North Lanarkshire Council Planning Applications for consideration of Planning and Transportation Committee Committee Date : 22nd September 2009 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE 22"' September 2009 Page Application No. Applicant Development/Locus Recommendation No 3 N/09/00486/FUL Coal Pension Construction of a Class 1 Refuse (Request Properties Ltd Supermarket, Class 2 for Site Visit & Betting Office & Alterations Hearing) to Car Park Town Centre East Car Park Central Way Cumbernauld 12 N/09/00868/FUL North Lanarkshire Erection of a New Tornado Grant Council Tantrum Water Ride Feature to The North West Corner of The Existing Leisure Centre and Associated External Works - 2.4m High Fenced Enclosure The Time Capsule 100 Buchanan Street Coatbridge 17 N/09/00913/FUL Campsie Centre Erection of Statue Grant Cumbernauld Ltd Site Adjacent To Eastfield Cemetery A80 Cumbernauld Cumbernauld 24 C/07/01996/REM Persimmon Homes Residential Development Grant West Scotland And Comprising 56 Houses and John Dewar & Sons 14 Flats (3 and 4 Storey) with Ancillary Roads and Landscaping at 288 Main Street, Coatbridge 35 S/09/00315/FUL Murdoch MacKenzie Conversion and Extension of Grant Construction Former Church to Form 11 Flats Wishaw Methodist Church 98 Caledonian Road Wishaw. Application No: Proposed Development: N/09/00486/FUL Construction of a Class 1 Supermarket, Class 2 Betting Office & Alterations to Car Park Site Address: Town Centre East Car Park Central Way Date Registered: 30th April 2009 Applicant: Agent: Coal Pension Properties Ltd Euan FS Pearson MRICS C/o La Sale Investment Management 20 Charlotte Square 33 Cavendish Square Edinburgh London EH2 4DF WIA 2NF Application Level: Contrary to Development Plan: Local Application No Ward: Representations: 3-Cumbernauld South. Councillors 3 letter(s) of representation received. Carrigan, Goldie, Homer & McElroy Recommendation: Refuse Reasoned Justification: The proposed supermarket and betting office would result in the loss of 92 of 175 well used parking spaces that currently mainly serve the ground floor retail units of phase 4 of the Town Centre. In order to replace those parking spaces that would be lost and to provide parking spaces for the new uses, a total of 175 parking spaces in reasonable proximity are required. Despite the 94 spaces proposed through the basement car parking and the reconfiguration of the roof top car park (approved under N/09/00485/FUL) there is a shortfall of 81 parking spaces. Such a significant deficiency is contrary to policy TRIO (Parking). Reasons for refusal: 1. That the proposed supermarket and betting office is contrary to policy TRIO (Parking) of the Cumbernauld Local Plan 1993 in that it would significantly and adversely affect particularly the immediately adjacent part (Phase 4) of the Town Centre by means of greatly reducing the current parking provision in the eastern car park and failing to provide convenient replacement parking or provision for the new development. 2. That despite the revised elevation drawings, both the proposed supermarket and betting office remain contrary to policies ENV8 and ENV9 of the Cumbernauld Local Plan 1993 and DSP4 of the Draft North Lanarkshire Local Plan in that their designs do not visually enhance the town centre. 3. That insufficient information has been submitted with respect to Sustainable Urban Drainage. 4. The approval of this application may set a precedent making it difficult for the Planning Authority to refuse other proposals where there parking provision is significantly deficient. Town Centre East Carpark Central Way Cumbernauld Construction of a Class 1 Supermarket, Class 2 Betbng Office &Merations to Car Park Backaround PaDers: Representation Letters Letter from Keppie, 6 Bells Brae, Dean Villiage, Edinburgh, EH4 3BJ received 4th June 2009. Letter from Cumbernauld Community Forum, C/o Mr Alan J Sneddon, 5 Gainburn Crescent, Condorrat, Cumbernauld, G67 4QN received 20th May 2009. Letter from Chris Miller, DPP, The Hatrack, 144 St Vincent Street, Glasgow, G2 5LQ received 29th June 2009. Consultation Responses: Traffic & Transportation (Northern Area) received 1 June 2009 Scottish Water received 29 May 2009 Environmental Health (including Pollution Control) received 19 May 2009 Contact Information: Any person wishing to inspect these documents should contact Ms Erin Louise Deeley on 01236 616464 Report Date: 15 September 2009 APPLICATION NO. N/09/00486/FUL REPORT 1. Site DescriDtion 1.1 The application site comprises the north side of the eastern car park of Cumbernauld Town Centre. The vehicular access to the car park is from the east bound carriageway on Central Way. The eastern car park is the main and most convenient parking provision associated with the ground floor level of the immediately adjacent part of the town centre (phase 4). 2. Proposed Development 2.1 The applicant proposes to construct a detached betting office measuring 204 square metres in footprint and a detached supermarket measuring approximately 1453 square metres in footprint. Combined, 83 associated parking spaces are required. The development would result in the loss of 92 of 175 existing parking spaces. In attempt to address the loss of parking, the applicant proposes a car park comprising 55 spaces beneath the supermarket. The same applicant was granted planning permission (N/09/00485/FUL) for the reconfiguration of the Phase 4 roof top car park. If implemented this would result in an additional 39 parking spaces. 3. Amlicant’s Sumortina Information 3.1 A supporting statement with respect to town centre parking and parking for the proposed development was submitted. The applicant considers that the required 83 parking spaces for the development has been incorrectly calculated and that a reduced provision is required as the betting ofice is not a class 1 shop. The thrust of the report is that there are several car parks within the town centre that are rarely at capacity and therefore parking provision throughout the town centre as a whole adequately addresses the shortfall with the proposed development. 3.2 The statement makes particular reference to previous traffic assessments carried out for the Town Centre such as that for the Antonine Centre. The applicants’ understanding is that a relaxation was given to parking when the Antonine Centre application was approved and that a similar approach should be applied to their proposal. A report by the then Director of Planning and Environment on town centre parking is also referred to. The applicant considers the report to conclude that there are car parks underused within the town centre and that parking levels should not be a deterrent to future development so long as the level is topped up in line with the development. 3.3 The statement refers to the development plan and Scottish Planning Policy 17 (Planning for Transport) under a heading ‘material considerations.’ 4. Site Historv and Wider ProPOsal 4.1 The applicant was granted planning permission (N/09/00588/FUL) on 15 July 2009 for external alterations to units 1A and 1B Teviot Walk. These units are planned to be amalgamated. The amalgamation in itself does not require permission. Unit 1B is currently occupied by Ladbrokes. The plan is for Ladbrokes to relocate to the proposed betting office if it is granted and for a single retailer to move into the amalgamated units. 4.2 Undetermined Planning application N/09/00629/FUL was submitted shortly after the application for the supermarkevbetting office. The proposal is to relocate Ladbrokes into temporary accommodation within the eastern car park as their lease of unit 1B Teviot Walk is due to expire at the end of the year and so they have to vacate the it. The applicant has confirmed that the plan is for Ladbrokes to move into the proposed temporary accommodation until such time as the permanent betting office is constructed. Determination of planning application N/09/00629/FUL has temporarily been postponed as the only scenario where temporary betting office accommodation would be acceptable is if permission is granted for the supermarketlbetting office and whilst construction works are ongoing. My Planning Service however is recommending that the supermarketlbetting office proposal be refused. Only when the Committee determine this application will it be appropriate to determine application N/09/00629/FUL. 4.3 The applicant was granted planning permission (N/09/00485/FUL) on 24 July 2009 for alterations to and the formation of 39 additional parking spaces on the roof top car park of Phase 4. The application was submitted simultaneously with the betting officelsupermarket application and so was part of a wider master plan attempting to address the parking shortfall that would result from the supermarket and betting office development. The formation of additional parking was felt to be an acceptable development in its own right. 5. DeveloPment Plan 5.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policy. 5.2 In terms of the Cumbernauld Local Plan 1993, the site is covered by shopping policy SHI of the Cumbernauld Local Plan 1993. The main thrust of this policy is to protect the town centre from inappropriate development and enhance services and facilities. There is a presumption in favour of major shopping development serving the town centre provided that proposals are in accordance with other local plan policies. 5.3 Another local plan policy of relevance is TRIO which relates to parking. There is a general presumption against any development which would substantially and adversely affect the surrounding area by virtue of its car parking implications. Adequate provision of parking in all new development must be made by developers in conformity with Strathclyde Regional Council’s adopted standards. 5.4 Policy EN8 is of relevance. It seeks to minimise the impact of a development on a site.