North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page...

168
North Lanarkshire Council DEPARTMENT OF PLANNING AND ENVIRONMENT PI an n i ng Ap p I icat ion s for consideration of Planning and Environment Committee Committee Date : 2nd August 2006 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved

Transcript of North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page...

Page 1: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

North Lanarkshire

Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

PI an n i n g Ap p I i ca t io n s for consideration of Planning and Environment Committee

Committee Date : 2nd August 2006

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved

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APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 2 AUGUST 2006

Recommendation

Grant (P)

Applicant

Mr Jim Purdon

DevelopmentlLocus Page No.

39

46

52

58

63

69

74

81

87

93

Application No.

N/05/01935/0UT Residential Development - Moodiesburn House 6 Cumbernauld Road Muirhead

Grant N/06/00297/FU L Punch Taverns Ltd

Erection of 2 Canopies and Fence for Outdoor Smoking - Red Comyn, Mossgiel Road Kildrum, Cumbernauld

Grant N/06/00786/FU L Mr I Gillespie Construction of Replacement Dwellinghouse - Langmuirhead Farm Langmuirhead Road Auchinloch

Grant N/06/00924/FU L Ms V Wilkinson Side Extensions to Dwellinghouse - Honeysuckle Cottage Auchinstarry Road Croy

Grant N/06/00992/FU L Rachel Avery Change of Use from Wooded Area to Mountain Bike Trail - Cumbernauld Glen Broom Road, Abronhill Cum bernau Id

C/05/008 58/0 UT

C/06/00332/OUT

Mr A. MacDonald

Mr Peter ‘Brammer

Erection of Retail Unit (In Outline) - Land north of 3 Carrick Place, Glenboig

Grant

Demolition of Existing Buildings and Erection of 3 Shops, 12 Flats and Associated Parking Facilities - 2 - 10 Loudon Street Town Centre, Airdrie

Grant

C/06/0061 O/AMD WRG Waste Services Ltd

Grant Alteration to Phasing of Existing Landfill Site (Phases 7D, 8A, 8B, 8C and 8D) - Greengairs Landfill Site, Meikle Drumgray Road, Greengairs, Airdrie

Grant (P)

Refuse

C/06/00797/FUL

C/06/00809/FUL

Mr J Lawson Erection of Dwellinghouse and Formation of Vehicular Access South Lanridge Farm, Linrigg Road, Newhouse

Mr C McCracken

Erection of Dwellinghouse - Land to the Rear of 199 Main Street, Plains

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APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 2 AUGUST 2006

Page No.

98

106

113

118

129

139

145

151

158

164

Application No.

C/06/00896/FUL

C/06/0

S/05/0

C/06/00987/FUL

019IFUL

944/FUL

S/05/02058/FUL

S/06/00735/F U L

S/06/00791/FUL

S/06/00956/F U L

S/06/00978/F U L

Applicant

Rock DCM Ltd

Ms M Macbeth

Mr & Mrs J. McMurray

Baronial Properties

Springfield Homes

Eurocentral Partnership Ltd

Melzone Ltd

Driving Standards Agency

Punch Taverns

T-Mobile (UK) Ltd

DevelopmentlLocus Recommendation

Erection of 15 No. Flatted Dwellings and Class II Office Accommodation (Ground Floor 72m2) - Land east of 293 Bank Street Coatbridge

Grant

Siting of Mobile Snack Van- Refuse Land to the front of Request for Site Visit and 7 Old Monkland Road, Hearing Coatbridge

Two Storey Front Extension to Dwelling - 25 Ayr Drive, Cairnhill, Airdrie

Grant

Residential Development of 40 Grant Units with New Vehicular Access to Woodhead Crescent Land at Holmbrae Road, Uddingston

Demolition of Detached Grant Dwellinghouse & Erection of 42 Dwellinghouses and 24 Flatted Dwellings No 35 and Land to the rear of 31-87 Old Manse Road, Wishaw

Development of a Marketing Grant Suite - Land west of Townhead Avenue, Eurocentral, Holytown

Part Change of Use of Public House to Licensed Bookmakers - 17 - 19 Motherwell Road, Newhouse

Grant

Change of Use from Retail (Class 1) to Driving Test Centre (Class 2) - 298 Caledonian Road, Wishaw

Refuse

Change of Use to Form Beer Garden/Smoking Area to the Front and Smoking Area to Side - The Electric Bar, 291 Airbles Road, Motherwell

Grant

Installation of 3 no 2G Antennae, Relocation of 3 no 3G Antennae on Existing Tower, and Installation of One Additional Equipment Cabinet - 57 Roundknowe Road, Uddingston

Grant

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APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 2 AUGUST 2006

Page No.

169

176

181

187

195

Application No.

S/06/00986/FU L

S/06/00991/OUT

S/06/01057/FUL

S/06/01065/FUL

S/06/01080/FUL

Applicant

Talk of The Town

James O'Hara

Tom Gallagher

Moore MacDonald Solicitors

Kevin Smith AC Electrics Ltd

DevelopmentlLocus Recommendation

Grant 3 Storey Rear Extension to Public House to Form a Disco, Youth Facility, Function Suite, 15 New Bedrooms, Ancillary Facilities, and Amendment to Car Parking - 230 Station Road, Shotts

Erection of 2 Dwellinghouses - 218 Allanton Road, Allanton, Shotts

Refuse

Erection of Shed for Sale of Refuse Pet Foods and Associated Request for Site Visit and Products (in retrospect) - Hearing 90 Benhar Road, Shotts

Change of Use from Refuse Dwellinghouse (Class 9) to Office (Class 2) and Hearing Installation of Disabled Access Ramp - 65 Hamilton Road, Motherwell

Request for Site Visit and

Erection of a One and a Half Storey Building For Storage and Office Use - 6 Main Street, Cleland

Grant

N/05/01935/OUT : If granted, S69 Agreement required C/06/00797/FUL -If granted, Section 75 Agreement required

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Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

N/05/01935/OUT

25th November 2005

Mr Jim Purdon Barraston Holdings Torrance Glasgow G6 4BW

Keppie Planning Ltd 160 West Regent Street Glasgow G2 4RL

Residential Development

Moodiesburn House Hotel 6 Cumbernauld Road M uirhead Glasgow G69 QAA

68 Moodiesburn West and Gartcosh Councillor Joseph Shaw

269845670237

N/05/01935/OUT

No Applications of Relevance

The site is covered by Policy HG3 (Retention of Residential Amenity) in the adopted Northern Corridor Local Plan 2005.

No

Scottish Exec. Trunk Roads Management (Comments) Scottish Environment Protection Agency (Comments) Scottish Water (Objection)

None Received

Not Required

Recommendation:

1.

Grant Subject to the Following Conditions:-

That the development hereby permitted shall be started, either within 5 years of the date of this permission, or within 2 years of the date of which the last of the reserved matters are approved, whichever is the later.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

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1

6Cumbemauld Road Muirhead Residential Development Site &ea 1.24 Hectares

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2.

3.

4.

5.

That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition above, shall be made to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:-

(a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of equipped play areas; (e) the provision of public open space; (f) the details of, and timetable for, the hard and soft landscaping of the site; (9) details for management and maintenance of the areas identified in (d),(e) and (f) above; (h) the design and location of all boundary walls and fences; (i) details of existing trees, shrubs and hedgerows to be retained; (j) the phasing of the development; (k) the provision of drainage works; (I) the disposal of sewage; (m) details of existing and proposed site levels.

Reason: To enable the Planning Authority to consider these aspects in the interests of the visual amenity of the site and the surrounding area, traffic and pedestrian safety and the amenity and wellbeing of future residents of the site.

That notwithstanding the generalities of Condition 3, the reserved matters application shall include the following:- (a) written confirmation from Scottish Water that the site can be provided with an acceptable water supply and a foul sewerage system which would not contribute to the premature operation of consented downstream overflows; (b) details of the proposed surface water surface drainage scheme which must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant ClRlA Manual and other advice published by the Scottish Environment Protection Agency (SEPA).

Reason: To enable the Planning Authority to consider these aspects in the interests of ensuring that the drainage scheme complies with best SUDS practice, to protect adjacent watercourses and groundwater, and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

That notwithstanding the generalities of Condition 3, the reserved matters application shall also include:- (a) details of all proposed noise mitigation measures to be utilised within the site; (b) a report from a qualified noise engineer confirming that the measures proposed are sufficient to result in an internal daytime noise level of less than 45dB and an internal night time noise level of less than 35dB for all of the proposed dwellings within the site.

Reason: To enable the Planning Authority to consider these aspect in the interests of the visual amenity of the site and the surrounding area and in the interests of the amenity and wellbeing of existing and future residents of the development site.

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6. That notwithstanding the generalities of Condition 3, the reserved matters application shall include details of the proposed access from the A80 and that except as may otherwise be agreed by the Planning Authority, in consultation with the Roads Authority it shall comply with following requirements:- (a) provide visibility splays which shall be triangles of ground bounded by the first 9 metres of the centreline of the access (the set back dimension) and the nearside trunk road carriageway for 90 metres in both directions from the intersection of the access with the trunk road (the y dimension). In a vertical plane nothing shall obscure visibility measured from a drivers eye height of between 1.05 metres and 2 metres positioned at the set back dimension to an object of between 0.26 metres and 1.05 metres anywhere along the y dimension: (b) be to a standard as described in the Department of Transport Advice Note TA 41/95 (Vehicular Access to All-Purpose Trunk Roads) (as amended in Scotland) complying with Layout 3; (c) have no drainage connections to the Trunk Road drainage system;

Reason: In the interests of traffic safety.

7. That notwithstanding the generalities of Condition 3, the reserved matters application shall include details of the proposed alterations to the existing Trunk Road Lighting and details of the proposed development lighting.

Reason: To enable the Planning Authority to consider these aspects in the interests of traffic safety.

NOTE TO COMMITTEE

If granted, the planning permission will not be issued until an agreement under Section 69 of the Local Government (Scotland) Act 1973 has been concluded to secure funding for the provision of a revised junction, which includes right turn storage facilities on the A80.

Background Papers:

Application form and plans received 25th November 2005 Supporting Statement from Keppie Planning received 25th November 2005 Letters from Keppie Planning received 6'h February & 4'h May 2006. Phase 1 Environmental Risk Assessment by Envirocentre received 4'h May 2006 Noise Assessment received by Envirocentre 4'h May 2006

Memo from NLC Traffic & Transportation Team Leader (Northern Area) received 6th January 2006 Copy Letter from NLC Traffic & Transportation Team Leader (Northern Area) to Dougal Baillie Associates received 12'h June 2006 Memo from NLC Head of Protective Services received 20th December 2005 Letter from Scottish Executive Trunk Roads Network Management received 23rd December 2005 Letter from Scottish Environment Protection Agency received 23rd December 2005 Letter from Scottish Water received 5th December 2005

Any person wishing to inspect these documents should contact Mrs Mary Stewart at 01 236 616473.

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Date: 10 July, 2006

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APPLICATION NO. N/05/01935/0UT

REPORT

1.

1 .I

1.2

1.3

2.

2.1

2.2

3.

3.1

3.2

3.3

3.4

Description of Site and Proposal

The site lies immediately to the south of the A80 trunk road within the settlement of Moodiesburn. Bedlay Cemetery lies to the west of the site and there is agricultural land to the south. To the east of the site there is a small group of residential properties and further agricultural ground. To the north, beyond the A80 is a flatted development and a wooded area.

The site is approximately 125 metres from a light controlled junction on the A80. It is currently occupied by the Moodiesburn House Hotel, with two separate access points from the trunk road. The hotel operates from 4 separate blocks.

The applicant seeks outline planning permission for residential development of the site. The indicative site layout shows a total of 86 flats in a three and four storey format with associated parking and infrastructure. It is proposed that the development would be served by a single new access to the site.

Development Plan

This proposal raises no strategic issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000, and can therefore be assessed against the relevant Local Plan policies.

The site lies within an area covered by Policy HG3, which seeks to protect the amenity of established residential areas, in the adopted Northern Corridor Local Plan 2005. Policy HGI identifies potential sites for new residential development within the plan area. Policy HG4 is also of relevance in that it provides guidelines for the assessment of new residential development.

Consultations and Representations

Scottish Water objected to the proposed development, but stated the objection could be deemed to be withdrawn subject to the imposition of Conditions requiring the developer to demonstrate no adverse effect from the development on their infrastructure and reaching agreement with them on the provision of water supply and drainage facilities.

The Scottish Environment Protection Agency commented on the need for a SUDS based system for surface water treatment. Whilst they advise that foul drainage should be connected to the public sewer they seek assurance from Scottish Water that this will not contribute to premature operation of consented storm overflows.

The Scottish Executive, Trunk Roads Network Management Directorate (Transport Scotland) commented on the acceptability of the proposed development subject to the imposition of Conditions to ensure adequate standards of safety in relation to the trunk road.

My Traffic and Transportation Section recommended that the proposed development be refused on the grounds that the proposed site access arrangements were unacceptable in that no right turn facilities were to be provided for drivers exiting / entering the site. This advice was contrary to that of Transport Scotland, who currently have responsibility for management of the trunk road network. However, it is anticipated that on completion of the A80 upgrade, (circa 2011) this section of the A80 will be de-classified as a trunk road and responsibility for its

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management will revert to the Council. My Transportation Section subsequently agreed a revised access layout which could be implemented when the A80 is de-classified and indicated they would then support the proposal subject to securing funding to allow the implementation of the works. The applicant has indicated his acceptance of the need for an Agreement under Section 69 of the Local Government (Scotland) Act 1973 to secure this funding.

3.5 My Pollution Control Section commented that a Phase 1 Site Investigation Report should be submitted and advised of the need for a Noise Impact Assessment because of the close proximity of the proposed residential areas to the A80. Both reports were subsequently submitted on behalf af the applicant. The Site Investigation Report revealed no cause for concern that the site may be unsuitable for residential use. The Noise Assessment Report highlighted the need for noise mitigation to be a key design consideration in the detailed proposals for the site, including the provision of a noise barrier and mitigation measures.

4. Planning Assessment and Conclusions

4.1 Under Section 25 of the Town 8 Country Planning (Scotland) Act 1997 planning decisions require to be made in accordance with the development plan unless material considerations indicate otherwise. The proposed development raises no strategic issues and is in accordance with Policy HG3 of the adopted Northern Corridor Local Plan 2005. Whilst not specifically identified as a housing opportunity under the terms of Policy HGI, there is nothing to suggest that the site would not provide an acceptable standard of residential environment in accordance with the guidelines established by Policy HG4.

4.2 The applicant has indicated his acceptance of the need to enter into a Section 69 Agreement in order to provide the funding required to meet the cost of the alterations to the A80 (f150 000). This will allow the Council to execute the required works when the A80 is de-classified, should the development proceed.

4.3 I am satisfied that the all of the remaining issues raised by consultees can be appropriately addressed either through the imposition of conditions or at the detailed planning stage. None of these issues outweigh the other relevant material considerations or would be so significant as to merit the withholding - of consent. Accordingly, it is recommended that outline planning permission be granted subject to conditions.

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Application No:

Date Registered:

Applicant:

Agent

Development:

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

N/06/00297/FUL

27th February 2006

Punch Taverns Ltd Lincoln House Fradley Park Lichfield

CM Design Consultants 22 Athole Gardens Glasgow G12 9BB

Erection of 2 Canopies and Fence for Outdoor Smoking

Red Comyn Mossgiel Road Kildrum Cum bernauld North Lanarkshire

53 Kildrum and Park Councillor Tom Johnston

276987674967

N/06/00297/FUL

The site is covered by Policy HG4: Residential Amenity of the Cumbernauld Local Plan 1993

No

3 letters and 30 signature petition

Advertised on 8'h March 2006

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

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Background Papers:

Application form and plans received 27th February 2006 Letter and amended plans from CM Design Consultants received 30th June 2006

Memo from Traffic and Transportation Team Leader received 4th May 2006 Memos from Head of Protective Services received 1 5th March, 22"d March and 1 3'h July 2006.

Letters from Miss A Ross, l a Mossgiel Road, Kildrum, Cumbernauld, G67 2HB received 7th and gth March 2006. Letter from Kildrum Community Council, Clo Margaret Robertson, Secretary, 162 Ainslie Road, Kildrum, Cumbernauld, G67 2EE received 20th March 2006. Letter from Councillor Tom Johnston, PO Box 14, Civic Centre, Motherwell received 1 gth July 2006.

Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01 236 61 6463.

Isth July 2006

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APPLICATION NO. N/06/00297/FUL

REPORT

1.

1 .I

1.2

1.3

2.

2.1

2.2

3.

3.1

3.2

3.3

Description of Site and Proposal

This application is for the erection of 2 canopies and associated fencing at the Red Comyn public house, Mossgiel Road, Kildrum. The public house is situated on the corner of Clouden Road and Mossgiel Road. Directly north lies residential properties, whilst to the east lies the car park. Open Space is situated along the south and west elevations, whilst an equipped children’s play area is located to the west across Mossgiel Road.

The initial application was for the formation of a covered beer garden on the open space at the west elevation of the public house, directly across Mossgiel Road from the children’s play area. Negotiations with the applicant has resulted in the removal of the beer garden from the proposal

A fixed canopy is proposed over the fire exit on the elevation facing Mossgiel Road, across from the play area. The fire exit sits is an elevated position approximately 1.7 metres above ground level. A larger retractable awning is proposed off the entrance to the lounge, on the east elevation overlooking the car park. A 1.8 metre high timber slatted fence is proposed in this area at a recess in the building, thus stopping patrons from wandering round to the main entrance, which is situated directly adjacent to residential properties.

Development Plan

This proposal raises no strategic issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000 and therefore requires to be assessed in terms of relevant Local Plan policies.

The site is covered by Policy HG4: Residential Amenity of the Cumbernauld Local Plan 1993, which states there is a presumption against the loss of houses to other uses, and development which could be detrimental to residential amenity.

Consultations and Representations

My Traffic and Transportation Section has no objections to the proposal.

My Protective Services Section has stated the proposal complies with the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006, providing the sum of the areas of the side walls is 50% or less of the total.

Three letters of representation, including one from Kildrum Community Council and Councillor Johnston, and a 30 signature petition have been received in connection with the application. The main points of objection and my comments thereon are as follows:-

+ The public house is located in close proximity to housing, with noise levels already at an unacceptable level. The noise levels would be exacerbated by patrons sitting in the beer garden.

Comment: Negotiations with the applicant has resulted in the beer garden being removed from the proposal. Two canopies, one on the west elevation and the other on the east, have been proposed. Whilst patrons will shelter under the canopies to smoke outside, it will have little impact on amenity as they will be outside the public house for a short period of time.

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+ A children’s play area is located across Mossgiel Road, directly opposite the beer garden. This is unacceptable, as the children would be exposed to patrons drinking, smoking and bad language.

Comment: As stated above, the beer garden has been removed from the proposal. A fixed canopy is proposed on the west elevation above the fire escape from the public bar. This area sits approximately 1.7 metres above ground level, facing the children’s play area, approximately 15 metres away. The canopy is small in scale with an area of 5.7 square metres, projecting less than 1.5 metres from the building. Whilst the play area is overlooked by the raised area, I am satisfied it will be for short periods of time. Furthermore, there is nothing to stop patrons form congregating there at present. At the moment, some patrons are congregating outside the main entrance to smoke, to the detriment of the adjacent residential proprietors. It is anticipated that the canopy on the west elevation will encourage the smokers away from the entrance.

+ The bottom of Mossgiel Road is effectively reduced to a single lane as patrons from the public house park their cars there, even though a car park is located at the other side of the building.

Comment: The above is unfortunate, however, this is a management issue. The proposal will have no impact either way on the parking problems.

+ The public house does not have a lot of patrons, so there is no need to create outdoor drinking floorspace.

Comment: As previously mentioned, the beer garden has been removed from the proposal. The canopies are for outdoor smoking purposes.

+ The smoking shelter on the west elevation is in an inappropriate location as it is an elevated position facing the children’s play area. It is well known that smoking is often picked up as a habit through unconscious copying. The rail at the top of the stairs will be leaned on leading to prolonged smoking in good weather.

Comment: The fact smokers will be viewed from the play area is not a material planning consideration. I am satisfied that this small elevated area is not ideal for prolonged congregating.

+ The shelter on the west elevation will be exposed to the prevailing south west wind, which could be unsuitable for smokers. This in turn could lead to them huddling in the doorway, in contravention of the anti-smoking legislation.

Comment: It is for the landlord to ensure the patrons adhere to the anti-smoking legislation, it is not a planning consideration.

+ The shelter on the west elevation would have privacy implications for the residents in Clouden Road and Mossgiel Road.

Comment: I am satisfied that the shelter would have a minimal impact on the privacy of nearby residents, as the nearest residential property is 25 metres away.

+ The canopy is proposed over an emergency exit and is therefore unsuitable for the congregation of patrons.

Comment: It is for the landlord to ensure that patrons do not linger in this area, and that no health and safety regulations are being broken.

+ It is presumed the timber fence shown on the amended plans is an error, left over from the

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previous plan for the beer garden.

Comment: I can confirm the fencing on the plan was an error and has been removed from the proposal.

+ The proposed canopy on the east elevation at the lounge entrance is a good location as it is distanced from residential properties and is sheltered from the prevailing wind. The 1.8 metre timer slatted fence will stop pedestrian movement to the main entrance, directly adjacent to residential properties. There may be a case to extend the timber fence to replace part of the existing balustrade to further screen the smoking area as the Clouden Road grassed recceation area continues north east of the public house, thus screening children from the smokers.

Comment: The smoking area faces the public house car park, very little of the open space will be directly viewed due to the 1.8 metre screen fence at the side of the shelter. Although not a material planning consideration, the introduction of a screen fence to the front would mean that the canopy would breach the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006, as the sum of the areas of the side walls would exceed 50% of the total.

+ If the only smoking area approved is at the lounge overlooking the car park there will be a need for internal alterations to ensure smokers from the bar can easily access the smoking area outside. Councillor Johnston is in correspondence with the Council’s Chief Solicitor as patrons congregate at the bar entrance to the detriment of the adjacent residents.

Comments This is a matter for the landlord, it is not for the planning process to require internal alterations when it is a management issue.

4. Planninn Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. As the proposal raises no strategic issues it must be considered against the adopted Cumbernauld Local Plan 1993. Policy HG4 states there is a presumption against development which could be detrimental to residential amenity. The beer garden was considered to be unacceptable in such close proximity to the surrounding residential properties and children’s play area. I am satisfied that the canopies will not have a detrimental impact on residential amenity, or the children in the nearby play area.

4.2 Notwithstanding the objections raised, discussed in Section 3 above, it is recommended that planning permission be granted.

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Application No:

Date Registered:

Applicant:

Agent

Development:

Location :

Ward:

N1061007861FUL

10th May 2006

Mr I Gillespie No. 7 Lanrig Holdings Chryston G69 9JY

James F Stephen Architects 5 Viewfield Place Stirling FK8 1NQ

Construction of Replacement Dwellinghouse

Langmuirhead Farm Lang m ui rhead Road Auchinloch North Lanarkshire

69 Chryston And Auchinloch Councillor Charles Gray

Grid Reference: 265556669877

File Reference: N1061007861FUL

Site History: No Applications of Relevance

Development Plan: The property is covered by Green Belt policies in the Northern Corridor Local Plan 2005.

Contrary to Development Plan: No

Consultations: Scottish Natural Heritage (Comments) Scottish Water (Com ments)

Representations: None

Newspaper Advertisement: Advertised on 17th May 2006

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

Reason:To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That before the development hereby permitted starts, a license shall be obtained from the Scottish Executive (under the Conservation (Natural Habitats &c.) Regulation 1994 and the Conservation (Natural Habitats &c.) Amendment (Scotland) Regulation 2004) for permission to

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Langmuirhead Farm Langmuirhead Road Auchinloch Construction of Replacement Dwellinghouse

a

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destroy the breeding/refuge/roosting place (building B1 a) of the European Protected Species of Brown Long-eared Bats.

Reason:ln the interests of nature conservation and in order to comply with the Conservation (Natural Habitats &c.) Regulation 1994 and the Conservation (Natural Habitats &c.) Amendment (Scotland) Regulation 2004.

3. That before the development hereby permitted starts, a scheme shall be submitted for the temporary and permanent replacement of breeding/refuge/roosting facilities for bats and swallows; approved facilities shall be incorporated into the development proposals.

Reason:ln the interests of nature conservation by ensuring that there are replacement breeding/refuge/roosting facilities for bats and swallows.

4. That the use of the dwellinghouse, garage and garden area hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site and no commercial activity shall be carried out in, or from, the dwellinghouse, garage and garden area.

Reason:ln the interests of the rural environment of the area.

5. That before the development hereby permitted starts, full details of the existing and proposed levels on the site shall be submitted to, and approved in writing by the Planning Authority.

Reason:To ensure that levels are appropriate for the site and the general area.

6. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority.

Reason:To ensure that materials are appropriate for the site and the general area.

7. That before the development hereby permitted starts full details of the design and location of all fences and walls to be erected on the site shall be submitted to and approved in writing by the Planning Authority; the curtilage fencing shall not extend outwith the application site.

Reason:To ensure that walls and fences are appropriate for the site and the general area.

8. That prior to works commencing, full details of the location and design of the sewerage scheme shall be submitted to and for the approval of the Planning Authority, and for the avoidance of doubt surface water drainage shall comply with the Scottish Environment Protection Agency (SEPA) principles of Sustainable Urban Drainage Systems (SUDS).

Reason:To safeguard the amenity of the area and to ensure that the proposed drainage scheme complies with the latest SEPA guidance.

9. That the SUDS compliant surface water drainage scheme approved under Condition 7 above shall be implemented contemporaneously with the development. Following the construction of the approved SUDS, a certificate (signed by a responsible Civil Engineer) shall be submitted by the applicant to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

Reason:To safeguard the amenity of the area and to ensure that the proposed drainage scheme complies with the latest SEPA guidance.

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Background Papers:

Application form and plans received 10th May 2006

Letter from Scottish Natural Heritage received 30th May 2006 Letter from Scottish Water received 5~'~ July2006 Memo from Transportation Manager received on 22nd May 2006 Memo from NLC Community Services received on loth July 2006

Any person wishing to inspect these documents should contact Mr Martin Dean at 01236 616459.

Date: 18th July 2006

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APPLICATION NO. N/06/00786/FUL

REPORT

1.

1 .I

1.2

2.

2.1

2.2

3.

3.1

Description of Site and Proposal

The application is for a replacement dwellinghouse at Langmuirhead Farm, Langmuirhead Road, by Auchinloch. As the steading area has been sold off separately from the surrounding farmland, the proposed dwellinghouse will not be a farmhouse. It is proposed to demolish the existing redundant farmhouse and outbuildings. A structural report confirms that the existing 2- storey dwellinghouse is in extremely poor physical condition and is beyond being able to be viably restored.

The proposed ;eplacement dwellinghouse is contemporary in design, with it being based round an L shaped 1 /* storey format. A 4-car garage is attached to the dwellinghouse and forms an integral part of the overall design.

Development Plan

Replacement dwellinghouses are below the level of significance for consideration under the Glasgow and the Clyde Valley Joint Structure Plan 2000.

Under the Northern Corridor Local Plan 2005, the proposed site is within the Green Belt and is covered by the following replacement housing policy.

”ENV 6: Replacement Housing

There will be a presumption against replacement dwellings where the original dwelling is considered by the Council to contribute positively to landscape character and local distinctiveness through characteristics such as design, vernacular character or historical significance. It will be a normal requirement of any approval for a replacement dwelling that:

1 The dwelling to be replaced shall be demolished prior to construction commencing on the new dwelling.

2 The proposed replacement dwelling will be designed with regard to guidance published by the Scottish Office in “Siting and Design of New Housing in the Countryside” (PAN 36) in that it reflects a functional and visual association with existing buildings or some other significant feature and should reflect any local traditional rural house styling.”

Consultations and Representations

Consultation responses are as follows;

Scottish Natural Heritage: a) SNH reserves its position until a barn owl and bat survey is undertaken. b) (in response to survey) The contents of the survey are accepted. A license will be required from the Scottish Executive for the demolition of the outbuilding in which bats have been observed.

Scottish Water: No objections.

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3.2

3.3

3.2

4.

4.1

4.2

4.3

4.4

4.5

NLC Community Services: No objection subject to conditions requiring the provision of temporary and permanent replacement breedinglrefugelroosting facilities for bats and swallows.

My Transportation Manager has no objection to the application.

No representations have been received.

Plannina Assessment and Conclusions

Compliance with Development Plan: All planning decisions must be made in accordance with the Development Plan unless material considerations indicate otherwise. As covered in paragraph 2.2 above, there is Development Plan support for replacement dwellinghouses in the Green Belt subject to the existing dwellinghouse having no overriding merit and the replacement being of a suitable design. A structural survey has confirmed the poor condition of the existing farmhouse and outbuildings, with the report concluding that the existing outbuildings are in a dangerous condition and that the farmhouse is beyond viable renovation. The properties are stated in the structural survey as being unsuitable for reinstatement for domestic use and it is advised that they should be demolished. It is considered that the replacement dwellinghouse complies with the relevant Local Plan policy with it being noted that a) the existing dwellinghouse requires to be demolished prior to the erection of the replacement building as they largely occupy the same site and b) the sturdy, simple and rural based design of the replacement dwellinghouse complies with Planning Advice Note 72 “Housing in the Countryside” (which replaces PAN 36).

There is a separate issue concerning the selling off of the farmhouse and steading from surrounding farmland. Local Plan policy ENV 5 states that, where a farm house and agricultural buildings are disposed of separately from the original farm and is occupied by a person not employed full time in agriculture, planning permission for a new dwelling within the original farm unit will not normally be permitted. This, however, is not relevant to the current application, but is an issue to be addressed through any subsequent application for a new farmhouse associated with the surrounding farmland.

Size and Desiqn: The application site is on raised land with there being medium distance (250 metres approximately) views from Langmuirhead Road. It is important, therefore, that any proposed dwellinghouse is well designed and does not affect the openness and rural character of this greenbelt area. The proposed dwellinghouse has an attractive contemporary design. It is not over dominant and the design respects local rural traditions. The footprint of the proposed dwellinghouse is less than that of the existing farmhouse and outbuildings which are proposed for demolition.

Bats: Bats, which are a European Protected Species (Conservation (Natural Habitats.&.) Regulation 1994 and the Conservation (Natural Habitats4c.) Amendment (Scotland) Regulation 2004), have been observed to occasionally refuge or roost in one of the outbuildings. As such a license is required from the Scottish Executive for the demolition of the outbuilding as part of the development proposals. A planning condition requires that no works start until such a license is granted. If it is not granted then the recommended planning permission can not be implemented. A further planning condition requires that replacement temporary and permanent bat facilities be provided.

Conclusion: It is considered that the proposed replacement dwellinghouse is acceptable on policy, design and rural amenity grounds. There are no planning objections to the proposal and it is recommended that permission be granted.

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Application No:

Date Registered:

Applicant:

Agent

Development:

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

N1061009241FUL

31 st May 2006

Ms V Wilkinson Honeysuckle Cottage Auchinstarry Road Croy

HomeCAD 2 Cumbernauld Business Park Wardpark Road Cum bernauld G67 3JZ

Side Extensions to Dwellinghouse

Honeysuckle Cottage Auchinstarry Road Croy Glasgow North Lanarkshire G65 9SG

64 Croy, Kilsyth South and Smithstone Councillor Francis Griffin

271 950 676870

N/06/00924/FUL

N/97/00129/FUL Erection of 2No. dwellings - Refused 13'h August 1997 N/97/00326/FUL Erection of Two Detached Dwellinghouses - Approved 1 4'h January 1998 N/98/01199/FUL Alterations to Position & Design of Previously Approved Dwellings - Approved 30th September 1998 N/06/00344/FUL Extension of a Dwellinghouse - Withdrawn 1 Oth May 2006

Contrary to Development Plan: No

The property is covered by Green Belt Policies in the Kilsyth Local Plan 1999

Consultations: Brit ish Waterways

Representations:

(No Objection)

Newspaper Advertisement: Not Required

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1 :I ,250

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Recommendation: Grant Subject to the Following Conditions:-

1.

2.

3.

4.

That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building.

Reason: In the interests of visual amenity.

That before the development hereby permitted starts, the 2 in-curtilage car parking spaces outlined on Drawing No: P-553-03 shall be provided and shall, thereafter, be maintained as car parking spaces.

Reason: To ensure there is adequate in-curtilage parking provision for a 2-bedroom dwellinghouse.

That before the development hereby permitted starts, the existing vehicular access from the canal towpath shall be removed.

Reason: In the interests of the safety of the users of the towpath, and as it is an unauthorised development.

Background Papers:

Application form and plans received 31st Mar 2006 Letter and plans from HomeCAD received 5' July 2006

Letter from British Waterways received 16'h June 2006

Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01236 616463.

12th July 2006

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APPLICATION NO. N1061009241FUL

REPORT

I.

1 .I

1.2

2.

2.1

2.2

3.

3.1

3.2

Description of Site and Proposal

The application site is located in close proximity to the Forth and Clyde Canal at Auchinstarry. There are two small, detached bungalows located on relatively limited plots that have a shared access from the B802. The houses are small two-bedroom bungalows that fit in well to this canal side location. The property in question, Honeysuckle Cottage, is the eastern most of the two.

The proposal is to construct extensions to both sides of Honeysuckle Cottage. A dining room is proposed on the south western gable, which would be set back 300mm from the front and rear elevations. This extension has a floor area of 27.8 square metres. A sun room is proposed for the north eastern elevation, which has a floor area of 7Sm, and is set back 2.1 metres from the front elevation of the cottage (which faces the canal).

Development Plan

This proposal raises no strategic issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000 and therefore requires to be assessed in terms of relevant Local Plan policies.

The property is covered by Green Belt Policies in the Kilsyth Local Plan 1999. Policy GB6 is most relevant. It states that:

"Within the Greenbelt, proposals for the extension of existing residential, industrial or commercial premises will only be given favourable consideration when the proposals are small in scale, well integrated with the existing buildings, and do not create adverse traffic or environmental conditions.

The policy is designed to prevent a loss of amenity that could otherwise arise from the over- extension of properties in Green Belt locations. This is especially relevant for this location, as the property is located within close proximity to the Forth and Clyde Canal, which is a Scheduled Ancient Monument.

Planning Historv

The previous planning application withdrawn in May of this year was for two extensions with a total floor area of 50 square metres. It was considered to be an over-enlargement of a small cottage in an important setting close to the Forth and Clyde Canal, and as such the applicant was advised that the application was likely to be refused. Furthermore, the previous application proposed a bedroom thus requiring the provision of a total of 3 in-curtilage parking spaces. This would have been very difficult to achieve, as it is a restricted site with a difference in levels at the rear.

The previous owners of the cottage formed a double length driveway from the adjacent canal towpath, which was in breach of one of the conditions attached to the consent for the two cottages. As the construction of the sun room would result in only one car being able to be parked on an unauthorised driveway, the applicant was requested to provide two in-curtilage parking spaces elsewhere within the curtilage, which they have shown can be achieved. A condition can be attached for the removal of the unauthorised driveway from the canal towpath.

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4. Consultations and Representations

4.1 British Waterways has no objection to the proposal.

4.2 No other consultations were required.

4.3 Councillor Griffin has requested that the application be reported to Committee for determination.

5. Plannina Assessment and Conclusions

5.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. This application does not raise any issues of strategic importance. Therefore, it requires to be considered against Local Plan Policy. The site is located within the Green Belt and is in close proximity to a Scheduled Ancient Monument. Policy GB6 of the Local Plan requires that extensions to properties in the Green Belt should be small in scale and should be integrated well with existing buildings. This is especially important for this sensitive location.

5.2 The proposed enlargement of this canal side cottage would add approximately 36 square metres of floor space to the existing 86 square metres. From a planning viewpoint the design and scale of the extensions are acceptable, and does not conflict with Local Plan Policy GB6. It is therefore recommended that planing permission be granted.

5.3 While this application could normally be dealt with under the scheme of delegated powers, as stated in paragraph 4.3 above, Councillor Griffin wishes the decision to be made by the Planning and Environment Committee.

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Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

N/06/00992/FU L

7th June 2006

Rachel Avery Scottish Wildlife Trust Units 5-7 Napier Way Wardpark North Cumbernauld G68 OEH

Change of Use from Wooded Area to Mountain Bike Trail

Cumbernauld Glen Broom Road Abronhill Cumbernauld North Lanarkshire

54 Seafar And The Village Councillor Neil McCallum

282620662599

N/06/00992/FUL

No Applications of Relevance

The property is covered by Environment and Open Space Policies in the adopted Cum bernauld Local Plan 1993.

No

None

Not Required

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997

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Cumbernauld Glen, Broom Road, Cumbernauld Change of use from Wooded Area to Mountain Bike Trail

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Background Papers:

Application form and plans received 7th June 2006

E-mail from Roads (Northern Division) received 12 July 2006 E-mail from Leisure Services received 10 July 2006

Letter from Mr Phi1 Hunter, 71 Lime Crescent, Abronhill, Cumbernauld, G67 3PG received 23rd June 2006. Letter from Karen Morrison, 5 Whitestone Avenue, Cumbernauld, received 26 June 2006

Any person wishing to inspect these documents should contact Ms Erin Louise Deeley at 01236 61 6464.

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APPLICATION NO. N1061009921FUL

REPORT

Description of Site and Proposal

The site is part of Cumbernauld Glen and is located south of Ward Park Industrial Estate, north and west of Abronhill, and east of Cumbernauld Village. The site is surrounded by a significant area of open space.

The Scottish Wildlife Trust propose to provide 1.6 kilometres of purpose-built single track mountain bike trail, graded according to standards set by the International Mountain Biking Association and Forestry Commission Scotland. The majority of the trail is proposed to be ‘blue grade’ meaning that it is suitable for families, children and novice riders. Also proposed are ‘red and black grade’ diversions from the main trail which would be more technically challenging. The trail is proposed to be 1 metre wide and will consist of rock material to provide a hard base for the trail and in order to minimise maintenance. The trail would be built utilising the existing land form.

Development Plan

This proposal raises no strategic issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000 and can therefore be assessed against local plan policies.

In the adopted Cumbernauld Local Plan 1993, the following policies are relevant- Policv EN 18 - There will be a general presumption against development which could adversely affect sites of nature conservation value and where development is approved which could affect any site for nature conservation value, the council will seek to conserve, as far as possible, the sites ecological interest; Policv EN 26 - There will be a presumption against development in areas of open space except where the development provides for outdoor recreation.

Consultations and Representations

NLC Community Services commented that part of the site is in a SlNC and ancient woodland and it is unclear from the plans submitted how many trees were proposed for removal and if they were large enough to support bat roosts and that breeding and badger surveys are carried out.

Comment: This issue has been discussed via e-mail between Community Services and the Scottish Wildlife Trust (SWT). NLC Community Services concerns have been addressed by SWT clarifying that the proposed site for the trail is not ancient woodland but in fact a poor quality lodgepole pine and spruce plantation established by Cumbernauld Development Corporation (CDC). Furthermore, SWT commented that tree roots are being damaged as well as bluebells where the existing mountain biking is concentrated. The proposal would reduce pressure on the more sensitive areas of the glen and address health and safety concerns with the informal mountain bike trails crossing formal footpaths.

,\

The site has been specifically chosen by SWT as it has very little conservation value and the trees planted by CDC have not been managed since they were planted in the 60’s/70’s. Felling this plantation would meet SWT’s targets for restoration of plantations on ancient woodland sites and meets with the Forestry Commission Scotland (FCS) best practice and NLC’s Biodiversity Action Plan.

NLC Community Services are satisfied with the response from SWT as their concerns have been addressed.

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3.2 My Traffic and Transportation Section recommend refusal of this application on the grounds that there is inadequate parking around the site. Broom Road is not an established through road and therefore cannot be used for parking. Those using the trail will be forced to park in Ward Park Industrial Estate and in Abronhill causing increased traffic congestion.

Comment: In the supporting statement submitted by SWT, they assume that the majority of mountain bikers using the trail will live locally and will cycle to Cumbernauld Glen and those wishing to take their cars will be encouraged through promotional literature to park at Cumbernauld House or Theatre.

It is the opinion of the Planning Authority that due to the relatively small scale of the trail, it will attract mountain bikers from the immediate vicinity and the Cumbernauld area, and as a result those using the trail would most likely cycle to it. Those wishing to travel to the site by vehicle have the option to park at the nearby industrial estate. The trail would mainly be used in summer nights, weekends and holidays where activity at the industrial estate would be minimal and therefore parking would be adequate.

3.3 There have been 2 letters of representation supporting this application. The main points raised and my comments thereon are as follows:-

0 “I have been using the glen since 1979, it attracts mountain bikers and walkers from Cumbernauld and the surrounding areas, a trail such as the proposed would provide a healthy activity for youngsters in the area. Currently the trail cuts across tarmac paths causing safety concerns for walkers, a purpose built trail would encourage mountain bikers to use the designated trails.”

Comment: Although this is not a material planning consideration, it is in the Planning Authorities interests to utilise open space that is considered suitable for outdoor recreation.

0 The glen is a valuable green space utilised by many local people for a multitude of different activities. This can cause conflict between user groups. The plan to use a specific area of the Glen as a designated mountain bike trail is warmly welcomed by the Friends of Cumbernauld Glen Group.

Comment: The introduction of this facility is likely to resolve some of the difficulties which can arise when different users groups are utilising the same area of open space.

4. Planning Assessment and Conclusions

4.1 Planning Applications must be determined in accordance with the development plan unless material considerations indicate otherwise.

4.2 NLC Community Services initial concerns have been addressed and now have no objections to the proposal. I therefore consider that the proposal complies with policy EN18 of the Cum bernauld Local Plan 1993.

4.3 The development complies with policy EN26 as an area of open space would be utilised for outdoor recreation.

4.4 NLC’s Traffic and Transportation Section have recommended refusal of the application on the grounds of inadequate parking around the site. It is considered by the Planning Authority however that the trail would be used mainly by locals cycling to the site. Furthermore it is

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considered the trail will be utilised mainly at the weekends and on holidays where the nearby industrial estate would be quiet and therefore parking would be available for potential cyclists travelling to the site by vehicle.

There have been 2 letters of representation supporting this application. 4.5

4.6 Having considered all relevant issues in this case, it is recommended that planning permission be granted.

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Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

C/05/00858/OUT

24th May 2005

Mr A. MacDonald 205 Lochend Road Gartcosh G69 8BE

Erection of Retail Unit

Land North Of 3 Carrick Place Glenboig Coatbridge Lanarkshire

33 North Central And Glenboig Councillor Mary Clark

2721 50 668574

C/PL/GBC256/LM/EL

C/05/00859/OUT Erection of 1 % Storey Dwellinghouse Refused 14 September 2005

C/04/01144/OUT Erection of Class 1 Shop (In Outline) Withdrawn 24 March 2005 The site is zoned as ECON 8 (General Urban Area) in the Monklands District Local Plan 1991.

No

1 Letter of Representation

Not Required

Recommendation:

1.

Grant Subject to the Following Conditions:-

That the development hereby permitted shall be started, either within 5 years of the date of this permission, or within 2 years of the date on which the last of the reserved matters are approved, whichever is the later.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

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Planning Application No. C/05/00858/OUT

Erection of Retail Unit

Land North of 3 Carrick Place, Glenboig, Coatbridge * Representation

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2. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) details for management and maintenance of the areas identified in (d) above; (f) the design and location of all boundary walls and fences; (9) the provision for loading and unloading of all goods vehicles; (h) the phasing of the development; (i) the provision of drainage works; (j) the disposal of sewage; (k) details of existing trees, shrubs and hedgerows to be retained; (I) details of existing and proposed site levels.

Reason: To enable the Planning Authority to consider these aspects in detail.

That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 2 above, shall be made to the Planning Authority.

3.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997

4. That the reserved matters application referred to in condition (2) above shall include full details of the location and design of a 2 car lay-by to be located on Main Street. This shall be based upon the lay-by shown on approved drawing no. 274(2)001 but shall be relocated 2.0 meters to the east, or any reasonable distance deemed appropriate by the Local Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail and in particular to ensure the provision of a safe and proper junction at Main Street and Carrick Place in the interests of road safety.

5. That the retail unit hereby permitted shall be single storey and it shall have traditional double- pitched roof.

Reason: To enable the Planning Authority to consider these aspects in detail.

Background Papers:

Application form and plans received 24th May 2005

Memo from Transportation Manager received 3 July 2006

Letter from S Black, Omar, 45A Main Street, Glenboig received 14th June 2005.

Any person wishing to inspect these documents should contact Ms Leigh Menzies at 01236 812372.

Date: 20th July 2006

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APPLICATION NO. C/05/00858/OUT

REPORT

Description of Site and Proposal

Planning permission is sought is for the erection of a retail unit. The site is located on the corner of Main Street and Carrick Place, Glenboig and is currently overgrown containing some trees, with the north boundary consisting of a 1.8 metre high stone wall. The surrounding properties to the north, west and east are commercial and to the south residential.

The proposal, in outline, seeks to erect a retail unit on the application site. As the application is in outline no details have been submitted in terms of design, site layout etc as these matters would be considered at the reserved matters stage, should this application be successful. Notwithstanding the above, indicative details have been submitted indicating the location of a 2 car lay-by on Main Street.

This application was received in conjunction with another, also in outline, for a 1% storey dwellinghouse (Ref: C/05/00859/0UT), which was refused on the basis that the open space requirements for this type of development could not be achieved.

Develo pm en t Plan

The site is designated as ECON 8 (General Urban Area) in the Monklands District Local Plan 1991. This policy accepts the principle of a mixture of uses. As the application raises no strategic issues, it can be assessed in terms of the local plan policy.

Consultations and Representations

The Transportation Manager recommended refusal as a minimum of 51-10. car parking spaces are required for a shop of this size and no scope exists for their provision within the site. The proposed lay-by will be located within the existing visibility splay for the junction of Carrick Place and Main Street (4.5m x 60m). As the proposed lay-by arrangement would severely reduce the visibility splay (4.5m x 8m), it is recommended that the application be refused on road safety grounds. Should planning permission be granted, the Transportation Manger asked that conditions be included to mitigate the effect of increased parking demand.

Following the standard neighbour notification procedure one letter of representation was received from 45A Main Street which is currently the only off-sales in the village, the main points of which are as follows:

a) Request to be notified on receipt of more detailed plans b) Possible use of the retail unit as an off-licence resulting in under age drinking and the

village is already well served for provision of alcohol with two pubs and one off-licence c) Creation of anti social behaviour, ability of new shop owners to control such situations and

possible effect of this on objectors adjacent business d) Lack of parking generally for existing premises, hampered by proximity of bus stop

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4.

4.1

4.2

4.3

4.4

4.5

Planninn Assessment and Conclusions

The proposal requires to be determined under the terms of the development plan and any other material considerations. The adopted Monklands District Local Plan 1991 identifies the site as ECON 8 (General Urban Area) which accepts the principle of mixed uses.

The application site is located within the small commercial area of the village of Glenboig and is a gap site that historically contained a commercial property. It is considered that the erection of an additional retail unit in this location would benefit the streetscape of this focal area of the village by providing a use for a gap site, and in addition, would provide an additional service to the local community which is growing in size due to the level of housing building within the village.

In terms of the Transportation Section’s concerns regarding the reduced visibility existing from the junction of Carrick Place and Main Street, the location of the proposed lay-by currently has no parking restrictions. The proposed development would provide structured parking and would remove the opportunity to park on Main Street, and therefore the need for drivers to negotiate parked vehicles while approaching the roundabout located at this junction. In addition the level of traffic exiting and entering Carrick Place is limited as it serves only a few residential properties. With regard to Transportation’s concerns about the level of parking, this site is located in the core commercial area within the village and the applicant has shown that a lay-by can be provided to accommodate 2 parking spaces within the public road that meets their specification. It is considered that an additional unit in this commercial area of the village will not have a significant impact in traffic terms. The detailed requirements for the layout and design of the parking bay can be addressed through suitable conditions.

In relation to the grounds of objections, these are addressed as follows:

In terms of notification of more details, the objector, as an adjacent land owner, would require to be notified of the reserved matters application which will contain full details of the final proposal. Regarding the possible use of the retail unit for sale of alcohol, the application indicates that the proposed unit is for a retail use, which is contained within Use Class 1 and not specifically for off-licence sales. Any proposal to use the unit for the sale of alcohol would be subject to an application for a license under the relevant legislation. In respect of the current provision for the sale of alcohol within the village of Glenboig the question of the requirement for an additional outlet is a commercial decision and not a material planning consideration. In terms of the possible creation of antisocial behaviour, incidents such as are a matter for the police. With respect to the current parking issues, this has been considered at 4. 3 above and conditions are being imposed to ensure that some control will be put in place to ensure limited but safe parking provision.

In conclusion, it is considered that the objections raised do not merit the refusal of this application. The retail unit is considered to be in keeping with the uses of the surrounding area and is an acceptable use for this site. It is therefore recommend that planning permission be granted subject to the appropriate conditions.

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Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

CI0610033210UT

1 1 th April 2006

Mr Peter Brammer Fairfield London Road Rickmansworth WD3 IUS

GCA Architects Limited 87 Calder Street Coatbridge ML5 4EY

Demolition of Existing Buildings and Erection of Shops, Flats and Associated Parking Facilities

2 - 10 Louden Street Town Centre Ai rd rie North Lanarkshire

47 North Cairnhill And Coatdyke Councillor Peter Sullivan

276123665390

CIPLIAIL8550021CMIEL

Development Plan: Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by the following policies: COM 4 Secondary Retail Core Area; ECON 9 Secondary Core Area; ENVI 5 Conservation Area; ENV16 Conservation Area Improvements.

Contrary to Development Plan: No

Consultations: Town Centre Initiatives Scottish Water British Gas Scottish Power

Representations: 3 letters of representation

( No Response) ( Comments) (No Objection) ( No Response)

Newspaper Advertisement: Advertised on 19th April 2006

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Planning Application No. C/06/00332/OUT Demolition of Existing Buildings and Erection of 3 Shops, 12 Flats and Associated Parking Facilities

2-1 0 Louden Street, Airdrie * Representations Representations made from Councillor Peter Sullivan Site Area 0.07 HA

Th,5 nap 8 % rsprldul jd hon Ordlance suvsy rnalenal wilh!he pemismr OlOmnanse SUNBY on behWot'hs t on l ra , ,e ro lHs iMe ies t~~ stahonew Oftics ocrnwn c0Py"o"f U"BYfhO"Sad

hodh Lanah~hireCauncll 100023386 2004 repmdmon i e a d : ~ p r o ~ e c y l ~ o n 8 " h " p S O T C N I I Crow? w c e m w mpy,gni en0 may

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Recommendation: Grant Subject to the Following Conditions:-

That the development hereby permitted shall be started, either within 5 years of the date of this permission, or within 2 years of the date of which the last of the reserved matters are approved, whichever is the later.

1.

2.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997

That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of private amenity space (e) the design and location of all boundary walls and fences; (f) the provision of SUDS drainage scheme; (9) details of existing and proposed site levels.

Reason: To enable the Planning Authority to consider these aspects in detail.

3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 2 above, shall be made to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

Notwithstanding the terms of condition 2, no part of the development hereby permitted in outline shall exceed the height of the property at 1-21 Stirling Street, Airdrie.

4.

Reason: In the interests of visual amenity

5. That notwithstanding the terms of condition 2, the design and siting of the building hereby permitted on the site shall take cognisance of its location within Airdrie Town Centre Conservation Area, with particular regard being paid to scale, massing, roof pitch, fenestration and materials; and shall be in accordance with the Council's Design Guidance on Conservation.

Reason: In the interests of visual amenity of the surrounding Conservation Area.

6. That before any works start on site, Conservation Area Consent shall be sought for the demolition of the existing buildings.

Reason: To accord with the provisions of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

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Background Papers :

Application form and plans received 2nd March 2006

Memo from Transportation Section received 10th July 2006 Memo from Protective Services Section received 3rd May 2006 Letter from Scottish Water received 21 st April 2006 Letter from British Gas received 24th April 2006

Letter from Bird Semple,Private Client Solicitors, 21 Blythswood Square, Glasgow, G2 4BL, received 15th March 2006. Letter from H. Lafferty,The M'eating Place, 3 Louden Street, Airdrie, ML6 6BL received 11 th May 2006. Letter from Councillor Peter Sullivan,PO Box 14, Civic Centre, Motherwell received 30th May 2006.

Any person wishing to inspect these documents should contact Mr Colin Marshall at 01236 812376.

Date: 25'h July 2006

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APPLICATION NO. C/06/00332/OUT

REPORT

1.

1 .I

1.2

1.3

1.4

1.5

1.6

2.

2.1

Description of Site and Proposal

Planning permission is being sought in outline for the demolition of existing buildings and erection of shops, flats and associated parking facilities at 2-10 Louden Street, Airdrie.

The site includes an existing 2-storey building that supports existing shop units on its ground floor with associated storage facilities to the upper floors. The building is bounded to the north by Louden Street, to the east by a commercial property and public house and to the south and west by the Aldi superstore, public car park and service area. The building is currently serviced and accessed from the car park but has a frontage onto Louden Street. There is no vehicular access from Broomknoll Street.

Although the building is located within a conservation area, it has no particular architectural merit worthy of preservation.

Indicative plans suggest that the site would be redeveloped to provide the following levels of retail floorspace and accommodation.

Ground Floor: 3 shop units (95 m2, 56 m2 and 35 m2 of retail floor space) with 15 car parking spaces (1 0 covered spaces within the proposed building) First Floor: 4 flats ( 2 two bedroom and 2 single bedroom and raised shared amenity space (approximately 1 28m2) Second Floor 4 flats (2 two bedroom and 2 single bedroom) Third Floor 4 flats (2 two bedroom and 2 single bedroom)

There were no indicative elevation drawings provided although the developer is aware the site is located within a conservation area and the proposed building design would need to meet the terms of the Council’s Design Guidance on Conservation.

The existing building is currently accessed via the public car park and this arrangement would be retained for the proposed commercial and residential units.

Development Plan

Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by the following policies:

COM 4 (Secondary Retail Core Area). Shopping and related uses in classes 1, 2 and 3 are supported. ECON 9 (Secondary Core Area). The principle of mixed uses is acceptable subject to environmental and amenity issues ENV15 (Conservation Area). The building design would need to accord with the guidance on Conservation ENVl6 Conservation Area Improvements. The Council would encourage the re-use of derelict buildings in conservation area and oppose the demolition of any potentially useful buildings, which contribute to the character of the conservation area

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3.

3.1

3.2

3.3

3.4

3.5

4.

4.1

4.2

4.3

Consultations and Representations

The Transportation Section recommended that the application be refused planning permission as the proposed access would be from Manse Place via a public car park, which is unsuitable to service a residential development. In addition there is no scope to provide suitable pedestrian access to the flats through the car park. However, should the Committee be minded to grant planning permission it was suggested that the parking provision should be set at 1.6 spaces per flatted dwellinghouse. No car parking provision would be required for the proposed commercial uses due to the town centre location.

There was no objection from Protective Services provided the developer undertakes a site investigation survey to examine all aspects of contamination at the site.

Scottish Water formally objected to the proposals, but advised that this would be withdrawn provided any grant of permission is conditional that an appropriate drainage system is agreed with Scottish Water.

Scottish Gas had no objection. There was no response from Scottish Power.

There were 3 letters of representation including a letter from Cllr Sullivan. The terms of objection can be fairly summarised as follows:

0 The site is zoned as a commercial use and as such the proposed residential use would be inappropriate.

0 The proposed residential uses are inappropriate as there is a public house located close to the site, which may cause noise and disturbance issues between the residents and surrounding businesses. There are insufficient parking provisions for a combined residential and commercial development. There is concern over the impact the development may have on adjacent businesses whilst the proposed development is under construction. This would create noise and dust and discourage customers visiting other shops in Louden Street to the detriment of business.

0 Cllr Sullivan had no objection to the proposals in principle but considered the implementation of the works would cause disruption to adjacent businesses.

0

0

Planninn Assessment and Conclusions

The proposals require to be assessed under the terms of the development plan and any other material considerations. There are no strategic planning issues and the terms of the above noted policies and the respective design guidance would be relevant.

The proposals accord in principle with the terms of the above policies. The mixed commercial uses to the ground floor with residential uses to the upper floors are consistent with the terms of policies COM 4 and ECON 9. As the proposals are indicative, an assessment of the building design and form would be undertaken at the reserved matters stage, should planning permission be granted in outline. Whilst policy ENV16 may prohibit the demolition of a building that offers some character to the conservation area, this particular building has no architectural features worthy of preservation. Therefore the terms of ENV16 would not be compromised through the demolition of the building.

Whilst the Transportation Section raised concerns over the pedestrian access provisions, it can be noted that the current building is accessed from the public car park and there are alternative pedestrian facilities providing access the town centre. The indicative proposals suggest that up to 15 car parking spaces could be provided to serve the development. There was no significant objection from the other consultees.

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4.4 Turning to the terms of objection the following comments can be made on each point.

0

0

The site is zoned for mixed uses, therefore in principle the proposals are acceptable There is a public house located some 12 metres to the east of the development site, which faces onto Broomknoll Street. There is no public access available to the rear of the public house and it is not envisaged that the proposals would be unduly affected by noise from the public house. There was no objection from Protective Services in this regard. The indicative proposals show that 15 car-parking spaces could be provided at the site. This would allow a residential development of at least 9 flats based on the Transportation Section standard requirement of 1.65 spaces per flat. The density of the development would be determined at the Reserved Matters stage should planning permission in outline be granted. There is no requirement for the developer to provide car-parking provisions for the proposed commercial development. The concerns expressed by adjacent shop owners and Cllr Sullivan can be noted and it is acknowledged that the proposed redevelopment of this site may be disruptive. However this would be a temporary imposition and the developer would need to meet health and safety regulations during the demolition and construction phase.

0

0

The terms of objection cannot be sustained in this instance.

4.5 Following consideration of the above, the proposals are considered to be acceptable under the terms of the above noted policies and there are no material considerations that would merit a variance to the development plan. The proposed development accords in principle with the general aims of the policies. It has been demonstrated that an adequate number of car-parking spaces and private amenity space could be provided at the site. There would be no harm to the amenity of the area provided the final design of the building accords with the relevant design guidance, which would be considered at the reserved matters stage. As such it is recommended that planning permission be granted in outline subject to the above noted reserved matters.

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C/06/0061 O/AMD Application No:

Date Registered:

Applicant:

Agent

Development:

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

10th April 2006

WRG Waste Services Limited White Rose Way Doncaster DN4 5NU

Car1 Bro Group 2nd Floor Spectrum House 2 Powderhall Road Edinburgh EH7 4GB

Alteration to Phasing of Existing Landfill Site (Phases 7D, 8A, 8B, 8C, 8D) (Amendment to Planning Permission C/O2/00194/AMD)

Greengairs Landfill Site Meikle Drumgray Road Greengairs North Lanarkshire

45 New Monklands West Councillor Sophia Coyle

278850669842

C/PL/G W M400/PB/EL

See para 1 .I below

Glasgow and Clyde Valley Structure Plan 2000 Monklands District Plan 1991

No

Scottish Natural Heritage (Received 8.05.06) Scottish Environment Protection Agency - (Received 1.06.06)

None

Advertised on 26th April 2006

Recommendation:

1.

Grant Subject to the Following Conditions:-

That this consent only forms an amendment to the sequence of operations for part of the area covered by Planning Permission C/02/00194/AMD

Reason: To define the scope of the development hereby permitted, for the avoidance of doubt, and to ensure that the obligations of Planning Permission C/02/00194/AMD and its associated undertakings are strictly adhered to.

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Planning Application No. C/06/0061O/AMD

Prod":ec by

Planning Flmwo H o ~ r e and Eni,mnme,t 2 Twrl Rosa DBIB,rn*",

Alterations to Phasing of Existing Landfill Site (Phases 7D, 8A, 8B, 8C, 8D)

NOW LlnEnihncCCurO,,

CUmbBrndu'd G6' ,NI /SI 0,221618210 'U 012?661623i

A -hinsp,i,eproduEBd.mmOrdnanceSurrel Greengairs Landfill Site, Meikle Drumgray Road, Greengairs, Airdrie

This Plan is Indicative Only (Boundaries may not be Absolutely Accurate)

metenll W h h e p e l p ~ i i i x oI0iensnce S u v i y a" benelf dtne C a n f , ~ l , e r c f ~ i e r M e e r ~ i stamery 0m:s oCmnnc,pynQM U"3Ll'lOTIBd l eP lCd~d8on 8nhnOer Cionnulpwyh:mi may isaa la ~ m e w : m O ~ C W I ~ p m e a nor NO", L3Wh<" re Cwns, ' 100C28j98 2004

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2. That the phasing operations shall be carried out in accordance with the Written Statement (dated April 2006) and the Phasing Plan (drawing no. 76.01 78lPN01 Revision A).

Reason: In order that the landfilling operations are carried out in a controlled, phased and acceptable manner

3. That, notwithstanding the details submitted as part of this application, within 3 months of the date of this permission, or such other date as may be agreed with the Planning Authority, the applicant shall submit and obtain written approval of the Planning Authority of full details of the progressive restoration of the site and the details shall include the following :-

a) full restoration proposals in the form of a method statement covering all works, and in particular how these comply with the licensing regimes administered by SEPA.

b) a detailed site layout plan including all existing site features to be retained and all proposed planting works (including species types and nos.)

c) an indicative timetablelschedule of all works.

d) proposed site contours

e) aftercare details of the restored areas including timescale

f) public accesslfootpath networks

Reason: In order that the restoration of the site is undertaken to a high standard that satisfies and secures landscape, amenity and conservation interests

4. That all restoration shall be implemented in full and in accordance with the details approved under condition 4 above, including programming.

Reason: In order that the restoration of the site is done to a high standard that satisfies and secures landscape, amenity and conservation interests.

5. That, for the avoidance of doubt, the development hereby granted permission shall be discontinued and all buildings and machinery removed not later than 6th July 2008

Reason: For the avoidance of doubt and to confirm that this development is time-limited and only amends the order of phasing for part of the scheme originally permitted under Planning Permission M86458, dated 6th. July 1988.

6. That suitable wheel cleaning facilities shall be in place and operational at all times

Reason: In the interests of amenity and road safety

That landfilling operations shall only take place form Monday to Friday, 0800hrs until 2000hrs, and Saturday 0800hrs until 1300hrs, or such other hours as may be agreed in writing by the Local Planning Authority.

7.

Reason: To reflect the originally permitted development and to ensure there are no adverse noise impacts.

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8. That within 3 months of the date of this permission, a report compiled by an independent, mutually acceptable and competent consultant shall be submitted to the Planning Authority showing the progress that has been made with the development and the progress in complying with all the conditions. Thereafter, at intervals to be agreed in writing with the Planning Authority, conditions compliance reports, prepared by an independent, mutually acceptable and competent consultant, shall be submitted to the Planning Authority for approval.

Reason: To enable the Council as Planning Authority to monitor and assess the progress of site operations

Background Papers:

Application form and plans received 4th April 2006 Letter from Scottish Natural Heritage received 8th May 2006 Letter from Scottish Environment Protection Agency received 1 st June 2006

Any person wishing to inspect these documents should contact Mr Peter Barker at 01 236 81 2381.

Date: 24'h July 2006

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AP PLI CAT1 ON NO. C/06/0061 O/AM D

REPORT

(To be read in conjuction with Subject Report Item C/02/00194AMD)

I.

1 .I

1.2

1.3

1.4

2.

2.1

Description of Site and Proposal

A brief explanation of the relevant planning permissions/resolutions/applications is felt necessary, namely:

0 Planning Permission M86458 dated 6th. July 1988 is the original consent for Greengairs Landfill Site. It contains an approved sequence of working, restoration obligations, time limit and performance/restoration bond.

0 Application C/02/00194/AMD has been resolved to be approved by Committee and fundamentally it omits the Eastern Loch area from the 1988 (above) consented area. It also updates restoration obligations and the restoration bond amount to present day values and to an updated Section 75 Agreement. After long negotiations the permission is on the verge of being issued.

This application (C/02/00610) amends only the order of phasing of part of the area that will be permitted by C/02/00194 above. There is no other change proposed.

The current application site therefore forms the central swathe of the Greengairs Landfill site, in effect being the next area to be developed in the approved sequences of operations, as works incrementally progress in a southwards direction. Should this amendment be considered acceptable at this juncture the permission would expire at the same time as the original and subsequent amending permissions on 6th July 2008.

The proposal, therefore, is to further amend the next immediate sequence of tipping operations in a more logical order and arguably more environmentally sensitive manner.

However, given the relatively short timescale left before the relevant permissions expire, the West Loch area will never be reached given current and anticipated rates of landfilling. This proposal does have the advantage of allowing an opportunity for the future of the West Loch area to be re-assessed as part of any long term future scheme for the site, ie. post July 2008, which the operators will shortly be discussing with Officers to progress.

Development Plan

From the Monklands District Plan 1991 policies L11/5, WDRI, GB2, CU1/3, CUI15 and LR7/5 would apply. In summary, these policies recognise the existing landscape devastated by the legacy of former mineral workings, and how landfilling can be a vehicle to assist the restoration process. Existing planning permissions, and scheme C102100194 resolved to be approved (see separate subject report agenda item), have already established the principle of reclamation by landfilling. The current proposal is an amendment to that process and as such is therefore not of strategic importance.

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3. Consultations and Representations

3.1 None of the consultees raised any objection to the proposals.

4. Planninn Assessment and Conclusions

4.1 The Greengairs site has been the subject of a complex and drawn-out relatively recent planning history. In summary, the original 1988 planning permission is due to expire in two years time, but in the meantime the operator feels there is an immediate need to amend phasing to a sequence that is both operationally and environmentally more appropriate given current standards and expectations. It is important to stress that the current proposal, if allowed, would expire at the same time as the original 1988 planning permission and the 2002 amendment just about to be issued, that is 6th. July 2008.

4.2 The ambit of this proposal is only to further amend the next immediate sequence of operations into a more logical order, and arguably more environmentally sensitive manner. Landfilling is currently taking place at the eastern end of the central band of the site in Phase 4C, and the currently approved order of workings would require a jump to the central west portion (Phase 7D) - the majority of which is occupied by the West Loch, and an area used for water treatment. The West Loch also has acquired a visual and ecological attractiveness. In summary, progression from Phase 7C into 8D (to the immediate south of 7C) would form a more natural development of the site, at a point visually remote and contained. The aim would then be to continue westwards from 8D towards West Loch.

4.3 This application is only an amendment to part of the phasing sequence approved under scheme C/02/00194. The planning conditions, Section 75 Agreement and Restoration Bond attached to C/02/00194 are already agreed and are satisfactory. As mentioned above, following a period of successful negotiations the aforementioned consent will be issued imminently. It is therefore recommended that the current application be issued not in advance of the documents pertinent to C/02/00194 being concluded and despatched.

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Application No:

Date Registered:

Applicant :

Development :

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

C/06/00797/F U L

9th May 2006

Mr J Lawson South Lanridge Farm Linrigg Road Newhouse North Lanarkshire

Erection of Dwelling and Formation of Vehicular Access

South Lanridge Farm Linrigg Road Newhouse North Lanarkshire

52 Salsburgh Councillor David Fagan

280520 661 148

C/PL/SAL4800508000/1 J/EL

P81494 Erection of Dwellinghouse Granted 27'h January 1982

The site is covered by Policies GB2 (Restrict Development in the Countryside around Towns) and LI1/3(Medium Quality Landscape) in the Monklands District Local Plan 1991 and Strategic Policy 1 in the Glasgow and Clyde Valley Joint Structure Plan 2000.

Contrary to Development Plan: No

Consultations: Scottish Water (No objections)

Representations: None received

Newspaper Advertisement: Not Required

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

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2. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To enable the Planning Authority to consider these aspects in detail.

3. That, notwithstanding the submitted plans, the external materials shall be render and slatelslate alternative tiles, details of which shall be submitted to, and approved in writing by the Planning Authority before any works start on site.

Reason: To enable the Planning Authority to consider these aspects in detail.

4. That before the development starts, details of the amended positioning of the site access road, to be located adjacent to the northern boundary of the application site, shall be submitted to, and approved in writing by the Planning Authority.

Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.

5. That before the dwellinghouse hereby permitted is occupied a turning facility shall be provided within the curtilage of the site to allow vehicles to enter and leave the site in forward gear.

Reason: To ensure the provision of adequate parking facilities within the site.

6. That before the dwellinghouse hereby permitted is occupied, minimum visibility splays of 2.5 metres by 35 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is occupied everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of public safety.

7. That the occupation of the dwellinghouse hereby permitted shall be linked to a person employed full time in agriculture, as defined in Section 277 of the Town and Country Planning (Scotland) Act 1997, or forestry, or a dependant of such a person, residing with him, or her, or the widow or widower, of such a person.

Reason: To accord with the approved Green Belt policy.

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NOTE(S) TO COMMITTEE:

If granted, the planning permission will not be issued until an Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the applicant in respect of a restriction of the occupation of the dwellinghouse to persons employed in the farming unit of South Lanridge Farm, Newhouse.

Background Papers :

Application form and plans received 9th May 2006 Monklands District Local Plan 1991

Memo from Transportation received loth July 2006 Letter from Scottish Water received 26'h May 2006 SAC Labour Requirement Report dated July 2006

Any person wishing to inspect these documents should contact Mr lan Johnston at 01236 812382.

Date: 24'h July 2006

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APPLICATION NO. C1061007971FUL

REPORT

1.

1 .I

1.2

2.

2.1

3.

3.1

3.2

3.3

4.

4.1

Description of Site and Proposal

The application site measures 1.56 hectares and currently comprises of a small section of open field that accesses directly onto Linrigg Road on the site’s western boundary. The surrounding lands are all open fields with South Lanridge Farm located south west of the application site. The nearest built up settlement, Salsburgh, is located about a mile to the north east of the site.

The proposal is for the erection of a one and a half storey detached dwellinghouse that will be externally finished in slates/roof tiles and render and wood effect upvc windows and doors. Four dormer windows will be incorporated within the roof area to provide the following internal accommodation. Ground Floor: Dining Room, Lounge, DininglKitchen Area, 3 Bedrooms (with en-suites), Utility Room and Stores. First Floor: 3 Bedrooms (with en-suites) and stairway.

Externally the application site will accommodate a large hard surfaced driveway from the site access on Linrigg Road and an elongated grassed area along the site’s southern boundary. No details have been submitted on boundary treatment. A septic Tank will serve the development. To accommodate the available visibility splays along Linrigg Road either side of the site access a section of existing hedgerow will require to be removedlreduced.

Development Plan

The site is covered by Policies GB2 (Restrict Development in the Countryside around Towns) and LI1/3(Medium Quality Landscape) in the Monklands District Local Plan 1991. There are no strategic implications.

Consultations and Representations

Following the standard neighbour notification procedures no objections were received against this proposal.

None of the statutory consultees advised against this proposal.

The Transportation Section offered the standard objection to this type of proposal in terms of access being taken from a substandard road (Linrigg Road) with inadequate visibility splays in both directions at the proposed access to the application site.

Planning Assessment and Conclusions

Applications of this nature require to be assessed in terms of their appropriateness and compliance with both National Guidelines and Development Plan Policy in the rural area. In with SPP 15 there is a recognition that agriculture and forestry will continue to be important defining elements of rural life.

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4.2 The adopted Monklands District Local Plan 1991, under Policy GB2, seeks to restrict isolated development in the Countryside Around Towns unless there is a specific need. Proposals for development within the area shall require to be justified against the following criteria: (a) economic benefit (b) special locational need (c) infrastructure implications (d) environmental impact

The already established farm unit primarily benefits the area in economic terms and there are minimal infrastructure implications other than the creation of site access provision and on-site service provision including sewage treatment and dispersal. In terms of locational need the farm (South Lanridge) has been in existence at this rural location for many years and a report from the Scottish Agricultural Collage has confirmed that “the labour requirement for South Lanridge Farm is 4.10 labour units” and “the size of the unit and stock carried therefore justify at least three full time workers”. The site is within an area of medium quality landscape and while the proposal will not seek to introduce any significant landscape improvements the land itself is not considered to be prime agricultural land.

4.3 South Lanridge Farm is a Dairy farm that has been well established on site for many years and has a herd of 145 dairy cows, 45 dry cows, 110 in-calf and bulling heffers. All the forage feed requirements for the farm is met through grass grown on the farm in the form of grazed grass and silage. The farm currently contains the main farmhouse, occupied by the farmowner, and a second dwellinghouse, occupied by a farmworker. The proposed dwellinghouse will allow permanent on site availability of an existing farmworker. To ensure that the dwellinghouse is tied to the farming operations the applicant is agreeable to a Section 75 Agreement restricting the occupation of the dwellinghouse to a person employed on the Farm.

4.4 The proposed new dwelling, if approved will also provide the base for a diversification project in the form of providing farmhouse bed and breakfast to secure the financial viability of the farming business in the longer term. Taken that only 2 of the proposed 6 bedrooms will be set aside to serve this supportive operation then in terms of the Town & Country Planning (Use Classes)(Scotland) 1997 planning permission would not be required for the part use of the new dwellinghouse as a bed and breakfast.

4.5 In terms of design the proposed new build is of an acceptable standard for this rural location and the external material, as amended through discussions with this department are also deemed acceptable. No objections have been received against the proposal and while the Transportation Section has recommended against the proposal on the grounds of the substandard road and poor visibility splays at the site entrance, the applicant is agreeable to a slight repositioning of the access point to achieve improved visibility splays.

4.6 Having regard to the above I consider the proposal to be acceptable in both policy and design terms. I therefore recommend that planning permission be granted subject to conditions and to the applicant entering into a Section 75 Agreement to restrict the occupation of the dwellinghouse to a full time worker on the land comprising the South Lanridge Farm unit.

Page 59: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

Application No:

Date Registered:

Applicant:

Agent

Development:

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

C/06/00809/FUL

15th May 2006

Mr C McCracken 156 Main Street Plains

+ ML67SQ

BDA Design 38 Wellpark Crescent Stir1 i ng FK7 9HF

Erection of Dwellinghouse

Land To The Rear Of 199 Main Street Plains Ai rd rie North Lanarkshire ML6 7JQ

46 Plains And Caldercruix Councillor Thomas Morgan

279739666883

C/PL/PLM030/199/GD/EL

The development plan is the Glasgow and Clyde Valley Joint Structure Plan 2000 (as altered), and the Monklands District Local Plan 1991.

From the Adopted Monklands District Local Plan 1991 Policy ECON 8 (Policy for General Urban Areas) would apply.

Yes

Not Required

Recommendation: Refuse for the reason that :-

The proposed dwellinghouse would be contrary to Policy HG9(1) of the Monklands District Local Plan 1991 as it does not accord with the approved design guidance on 'Infill Housing' in that the proposal represents unacceptable backland development and if approved would create a precedent for development of a similar nature along Main Street.

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Land to Rear of 199 Main Street Plains NottoScale '

Page 61: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

Background Papers:

Application form and plans received 15th May 2006

Amended plans received 04'h July 2006

Memo from Transportation received 27'h June 2006

Any person wishing to inspect these documents should contact Mr Grant Douglas at 01236 81 2231,

Date: 20th July 2006

Page 62: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

APPLICATION NO. C/06/00809/FUL

REPORT

1.

1 .I

1.2

2.

2.1

3.

3.1

3.2

4.

4.1

4.2

Description of Site and Proposal

This application seeks permission for the erection of a dwellinghouse on land to the rear of 199 Main Street, Plains. The application site, located to the North of Main Street measures approximately 24 metres in width and 23 metres in length covering an area of 552 sq. metres. The site which lies to the rear of a takeaway food shop is currently used for the storage of building equipment and is surrounded by a number of mixed land uses including residential and commercial property. The application site is bound to the East by Plains Evangelical Church Hall, to the North by the Rear garden ground of flatted dwellings on Jarvie Avenue and to the West by an area of open space currently owned by North Lanarkshire Council.

The application site would be accessed via an existing dropped kerb and driveway measuring 6 metres in width. The dwellinghouse itself is proposed to be a 1.5 storey property with a pitched roof design and a relatively contemporary appearance. Externally the structure would be finished in red concrete roof tiles and a champagne coloured dry dash render. Internally the dwellinghouse would accommodate four bedrooms, two sitting rooms, reception room and a dining kitchen.

Development Plan

The application site is located within an area designated as ECON 8 (Policy for General Urban Areas) in the adopted Monklands District Local Plan 1991, This policy maintains that a mixture of uses will be acceptable subject to there being no change or intensification of use that would lead to adverse environmental impacts. The proposal raises no strategic issues.

Consultations and Representations

Following the standard neighbour notification procedures no representations have been received in regard to the proposal.

Following consultation the Transportation section has stated that the general impact of the development would be acceptable and have made no objections subject to conditions.

Planning Assessment and Conclusions

Under the Town and Country Planning (Scotland) Act 1997 development proposals require to be considered under the terms of the development plan and any other material considerations. Policy ECON 8 of the adopted Monklands District Local Plan 1991 states that existing light industrial and commercial uses will be encouraged to remain, subject to there being no change or intensification of use.

Policy Econ 8 (General Urban Areas) while maintaining that a mixture of uses would be acceptable does state that where requirements are met consideration will be given to applications for office, light industry, business use and the erection of dwellinghouses with light industrial workshops. In this case the irregular position of the plot, behind an existing building, would prohibit much of this development and in terms of policy would be labelled "backland development".

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4.3 Material consideration in this instance has been given to approved design guidance on ‘Infill Housing’. This clearly states that the “backland” development of plots without a road frontage will not be acceptable. The proposed dwellinghouse observably occupies a plot directly to the rear of an existing building and in terms of the design guidance would have no clear road frontage. Indeed less than one third of the house frontage would be visible from the Main Street once the eastern side boundary was adjusted to the required minimum distance of 2 metres. The applicant has attempted to alter the layout to accommodate the required standards however, this has not significantly altered the proposal to a level at which it would be acceptable. The minimum 10 metre rear garden cannot be achieved albeit the shortfall is under one metre but it is indicative of the constrained nature of the site. The resulting house would also have poor amenity in terms of outlook as it would face the rear of an existing commercial property. Approval of this development is likely to lead to similar applications for development of this nature which have been previously refused by Committee.

4.4 In conclusion, it can be seen that the proposed development represents an unacceptable form of backland development and I therefore recommend that planning permission be refused for the reason stated.

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Application No:

Date Registered:

Applicant :

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

C/06/00896IF U L

23rd May 2006

Rock DCM Ltd 131 Craighall Road Glasgow G4 QTN

Rock DCM Ltd 131 Craighall Road Glasgow G4 9TN

Erection of 15 No. Flatted Dwellings, including Livework Unit (Ground Floor 36m2) and Class II Office Accommodation (Ground Floor 72m2)

Land East Of 293 Bank Street Coatbridge North Lanarkshire ML5 IEG

36 Bargeddie And Langloan Councillor Andrew Burns

2721 16 664555

CIPLICTBI 44ICMIEL

00/0071 IIFUL Siting Of Mobile Snack Van Refused 16.08.2000 011006701FUL Installation of Shop Frontage Granted 25.07.2001 06100895IADV Display of Two Internally Illuminated Projecting Box Signs Granted 19.06.2006

Development Plan: Under the terms of the Adopted Monklands District Local Plan 1991 the application site falls within an area covered by policy HG9 Housing Policy for Existing Residential Areas.

Contrary to Development Plan: No

Consultations: Scottish Water British Gas Scottish Power British Telecom

(Comments) ( No Objection) ( No Response) ( No Objection)

Representations:

Newspaper Advertisement: Not Required

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Page 66: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail.

That before any of the flatted dwellinghouses hereby permitted, are occupied, the fences, or walls, as approved under the terms of condition 2 above, shall be erected.

3.

Reason: To safeguard the residential amenity of the area.

That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority.

4.

Reason: To enable the Planning Authority to consider these aspects in detail.

5. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the maintenance of these works.

Reason: To enable the Planning Authority to consider these aspects in detail.

6. That within one year of the occupation of the last flatted dwellinghouse within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To safeguard the residential amenity of the area.

7. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 5 shall be in operation.

Reason: To safeguard the residential amenity of the area.

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8. That the livelwork unit shall be used as an ancillary Class 2 Financial or Professional Services office and for no other purposes (including any other purpose in Classes 1 or 2) of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997. For the avoidance of doubt the live/ work unit shall not be used as a betting office or retail (Class 1) use.

Reason: To enable the Planning Authority to retain effective control, in order to safeguard the residential amenity of the surrounding area.

9. That before any of the flats hereby permitted are occupied, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

Reason: To ensure the provision of adequate parking facilities within the site.

10. That before any of the flatted dwellinghouses hereby permitted are occupied, a dropped kerb vehicular access shall be constructed in the position shown on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of traffic and pedestrian safety.

11. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To enable the Planning Authority to consider these aspects in detail.

12. That prior to any works commencing on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the requirements of the Sustainable Urban Drainage Systems Design Manual for Scotland and Nothern Ireland published by ClRlA in March 2000

Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.

13. That before the flatted dwellinghouses hereby permitted are occupied, the following works shall be completed to the satisfaction of the Planning Authority.

a) That a pedestrian guardrail shall be erected along the frontage of the development on Kirkwood Street and continue 12m in length along Bank Street. This in turn will require the existing footway on Kirkwood Street to be widened to 2.5m along the affected length of footway.

b) That a 2m wide footway shall be provided between Kirkwood Street and the rear entrance to the flatted dwellinghouses hereby approved.

c) That the parking court aisle shall extend 1 m beyond the last parking bay.

Reason: In the interests of traffic and pedestrian safety

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14. That no part of the development hereby approved shall encroach the existing visibility splay of 4.5m x 60m to both sides of the road junction of Bank Street and Kirkwood Street to the satisfaction of the Planning Authority.

Reason: In the interests of traffic and pedestrian safety

Background Papers :

Application form and plans received 23rd May 2006

Letter from Scottish Water received 12th June 2006 Letter from British Gas received 8th June 2006 Letter from British Telecom received 13th June 2006 Letter from Tom McNicol Architect Liaison Officer Community Safety Dept, Strathclyde Police, Wishaw received on 5'h July 2006 Memo from the Transportation Section received on 21 July 2006

Any person wishing to inspect these documents should contact Mr Colin Marshall at 01236 812376.

Date: 24th July 2006

Page 69: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

APPLICATION NO. C1061008961FUL

REPORT

1.

1 .I

1.2

1.3

1.4

1.5

2.

2.1

3.

3.1

3.2

3.3

Description of Site and Proposal

Planning permission is being sought for the erection of 15 flats, including a live/work unit and class 2 office accommodation, associated parking facilities and landscaping at a gap site located on the corner of Bank Street and Kirkwood Street, Coatbridge.

The site is bounded to the north by Bank Street, to the east by Kirkwood Street to the south by houses in Burnside View and to the west by a restaurant and flats. The site is L shaped with a level surface and extends to some 0.12 ha in area. Surrounding properties include 3 storey flats to the east and 2 storey houses to the rear. A primary school and garage are located to the north on the opposite side of Bank Street.

The design of the building would include two 4-storey flatted blocks finished in facing brick linked by a centrally positioned stairwell providing pedestrian access from Kirkwood Street. The flatted blocks would have shallow mono-pitched roofs. One of the flats would consist of a live/work unit with office accommodation on ground floor and flat above. All of the flats, excepting a ground floor studio apartment (single bedroom) would be 2 bedroom apartments. The flats would have shared and individual gardenlamenity areas to the ground floor. Private balconies accessed from the central stairway would be allocated to the flats on the upper floors. The central access stairway would also include a bin and bicycle store. Pedestrian access would also be available from the car park to the rear of the building.

The proposals also include Class 2 office accommodation within the ground floor corner unit facing Bank Street.

A car parkhervice area would be provided to the south of the site with a new dropped kerb vehicular access from Kirkwood Street. This would offer 20 car parking spaces including visitor, residents, business and 2 spaces for drivers with disabilities. The site would also be subject to some landscaping proposals along its periphery and to the rear elevation.

Development Plan

Under the terms of the Adopted Monklands District Local Plan 1991 the application site falls within an area covered by policy HG9 Housing Policy for Existing Residential Areas.

Consultations and Representations

There were no objections from the Protective Services Section subject to conditions. There were no objections from British Gas or British Telecom. Scottish Power did not offer a response.

Scottish Water objected to the proposals unless the developer reaches an agreement over an appropriate drainage system.

The Architect Liaison Officer from Strathclyde Police Community Safety Department raised some initial concerns over the design of the proposed building and recommended that the developer adopt more security measures. Following direct discussions with the developer the Liaison Officer advised that security measures were adequate for this type of development.

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3.4

3.5

4.

4.1

4.2

4.3

4.4

4.5

The Transportation Section recommended that planning permission be refused. It was pointed out that under current guidance, a total of 25 car parking spaces (each measuring 2.5m x 5.0m) would be required for a development of this size. Only 18 car parking spaces (each measuring 2.4m x 4.8m) would be provided within the site boundary. This may lead to vehicles parking on the public roads due to unsatisfactory parking provisions. The Transportation Section suggested a pedestrian guardrail be provided along the frontage of the site and that the existing visibility splay at the Bank StreeVKirkwood Street road junction should not be compromised by the development. It was also requested that a link footpath be provided from Kirkwood Street to the pedestrian access off the car park.

There were no representations.

Planning Assessment and Conclusions

The proposals require to be assessed under the terms of the Development Plan and any other material considerations. There are no strategic planning issues to address and the terms of policy HG9 would be relevant along with the appropriate design guidance on flatted developments.

The principle of developing this site for housing purposes is acceptable under the terms of policy HG9 noted above. Whilst the proposed Class 2 office is not essential in a housing area, this aspect of the proposals is acceptable due to the site’s frontage onto Bank Street, where there are a number of commercial uses in the vicinity. As such the proposals generally conform with the terms of the Development Plan.

The proposed development generally meets the terms of the design guidance on such proposals. The Transportation Section advised that proposed parking provision of 18 spaces would be insufficient for this development and recommended that planning permission should be refused. In this regard it can be noted that the proposals involve the redevelopment of a gap site in a built up area and is close to local amenities, and offers easy access to public transport links and cycle track. The parking area offers provision for residents, visitors, business users and disabled drivers and on balance the provision is considered to be adequate. The provision of a pedestrian guardrail and link footpath could be covered by condition. As such the vehicular and pedestrian access arrangements are acceptable. The proposed density is acceptable for a flatted development on this gap site. The proposed amenity space falls short of the required 20mZ per bedroom as required by the design standards and the actual provision is on average 10m2 per bedroom. However, the proposed mix of private and shared garden spaces provided at ground level with private balconies provided to the upper floor flats would offer a reasonable amount of amenity space for a development of this type. Residential amenity would not be impaired due to this limited provision. Privacy levels would be maintained and there would be no detriment to residential amenity through overlooking issues.

The proposed building has an interesting contemporary design and whilst it would be 4 storeys in height the building would only be slightly higher that the existing 3 storey flats located to the east. It also provides a contrasting style to the traditional two storey sandstone buildings to the west of the site. Despite the modern design elements the building is not unacceptable. Building lines would be maintained along Bank Street and overall the building would provide an interesting feature at this corner site. The finishing materials to external walls would comprise of a redjbrown brick finish, with sheet metal/fabric roof covering to the shallow mono-pitched roof. The central staircase would be clad in part with perforated copper mesh cladding. Windows would be timber framed. The proposed office would have full glazing to both elevations. These modern design elements are acceptable.

The proposed bin store would be centrally positioned with easy access to the pick up area off Kirkwood Street and well screened from windows and the public road.

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4.6 There were no significant objections from most of the consultees, however it is noted that Scottish Water raised an objection. As noted above this would be set-aside provided the developer reached agreement over the provision of a suitable drainage design. This can be adequately covered Qy a condition. Security measures were considered adequate by Strathclyde Police Community Service Unit. There were no other representations.

4.7 Following consideration of the above the proposals are acceptable and it is recommended that planning permission be granted subject to conditions.

Page 72: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

C/06/00987/FUL

20th June 2006

M. MacBeth 9 Kilmore Grove Coatbridge ML5 5JU

Siting of Mobile Snack Van

7 Old Monkland Road Old Monkland Coatbridge North Lanarkshire ML5 5EA

38 Kirkshaws Councillor John Higgins

272940663581

C/PL/CT0495/007/GD/EL

Under the terms of the Adopted Monklands District Local Plan 1991 Policy HG9 (Existing Housing) would apply.

Contrary to Development Plan: Yes

Consultations:

Representations:

Newspaper Advertisement:

84 letters of representation have been received

Airdrie and Coatbridge Advertiser, 28'h June 2006

Recommendation: Refuse for the Following Reasons:-

1. That the proposed snack van would be in close proximity to residential property and is not clearly of a nature ancillary to housing. As such the proposed development would adversely affect residential amenity by reason of smell, noise and visual quality contrary to Policy HG (A) of the Monklands District Local Plan 1991.

2. The proposed snack van would encourage on-street parking in close proximity to the roundabout junction at Old Monkland Road and Kilmore Grove and at the junction of the adjacent schools to the detriment of road safety.

Page 73: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

1 - , ,. . . ........ ~ .....,......... ... .........

, ... ....... - .I i , &, q , ! j

I I

I

1 !

j i I .... - ..__

Football Ground

Fooroall Ground

Planning Application No. C/06/00987/FUL Siting of Snack Van

Land to Front of 7 Old Monkland Road Coatbridge 81 Representations Not toscale ’

Page 74: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

Background Papers:

Application form and plans received 2nd June 2006

Memo from the Transportation Section received 2O':hJuly 2006 Memo from Protective Services Section received 28 June 2006

Letter from P Smith,4 Kilmore Grove, Coatbridge, North Lanarkshire, ML5 5JU received 9th June 2006. Letter from Mr & Mrs Lynn,3 Kilmore Grove, Coatbridge, North Lanarkshire, ML5 5JU received 13th June 2006. Letter from Mr & Mrs Rooney,l Kilmore Grove, Coatbridge, North Lanarkshire, ML5 5JU received 13th June 2006. Letter from Mr Neil O'Pray,2 Kilmore Grove, Coatbridge, North Lanarkshire, ML5 5JU received 13th June 2006. Letter from A. Seggie,5 Kilmore Grove, Coatbridge, ML5 5JU received 29th June 2006. Letter from E Taylor,l3 Kilmore Grove, Coatbridge, North Lanarkshire, ML5 5JU received 29th June 2006. Letter from L Currie,l6 Kilmore Grove, Coatbridge, Lanarkshire, ML5 5JU received 29th June 2006. Letter from T Malroney,22 Kilmore Drive, Coatbridge, ML5 5JU received 29th June 2006. Letter from K Gowrie & Signatories,26 Kilmore Grove, Coatbridge, North Lanarkshire, ML5 5JU received 29th June 2006. Letter from C Wilk,28 Kilmore Grove, Coatbridge, North Lanarkshire, ML5 5JU received 29th June 2006. Letter from G Pollock,30 Kilmore Grove, Coatbridge, North Lanarkshire, ML5 5JU received 29th June 2006. Letter from M McKnight,32 Kilmore Grove, Coatbridge, North Lanarkshire, ML5 5JU received 29th June 2006. Letter from D Sharkie & Signatories,36 Kilmore Grove, Coatbridge, North Lanarkshire, ML5 5JU received 29th June 2006. Letter from T Fagan,38 Kilmore Grove, Coatbridge, North Lanarkshire, ML5 5JU received 29th June 2006. Letter from R Dick & Signatorieq42 Kilmore Grove, Coatbridge, North Lanarkshire, ML5 5JU received 29th June 2006. Letter from M & G Mina,44 Kilmore Grove, Coatbridge, North Lanarkshire, ML5 5JU received 29th June 2006. Letter from R McNiven,59 Kirkshaws Avenue, Coatbridge, ML5 5BX received 29th June 2006. Letter from Mary Crilly,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from Mary Downey,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from J Walker,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from M Forsyth,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from Owner/Occupier,St Timothy's Primary, 1 1 Old Monkland, Coatbridge, ML5 5EA received 30th June 2006. Letter from M.A McKeown,St Tlmothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from A McCormack,St Timothy's Primary , 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006, Letter from Owner/Occupier,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from E Wright,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006.

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Letter from A Sheridan,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA+ received 30th June 2006. Letter from Owner/Occupier,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from F Simpson,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from A Allen,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from M Ward,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from L Gallacher,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from E.A Noon,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from G McBride,St Tlmothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from Marion Quinn,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from Owner/Occupier,St Timothy's Primary, 1 1 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from S Whyteside,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from Owner/Occupier,St Timothy's Primary, 1 1 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from N Smith,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA , received 30th June 2006. Letter from L.A LenthallSt Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from D Mclntosh,St Tlmothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA, received 30th June 2006. Letter from Owner/Occupier,St Tlmothy's Primary, 1 1 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from Owner/Occupier,St Timothy's Primary, 1 1 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from A O'Donnel1,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from G WoodsSt Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from A McGuire,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from Owner/Occupier,St Timothy's Primary, 1 1 Old Monkland Place, Coatbridge, ML5 5EA received 30th June 2006. Letter from E TarrierSt Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from Owner/Occupier,St Timothy's Primary, 1 1 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from Owner/Occupier,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA received 30th June 2006. Letter from M Walsh,St Timothy's Primary, 11 Old Monkland Road, Coatbridge, ML5 5EA, received 30th June 2006. Letter from J Wilkie,249 Woodhall Avenue, Kirkshaws, Coatbridge, ML5 5DF, North Lanarkshire, ML5 5DF received 3rd Julv 2006. Letter from C Charnley,40 Kilmore Grove, Coatbridge, North Lanarkshire, ML5 5JU received 4th July 2006. Letter from A McCabe,l40 Ailsa Road, Coatbridge received 4th July 2006 Letter from A Slavin,l40 Ailsa Road, Coatbridge received 4th July 2006.

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Letter from A.M Flemming,l34 Ailsa Road, Coatbridge received 4th July 2006. Letter from Owner/Occupier, 150 Ailsa Road, Coatbridge received 4th July 2006. Letter from J Hailstones, 148 Ailsa Road, Coatbridge received 4th July 2006. Letter from M McAleese,64 Old Monkland Road, Coatbridge received 4th July 2006. Letter from A.M O'Neill,2 St Martin's Gate, Coatbridge received 4th July 2006. Letter from Owner/Occupier,4 St Martin's Gate, Coatbridge received 4th July 2006. Letter from Owner/Occupier,20 St Martin's Gate, Coatbridge received 5th July 2006. Letter from R McDonald,28 St Martin's Gate, Coatbridge received 4th July 2006. Letter from Owner/Occupier,29 St Martin's Gate, Coatbridge received 4th July 2006. Letter from G Hughes,25 St Martin's Gate, Coatbridge received 4th July 2006. Letter from Owner/Occupier, 14 St Martin's Gate, Coatbridge, received 4th July 2006. Letter from Owner/Occupier,ll St Martin's Gate, Coatbridge received 4th July 2006. Letter from Owner/Occupier,9 St Martin's Gate, Coatbridge received 4th July 2006. Letter from Owner/Occupier,5 St Martin's Gate, Coatbridge received 4th July 2006. Letter from J Rush,l3 St Martin's Gate, Coatbridge received 4th July 2006. Letter from M & B McMurray,l38 Ailsa Road, Old Monkland, Coatbridge, ML5 5HZ received 4th July 2006. Letter from P & H Holt,88 Old Monkland Road, Coatbridge, ML5 5EB received 5th July 2006. Letter from M McAleese,64 Old Monkland Road, Coatbridge, ML5 5EB received 6th July 2006. Letter from P Hynes,86 Old Monkland Road, Coatbridge received 6th July 2006. Letter from W Ford,70 Old Monkland Road, Coatbridge, ML5 5EB received 7th July 2006. Letter from Owner/Occupier,60 Old Monkland Drive, Coatbridge, ML5 5EB received 7th July 2006. Letter from T Mills,Head Teacher, St. Andrew's High School, Wallace Street, Coatbridge, ML5 4DE received 11 th July 2006. Letter from C Duffin,64 Daldowie Street, Kirkshaws, Coatbridge, North Lanarkshire, ML5 5DJ received 11 th July 2006. Letter from A. Caddle,124 Ailsa Road, Old Monkland, Coatbridge, North Lanarkshire, ML5 5HZ received 12th July 2006. Letter from Y . O'Pray,12 Kilmore Grove, Coatbridge, North Lanarkshire, ML5 5JU received 12th July 2006. Letter from Mr & Mrs Rae,l4 Ailsa Place, Old Monkland, Coatbridge, North Lanarkshire, ML5 5JA received 14th July 2006.

Any person wishing to inspect these documents should contact Mr Grant Douglas at 01236 812231.

Date: 24th July 2006

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APPLICATION NO. C1061009871FUL

REPORT

Description of Site and Proposal

This application seeks permission to site a mobile snack van on land to the front of No. 7 Old Monkland Road. The application site forms part of the car park of a local grocery shop with the car park itself measuring approximately 150 sq. metres.

The application site is bound predominantly by residential property with the exception of the new St Timothy’s and St Andrews school sites, which border the application site to the west. Existing Boundary treatments include a 1.8 metre timber screen fence to the east, south and west of the site.

The proposed snack van would measure approximately 3 metres in length and 2 metres in width and would be situated in the southeast corner of the car park orientated to face west.

Development Plan

The application site is located within an area designated as HG3 (Policy for New Private Sector Housing Development) in the adopted Monklands District Local Plan 1991. As an area of recently established housing the proposals would also be assessed against policy HG9 (Existing Housing). The proposal, in itself, raises no strategic issues.

Consultations and Representations

The Transportation Section have been consulted and have recommended refusal on road safety grounds as the location of the proposed snack van would encourage parking close to a roundabout junction and the entrance to adjacent schools. It would also result in pedestrian and vehicle conflict within the car park in which it will be located.

Following consultation the Pollution Control Section have advised that due to the close proximity of residential property noise from generators may be an issue that requires further consideration.

Following the standard neighbour notification procedures and advertisement in the local press a total of 83 letters of objection have been received against this proposal. In addition one further letter of representation has been received from the applicant stating that their own residence is within 500 metres of the application site and that following a residents meeting they found many of the points of objection unfounded and irrelevant. The material points of objection can be fairly summarised as follows:

(a) The proposed snack van would encourage stationary vehicles and manoeuvring at a point where traffic is extremely busy due to a mini roundabout and two junctions, one of which is the entrance to adjacent schools.

(b) The proposed snack van would lead to parking and access problems for the schools and nearby residents.

(c)

(d)

The proposed location of the snack van within a residential area would lead to a detrimental affect upon residential amenity particularly in terms of noise, smell and litter.

The positioning of a snack van within such close proximity to the entrance to adjacent schools would contradict policies on healthy eating in schools.

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4. Plannina Assessment and Conclusions

4.1 The Town and Country Planning (Scotland) Act 1997 requires that all proposals should be assessed in terms of the development plan and any other material considerations. Policy HG9 (Existing Housing) seeks to protect the established character of existing and new housing areas from development that is incompatible with a residential setting or adversely affects the amenity of established housing areas.

In terms of residential amenity and the points of objection raised these are addressed as follows:

4.2

(a) The application site is located within a small car park that takes direct access, via a dropped kerb, from Old Monkland Road. Less than 10 metres to the east lies a mini roundabout forming the junction between Old Monkland Road and the long residential CUI de sac of Kilmore Grove. To the immediate west of the application site lies access to St Timothy Primary and St Andrews High Schools. As highlighted above the Transportation Section have commented on the application stating that the introduction of a snack van in the front parking area of the shop could result in attending vehicles parking on Old Monkland Road and Kilmore Grove. Vehicles could park within the visibility splay of the access to both the shop and the schools site to the detriment of road safety.

(b) As highlighted above the Transportation Section have indicated that the proposed siting of a mobile snack van at the locus would cause an unacceptable impact upon road safety. The consultation has highlighted importance of this due to the position of the application site in close proximity to adjacent schools.

(c) The proposed snack van would be located within a predominantly residential area nearby to existing housing on Kilmore Grove, Old Monkland Road and Ailsa Place. Under the terms of Policy HG9 (Existing Housing) there will be a presumption against development which is likely to adversely affect the amenity of the area or as in this instance is not clearly of a nature ancillary to housing. While development that would be ancillary to existing housing is encouraged in the vicinity of local shops and schools, the proposals are not considered to be suitable for residential areas such as those surrounding the application site and would be more acceptable within areas of industrial or commercial use.

(d) Healthy Eating in Schools would not be assessed as a material consideration.

4.3 The terms of the objections received highlight the unsuitable nature of the proposed development when assessed in terms of the surrounding area. Housing policy within the adopted Monklands District Local Plan 1991 states that inappropriate forms of development can lead to a number of problems such as road safety, nuisance and generally have a detrimental effect on the amenity of surrounding areas.

4.4 Following consideration of the proposal as outlined above, it is not regarded as acceptable in terms of the development plan and there are no material considerations that would merit a departure from policy. Therefore it is recommended that this application be refused for the reasons recommended.

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Application No:

Date Registered:

Applicant :

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

C/06/01019/FUL

14th June 2006

Mr 8, Mrs J. McMurray 25 Ayr Drive Cairnhill Airdrie North Lanarkshire ML6 9XG

Two Storey Front Extension to Dwelling

25 Ayr Drive Cairn h il I Airdrie North Lanarkshire ML6 9XG

48 South East Cairnhill And Gartlea Councillor David Stocks

276328664003

C/PL/AIA9750025/GA/EL

Policy HGS:(Existing Housing Areas) in the Monklands District Local Plan 1991.

No

1 Letter of representation

Not Required

Recommendation:

1.

Grant Subject to the Following Conditions:.

That the development hereby permitted shall be started within five years of the date of this permission

Reason:To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building.

Reason:To safeguard the residential amenity of the area.

2.

Page 80: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction
Page 81: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

Background Papers:

Application form and plans received 14th June 2006

Memo from Transportation received 1 gth July 2006

Letter from Mr & Mrs McAllister, 36 Ayr Drive, Airdrie, ML6 9XG received 19th June 2006.

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 812375.

Date: 20th July 2006

Page 82: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

APPLICATION NO. C/06/01019/FUL

REPORT

1.

1 .I

1.2

2.

2.1

3.

3.1

3.2

4.

4.1

4.2

Description of Site and Proposal

This application seeks permission for the erection of a two storey front (gable) extension to a dwellinghouse. The application is for a semi detached property at 25 Ayr Drive, Airdrie and is located in an established residential estate in the Cairnhill area.

The proposal seeks to extend some 3.47metres from the front building line of the property towards Ayr Drive, at a width of 7.33 metres and to a height of 7.2 metres, being the height of the existing dwelling. Externally the extension will be finished in materials similar to the main dwellinghouse. Internally the extended area will accommodate a repositioned Living Room, Utility Room and WC on the ground floor. On the upper floor 2 additional Bedrooms will be provided.

Development Plan

This area is designated as HG9 (existing housing) in the Monklands District Local Plan 1991 .The proposal raises no strategic issues.

Consultations and Representations

Following the notification process an objection has been received from the neighbouring property at No 36. That representation is summarised as;

(i)

(ii)

(iii)

(iv) Loss of privacy.

Appearance: the proposal negatively affects the street by looking out of place and protruding beyond the frontage of other buildings on the estate.

Traffic, parking or access problems: reduced visibility.

Residential amenity: overshadowing of property opposite at no.36 Ayr Drive.

The Transportation Section has no objection to this proposal.

Planning Assessment and Conclusions

The Town & Country Planning (Scotland) Act 1997 requires that development proposals be considered under the terms of the development plan and any other material considerations. Consideration has to be given to the approved design guidance on “House Extensions” contained in the Monklands District Local Plan 1991.

In response to the above points of representation;

(i) This housing estate does not have a uniform building line and existing houses along this section of Ayr Drive follow this trend and as a result there is some precedent for front extensions in acceptable locations.

(ii) The Transportation Section was consulted and had no objections.

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(iii) No properties are affected by a loss of sunlight/ daylight as assessed in terms of the usual tests.

(iv) The extension will not result in a loss of privacy.

4.3 The design guidance states that extensions (other than small porches not exceeding 1.5 metres) should not be built at the front of a house, nor should any extension breach an established building line i.e. should not be forward of any wall of a house fronting a road. However, the layout of this estate, is such that there is no regular front building line. Unusually, it is the gable elevation of this house which fronts onto Ayr Drive and is already forward of the houses to the south as are the adjacent properties at nos. 29 and 31 Ayr Drive. The eastern elevation (front) of the proposed extension has no windows and will face across the street to nos. 34 to 42, which are a reasonable distance from the extension. No windows face the immediate neighbour at no. 23 Ayr Drive. No.36 on the opposite side of Ayr road is screened with domestic garden planting and will face the blank gable of the development at a distance of over 20 metres. It is therefore considered that there is no impact on privacy. The proposal is considered acceptable in terms of the design and scale, would integrate satisfactorily with the existing dwellinghouse and would cause no adverse amenity effects in relation to day light, privacy and residual garden ground.

4.4 None of the points raised in the letter of representation would merit a recommendation for refusal. It is therefore recommended that planning permission is granted subject to a condition specifying matching materials.

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Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

S/05/01944/FUL

30th November 2005

Baronial Properties Mansion House 1 Ardgowan Square Greenock PAI6 8HG

Young And Gault Architects 28 Spiers Wharf Glasgow G4 9TG

Residential Development of 40 Units with New Vehicular Access to Woodhead Crescent

Land At Holmbrae Road Uddingston Glasgow

22: Fallside Councillor Robert Burrows

269936 661 51 2

S/PL/B/9/79 (1 08)/LC/MM

The site lies within the curtilage of the Smurfit factory, although this area of land has not been previously developed.

The site is zoned in the adopted Uddingston and Tannochside Town Map 1973 as an area primarily for industrial use.

The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as IND8 - Established Industrial and Business Areas.

Contrary to Development Plan: Yes

Consultations:

Representations:

Scottish Environment Protection Agency (Comments) Scottish Water (Comments) British Gas (Comments) Scottish Natural Heritage (Comments)

3 Letters of representation were received. One of these letters has been signed by the objectors and their neighbouring proprietors.

Newspa per Advert is em en t : Advertised on 8th December 2005

Page 85: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

Nwlt La~rkshire Courn;l Fianning and Environment Headquarters Suite 501, Fleming House 2Tryd Road CUMBERNAULD 0871 JW

Tdephone 01236 616210 Fm. 01236616232

OS Licence 100023368 2004

a 1:2000

PLANNING APPLiCATiON NO. S I 05 I01944 I FUL

RESIDENTIAL DEVELOPMENT OF 40 UNITS WITH NEW VEHICULAR ACCESS TO WOODHEAD CRESCENT

LAND AT HOLMBRAE ROAD, UDDINGSTON. * Representation Site Area = 0.83 ha.

rkshire Council

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Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

That before the development hereby permitted starts, a further report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until confirmation from a suitably qualified person that these works have been completed has been submitted to the Planning Authority.

2.

Reason: In order to protect the amenity of future residents.

3. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these details.

4. That notwithstanding Condition (3) above, full details of the wall/fence/railings on the boundary with Holmbrae Road as shown on the approved plans shall be submitted for approval by the Planning Authority.

Reason: In the interests of residential amenity

5. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects.

6. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and

(c) an indication of all existing trees and hedgerows, and measures for their protection in the

(d) details of the phasing of these works.

Reason: In the interests of the visual amenity of the area.

size of trees and shrubs to be planted;

course of development; and

7. That before the development hereby permitted starts, a management and maintenance scheme under the terms of condition (6) above shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of the landscaped amenity areas as shown on the approved plans

Reason: To enable the Planning Authority to consider these details in the interests of amenity

8. That before the development hereby permitted is commenced, full details of the location and

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design of the surface water drainage scheme to be installed within the application site shall be submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt, the scheme requires to be approved by Scottish Water and the Scottish Environment Protection Agency in terms of their principles of Sustainable Urban Drainage Systems. Should this result in any amendments to the approved layout then a revised application will require to be submitted.

Reason: To enable the Planning Authority to consider these aspects in detail and to safeguard the amenity of the area, to prevent groundwater pollution and to ensure that the proposed drainage system complies with the latest Scottish Water and SEPA guidance.

9. That before the residential development hereby permitted is completed, the surface water drainage scheme approved under the terms of Condition (8) above shall be installed, and thereafter maintained in accordance with the approved details.

Reason: In the interests of water quality and the environment.

10. That before the development hereby permitted starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met to demonstrate that the development will not have an impact on their assets and that suitable infrastructure can be put in place to support the development.

Reason: To ensure that there is sufficient capacity in the sewerage and water supply systems to allow the residential development to proceed.

11. That before the occupation of the last five dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved uhder the terms of condition 6 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of the visual amenity of the area.

12. That before the occupation of the last dwellinghouse hereby permitted, the management and maintenance scheme approved under the terms of condition (7) above shall be in operation.

Reason: In the interests of residential amenity.

13. That no integral garage shall be altered for use as a habitable room without the prior consent of the Planning Authority.

Reason: To ensure adequate parking facilities within the curtilage of each dwellinghouse.

That before the development hereby permitted starts, details shall be submitted and approved showing the design and materials of the entrance feature to the site and the agreed feature shall be completed before the last house is occupied.

14.

Reason: To enable the Planning Authority to consider these details and to ensure its implementation.

15. That before construction of the first house within the residential development hereby permitted starts, the roundabout at the entrance of the site shall be designed to conform with the Design Manual for Roads and Bridges (DMRB) to a suitable scale and design determined under the terms of the Roads Construction Consent and shall be completed to the satisfaction of the Planning Authority.

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Reason: To ensure proper traffic movement on Holmbrae Road and proper access to the development site.

16. That before the dwellinghouses hereby permitted are occupied, noise mitigation measures for the site and adjacent Smurfit site as specified in section 7 of the report by RMP Acoustic Consultants dated 21st June 2006, shall be implemented in full and before the last house is occupied, a letter from a professionally qualified source shall be submitted to the Planning Authority confirming that these works have been satisfactorily carried out. For the avoidance of doubt, before any of the dwellinghouses hereby permitted are occupied, the acoustic fence on the northern boundary of the site shall be erected in accordance with the terms of the noise assessment by RMP dated 21" June 2006, to the satisfaction of the Planning Authority.

Reason: In the interests of the amenity of residents in adjacent dwellinghouses.

17. That before the development hereby permitted commences on site written confirmation shall be submitted to the Planning Authority that the drainage works are able to be carried out to the satisfaction of Scottish Water and the Scottish Environment Protection Agency and shall comply with the appropriate good practice and design guidance in respect of Sustainable Urban Drainage Systems and before any dwelling is occupied written confirmation shall be submitted to the Planning Authority that these works have been completed to the satisfaction of Scottish Water and SEPA.

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage systems complies with the latest SEPA guidance on SUDS.

18. That before the development hereby permitted starts, a Flood Risk Assessment Report, (prepared by a Chartered Civil Engineer or equivalent) shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, the report should demonstrate that the development proposals will not increase flood risk; will not result in the proposed buildings and access routes to those buildings becoming susceptible to flooding; and will not adversely impact on the sensitivity'of the overall drainage system to flooding for a range of storm events including a 1 in 75 year and 1 in 200 year storm events.

Reason: To enable the Planning Authority to fully consider this aspect of the development.

19. That before the development hereby permitted starts, confirmation from a suitably qualified person that the issues raised in the letter from NLC Environmental Health Section to Johnson Poole and Bloomer dated 12th July 2006 have been addressed and the works required in order to remove or render harmless any contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To enable the Planning Authority to fully consider this aspect of the development in the interests of future residents.

20. That any shrub and tree removal or cutting shall be undertaken outwith the bird-breeding season (March to September inclusive.)

Reason: To minimise the risk to wild birds and their nests to ensure legal compliance with the requirements of the Wildlife and Countryside Act 1981 and the Nature Conservation (Scotland) Act 2004.

21. That before the development hereby permitted is commenced, full details of the proposed bin stores and recycling points shall be submitted to and approved in writing by the Planning Authority.

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Reason: To enable the Planning Authority to consider these aspects.

Note to Committee:

If the committee are minded to grant consent the decision notice will not be issued until a Section 69 Agreement is signed between the Council and developer with regard to the financial contribution of the play area at Kilmory Avenue.

Background Papers:

Application form and plans received 23rd November 2005

Memos from Transportation Manager received 1 6th December $005,1 6th May 2006 and 14'h June 2006 Letter from Scottish Environment Protection Agency received 9 January 2006 Memo from Local Plans Section received 19th December 2005 Memo from Geotechnical Team Leader received 8th February 2006 Memos from Head of Protective Services received 10th January 2006 and 1 8'h May 2006 Memo from Leisure Services received 1 Oth January 2006 Letter from Scottish Water received 8th December 2005 Letter from British Gas received 7th December 2005 Letter from Scottish Natural Heritage received 2tjth May 2006 Letter from Robert and Margaret Hastie, 11 Woodhead Crescent, Uddingston, Glasgow, G71 6HX received 8th December 2005. Letter from Francis Revell, 99 Woodhead Crescent, Uddingston, Glasgow, G71 6LR received 15th December 2005. Letter from P G Dolan, 97 Woodhead Crescent, Uddingston, G71 6LR received 25th January 2006.

Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) Adopted Uddingston and Tannochside Town Map 1973

Any person wishing to inspect these documents should contact Mrs Lesley Carus at 01 698 3021 42.

Date: 20 July 2006

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APPLICATION NO. S1051019441FUL

REPORT

Description of Site and Proposal

The application site comprises land at Holmbrae Road, Uddingston, which extends to 0.84 hectares and is currently owned by Smurfit, a large European based manufacturer of containerboard, corrugated containers and other paper based packaging products. The application site is an awkward shape, being only 40 metres at its widest point and 230 metres long, undulating throughout and sloping southwards towards Woodhead Crescent. It is currently covered with a mixture of grass, shrubs and semi-mature trees. There are also some mounds of earth and rubble within the site. The site currently does not benefit from any formal vehicular access arrangements, however the proposed layout plan shows access being taken from the eastern end of the site via a new roundabout onto Woodhead Crescent. There is also no formal pedestrian access into the site, and the applicant proposes to have a pedestrian-only link through the site from Woodhead Crescent to Holmbrae Road.

To the south of the site is a mix of private residential properties and steep southwards-sloping Protected Open Space, owned by North Lanarkshire Council. To the east and west of the site are further residential properties, of predominantly 2 storeys in height, although they vary in age and character. To the north of the site lies the 13,000 square metre Smurfit factory.

Detailed Planning Permission is sought for the erection of 40 residential units comprising 24 flats, 12 semi-detached houses, and 4 townhouse properties. The flats are proposed to be 3 storeys in height; the houses 2 storeys; and the townhouses are proposed to be 2% storeys. The flats are split into 2 blocks of 12 flats, and are proposed to be situated at the western end of the site. The layout of the flats is such that they will be in a ‘T’ shape, with one block having a frontage onto Holmbrae Road, and the other block sited perpendicular to the first block. The distance between the flats is proposed to be approximately 7 metres. The semi-detached houses are proposed to be in a single row from the entrance to the site at the east. The townhouses are proposed to be 2% storeys in height, with dormer windows to the front and rear, and integral garages on the ground floor.

In terms of landscaping, a bund is proposed on the north side of the site in order to provide a buffer between the housing development and the adjacent industrial proprietors. This bund is proposed to be approximately 1.4 metres high, with trees and shrubs planted along the sloping side. An acoustic fence measuring approximately 2.4 metres in height will also be sited on the bund to provide additionat noise mitigation.

Development Plan

The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000 and can therefore be assessed in terms of Local Plan policies.

The site is zoned in the adopted Uddingston and Tannochside Town Map 1973 as an area primarily for industrial use.

More contemporary is the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) which zones the site as IND8 (Established Industrial and Business Areas).

Policy IND 10 (Assessing Other Developments on Industrial and Business Land) provides criteria on alternative development of such land and requires account to be taken of specific locational need for the development; the extent to which there is surplus in the land supply for industry and business; whether the development would undermine the attractiveness of the

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location for industry and business and; whether the proposal would result in significant economic benefit to the area.

2.5

2.6

3.

3.1

3.2

3.3

3.4

3.5

3.6

In assessing the transportation implications of the development, Policy TRI 3 (Assessing the Transport Implications of Development) of the Southern Area Local Plan is a material consideration. This policy states that the Council will take account of criteria including the impact of the development on road traffic circulation/road safety and the provision made for access, parking, and vehicle manoeuvring.

In addition, Policy HSG 10 (Assessing Applications for Housing Development) of the Southern Area Local Plan is relevant, as it outlines the considerations to be made for new housing developments.

Consultations and Representations

No objections were received from the utility bodies.

SEPA, Scottish Water and NLC’s Geotechnical Section expressed no objection to the development provided surface water is treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland. Furthermore, NLC Geotechnical Section requested that a Flood Risk Assessment be undertaken. SEPA stated that provision should be made for the storage of waste for recycling, com posting etc. both within individual properties and the development as a whole. Schemes for drainage and flood risk were submitted and subsequently approved.

Scottish Natural Heritage raised no objections to the proposals provided certain conditions were attached to any planning permission. SNH also requested that a bat survey be carried out in order to determine the presence of bats and their roosts within trees affected by the proposals. A survey was submitted detailing no existence of bats within the site and SNH confirmed their acceptance of the findings and methodology employed. Additional comments relate to the retention of existing trees and any shrub and tree removal or cutting should take place outwith the bird-breeding season (March to September inclusive).

NLC Transportation Section were consulted several times throughout the course of the application as several amendments were made to the plans. Initially, the Transportation Team Leader recommended refusal of the application based on the fact that it would not receive Roads Construction Consent as a number of issues required to be addressed. After further discussions with the developer, the proposed layout was amended and is now considered to be acceptable.

NLC Protective Services commented that a comprehensive site investigation would require to be undertaken to assess any potential risks arising from previous site uses. Given the proximity to the Smurfit Factory, a noise survey would also require to be carried out to assess the impact of noise on the development. Finally, they advised that a note should be placed on any consent restricting the production of noise during construction periods. A noise report was provided and proposed various mitigation measures to render the site suitable for residential development. Protective Services confirmed their acceptance of the findings provided the mitigation measures are implemented as stated in the report.

NLC Community Services found that the proposals were generally acceptable, however, concerns were raised over the lack of landscaping around the car parking area serving the flats within the site. They also commented that the scale and density of the flats would be incompatible with the character of the area. They commented that there was little conservation value of the existing trees on the site but requested that a landscaping plan be submitted for consideration.

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3.7 NLC Play Services advised that dedicated play equipment should be provided within the site, or alternatively, the developer should make a contribution towards upgrading an existing play area. The latter arrangement will be secured via a Section 69 agreement, before any consent is issued.

3.8 NLC Property Services raised no objection to the proposals.

3.9 Three letters of objection were received following neighbour notification procedures and the press advertisement. These were received from the adjacent proprietors to the south and east of the application site. The concerns can be summarised as follows:-

0 Overshadowing and overlooking due to the difference in ground levels and property heights between the application site and neighbouring properties. The townhouses and flats are visually intrusive and not in-keeping with the surrounding area. Access into the site is via a new roundabout, the location of which is dangerous and has road safety implications for vehicles, pedestrians and adjacent residents’ gardens.

0 Additional traffic serving the development will pose a danger to children in Woodside Crescent. It is also feared that cars will make a wrong turn when trying to access the new site, to the detriment of pedestrian safety and that the development will create a ‘rat run’ through the existing estate. It is requested that traffic calming be provided on Woodhead Crescent.

0 The recycling area is proposed to be situated close to the mutual boundary, and there are fears over potential smell, noise and rodent infestation. Disruption of existing residents during construction

4. Plannina Assessment and Conclusions

4.1 The proposals require to be assessed under the terms of the development plan and any other material considerations. In this instance the terms of policies HSGIO and TR13 of the emerging Southern Area Local Plan are most relevant. Although it is recognised that the application site is currently zoned as IND 8 (Established Industrial and Business Areas) in the Southern Area Local Plan, it is considered that since this site is not utilised by the industrial unit to the north, it will not prejudice the remaining industrially zoned site. Furthermore, since the character of the area is predominantly residential, the principle of residential development on the site is acceptable. Policy IND 10 (Assessing Other Developments on Industrial and Business Land) is also relevant given the industrial zoning of the site. However, it is considered that this proposal is in accordance with the criteria as set out in IND 10, as this site is re-using under-utilised industrial land. In addition, the site is currently unmaintained and overgrown and thus new development will improve the visual amenity of the area. Hence, given the proximity of this application site to existing housing, the main issues in determining the acceptability of this application is to establish whether the proposal is compatible with the adjoining residential area, and the extent to which the development is affected by the existing adjoining industrial use.

4.2 Policy HSGlO (Assessing Applications for Housing Development) states that in determining planning applications for new housing, the Council will take into consideration: the impact of the development on the existing built and natural environment; density, layout and mix of housing; detailed design elements such as building height, materials and positioning: provision of landscaping, screening and open space; and the provision made for roads, access, parking and garage space.

4.3 When assessing this proposal against the provisions of HSG 10, the development is considered to be acceptable in terms of the impact on existing housing. The proposed houses will be built on a higher level than properties on Woodhead Crescent to the south, however there is no loss

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of privacy or amenity due to the orientation of the proposed houses and flats, and there are no windows directly overlooking neighbouring properties. With regard to the loss of sunlight/daylight, the level currently enjoyed by adjoining neighbours will remain largely unaffected as the site lies to the north east which in terms of the directional path of the sun will only marginally affect the garden ground of the residents.

The proposed flats will be 3 storeys in height with hipped roofs. The existing houses opposite on Holmbrae Road are substantial 2 storey dwellings. The hipped roofs of the flats reduce their visual impact, the distance between the flats and the existing houses on Holmbrae Road is approximately 25 metres, and there are no privacy issues. The scale and design of the houses is considered acceptable and complementary to adjoining properties. In addition, the development conforms to the Council’s open space guidelines in terms of the front and rear garden areas, space between dwellings, and amenity space afforded to the flats. In addition, the site benefits from a heavily wooded area to the south, and this is complemented by the landscaping and open space within the development site. A contribution will be made toward the upgrading of a nearby play area in lieu of a dedicated play area within the site in order that standards are met in this regards. Therefore the proposal is considered to comply with Policy HSG 10.

4.4

4.5 Policy TR 13 (Assessing Transport Implications of Development) sets out criteria for the Council to consider when assessing applications for development. These criteria include: the level of traffic generated and its impact of the environment and adjoining land uses; the impact of the development on road traffic circulation and road safety and; the provisions made for access, parking and vehicle manoeuvring. The aim of this policy is to ensure that developments which generate traffic do not detrimentally effect the environment or adjoining land users, and is important in the assessment of this application. With regard to access and parking provision for the site, it is considered that the location of the accesses from Holmbrae Road coupled with the provision of turning facilities, would allow vehicles to enter the road network in an acceptable and safe manner. As indicated in paragraph 3.4, the Transportation Section are satisfied with the proposals. Therefore the development complies with Policy TR 13.

4.6 With regards to the issues raised by SEPA, Scottish Water and NLC’s Geotechnical Section, the submission of further drainage details can be secured by condition if consent is granted.

4.7 With regards to the points raised by Scottish Natural Heritage regarding tree removal and cutting, this matter can be secured via conditions if consent is granted. As mentioned above, a survey was submitted detailing no existence of bats within the site and SNH confirmed their acceptance of the findings and methodology.

4.8 NLC Protective Services section raised issues of noise and requested that a noise assessment and site investigation be carried out. A condition will be imposed requiring the submission of a site investigation report if Committee grant this application. Noise mitigation measures are required to be implemented as stated above, and a condition will be imposed to that effect. However, in order to address the potential noise nuisance affecting the properties within the development site, a 2.4 metre close-boarded acoustic fence will be positioned on the north end of the site which bounds the Smurfit factory. This is in order to reduce the audible noise affecting the proposed dwellings. Living accommodation has been ‘handed’ internally to site non-habitable rooms nearest to the factory, thereby reducing noise disturbance further. A condition will be imposed, if granted. Lastly, a note will be placed on the consent, if granted, advising on construction noise.

4.9 NLC Community Services expressed concerns over the landscaping around the car parking area, however, conditions will be imposed requiring submission of a landscape scheme and maintenance regime for the site, should consent be granted.

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4.10 In addition, the contribution towards the existing play area as mentioned above will be secured via a Section 69 agreement, as required by NLC Play Services.

Turning to the points of objection, these can be addressed as follows: 4.1 1

0 Gardens of existing properties affected by the proposal have a northern aspect. Therefore due to the orientation and relationship between the existing and proposed properties, there will be no impact on the SunlighVdaylight of existing properties. The relevant tests have been carried out and prove this to be the case. The townhouses and flats are higher than surrounding properties. However, there are large properties on Holmbrae Road and it is considered that the flats and townhouses will integrate with the surrounding properties, and will have a positive effect on the visual amenity of the area. The Transportation Section is satisfied that the installation of a new roundabout will not be detrimental to road or pedestrian safety. Adjacent residents’ gardens should not be affected by the proposal. The Transportation Section is satisfied that the development will not be detrimental to pedestrian safety. In addition, the development is not a ‘through road’. Only vehicular access will be taken from Woodhead Crescent, with pedestrian access from Holmbrae Road. Further details of the recycling area are required and a condition is recommended requesting further details to be submitted prior to the development commencing. Disruption during construction is not a material planning consideration. Nevertheless, a note to the developers is placed on the consent regarding construction noise.

In terms of overall design, the proposal is considered to be sensitively designed in terms of siting, scale and layout. Additional landscaping will soften the affect of the development on the site. In terms of the points of objection raised, it is considered that the residential amenity of dwellings to the east of the site will not be adversely affected.

0

0

0

0

4.12

4.13 To conclude, the principle of residential development accords with Local Plan policies and the imposition of conditions will secure accordance with local plan policies. I therefore recommend that planning permission be granted.

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Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

S/05/020581FU L

7th December 2005

Springfield Homes 61 Springfield Road Salsburgh Shotts ML7 4LP

Cooper Cromar Newton House 457 Sauchiehall Street Glasgow G2 3LG

Demolition of Detached Dwellinghouse & Erection of 42 Dwellinghouses and 24 Flatted Dwellings

No 35 And Land To Rear Of 31-87 Old Manse Road Wishaw Lanarkshire

15 Garrion Councillor John Pentland

278525654202

S/PL/B/2/7/GLIMM

No relevant history

This site is part of an identified housing site HSG2.143A for 100 Units in the Southern Area Local Plan Finalised Draft (Modified 2001,2004 and 2005).

The site is allocated for residential purposes in the Burgh of Motherwell and Wishaw Part Development Plan 1953.

Contrary to Development Plan: No

Consultations: Scottish Natural Heritage No Objection West Of Scotland Archaeology Service No Objection Scottish Environment Protection Agency Objection Transco Comments Scottish Power Comments Scottish Water Comments

Representations: None received

Newspaper Advertisement: Not Required

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Mrth LanattsNre Courd Planning and Emirorment Headquarters Suiie501, Fleming House 2 Tryst Road WMBERNAULD G871 JW

Telephone01236 616210

Fax. 01238 816232

OS Licence 100023369 20M

I PLANNINGAPPLICATION NO. S1051020581FUL

DEMOLITION OF DETACHED DWELLINGHOUSE & ERECTION OF 53 DWELLINGHOUSES AND

N 24 FLATTED DWELLINGS

NO 35 AND LAND TO REAR OF 31-87 OLD MANSE ROAD, WISHAW

@hire Coundl

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Recommendation: Grant Subject to the Following Conditions:-

1.

2.

3.

4.

5.

6.

7.

That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail.

That before any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under the terms of Condition 2 above, shall be erected.

Reason: To safeguard the residential amenity of the area.

That notwithstanding the provisions of Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls or other means of enclosure, shall be erected between the front of any of the dwellinghouses hereby permitted and the adjoining road, with the exception of the frontages of plots 1 and 42 to Old Manse Road without the written approval of the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail and to preserve the residential amenity of the development once completed.

That before the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail.

That before the development hereby permitted starts, there shall have been submitted to, and approved in writing by the Planning Authority, section and contour drawings showing the existing topography of the site, with proposed changes to ground levels and proposed levels of buildings. These shall be adhered to in the course of the development unless the Planning Authority gives prior approval, in writing, of any variation.

Reason: In order that the Planning Authority can retain effective control over this matter in the interests of the visual amenity of the area.

That before the development hereby permitted starts, a scheme of landscaping, including for all of the areas hatched GREEN on the approved plans, shall be submitted to and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and

(c) an indication of all existing trees and hedgerows, plus details of those to be retained, (d) a scheme of tree planting for garden ground relating to each plot and around the flats; (e) a scheme of low level planting around the fenced play area and a scheme of buffer planting

size of trees and shrubs to be planted (which shall be of native species);

between the cycleway/pedestrian link and plot 28; and

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(f) a timetable for the implementation of these works.

Reason: To enable the Planning Authority to consider these aspects in detail.

8. That all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 7 above, shall be completed in accordance with the timetable agreed under the terms of condition 7; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity.

9. That before the development hereby permitted starts, a scheme for the provision of an equipped play area within the site, hatched BLUE on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, and this shall include:-

(a) details of the type and location of play equipment, seating and litter bins to be situated within

(b) details of the surface treatment of the play area(s), including the location and type of safety

(c) details of the fences to be erected around the play area(s), and (d) details of the phasing of these works.

the play area(s);

surface to be installed;

Reason: To ensure the provision of adequate play facilities within the site.

10. That before occupation of the last 10 dwellinghouses within the development hereby permitted, all the works required for the provision of equipped play area(s) and, included in the scheme approved under the terms of condition 9 above, shall be completed.

Reason: To ensure the provision of adequate play facilities within the site.

11. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of the proposed grassed, planted and landscaped areas shown on the approved plans, the landscaping details agreed through condition 7, the play areas agreed through condition 9 and the continuing maintenance of the SUDSlsurface water drainage infrastructure agreed through condition 21.

Reason: To enable the Planning Authority to consider these aspects in detail.

12. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 11 shall be in operation.

Reason: To ensure proper maintenance of the area.

13. That a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access onto Old Manse Road, and before the development hereby permitted is brought into use, everything exceeding 900mm in height above the road channel shall be removed from the sight line areas and, thereafter] nothing exceeding 900mm in height above the road channel level shall be planted, placed, erected, or allowed to grow within these sight line. This access shall also have 7.5 metre corner radii. Prior to any development taking place in relation to the development, evidence shall be submitted to and approved in writing by the Planning Authority, demonstrating that the required sightlines can be achieved within land under the control of the applicant.

Reason: In the interest of road and traffic safety and to ensure the applicant gains adequate

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control of land to provide the required sightlines.

14.

15.

16.

17.

18.

19.

20.

21 *

That no dwellinghouse or flat shall be occupied until all of the associated parking and manoeuvring areas shown on the approved plans, including the visitor parking bays, shared private accesses and communal parking areas, are levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

Reason: To ensure the provision of adequate parking facilities within the site in the interests of residential amenity and road safety.

That before any dwellinghouse within the development hereby permitted is occupied, the means of vehicular and pedestrian access shall be constructed in accordance with the approved plans.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings in the interests of residential amenity and road safety.

That no dwellinghouse hereby permitted shall be occupied until the road and footways adjacent to it have been constructed to basecourse standard and the road and footway shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.

That before the last of the dwellinghouses hereby permitted is occupied, all roads and footways shall be completed to final wearing course.

Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.

That internal visibility splays of 2.5 metres by 35 metres shall be provided for both parking areas (or 2.5 metres to the behd in the case of the western visibility splay from the bowling club car park), details of which shall submitted to and approved in writing by the Planning Authority prior to the commencement of any works. Nothing greater than 1.05m above road level shall thereafter be rooted/erected within forward visibility sightlines

Reason: In the interests of road safety.

That prior to any of the dwellinghouses/flats hereby approved being occupied, written confirmation shall be submitted to the Planning Authority from a suitably qualified person that the recommendations of the noise report by bureau veritas submitted in respect of the application, dated 12‘h May 2006, have been implemented in full. Thereafter these measures must be maintained to the satisfaction of the Planning Authority.

Reason: To protect future residents from unsatisfactory levels of noise.

That prior to any development taking place, a site investigation shall be submitted to and approved in writing by the Planning Authority. The investigation must be carried out in accordance with the British Standard Code of Practice BS 101 75: 2001 “The Investigation of Potentially Contaminated Sites”. The report must include a site specific risk assessment of all relevant pollution linkages and be submitted in both hard copy and electronic format. Depending on the results of this investigation a detailed remediation strategy may be required. Any remediation work shall be completed and verification provided to the Planning Authority’s satisfaction, prior to the commencement of the approved development.

Reason: To ensure the site is free of contamination.

That before the development hereby permitted starts, full details of the location and design of

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the surface water drainage scheme to be installed within the application site shall be submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt the scheme requires to be approved by the Scottish Environment Protection Agency in terms of their principles of Sustainable Urban Drainage Systems and with any requirements of Scottish Water. Thereafter, once completed and prior to the occupation of the first dwellinghouse, written confirmation, from a suitably qualified engineer shall be submitted to the Planning Authority, confirming that the drainage system has been installed in accordance with the approved scheme. Any change to the site layout as a result of this scheme will require an amended planning application.

Reason: To safeguard the amenity of the area, to prevent groundwater pollution and to ensure that the proposed drainage system complies with the latest SEPA guidance.

22. That no integral garage shall be altered for use as a habitable room without the prior written consent of the Planning Authority.

Reason: To ensure the provision of adequate parking facilities within the site.

23. That before the development hereby permitted starts, the site shall be fully surveyed by a suitably qualified person to establish the extent of the presence of Japanese Knotweed. All Japanese Knotweed within the site shall be eradicated and disposed of in line with current Scottish Environment Protection Agency guidance, and certification shall be provided to the Planning Authority from a suitably qualified person that this has been done, prior to any development taking place.

Reason: To control this invasive plant species which has been identified through the protected species report and to ensure compliance with all relevant legislation.

Background Papers:

Application form and plans received 7th December 2005, additional information received 23rd March, 31 st May and 26th June 2006 and amended plans received 20th July 2006.

Memos from Transportation Manager received 4th April and 31 st May 2006 Memos from Geotechnical Team Leader received 5th January 2006 Memos from Head Of Protective Services received 30th December 2005 and 27th June 2006 Memos from Community Services Department received 23rd June and 20th July 2006 Letters from Scottish Natural Heritage received 11 th January and 8th June 2006 Letter from West Of Scotland Archaeology Service received 10th January 2006 Letter from Scottish Environment Protection Agency received 23rd January 2006 Letter from British Gas received 4th January 2006 Letter from Scottish Power received 13th January 2006 Letters from Scottish Water received 9th January, 30th May and 14th July 2006

Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Burgh of Motherwell and Wishaw Part Development Plan 1953.

Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01698 302128.

Date: 20 July 2006

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APPLICATION N 0. S1051020581FU L

REPORT

1.

1 .I

1.2

2.

2.1

2.2

2.3

3.

3.1

3.2

Description of Site and Proposal

Detailed planning permission is sought for the erection of 42 dwellinghouses and 24 2-bedroom flats on land to the rear of Old Manse Road, Netherton, Wishaw. In order to access the site it is proposed to demolish an existing dwellinghouse at 35 Old Manse Road, which facilities the formation of a new roadljunction at the approximate position of the existing access to Wishaw South Bowling Club. The site is rectangular in shape, bound to the north by the existing bowling club (which would also be served by the new access) and a strip of open space containing mature trees, beyond which lies Netherton Road. To the east is the Bone Steel works and an adjacent housing development by Carronvale Homes. To the south is an area open space containing several mature trees. To the west is the rear of the properties on Old Manse Road. These comprise a mix of 1, 1 '/2 and 2 storey dwellinghouses and flats. The site has a mix of boundary wallslfences, reflecting the different adjacent land uses and is generally flat throughout.

The proposed house types are all 3 ,4 & 5 bedroom detached and semi-detached villas configured in a layout comprising a single internal road, a cul-de-sac and feature loop road at the southern end of the site. 2 detached dwellinghouses are also proposed fronting Old Manse Road, firstly at the proposed site entrance and secondly between 83 and 89 Old Manse Road, to the front of an existing gas governor. The proposed flats are 3-storey in height, located in the northeastern corner of the site, to the south of the bowling club and to the west of the Bone Steel works. Areas of open space are proposed around the flats as well as a dedicated parking area. Open space and play provision is provided for the dwellinghouses predominantly within a large central island formed by the loop road. Also proposed as part of this application is a new dedicated parking area for the bowling club.

Development Plan

The application is not of strategic significance.

The site is allocated for residential purposes in the Burgh of Motherwell and Wishaw Part Development Plan 1953. The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) identifies the current site as part of a housing site HSG2.143A for up to 100 units and Policy HSG2 promotes :is development for private sector housing.

Policy HSGl 0 (Assessing Applications for Housing Development) and TR13 (Assessing the Transportation Implications of Development) are relevant for this application.

Consultations and Representations

My Transportation Section has made comments on the access and layout requirements for the residential development of this site, which have been substantially incorporated in the layout. Planning conditions would be required to regulate these matters.

Protective Services have requested that a noise assessment be carried out to address potential noise problems in relation to the adjacent industrial area. A site investigation relating to ground contamination is also required. Other issues raised include construction noise and control of dust throughout development.

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3.3 Scottish Natural Heritage highlighted the requirement for assessment of any protected species using the site and have confirmed their acceptance of the submitted report. They have also noted the presence of Japanese Knotweed on the site which will need to be dealt with appropriately.

3.4 Scottish Water have confirmed that providing a suitable mitigation scheme is agreed, connection to their infrastructure will be accepted, and this includes surface water. Surface water drainage should be provided in accordance with a Sustainable Urban Drainage System, the latter also being requested by SEPA. SEPA have objected unless connection to Scottish Water infrastructure is granted. They also raise the potential for ground contamination.

3.5 My Geotechnical Team Leader has raised issues in relation to ground stability and has detailed information required in relation to drainage infrastructure. It is highlighted that if surface water is to be discharge to a burn to the south of the application site, a flooding assessment would be required due to previous instances of flooding downstream.

3.6 Community Services have raised no objections to the proposal although they highlight various issues. Points raised include the issue of protected species on the site, the use of appropriate landscaping and boundary treatments, options for drainage infrastructure and the presence of Japanese Knotweed. It is also suggested that a pedestrian linkage be formed between the adjacent development site and the proposed play area and that a further vehicular and pedestrian link is provided adjacent to 89 Old Manse Road.

3.7 The West of Scotland Archaeology Service have no objections to the proposals.

3.8 Transco British Gas and Scottish Power consultation responses raise no objections to the application.

4. Planninn Assessment and Conclusions

4.1 Planning applications require to be assessed against the Development Plan and any other material considerations. In this instance the application does not give rise to any strategic issues and falls to be assessed against the relevant Local Plan policies.

4.2 The adopted Burgh of Motherwell and Wishaw Part Development Plan 1953 zones the site for residential purposes, although this plan is significantly out of date. The principle of residential development on this site is however also supported by its allocation in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) as a housing site. It is necessary, therefore, to assess the development in terms of the issues set out in Southern Area Local Plan Policies HSGIO and TRI 3, matters raised by consultation responses and any other material considerations.

Policy HSGlO Assessing Applications for Housing Development sets out criteria against which new residential developments should be assessed. These include:

4.3

Impact on the existing built and natural environment; Density, layout and mix of housing; Detailed design; Landscaping/Open space; Consideration to crime; Transportation; Existing mineral and contamination status of the site; and Flood risk.

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4.4 The development consists of a mix of 3, 4 and 5 bedroom dwellinghouses and a block of 3 storey flats, set along one main internal street with a further cul-de-sac and loop road at the southern end of the site. A further 2 dwellinghouses are proposed outwith the internal layout, fronting Old Manse Road at the site entrance, and between 83 & 89 Old Manse Road. The houses would be finished with facing brick, roughcast, and have concrete roof tiles. In general terms, the impact of the residential development of this site has been accepted by the site’s allocation in the Local Plan for private housing development. While the site currently consists of a wide grassed area it is not of high ecological value and its redevelopment for housing would not have a significant impact on the natural environment. It is noted neither Scottish Natural Heritage nor the Council’s Community Services Department have made any objections to the proposals. In terms of the existing built environment the site mostly adjoins existing housing areas, although an industrial area lies to the northeast. In this respect residential development is considered acceptable and there would be no adverse impact on the character of the area. The house type designs are of an appropriate standard and while the proposed materials appear acceptable, this matter can be controlled in detail by planning conditions.

The site layout is such that it does not give rise to any unreasonable levels of overlooking, loss of privacy or loss of light. The development as a whole is considered acceptable in terms of its relationship with the wider area and impact on surrounding land-uses. Existing housing on Old Manse Road comprises a mix of 1, 1 % and 2 storey dwellinghouses and flats. The 2-storey dwellinghouses proposed in this application are therefore considered acceptable. I also note that given the considerable size of the rear gardens of properties on Old Manse Road, this development is well off-set with a larger than usual buffer between established and proposed dwellinghouses. The 2 dwellinghouses fronting Old Manse Road are also 2-storeys in height, although located adjacent to 1 and 1 % storey dwellinghouses. Given the mix of properties in this street, while higher than the neighbouring dwellinghouses, providing appropriate materials are used I do not consider that these would be out of place. Their position within the plots is also such that there are no concerns in respect to any adverse impacts. While at 3-storeys high, the flats are higher than any residential buildings in the area, these have been positioned away from established housing on Old Manse Road, at the northeastern corner of the site. Directly adjacent is a large building at the Bone Steel Works and the flats do not exceed the height of this. The proposed flats are also screened from Netherton Road to the north by a band of mature trees. In this respect I consider that the flatted element of the proposal is visually acceptable from the surrounding area. It is noted that the flat design has been amended to make the flats less dominant on their front elevation. Given the site is relatively flat, no cross sections have been requested; I do however recommend that a condition be attached ensuring full details of final levels are submitted prior to development commencing.

4.5

4.6 A satisfactory level of usable garden ground adequately serves all plots. Whilst three of the proposed dwellings at the site entrance do not fully comply with garden length standards owing to site constraints, a more than adequate area of usable garden ground is provided and there are no overlooking or amenity issues arising. Many other plots exceed the minimum required and overall, throughout the development, a satisfactory level of garden provision is made. An adequate level of communal garden ground associated with the flats is also provided. I would note that this application for 66 dwellings requires the provision of open space and play facilities. This has been adequately factored into the layout and final details of the play area can be secured via conditions. The principle of the location of the play area has been accepted by the Council’s Play Services Manager.

4.7 There are no significant concerns with this application in respect to crime prevention. Ground stability is the responsibility of the developer and further details required in relation to the site’s drainage, contamination and landscaping can be adequately covered by conditions. In regard to drainage, the developer has agreement in principle from Scottish Water to take surface water to the combined sewer. In this respect, I consider it reasonable to secure final details via planning conditions. My Geotechnical Team Leader sought a flood assessment should surface water have been taken to a burn to the south of the site, however, this is not the case.

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4.8

4.9

4.10

4.1 1

4.12

4.13

4.14

4.1 5

Both policy HSGlO (Assessing Applications for Housing Development) and TR13 (Assessing the Transportation Implications of Development) require the provision of suitable roads, access and parking, as well as an assessment of the impact of the development on the wider road network. Various changes to the proposed layout have been made and the proposals are now considered generally acceptable and in line with my Transportation Section’s comments. The satisfactory implementation of the proposed road, private accesses and parking provision can covered by planning conditions. The requirements for visibility sightlines from the main access is highlighted as is the fact that the applicant requires to purchase and demolish an existing house. Given these circumstances, I recommend that a condition be attached ensuring the applicant has full control of the ground required prior to development commencing.

On balance, assessed against the relevant provisions of the development plan, the proposed development is considered acceptable.

Turning to issues raised by the remaining consultation responses, it is noted that Scottish Water have now indicated that surface water will be accepted to the public sewer at attenuated rates. Final details of this can be agreed via a planning condition, although it should be highlighted to the applicant that any amendment to the layout as a result will require a further planning application. This would also satisfy the issues raised by SEPA. Other issues highlighted by SEPA can be covered by conditions and advisory notes to the applicant.

My Protective Services Team Leader’s request for a site investigation can be covered by planning conditions. A report has been submitted although verification of the report is still required from my Pollution Control section. A noise assessment report has also been submitted and my Pollution Control Team Leader has accepted the methodology used. It is noted that noise mitigation measures in relation to industrial noise will fully mitigate against noise, except for a worst case scenario at night where windows are left open. Whilst not ideal, I would note that this site is allocated for housing in the Local Plan and given it’s shape and configuration, there are limited layouts open to developers and a high boundary wall already exists between the site and the adjacent plant. On balance, given the limited scope for potential noise complaints, the proposed layout which shows the car parking area to the rear of flats adjacent to most of the mutual boundary with the Bone Steel works, and the housing allocation of this site in the local plan, I consider that this should not prevent the granting of planning permission. Other issues raised in relation to construction noise and control of dust could be covered via advisory notes to the applicant.

A report has been submitted demonstrating that no protected species are present on the site and this has been verified by Scottish Natural Heritage in relation to their comments. The need to deal with the presence of Japanese Knotweed on the site can be covered by a planning condition. All other issues raised by Community Services have either been incorporated into the layout or can be adequately covered by conditions, with the exception of a request to provide a secondary vehicular and pedestrian access adjacent to 89 Old Manse Road. In this instance, this is not required for any transportation reason and while the existing pedestrian link over this piece of ground will be lost, the open space to which it leads is being displaced by development. The single pedestrian route from within the site to Old Manse Road is considered acceptable.

Given the agreement reached with Scottish Water, while my Geotechnical Team Leader highlights lack of information in relation to drainage infrastructure and flooding, I consider that in this instance the matters can now be adequately controlled via planning conditions.

Issues raised by Scottish Power and British Gas can be covered via advisory notes to the applicant and are not significant in planning terms.

There have been no objections to this application as a result of neighbour notification. In conclusion, taking the provisions of the development plan and all other material considerations into account, it is recommended that permission be granted subject to conditions.

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Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

20th April 2006

Eurocentral Partnership Ltd Townhead Avenue Holytown Motherwell North Lanarkshire MLI 4UF

lronside Farrar Ltd 12 Gayfield Square Edinburgh EH1 3NX

Development of a Marketing Suite

Land West Of Townhead Avenue Eu rocen tral Hol ytown Motherwell North Lanarkshire MLI 4YF

27 Holytown Councillor James Coyle

275537 661 996

S/PL/B/5/64 (1 96)

522/91 (Outline) Consent granted 28‘h October 1992 for development of “Eurocentral”

S/05/00214/AMD - Amendment to 522/91 - undecided

Contrary to Development Plan: Yes

L3 ‘Protected Open Space’ on Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Consultations: Scottish Water

Representations: None

Newspaper Advertisement: Advertised on 6th July 2006

Recommendation: Grant Subject to the Following Conditions:-

(conditions)

1. That the development hereby permitted shall be started within five years of the date of this permission

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Eurocentral

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Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That before the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail.

3. That before the development hereby permitted is brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.

4. That before the development hereby permitted is brought into use, the means of vehicular and pedestrian access shall be constructed in accordance Figure 1 'Amended Site Plan' of the approved plans with 5.5 metre (minimum) wide roadway with dropped kerb footwayherge crossovers.

Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.

5. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number,

(c) an indication of all existing trees and hedgerows, plus details of those to be variety and size of trees and shrubs to be planted;

retained, and measures for their protection in the course of development.

Reason: To ensure replacement of landscaping disturbed by this development and to maintain the high quality of landscaping in this area.

6. That before the development hereby permitted is brought into use, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure proper implementation of the landscaping scheme in the interests of the visual amenity of the site.

7. That before the development hereby permitted is commenced full details of the location and design of the surface water drainage scheme to be installed within the application

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site shall be submitted to and approved in writing by Planning Authority, and for the avoidance of doubt the scheme requires to be approved by Scottish Water and the Scottish Environment Protection Agency in terms of their principles of Sustainable Urban Drainage Systems. Should this result in any amendments to the approved layout then a revised application will require to be submitted.

Reason: To enable the Planning Authority to consider these aspects in detail and to safeguard the amenity of the area, to prevent groundwater pollution and to ensure that the proposed drainage system complies with the latest Scottish Water and SEPA guidance .

8. That before the development hereby permitted starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met to demonstrate that the development will not have an impact on their assets and that suitable infrastructure can be put in place to support the development

Reason: To ensure that there is sufficient capacity in the sewerage and water supply systems to allow the residential development to proceed.

Background Papers:

Application form and plans received 12th April 2006

Memo from Transportation Manager received 12th May 2006 Letter from Scottish Water received 17th May 2006

Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mr Alistair Maclean at 01698 302093.

Date: 20 July 2006

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APPLICATION NO. S/06/00735/FUL

REPORT

1.

1 .I

1.2

1.3

2.

2.1

3.

3.1

3.2

3.3

4.

4.1

4.2

Description of Site and Proposal

This application is for the construction of a marketing suite and associated access and parking at EuroCentral. It will be located to the west of Townhead Avenue which is the dual carriageway road that leads from the A8(M) into the EuroCentral site. The development will replace the existing marketing suite which is located in a less prominent location. The proposal supports the increased marketing and promotion of EuroCentral associated with the redevelopment of the former CPT site and the development of the Dakota Hotel and other uses.

The site itself is reasonablyflat but the land to the north and west slopes downward. The area is landscaped with low shrubs and trees alongside Townhead Avenue.

The building will be single storey, finished in cladding and measuring 15 metres by 7.5 metres with a flat roof sloping gently away from Townhead Avenue.

Development Plan

The application is of no strategic importance and can be considered within the framework of Local Plan Policies. The proposed development is within an area allocated as L3 ‘Protected Open Space’ on the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

Consultations and Representations

Scottish Water objects to the application and indicate there are wastewater restrictions in the area and that the developer needs to demonstrate that the development will not have an impact on their assets. They advise that their objection would be withdrawn if appropriate infrastructure is provided and request a SUDS scheme be implemented.

The Transportation Team Leader requested that a lay-by style road layout be provided and amended plans were submitted to show that layout.

Community Services expressed concern that the landscaping within EuroCentral does little to enhance biodiversity.

Planninn Assessment and Conclusions

Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. Newhouse I Eurocentral is listed in Schedule 5(b) ‘Strategic Industrial and Business Locations’ in the Glasgow and the Clyde Valley Structure Plan 2000. This application raises no strategic issues and needs to be assessed against Local Plan Policies and other material considerations.

The site for this development is allocated as L3 ‘Protected Open Space’ on the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). This zoning is applicable to a site measuring almost 4 hectares at the Townhead Avenue / A8(M) junction. The total development area of this proposal measures only 1460 square metres, at one corner of the ‘Open Space’ and will thus have a minimal impact on the area. The benefits of locating a marketing building on this prominent site outweigh the minimal loss of landscaping that will be disturbed to

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construct this facility.

4.3 The concerns raised by Scottish Water and Community Services can be addressed by conditions. The divergence from the Local Plan is minimal and there are strong economic arguments for of locating a marketing building on this prominent site that outweigh the minimal loss of landscaping that will be disturbed to construct this facility. Therefore I recommend that permission be granted subject to conditions.

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Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development PI an :

S/06/00791/FUL

18th May 2006

Melzone Ltd Clo The Thatched Cottage Upper Church Street Ay les b u ry HP18 OAP

IDP Architects Adelphi Centre 12 Commercial Road Glasgow G5 OPQ

Part Change of Use of Public House to Licensed Bookmakers and Associated Physical Alterations to Front Entrance

17 - 19 Motherwell Road Carfin Motherwell North Lanarkshire MLI 4EB

5 New Stevenston And Carfin

2771 61 65841 6

Councillor Helen McKenna

Contrary to Development Plan: No

S/PL/5/52 (65)ICMIMM

S/97/00296/FUL - Change of Use from Snooker Hall to Childrens Nursery - Granted on 24'h June 1997

The Northern Area Local Plan includes the site within an area covered by Mixed Use Policy DCI and as Established Community Facilities in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) where policies CS2, RTLII and TR13 are relevant to this proposal.

Consultations: Scottish Water

Representations: 1 Letter of Representation

Newspaper Advertisement: Advertised on 1 3'h July 2006

Recommendation: Grant Subject to the Following Conditions:-

(Objections)

1. That the development hereby permitted shall be started within five years of the date of this permission

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Nwh Lanarkshire Cwuncil Planning and Environment HeadquarWrP Suns 501, Fleming HOUBI) 2 Try& Road CUMBERNAULD C871 JW

Tbephone 01238 616210 Fax. 01236 616232

A Os Licence 100023389 2W4

R L ~ Y I I n ~ m t n o r a r . r r . J u n q M p p r . ~ l " th P"l"l" #th C a * d C b k r M j - n . S a a v me OClar" ccwer U I . Y b l U d n p n * a a I r i n W r C w n wrlet d M l l . . 1 1 * * n Y Y d " n E I l i t 1 , ~ ~ ~ i l o l

PLANNING APPLICATION No. S I06 I00791 / FUL

PART CHANGE OF USE FROM PUBLIC HOUSE TO LICENSED BOOKMAKERS

@hire buncll 17 - 19 MOTHERWELL ROAD, CARFIN, MOTHERWELL * Representation

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Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997

2. That before the development hereby permitted starts, full details of the materials to be used on the front entrance door shall be submitted to, and approved in writing by the Planning Authority.

Reason: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 10th May 2006

Memo from Transportation Manager received 4'h July 2006 Memo from Head Of Protective Services received 16th June 2006 Letter from Scottish Water received 9th June 2006 Letter from Mr Gillard, 9 Hattonhill, Carfin, MLI 4DF received 22nd June 2006.

Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) Northern Area Local Plan 1986

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01 698 3021 36.

Date: 20 July 2006

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APPLICATION NO. S/06/00791/FUL

REPORT

1.

1 .I

1.2

1.3

1.4

2.

2.1

2.2

2.3

3.

3.1

Description of Site and Proposal

Planning permission is sought for a part change of use from public house to licensed bookmakers and associated physical alterations to front entrance, at vacant premises formerly known as ‘Carrigans’, to licensed bookmakers on the ground floor of 17-19 Motherwell Road, Carfin. Previously the ground floor was used as a public house with a snooker club to the rear of 17-19 Motherwell Road. However this application relates to the subdivision of the ground floor and the present public house area is proposed to be changed to the licensed bookmakers with the snooker club remaining vacant for the time being. An accountants offices are located on the upper floor and there is a shop and post office in the building north of the application site.

The site is a traditional, red sandstone, two-storey building with a pitched tile roof which has a small flat roofed side extension. The frontage has strong architectural features which benefits from two traditional bay windows on the upper floor and a prominent cornice in the centre of the building with curved arched detail above the main entrance of the building. The brickwork has been painted green and blue on the lower half of the building with six small windows and three separate fascia signs advertising “Carrigans” public houselsnooker club. The site is on the south east side of Motherwell Road, at a prominent location on the brow of a hill on a major artery out of Motherwell. The immediate area is mixed use, with a local community centre west of the application site with residential properties on the opposite side of Motherwell Road.

As part of the application site there is a secured private car park directly east of the building which is shared with the business premises on the upper floor which would provide three car parking spaces for employees of the proposed bookmakers. In addition to this there is also a public car park south of the building which provides seven customer car parking spaces. There is a palisade fence over two metres in height on the border of each car parking area.

Due to the nature of the business the intended hours of operation are loam to 6pm from September to March and loam to 10pm from April to August. External alterations include the installation of a new glazed aluminium entrance screen with recess.

Development Plan

The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000 and can therefore be assessed in terms of Local Plan policies.

The Northern Area Local Plan includes the site within an area covered by Mixed Use Policy DCI which seeks to encourage a mixture of residential and commercial uses in such areas.

On the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) the site is zoned as Established Commercial Uses and policies CS2 (Established Commercial Uses), RTLI 1 (Bad Neighbour Developments) and policy TRI 3 (Assessing the Transport Implications of Development) are relevant to this development.

Consultations and Representations

Transportation Services have been consulted and advised against the proposal as the access to the site requires to be increased from 3.6 metres to 5 metres minimum width to allow vehicles to enter and leave the site simultaneously. A turning head to commercial standards requires to be provided within the site to allow all vehicles utilising the site to enter and leave in

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forward gear, an area separate from the customer parking requires to be provided for service vehicles within the site and two of the parking bays are required to be moved so it would not conflict vehicle manoeuvres.

3.2 Protective Services have been consulted and have no objections subject to any construction work associated with the development being within recommended guidelines.

3.3 Scottish Water were consulted and object to the application. They have advised that there are contraints on the waste water network system in the area. The would, however, remove their objection if the developer can demonstrate that the development would not have an impact on Scottish Waters assets . . or that suitable infrastructure can be put in place to support the development.

Following the standard neighbour notification and public advertisement procedures one letter of objection was received from the Carfin Community Council. However the site referred to in the objection letter was in regard to the “Carfin Vaults” public house on Motherwell Road and the application site is “Carrigans” public house and snooker club on Motherwell Road. They have also objected on the site being within a Green Belt area, however this policy is not relevant to this site. At present there has been no planning application submitted for the “Carfin Vaults” public house to be changed into a licensed bookmakers. This suggests that the objections were based on the misconception of the wrong site.

3.4

4. Planninn Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. The proposals require to be assessed under the terms of the development plan and any other relevant material considerations. In terms of The Northern Area Local Plan the site is within an area covered by Mixed Use Policy DCI which seeks to encourage a mixture of residential and commercial uses in such areas. Subject to there being no overriding highway, safety or environmental reasons for refusal of a development the proposal is considered to accord with this policy.

4.2 The proposal also requires to be in accordance with Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005). The site is zoned as Established Community Facilities and policies CS2 (Established Community Facilities), RTLI 1 (Bad Neighbour Developments) and TRI 3 (Assessing the Transport Implications of Development) are relevant to this development.

4.3 Policy CS2 seeks to protect established Community Facilities by improving the quality of Council operated facilities, resisting the loss of established Community Facilities where a shortfall in provision for that locality will result. Given that a commercial development has been established at this site for many years and that it has not been used as a community facility as defined by the above policy, it is considered that the proposed development will not undermine the aims of local plan policy CS2. In addition to this given that the hours of operation are in fact reduced from the existing use of public house it is considered that a licensed bookmakers will have a less adverse affect on the adjacent residential area and the existing community facilities which are provided within the surrounding area. Thus, the change of use from a public house to a licensed bookmakers is considered acceptable at this location in terms of policy CS2.

4.4 Policy RTL l l seeks to locate developments such as public houses and other bad neighbour developments within Town Centres and/or Secondary Village or Neighbourhood Commercial Areas. Proposals are assessed on their potential impact on the character of the surrounding environment. Those which conflict with the surrounding environment causing nuisance through noise, smells or litter; are visually intrusive, result in traffic congestion, create a road safety hazard, have unsociable hours of operation, or do not satisfy parking requirements will generally be opposed. Although it is considered that bad neighbour developments should be directed to

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Town Centres and/or Secondary Village or Neighbourhood Commercial Areas, granting planning permission for a licensed bookmakers at this location would not be detrimental to the surrounding area given that there has been a public house and snooker hall already established at these premises. Given that the bookmakers will not be opened later than 10pm in the summer months and will operate similar opening hours as any retail shop during winter months it is considered that this proposal would not be detrimental to the surrounding area. Given that there is an existing shop and post office adjacent to the proposal a retail use is already established within the immediate vicinity. It is also considered that the proposal would not generate any additional traffic and is unlikely to increase activity levels during evening hours. Therefore the development is considered to comply with local plan policy RTLI 1 in that such a development would not cause any additional detriment to the character of the surrounding environment.

4.5 Policy TR13 ‘Assessing the Transport Implications of Development‘ requires account to be taken of criteria including: the impact of development on road traffic circulation, road safety and provision made for access, parking and vehicle manoeuvring. As part of the proposal, 10 car parking spaces are provided, 7 of which are for customers and 3 are in a secured parking area for staff of the bookmakers. The concerns expressed by the Transportation Team Leader in relation to the site access, lack of turning facilities and parking layout are noted. However, these parking areas have been used for many years and the premises have been utilised in the past on this basis. Furthermore, there will be little impact on parking in the long-term as cars will be parked for a relatively short time due to the nature of the business. In addition, the modest numbers of staff and varying shift patterns dictates that there will also be minimal impact on parking from the staff. I am therefore satisfied that, while the situation is not ideal, the development will not have a significant detrimental impact on road safety and will not have a detrimental impact on the current parking situation.

In regard to Scottish Water comments given the building is in use at present on the second floor and previously on the ground floor it is considered that there is sufficient infrastructure to support the proposed development.

4.6

4.7 In terms of the objection received from Carfin Community Council, as the site address is incorrect the objection is not relevant to this application. However the main concerns were the effect on parking provision at ‘Carfin Vaults’ and the possible impact on the Green Belt and anti social behaviour in relation to such a development. In regard to parking provision this has been justified in paragraph 4.5 and there will be no detrimental effect to the Green Belt. In addition to this anti-social behaviour is a matter to be dealt with by the enforcing authorities, namely the police, not the Planning Authority.

4.8 As detailed above the proposed change of use from public house to license bookmakers is considered to be acceptable in relation to Local Plan Policies CS2, RTLII and TR13. It is considered that the impact of the development on surrounding neighbours will be of marginal significance given the current use of the site as a public house and snooker club. In conclusion, taking into account the development plan and all material considerations including public concerns, I recommended that planning permission be granted subject to conditions.

Page 117: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

Application No:

Date Registered:

Applicant:

Agent

Development :

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

15th June 2006

Driving Standards Agency Lismore House 127 George Street Edinburgh EH2 4JN

Graham & Sibbald 11 Manor Place Edinburgh EH3 7DL

Change of Use from Retail (Class 1) to Driving Test Centre (Class 2)

298 Caledonian Road Wishaw North Lanarkshire ML2 OHY

14 Pather And Gowkthrapple

279239654623

S/PL/B10/12 (141)/CM/MM

Councillor John F McGhee

The Burgh of Motherwell and Wishaw Development Plan 1953 zones the development site as an area primarily for residential use.

On the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) the site is zoned as an Established Housing Area and policies HSG 8 (Established Housing Areas), RTL 1 (Retail Development) RTL 7 (Office Development (Class 2)), RTL 8 (Assessing Applications for Class 2 Office Development) and policy TRI 3 (Assessing the Transport Implications of Development) are relevant to this development.

Contrary to Development Plan: Yes

Consultations: None

Representations: 2 Letters of Representation and 1 petition with 6 signatories

Newspaper Advertisement: Not Required

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Page 119: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

Recommendation: Refuse for the Following Reasons:-

1. That the proposed development would be detrimental to road safety at this location close to a busy junction, owing to the inadequate provision of car parking spaces which is likely to result in additional on-street parking. As such, the proposal is contrary to Policies RTL8 and TR13 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005).

That the proposed location for this development is outwith the Council's preferred areas for Class 2 offices, and would be incompatible with and detrimental to the amenity of surrounding uses in this predominantly residential area. The proposed development is therefore contrary to Policies RTL7, RTL8 and HSG8 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005).

2.

Background Papers:

Application form and plans received 31 st May 2006

Memo from Transportation Manager received 1 gth Julx 2006 Memo from Head Of Protective Services received 19' July 2006 Letter from Fiona Gray, 18 Alexander Street, Wishaw, ML2 OHA received 14th June 2006. Letter from Thomas Kilgour, 1 Alexander Street, Wishaw, ML2 OHA received 23rd June 2006. Petition with six signatories received from J Reid, 278 Caledonian Road, Wishaw, North Lanarkshire, ML2 OHY received 27th June 2006.

Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) The Burgh of Motherwell and Wishaw Development Plan 1953

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01698 302136.

Date: 20 July 2006

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APPLICATION NO. S/06/00956/FUL

REPORT

1.

1 .I

1.2

1.3

2.

2.1

2.2

2.3

3.

3.1

3.2

3.3

Description of Site and Proposal

Planning permission is being sought for a change of use of a Class 1 vacant retail unit to a Class 2 Driving Test Centre at 298 Caledonian Road, Wishaw.

The site is located within a group of neighbourhood shops with an otherwise predominantly residential area. The building comprises of four commercial units facing onto Caledonian Road with flatted dwellings above. There are two-storey flatted dwellinghouses with mono pitched roofs which project above the flat roof scape at either end of the commercial block. The other units consist of a large licensed grocers, a sewing shop and a laundrette. The windows at the frontage of the vacant unit are covered by solid, galvanised, grey security shutters. There is a Council car park to the rear of the building which serves all four units and the residential properties. There are also eleven private garages which are for residents use only.

The intended hours of operation are 8am to 4.30pm Monday to Saturday. However if demand for driving tests is high the applicant may want to complete evening tests in the summer months during the week until 6.30pm. At any one time there will be a maximum of five employees, all driving test instructors, who will each carry out approximately seven tests per day, with each test lasting approximately 45 minutes.

Development Plan

The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000 and can therefore be assessed in terms of Local Plan policies.

The site is zoned as residential in the Burgh of Motherwell and Wishaw Development Plan 1953.

On the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) the site is zoned as an Established Housing Area and policies HSG 8 (Established Housing Areas), RTL 1 (Retail Development) RTL 7 (Office Development (Class 2)), RTL 8 (Assessing Applications for Class 2 Office Development) and TR13 (Assessing the Transport Implications of Development) are relevant to this development.

Consultations and Representations

Protective Services have been consulted have no objections subject to noise levels associated with the completed development are within recommended guidelines and that any construction work associated with the development is within recommended guidelines.

Transportation Section have been consulted and have advised that the junction at Caledonian Road and Alexander Street is scheduled to be upgraded to a 28m ICD roundabout to increase the capacity of the junction to facilitate the new Tesco Development at Dundyvan Road. Given that parking is already at a premium at this location and the granting of this application would exacerbate the current situation and seriously affect the capacity of the new roundabout and would therefore recommend refusing this proposal.

Following the standard neighbour notification and public advertisement procedures two letters of objection and one petition with six signatories was received. The main reasons for objection are as follows:

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4.

4.1

4.2

4.3

There are only 4 spaces to the rear of the building which are for the resident’s use only, if employees and patrons of the Driving School use these spaces there will be no parking for the residents. If residents could not park to the rear of the building this may cause residents to make two or more trips to their cars when grocery shopping. There are also parking problems with neighbouring businesses using the car park for vehicles associated with their business. There have been problems in the past with cars parking in front of the garages to the rear of the building which has resulted in residents having problems entering and exiting their garages. As a result of anti social behaviour a gate has been installed to the rear of the building and if cars are parked in front of this gate it will block residents access. Caledonian Road junction with Alexander Street is an extremely busy junction and probably not the best starting point for a driving test. In addition to this the increased number of cars parked in close proximity to this junction would lead to serious congestion. Access to the service area to the shops on Caledonian Road is also located in this area and increased parking would be hazardous.

Plannina Assessment and Conclusions

The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. The proposals require to be assessed under the terms of the development plan and any other relevant material considerations. The Burgh of Motherwell and Wishaw Development Plan 1953 zones the development site as an area primarily for residential use. The residential zoning reflects the nature of the surrounding area. The site is part of a group of shops and the application site has no history of residential use. The use of the site for class 2 is considered in more detail in relation to the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005).

The proposal also requires to be in accordance with The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005). The site is zoned as an Established Housing Area and Policies HSG 8 (Established Housing Areas), RTL 1 (Retail Development) RTL 7 (Office Development (Class 2)), RTL 8 (Assessing Applications for Class 2 Office Development) and TRI 3 (Assessing the Transport Implications of Development) are relevant to this development.

Policy HSG8 seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas. Although both commercial units and residential properties have been established at this site for many years it is considered that the proposed development would undermine the aims of local plan policy HSG8. It is considered that the proposed development will adversely affect the amenity of the established housing due to the shortage of parking facilities. Although the hours of operation are in fact similar to those associated with its current permitted use as a Class 1 shop, which are generally acceptable within a predominantly residential area, a Class 2 office use would increase traffic into an area where there is already inadequate parking and access arrangements. The car park to the rear does not have road markings and therefore there are no formalised parking bays. Given that there is an inadequate amount of parking within the site and it is considered that this is likely to encourage on street parking on this very busy section of Caledonian Road. The on-street parking is likely to cause an obstruction to the traffic flow which in turn will adversely affect general road safety and adversely affect the character and amenity of the surrounding residential area. Its present use as a local shop would have attracted custom from local residents who would most likely have walked as opposed to travelling by car. The increase in vehicular traffic at this site would therefore also be likely to bring increased levels of noise and disturbance and additional on street parking, to the detriment of the amenity of the surrounding residents and the proposal would therefore be contrary to the aims of policy HSG8.

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4.4 Policy RTL 7 (Office Development, Class 2) states that the Council should seek to encourage Class 2 office development within or adjacent to the established town centres of Motherwell, Wishaw and Bellshill. Proposals for office development outwith these areas will be acceptable only where proposals serve a particular local need and are compatible with adjoining land uses. In addition, RTL 8 (Assessing Applications for Class 2 Office Development) sets out criteria for determining applications for Class 2 developments. The Council will consider, amongst other things: the suitability and impact of the proposal on the character and amenity of adjoining properties and the surrounding environment; detailed design elements such as access for pedestrians; and the provisions made for vehicular access, parking, and the impact of the proposal on pedestrian safety and traffic circulation. Given that the site is not defined as a town centre, or a secondary, village or neighbourhood commercial area and taking into account the proximity of nearby residential properties I consider this to be an inappropriate site for a Class 2 office use. In addition there has been no evidence submitted to support that there is an absence of office premises within suitable zoned locations for this type of development and I remain unconvinced that this is the case. In terms of the retail policies of the local plan, the proposal does not comply with policies RTLI, RTL7 and RTL8. The traffic issues relating to the proposal will be considered under policy TRI 3.

4.5 Policy TR13 “Assessing the Transport Implications of Development” requires account to be taken of criteria including: the impact of development on road traffic circulation, road safety and provision made for access, parking and vehicle manoeuvring. As there is inadequate parking provision for this proposal it is considered that additional on-street parking in front of the test centre is likely to occur. There are already problems of this nature in the locality, and Imetre high pedestrian safety barriers and a traffic island have been installed on Caledonian Road in front of the site. Although the existing Council car park to the rear of the property has been used for many years in association with the premises, the access arrangements to afford two-way passage of vehicles at the Alexander Street junction is inadequate. Any on street parking at either Caledonian Road or Alexander Street is likely to affect the proper operation of the roundabout. It should be noted that this roundabout is to be upgraded and enlarged to facilitate the increased traffic that will use this route to the proposed Tesco at Dundyvan Road. The increased vehicular traffic caused as a result of this development would therefore be detrimental to traffic circulation and road safety.

4.6 In regard to the objections received these are addressed as follow: (1) The parking concerns raised have been addressed in paragraph 4.5 above and it is

considered that the proposal is contrary to local plan policy HG8 and RTL7, RTL8 and TR13. The Transportation Section have advised against the proposal due to the lack of any dedicated parking provision for the proposal, which would encourage short term parking on the roads around the site, and the inadequate access to the rear parking area in such close proximity to an existing junction. It is accepted that such a development at this location is likely to cause an unacceptable level of traffic congestion and on street parking all to the detriment of highway safety.

(2&3) It is accepted that due to the inadequate parking provision at present a development of this type is likely to cause an unacceptable level of traffic congestion to the rear of the building and may cause access problems for residents entering their property.

(4) It is agreed that the junction at Caledonian Road and Alexander Street is busy and that congestion would be worsened by the proposed development. The site is not considered suitable for the proposed use, for reasons explained in paragraphs 4.5.

4.7 In conclusion it is considered that the proposal is contrary to policies HSG8 (Established Housing Areas), RTLI (Retail Development), RTL 7 (Office Development (Class 2)), RTL 8 (Assessing Applications for Class 2 Office Development), and TR13 (Assessing the Transportation Implications of Development) of the Southern Area Local Plan Finalised Draft, in that the development site is not located within any defined centre, that it would be detrimental to

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the character and amenity of the surrounding residential area, and that it would be detrimental to road safety.

Page 124: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

Application No:

Date Registered:

Applicant :

Agent

Development:

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

27th June 2006

Punch Taverns Jubilee House Second Avenue Staffs DE14 2WF

Mast Architecture And Design Ltd Park Lane House 47 Broad Street Glasgow G40 2QW

Change of Use to Form Beer GardenlSmoking Area to the Front and Smoking Area to Side with AwningslCanopies to Side and Front of Public House (Retrospective)

The Electric Bar 291 Airbles Road Motherwell North Lanarkshire MLI 3AW

11 Watsonville Councillor Alan Valentine

274990 6561 67

SIPLIBFMII (c)LC/MM

06/01 OOGIADV Erection of Signage - To be determined

The site is zoned as areas for primarily for business use within the Burgh of Motherwell and Wishaw Development Plan 1953. The site is zoned in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) as Other Commercial Uses and policies RTL9 (Other Commercial Uses), RTLI 1 (Bad Neighbour Development) and policy TR13 (Assessing the Transport Implications of Development) are relevant to this development.

Contrary to Development Plan: No

Consultations: None

Representations: None

Newspaper Advertisement: Advertised on 6th July 2006

Page 125: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

PLANNING APPLICATION No. S / 06 I00976 / FUL M* Lam*ch,rs Counm, Pannlngand Eiu~mnmenf Hdildqmne. S4UeSO1 Fkmingkura 2TwBRmd WMBWWULD 087 I JW

T e l a p h a O I t l D 61QqO Far 01231(11e131

c6 Llanca 1mmm 2 M 1

CHANGE OF USE TO FORM BEER GARDEN /SMOKING AREA TO THE FRONT AND SMOKING AREA TO THE SIDE

THE ELECTRIC BAR, 291 AIRBLES ROAD, MOTHERWELL.

A i0PDld hOrntre0,dnuu as., rnPPIR W I h v. p"r,uia dMoa"d*dkrM,* e Snionv an- OCrPncoSI"Lt Uh*IDd..dl*)ndYNm l * i m r C , ~ n ~ w d * ~ u d m * ' r d ' ~ p ~ . r " ' l o n c r i ' n ' X ~ ' ~

Page 126: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

Recommendation: Grant Subject to the Following Conditions:-

1.

2.

3.

4.

5.

6.

That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

That the permission for the change of use to beer gardens hereby granted relates only to the areas of ground indicated as the beer gardens on the approved plans and to no other area within the grounds of the public house.

Reason: To define the use of the land.

That no music shall be played at any time within the beer garden.

Reason: To protect the amenity of nearby residents.

That the permission granted for the awnings shall be for a temporary period of five years from the date of this permission.

Reason: In the interests of visual amenity of the area.

That before the replacement awnings are installed, full details of these shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail.

That before the beer gardenlsmoking areas are brought into use, double doors shall be provided at the entrancelexit doors marked BLUE on approved plans, in accordance with a scheme to be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To protect the amenity of nearby residents.

Background Papers:

Application form and plans received 5th June 2006

Memo from Transportation Manager received 7'h July 2006 Memo from Head Of Protective Services received lgth July 2006

Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) Burgh of Motherwell and Wishaw Development Plan 1953

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01698 302136.

Date: 20 July 2006

Page 127: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

APPLICATION NO. S/06/00978/FUL

REPORT

I. Description of Site and Proposal

1 .I Planning permission is sought for the formation of a beer gardenkmoking area to the front and smoking area to the side of The Electric Bar at 291 Airbles Road, Motherwell.

1.2 The Electric Bar, which has been in existence for many years, faces onto Airbles Road which is a busy dual carriageway and acts as a barrier from the dwellinghouses opposite on Avon Street. Mature planting is evident along the boundary of the public house which provides effective screening to neighbouring properties. The boundary of the public house is triangular in shape and presents a broad frontage to Airbles Road to the north. The Club itself is largely single storey with a two storey elevation to the east side of the building. Vehicular access is located at the north western corner of the site and leads to a large car parking area to the rear and this access also used by the owners of the four garages which are sited to the rear of the public house.

1.3 The building pattern in the immediate vicinity of the site is arranged on a perpendicular format with the Public house and residential properties to the west facing onto Airbles Road and the residential properties to the south west facing towards Airbles Drive. However the dwellinghouses to the west facing onto Airbles Road are set further forward and sit at a higher level than the pubic house whilst the dwellinghouses to the south west are at a lower level and face away form the development. Due to the triangular shaped boundary and the position of the building its east side boundary has a 2 metre mesh fence with rail tracks set at a lower level. The rear of the boundary has mature planting and vegetation, which acts which acts as a visual barrier from the rail tracks.

1.4 The proposal includes the formation of a beer gardenkmoking area to the front of the public house with eight picnic style tables, each with individual canopies which will be sited along the northern side of the public house. There are two small distinct gardens to the front of the public house, however only the one further east will be used as a beer garden. The beer garden measures 9.4 (length) by 6.5 (width) with a proposed low level picket style fence around the perimeter of the beer garden. This area will be accessible from the front site entrance which also benefits from shrubs and bushes along the front boundary line. The smoking area to the west side of the building will consist of two retractable canopies. At present there are two temporary retractable canopies to the west side of the building, which project 1.2 metres from the building wall. There is a small canopy to the front entrance of the public house. All three canopies are red in colour however these will be replaced with black canopies, if planning permission is granted.

2. Development Plan

2.1 The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000 and can therefore be assessed in terms of Local Plan policies.

2.2 The site is zoned as areas for primarily for business use within the Burgh of Motherwell and Wishaw Development Plan 1953.

2.3 On the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) the site is zoned as Other Commercial Uses and policies RTL9 (Other Commercial Uses), RTLI 1 (Bad Neighbour Developments) and policy TR13 (Assessing the Transport Implications of Development) are relevant to this development.

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3.

3.1

3.2

3.3

4.

4.1

4.2

4.3

Consultations and Representations

Protective Services have been consulted and recommended that no piped music is allowed to the canopy covered area, the use of the area be limited to 10pm and that double doors be incorporated at the entrance to the area to minimise transmission of music outdoors. They have also advised that any construction work and dust emission associated with the development is within recommended guidelines.

Transportation Section raised no objections to the proposal.

Following the standard neighbour notification and public advertisement procedures no objections were received.

Planninn Assessment and Conclusions

The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. The proposals require to be assessed under the terms of the development plan and any other relevant material considerations. The Burgh of Motherwell and W ishaw Development Plan 1953 zones the development site as an area primarily for business use. The existing use of a public house is not detrimental to the area and therefore the addition of the proposed beer gardenlsmoking areas accords with this policy.

The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) zones the site as Other Commercial Uses. Policy RTL9 “Other Commercial Uses” of the emerging plan indicates that the Council will accept the continuation of such uses and while any changes of use or proposed new uses will be considered in light of the other policies contained within the Local Plan, particular regard will be given to their potential compatibility with surrounding land uses. Given that The Electric Bar has been established at this site for many years the beer garden and smoking areas are acceptable in principle. The proposed developments pose relatively discrete additions, with the nearest dwellinghouse located approximately 30 metres on the west side of the proposed beer garden and approximately 20 metres from the smoking area and with the existing adequate screening, it is considered that the proposed development will not adversely affect the existing setting. Its effect should be localised only within the immediate commercial environment given that the residential properties benefit from adequate screening from planting and fencing. Furthermore, conditions are recommended restricting the use of the area as a beer gardenlsmoking area to those specific areas identified on the approved plans and no piped music shall be allowed at any time. Overall, the detached location, lower ground level and thick perimeter screen planting of the Public house ensures that the juxtaposition of this commercial operation is reconciled comfortably alongside residential neighbours. Thus, the addition of a beer garden/smoking area as an ancillary facility to an established public house is considered acceptable at this location and will not have a detrimental effect on the surrounding area.

Policy RTLI 1 “Bad Neighbour Developments” seeks to locate such developments within Town Centres and/or Secondary Village or Neighbourhood Commercial Areas. Proposals are assessed on their potential impact on the character of the surrounding environment, with developments expected to complement the existing streetscape. In relation to Policy RTLI 1, it is considered that the relevant determining factors are whether the beer gardedsmoking areas are acceptable in terms of their location, design and effect on the adjoining neighbours. As indicated above the location, design and size of the beer gardenlsmoking area poses complementary discrete additions to the public house building and they would also be well screened by existing vegetation and fencing. As the public house has been established for many years it is considered that there would be no significant increase in fumes, noise or

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general disturbance from the proposed beer gardenlsmoking area. Thus, the proposal is held to comply with policy RTLI 1.

4.4 Policy TR13 “Assessing the Transport Implications of Development” requires account to be taken of criteria including: the impact of development on road traffic circulation, road safety and provision made for access, parking and vehicle manoeuvring. The beer gardenlsmoking areas do not encroach upon parking bays thus it is held that parking, vehicular access and circulation arrangements will remain unaffected. The Transportation Section have no objections to the proposal. Thus, the proposal also accords with policy TR13.

4.5 In regard the comments received from Protective Services a condition has been set advising that at all times no music shall be played within the beer garden area and the installation of double doors at both entrance/exit doors to the beer gardenlsmoking areas. However in regard to the time limit and dust emissions these is not a relevant planning considerations and any condition relating to this would be considered in planning terms as unreasonable. In regard to construction regulations the applicant has been advised of this.

As detailed above the proposed external beer gardedsmoking areas at this long established public house are considered to be in accordance with Local Plan Policies RTLS, RTLII and TR13. The design of the proposals are acceptable and the impact of the development on surrounding neighbours is considered to be of marginal significance given the current use of the site as a social club. In summary, it is considered that taking into account the development plan and all material considerations, I recommended that planning permission be granted subject to conditions.

4.6

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Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

S/06/00981 /FUL

16th June 2006

T-Mobile (UK) Ltd Clo Agent

Stappard Howes 122 Dundyvan Road Coatbridge ML5 1DE

Installation of 3 no 2G Antennae, The Relocation of 3 no 3G Antennae on Existing Tower, and The Installation of One Additional Equipment Cabinet

57 Roundknowe Road Uddingston Glasgow North Lanarkshire G71 6NG

21 Tannochside - Councillor David Saunders

1268538662298

SIPLIBI9I72ILCIMM

S/02/00406/FUL for the Erection of Telecommunications Mast and Associated Equipment to the North-East of this application site was granted at Committee on the 23" May 2002. In this instance, the applicant was Hutchison 3G UK

S/04/00978/FUL for the Installation of 15m Telegraph Pole Style Mast and Equipment Cabins with a Compound was granted at Committee on 20th August 2004. The applicant in this case was T- Mobile, and this is the mast affected by this application.

The site is zoned as Major Private Open Space in the Uddingston and Tannochside Town Map 1973.

The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as ENV6 (Green Belt)

Contrary to Development Plan: No

Consultations: None required

Representations: None received

Newspaper Advertisement: Not Required

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Olderbraei GeKCoune

Application I Site ,,J

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Recommendation:

1.

Grant Subject to the Following Conditions:-

That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That in the event that the telecommunications equipment, supporting structure or the apparatus within the site becomes redundant it must be removed to the satisfaction of the Planning Authority within one month of becoming redundant. If the site ceases to be used for telecommunications transmission, it must be reinstated to the satisfaction of the Planning Authority within six months of cessation.

Reason: To minimise the level of visual intrusion and to ensure the reinstatement of the site to a satisfactory standard.

Background Papers:

Application form and plans received 6th June 2006

Uddingston and Tannochside Town Map 1973 Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mrs Lesley Carus at 01698 302142.

Date: 18 July 2006

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APPLICATION NO. S/06/00981/FUL

REPORT

1.

1 .I

1.2

1.3

2.

2.1

2.2

3.

3.1

3.2

4.

4.1

4.2

Description of Site and Proposal

The application site lies within the grounds of Calderbraes Golf Club, Roundknowe Road, Uddingston. The golf club is situated at the end of Roundknowe Road, a private road serving Roundknowe Farm and Calderbraes Golf Club. There are a number of tall mature trees around the boundary of the site, and there are 2 existing masts sitting on an elevated position adjacent to the car park. One of the masts was constructed on behalf of Hutchison 3G after permission was granted in 2002, the other belongs to T-Mobile and was constructed in 2004. Both masts are approximately 15 metres in height and finished in timber, with 2 metre high timber fences around the compounds.

This application seeks permission to install 3 additional antennae, relocate 3 existing antennae and install one additional equipment cabinet. These works will be carried out on the existing 15 metre T-Mobile monopole but will not increase the height or width of the monopole. Due to telecommunication legislation, this proposal requires consent since the existing monopole was granted permission and constructed less than 5 years ago, therefore there are no permitted development rights.

The applicant has supplied a supporting statement that indicates the need for additional antennae within this area to meet a shortfall in coverage, which will be of general benefit to business, and domestic users in the area. An ICNIRP compliance certificate was also submitted confirming that the mast is within public health guidelines.

Development Plan

The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000.

The site is zoned as Major Private Open Space in the Uddingston and Tannochside Town Map 1973. The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as ENV6 (Green Belt). Also relevant is Policy CS6 (Telecommunications Developments) of the Southern Area Local Plan.

Consultations and Representations

No consultations required to be carried out in this instance.

Following the standard neighbour notification procedure, no representations were received.

Planninq Assessment and Conclusions

In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be in accordance with the development plan unless material considerations indicate otherwise.

Green Belt Policy ENV 6 states that the Council will safeguard the character and function of the Green Belt by opposing developments which are not related to agriculture, forestry, outdoor leisure, telecommunications or other appropriate rural uses. In principle, therefore, telecommunications developments are acceptable at this location. The design and visual impact

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of the development is considered to be acceptable, and this is discussed in further detail at paragraph 4.4 below. The proposal is considered to comply with Policy ENV 6.

4.3 Policy CS6 indicates that telecommunications developments will be considered using a precautionary approach and will seek to locate such developments outwith densely populated areas or areas where there are sensitive uses. Proposals should be sited and designed to minimise the visual impact of the apparatus. The policy outlines the following criteria which should be taken into account when considering applications for telecommunications equipment:

e

e

e

0

The proximity of the equipment to housing or public buildings; The design and visual impact of the apparatus; The extent to which more suitable alternative sites exist; The scope for sharing existing facilities, buildings and other suitable structures.

4.4 The nearest residential properties lie approximately 200 metres to the west of the site, and due to the northern aspect and orientation of these properties, no windows will look directly on to the mast. Furthermore, the proposed additional antennae will not adversely affect any visual amenity of the golf club or surrounding area due to the minor nature of the proposal. The proposed antennae will not be highly visible and would be sited on the mast adjacent to mature trees and therefore the design and visual impact of the antennae are acceptable. The additional equipment cabinet will not be visible since it will be situated behind the existing 2 metre high timber screen fence. The development is considered to be acceptable in terms of Policy CS 6.

4.5 NPPG 19 and PAN 62 provides support for telecommunications development where the applicants have demonstrated the ability to carefully consider the siting and design options, and where the possible environmental effects have been minimised. It indicates that where the applicant has taken all these factors into consideration, refusal is unlikely to be warranted. The applicant has satisfied the criteria set out in both NPPG 19 and PAN 62.

The applicant has provided a supporting statement relating to the additional antennae and this site was chosen to provide the appropriate network coverage. Overall, the proposal is in accordance with all relevant national planning policy and the applicant has submitted the ICNIRP compliance certificate.

4.6

4.7 In conclusion, the proposal has been assessed against the criteria of Policies ENV 6 and CS 6 (Telecommunications Development) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) and it was found to be acceptable in terms of location and design and it will not significantly impact on the Green Belt or the amenity of the adjacent areas. The proposed development is in accordance with national policy guidance in PAN 62 and NPPG 19 Radio Telecommunications, and meets the criteria stipulated in local plan policy CS6. Taking into account the development plan and all material considerations including national and local policies, planning permission should be granted in this case.

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Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

S1061009861F U L

6th June 2006

Talk Of The Town 230 Station Road Shotts ML7 4AW

Dalziel Design Architects 136 Coursington Road Motherwell MLI 1PW

3 Storey Rear Extension to Public House to Form a Disco, Youth Facility, Function Suite, 15 New Bedrooms, Ancillary Facilities, and Amendment to Car Parking

230 Station Road Shotts ML7 4AW

18 Dykehead Councillor James Robertson

286870659976

S/PL/B/17/48/EMIMM

None

The site is zoned within an area of mixed land use in the Shotts Local Plan 1982.

The site is covered by Policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policies RTL 11 (Assessing Applications for Bad Neighbour Development), RTL 10 (Design Guidance for Commercial Frontages), HSG 8 (Established Housing Areas) and TR 13 (Assessing the Transport Implications of Development) are also relevant.

Contrary to Development Plan: No

Consultations: Scottish Water SEPA British Gas

(Objection) (Objection) (Com ments)

Representations: None

Newspaper Advertisement: Advertised on 14th June 2006

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997

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2. That before the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail and to protect the visual amenity and character of the surrounding area.

3. That before the development hereby permitted starts, full details of the proposed boundary treatment for the site shall be submitted to, and approved in writing by the Planning Authority, and this boundary treatment shall be completed prior to any part of the new built development being brought into use.

Reason: To enable the planning Authority to consider these aspects in detail, and to protect the amenity of the surrounding area.

4. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants) shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority and development shall not be commenced until confirmation has been supplied from a suitably qualified person that these works have been completed.

Reason: To ensure the site is free of contamination.

5. That before the development hereby permitted is commenced full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and approved in writing by Planning Authority, and for the avoidance of doubt the scheme requires to be approved by Scottish Water and the Scottish Environment Protection Agency in terms of their principles of Sustainable Urban Drainage Systems. Should this result in any amendments to the approved layout then a revised application will require to be submitted.

Reason: To enable the Planning Authority to consider these aspects in detail and to safeguard the amenity of the area, to prevent groundwater pollution and to ensure that the proposed drainage system complies with the latest Scottish Water and SEPA guidance.

6. That before the development hereby permitted starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met to demonstrate that the development will not have an impact on their assets and that suitable infrastructure can be put in place to support the development.

Reason: To ensure that there is sufficient capacity in the sewerage and water supply systems to allow the development to proceed.

7. That before the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and

(c) a time table for the implementation of these works. size of trees and shrubs to be planted;

Reason: To enable the Planning Authority to consider these aspects in detail.

8. That all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 7 above shall be completed in accordance with the approved timetable and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the planting, shall be

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replaced within the following year with others of a similar size and species.

9.

10.

11.

11.

12.

Reason: To ensure the proper implementation of the landscaping scheme.

That prior to the commencement of development, a detailed scheme of proposed measures for the sound insulation of the extended building shall be submitted to and approved in writing by the Planning Authority, which shall include details of a lobby entrance to the proposed youth facility wing. Before any part of the development is brought into use, written confirmation shall be provided from a suitably qualified person that these mitigation measures have been completed.

Reason: In order to protect the amenity of nearby residents.

The design, installation and operation of any air conditioninglventilation or other plant for the proposed development and any other noise associated with the development shall be such as will not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 20.00 hours and NRC 25 at all other times

Reason: In order to protect the amenity of nearby residents.

That before the development hereby permitted is occupied, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

Reason: To ensure the provision of adequate parking facilities within the site.

That a detailed drawing showing the bin store location and boundary enclosure shall be submitted to and approved in writing by the Planning Authority, prior to the start of the approved works.

Reason: In the interests of amenity and as these details have not yet been submitted.

That no approval is yet given to the louvres shown on the first and second floor northwest elevation drawings (but not on the plan drawings) and further details of the proposed mechanical ventilation of the extension shall be submitted to and approved in writing by the Planning Authority, together with the details required by Conditions 9 and 10 above, prior to the commencement of development.

Reason: In the interests of amenity and as details have not yet been satisfactorily submitted.

Background Papers:

Application form and plans received 6th June 2006 and amended plans received 12th July 2006 Memo from Transportation Manager received 12th July 2006 Memo from Geotechnical Team Leader received 28th June 2006 Memo from Head of Protective Services received 4th July 2006 Letter from Scottish Water received 26th June 2006 Letter from SEPA received 21 st July 2006 Letter from British Gas received 22nd June 2006

Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) NPPG8 Town Centres and Retailing 1998 PAN52 Planning in Small Towns 1997 PAN59 Improving Town Centres 1999

Any person wishing to inspect these documents should contact Mr E. McLennaghan at 01698 302137. Date: 21 July 2006

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APPLICATION NO. S/06/00986/FUL

REPORT

1.

1 .I

1.2

2.

2.1

2.2

3.

3.1

3.2

3.3

Description of Site and Proposal

Planning permission is sought for a 3 storey rear extension to an existing public house to form a disco, function suite, 15 bedrooms and ancillary facilities, together with a youth facility single storey side extension and amendment to car parking at “The Talk of the Town” 230 Station Road, Shotts. The application site is located in the heart of Shotts and is surrounded by a mixture of uses that include a vacant retail unit to the north (which has recently received planning consent for a change of use to a Betting Office) retail, office, and residential properties in the surrounding area.

It is proposed to extend the existing public house to the rear with a 3 storey block extending 32 metres behind the existing building by 7 metres wide, with an additional 1.7 metre width for a 3 storey stairwell. The extension will incorporate two new entrances one for the disco and one for the hotel and function suite which can be accessed from Station Road along the side of the existing public house. In addition a single storey youth facility element measuring 12 metres deep by 6 metres wide is proposed on the southeast side of the new block with its own separate entrance accessed from the rear parking area. The development proposes to use the existing access at the northwest frontage of the site, together with parking for 29 vehicles and a turning facility for delivery trucks within the site.

Development Plan

This application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

The site lies within an area of mixed land use in the Shotts Local Plan 1982. It is covered by RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005). Policy RTL 11 (Assessing Applications for Bad Neighbour Development), RTL 10 (Design Guidance for Commercial Frontages), HSG 8 (Established Housing Areas) and Policy TR 13 (Assessing the Transport Implications of Development) of this local plan are also relevant.

Consultations and Representations

My Transportation Section has recommended refusal of this application as it is not possible to provide the 65 parking spaces they require, and as the commercial vehicle turning and unloading area is not segregated from the parking area.

My Pollution Control Team Leader has no objections subject to conditions requiring a site investigation report and remedial measures if necessary, the limiting of noise levels including from any air conditioning and ventilation system and a condition requiring a scheme of sound insulation measures to be approved and implemented. He has also made comments regarding hours of construction and best practice with respect to dust suppression measures.

My Geotechnical Team Leader notes that no information in respect of foul and surface water drainage has been submitted for the site, and requested that a Drainage Assessment (DA) should be submitted to the Planning Authority. Scottish Water and SEPA have objected to the application on the grounds of that there are capacity issues at Shotts Wastewater Treatment Works. However they will withdraw the objection if the applicant can demonstrate that there will not be an impact on Scottish Water’s assets and that suitable water infrastructure can be put in place to support the development. A totally separate SUDS and surface water drainage scheme to serve the development is also required. Transco have no objection to the proposal but have noted that it may be necessary to protect/divert plant at the applicant‘s cost.

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4. Planning Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

4.2 The first relevant local plan policy in determining this application is Policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) of the Southern Area Local Plan Finalised Draft. This policy seeks to encourage the expansion of Class 1 retail floorspace, but also supports other types of commercial activities including Assembly and Leisure, where the development does not adversely affect the character and amenity of the Commercial Area and accords with the provisions of Policy RTL 11 (Bad Neighbour Developments). Policy RTL 6 also supports the retention and provision of other uses which complement the role and function of the commercial area. The application site is located to the rear of an existing public house within a commercial area and would involve the redevelopment of an unattractive piece of ground to the rear. It is considered that the extension to the public house to form a disco, youth facility, function suite, 15 bedrooms, ancillary facilities, and amendment to car parking is acceptable in principle. It is considered that the development can be accommodated without adversely affecting the character and amenity of the commercial area, as will be discussed in further detail below. It would provide an extension to an existing established business within the commercial area and be in keeping with the character of other units within the area.

Policy RTL 11 (Bad Neighbour Developments) in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) is also a material consideration in the determination of this application. This policy states that Town Centre Areas, Secondary, Village or Neighbourhood Commercial Areas are the preferred location for such uses and sets out the criteria for assessing potential bad neighbour developments, which are (1) the impact on the character and amenity of the surrounding area, (2) the resultant mix of retail and non-retail, (3) design issues including access for disabled people, and (4) the provision for vehicle access and parking. Policy RTL 11 and its associated text at paragraph 5.94 considers the impact on the surrounding environment, in particular by noise, smells or litter, visual intrusion, resultant traffic congestion, creation of road safety hazards, and whether the proposal has unsociable hours of operation. As indicated at paragraph 1 .I above, the application site is that of a public house, an existing bad neighbour development, in the centre of Shotts, which is a preferred location for such developments, in recognition of the fact that there is a degree of noise and disturbance already from existing uses. The current proposal would have similar opening hours to the existing public house. While there are some neighbouring residential properties, notably in Union Street to the northeast of the site, there are no windows proposed for the extension except for hotel bedrooms on the second floor northwest and southeast elevations, and to the stairwells which are situated beyond fire doors. Activity from both vehicular access to the site and the new pedestrian accesses to the proposed extension would be on the Station Road frontage to the site. It is considered that the current proposal should not have such a significant adverse impact on nearby residential properties to warrant refusal of the application, subject to conditions to control the impact of noise. It is considered that there will be no significant effect on the other potential bad neighbour issues of smells, litter or visual intrusion. Road safety, traffic, access and parking issues are discussed in paragraph 4.4 below. I am satisfied that the proposal is compatible with the surrounding land uses, that it will not have any significant effects on the amenity of any neighbouring properties and that it complies with Policy RTL 11.

4.3

4.4 Policy RTL 10 refers to design guidance for commercial frontages. Following the receipt of amended plans which have reduced the roof height of the extension, the new development will be seen to the side and below the height of the existing public house in views from Station Road. I am satisfied with the design of the proposal, subject to a condition on materials. Policy HSG 8 on Established Housing Areas is relevant in assessing the impact of the proposal on the residential properties which adjoin the site to the northeast and again I am satisfied that therewill be no significant impact in view of the 32 metre separation distance, the low hipped roof and that the there are no windows except to the stairwell proposed for the rear elevation.

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4.5 In assessing the transport implications of development, Policy TR13 applies. This policy assesses the proposal against the following transport criteria, (1) the level of traffic generated and its impact on the environment and adjoining land uses, (2) the scope to integrate development proposals with existing public transport facilities, (3) impact of the development on road traffic circulation and road safety, (4) provisions made for access, parking and vehicle manoeuvring, and (5) the extent to which the development promotes “access for all”, particularly for those with impaired mobility. Whilst my Transportation Team Leader has recommended refusal of the application due to a shortfall in parking provision and the unsuitability of servicing and manoeuvring proposals for commercial vehicles, I do not on balance consider that these deficiencies measured against Policy TR 13’s requirements, are sufficient to warrant refusal of the application in this case. The potential impact of traffic generated including on road safety (criteria 1 and 3) is considered acceptable, given that most non-staying customers are not considered likely to arrive by car, and that public transport means including taxis are available (criterion 2). In terms of criterion 4, sufficient parking for the bedrooms and staff is provided, despite an overall deficiency against standards, and it is also relevant that further, public car parking is available nearby; vehicle manoeuvring and servicing proposals, although not ideal, have been demonstrated as able to serve the proposal. The new facilities would also have disabled access (criterion 5) in terms of level entrances and disabled toilets.

In terms of national planning policy guidance, NPPG 8 “Town Centres and Retailing” states that town centres are the focus of a range of commercial and community activities, resulting in a mix of, often interdependent, land uses which contribute to a sense of place and identity. It acknowledges that shopping largely underpins the uses and value of town centres, and makes a significant contribution to their vitality and viability. While it is important to retain retailing as the core function, it is also recognised that other key town centre uses such as Class 2 (Financial, Professional and Other Services) and Class 3 (Food and Drink) contribute to the overall character of the town centre. PAN 52 “Planning in Small Towns” states that vibrant town centres are characterised by a range of uses which encourages activity throughout the day. Pan 59 “Improving Town Centres” also states that a mix of attractions and uses should be encouraged within the town centre. Given that Station Road is predominantly located within an area which houses a mix of non-retail town centre uses, it is considered that the current proposal will be in keeping with the character of the surrounding area and will assist the vitality and viability of the town centre. Furthermore the proposal will utilise an unattractive derelict rear area and it is considered that the redevelopment of this area will serve to improve the overall visual quality of the area. It is therefore considered that the proposal is in accordance with NPPG 8 and also relevant Government advice contained in PAN 59 and PAN 52.

4.6

4.7 With regards to the comments from my Pollution Control Section, planning conditions are recommended to require a site contamination investigation, a scheme of sound insulation proposals to be submitted and agreed, and to address the noise levels including from the air conditioning and ventilation system installed. Additional comments on working hours and dust suppression can be addressed by notes to the applicant.

4.8 With regards to the comments from My Geotechnical Team Leader, in this instance it is considered that the issues raised can be covered by suitable conditions. With regards to the concerns raised in the consultation responses of Scottish Water and SEPA, all matters raised may be addressed through the imposition of suitable planning conditions. Transco’s response may be addressed by a note to the applicant on any consent granted

In conclusion, I consider that in view of the compatibility of the proposal with the surrounding land uses and the site location with a Secondary/Village/Neighbourhood Commercial Area, the proposed change of use complies with Policies RTL 6 and RTL 11 of the Southern Area Local Plan Finalised Draft and national planning policy guidance contained in NPPG 8. Potential noise concerns can be addressed by conditions. Although not fully compliant with Policy TR13 and my Transportation Team Leader’s requirements, I consider that the benefits of the proposed development on under-utilised land in the village centre of Shotts to outweigh these deficiencies in this case. It is therefore recommended that planning permission be granted subject to conditions.

4.9

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Application No:

Date Registered:

Applicant :

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

S/06/00991 /OUT

7th June 2006

James O'Hara 218 Allanton Road Allanton Shotts North Lanarkshire ML7 5AQ

Erection of 2 Dwellinghouses

218 Allanton Road Allanton Shotts North Lanarkshire ML7 5AQ

17 Stane Councillor Frank Gormill

285298657886

S/PL/BF/3/1 3/LM/MM

406/94 (Outline) Erection of 2 Dwellinghouses granted 1 7'h October 1994

The site is zoned as Policy HSG 8 Established Housing Areas in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

No

No external consultations required

None received

Not Required

Recommendation:

1.

Refuse for the Following Reasons:-

That the development would be contrary to Policies HSG 8 and HSG 11 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) in that the proposed dwelling houses would constitute back land development with no site frontage to the detriment of residential amenity and if approved, this application could set an undesirable precedent for other similar back land developments.

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R I D d v d h o m l h O r d n - X i r * * m . p i i ~ r * h fk p.rnl"irnd!hCrn"d,.d hrww 9

Mrh Larahdnm c0un.a Ranningsnd Ervlmnnrnl PLANNING APPLICATION No. S / 06 I00991 / OUT

ERECTION OF TWO DWELLINGHOUSES

218 ALLANTON ROAD, ALLANTON, SHOTS

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Background Papers:

Application form and plans received 7th June 2006

Memo from Transportation Manager received 20th July 2006

Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Ms Laura Murray at 01698 302134.

Date: 20 July 2006

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APPLICATION NO. S/06/00991/0UT

REPORT

1.

1 .I

1.2

2.

2.1

3.

3.1

4.

4.1

4.2

4.3

Description of Site and Proposal

The application seeks outline permission to erect two single detached units within an existing rear garden area of the property at 218 Allanton Road, Allanton. The application site is located within an existing residential area and is surrounded by dwellings to the north, west and east, with an area of farm land to the south at the rear of the site.

It is proposed to use the existing access created for the dwellinghouse at 218 Allanton Road for both plots, which will measure 5.5 metres wide. A new 3 metre access way is to be created for the existing property at number 21 8 on the opposite side of the property.

Development Plan

The site is covered by Policy HSG 8 Established Housing Areas within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policy HSG 11 (Infill Housing Development) and Policy TR 13 (Assessing the Transport Implications of Development) are also relevant to the consideration of this application.

Consultations and Representations

My Transport Section raised no objections to this proposal. Protective Services have yet to respond.

Planninn Assessment and Conclusions

The application raises no strategic issues and therefore only needs to be assessed in terms of the local plan policies. The primary issues to be considered are the compliance with the relevant development plan policies and the effect the proposal will have on the neighbouring properties.

Policies HSG 8 (Established Housing Areas), HSG 11 (Infill Housing Development) and TR 13 (Assessing the Transport Implications of Development) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) are relevant to the consideration of this application. Policy HSG 8 seeks to protect the established character of existing and new housing areas by opposing development, which adversely affects the amenity of Established Housing Areas. Policy HSG 11 requires assessment of the overall impact of a proposal on the character and amenity of the surrounding area; the dimensions of a site relative to the proposed development and associated private garden ground; the effect of infill on garden space, privacy and sunlight received by surrounding properties; consideration is also given to scale, materials, roof heighvpitch, window patterns and the provision of vehicular access and parking arrangements. Policy TR 13 requires a number of criteria be taken into account including; level of traffic generated and its impact on the environment and adjoining land uses, impact of the development on road traffic circulation and road safety and provisions made for access, parking and vehicle manoeuvring.

Regard is also given to North Lanarkshire Councils ‘Developers Guide to Open Space’ which provides guidance with regard to the minimum space standards required for garden areas around new house plots.

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4.4 The total site, including the site of the existing house amounts to some 2286 square metres. It is basically rectangular in shape and, in principle could accommodate adequate garden ground for the two house plots which are the subject of this application as well as the existing house. It is also likely that adequate access and parking provision could be made to accommodate the proposal and existing houses. The addition of house plots will not significantly affect traffic levels on Allanton Road provided turning facilities within the plots are provided, which is achievable and the Transportation section confirmed that there would be no visibility issues in terms of traffic safety on accessing this site. However, neither of the proposed house plots would have a frontage onto an existing road and the aspect from the proposed houses would be overlooking rear gardens of existing houses, or farm land. The site was granted outline approval for two dwellinghouses previously in 1994 (Reference 406/94). However, it is considered that this application is unacceptable in consideration against the criteria stated in Policy HSG 11 (Infill Housing Development) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) as it would have a negative impact on the character and amenity of the surrounding area as the proposal does not follow the existing street pattern but proposes to develop in a back land location with no site frontage. This type of proposal would create an undesirable precedent for other similar back land developments. Although this proposal is not contrary to local plan policy as it is currently zoned under residential policy HSG 8 (Established Residential Areas), this type of back land development within an existing rear garden area would not be acceptable in this established setting and would therefore adversely affect the amenity of the Established Housing Area.

4.5 In conclusion the proposal is unacceptable and would not accord with Local Plan Policy. Therefore, taking all matters into consideration including the criteria stipulated in Local Plan Policy HSG 8, HSG 11 and in TR 13 in conjunction with the Council’s open space guidelines, I would recommend that planning consent be refused.

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Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

S/06/01057/FUL

22ndJune2006

Tom Gallagher 90 Benhar Road Shotts North Lanarkshire ML7 5EP

Erection of Shed for Sale of Pet Foods and Associated Products (in retrospect)

90 Benhar Road Shotts North Lanarkshire ML7 5EP

20 Benhar Councillor Charles Cefferty

288018660285

SIPLIBFII 7/53/FM/M M

S/02/00341/FUL - Erection of Dwellinghouse For Disabled Person granted 11 th June 2002.

The site is zoned as HSG8 (Established Housing Areas) in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005).

Yes

Not required

Two letters received

Advertised on 28th June 2006

Recommendation:

1.

Refuse for the Following Reasons:-

That the development is contrary to Policy HSG8 of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) in that the use of the premises for the sale of pet foods and associated products in this location would be incompatible with the residential setting of the site to the detriment of the amenity of the area and its residents.

2. That the development is contrary to Policies RTLI and RTL4 of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) in that the application site is not located within a site designated as a town centre, village, neighbourhood or secondary commercial area and would be incompatible with the residential setting of the site.

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M r t Lanarkoh,na COUIISII Plann no and E m m m n t madquaters Sute 501 Fleming HOUY ZTwstRaad CUMBERNAULD -7 1 JW

TelephaneOl236 6162lO Fsx 01236616232

OS L c m c e 1wO23369 BOd

PLANNING APPLICATION No S / 06 / 010.57 / FUL

ERECTION OF SHED FOR SALE OF PET FOODS AND ASSOCIATED PRODUCTS ( IN RETROSPECT )

90 BENHAR ROAD, SHOTTS * Representabon

Reprducnd fcom h e Ordnance Survey maPPIn0 w h m e psrmison of the Confrollsrofhw Majert)is S A m n e < y O f f l ~ 0 C r m sopyilgl Unauhor $4 reproduslon inlrinoer Crown COPY oht and may lead m proscufton or chl I proceedinps

L?&bhire Council

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3. That the development is contrary to Policy TR13 of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) in that the development would be detrimental to road safety as the site is substandard in terms of vehicular parking provision and vehicular manoeuvring areas.

NOTE TO COMMITTEE

The applicant has requested that a site visit and hearing be carried out prior to the determination of the application.

Background Papers:

Application form and plans received 20th June 2006

Memo from Transportation Manager received 20th July 2006 Memo from NLC Head of Protective Services received 13'h July 2006

Letter from Mrs Ann Kennedy, 88 Benhar Road, Shotts, North Lanarkshire, ML7 5EP received 22nd June 2006. Letter from Graham Jinks, 28 Eriskay Avenue, Hamilton, ML3 8QB received 3rd July 2006.

Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 302087

Date: 18 July 2006

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APPLICATION NO. S/06/01057/FUL

REPORT

1.

1.1

1.2

2.

2.1

3.

3.1

3.2

3.3

Description of Site and Application

Planning permission is sought in retrospect for the erection of a timber shed for the sale of pet foods and pet related products at 90 Benhar Road, Shotts. The application site is a detached dwellinghouse located within an Established Housing Area on the northern edge of Shotts. Dwellings bound the site to the south and west with a dairy also bounding the site to the north west. To the east of the site an area of open ground with an industrial area beyond the bunding some 40 metres away bounds the site. To the north of the site is the signal controlled railway bridge.

This application seeks to regularise the unauthorised shed measuring 4.7 metres in width by 7.7 metres in length that has been erected to the north of the dwellinghouse within the garden ground. The current use of the shed is for the sale of pet foods and pet related products. In association with this business, the applicant has detailed the provision of three parking spaces within the curtilage of the site for the parking of three vehicles and a vehicle manoeuvring area. In addition the applicant has provided 2 off street parking spaces and a vehicle turning area for vehicles in association with the dwellinghouse. The dwellinghouse erected on site was granted under delegated powers on the 1 lth June 2002.

Development Plan

The site is zoned as Policy HSG8 (Established Housing) in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). This policy seeks to protect the established character of existing and new housing areas. Also relevant to the current proposal is Policy RTLI (Retail Development) which states that the Council seeks to enhance retail provision within the Plan area by directing lesser retail developments to town centres, village, neighbourhood and secondary commercial areas. Policies RTL4 (Assessing Applications for Retail Development) and TR 13 (Assessing the Transport Implications of Development) are also applicable.

Consultations and Representations

My Transportation Section have advised that the existing turning facility is substandard being only 11 metres by 13 metres, a minimum of 12.5 metres by 15 metres is required. In addition a total of 4 parking bays are required within the plot boundaries at dimensions of 2.5 metres by 5 metres, this cannot be achieved due to on site constraints. Furthermore given the close proximity of the existing signal installation on Benhar Road, any increased trips from this plot other than residential use would be to the detriment of road safety.

My Protective Services Section have been consulted in relation to the application and have advised that they have no objections to the development.

Two letters of representation have been received following the press advertisement and neighbour notification procedures. Their concerns are summarised as follows:

(1)

(2)

The proposed use is contrary to the provisions and relevant policies contained in the Southern Area Local Plan. The site is accessed via a narrow road close to a railway bridge, and vehicles entering and leaving the site constitute a danger to other vehicles using this stretch of road. The

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3.4

4.

4.1

4.2

4.3

4.4

business is already operating and recent experience highlights that vehicles are required to brake and slow down when encountering other vehicles using the site, to the detriment of traffic and pedestrian safety. The site is in close proximity to the traffic lights over the railway-bridge, this has led difficulties in accessing and egressing the objector’s property due to customers blocking visibility by parking on the pavement. The application plans detail three parking spaces for use with the business, however the applicant uses two of these spaces for his private vehicles. Bales of straw are stored outdoors against the boundary with the objector’s property attracting mice to the objector’s property. The applicant’s dogs are used to signal the arrival of customers and are causing noise pollution through constant barking; the Environmental Health Officer has been contacted in this respect. A condition attached to the sale of the house related to the site being used solely for residential purposes and not for commercial or business purposes.

It should be noted that the applicant has written in requesting that a site visit and hearing be carried out prior to the determination of the application.

Planning Assessment and Conclusions

It should be noted that the application raises no strategic issues. This application must be assessed by the relevant development plan policies, which are Southern Area Local Plan (Modified 2001, 2004 and 2005) Policies HSG8 (Established Housing Areas) RTLI (Retail Development), RTL4 (Assessing Applications for Retail Development) and TR13 (Assessing the Transportation Implications of Development), together with other material considerations.

The application site lies within an Established Housing Area, in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). Policy HSG8 applies and sets the criteria for the determination of applications within Established Housing Areas. In this respect the Council will seek to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of the Established Housing Area. In terms of the suitability and impact of the proposal on the character and amenity of adjoining properties and surrounding environment, it is acknowledged that although Benhar Road is a busy location, this development has led to an intensification of activity in the front and side garden ground of the application site and results in noise and general disturbance to the detriment and amenity and privacy enjoyed by the adjoining properties. The fact that this is a large property with a generous garden does not lessen the impact to an acceptable extent. Although each application is considered on its own individual merits the issue of setting a precedent is of relevance as if this application were to be approved it may be difficult to refuse further similarly unsuitable developments within residential areas. It is therefore considered that the development is not consistent with the aims of policy HSG8.

Policy RTLI (Retail Development) directs retail development to appropriate commercial locations. The application site is located within an area that is clearly designated for housing purposes and the development is considered to be incompatible with the surrounding area. The need to locate at this site is purely for the applicant‘s personal convenience. There is no justification for a departure from this policy.

Policy RTL4 (Assessing Applications for Retail Development) specifies the matters to be taken into consideration when assessing applications for retail development. These include whether the site is located in a town centre, village or neighbourhood commercial area; the availability of suitable alternative sites in or around town centres; the suitability and impact of the development on the character and amenity of adjoining properties and the provisions made for vehicular access, parking and the impact on pedestrian and traffic safety. As indicated above the

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application site lies within a residential area and I am not convinced that there are no suitable premises within appropriately zoned commercial areas. This location is not considered to be a suitable one for the establishment of such a business. Even though most of the activity may be confined to the applicant's salesMOrage shed, it is considered that the development has an adverse impact upon the character of this residential area. The access and parking arrangements are considered to be inadequate, this will be discussed in further detail in paragraph 4.5 below. The development is therefore considered to be contrary to Policy RTL4.

In assessing the transportation implications of a development, Policy TR13 is a material consideration and states that the Council will take account of criteria: including; the impact of the development on road traffic circulation/road safety and the provision made for access, parking, vehicle manoeuvring and access for all. My Transportation Section advised that they object to the application, as detailed in paragraph 3.1 above. They have confirmed that the existing turning facility is substandard, there is insufficient parking and visibility requirements cannot be met. Furthermore given the close proximity of the existing signal installation on Benhar Road, any increased trips from this plot other than residential use would be to the detriment of road safety. It is therefore considered that the development is contrary to Policy TR13.

4.5

4.6 In relation to the points of objection, I would comment as follows:-

(1)

(2)

(3)

The land use zoning of the application site has been discussed in paragraphs 4.2 to 4.5 above. In relation to the objectors concerns regarding the impact of the development on traffic and pedestrian safety, I consider these concerns valid as discussed in paragraph 4.5 above. The issue of mice being attracted to the objector's property by bales of straw is not a material consideration in the assessment of this application. Furthermore this is being assessed separately by the Councils Environmental Health Officer in addition to the noise caused by the applicant's dogs. I do however agree that the development has an adverse impact on the residential amenity of the area as discussed at paragraph 4.4 above. The conditions of sale of the land are a legal matter that bears no relevance to the determination of this current planning application.

(4)

4.7 In conclusion, the use of the premises for the sale of pet food and pet related products is considered to have an unacceptable negative impact on the amenity of the neighbouring residential properties and is not considered an appropriate use for an Established Housing Area. Furthermore the application site is located within an area that is clearly designated for housing purposes and would be detrimental to road safety as the site is substandard in terms of vehicular parking provision and vehicular manoeuvring areas. The application is therefore contrary to policies HSG8, RTLI, RTL4 and TR13 of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) and it is recommend that permission be refused.

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Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward :

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

S/06/01065/FUL

20th June 2006

Moore MacDonald Solicitors 84 Hamilton Road Motherwell MLI 3BY

lan Harvey Building Designs Limited Moray Street Blackford PH4 1PY

Change of Use from Dwellinghouse (Class 9) to Office (Class 2) and Installation of Disabled Access Ramp

65 Hamilton Road Motherwell North Lanarkshire MLI 3DG

1 Ladywell - Councillor Michael Ross

274935656831

S/PL/BF/I 3/5 (228)/LC/MM

There is no relevant site history.

The site is zoned as a residential area in the Adopted Burgh of Motherwell and Wishaw Local Plan 1953.

The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as being HSG 8 (Established Residential Areas). Policy ENV 19 (Hamilton Road Conservation Area) is also relevant.

Yes

None carried out.

7 Letters of representation

Advertised on 29th June 2006 due to the Conservation Area status, and the fact that the application is contrary to the development plan.

Recommendation: Refuse for the Following Reasons:

1. The proposed development is not within or directly adjacent to the town centre. No specific locational need has been demonstrated by the applicant for office use within this residential area. The proposed use is considered to be incompatible with adjoining housing. As such the proposal is contrary to policy RTL 7 of the Southern Area Local Plan Finalised Draft (Modified 2001,2004 and 2005).

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2. That the proposed development would cause a hazard to traffic safety owing to the substandard egress from the private road to the rear of the site onto Avon Street, as visibility is restricted to 2.5m x 13m to the left and 2.5m x 10m to the right as opposed to the requirement of 2.5m x 60m in both directions. This would be detrimental to the safety of other road users. Similarly, the access to the front from Hamilton Road is sub-standard for office use due to its substandard width. Width improvements to this access would require removal of decorative stone walls and piers to the detriment of the Conservation Area. As such, the proposal is contrary to Policy TR13, ENV 19 and RTL 8 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005).

3. The change of use to a Class 2 office would have an unacceptable negative impact on the residential amenity of the neighbouring properties and as such is not considered an appropriate use for an established housing area, the development therefore fails to meet the criteria set out in Policies HSG8 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

NOTE TO COMMITTEE

The applicant and objectors have requested that a site visit and hearing be carried out prior to the determination of the application.

Background Papers:

Application form and plans received 20th June 2006

Memo from Transportation Manager received loth July 2006 Email from Les Kane & Susan Murray, 57 Hamilton Road, Motherwell, MLI 3DG received 22nd June 2006. Letter from J.M Ross, 15 Marius Crescent, Motherwell, MLI 3GA received 4th July 2006. Letter from Marie Kane, 15 Peel Avenue, Motherwell, North Lanarkshire, MLI 2ES received 4th July 2006. Letter from Patrick Ross, 61 Hamilton Road, Motherwell, North Lanarkshire, MLI 3DG received 4th July 2006. Letter from Derek R Cooke, 67 Hamilton Road, Motherwell, North Lanarkshire, MLI 3DG received 4th July 2006. Letter from David Ferguson, 59 Hamilton Road, Motherwell, North Lanarkshire, MLI 3DG received 6th July 2006. Letter from Mrs Ann Ferguson, 59 Hamilton Road, Motherwell, North Lanarkshire, MLI 3DG received 6th July 2006.

Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) Adopted Burgh of Motherwell and Wishaw Local Plan 1953

Any person wishing to inspect these documents should contact Mrs Lesley Carus at 01698 302142.

Date: 12 July 2006

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APPLICATION NO. S/06/01065/FUL

REPORT

Description of Site and Proposal

This application seeks permission for the change of use from a dwellinghouse to an office at 65 Hamilton Road, Motherwell. The application site sits near the brow of the hill, close to the town centre, and Hamilton Road is a main road leading into the town centre.

The application site is approximately 10 metres wide and 50 metres long, giving a total area of 500 square metres. On this plot is a traditional semi-detached 1.5 storey dwellinghouse, set back approximately 10 metres from Hamilton Road. The dwellinghouse is of stone construction with a slate roof. There is a small dormer to the front and a large 2-storey rendered extension to the rear. There are also a couple of small outhouses within the rear garden area, as well as two large mature conifers.

The property currently benefits from vehicular access to the front and rear. Access to the front of the property is via a 3 metre wide driveway from Hamilton Road and access to the rear is taken from a private road serving 55-65 Hamilton Road. There is an existing hardstanding to the rear, which could accommodate approximately 3 cars. Originally, the applicant indicated that access would be taken from the rear of the property via the private access, but this has been since amended to show all access being taken from Hamilton Road.

This application proposes to change the dwellinghouse into a solicitor’s office. No changes to the external appearance of the building are proposed except for the installation of a ramp to allow for disabled access to the front of the property. Internally, the lounge, kitchen, dining room and 2 bedrooms are proposed to be converted to offices. The applicant has submitted additional information pertaining to the proposal, and has indicated that there will be 4 members of staff employed in the building. 5 parking spaces (including 1 disabled space) are proposed to the rear of the building, via access from Hamilton Road. The applicant has also submitted a supporting statement and a plan showing surrounding commercial uses. The applicant has stated that the vast majority of properties at this end of Hamilton Road are used for commercial purposes, and that this site lies within close proximity to the main commercial areas around Motherwell Town Cross. The applicant also stated that the property at 55 Hamilton Road was formerly a solicitors’ office until planning permission was recently granted to convert it back to a dwellinghouse.

Development Plan

This application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

The site is zoned as a residential area in the Adopted Burgh of Motherwell and Wishaw Local Plan. The Southern Area Local Plan zones the site as being HSG 8 (Established Residential Areas) and Policy ENV 19 (Hamilton Road Conservation Area) also applies.

Due to the nature of the development, policies RTL 7 (Office Development, Class 2); RTL 8 (Assessing Applications for Class 2 Office Development) and; TR 13 (Assessing the Transport Implications of Development) are also relevant in assessing this proposal.

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3.

3.1

3.2

3.3

4.

4.1

4.2

Consultations and Representations

The Transportation Team Leader has commented on the proposal and has advised that due to a number of factors relating to road safety, the application should be refused.

Following the standard neighbour notification procedure and advertisement of the application, 7 letters of representation have been received from neighbouring properties. The points of objection can be summarised as follows:

The area is predominantly residential in character. Although there are commercial properties in the vicinity, it is hoped that these will convert to residential properties as per the property at 55 Hamilton Road. The proposal is incongruent with policy ENV 19 (Hamilton Road Conservation Area) and will have an adverse impact on the character of the Conservation Area. The proposal is contrary to policies HSG 8 (Established Housing Areas), in that it will adversely affect residential amenity. Approval of this application will set a precedent which will eventually lead to the erosion of the residential character of the area. The proposal would introduce a commercial activity, which would involve increased traffic movements, and the rear garden would become a car park, to the detriment of the residential amenity The proposal is contrary to policy HSG 9 (Retention of Residential Properties) in that this proposal may set a precedent for the loss of further residential properties. The proposal does not conform to Policy RTL 7 (Office Development Class 2) as this policy seeks to direct such developments into the town centres and there is no locational need for office development at this location. The proposal is contrary to Policy TR 13 (Assessing the Transport Implications for Development) as the vehicular access to the rear of the site is unsatisfactory for commercial use, will have maintenance implications, and the increase in traffic movements and parking on Hamilton Road would block visibility from adjacent accesses, to the detriment of road safety. There is little control over the number of staff and visitors and this would impact on the amenity of neighbouring residents. Out of office issues such as burglar alarms would be a nuisance to neighbouring residents. There will be no control over future uses if this property is granted permission for a commercial use, and this will ultimately result in a fall in property values. One objector also cites the refusal of a previous application for 61 Hamilton Road for the Change of Use from a Dwellinghouse to a Natural Health Clinic (reference number 76/83) and states that the reasons for refusal (residential amenity, access and precedent) are still valid.

Several objectors have also requested that if the Committee are minded to grant the application, a site visit and hearing be carried out.

Plannina Assessment and Conclusions

The application raises no strategic issues and can therefore be assessed in terms of the Local Plan policies. The primary issues to be considered in assessing this application are the compliance with the relevant development plan policies, other relevant material considerations, and the affect the proposal will have on the surrounding area.

As stated above, the site is covered by Policy HSG 8 (Established Housing Areas) which seeks to protect the established character of existing and new housing areas by opposing developments which are incompatible with a residential setting or adversely affects the amenity of Established Housing Areas. Also relevant is Policy RTL 7 (Office Development, Class 2)

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which states that the Council should seek to encourage Class 2 office development within or adjacent to the established town centres of Motherwell, Wishaw and Bellshill. Proposals for office development outwith these areas will be acceptable where proposals serve a particular local need and are compatible with adjoining land uses. In addition, RTL 8 (Assessing Applications for Class 2 Office Development) sets out criteria for determining applications for Class 2 developments. The Council will consider, amongst other things: the suitability and impact of the proposal on the character and amenity of adjoining properties and the surrounding environment; detailed design elements such as access for pedestrians; and the provisions made for vehicular access, parking, and the impact of the proposal on pedestrian safety and traffic circulation.

4 .3 When assessing this application against the policies set out in the Finalised Draft Local Plan, it is important to first consider the location and character of the area. This is as per the advice contained in policies HSG 8, RTL 7, RTL 8 and ENV 19, which state that proposals for Office development outwith designated commercial areas should be assessed against their suitability on the character and amenity of adjoining properties and the surrounding environment. Hamilton Road, although zoned in the Local Plan as an established residential area, contains many established commercial uses within this locale. Hamilton Road is close to Motherwell town centre, and as a main route through the town, presents an attractive location for businesses. This is reflected in the high number of commercial and office premises including financial advisors, accountants, architects, insurance brokers and guesthouses within the immediate locale of the application site. However, the residential zoning in the Local Plan aims to protect the amenity of residential areas. In this case the application site is one of a group of residential properties from No 51 to 67 Hamilton Road. Furthermore application site is one half of two semi-detached properties it is therefore considered that the use of part of this semi for commercial purposes would have detrimental effects on the residential amenity of the adjacent residential properties, particularly the other half of the semi. In addition, the existing commercial properties on Hamilton Road are mainly detached properties. The proposal is therefore contrary to policy HSG 8.

4.4 The text associated with policy RTL 7 indicates that this policy seeks to direct such commercial uses to sites within or adjacent to designated town centres in order to increase their vitality and viability. This policy allows for office developments outwith town centre areas where they serve a particular locational need and are compatible with adjoining land uses. Despite the presence of commercial uses, it is considered that the character of this part of Hamilton Road is primarily residential and the draft local plan zoning is clearly as established housing. No specific locational need has been demonstrated by the applicant to justify approval of the office use. Furthermore, no evidence exists that there is no alternative office premises at appropriately zoned sites. As indicated at paragraph 4.3 above it is considered that the impact of this proposal on the character and amenity of adjoining properties and the surrounding environment is unacceptable. The proposal is therefore contrary to policy RTL 7.

Policies RTL 8 (Assessing Applications for Class 2 Office Development) and TR 13 (Assessing Transport Implications of Development) set out criteria for the Council to consider when assessing applications for development. These criteria include: the level of traffic generated and its impact of the environment and adjoining land uses; the impact of the development on road traffic circulation and road safety and; the provisions made for access, parking and vehicle manoeuvring. The aim of this policy is to ensure that developments which generate traffic do not detrimentally effect the environment or adjoining land users, and is important in the assessment of this application.

As indicated at paragraph 3.1 above the Transportation Section recommend refusal of this application due to the access from Hamilton Road being too narrow and there is inadequate manoeuvring space. It is considered that although the access could physically be widened the effect on the existing stone wall and gatepiers would be undesirable within this Conservation Area. Furthermore, there is no scope to obtain adequate turning facilities within the site to allow

4.5

4.6

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4.7

vehicles to enter and leave in a forward gear. The driveway is only 2.5 metres wide, and this is not wide enough to allow access to the rear if access is taken from Hamilton Road to a parking area at the rear of the property. There is an existing hardstanding to the rear of the property with access via a private road. This road is single track, surfaced in whinstone and this road serves the rear of the existing residential properties. This access is unacceptable as this road cannot be guaranteed due to its private nature, and the visibility onto Avon Street is substandard. However, the revised scheme shows the parking area being accessed from Hamilton Road. This is also unacceptable since the existing vehicular access from Hamilton Road is less than the required minimum width of 5 metres. Furthermore, there is limited space available for vehicles to manoeuvre safely within the property boundary, and vehicles would not be able to enter and leave in a forward gear. Additional comments indicate that the parking requirement for this development would be 2 spaces per 100 square metres of gross floor area. At present, the applicant has indicated that there will be approximately 415 members of staff, although, this number may increase, outwith the control of the Planning Authority, which could further exacerbate road safety issues. Therefore, this increase in levels of traffic generated and additional manoeuvres requiring to be carried out in order to enter/leave the site as a result of the proposed development would be to the detriment of road safety. Therefore, the proposal is not in accordance with policies HSG8 and TR 13 as the impact of the development on road safety and the provisions made for access, parking and vehicle manoeuvring are unacceptable.

Policy ENV 19 (Hamilton Road Conservation Area) is relevant and states that the Council will seek to improve the quality of the Hamilton Road Conservation Area. The Council will not permit development which would harm the character of the Conservation Area. However, Conservation Area status does not prevent development, redevelopment or improvement. There is, however, a requirement for such proposals to preserve or enhance the character of the area. Any development proposed within this Conservation Area should retain traditional features, including boundary walls, trees and landscaped features as well as paving materials. No external changes are proposed to the appearance of the building, however, there would be a requirement to remove part of the existing stone wall, and a mature conifer tree in order to achieve adequate access arrangements from Hamilton Road. Therefore it is considered that this development would be detrimental to the character and appearance of the Conservation Area and therefore is not in accordance with the provisions of policy ENV 19.

4.8 Also relevant in assessing this application are other material considerations. In this case, the site history of surrounding properties is relevant. Planning application 76/83 for the adjoining property at 63 Hamilton Road was refused on the 4'h May 1983 on the grounds that the application would be detrimental to the amenity of the surrounding residential area; that the proposed access arrangements are unsuitable and; that the proposal would set an undesirable precedent for similar applications. Although this application dates back to 1983, the issues are still relevant, as the access arrangements have not altered, and the residential character of the area is still maintained. Other applications for similar proposals within this vicinity include the change of use from a dwellinghouse to a beauty salon at 153 Hamilton Road (ref: 471/91), which was refused in 1992 for reasons of residential amenity and parking. Application 317181 for the part change of use from a dwellinghouse to an office at 91 Hamilton Road was granted for a temporary period until 31" December 1982, and application 320/82 for the change of use from a dwellinghouse to an office at 69/71 Hamilton Road was granted on the premise that the commercial uses within the area remain unobtrusive. There are a number of other commercial properties downhill and opposite however these have been established for many years and there are no records of planning permission being approved for the change of use from dwellinghouses to those other commercial properties. In particular there have been no previous approvals for the change of use from one half of a semi-detached property to commercial use. Despite the existing commercial uses the Southern Area Local Plan designates both sides of the road as established housing and as indicated in the preceding paragraphs the policy position is now considered to seek to protect the remaining houses from inappropriate changes of use and to direct commercial development to within and adjacent to town centres. It is also considered that the approval of this application would set an undesirable precedent for further

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similar applications that would lead to the erosion of the residential amenity of the area and the character of this Conservation Area.

4.9 Turning to the points of objection, they can be addressed as follows:

(i) This point of objection is noted and agreed. Although the area contains a mix of commercial and residential properties, this application site would form one half of two semi-detached properties, where the majority of properties at this location on Hamilton Road are residential. This point is noted and agreed. The impact of the development on the Conservation Area in terms of access widening is unacceptable.

This point is noted, however the applicant has indicated staff numbers above.

into account when assessing this application This point is noted and agreed.

(ii)

(iii - vii) These points are noted and agreed. ( v i ) (ix - x) These issues are not material planning considerations and therefore cannot be taken

(xii)

5 Conclusion

5.1 In assessing this proposal against the policies contained within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005), and it is considered that this proposal presents an unacceptable form of development at this location. It is considered that the proposal would have an unacceptable negative impact on the amenity of the adjoining and neighbouring residential properties and as such is not considered an appropriate use for an Established Housing Area. The access and parking arrangements are inadequate to allow vehicles to manoeuvre safely, with no scope for improvement. The application is therefore considered to be contrary to policies HSG 8, RTL 7, RTL 8, ENV 19 and TR 13 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Having given consideration to all other material considerations, including the points raised by objectors, it is considered that there is no justification for departing from the local plan policies. It is therefore recommended that permission be refused.

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Application No:

Date Registered:

Applicant:

Agent

Development:

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

S/06/01080/FUL

22ndJune2006

Kevin Smith - A C Electrics Ltd Ravenshall Drive Cleland Motherwell MLI 5QL

The John Russell Partnership Anderson House Dundyvan Road Coatbridge ML5 1DB

Erection of a One and a Half Storey Building for Storage and Office Use

6 Main Street Cleland Motherwell MLI 5QN

19 Cleland Councillor James Martin

2801 30 658279

S/PL/BI4/1 4 (30)/GL/MM

S1061002291FUL Erection of a One and a Half Storey Building for Storage and Office Use - Refused 10.05.2006 for access/ parking and design/ amenity reasons.

The site is zoned for uses other than major industrial in the Central Industrial Area Part Development Plan 1964. The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site for community uses.

No

Scottish Water Transco Scottish Power

None Received

Advertised on 28th June 2006

(Conditions) (Com ments) (0 bjection)

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Page 163: North Lanarkshire Council · Recommendation Grant (P) Applicant Mr Jim Purdon Page DevelopmentlLocus No. 39 46 52 58 63 69 74 81 87 93 ... N/06/00786/FU L Mr I Gillespie Construction

Recommendation: Grant subject to the following conditions:-

1.

2.

3.

4.

5.

6.

That the development hereby permitted shall be started within five years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

That before the development hereby permitted starts, full details of the external materials for the walls and roof of the proposed building shall be submitted to, and approved in writing by the Planning Authority. For the avoidance of any doubt, the front elevation shall be finished with a blonde sandstone to match the adjacent dwellinghouse, a sample of which shall first be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail.

That before the development hereby approved comes into use, the 6 car parking spaces to be associated with the office/store building shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking spaces.

Reason: To ensure the provision of adequate parking within the site.

That no signage shall be erected within the curtilage of the application site in association with the development without the prior written consent of the Planning Authority.

Reason: In order to retain control over this matter in the interests of visual amenity.

That the design, installation and operation of any air conditioninglventilation or other plant for the proposed officelstore and any other noise associated with the completed development shall be such as will not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to noise rating curve (N.R.C) 35 between 07.00 hours and 20.00 hours and N.R.C. 25 at all other times.

Reason: In order to protect the residential amenity of the adjacent dwellinghouse.

That before the development hereby permitted starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt the scheme requires to comply with the Scottish Environment Protection Agency principles of Sustainable Urban Drainage Systems and with any requirements of Scottish Water. Thereafter, once completed, written confirmation, from a suitably qualified engineer, shall be submitted to the Planning Authority, confirming that the drainage system has been installed in accordance with the approved scheme. Any change to the site layout as a result of this scheme will require an amended planning application.

Reason: To safeguard the amenity of the area, to prevent groundwater pollution and to ensure that the proposed drainage system complies with the latest SEPA guidance and Scottish Water requirements.

Background Papers:

Application form and plans received 22nd June 2006

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Memo from Transportation Section received 2dh Ap$ 2006 Memo from Head of Protective Services received 6 July 2006 Letter from Scottish Water received 14'h July 2006 Letter from British Gas received 4'h July 2006 Letter from Scottish Power received 5'h July 2006

Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) Central Industrial Area Part Development Plan 1964

Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01698 302128.

Date: 20 July 2006

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APPLICATION NO. S/06/01080/FUL

REPORT

1.

1 .I

1.2

1.3

1.4

2.

2.1

2.2

2.3

Description of Site and Proposal

This proposal is for the erection of a 1% storey storageloffice building for an electrician business at 6 Main Street, Cleland. The proposal follows the recent refusal of planning permission for a similar proposal on the same site. The footprint of the building has now been reduced, the design modified and the site area increased to provide extra parking.

The application site consists of a single storey building facing onto Main Street, previously used as a doctor’s surgery. To the rear of this lies a small parking and grassed area. The surgery ceased operation approximately 2 years ago and has lain vacant during the intervening period. Access is via Thistle Street, a private road taken off Main Street, which also serves a number of other properties, including a Masonic Hall, Church and car repair garage. Associated with the garage is a small petrol filling station and Thistle Street also forms part of an in-out arrangement related to this operation. Thistle Street is surfaced although not to a high standard and is currently used as an access and for informal parking for the various adjoining land uses. The existing garage has a dedicated yard but also currently utilises Thistle Street for overspill parking on an informal basis.

The application site spans the former doctors surgery and associated ground to the rear, the adjoining section of Thistle Street and a small area beyond this where additional parking is identified. The Masonic lodge is situated to the north west, beyond which is the church. A single storey dwellinghouse lies to the north east. The boundary between the application site and this dwellinghouse is marked by a 1.8 metre high boundary fence. To the south west is the adjacent car repair garage and petrol filling station. The south east of the site is bounded by Main Street, with a bank and public house located opposite.

This proposal is to demolish the existing doctors surgery building and erect a 1% storey storageloffice building for an electrician business. The design of the building has a gable facing Main Street beyond which it would extend 11.9 metres into the rear of the site. A small dormer window is proposed on the south west facing roof section which allows for the incorporation of a WC. The ground floor of the building comprises a storage area accessed via a roller shutter door from the parking area to the rear, rather than directly from Thistle Street as proposed in the last application. The first floor consists of 2 offices as opposed to the previous proposal for 4 offices and reception area. The remainder of the application site is taken up by three off-street car parking spaces, located between the rear of the building and the Masonic lodge. A further three parking spaces are provided on the other side of Thistle Street. The applicant has detailed that the office would be occupied by a maximum of 2 members of staff. In addition, the building would be visited periodically by electricians at the start of the working day when materials are required, albeit they would not be formally based at the building.

DeveloDment Plan

The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000 and can therefore be assessed against Local Plan policies.

The site is zoned for uses other than major industrial in the Central Industrial Area Part Development Plan 1964. The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as Policy CS2 (Established Community Facilities). The adjoining areas are zoned HSG8 (Established Housing Areas) and RTL9 (Other Commercial Uses).

Policies IND9 (Assessing Applications for Industrial and Business Development) and TR13 (Assessing the Transport Implications of Development) are also relevant.

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3.

3.1

3.2

3.3

3.4

3.5

4.

4.1

4.2

4.3

Consultations and Rewesentations

The Transportation Section recommended on their consultation on the previous application for a larger office/ storage building, which was refused at Committee in Mat 2006, that planning permission be refused for a number of reasons. Thistle Street is private in nature and has insufficient width at its narrowest point to allow 2 vehicles to pass each other. The road has no footway provision over its entire length and no scope to provide this. Thistle Street is further constrained by land beyond its termination, which is purely for patrons of the church and is unsuitable for commercial vehicles to manoeuvre when at full capacity. The previously proposed 2 parking bays to the rear of the building were unacceptable as they abutted the proposed building which would result in vehicles manoeuvring from the bays with virtually no pedestrian or vehicle visibility. I note that this situation is similar, albeit 3 spaces are now proposed with a small offset between the spaces and the building (taking into account that the building is now smaller) and an additional 3 spaces are proposed across the street. Although related to the previous application, my Transportation Team Leader’s comments remain relevant to the current application.

Protective Services have commented that the design and operation of any air conditioninghentilation or other plant for the proposed development and any other noise associated with the completed development should be such as will not give rise to inappropriate noise levels. Further guidance on construction noise and control of dust is provided. Protective Services have also requested that a Site Investigation be carried out in relation to any ground contamination.

Scottish Water have no objection subject to conditions on the control of surface water.

Scottish Gas have identified the location of their apparatus in relation to the application site.

Scottish Power previously objected on the basis that they have underground plant crossing the proposed development and that to date, no approach has been made by the applicant to have this matter resolved.

Planning Assessment and Conclusions

Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

In terms of the development plan, the application is not of strategic relevance and can therefore be assessed against the provisions of the Local Plan. The site is zoned for development purposes other than major industrial uses in the Central Industrial Area Part Development Plan 1964, however, this plan is significantly out of date. The up-to-date policy position is that found in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) where the site is identified as a community facility covered by Policy CS2 (Established Community Facilities). This zoning reflects the previous use as a doctors surgery. The other relevant policies relating to this development proposal are IND9 (Assessing Applications for Industrial and Business Development), HSG8 (Established Housing Areas) and TRI 3 (Assessing the Transportation Implications of Development).

As stated above, the primary CS2 zoning of the site reflects the previous operation of a doctors surgery from the existing building, as well as the location of the Masonic lodge and Church to the rear. Policy CS2 seeks to resist the loss of such facilities where a shorfall in provision for that locality will result. Notwithstanding this zoning, it is accepted that the building has been

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vacant for approximately 2 years and has fallen into a state of disrepair. In this time no formal proposal has been submitted for a community use. Given the size and history of the site and taking into account the mix of uses in the vicinity (including the car repair garage) I do not consider that the loss of the site for community purposes is significant, and consider that a business use would be acceptable ‘in principle’. Regard does however have to be given to how any such proposal coutd be integrated into the site, in terms of building dimensions and design, transportation requirements and impact on surrounding properties, particularly the more sensitive adjacent residential property.

Policy IND9 details criteria against which businesslindustry proposals should be assessed and includes; is the site in an established business area; the extent to which vacant land is to be re- used; whether significant economic benefit is offered to the plan area; suitability to the character of the area within which the proposal is set, detailed design elements such as height, materials, positioning, landscaping and screening and the provisions made for servicing, access, vehicle circulation, manoeuvring and parking. Policy HSG8 is also important in relation to the adjacent residential property at 2 Main Street. Policy HSG8 seeks to protect the established character of existing housing areas by opposing development which is incompatible with their residential setting or adversely affects the amenity of the area.

4.4

4.5 In relation to policy IND9, as detailed in paragraph 4.3, while the application site is not zoned for business uses, nor forms part of a defined established business area, I have no objection ’in principle’ to the introduction of this proposal. The site is directly adjacent to, and shares an access with an existing car repair garage (as well as some other mixed uses) and also facilitates the re-use of a prominent vacant site within Cleland village centre. Given the mix of uses and buildings in the immediate vicinity, providing the design is acceptable, I therefore do not consider that the building would have an adverse impact on the character of the area. While I do not consider that the application will result in a significant economic benefit to the plan area, it does offer the opportunity for a local business to develop modern office/storage facilities and will also result in a significant visual and environmental improvement to this section of Main Street.

4.6 This proposal replaces an existing single storey building (4.5 metres in height) with a 1% storey building (6 metres in height). From the previous application, the size of the proposed building has now been reduced to a level that is considered acceptable and the omission of long dormer windows on both roof sections improves the visual appearance from Main Street. Reducing the footprint also reduces the dominance along the boundary with 2 Main Street and allows for the provision of an additional parking space. While no general amenity or landscaped space is provided, given that no significant levels of landscaped open space exists at present, I do not consider this a substantive reason for refusal. The changes to the design and size of the building are such that the proposal now sits more comfortably within the site. The applicant has also confirmed a willingness to finish the building with blonde sandstone to reflect the adjacent dwellinghouse. Bearing in mind the site’s physical constraints and that fact that it would benefit the wider area if it were to be developed, on balance, while the overall site layout remains tight, I consider this to be acceptable. I would also note that the proposal would appear to complete any possible further opportunities for development off Thistle Street.

Turning to the residential property at 2 Main Street and Policy HSG8, I would comment as follows. The building length has now been reduced by 3.3m along the mutual common property boundary with 2 Main Street. The long dormer windows previously proposed along this roof section has also been omitted from the design reducing the impact further. I consider that the combination of these changes takes the impact on 2 Main Street to an acceptable level. As highlighted in paragraph 4.6 the applicant proposes to finish the front elevation with blonde sandstone to complement existing materials at 2 Main Street. This will help integrate the two properties and I propose to control materials used on the all elevations via a planning condition.

4.7

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4.8 Policies IND9 and TR13 (Assessing the Transport Implications of Development) both require consideration to be given to parking, access and manoeuvring arrangements. Turning to these issues, my Transportation Section when consulted on the previous application raised several concerns and recommended that the application be refused as detailed in paragraph 3.1 above. Notwithstanding these concerns I would note that the proposals have now been reduced in size and amended to provide a further parking place and identify a further area for parking as required. A roller shutter door which previously opened directly onto Thistle Street has also been relocated to the rear of the building opening onto the private parking area. Finally, the numbers of proposed offices have also been reduced from 4 to 2 to reflect the reduction in the size of the building. Whilst acknowledging the concerns of my Transportation Section as also being relevant to this application, taking into account the reduction in the extent of the proposals, the fact that the application would appear to complete any development potential off Thistle Street, the fact that the site previously operated as a doctors surgery (which would have involved both pedestrian and vehicular movement) and in light of the wider advantages for Cleland village centre of developing the site, on balance, I consider the proposals acceptable.

4.9 In respect of the above, I consider that the proposal now complies with policy IND9 and with the spirit and intentions of HSG8 in relation to protecting established residential areas.

In terms of other consultation responses, comments raised by the Pollution Control Section could be addressed by the use of conditions to limit noise levels, including from any air conditioning/ ventilation or other plant, should planning permission be granted. Advisory notes could cover the points made in respect to construction noise and control of dust. I do not consider it reasonable to insist on a Site Investigation as this was not previously requested and the proposal amounts to the replacement of an existing non-industrial building.

If permission was to be granted a condition could also be imposed to ensure appropriate surface water drainage.

4.10

4.11

4.12 Advisory notes could also be appended to any decision to advise of Transo’s comments and raise the matter highlighted by Scottish Power.

4.13 In conclusion, while the site is zoned for ‘other community uses’, the proposed business use would be acceptable in principle, due to the length of time the site has been vacant and the mix of surrounding uses. The proposals have now been reduced in scale and the design modified, the result of which is that the building would sit more comfortably within the site and without an unreasonable impact on the neighbouring dwellinghouse. Taking into account these changes, the increase in parking provision and the wider benefits of developing the site, whilst acknowledging concerns from my Transportation Section, I do not consider these sufficient to refuse the application. I therefore recommend that planning permission be granted subject to conditions.