North La na rks hire Council · 2015-01-09 · Proposed Conditions:- 1. That the permission hereby granted is for a temporary period only and shall expire on 22nd June 2016; the building

A6ENDA ITEM No. ._... 2 U.W.-

North La na rks hire

Council

Planning Applications for consideration of Planning and Transportation Committee

Committee Date : 22 June 201 1

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

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APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE

22ndJune2011

Page Application Applicant DevelopmentfSite Recommendation No No

6 10/00025/FUL Mr Gerald Wright Extension of Time for Grant Planning Permission N/04/02 1 85/FU L (Use of Portacabin for Taxi Office) Site Adjacent To 10 Larchfield Road Moodiesburn Glasgow

11 11/00055/FUL New Brannock Ltd Variation of Conditions 3 Grant and 11 of Planning Permission 02/00972/OUT to Allow Construction of up to 270 dwellings at Density of 22 per Hectare and to Allow the Completion of Golf Clubhouse Before Commencement of Work on the 25th House. Torrance Park Legbrannock Road Newarthill Motherwell

20 11/00099/FUL Mrs Gillian Methven Change of Use from Part Grant Farm to Storage of Caravans and Boats(1n Retrospect) Eastbank Farm Stepps Road Auchinloch Glasgow

25 11/00113/FUL Mr Gary McAulay Construction of Grant Dwellinghouse Request for Site To The Rear Of 9-1 1 Lorn Avenue Chryston

Site Visit

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1 1/00153/FUL Mr Douglas Mawdsley

11/00262/FUL North Lanarkshire Council

11/00283/PPP Mr Robert Cook

11/00289/FUL Mr Michael Bremer

11/00522/LBC Mr Michael Bremer

11/00345/FUL Mr David Stobbart

Demolition of Existing Grant Barns, Derelict House and Associated Farm Buildings and Re-development of Site with 4 x Single Storey Dwellings with Attic Accommodation to Form a Residential Cluster Glebe Farm Manse Road Salsburgh

Formation of a Civic Split Level Recycling Facility on Land South of Foundry Road Shotts

Construction of Dwellinghouse (In Principle) Land To The West Of Brownside Couperage Forrest Street Clarkston Airdrie

Erection of Gates to rear of Shared Wynd Access 58A Main Street Village Cum bernauld Glasgow

Erection of Gates to rear of Shared Wynd Access 58A Main Street Village Cum bernauld Glasgow

Change of Use From Public Open Space to Private Garden Ground 41 Chestnut Avenue Abronhill Cumbernauld Glasgow

Grant

Refuse Request for a Site Visit and Hearing

Grant

Grant

Grant Request for a Site Visit and Hearing

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77 11/00358/FUL Mr Quentin Reynolds Change of Use of Open Grant Space to Garden Ground and Erection of Woodshed 6 Woodend Drive Raw yards Airdrie

82 11/00424/FUL North Lanarkshire Erection of 40 No Grant Council Dwellinghouses with

Associated Roundabout, Access Road, SUDS Pond and Landscaping. Land South Of Laburnum Road Viewpark Uddingston

94 11/00446/FUL Mr Fausto Rea Change of Use from Post Office to Hot Food Takeaway 178 Woodhall Avenue Kirkshaws Coatbridge

Refuse

103 11/00449/FUL The Salvation Army Construction of Extension Grant to Form New Multi Purpose Com m u n i t yNVo rs h i p H al I and Alterations to Existing Building Salavation Army Hall Clouden Road Kildrum Cumbernauld

109 1 1/00474/FUL Bolsterstone Wind Erection of 1 No. Grant Power Ltd Meteorological Mast with a

Maximum Height of up to 60 metres for a Temporary Period of Three Years. Waterside Farm Roughrigg Road Airdrie

116 11/00483/FUL Mr & Mrs Kaur Part Change of Use to Shop to Include Hot Food Deliveries 43 Langmuirhead Road Auchinloch Glasgow

Refuse

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125 1 1/00498/AMD North Lanarkshire Amendment to Planning Grant Council Application 10/00337/FUL

- Change to Finished Site Levels of Car Park and Variation of Condition 5 Relating to Height of Timber Fence to be Reduced from 1.8m to 1.4m High Land At Hamilton Road Orbiston Bellshill

132 11/00504/FUL Naveed Ahmed Change of Use from Refuse Bookmakers Shop to Restaurant and Hot Food Takeaway, with Alterations to Shop Front and Erection of Flue Duct Bookmakers 17 - 19 Motherwell Road Carfin Motherwell

140 11/00505/FUL Mr Chris Ross Change of Use of Former Grant Community Hall to Flat 79 Mactaggart Road Seafar Cum bernauld Glasgow

146 11/0052O/FUL Mrs Melanie Blair Change of Use from Open Grant Space to Private Garden Ground 11 Hawey Way Shirrel Bellshill

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Application No:

10/00025/FUL

Proposed Development:

Extension of Time for Planning Permission N/04/02185/FUL (Use of Portacabin for Taxi Office)

Site Address:

Site Adjacent To 10 Larchfield Road Moodiesburn

Date Registered:

9th May 201 1

Applicant: Mr Gerald Wright Moodiesburn Cars 10A Larchfield Road Moodiesburn G69 OAF

Application Level: Local Application

Ward: 005 Strathkelvin William Hogg, Joseph Shaw, Brian Wallace, Frances McGlinchey,

Agent: N/A

Contrary to Development Plan: No

Representations: No letters of representation received.

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposal complies with policies SC 1 (Protect and Enhance Existing Local Shopping Areas), SC 2 (Improve Shopping Facilities), SC 3 (Assessing Applications for Bad Neighbour Development) and TR 6 (Development Control Criteria) in the Northern Corridor Local Plan, 2005. The proposed renewal of planning permission for the taxi office is considered to be acceptable and the proposal will not detract from the amenity of the application site or the surrounding area. The impact on neighbouring properties is considered to be acceptable.

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Proposed Conditions:-

1. That the permission hereby granted is for a temporary period only and shall expire on 22nd June 2016; the building shall be removed and the use will cease on or before 22nd June 201 6 unless the building and use has the benefit of renewed planning permission.

Reason: To enable the Planning Authority to retain effective control.

Backqround Papers:

Representation Letters No letters of representation received.

Consultation Responses: Traffic & Transportation received 1 3'h June 201 1.

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01 236 61 81 24

Report Date: 13th June 201 1

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APPLICATION NO. 10/00025/FUL

REPORT

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Site Description

The application site is located to the rear of an existing row of shops at Larchfield Road, Moodiesburn and within established local neighbourhood centre. The existing taxi office is a portacabin style building, with an area of open ground presently used as a parking area for taxicabs. The application site is surrounded by commercial units and is located on ground owned by North Lanarkshire Council.

Proposed Development

This application seeks to renew the previous temporary planning permission (04/02185/FUL) for the use of a Portacabin for Taxi Office for an additional five years.

Site History

The application site has been the subject of the following planning applications:

99/01 128/FUL Renewal of Temporary Consent for Taxi Office - Approved 20th January 2000. 04/02185/FUL Renewal of Temporary Consent for a Taxi Office - Approved 25‘h August 2003.

Development Plan

The application raises no strategic issues and it can be assessed in terms of the local plan policy.

In terms of the Northern Corridor Local Plan 2005 the site is covered by Shopping Policies SC 1 (Protect and Enhance Existing Local Shopping Areas) and SC 2 (Improve Shopping Facilities).

Consultations

A summary of comments from the consultees is as follows:

Traffic & Transportation have no objections to the proposed renewal of taxi office permission.

Representations

Following the standard neighbour notification process and newspaper advertisement as a “bad neighbour” development, no letters of representation have been received.

Plannina Assessment

Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

DeveloDment Plan - Northern Corridor Local Plan 2005: The site is located within an established local commercial centre in Moodiesburn on land zoned as SC 1 (Protect and Enhance Existing Local Shopping Areas) and SC 2 (Improve Shopping Facilities). Policies SC 3 (Assessing Applications for Bad Neighbour Development) and TR 6 (Development Control Criteria) are also relevant. The primary issues to be considered here are the appropriateness and compliance with the relevant development plan and the effect the proposal will have on the surrounding area.

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7.3 Policy SC 1 seeks to protect and enhance existing local centres by discouraging developments that could threaten their viability and vitality. Policy SC 2 states that there will be a presumption in favour of proposals for improvements to local shopping and a presumption against proposal which have an adverse impact on residential environment. Policy SC 3 advises that ‘there is a presumption against hot food shops amusement arcades and public houses located directly below or in close proximity to residential properties or in such other locations where nuisance conditions are likely to occur’. The existing taxi office use has been located at this site since the first planning approval by Strathkelvin District Council in 1988. There have been five subsequent temporary planning consents issued. The proposed renewal of temporary consent for a taxi office is considered to be acceptable from a planning viewpoint. The location of the taxi office is not within a residential area and will not affect the amenity of any of the surrounding commercial properties nor results in the loss of any established retail units. The existing taxi office has been in use for over 10 years and the use will continue to satisfy an established need, it is considered that the proposed renewal is in compliance with policies SC 1, SC 2 and SC 3. Roads requirements are discussed in more detail in the next paragraph.

7.4 With respect to traffic matters, Traffic & Transportation have no objection to the proposal and it is considered that the proposal will not have an unacceptable impact on parking provision, vehicular access and road visibility. The proposal is therefore considered acceptable when assessed with respect to policy TR 6.

7.5 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan (FDNLLP), which zones the application site as RTC 1 C (Neighbourhood and Local Centres). Policy RTC 3 B (Bad Neighbour Development) is also of relevance. Policy RTC 1 C will seek to protect neighbourhood and local centres as the continuing focus of retail, leisure, civic and community uses. Policy RTC 3 B states that planning permission will only be granted for potential “Bad Neighbour” developments where it can be demonstrated that amenity would not be adversely affected. In this respect it is considered that the amenity of the surrounding area would not be unacceptably affected as the proposal seeks permission to renew an existing use which is already established and is not considered to create a significant negative impact on the locale. The proposal is therefore considered to comply with policies RTC 1 C and RTC 3 B of the Finalised Draft North Lanarkshire Local Plan.

7.6 lmpact on Amenity of Locale: The proposed renewal of temporary consent for a taxi office is considered to be acceptable on the grounds that the use fulfils an established need and has operated successfully for more than 10 years. Furthermore, the level of impact on the surrounding commercial and residential properties arising from this use is acceptable in planning terms.

7.7 Consultations: Traffic & Transportation advised they had no objections to the proposals

8. Conclusions

8.1 In conclusion, the proposal is acceptable and is accordance with policies SC 1 (Protect and Enhance Existing Local Shopping Areas), SC 2 (Improve Shopping Facilities), SC 3 (Assessing Applications for Bad Neighbour Development) and TR 6 (Development Control Criteria) in the Northern Corridor Local Plan, 2005. The proposed renewal of the taxi office will not result in an unacceptable detrimental impact on the amenity of this location. Taking account of these matters, it is recommended that planning permission be granted to extended temporary consent for a period of 5 years.

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Application No:

1 1 /00055/FUL


Variation of Conditions 3 and 11 of Planning Permission 02/00972/OUT to Allow Construction of up to 270 dwellings at Density of 22 per Hectare and to Allow the Completion of Golf Clubhouse Before Commencement of Work on the 25th House.

Site Address:

Torrance Park Legbrannock Road Newarthill Motherwell

Date Registered:

24th January 201 1

Applicant: New Brannock Ltd Per Murray Estates Ltd 10 Charlotte Square Edinburgh EH2 4DR

Application Level: Major Application

Ward: 01 5: Mossend And Holytown Councillors James Coyle, Paul Delaney & Kevin McKeown

Agent: Adrian Smith 203 Bath Street Glasgow G2 4HZ


Representations: Two letters of representation received.



The proposal is considered acceptable in terms of the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan in that the proposal can be accommodated without detriment to the surrounding area.

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I I I PLANNING APPLICATION 11 000551 FUL

Variation of Conditions 3 and 11 of Planning Permission 0210097210UT to Allow Construction of up to 270 dwellings at Density of 22 per Hectare and to A I I w the Completion of Gotf Clubhouse Before Commencement of Work on the 25th House

Torrance Park, Legbrannock Road, Newarthill, Mothetwell * Representation , ,Site Area 153.29

Produced by brh Lanarkshire Counal Planning and Environment Oepartmnt,

td 01698 274274 Cx 01898 403053


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The total number of residential units shall not exceed 270 dwellings and shall be constructed at a density which does not exceed 22 dwellings to the hectare.

Reason: To define the permission and ensure that the proposed housing is within the upper market range.

That the proposed golf clubhouse shall be constructed and ready for public use before the commencement of work on the twenty-fifth (25'h) house on the development.

Reason: To ensure the provision of the approved facilities and opening of the golf course in association with the approved residential development, in the interests of the occupiers of the development and the surrounding area.

For the avoidance of doubt, all conditions imposed by Planning Permission Ref. 11/00056/FUL granted 14th April 201 1 shall apply to this consent, with the exception of Condition 6, which incorporate Conditions 3 and 11 of Planning Permission Ref. 02/00972/OUT granted 2dh January 2008, which are now amended under the terms of this permission.

Reason: In order that the Planning Authority retain control of the mixed use development in the interests of amenity and environmental protection.

With the exception of the indicative Illustrative Masterplan, the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority.

Reason: To clarify the drawings on which this approval of permission is founded.

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Backaround Papers:

Representation Letters

Letter from Naveed Razak, Holytown Crematorium and Memorial Gardens, 1 Memorial Way, A723 Carfin - Holytown Link Road received gth February 201 1. Letter from Janice Crombie, 141 Burnside Road, Newarthill, Motherwell received 1'' February 201 1.

Consultation Responses:

Memo from Transportation received 1" March 201 1. Letter from Scottish Water received 7'h February 201 1. Letter from SP Energy Networks received 22nd February 201 1.

Contact Information:

Any person wishing to inspect these documents should contact Miss Heather Gebbie at 01 698 2741 12

Report Date:

6th June 201 1

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REPORT

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Site Description

The application site, locally known as Legbrannock, lies to the north of Newarthill and east of Holytown and amounts to some 150 hectares. The site is bounded by main arterial public road network including A723 Carfin-Holytown Link Road to the west, A775 Edinburgh Road to the north, Biggar Road to the east with Legbrannock Burn lying to the south. The Torrance Park mixed use development site currently comprises of a golf course which covers 63 hectares and stretches from Biggar Road in the east across Legbrannock Road, to the northwest to Edinburgh Road and east to Holytown Church. The land to the west of the golf course comprises of open, mature grassland and this land is the area identified for housing. The golf course is currently served by a temporary golf clubhouse which is accessed from Legbrannock Road. The majority of the site slopes in a north east to south west direction with some undulating areas within. There is presently no vehicular access to the site from the A723 Carfin- Holytown Link Road.


Planning permission Ref. 02/00972/OUT for a mixed use leisure and residential development (in outline) was granted on 25'h January 2008 subject to a Section 75 Legal Agreement following a Call-In and Public Inquiry held by the Scottish Government. The applicant is seeking permission to amend Condition 3 of that permission in order to increase the permitted number of dwellinghouses from 180 at a maximum density of 15 dwellings per hectare to 270 with a maximum density of 22 houses per hectare. The applicant also seeks permission to amend Condition 11 to delay the construction of the permanent golf clubhouse until the commencement of construction of the 2dh house within the application site. The above approved schem: currently requires the clubhouse to be in place by the time of construction of the 11 house. The applicant has confirmed that the above amendments are sought due to the fairly recent change in the economic climate.

Applicant's Suwottina Information

The applicant has submitted a Pre-Application Consultation with the Community Report, which is a statutory requirement for this major application. The report summarised the consultations undertaken with Carfin Community Council, New Stevenston Community Council (non-active), Bellshill Community Council, local stakeholders and politicians including Elected Members, MSPs and MPs. A public event was held on 20th November 2010 at the Michael Sherry Memorial Centre, Holytown and publicised prior to the event in the Motherwell Times and Bellshill Speaker.

Site History

There have been a number of previous application for this site:

419/94: Change of Use to Recreational and Mixed Uses comprising a Golf Course, Clubhouse and Driving Range, Sports Club and Outdoor Centre, Football Centre, Indoor (All Weather) Sports Centre, Hotel and Conference Facility, Housing, Nursing Home (optional) and Garden Centre, together with Landscaping and Alterations to Road Network granted November 1997. 98/01 155/REM: Golf Course, On and Off Site Road Works, Structure Planting and associated works granted April 1999. 99/00621/OUT: Residential development adjacent to the A723 refused by the Scottish Ministers on 1 Oth July 2000. 00/0081O/OUT: Renewal of Outline Planning Permission for Mixed Uses

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granted October 2001 subject to a Section 75 Legal Agreement. 00/00715/FUL: Maintenance Building and Compound granted August 2000. 00/01328/FUL: Clubhouse, Driving Range and Five-a-side Football Centre granted on 1 4'h March 2001. 02/00972/OUT: Mixed Use Leisure and Residential Development (In Outline) granted 2!jth January 2008. 08/0073O/FUL: Formation of Enlarged Roundabout on A723 granted on 1 dh April 2009. 08/00731/REM: New Build Golf Clubhouse Facility with Associated Landscaping and Road Infrastructure and Regradin# of Land (Reserved Matters for Application S/02/00972/OUT) granted on 28 May 2009. 09/00468/FUL: Erection of Temporary Golf Club House, Upgrade to Existing Access Road & Formation of Parking Area granted on 1 7'h June 2009. 11/00056/FUL: Variation of Conditions 1 and 2 of Planning Permission 02/00972/OUT to Extend the Time Period by 3 Years within which Development will Commence and to submit the "Specified" Reserved Matters granted 1 4'h April 201 1.

Development Plan

The site is covered by a number of local plan policies within the adopted Southern Area Local Plan 2008. The majority of the site is covered by Policy L2.2 (Mixed Use Leisure Development) with an arc-shaped area within the western part of the site zoned under Policy HSG2 (Private Housing Development). The southern section of the site, along the Legbrannock Burn Corridor, is covered by Policy ENV7.1 (Urban Fringe Improvements) and Policy ENV14 (Site of Importance for Nature Conservation). Furthermore minor parts of the site are zoned under Policy ENV6 (Green Belt).

The eastern part of the site is covered by Policy NBE3A (Green Belt) in the emerging Finalised Draft North Lanarkshire Local Plan. The western part of the site is covered by Policy HCF1 B1 (Community Facilities) with an arc-shaped area covered by Policy HCF2 A1 (Sites for Short Term Housing Development). The southern section of the site, at the Legbrannock Burn, is covered by Policy NBE1 A3a (Natural Environment- Sites for Importance for Nature Conservation).

Consultations

A summary of comments from the consultees are as follows:

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Transportation have requested that a Transport Assessment is submitted due to the increase in the number of units within the site. Scottish Water have no objection to the proposed development however they note that there are no public sewers in the vicinity of the proposed development and there is limited capacity available for new demand at Daer Water Treatment Works. They advise that the developer would require to pay for any costs associated with upgrading the existing network to enable any future connections. SP Energy Networks have no objection to the proposed development, however they note that there are underground cables and overhead lines within the area of the proposal and they reserve the right to protect their apparatus at the applicant's expense.

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Representat ions

Two letters of representation have been received in relation to this application following the neighbour notification procedure and press advertisement. The grounds of representation are summarised below:

I. The proposed development would adversely affect the view currently enjoyed

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from Burnside Road. II. The proposed development would have a significant impact upon the wildlife

within the application site including wild deer, horses, pheasants, foxes and hawks.

Ill. The proposed development would overlook the Crematorium building and its associated land.

IV. The construction works associated with the proposed development would result in disturbance from increased traffic which would in turn disturb clients visiting the crematorium whom would already be in an emotional state.

a. Plannina Assessment

8.1 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. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is covered by Policies L2.2 (Leisure Development), HSG2 (Private Housing Development), ENV6 (Green Belt), ENV7.1 (Urban Fringe Improvements) and ENV14 (Nature Conservations Sites) in the Southern Area Local Plan 2008. Policies HSGS (Assessing Applications for Housing Development), ENV5 (Assessment of Environmental Impact) and TR13 (Assessing the Transports Implications of Development) are also relevant to this application.

DeveloDment Plan:

8.2 The majority of the site is covered by Policy L.2.2 (Mixed Use Leisure Development) and mainly relates to the area developed for the golf course. The arc-shaped area within the western half of the site is covered by Policy HSG2 (Private Housing Development) reflecting the existing planning permission for housing at the site. In view of the site history, it is therefore considered that the proposed development complies with Policies L2.2 and HSG2.

8.3 Policy HSGS (Assessing Applications for Housing Development) sets out criteria when considering planning applications for residential developments, including the impact of the proposal on the character and amenity of the surrounding area as well as detailed design matters. In view of the previous approval for residential use at this site, it is accepted that the principle of development at this location has already been established. The applicant is seeking permission to increase the density and number of dwellinghouses which were approved under planning permission Ref. 02/00972/OUT. Planning condition 3 restricts the residential element of the wider mixed use scheme to 180 dwellinghouse with a maximum density of 15 dwellings per hectare. The Reporter’s decision to approve the residential element of the mixed use development was on the basis that the housing would provide an upper market choice which is not readily available in the local area and the housing would also economically support the leisure development. The restriction placed on the density and number of dwellings is to ensure that any site layout would provide upper market housing within the identified residential site. As a result of the changing economic climate, the applicant originally proposed an additional 120 units to the approved 180 and a higher density of 25 dwellings per hectare within the site, however it was considered that a total of 300 units at this location would be detrimental to the adjacent golf course setting and would be of a similar density to the nearby suburban housing developments within Newarthill and Holytown. Furthermore it is considered that this density and number of units would not meet the Reporter’s aspirations for upper market housing. In view of this position, the applicant agreed to reduce the proposed number of dwellinghouses from 300 to 270, thus resulting in a net increase of 90 dwellings. Furthermore, the overall proposed density of the dwellings would also be reduced from 25 to 22 per hectare. The applicant has submitted a part masterplan demonstrating that a higher density of housing could be achieved across the site which would still provide upper market housing choice. It is considered that the increased density and unit numbers is acceptable in that they would not significantly

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adversely affect the character and amenity of the surrounding area, can be suitably accommodated within the site and would complement the adjacent leisure development. Matters relating to design and layout of the housing and landscaping, can be addressed in any matters specified in conditions application. It should be noted that a scheme of structural planting along the boundaries of the site is required as part of the outline planning permission Ref. 02/00972/OUT. Matters relating to transportation are discussed in detail at paragraph 8.4 below. It is therefore considered that the proposal complies with Policy HSG9.

8.4 Policy TR13 (Assessing the Transport Implications of Development) requires assessment against various criteria relating to access, parking and the impact of the proposal on the road network. Transportation has requested that a Transport Assessment is submitted by the applicant in order to fully assess the impact of the proposal on the surrounding road network as a result of the increase in the number of dwellinghouses. Whilst it is acknowledged that the applicant proposes a further 90 units in addition to the consented 180 dwellings, the principle of residential development at this location has already been established, utilising the same access which was approved by the Reporter for the wider development scheme. It should be noted that the applicant will access the site via a new roundabout (Planning Permission Ref.O8/00730/FUL) to be constructed on the A723 and the associated access road. In view of the increased number of units, it is considered that a Transport Assessment is not required in this instance as the principle of the location of the access road has already been accepted. It should be noted that no off-site road works are required for the wider development approved under planning permission Ref. 02/00972/OUT. Taking account of the above, it is considered that the proposed development is held to comply with Policy TR13.

Other Material Considerations:

8.5 A material consideration is the Finalised Draft North Lanarkshire Local Plan (FDNLLP). The majority of the site is zoned under Policy NBE3A (Green Belt) with the western part of the site covered by Policy HCFl B1 (Community Facilities). Also, within the western part of the site, an arc-shaped area is covered by Policy HCF2 A1 (Sites for Short Term Housing Development). The southern part of the site, along the Legbrannock Burn Corridor, is zoned under Policy NBE1 A3a (Natural Environment- Sites for Importance for Nature Conservation). In this case, the proposed amendments to Conditions 3 and 11 affect the residential development and the timing of the construction of the golf clubhouse, the location of both these developments are within the western area of the site zoned under Policies HCF2 A1 and HCFl B1 respectively. The FDNLLP also requires proposed developments to be assessed under Policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). In view of the previous site history, the principle of the housing and clubhouse has already been established at this location; therefore the proposal is compliant with Policies HCF2 A l l HCFl B1 and DSP’s 1 and 2. With regard to the impact of the development, Policy DSP3 takes account of the economic, social, or environmental impact of proposals on the infrastructure of the community. As detailed in paragraph 8.3 above, the proposed impact of the increased density and number of dwellings are considered acceptable in that the housing can be suitably accommodated within the site without having a detrimental impact on the surrounding area. Furthermore, the increased unit numbers will assist in the economic development of the wider mixed use site. It is considered that the delay in construction of the 25’h house is considered acceptable in view of the phasing for the overall development site. Whilst Policy DSP 4 states that development will only be permitted when design is of a high standard and, in this case, the design of the residential units will be assessed during any subsequent matters specified in conditions application. Nonetheless, it is considered that a high quality residential development for upper market housing, based upon the Reporter’s decision in the previous outline planning application, can be achieved with the increased density and unit numbers. With regard to the golf clubhouse, the design and quality of the development has already been assessed and considered

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acceptable in the previous application Ref. 08/00731 /REM. It is therefore considered that the proposal complies with the draft Local Plan.

Consultations:

8.6 With regard to the responses received from SP Energy Networks and Scottish Water, these matters can be suitably addressed by way of planning conditions.

Representations:

8.7 With regard to the points of representation received, I would comment as follows:

I. Any impact on view currently enjoyed at nearby properties is not a material planning consideration.

II. The impact of the proposed development on any wildlife, including protected species, would be addressed in any subsequent matters specified in conditions application through the submission of any protected species survey including any associated mitigation measures.

Ill. As this application relates to the amendment of the number of units, density of the dwellinghouses and the timing of the construction of the golf clubhouse, the principle of the residential development at this location has already been established. Matters relating to the positioning of the dwellinghouses, overlooking and privacy would be addressed in any subsequent matters specified in conditions application.

IV. Any construction works are considered temporary in nature and the proposed construction route and management plan can be fully assessed in any matters specified in conditions application.

9. Conclusions

9.1 In conclusion, as planning permission has already been granted, it is considered that the proposed development does not raise any policy issues in terms of the development plan. Notwithstanding the objections received, it is therefore recommended that planning permission is granted for an amendment to Condition 3 to increase the maximum density to 22 dwellings per hectare and to increase the number of dwellinghouses to 270. With regard to the completion and opening of the golf clubhouse for public use, it is recommended that Condition 11 is amended to state that this should be complete and open by the time of commencement of construction of the 25th dwellinghouse within the site.

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Application No:

1 1 /00099/FUL


Change of Use from Part Farm to Storage of Caravans and Boats (in retrospect). Site Address:

Eastbank Farm Stepps Road Auchinloch G66 5ED

Date Registered:

4th March 201 1

Applicant: Mrs Gillian Methven Eastbank Farm Stepps Road Auchinloch G66 5ED Application Level: Local Application

Agent: N/A


Ward: Representations: 005 Strathkelvin No representation received. William Hogg, Joseph Shaw, Brian Wallace, Frances McGlinchey,


Reasoned Justification: The seasonal storage of touring caravans and boats is considered to be a generally acceptable means of diversification of rural based operations and is seen as acceptable within this Green Belt location.

Approve Subject to Conditions:-

1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number: - Block plan 2"d March 201 1.

Reason: To clarify the drawings on which this approval of permission is founded,

2. That for the avoidance of doubt caravanlboat storage shall only take place within the shed and hard standing area shown on the approved block plan. The proposed caravan/boat parking area shall be used for the storage of unoccupied touring caravans only and for no other use without the prior written approval of the Planning Authority.

Reason: To define the use of the land.

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ngmuirhead Farm

11 moa99rFu L Ws G illian Methven Eastbank Farm Stepps Road Auchinloch Change of Use from Part Farm to Storage of Carwans and Boats.

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*nlwr.ll..u9l~ wit= ..m."LL.h g%=zr=g*"7 E=?$?- .-.--.*.-

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Backaround Papers:


No representation received.


Traffic & Transportation (Northern Area) memorandum received 1 lth April 201 1


Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 61 6475

Report Date:

6'h June 201 1

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REPORT

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7.1

Site Description

The application is in retrospect for the storage of caravans and boats at Eastbank Farm, Stepps. The application site measures 0.2 hectares and comprises an area of flat hard standing which previously formed part of Eastbank Farm. Existing structures on the site include two large agricultural sheds and the farm dwelling. The site is located within a predominantly rural area and is bounded to the north by a golf course, to the south by open fields and Lenzie Road beyond, to the east by open fields and Cultburn Farm beyond and to the west by open land and Langmuirhead Farm beyond.

Proposed DeveloDment

The application retrospectively seeks to regularise the use of farm yard and buildings as a caravan/boat storage area. This area currently has open storage for 12 caravandboats with additional storage for 8 caravandboats within the larger of the agricultural sheds. The development is accessed via the 8757 road along an existing shared access with Cultness Farm.

Applicant’s Supportina Information

The Scottish Agricultural College and applicant have provided supporting information on the operation of the farm unit at Eastbank Farm including details from the Rural Payments and Inspections Directorate.

Site History

The following previous applications are relevant to the current proposal.

0

0

01/01246/FUL Construction of a Farmhouse granted gth November 2001. 10/00157/COMP Enforcement enquiry Unauthorised storage of caravans/ boats.

The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies. The site is covered by Policies ENV 2-8 (Green Belt) in the Northern Corridor Local Plan 2005.

Consultations

A summary of comments from consultees is as follows:

Traffic and Transportation: has no objection to the development and have made a number of recommendations referring to road widths, sightlines, turning facilities and parking.

Representat ions

No letters of representation were received following the standard neighbour notification process and publication of the proposal on the weekly list and in the local press.

23

8.

8.1

8.2

8.3

8.4

8.5

8.6

8.7

9.

9.1

Plannina Assessment


Development Plan Northern Corridor Local Plan 2005: Relevant policies are as follows.

Policy ENV 2-8 (Green Belt). These policies are intended to protect the Green Belt from inappropriate development. While, the storage of touring caravans/boats can on occasion be considered an acceptable means of rural diversification of rural based operations this is normally only the case where the impact is acceptable and where the rural benefits outweigh any limited loss of amenity. In this case the caravans/boats will be stored either within or behind existing agricultural sheds and as such the impact on the openness of the countryside at this location will not be significantly affected. It is considered that the caravan/boat storage area as a means of rural diversification is not considered contrary to the Green Belt policy as it is significantly beneficial to a local agricultural operation by providing additional seasonal income.

Other Material Considerations - Finalised Draft North Lanarkshire Local Plan. The zoning of the site does not change in this plan and the development is therefore considered to be in accordance with policy NBE3 A (Green Belt).

Effect on Rural Character: Adjoining land uses consist of a golf course and open farmland with it being considered that the rural amenity is not significantly adversely effected by caravan/boat storage. Screen landscaping on the golf course boundary helps mitigate against the visual impact of the caravans and boats with the majority of caravans/boats positioned within or behind an existing agricultural shed resulting in substantial screening. As such any potential adverse effect on the existing rural character of the site and the general area is limited.

Agricultural Diversification: A supporting statement and plan has been submitted detailing the current level of agricultural activity. This demonstrates that throughout the year there is a level of agricultural activity on the farm and as such the proposal represents an acceptable diversification of an agricultural unit.

Consultees: Traffic and Transportation have made a number of recommendations which have to be weighed against maintaining the rural environment and the relatively low level of seasonal traffic associated with the development. In this case the recommendations are not considered appropriate due to the relatively low amount of additional seasonal traffic over and above the current agricultural traffic associated with this existing access.

Conclusions

It is considered that the seasonal storage of touring caravans/boats is an acceptable means of diversification of an established agricultural operation. It is therefore recommended that the proposal is approved in retrospect subject to conditions.

24

Application No:

11/00113/FUL


Construction of Dwellinghouse

Site Address:

Site To The Rear Of 9-1 1 Lorn Avenue C h ryston

Date Registered:

23rd January 201 1

Applicant: Mr Gary McAulay 66 Cumbernauld Road Muirhead G69 9AB


Agent: N/A


Ward: Representations: 005 Strathkelvin William Hogg, Joseph Shaw, Brian Wallace, Frances McGlinchey

Seven letters of representation received.



The positioning of the proposed dwellinghouse is acceptable and a satisfactory road frontage has been achieved. The design, scale and materials to be used are considered to be acceptable and the proposal will not detract from the residential amenity of the surrounding area. The potential impact on neighbouring properties is considered to be acceptable. The proposal complies with the adopted Northern Corridor Local Plan, 2005.

25

I I~OI I~~FUL M Gary McAulay Site To The Rear Of9-I1 Lorn Avenue Chrvston


1.

2.

3.

4.

5.

6.

7.

8.

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- LO1, L02, L10, L11, L12 and E01 and E03.


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, boundary treatment, 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) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.

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

That all works included in the scheme of landscaping and planting, approved under the terms of condition 3 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 full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.


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: In the interest of the amenity of the site and the general area.

That before the development hereby permitted is occupied all the fences, or walls, as approved under the terms of Condition 5 above, shall be erected.


That before the development hereby permitted is brought into use, a 2 metre wide footway and dropped kerb vehicular access shall be constructed to adoptable standards where the driveway fronts onto Lorn Avenue, details of which shall first be submitted to and approved in writing by the Planning Authority.

Reason: To satisfy the requirements of the Roads Authority.

That before work starts on site, full details of drainage measures to be installed on the driveway shall be submitted for the written approval of the Planning Authority. The driveway shall be completed in accordance with the approved drainage details.

27

Reason: To prevent surface water running onto the public road.

That before any works start 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 principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000.

Reason: To ensure the provision of adequate drainage facilities for site.

That before any works start on site, full elevational drawings of the proposed garage shall be submitted to and approved in writing by the Planning Authority. Except as may otherwise be agreed in writing by the Planning Authority, the garage will be no higher than 4 metres in height.

Reason: To ensure the provision of adequate drainage facilities for site.

That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.


That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.


Backaround Papers:


Letter from Miss Janice Lindsay, 1 Millbrae Avenue, Chryston received 30th April 2 Letter from Mr lan Anderson, 9 Lorn Avenue, Chryston received 8'h March 201 1

11

Letter from Mr H Williamson, 235 Cumbernauld Road, Chryston received I" March 201 1 Letter from Mr John McKay, 41 Millbrae Avenue, Chryston received 24'h February 201 1 Letter from Mr lan Anderson, 9 Lorn Avenue, Chryston received 23rd May 201 1 Letter from Mr and Mrs S Reilly, 1 1 Lorn Avenue, Chryston received 1 5'h March 201 1 Letter from Mr Bruce Brockett, 3 Lorn Avenue, Chryston received 28'h April 201 1


Memo from Traffic and Transportation received on 7'h March 201 1,

Contact information:

Any person wishing to inspect these documents should contact Mr Barry Clarke at 01236 61 6394.

Report Date:

31 st May 201 1

28


REPORT

1.

1 . I

1.2

1.3

2.

2.1

2.2

2.3

3.

3.1

4.

4.1

Site Description

This application is for the construction of a two storey dwellinghouse on a vacant plot, which is currently owned by North Lanarkshire Council, to the rear of 9 and 11 Lorn Avenue, Chryston. The application site (a former garage reserve site) is currently disused open space made up mostly of a tarmac and grassed area. The current boundary treatment consists of a vehicular barrier, trees and bushes to the south and a 1.8 (approx) metre high close boarded timber fence, trees and bushes around the other boundaries.

The site is approximately 1000 square metres, surrounded by neighbouring residential properties with a private access lane situated to the south. The ground level is relatively flat and at a similar level to surrounding properties. Surrounding residential properties consist mainly of two-storey, semi-detached houses characterised by large rear gardens.

It is noted that the land was promoted for sale by North Lanarkshire Council’s Property Services, for a proposed residential use, and a brief produced in relation to this proposal.


This proposal comprises the construction of a two-storey detached house with three bedrooms and a detached garage. The proposed house would have a footprint of 128.5 square metres and a maximum height of 8.5 metres. The detached garage would have a footprint of 23 square metres. Access would be taken to the plot from Lorn Avenue to a private driveway to the west of the dwellinghouse (to the south of no.11 Lorn Avenue). In-curtilage parking provision would be provided for several vehicles in addition to the garage. The external materials of the proposed dwellinghouse would comprise white wet dash rendered external walls and grey concrete roof tiles.

The proposed house would be positioned facing towards Lorn Avenue (with its frontage facing directly toward the access from Lorn Avenue) and would have a front garden depth ranging from 9 to 17 metres (not including the section of driveway that runs from the access from Lorn Avenue). The rear garden would have a depth ranging from 17 to 26 metres. The north elevation of the proposed dwellinghouse would be situated approximately 3.5 metres from the northern boundary of the plot and the south elevation of the house ranging from 1 to 3.5 metres from the southern boundary.

It is noted that amended drawings were submitted following the submission of an earlier scheme. The previous scheme was for a much larger dwellinghouse with an integral double garage. The previous design of the dwellinghouse did not respond well to the constraints of the site. In particular, concerns were raised over its scale, orientation and positioning. Following negotiation with the applicant this revised scheme was submitted.

Site History

There is no relevant planning history for this property.

Development Plan

The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

29

4.2

5.

5.1

6.

6.1

7.

7.1

7.2

7.3

7.4

7.5

In the adopted Northern Corridor Local Plan, 2005, the site lies within an area covered by Policy HG3 (Retention of Residential Amenity). Policy HG4 (Assessing Applications for Residential Development) is also applicable.

Consultations

Traffic and Transportation have no objections to the proposal provided that several conditions in relation to a dropped kerb access, drainage, parking provision and turning can be met.

Representations

Seven representations have been received in relation to the application, including a request for a site visit and hearing. Points of objection include concerns with drainage, the scale and positioning of the proposed house, overlooking of neighbouring properties, inconvenience caused during the construction period, the loss of usable open space, an adverse impact on the outlook of neighbouring properties, overshadowing, damage to existing trees on the boundary of the site, road traffic and access concerns, the proposal effectively comprising a backland development, non compliance with planning policy and lack of neighbour notification (in connection with the initial planning application).

Plannina Assessment


DeveloDment Plan Northern Corridor Local Plan 2005: Policy HG3 (Retention of Residential Amenity) applies in this case and states that proposals should not detract from local residential amenity. As a residential use, it is considered that the proposal complies with the broad policy zoning.

Policy HG4 (Assessing Applications for Residential Development) is also applicable and considers relationship with surrounding land uses, impact on the locality including means of access, parking provision, landscape and overall setting and the impact on the natural and built environment, including layout design and external appearance. It is considered that the proposal complies with this policy for the reasons detailed in paragraphs 7.4 to 7.10. In broad terms, the revised scheme has achieved a much more appropriate site layout and relationship with neighbouring properties than the previous submission and the proposal complies with the relevant design guidance in the adopted Local Plan.

Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The primary zoning of the site does not change in the emerging local plan. The development is considered to comply with Policy HCF 1A (Residential Amenity) as it is considered that it will have an acceptable impact on the residential amenity of the surrounding area. The proposal also complies with Policy DSP4 3(d) (Quality of Development) for the reasons set out in this report.

Desian and Positionina of the Dwellinahouse - Although it is acknowledged that the proposed dwellinghouse is large in relation to existing neighbouring properties, the design and scale is of an acceptable nature, particularly taking into account the distance from those properties and public vantage points and in light of the size of neighbouring gardens. The revised scheme incorporates a design that responds much better to the constraints of the site, in particular its orientation and positioning in relation to Lorn Avenue and the lane to the south, affording the property an acceptable level of road frontage. It is acknowledged that the house will have a sense of being set back from the public road but taking into account the

30

characteristics of the site, its access and the relationship with neighbouring properties, this is considered acceptable. A generous amount of garden ground is attributed to the plot.

7.6 lmmct on Residential Amenity - It is considered that the proposal will not detract from the residential amenity or character of the application site or the surrounding area to an unacceptable degree. Following negotiation with the applicant, better consideration has been given to the positioning and orientation of the proposed dwellinghouse within the plot and overall scale of development. It is noted that an area of vacant land will be lost as a result of the proposal, however in its present state the land has limited amenity or recreational value. It is also noted that in terms of plots ratios, the surrounding properties have large gardens (as does the proposed development) and post development, a low density residential area will remain. Overall, although a new house will introduce change, the impact on the general residential nature of the area and the amenity of existing residents is considered to be acceptable in planning terms.

7.7 lm~act on Neiahbourina ProDerties - It is considered that the proposal would not have an unacceptable impact on the privacy of neighbouring properties. Windows on the upper floor will be situated an acceptable distance from the boundary with neighbouring properties and from neighbouring houses. The upper floor windows on the front elevation will be situated at least 12 metres from the site boundary and over 25 metres away from the nearest dwellinghouse. No upper floor windows are being created on the side elevations. Due to the shape of the site, upper floor windows on the rear elevation will be situated at closest, approximately 5 metres from a common boundary with neighbouring gardens although at a very shallow angle. This does not raise any significant privacy concerns and the relationship of the remaining windows on the rear elevation with neighbouring properties increasingly improves. Thereafter, there is a substantial distance to the nearest dwellinghouse, well in excess on minimum window to window standards. Overall, the proposal exceeds minimum privacy standards.

7.8 No neighbouring dwellinghouses will be unacceptably affected by overshadowing as a result of the proposed dwellinghouse and garage. Only small sections to the rear of large neighbouring gardens to the north and west of the proposed dwellinghouse and garage will experience some impact at certain times of the day, although this will not be to an unacceptable level. A degree of overshadowing is already produced by mature trees and it is noted that those properties benefit from large gardens which will remain largely unaffected. The proposed garage will create a degree of overshadowing of sections of neighbouring gardens but this will not be to an unacceptable extent. The distance from neighbouring dwellinghouses is such that there will be no unacceptable internal loss of sunlight or daylight. It is recognised that the proposal is introducing a house where there has not been one previously, and will therefore result in a new feature in the landscape, however the reduced scale and improved positioning of the amended proposal is not considered to have an unacceptable impact on surrounding properties.

7.9 The existing boundary treatment on the application site comprises a variety of trees, shrubs and screen fencing. The screening provided by the boundary treatment is best on the northern and eastern boundaries and remains largely unaffected with trees being located in neighbouring properties. The boundary is weakest to the south although a new 1.8 metre high close boarded screen fence will be erected along the southern and eastern edges of the garden space within the application site. The relationship of the boundaries with neighbouring land uses is considered to be acceptable.

7.10 Road Traffic Matters - The proposed dwellinghouse would utilise an existing vehicular access to the property from Lorn Avenue. The in-curtilage parking that will be provided is considered to be adequate for the size of the dwellinghouse. It is

31

noted that no objections have been received from the Traffic and Transportation Section and recommended conditions can be satisfactorily achieved.

7.11 Development Brief - The site has been offered for sale accompanied by a development brief. This brief included general guidance on siting, height, materials and access and parking. For the reasons detailed above the proposed house is considered to comply with the development brief.

7.12 Representations - Seven letters of representation have been received from neighbouring properties. The points of objection can be summarised as follows:

a. The proposed development will exacerbate drainage problems in the area.

Comment: The proposed dwellinghouse is not considered to represent a development unacceptable due to drainage constraints. A condition is attached to ensure that the requirements of Scottish Water are met and that surface water drainage is managed appropriately. Internal drainage layouts would be considered via the Building Regulations.

b. The applicant has not submitted an accurate plan of the boundary of the application site. This will result in the felling of trees and shrubs planted by other residents which are outwith the application site.

Comment: Property Services have clarified the boundary line with the applicant and it is considered that an accurate plan has been submitted as part of the revised proposal. There is an element of existing vegetation located outwith the site boundary at this location.

c. The size and extent of the house is out-of-keeping with surrounding properties on which the proposal will have an overbearing impact. The design of the proposal is not consistent with surrounding properties. The design is harmful to local residential amenity contrary to both the adopted and emerging local plans.

Comment: It is noted that several of the objections which raised this point were submitted prior to the design change to the proposal. Nonetheless, for the reasons set out in this report, this objection is not supported and it is considered that the development can be satisfactorily integrated in the wider area and comply with local planning policy and guidance.

d. The proposal will result in the overlooking of neighbouring properties.

Comment: For the reasons set out in this report it is considered that the level of overlooking will not be to an unacceptable extent.

e. The proposal will result in the damage of existing trees on the boundary of the application site.

Comment: It is noted that trees surrounding the site are not protected by a Tree Preservation Order. Trees in neighbouring gardens are not physically displaced by the proposed development and the proposed dwellinghouse footprint does not fall within any canopy line. The garage is located close to a neighbouring tree, however, it is for the developer to ensure construction results in no adverse impacts on neighbouring properties. In landuse terms the layout is considered acceptable and it is for the developer to ensure satisfactory implementation.

f. The construction period will result in construction traffic, noise and inconveniences for existing residents. Furthermore no construction methodology has been submitted.

32

Comment: It is recognised that a temporary inconvenience for existing residents may be brought about as a result of construction works, however, this is not material to the planning assessment. A construction methodology is not required as part of the planning application.

g. The development will result in a loss of open space which is utilised by local people.

Comment: It is not considered that the plot serves a public recreationaVamenity value worthy of protection.

h. The development will have a negative impact on the outlook of neighbouring properties.

Comment: It is accepted that the introduction of a new dwellinghouse on this now vacant site will have an impact on the outlook of neighbouring properties. It is considered however that this will not be to an unacceptable level and that the development can integrate satisfactorily into the area without undue impact upon established amenity levels.

i. Concern over emergency service vehicles and construction traffic access to the site.

Comment: The site benefits from a direct vehicular access from Lorn Avenue and no objections have been raised by the Traffic and Transportation Section.

j. The proposal will result in the overshadowing of neighbouring properties.

Comment: It is considered that no neighbouring dwellinghouses will suffer an unacceptable level of overshadowing for the reasons detailed in this report.

k. Concerns are expressed with the road visibility at the entrance to the site.

Comment: It is noted that the consultation response from Traffic and Transportation raises no concerns with visibility.

I. The proposed dwellinghouse will have a poor outlook, will suffer from an enclosed positioning and will comprise backland development.

Comment: It is considered that the proposed dwellinghouse will have an adequate level of amenity for the reasons detailed in this report.

m. Neighbour notification was not received.

Comment: An error in the initial neighbour notification process led to several properties being omitted. This was rectified and further notifications were issued and following this representations were received. Also it should be noted that fresh neighbour notification was carried out following the submission of revised plans.

8. Conclusions

8.1 It is considered that the revised house type and layout is appropriate for the application site, and in particular its positioning and orientation within the plot are considered to be acceptable. A suitable road frontage has been achieved and accordingly the proposal is considered to be acceptable in planning terms. The Council’s minimum open space requirements have been achieved by the amended design and the proposal is not considered to have an adverse impact on the residential amenity and character of the general area.

33

8.2 The potential impact of the proposal on the privacy of neighbouring properties is considered to be acceptable and there will not be a significant impact in terms of overshadowing. Despite several objections to the proposal having been received it is considered that an acceptable site layout and design has been achieved by the amended scheme and that the points of objection do not warrant a recommendation for refusal of the application. Traffic and Transportation have not offered any objections to the proposal subject to several conditions being met. It is considered that the proposal complies with the development brief which was produced for the site.

8.3 Having taken account of all relevant matters it is considered that the proposal is acceptable. Accordingly the proposal complies with the Northern Corridor Local Plan 2005 and the Finalised Draft North Lanarkshire Local Plan. It is recommended that planning permission be granted subject to conditions. It is noted that a site visit and hearing has been requested.

34

Application No:

11/00153/FUL


Demolition of Existing Barns, Derelict House and Associated Farm Buildings and Re-development of Site with 4 x Single Storey Dwellings with Attic Accommodation to Form a Residential Cluster

Site Address:

Glebe Farm Manse Road Salsburgh ML7 4NS

Date Registered:

25th February 201 1

Applicant: Mr Douglas Mawdsley c/o GCA Architects Ltd 87 Calder Street Coatbridge ML1 3LS


Ward: 012 Fortissat Charles Cefferty, Malcolm McMillan, James Robertson,

Agent: Jon-Marc Creaney Kelvin House 87 Calder Street Coatbridge ML5 4EY

Contrary to Development Plan: Yes




The proposed application fails to meets the criteria set out in the relevant policies contained within the Monklands District Local Plan. The proposals however are considered to be acceptable in terms of the Finalised Draft North Lanarkshire Local Plan and the approved supplementary planning guidance SP 08 Development in the Rural Investment Area. The impact of the proposed development is considered acceptable and the proposed development can be accommodated at this location without significant detriment to the surrounding rural area.

35

PLANNING APPLICATION 11 I00153 I FUL

Demolition of Existing Earns, Derelict House and Associated Farm Buildings and Re-development of Site Mth 4 x Single Storey Dwellings with Attic Accommodation to Form a Residential Cluster

Glebe Farm, Manse Road, Salsburgh 3 /

Pmduced by North Lanarkshire Council Planning and Enuimnment Department.

Cr 01698 403053


1.

2.

3.

4.

5.

6.

7.


Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers;- L 001, L 002 L003, L 004, L 005, L 006, L 007, L 008.



Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls, windows and roofs, guttering etc shall be submitted to and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Notwithstanding this requirement the facing materials shall include stone, neutral coloured smooth or wet dash render, timber doors and windows and slate for the roof.

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

That BEFORE the development hereby permitted starts, full details of the design, location and height of all fences and walls to be erected on the site shall be submitted to and approved in writing by the Planning Authority. Thereafter any walls or fences erected shall be implemented as per the approved details. Notwithstanding these requirements the boundaries shall be dry stone walls to the principle elevations no higher than 1 metre in height and post and wire fencing for all other boundaries.


That PRIOR to any works of any description being commenced on the application site, a comprehensive site investigation report shall be submitted to and approved in writing by the Planning Authority. The investigation must be carried out in accordance with current best practice, such as BS 101 75: The Investigation of Potentially Contaminated Sites, or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required as part of the above report.

Reason: To ensure that the site is free of contamination in the interests of the amenity of future residents.

That prior to the first occupation of any of the dwellinghouses hereby approved, any remediation works identified by the site investigation report required in terms of Condition 7 above shall be completed and a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure the site is free of contamination in the interests of the amenity of future residents.

37

8.

9.

10.

11.

12.

That PRIOR to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be 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 the provision of satisfactory drainage arrangements.

That before any works start on site, full details of the septic tank and soakaway system to be installed shall be submitted to and approved in writing by the Planning Authority and the applicant shall confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). The septic tank and soakaway must be designed and constructed in accordance with the requirements set out in The Scottish Building Standards : Technical Handbook : Domestic issued in May 2005. In terms of the Water Environment (Controlled Activities) (Scotland) Regulations (CAR) 2005, the discharge of treated sewage effluent will require registration with SEPA. Further details on this matter can be found @ www.sepa.org.uk.wfd. Surface water should be excluded from the foul drainage treatment system. In order to reduce the risk of contamination of controlled waters, any soakaway should be located at least 50 metres from any private water supply or other groundwater resource and at least 10 metres from any watercourse or permeable drain. (Note: If poor soil porosity or risk to groundwater resources preclude the use of a soakaway, alternative arrangements will have to be agreed with SEPA. Further advice on the disposal of sewage where no mains drainage is available, is contained within Pollution Prevention Guidance Note 4 which is available on the SEPA website www.sepa.org.uk/guidance or from any SEPA office).

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

That before each of the dwellinghouses hereby approved are occupied the associated parking and manoeuvring area as 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. For the avoidance of doubt the parking and manoeuvring areas shall be finished in tarmacadam for the first two metres only and thereafter shall be gravel.

Reason: In order that vehicles can enter and leave the site in forward gear and to ensure adequate parking provision.

The landscaping plan hereby approved shall be implemented contemporaneously with the development and prior to the commencement of development on site. Further details of the scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted (which shall be of native species); an indication of all existing trees and hedgerows, plus details of those to be retained, and a timetable for the implementation of these works shall be submitted to and approved in writing by the Planning Authority prior to the commencement of development on site

Reason: In the interests of amenity and in consideration of the desirability of tree plantingh’etention to help integrate the new cluster development into the rural setting.

That the scheme of landscaping and planting, approved under the terms of condition 12 above, shall be implemented in accordance with the approved timetable and shall be completed prior to the occupation of the last dwellinghouse/flat within the development hereby permitted. 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.

38

Reason: To ensure that the required landscaping does not fail to be established through damage or neglect.

13. The scheme of landscaping approved in terms of conditions 12 and 13 above and coloured green on the approved plans shall not be altered or removed without the prior written agreement of the Planning Authority.

Reason: To ensure that the landscaping scheme is retained on site in the interests of the visual amenity of the wider rural area.

14. That as 6 months or more has elapsed between the timing of the initial ecological surveys dated 25'h March 2011 and 20th April 2011 hereby approved, before development commences, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, particularly for bats, and badgers, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992.

15. That within 4 weeks of the development hereby permitted being occupied a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To monitor the development, to enable the Planning Authority to retain effective control.

39

Backaround Papers:


Transportation (Southern) received 3rd June 201 1 Environmental Health (including Pollution Control) received 3rd March 201 1 Greenspace received 1 3'h April 201 1


Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01 698 2741 13

Report Date:

6'h June 201 1

40


REPORT

1.

1.1

2.

2.1

3.

3.1

4.

4.1

4.2

5.

5.1

5.2

6.

6.1

6.2

Site Description

The application site is situated to the east of Salsburgh and comprises part of Glebe Farm which is a traditional farm steading comprising a substantial 2 storey stone detached house, a single storey cottage and a number of functional outbuildings. The site slopes from south to north and the steading buildings are set within a group of mature trees which provide shelter and screening within the wider landscape. The site is accessed from an unclassified road that passes through the existing cluster of outbuildings. The application site sits adjacent to the existing two storey Manse and its associated outbuilding and walled garden area which does not form part of the application site.


Planning permission is sought for the demolition of the existing barns, derelict single storey cottage and associated farm buildings and the re-development of the site with 4 single storey dwellings with attic accommodation. The proposed dwellings are single storey with a ridge height of 6.3 metres and would be finished in stone with white render, slate roofs with lead flashing, timber double glazed windows and timber doors and weatherboarding. Each dwelling has its own off street parking and private garden areas with access taken from the unclassified road. The layout of plots 2, 3 and 4 is fairly compact and they are located on the site of the existing buildings to be removed adjacent to the road. Plot 4 is located to the west of the site and although fairly isolated in terms of the other dwellings it sits adjacent to an area of mature trees and the walled garden which limit its visual impact.

Awlicant’s Supportina Information

The applicant has submitted detailed plans of the proposed dwellings including finishing materials, landscape proposals, ecological surveys (Bats, Badgers and Birds), 3D modelling of the proposed cluster and a photomontage of the proposed development.

Site History

Application 00/01361/FUL Re-roofing and Erection of Front Extension to Dwellinghouse. Approved 1 lth January 2001

Application 05/01 199/OUT Erection of Dwellinghouse (Outline). Withdrawn 1 7th October 2005.

Development Plan

The site is zoned as GB 2 Restrict Development in Countryside Around Towns in the Monklands District local Plan 1991,

The application site is zoned as NBE 3B Assessing Development in the Rural Investment Area in the Finalised Draft North Lanarkshire Local Plan 2009

Consultations

Protective Services have no objection to the proposed development.

A summary of the comments from the remaining consultees are as follows:-

41

i) Transportation has indicated that the development would adversely affect road safety as it would be accessed off Manse Road, an unlit, derestricted rural road with no footways that is substandard in terms of width, geometry and visibility. They recommended that the driveways of the proposed dwellings should incorporate turning facilities.

Greenspace Services requested the submission of ecological surveys for Bats, Badgers and Birds. The applicant has submitted these surveys and Greenspace have accepted the findings of the results and have no objections to the proposals.

i i)

7. Rewesentat ions

7.1 Following the standard neighbour notification process and newspaper advertisement, no letters of representation have been received with regard to the proposed development.

8. Plannina Assessment

8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed in terms of the development plan policies. In the Monklands District Local Plan 1991 the site is covered by policy GB2 (Restrict Development in Countryside Around Towns). Policy HG1 0 (Residential Development Outwith Residential Areas) is also relevant. In the Finalised Draft North Lanarkshire Local Plan FDNLLP the site is zoned as NBE 38 Assessing Development in the Rural Investment Area with the associated Supplementary Planning Guidance 08 (Development in the Rural Investment Area) also relevant. Both the FDNLLP and the approved SPG 08 are now material considerations in the assessment of such cluster developments.

Adopted Local Plan:

8.2 Local Plan Policy GB2, presumes against isolated developments in the Countryside, which do not generally accord with the Local Plan unless there is a specific rural locational need. Proposals for development within the area shall require to be justified against the following criteria ie. economic benefit, specific locational need, infrastructure implications and environmental impact. The proposed development fails to meet the criteria above as it proposes the erection of 4 new dwellings in the countryside without adequate justification in terms of the criteria listed above. The proposed development is therefore contrary to policy GB2.

8.3 Policy HGIO seeks to restrict development unless it accords with policy GB2 amongst others. The justification in terms of policy GB2 has been considered above and as such the proposed development is contrary to policy HGIO.

Finalised Draft North Lanarkshire Local Plan

8.4 The application site is zoned as NBE 3B Assessing Development in the Rural Investment Area in the Finalised Draft North Lanarkshire Local Plan 2009, This policy seeks to protect the character of and to promote development in Rural Investment Areas through restricting development to acceptable types. There is a general presumption in favour of granting planning permission for new dwellings in the RIA if they are:-

i) Enhancement of an existing cluster of development and be acceptable in terms of design, scale and countryside integration.

42

i i) Enhance the natural heritage value of the site (new planting, removal of intrusive features)

8.5

8.6

8.7

8.8

8.9

iii) Respect the natural boundaries (road, hedge, tree line, watercourse) and include works to reinforce and enhance boundaries and buffers.

In addition the proposals are required to be assessed against the criteria outlined in the related SPG 08 “Assessing Development in the Rural Investment Area”.

The proposed development is located at a steading which is a recognised building cluster in terms of the criteria contained in section F of SPG 08. The buildings are closely grouped together and the proposed dwellings will form a tight building group adjacent to the principle dwelling of the Manse and walled garden area. The size, configuration and design of the buildings proposed by the applicant are a modern interpretation of the rural vernacular and are in keeping with the massing, scale and design guidance contained in SPG 08. The proposed housing designs provide a simple form with simple detailing and are appropriate to the rural setting and will integrate well in the countryside location. The new development has a clear and de- minimus relationship to the principal building within the building cluster, with lower ridge heights than the existing principal building and as such their design complies with the guidance set out in SPG 08.

Section 1.4 of SPG 08 states that “any new development proposals should relate to the existing building footprint and the need to create a sense of enclosure and space.” The scheme as submitted achieves this aim with 3 of the dwellings located together on the footprint of the derelicffobsolete buildings which are to be demolished and have a clear relationship to each other and the principal dwelling within the proposed building cluster.

Section 1.5 of SPG 08 requires any new development to be located within a 50 metre radius development footprint (aka the circle of opportunity). One of the proposed new dwellings is to be located to the west of the existing building cluster and has a clear relationship to the existing walled garden upon which the 50 m radius zone pivots. The impact of that house upon the rural character of the area is mitigated by its location adjacent to a group of mature trees which have the effect of providing a natural backdrop to the new building so that it will not be seen in isolation but rather as part of the existing building cluster. The building’s silhouette will be set against this mature tree canopy and as such will not be an obtrusive feature in the open countryside. It should also be noted that the only public view to this western edge of the development is a distant one from Salsburgh. The proposed development is accommodated within the circle of opportunity with the ratio of built to un-built land being no more than 40% of the total area which also complies with the criteria of SPG 08.

Section 1.6 of SPG 08 clearly advocates the creation of courtyard forms, this is achieved by the proposed development of the three houses on the eastern edge of the building cluster. The fourth house on the western edge of the development has a clear physical and visual relationship to the existing walled garden upon which the circle of opportunity pivots.

Policy NBE 38 requires that any development should result in an enhancement of the RIA landscape through extensive boundary planting to settle the development into the landscape setting. The applicant has provided details of a structural landscaping scheme to allow the development to be integrated into the landscape. The existence of the mature trees assists the development, and in conjunction will break up the horizontal forms of the new dwellings. The development is accessed from an existing de-classified road, with the number of vehicular access points increasing from 2 to 4. The form and location of the car parking and manoeuvring areas for the proposed dwellings complies with the guidance at section 0 of SPG 08 and at 200% in curtilage

43

car parking provision also meets the Council’s current transportation guidance. The surface material for any hard standing areas will be rural in character e.g. gravel, with the standard distance from the public road in a suitable hard surface material e.g. tarmac and a condition is recommended to achieve this.

8.10 The FDNLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). The proposed development is considered to accord with policy DSP 1 as the number of units accord with that stipulated in both policy NBE 38 and the associated SPG 08. The development accords with policy DSP 2 in that it is located in the rural investment area in the location of an established cluster outlined in SPG 08. The proposals are considered to accord with policy DSP 3 as the impact of the development is considered acceptable and will result in the improvement of the rural investment area by securing the removal of existing derelict buildings and their replacement with well designed replacement dwellings. Furthermore the proposed development would enhance the visual amenity of the wider area. With respect to policy DSP 4 it is considered that the proposed design and finishing materials of the dwellings are such that they will satisfactorily integrate with the countryside and as such accord with policy DSP 4. As such, the proposal accords with the emerging local plan.

Consultations:

8.1 1 The consultation response received from Transportation and their concerns regarding the proposed development are noted. However the policies contained in the NLLP and SPG 08 allow for new housing in such rural locations. Notwithstanding the principle of Transportation’s opposition to access from a remote rural road, the access and parking arrangements for the individual houses proposed is acceptable as detailed in paragraphs 8.9 above. In general, the remaining consultation responses received offer no objections and all issues raised can be addressed by suitable planning conditions and submission of further details.

9. Conclusions

9.1 To conclude, the proposed development is contrary to both policies GB 2 and HG 10 of the adopted Monklands District local Plan 1991, however the emerging North Lanarkshire Local Plan and its approved supplementary planning guidance SP 08 Development in the Rural Investment Area are given significant weight in this instance given the age of the current development plan and its alignment with current national planning guidance on development in the rural area. The development is considered to comply with the policy requirements of the Finalised Draft North Lanarkshire Local Plan and the approved SPG 08. The proposed development is therefore considered an acceptable departure from the adopted local plan and is recommended for approval subject to the conditions above.

44

Application No:

1 1 /00262/FUL


Formation of a Civic Split Level Recycling Facility Site Address:

Land South Of Foundry Road Shotts

Date Registered:

11 th March 201 1

Applicant : Waste Management Services North Lanarkshire Council Old Edinburgh Road Be1 Ish i I I ML4 3JG


Ward: 012 Fortissat Charles Cefferty, Malcolm McMillan, James Robertson,

Agent: Morag Eaton Suite 9, Beech House Padgate Business Park Green Lane Warrington WA14JN





The proposed development is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan. The proposal can be accommodated without detriment to the surrounding areas.

45

This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf d the Controller of Her Majesty’r Stationery O W . 0 Crown copyright Unauthorised reproduction infringes Crown copyright and may lead to posecutan or ckii proceedings. North Lamrkshire Council 100023396 2008

PLANNING APPLICATION 11/00262/FUL

Formation of a Civic Split Level Recycling Facility

Land South Of Foundry Road, Shotts

Site area = 0.47

Produced by North Lanarkshire Council Planning and Environment Department

fax 01698 403053

46


1.

2.

3.

4.

5.

6.

7.

8.


Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- SHI, SH2, SH3 B, SH4 B, SH5 B, SH6, SH7 B, SH8 B, SH9 B and SH10 B.



Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

That within 4 weeks of the completion of all building works on site a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

That the opening hours of the premises hereby granted planning permission shall be limited to between 8am to 8pm Monday to Sunday.


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, boundary treatment, 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) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site


That all works included in the scheme of landscaping and planting, approved under the terms of condition 6 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 full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of visual amenity of the site and the surrounding area.

That BEFORE the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees, around the perimeter of the site, and shall not be removed without the approval in writing of the Planning Authority.

Reason: To safeguard the established woodland in the interests of the visual amenity

47

of the area.

9.

10.

11.

12.

That the floodlighting and CCTV shall be implemented in accordance with drawing No. SH8 B, and that all fittings, exposed junction boxes and exposed cables shall be finished in a colour which has been approved in writing by the Planning Authority BEFORE the start of work on this aspect of the development.


That the SUDS compliant surface water drainage scheme as detailed in the Surface Water Management Plan and drawing No. SH7 B dated February 2011, shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted 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 adjacent watercourses and groundwater from pollution.

That any remediation works identified by the Land Quality Risk Assessment and Outline Geotechnical Assessment Ref: 405-02871 -00001 -002 dated December 201 0 and the supplementary information dated 1 lth May 201 1, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a responsible Chartered Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure the site is free of contamination and to ensure the mineral stability of the area.

That should six months elapse from the date of the preparation of the Phase 1 Habitat Survey dated February 2011 all areas affected by the proposed development will be carefully re-surveyed by a suitably qualified person to update the surveys previously undertaken for species which receive statutory protection. A report of the aforementioned survey will be submitted to the Planning Authority and if such species are found to be in or around the application area a series of mitigation measures should be developed, implemented and agreed in writing by the Planning Authority in consultation with Scottish Natural Heritage.

Reason: In the interests of nature conservation and for the protection of species present on the site.

Backaround Papers:


Memos from Transportation received 24'h May, 2nd and 6'h June 201 1. Memos from Protective Services received 1 1 ' April, 1 Oth May and the 1 gth May 201 1. Memo from Greenspace Services received 28'h March 201 1.


Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19

Report Date:

7'h June 201 1

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REPORT

1.

1.1

2.

2.1

2.2

3.

3.1

4.

4.1

5.

5.1

Site Description

The application site extends to 0.9 hectares and is located on the southern side of Foundry Road, Shotts within Foundry Road Industrial Estate. The development is to be located predominantly on previously disturbed ground, comprising of low level vegetation and semi mature trees. There are areas of scrub towards the centre of the site and the site entrance, whilst mature vegetation and trees are located on the southern and western perimeter. The site undulates in all directions of the site, with an overall difference in level of approximately 2 metres from the northern to southern boundaries. The site is bordered to the north by the Foundry Road Industrial Estate with dwellings beyond, to the north-west by Shotts Abattoir, to the south and east by the South Calder Water river valley, and to the west by an area of open space.


Planning permission is sought for the development of a split level civic amenity site for the recycling of household waste from the general public. The site would accept, paper, card, glass, cans, mixed plastic food containers (clean), drinks cartons, vegetable oil, scrap metal, gas cylinders, automotive batteries, oil, wood, rubble, garden waste, textiles and electrical and electronic equipment. The materials would be segregated by users of the site and contained using a range of banks, bays and containers, or stored in designated areas prior to being transported off site for final treatment and/or disposal.

The main development area comprising of hard standing extends to 0.5 hectares and is to be accessed from Foundry Road linking into an internal loop road, with segregated routes for private and service vehicles for the site. The containers for the collection of materials would be located on the lower level of the site, approximately 2 metres below the upper platform and would house 14 No. 40 cubic yard skips, with additional skips for Waste Electrical and Electronic Equipments (WEEE) and other goods. A site office and landscaped areas are also proposed within the application site boundaries. It is anticipated that the site would receive approximately 7,500 tonnes per annum of waste. It is also anticipated that there will be 10 vehicle movements per day associated with removing full skips/containers from the site with a maximum of 200-250 car visits per day. The proposed hours of operation are 8am to 8pm, seven days per week.

Awlicant’s Suwortina Information

A planning statement detailing the potential environmental impacts has been submitted in support of the application. The document, provides clarification on issues related to air quality, noise, transportation, ecological impacts and drainage.

Site History

There are no previous applications covering the site following the sites previous use as a greyhound stadium.

Development Plan

The application site is zoned as IND8 (Established Industrial and Business Areas) in the Southern Area Local Plan (2008).

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6.

6.1

6.2

6.3

7.

7.1

8.

8.1

8.2

8.3

Consultations

Transportation have raised no objections on the application following the submission of drawings showing the amended access geometry.

Protective Services requested that the hours of opening are limited to 8am to 8pm Monday to Friday and 9am to 8pm on Saturday’s and Sunday’s to protect the amenity of the residential properties to the north west of the site. Confirmation has also been received advising that there are no outstanding issues in relation to air quality and the land quality and outline geotechnical assessments.

Greenspace Services have requested that any tree removal be carried out, out with the bird breeding/season. They have also advised that a license may be required from SNH in connection with works within 30m to the entrance of a Badger Sett. No objections have been raised in connection with the Site Investigation (SI) and supplementary information submitted.

Rewesentat ions

No letters of representation have been received following the neighbour notification and press advertisement procedures.

Plannina Assessment

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. The application raises no strategic issues; it can therefore be assessed in terms of the local plan policy. The site is zoned as Policy IND8 (Established Industrial and Business Areas) in the Southern Area Local Plan 2008. Policies MINI0 (Facilities for Recycling), RTLl1 (Assessing Applications for Bad Neighbour Developments) and TR 13 (Assessing the Transportation Implications of Developments) are also relevant.

Adopted Local Plan

Policy IND8 seeks to retain the existing character of Established Industrial and Business Areas by safeguarding existing uses and supporting the development of General Industrial, Distribution, Storage or Class 4 Business Uses where appropriate. The use of the site is industrial in nature and accords with the zoning of the site. Furthermore, similar facilities within the Council area are located in similarly zoned sites. It is considered that the principle of the development in this location is acceptable subject to its detailed assessment. The application therefore accords with policy IND8.

MINI0 states that the Council will seek to maintain and extend the network of Recycling Centres in which the public can place recyclable materials. New sites will be assessed according to the their; convenience to the public; impact on visual amenity; the impact on local residents, due to noise and other disturbance; impact on traffic and highway safety; and the ability of collection vehicles to operate effectively. The application site is within an established industrial area centrally located within Shotts and its location easily accessible by private car. In terms of the visual impact of the site, the unloading areas are located centrally within the site with the skips being located approximately 2 metres below this area, satisfactorily reducing any visual impact upon the dwellings to the north of the site. Additional landscaping is proposed around the perimeter of the site and full details will be required to be submitted through the use of appropriate planning conditions. A 1.8 metre high palisade fence, lighting and CCTV is proposed in order to secure the site. With regards to the noise impacts of the development, protective services have raised no objections subject to the hours of operation being limited from 9am to 8pm on Saturdays and Sundays. The dwellings to the north of the site are situated some 130

50

8.4

8.5

8.6

metres from the low level containers with existing industrial units being located between the site and these properties providing an adequate buffer. Furthermore there are other Council run recycling sites which are situated closer to residential properties, without such restrictions. Furthermore continuity with opening hours allows for a standardisation across the Council area. The detailed assessment of the transportation issues are discussed in paragraph 8.5 below. In conclusion, the development is held to comply with policy MINIO.

Policy RTL11 lists several criteria to be taken into consideration in assessing applications for Bad Neighbour Developments, including; the impact of the proposal on the character and amenity of the adjoining properties and surrounding environment; the provisions made for vehicular access, servicing, parking, and the proposal’s impact on pedestrian safety and traffic circulation. As discussed in paragraph 8.3 above, the impact on the amenity of adjacent uses is considered to be minimal as a result of the central location of activities within the site and the screening provided by the existing and proposed perimeter landscaping and fencing. Access, serving and parking is discussed in paragraph 8.5 below. It is therefore considered that the application is in accordance with policy RTLl 1.

Policy TR13 requires an assessment of the level of traffic generated from the proposal, the impact that the development will have on the road network and the provisions made for access, parking and vehicle manoeuvring. Transportation have raised no objections to the proposed access, internal access road and the servicing arrangements. The application therefore complies with policy TR13.


A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan (FDNLLP). Policy ED13 Assessing Economic Development and Infrastructure Proposals is applicable and sets out the requirements for waste disposal application to be assessed against the criteria contained with Supplementary Planning Guidance (SPG) Assessing Planning Applications for Waste Development. The SPG states that civic amenity sites should be accessible to the public and stipulates that traffic queuing at peak times should be considered as part of the site design. In this instance, the access road, provides adequate storage for cars looking to utilise the site. The application site is to promote and enable efficient sorting of recyclates to meet local and national targets. The facility, primarily, is for the acceptance of locally derived waste and careful consideration has been given to the design to minimise the visual, amenity and environmental impacts of this type of development. Environmental regulations will be controlled by SEPA through the Waste Management Licence procedures. The development is therefore considered to comply with policy ED13 and the Supplementary Planning Guidance: Assessing Planning Applications for Waste Development. With this in mind the FDNLLP also requires proposed developments to be assessed against policies DSP l(Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Due to the limited nature of the development, Policies DSP 1 and 2 are not relevant whilst DSP 3 and 4 will inform a Development Management Assessment of the proposed development. Policy DSP 3 refers to the economic, social, or environmental impact of proposals on the infrastructure of the community, While policy DSP 4 states that development will only be permitted when design is of a high standard. The development is industrial in nature on an industrial zoned site which is considered acceptable in this location. In this case, it is considered that given the size and nature of the application site with the collection area predominantly to the south of the site there will be no adverse impacts experienced by the residential dwellings to the north of the site. With reference to DSP 3, the proposal is minor in nature and will not have a major impact on the locale. Regarding DSP 4, the proposed design and layout of the site is of a high standard that would be considered to be acceptable in this location. The development is therefore in accordance with policies DSP 3 and DSP 4.

51

Consultations

8.7 With respect to the consultation response from Protective Services in relation to Air Quality and Ground Conditions, it is proposed to utilise appropriate planning conditions. The response in relation to noise has been discussed above in paragraph 8.3 above.

8.8 In connection with the response from Greenspace Services, it is appropriate to utilise planning conditions to secure the submission of a landscape plan, tree protection measures and for the submission of updated protected species surveys.

8.9 As discussed in paragraphs 6.1 and 8.5 above, no objections have been received from Transportation.

9. Conclusions

9.1 In conclusion, I am satisfied that, in this instance, the impact of the Civic Recycling Site is acceptable and does not adversely impact on the established Foundry Road industrial area. The development accords with policies IND8, MINI0 RTL11 and TR13 of the Southern Area local Plan 2008 and policies ED13, DSP3 and DSP 4 of the Finalised Draft North Lanarkshire Local Plan together with the Supplementary Planning Guidance. For the reasons stated above, it is recommended that planning permission be granted, subject to conditions.

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Application No:

11/00283/PPP


Construction of Dwellinghouse (In Principle) Site Address:

Land To The West Of Brownside Couperage Forrest Street Clarkston Airdrie

Date Registered:

7th April 201 1

Applicant: Mr Robert Cook 4 Crookdyke Court Caldercruix Airdrie ML6 7FE


Ward: 007 Airdrie North Campbell Cameron, Sophia Coyle, James McGuigan, Thomas Morgan,

Agent: Mr Stanley C Cook 12 Beveridge Terrace Mossend Bellshill ML4 2RJ


Representations: No representation received.

Recommendation: Refuse

Reasoned Justification: The proposal is contrary to the terms of Green Belt Policy in the Monklands District Local Plan 1991 and policy NBE 3A (Assessing Development in the Green Belt) in the Finalised Draft North Lanarkshire Local Plan in that it will adversely affect the character of the area.

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h

54

Reasons for Refusal:-

1

2

3.

4.

The proposed dwellinghouse is contrary to Scottish Planning Policy and the development plan in that it does not accord with policy GB1 (Restrict Development in the Green Belt) in the adopted Monklands District Local Plan 1991 as the proposed dwellinghouse is not connected with agriculture or forestry and the applicant has failed to demonstrate an overriding specific locational need.

The proposed dwelling house is contrary Scottish Planning Policy and the terms of the Finalised Draft North Lanarkshire Local Plan 2009 and Supplementary Planning Guidance SPG07 (Development In the Green Belt) in that it does not accord with policy NBE 3A (Assessing Development in the Green Belt) and DSP 2(Location of Development) as the proposed dwellinghouse is not connected with agriculture or forestry and the applicant has failed to demonstrate an overriding specific locational need.

The provision of security is not in itself a relevant justification for allowing a new house at this location. It is also considered that the proposed dwelling house would adversely affect the character of the area by introducing a permanent building which would be out of keeping with immediate site and its surroundings and would as a result permanently alter the character of the area.

That should planning permission be granted a precedent will be set for inappropriate development within protected Green Belt areas.

Note to Committee

If approved, 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 tying the occupation of the proposed development to a person employed at the adjacent haulage business.

Backaround Papers:


No letters of representation received.


Traffic & Transportation (Northern Area) Memorandum received 7th April 201 1, Pollution Control Memorandum received 14'h April 201 1. Greenspace Development Memorandum received 17'h May 201 1. Scotland Gas Networks Letter received 1 8'h April 201 1.


Any person wishing to inspect these documents should contact Mr Gordon Arthur on 01 23661 6475

Report Date:

6'h June 201 1

5 5

APPLICATION NO. 11/00283/PPP

1.

1.1

2.

2.1

3.

3.1

3.2

4.

4.1

5.

5.1

5.2

6.

6.1

Site Description

The application is for a dwelling house in principle. The site forms land to the west of the former coal yard (now haulage yard) at Brownside Couperage, Forrest Street Clarkston Airdrie. The application site has been cleared of vegetation and is currently used for the storage of minerals and road surfacing material and lies adjacent to land currently laid out as a haulage, storage and vehicle repair area comprising of a connected group of 4 industrial buildings. The site which is elevated above the surrounding rural area falls sharply towards the open fields beyond the southern boundary towards the Airdrie Bathgate railway line. To the east lies the former Brownside Couparage (former coal yard) and to the west beyond Forrest Street, the grounds of Clarkston Parish Church. Forrest Street forms the northern boundary with woodland and agricultural grazing beyond the site boundary.


Planning permission is sought in principle for a dwelling house. No details have been submitted at this stage in respect of potential house type as this would be considered as part of an application for approval of matters specified in conditions should this present application be considered favourably. Vehicular access will be taken from the existing access point on Forrest Street (A89) that currently serves the Brownside Couparage haulage site.

Applicant’s Supportinu Information

The applicant has provided supporting information in the form of a letter, citing the lack of on site security for the haulage business as the reason for the proposed dwelling.

The applicant has also requested a site visit and hearing.

Site Historv

Previous planning applications relevant to the current proposal include

0 96/05266/%UT.Erection of a dwellinghouse and nursery (in outline) application refused 27 November 1996.

Development Plan

The application raises no strategic issues and can therefore be assessed under Local Plan policies.

The site is located within an area designated as GB1 (Restrict Development in the Green Belt) in the Adopted Monklands Local Plan 1991. Policy HG10 (Residential Development out with Residential Areas) is also of relevance.

Consultations

A summary of comments from consultees is as follows:

Traffic and Transportation: has objected to the development and provided comments on the road junction visibility splays being unachievable and access being taken from a de-restricted length of the A89 resulting in an increase in the use of an access to the detriment of traffic and pedestrian safety. The proposed access will be shared with the existing commercial operation resulting in a conflict between commercial vehicles, cars and pedestrians to the detriment of road safety.

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7.

7.1

8.

8.1

8.2

8.3

8.4

Protective Services has provided comments requesting a site investigation to ensure that the potential risks arising from previous land uses around the site have been fully assessed, before development starts, a site investigation requires to be submitted. This investigation and any remediation required may be secured through a planning condition should the committee be minded to grant this application. Pollution control have also commented on construction noise, dust generated during construction and the open incineration of materials on site all of which may be addressed by an attached informative.

Greenspace Development have recommended the retention of all trees and hedgerows with the stipulation that if any trees on site are to be removed, or any buildings demolished a bat survey and breeding bird survey should be carried out prior to work commencing on site.8 badger survey was recommended for the site and a 50m buffer required.

Scotland Gas Networks has no objection to the proposal and provided comments on the location of their apparatus.

Reoresentations

Following the standard neighbour notification procedures no representation was received.

Planninq Assessment

Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. In this instance the proposed site is located within the Green Belt and relevant planning policies in the Local Plan presume against new housing unless justification can be provided.

Develooment Plan Monklands District Local Plan 7997: The Development Plan consists of the Monklands District Local Plan 1991. Relevant policies are as follows.

GB1 (Restrict Development in Green Belt) states that no development will be permitted except for (amongst other things) new houses for full time workers in connection with forestry or agriculture. Policy HG10 states that new build residential development will not be permitted out with existing residential areas unless it is justified under (amongst other things) policy GB1 as noted above. The proposed dwellinghouse is not associated with forestry and agriculture and therefore would be seen to be contrary to the Adopted Monklands District Local Plan 1991. The applicant has not provided any acceptable justification for the departure form Local Plan policy.

Other Material Considerations. The Finalised Draft North Lanarkshire Local Plan 2009. The site remains zoned as Green Belt and requires to be assessed against policy NBE3A (Green Belt). This policy does not support the proposed development. With this in mind the FDNLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Due to the limited nature of the development, Policy DSP 1 and DSP3 are not relevant whilst DSP 2 and 4 will inform a Development Management Assessment of the proposed development. Policy DSP2 considers the location of development. In this case the dwelling is located in the Green Belt where development should avoid key corridors and wedges, and maintain clearly defined urban/ rural boundaries. The proposal lies on the urban rural boundary of Airdrie and is therefore considered contrary to this Policy. While policy DSP 4 states that development will only be permitted when design is of a high standard it is recognised that this application is in principle, as such, the detail of the development is not considered, however, the introduction of a permanent building at this location will require a high standard of design appropriate to it rural location should members be minded to arant this amlication. Overall it is

57

considered, therefore, that the proposal is contrary to the emerging local plan.

Scottish Planning Policy: The proposed development is also contrary to the policy set out within Scottish Planning Policy (Green Belts) which reiterates the exceptional circumstances under which development in the green belt should be allowed which include:

8.5

0 development associated with agriculture, including the re-use of historic

0

0

0

0

agricultural buildings, woodland and forestry, including community woodlands, horticulture, including market gardening and directly connected retailing, recreational uses that are compatible with an agricultural or natural setting, and essential infrastructure such as electronic communications infrastructure and electricity grid connections.

Where a proposal would not normally be consistent with green belt policy, it may still be considered appropriate either as a national priority or to meet an established need if no other suitable site is available. In this instance the development does not fall within any of the categories outlined as appropriate uses within this document. The proposal must be deemed to be contrary to Scottish Planning Policy.

Specific Locational Need While the site lies within the designated Green Belt in the development plan, it is noted that it has been stripped of all vegetation and has historically operated as a haulage yard. This yard however remains within the designated Green Belt albeit as a non conforming use. The applicant has advised that the new dwelling house is being sought to provide surveillance for the security of a haulage yard adjacent to the site. In policy terms “security” is not in itself a relevant justification for allowing a new house in the green belt. Having regard to security it should be noted that the applicant considered and rejected other forms of surveillance that would not result in a permanent building (dwellinghouse) being place on the site.

8.8

8.9 It is considered that the advantage of additional surveillance is outweighed by the disadvantages of the proposed dwellinghouse. In particular, it is considered that the proposed dwelling house would adversely affect the character of the area by introducing a permanent building which, would be out of keeping with immediate site and its surroundings, and would as a result permanently alter the character of the area. This would be contrary to the aims of green belt policy. It is worth noting that the requirement for a dwelling with the potential benefit of additional security on the site was proposed and refused as recently as November 1996 (96/05266/0UT) and while security of the site is considered important it is not the overriding factor when assessing applications for dwellinghouses in the green belt.

8.10 Consultations: Transportation comments concerning increased use of a de-restricted road and sub standard sight lines are noted. These shortcomings are not considered overriding issues as the established access is likely to be used and the traffic associated with the dwelling is unlikely to be so significant as to justify refusal. It is noted that the neighbouring traveller’s site (now closed) operated without significant detriment to road safety.

o In considering Pollution Controls comments the applicant has confirmed that he will carry out all necessary site investigation works relating to ground stability and potential contamination. This investigation and any remediation required may be secured through a planning condition should the committee be minded to grant this application.

o Greenspace Development requested the retention of all trees and hedgerows with the stipulation that if any trees on site are to be removed, or any buildings demolished a bat survey and breeding bird survey should be carried

58

out prior to work commencing on site. The only buildings on the site lie some distance from the proposal on the eastern boundary and will remain undisturbed. The site while surrounded by open fields is itself stripped of all vegetation and trees being used for the stock piling of minerals and road plainings. Given this current activity (with frequent movement of plant and machinery) it is considered that habitats likely to support protected species are unlikely to occur within this site. Requesting further information on protected species may therefore be considered unreasonable.

8.1 1 Representations: No letters were received objecting to the development.

9. Conclusions

9.1 It is considered that the proposal is contrary to the terms of the development plan and Scottish Planning Policy (SPP) and there are no material considerations, including the Finalised Draft North Lanarkshire Local Plan 2009, that would justify departure from Green Belt Policy. The proposed dwelling house would adversely affect the character of the area by introducing a permanent building which, would be out of keeping with immediate site and its surroundings, and would as a result, permanently alter the character of the area. This would be contrary to the aims of green belt policy and would potentially set a precedent for further dwelling houses in the area. It is therefore recommended that the application is refused for the stated reasons. If the Committee is minded to grant planning permission, then the dwellinghouse should be tied to the ongoing haulage business through a Section 75 Agreement and no consent notice should be issued until that Agreement has been concluded.

9.2 The applicant has requested a site visit and hearing in order to allow members to view the proposed site and for him to explain the merits of the proposal.

59

Application No:

1 1 /00289/FUL


Erection of Gates to rear of Shared Wynd Access Site Address:

58A Main Street Village Cumbernauld

Date Registered:

28th April 201 1

Applicant: Mr Michael Bremer 58A Main Street The Village Glasgow G67 2RY Application Level: Local Application

Agent: N/A


Ward: Representations: 004 Abronhill, Kildrum And The Village Stephen Grant, Elizabeth Irvine, Tom Johnston,

0 letters of representation received.



The proposed development is considered acceptable in terms of the criteria set out in the relevant policies of the Cumbernauld Local Plan 1993, Cumbernauld Village Plan 1993 and the Finalised Draft North Lanarkshire Local Plan 2009 in that it will not adversely effect the character or amenity of the adjacent Listed Building and Conservation Area.

60

61



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

That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to the design of the gates shall be made without prior written approval of the Planning Authority. For the avoidance of doubt the gates will be painted black.

Reason: To clarify the drawings on which this approval of permission is founded and in the interests of visual amenity.

That the gates hereby permitted shall not be locked at any point.

Reason: To ensure the right of access to the pend remains at all times.

Backaround Papers:

Representation Letters:

None received


None required


Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01236 61 6463

Report Date:

6'h June 201 1

62


REPORT

1.

1 . I

2.

2.1

3.

3.1

4.

4.1

5.

5.1

5.2

5.3

6.

6.1

Site Description

This application is for the erection of metal gates to the rear of a shared wynd access at 58A Main Street, Village, Cumbernauld. The application site comprises a traditional main street terraced building with pend access. The pend links Main Street with a car park to the rear of the application site.


The proposal is to erect a replica of the gates that are located at the front of the pend on Main Street to the rear car park end of the pend. A Listed Building Consent application has also been received as even though 58A Main Street is not listed, the adjoining building at no. 62 Main Street is B listed and as such both Listed Building Consent and planning permission is required for these minor works. The application site is also located within a Conservation Area.


The applicant has stated that the pend is a location where various anti social activities take place, and the purpose of the gates is to deter further nefarious activity.

Site History

Listed Building Consent and planning permission were granted (in retrospect) for two velux windows in June 1994 and for the replacement of existing velux windows by dormer windows in January 1995.

Development Plan

The Cumbernauld Village Plan 1993 states that traditionally designed gates, railings and other means of enclosure can contribute significantly to the character of an area and that new development should be sympathetic in terms of height and use of materials.

In terms of the Cumbernauld Local Plan 1993 policy EN12 is of relevance as it supports any positive measures to improve the physical environmental of the Village, as part of a package of improvements to be implemented through the Village Pan.

In terms of the North Lanarkshire Local Plan Finalised Draft 2009 the site is zoned as NBE 1 B2 Protecting the Natural and Built Environment, National Sites, Listed Buildings. This states that the layout, design, materials, scale, siting and use of development shall be appropriate to the character and appearance of the listed building and its setting. Furthermore, policy NBE 1 B 3 Protecting the Natural and Built Environment, Local Sites, Conservations Areas applies. This sets out that the design, materials, scale and siting of any development shall be appropriate to the character of the conservation area and its setting.

Consultations

No consultations were required.

63

7. Remesentations

7.1 Following the press advertisement no letters of representation have been received.


8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. In this instance the Cumbernauld Local Plan 1993 and the Cumbernauld Village Plan 1993 are relevant.

8.2 The Cumbernauld Village Plan 1993: This document states gates, railings and other means of traditional forms of enclosure can contribute significantly to the character of an area and that any new development should be sympathetic in terms of height and materials. The proposal complies with this document in terms of the materials, height and location, although it is accepted that their design is slightly more ornamental than traditionally designed gates. Given the gates are to be located at the rear of the pend and complement the existing gates at the front, the proposal is considered to be acceptable.

8.3 North Lanarkshire Local Plan Finalised Draft 2009: Policy NBE 182 Protecting the Natural and Built Environment, National Sites, Listed Buildings is relevant. This states that the layout, design, materials, scale, siting and use of development shall be appropriate to the character and appearance of the listed building and its setting. Also, policy NBE 1B3 Protecting the Natural and Built and Environment, Local Sites, Conservations Areas, states the design, materials, scale and siting of any development shall be appropriate to the character of the conservation area and its setting. The proposal complies with the both of the aforementioned policies.

9. Conclusions

9.1 In conclusion, the development accords with the Cumbernauld Local Plan 1993, Cumbernauld Village Ptan 1993 and Policies NBE 182 and NBE 1 B3 of the Finalised Draft North Lanarkshire Local Plan 2009, in that the gates would not have a significant impact on the character and amenity of the application site of the surrounding area. In view of local plan policy and all other material considerations, it is recommended that planning permission be granted subject to conditions, one of which requires the gates are not locked to ensure the right of access remains at all times.

64

Application No:

1 1 /00522/LBC


Erection of Gates to rear of Shared Wynd Access Site Address:

58A Main Street Village Cum bernauld

Date Registered:

9th May 201 1

Applicant: Mr Michael Bremer 58A Main Street The Village Glasgow G67 2RY Application Level: Other Application Level

Agent: N/A


Ward: Representations: 004 Abronhill, Kildrum And The Village Stephen Grant, Elizabeth Irvine, Tom Johnston,




The proposed development is considered acceptable in terms of the criteria set out in the relevant policies of the Cumbernauld Local Plan 1993, Cumbernauld Village Plan 1993 and the Finalised Draft North Lanarkshire Local Plan 2009 in that it will not adversely effect the character or amenity of the adjacent Listed Building and Conservation Area.

65

i imotimmc rvt Michael Bremer

N

66


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


2. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to the design of the gates shall be made without prior written approval of the Planning Authority. For the avoidance of doubt the gates will be painted black.

Reason: To clarify the drawings on which this approval of permission is founded and in the interests of visual amenity.

3. That the gates hereby permitted shall not be locked at any point.

Reason: To ensure the right of access to the pend remains at all times.

Backaround PaPers:

Representation Letters :

None received


Letter from The Architectural Heritage Society of Scotland received 2"d June 201 1


Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01236 61 6463

Report Date:

6th June 201 1

67

APPLICATION NO. 11/00522/LBC

REPORT

1.

1.1

2.

2.1

3.

3.1

4.

4.1

5.

5.1

5.2

5.3

6.

6.1

Site DescriDtion

This application is for the erection of metal gates to the rear of a shared wynd access at 58A Main Street, Village, Cumbernauld. The application site comprises a traditional main street terraced building with pend access. The pend links Main Street with a car park to the rear of the application site.

Proposed DeveloDment

The proposal is to erect a replica of gates that are located at the front of the pend on Main Street to the rear car park end of the pend. The building itself is not listed, however, the adjoining building at no. 62 Main Street is B listed and as such Listed Building Consent is required for these minor works. The application site is also located within a Conservation Area.

Amlicant’s Surmortina Information

The applicant has stated that the pend is a location where various anti social activities have taken place, and the purpose of the gates is to deter further nefarious activity.

Site History

Listed Building Consent and planning permission were granted (in retrospect) for two velux windows in June 1994 and for the replacement of existing velux windows by dormer windows in January 1995.

DeveloDment Plan

The Cumbernauld Village Plan 1993 states that traditionally designed gates, railings and other means of enclosure can contribute significantly to the character of an area and that new development should be sympathetic in terms of height and use of materials.

In terms of the Cumbernauld Local Plan 1993, policy EN12 is of relevance as it supports any positive measures to improve the physical environmental of the Village, as part of a package of improvements to be implemented through the Village Plan.

In terms of the North Lanarkshire Local Plan Finalised Draft 2009 the site is zoned as NBE 182 Protecting the Natural and Built Environment, National Sites, Listed Buildings. This states that the layout, design, materials, scale, siting and use of development shall be appropriate to the character and appearance of the listed building and its setting. Furthermore, policy NBE 1 B 3 Protecting the Natural and Built Environment, Local Sites, Conservations Areas applies. This sets out that the design, materials, scale and siting of any development shall be appropriate to the character of the conservation area and its setting.

Consultations

The Architectural Heritage Society of Scotland has commented that the gates are generally acceptable although their design is somewhat ornamental.

68

7.

7.1

8.

8.1

8.2

8.3

9.

9.1

Following the press advertisement and site notice no letters of representation have been received.

Planning Assessment

In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. In this instance the Cumbernauld Local Plan 1993 and the Cumbernauld Village Plan 1993 are relevant.

The Curnbernauld Village Plan 7993: This document states that gates, railings and other means of traditional forms of enclosure can contribute significantly to the character of an area and that any new development should be sympathetic in terms of height and materials. The proposal complies with this document in terms of the materials, height and location, although it is accepted that their design is slightly more ornamental than traditionally designed gates. Given the gates are to be located at the rear of the pend and complement the existing gates at the front, the proposal is considered to be acceptable.

North Lanarkshire Local Plan Finalised Draft 2009: Policy NBE 182 Protecting the Natural and Built Environment, National Sites, Listed Buildings is relevant. This states that the layout, design, materials, scale, siting and use of development shall be appropriate to the character and appearance of the listed building and its setting. Also, policy NBE 183 Protecting the Natural and Built and Environment, Local Sites, Conservations Areas, states the design, materials, scale and siting of any development shall be appropriate to the character of the conservation area and its setting. The proposal complies with the both of the aforementioned policies.

Conclusions

In conclusion, the development accords with the Cumbernauld Local Plan 1993, Cumbernauld Village Plan 1993 and Policies NBE 1 B2 and NBE 183 of the Finalised Draft North Lanarkshire Local Plan 2009 in that the gates would not have a significant impact on the character and amenity of the application site or the surrounding area. In view of local plan policy and all other material considerations, it is recommended that Listed Building Consent be granted subject to conditions, one of which requires the gates are not locked to ensure a right of access remains at all times.

69

Application No:

1 1 /00345/FUL


Change of Use From Public Open Space to Private Garden Ground Site Address:

41 Chestnut Avenue Abron hill Cumbernauld G67 3NT

Date Registered:

29th March 201 1

Applicant: Mr David Stobbart 41 Chestnut Avenue Abronhill Cumberauld G67 3NT Application Level: Local Application

Agent: N/A


Ward: Representations: 004 Abronhill, Kildrum And The Village Stephen Grant, Elizabeth Irvine, Tom Johnston




It is considered that the visual impact of the proposal and its impact on the residential amenity of the application site and surrounding area will be acceptable. The potential impact on neighbouring residential properties is considered to be satisfactory. The proposal complies with the adopted Cumbernauld Local Plan, 1993.

70

Representatbns k Total Reeked: Letter of Representatrbns Fmm 4 7 Chestnut Avenue 1 '1: a t : Playground i !. a!

nrmgt rprmtaamm onram siueymarei

I

PLANNING APPLICATION 111003451FUL

Change of Use From Public Open Space to Private Garden Ground

41 Chestnut Avenue, Abronhill, Cumbernauld * Representation

Produced by I hrh Lanarkshire Counal

telOl898 274274v h x 01898 403053 1:1,250 I


1.

2.

3.

4.

5.



That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawing duly stamped approved.


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.






Backaround PaDers:

Letter from applicant, Mr and Mrs Stobbart, 41 Chestnut Avenue, Cumbernauld received 2nd June 201 1


Email from Gillian McArthur received 17'h May 201 1 Email from Mr David McArthur, 43 Chestnut Avenue, Cumbernauld received 20th April 201 1 Email from Mr David McArthur, 43 Chestnut Avenue, Cumbernauld received 24'h May 201 1 Email from Mr David McArthur, 43 Chestnut Avenue, Cumbernauld received 31" May 201 1 Letter from Mr David McArthur, 43 Chestnut Avenue, Cumbernauld received gth May 201 1 Letter from Mr Thomas Kelly, 45 Chestnut Avenue, Cumbernauld received 28'h April 201 1 Online representation from Mrs lrene Johnston, 37 Chestnut Avenue, Cumbernauld received 27'h April Online representation from Mrs Mary Doherty, 39 Chestnut Ave, Cumbernauld received 26'h April 201 1 Email from Mr Gavin McArthur received I 5'h May 201 1


None


Any person wishing to inspect these documents should contact Mr Barry Clarke at 01236 61 6394

Report Date:

6'h June 201 1 72


REPORT

1.

1 .I

1.2

2.

2.1

2.2

3.

3.1

4.

4.1

4.2

5.

5.1

6.

6.1

6.2

Site Description

The application is for the change of use of an area of green open space to private garden ground within an established residential area. The land subject to this application is to the west facing side gable of 41 Chestnut Avenue, Abronhill.

The land is a rectangular shaped grassed area situated between two end terraced properties (41 and 43 Chestnut Avenue). The application site is approximately 27 square metres in area. The wider area is characterised by terraced properties, open space and public footpaths.


The area of land will be incorporated into the garden ground of 41 Chestnut Avenue. At this time it is not known what the boundary treatment around the area of land will comprise.

It is considered that, at present, the area of land in question is oddly positioned between no.41 and no.43 and appears to serve little amenity or recreational value. The area of land is of a modest size and it is considered that is would satisfactorily integrate with the application property and the local streetscape. It is considered that the proposal will not have a negative impact on the residential amenity and character of the area.

Site History


Development Plan


In the adopted Cumbernauld Local Plan, 1993, the site lies within an area covered by Policy HG4 (Residential Amenity). Under this policy developments should not be detrimental to local residential amenity.

Backaround

Property Services have advised that the sale of this additional land to the applicant will not alter the existing access rights of no.43. A servitude right of access exists over the area of land for adjoining subjects on both sides for the purpose of maintaining, repairing and renewing the buildings, boundary walls and fences.

Representat ions

9 representations have been received in relation to this application including a request for a site visit and hearing. Three of the representations are in support of the application on the grounds that the applicant has maintained the land to a good standard in recent years. Six of the objections (four of which have come from members of the same family) raise points of objection mainly in relation to access and maintenance issues and dispute the legitimacy of the sale of the land to the applicant..

A letter has also been received from the applicant outlining his perception of the access and ownership issues. It is also noted that Councillor Johnston has written three letters in relation to the application seeking to clarify points relating to access and maintenance.

73


7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

7.2 Development Plan Cumbernauld Local Plan 7993: Policy HG4 (Residential Amenity) applies in this case and states that proposals should not detract from local residential amenity. It is considered that the proposal is not contrary to this policy and that it will have no adverse impact on the residential amenity of the application site and the surrounding area.

7.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The development is considered to comply with Policy HCF 1A (Residential Amenity) in the Draft Plan in that it will not have an adverse impact on the residential amenity of the surrounding area.

7.4 lmpact on Residential Amenity - It is considered that the area of land that is to be converted to private garden ground is of a modest size and of little recreation and amenity value. The ground effectively functions currently as front garden ground with access over it taken by no.41 Chestnut Avenue. The proposal is therefore considered to integrate satisfactorily with its surroundings and the potential visual impact to be relatively discrete. The proposal does not constitute an unacceptably prominent incursion into well used public open space. The proposal will have no adverse impact on road traffic matters. Due to its specific characteristics it is considered therefore that the proposal would not set an unacceptable precedent for future similar developments. It is noted that other garden ground extensions have been approved in the surrounding area. A condition is proposed relating to the continuation of any boundary treatment.

7.5 Representations- The points of objection and relevant comments are as follows:

0 The area of land forms part of the front garden of no.43 and has been maintained by the owners of no.43 for years.

Comment: The area of land has previously been Council owned public open space which has recently been sold to the applicant. Irrespective of who has previously maintained the land the application should be assessed on its own merits and in the context of it being incorporated in to the garden space of no.41.

The proposal will decrease the value of no.43.

Comment: This is not a material planning consideration.

The proposal will prevent the owner of no.43 from maintaining his property.

Comment: Property Services have advised that the sale of this additional land to the applicant will not alter the existing access rights of no.43. A servitude right of access exists over the area of land for adjoining subjects on both sides for the purpose of maintaining, repairing and renewing the buildings, boundary walls and fences. It is noted that no access to the rear garden of no.43 currently exists over the section of ground.

0 The owner of no.43 contests that the area of land is legally his and the sale of it to the applicant by North Lanarkshire Council was fraudulent.

Comment: This is a land ownership dispute which is considered to be a legal issue between the objector and the applicant and possibly the Council as former owner of the land.

0 The owner of no.43 already has had access to their rear garden restricted by the applicant moving their boundary fence. This proposal will further reduce this access.

74

Comment: Based on a property disposal plan provided by Property Services it is evident that the boundary fencing of the applicant is legitimately within land under his ownership. The inability to access the rear garden of no.43 from the front of the property would be a similar situation to that experienced by mid-terrace properties in the area. In any case, the issue of land ownership and access is a legal issue between the applicant and the objector and is not a material planning consideration.

0 No.43 suffers from overlooking from the rear garden of no.41.

Comment: The proposed garden ground extension covered by this application is not considered to create any privacy concerns.

0 The owner of no.43 will not have anywhere to store their bins or to dispose of waste garden material as a result of the proposal.

Comment: No.43 currently has no access to their rear garden over the piece of ground, nor did it previously form part of their garden ground for these purposes. Again, this is a similar situation to all mid-terrace properties in the area.

The applicant already has a large rear garden and does not require an increase in size to this.

Comment: It is considered that the increase in size to the garden ground of the applicant will not result in a disproportionately large plot size.

The points of support are as follows:

0 The section of land has always been well maintained by the applicant.

Comment: This point has been duly noted.

The points of clarification offered by the applicant and relevant points raised are as follows:

0 The front and rear garden ground has remained the same since no.41 was purchased and no additional land has been incorporated in to the garden ground of this property.


Not all end terrace houses have access to their rear garden other than through their home and this is the case with no.43 Chestnut Avenue.

Comment: It is agreed that this currently is the case with no.43.

0 The applicant is aware of the servitude rights of access and will allow the owner of no.43 access to their property for maintenance, repair and renewal purposes.


The applicant has maintained the piece of land to which this application relates for over 30 years and will continue to do so.

Comment: This point is not considered to be relevant to the planning application however it has been duly noted.

75

8. Conclusions

8.1 It is considered that the proposed garden ground extension will not have an unacceptable impact on the residential amenity of the site or the general area. The land is of a modest size and, at present, would appear to have limited use and amenity value as public open space. The increase in size to the garden ground of the application property will not result in a disproportionate plot size.

8.2 Despite the objections received in relation to the application it is considered that most of the points of objection do not raise material planning considerations and instead relate to access, disputed land ownership and a perceived illegal sale of the land. Accordingly, the application has been assessed on its own merits, and taking material planning considerations into account.

8.3 Having taken account of all relevant matters it is considered that the proposal is acceptable both for the application site and for the general area. The proposal is not contrary to Local Plan policy. It is recommended that planning permission be granted for the change of use from open space to private garden ground adjacent to 41 Chestnut Avenue, Cumbernauld.

8.4 A request has been received from the next door neighbour, Mr McArthur, for a site visit and hearing to take place before this application is determined by the Committee.

76

Application No:

11/00358/FUL


Change of Use of Open Space to Garden Ground and Erection of Woodshed

Site Address:

6 Woodend Drive Rawyards Airdrie ML6 7EA

Date Registered:

9th May 201 1

Applicant: Mr Quentin Reynolds 6 Woodend Drive Rawyards Airdrie ML6 7EA


Ward: 007 Airdrie North Campbell Cameron, Sophia Coyle, James McGuigan, Thomas Morgan

Agent: N/A





It is considered that enclosing the area of open space for the purposes of garden ground and the erection of a shed will not impact adversely on the amenity of the general area. In this respect the proposal complies with policy HG 9 of the Monklands District Local Plan 1991.

77


1.

2.

3.

4.

5.

6.



That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing duly stamped approved.


That the use of the shed 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 shed.


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 and the development shall be implemented in accordance with the details approved under the terms of this condition. For the avoidance of doubt, the shed hereby permitted shall be painted in a colour to match the existing boundary fence.




That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.


Backaround Papers:

Representation Letters No letters of representation received.

Consultation Responses: No consultation responses received.

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01 236 61 81 24

Report Date: 6'h June 201 1

79


REPORT

1.

1.1

2.

2.1

3.

3.1

4.

4.1

4.2

5.

5.1

6.

6.1

7.

7.1

7.2

Site Description

The application site forms part of the landscaping and setting of this area of Rawyards. The area of ground is located directly to the east of 6 Woodend Drive, Rawyards, Airdrie. Located further to the east, north and south is a landscaped area, while to the west are residential properties. The application site is currently under the ownership of North Lanarkshire Council, and the applicant is in the process of purchasing the land subject to the outcome of this planning application.


The proposal seeks planning permission for the change of use of public open space to private garden ground and erection a garden shed. The application site measures approximately 10 metres long by 5 metres wide with a total area of 50 square metres. The proposed shed will measure 10 metres long by 5 metres wide with a maximum height of 3.6 metres and will take up all of the increased garden ground. This would be accessed from the existing garden. The applicant proposes to use the shed for domestic DIY purposes.

Site History

No relevant planning history.

Development Plan


In terms of the Monklands District Local Plan (1991) the site is covered by policy HG 3/12 (New Private Sector Housing Development - Motherwell Street, Airdrie).

Consultations

No consultation responses received.

Representations

Following the standard neighbour notification process and local press advert, no letters of representation have been received.

Plannina Assessment


Development Plan - Monklands District Local Plan 1991: Policy HG 3/12 (New Private Sector Housing Development - Motherwell Street, Airdrie) applies in this case which designates site for private sector residential development. This site has now been developed out and forms part of the landscaping for the SUDS pond that serves the new roundabout to the south west of the application site, in which case, policy HG 9 (Housing Policy for Existing Residential Areas) is relevant that has the presumption against development which could be detrimental to residential amenity. Accordingly the development must be considered on its merits in terms of the local environment. The site location and relatively small increase of additional garden ground make this development acceptable and in accordance with Policy HG 9. Impact on amenity is

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covered in 7.4 below.

7.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The site is zoned jointly as HCF 1 BI (Community Facilities) in which the Council will maintain community well-being in residential areas and NBE 1 A3d (Tree Preservation Orders) which seeks to safeguard trees that are protected by a preservation order. The application site is very small piece of land that makes up a very large area of public open space incorporating a SUDS pond. It is considered that the use of land as garden ground does not adversely effect the amenity of the area as there is a very large area still remaining and there is no loss of amenity for the surrounding properties. The application site is located outwith the area covered by a Tree Preservation Order. The development is therefore considered to comply with policies HCF 1 BI and NBE 1 A3d of the Finalised Draft North Lanarkshire Local Plan.

7.4 Effect on Local Amenity: It is considered that the garden extension is not detrimental to the residential amenity of the local area. The additional garden area measures 5 metres x 10 metres. There is a very large area still remaining adjacent to existing residential properties and changing the use of the area will not lead to the loss of amenity for the surrounding properties. The proposed shed is in keeping with area and a condition is recommended to ensure that the use is for domestic purposes only. The proposed change of use and shed will not impact on the maintenance access to the SUDS pond.

8. Conclusion

8.1 It is considered that the loss of public open space and erection of a shed does not have an unacceptable impact on the amenity of the surrounding area or on local residents. It is noted that no objections to the development have been received from local residents. Having taken account of all relevant matters it is considered that the development is acceptable both for the application site and for the general area. It is recommended that planning permission be granted for the change of use of public open space to private garden ground and erection a garden shed at 6 Woodend Drive, Rawyards, Ai rdrie.

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Application No:

1 1 /00424/FUL


Erection of 40 No Dwellinghouses with Associated Roundabout, Access Road, SUDS Pond and Landscaping. Site Address:

Land South of Laburnum Road Viewpark Uddingston

Date Registered:

19th April 201 1

Applicant: North Lanarkshire Council Dalziel Building 7 Scott Street Motherwell ML1 1PN


Ward: 01 3 Thorniewood Councillors Robert Burrows, James McCabe & Duncan McShannon

Agent: Lovell Partnerships Lovell House 271 Springhill Parkway Glasgow G69 6GA


Representations: One letter of representation received.



The proposed development is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan. The proposal can be accommodated without detriment to the surrounding residential area.

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\ -. ... ,*... ::.. . ' -.:.--.-. ...._.__._..

PLANNING APPLICATION 1 I I00424 / FUL

Erection of 40 No Dvvellinghouses with Associated Roundabout, Access Road, SUDS Pond and Landscaping

Land South O f Laburnum Road, Viewpark, Uddingston * Rep re senta tio n Or)

-i I t I .... ................ *.ziviE-w /- ~ ._._._._._._..

Produced by Mrth Lanarkshire Council Planning and buimnment lkparrmnt,

t ~ l O l b Q 8 224274v Lx 01898 403053


1.

2.

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7.




Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).


Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 81 88:90:700 8, 8188:90:701 A, 8188:90:702 A, 8188:90:800 B , 8188:90:801 A, 8188:90:802 A, 81 88:90:803, 81 88:90:804, 81 88-90-81 0, 81 88-90-81 0 Rev B, 81 88-90-81 1 Rev A ,

HTD-PL-01 , LOV-HTE-PL-01, NLC-LWU-LOC-01, NLC-LWU-SITE-02 Rev B, NLC- LWU-SITE-SA and NLC-LWU-LOC-01 Rev A.

81 88:90:820, 81 88:90:821, LOV-HTA-PL-01 , LOV-HTB-PL-01 , LOV-HTC-PL-01 , LOV-


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 and the development shall be implemented in accordance with the details approved under the terms of this condition.


That before the development hereby permitted commences, the design, location and finishing materials for the fences and walls shall be submitted to, and approved in writing by the Planning Authority. Thereafter all fences and walls shall be erected in accordance with the details approved under the terms of this condition, unless agreed otherwise in writing by the Planning Authority.

Reason: To ensure the provision of appropriate boundary treatments in the interests of the visual amenity of the surrounding area.

That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

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8.

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That any remediation works identified by the site investigation required in terms of Condition 7, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.

That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance. For avoidance of doubt, the SUDs service accessed from Juniper Road as shown on drawing number 81 88:90:700 B is hereby not approved.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.

That the SUDS compliant surface water drainage scheme approved in terms of Condition 9 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.

Reason: To safeguard adjacent watercourses and groundwater from pollution.

That no aspect of the development shall start, unless otherwise agreed in writing by the Planning Authority, until evidence is exhibited to the Planning Authority that an agreement has been reached by the applicant with Scottish Water for the provision of a drainage scheme for the site.

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, boundary treatment, 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; in particular this should include a scheme for shrub planting surrounding the SUDs pond and the communal landscaped areas within the site; (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) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site before the last house is occupied.. (e) details of the phasing of these works.


That all works included in the scheme of landscaping and planting shall be completed within 6 months of the dwellings being occupied and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure effective landscaping.

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That before any aspect of the development starts, a management and maintenance scheme for landscaped areas and footpaths within the development area shall be submitted to, and approved in writing by the Planning Authority and this scheme shall be brought into operation prior to the first dwellinghouse within the development area being occupied.

Reason: In the interests of residential amenity.

That before the development hereby permitted starts written confirmation shall be provided to the Planning Authority that the transfer of funds of E 18,000 has taken place between Housing and Social Work Services and Learning and Leisure Services to upgrade existing play facilities off site.

Reason: To ensure compliance with the Council’s policy on play provision.

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

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.

That before the last of the dwellings hereby permitted is occupied, all roads, footpaths, footways and manoeuvring areas shall be completed to sealed final wearing course.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.

That before each of the dwellinghouses hereby permitted is occupied, all of the associated parking and turning areas shown on the approved plans, shall be levelled, properly drained and surfaced in a material which the Planning. Authority has approved in writing before the start of surfacing work and clearly marked out. These areas shall thereafter be retained as such to the satisfaction of the Planning Authority.

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

That before any dwellinghouse within the development hereby permitted is occupied, the 32m ICD (Inscribed Circle Diameter) roundabout, designed to the specifications of the Design Manual for Roads and Bridges shall be constructed on Laburnum Road, to the satisfaction of the Planning Authority.

Reason: To ensure satisfactory accesdegress into the site.

That the applicant shall ensure, to the satisfaction of the Planning Authority, continued pedestrian and vehicular access for 280-286 Laburnum Road shall provided at all times during the construction period and thereafter.

Reason: In the interests of maintaining vehicular and pedestrian access to adjacent housing.

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 at Plots 21, 23, 30 and 31 with the exception of a maximum 1.0 metre high timber or metal railing fence or a facing brick wall built to match the facing brick on the adjacent house or to match the facing brick on adjoining sections of a wall constructed under the terms of Condition 6.

Reason: In order to protect the visual amenity of the area and in the interests of traffic and pedestrian safety.

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22. That before the development hereby permitted starts, full details of the proposed bin stores for the flatted dwellings shall be submitted to and approved in writing by the Planning Authority and shall thereafter be constructed in accordance with the details approved under the terms of this condition prior to the occupation of the first flatted dwellinghouse.


23. That the development hereby permitted shall not commence until a Stopping Up Order under Section 208 of the Town and Country Planning (Scotland) Act 1997 for the footpath located within the northeast part of the site has been promoted and confirmed by the Planning Authority.

Reason: To ensure compliance with the relevant legislation.

24. That should 6 months or more elapse between the timing of the initial ecological survey dated April 201 1 hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, particularly for bats and badgers, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992.

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Backaround Papers:


Letter from Karen and Stephen O'Donnell, 108 Juniper Road, Viewpark, Uddingston received 3rd May 201 1.


Memo from Transportation received 13'h Mat{ 201 1. Memo from Protective Services received 11 May 201 1. Memo from Greenspace received I" June 201 1 and gth June 201 1. Letter from SportScotland received 1 1 th May 201 1. Letter from Scottish Water received 4th May 201 1. Letter from BT received 26'h April 201, Memo from Land Services (Greenspace) received 6'h May 201 1. Memo from Learning and Leisure (Play Services) received 3rd May 201 1.


Any person wishing to inspect these documents should contact Miss Heather Gebbie at 01698 2741 12

Report Date:

1 3'h June 201 1

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REPORT

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Site Description

The application site comprises of two unmaintained football pitches, open grassland, and a number of semi-mature and mature trees. The site measures approximately 2 hectares with a net developable area of 1.77 hectares. The majority of the site is enclosed by a 1.8 metre high palisade fence on all boundaries with the exception of the north east corner which comprises of public open space with a footpath, maintained grassland and mature trees. The playing fields have not been formally used for some time, albeit that goal posts remain erected on the site. The site is bounded by residential dwellings to the west, St Gabriel’s Church to the northeast, Laburnum Road to the north, open grassland and a tree belt to the south and residential dwellings and a retail unit to the east. The application site is part of the former Burnhead and St Gabriel’s Primary Schools sites which have been demolished. There is currently no vehicular access to the site. In terms of site levels, the land is undulating and gradually inclines in a north to south direction.


The applicant seeks planning permission for 40 dwellinghouses, formation of an access roundabout, SUDs pond and landscaping. The applicant proposes to construct 12 cottage flats and 24 semi-detached dwellings which would be two storeys high and two wheelchair accessible single storey dwellings. Access to the site is proposed to be taken via a roundabout formed on Laburnum Road, with provision for access to the four existing terraced properties at 280-286 Laburnum Road. A SUDs pond would be constructed in the northeast portion of the site and the existing footpath linking Juniper Road to Laburnum Road through the existing area of open space would be stopped up as there is an alternative footpath currently available to the east of the open space. The applicant proposes to use a palette of materials including facing brick, render and concrete roof tiles and each dwelling will have a pitched roof. It should be noted that the site layout has been designed in such a fashion to allow provision for access for further residential development of the land to the south of the site.


The applicant has submitted the following information in support of this application:

Ecology Survey 0

0 Batsurvey 0 Design and Access Statement

Tree Survey and Arboricultural Constraints

Site History

07/01 845/FUL: Residential Development Comprising 96 Dwellinghouses, 32 Flatted Dwellings and Formation of Access withdrawn 1 4‘h August 2008.

Development Plan

The majority of the site is zoned under Policy HSG2 (Private Housing Development) in the Southern Area Local Plan 2008. A small portion of northeast corner of the site is covered by Policy L3 (Protected Open Space).

The majority of the site is covered by Policy HCF2 A I (Sites for Short-term Housing Development) in the Finalised Draft North Lanarkshire Local Plan with a minor part in the northeast corner covered by Policy HCFI A (Residential Amenity).

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6.

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a.

8.1

Consultations


Transportation have no objections to the proposed development subject to comments relating to access to the housing adjacent to the new Laburnum Road roundabout, location of visitor parking spaces and access for servicing the SUDs pond. Protective Services have commented that a comprehensive site investigation report requires to be submitted prior to the development commencing. Greenspace have reviewed the submitted ecology report and commented that an examination of bat roost potential sites is required due to close proximity to a SlNC listed for the presence of bats. They note that this examination should be undertaken prior to determination of the application in accordance with Government protected species legislation. They also recommend that a breeding bird survey is conducted prior to the felling of any trees in the breeding bird season. They also have made comments in relation to landscaping, SUDs planting and fencing. Comments have also been made in relation to access, core paths and rights of way, noting that there is a Core Path to the south of the site linking Cedar Road to Laburnum Road and any development should incorporate this Core Path link. Learning and Leisure Services (Play Services) has advised that in order to provide adequate play facilities for the proposed development, a financial contribution of f500 per dwelling and f250 per flatted dwelling would be required to upgrade off-site play facilities at Juniper Road. Sportscotland has no objection to the proposed development as suitable compensatory dual use synthetic grass pitches have already been provided through the Council’s Schools PPP Scheme at John Paul I I and Tannochside Primary Schools. Scottish Water have advised that they have no objections to the proposed development subject to the applicant making a separate application to them for connection to their apparatus. They also note that there is capacity at Daldowie Waste Water Treatment Works however there is limited capacity at Glassford Water Treatment Works and the applicant should discuss their development directly with them. BT has no objection to the proposed development.

One letter of representation has been received in relation to this application following the neighbour notification procedure and press advertisement, the grounds of which are summarised below:

I. The proposed development will result in a loss of open space at northeast corner of the site thus disturbing wildlife, the mature trees and a pathway all of which lie adjacent to the objector’s property. The loss of this land for development purposes would result in overshadowing and a reduction in the level of privacy currently enjoyed at their property.

II, Children use the open space area to play in rather than cross the busy Laburnum Road to the nearby play area.

Ill. Increased traffic levels would result in on-street parking on the surrounding roads and may affect traffic safety, particularly regarding children using school bus pick up and drop off points.

Planninq Assessment

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. The application raises no strategic

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issues, therefore it can be assessed in terms of the local plan policy. A majority of the site is zoned under Policy HSG2 (Private Housing Development), with a minor north eastern part of the site covered by Policy L3 (Protected Open Space) in the Southern Area Local Plan 2008. Policies HSG1 (Housing Strategy), HSGS (Assessing Applications for Housing Developments), ENV5 (Assessment of Environmental Impact), TR13 (Assessing the Transport Implications of Development) are also relevant to the proposal.

Development Plan:

8.2 As the majority of the site is covered by Policy HSG 2 (Private Housing Development), the principle of residential development at this location is considered acceptable. It is considered that the proposal accords with Policies HSG 1 and HSG2.

8.3 The northeast part of the site is zoned under Policy L3 (Protected Open Space) which seeks to protect from development public and private open spaces by resisting proposals which would adversely affect such spaces. In this case, the northeast corner of the site is a formal area of public open space, of which there are similar open space areas throughout the wider residential area. Whilst the open space is included within proposed development site, no dwellings would be constructed on this area of open space. The majority of the mature trees will be retained and the proposed SUDs pond will be located in the northeast corner of the site adjacent to the junction of Juniper Road and Laburnum Road. The remaining land would be landscaped surrounding the SUDs pond. It is considered that the loss of this open space to facilitate this development would not adversely affect the character and amenity of the surrounding area, particularly as there is a large area of open space and an equipped play area to the north east of the site. It is therefore considered that the proposal is an acceptable departure from this local plan policy.

8.4 Policy HSGS (Assessing Applications for Housing Development) is relevant to this proposal. This policy considers a list of criteria when assessing applications for new housing development and the relevant criteria include: the impact of the development on the existing and built environment; treatment of the existing environmental condition of the site; measures to ameliorate flooding; density, layout and mix of housing; detailed design elements such as building height, materials and positioning; provision of landscaping, screening, open space and play areas; and provision made for roads, access and parking. The proposal consists of 12 cottage flats, 2 wheelchair accessible dwellings and 24 semi-detached dwellings in a mix of 5 housetypes, all of which are configured around a single loop road. The design, proportion and scale of the housing are considered acceptable and all but a few plots meet the Council’s Minimum Space Standards Around Dwellings. It is considered that the proposed development will be in keeping with and complement the neighbouring recent housing developments located on Juniper Road and Cedar Drive. The applicant has confirmed that the dwellings will be finished in facing brick, render and concrete bricks and a planning condition is recommended to ensure that details are submitted prior to development commencing. With regard to landscaping, there is a central area of amenity space provided within the site which will be landscaped as well as the area of land surrounding the SUDs pond. A planning condition is recommended to ensure that a detailed landscaping scheme is submitted prior to the development commencing. Matters relating to ecology and transportation are discussed at paragraphs 8.5 and 8.6 below. Taking account of the above, it is considered that the proposed development accords with Policy HSGS.

8.5 With regard to assessing the environmental impact of the proposed residential development, Policy ENV5 applies. This policy addresses the likely impact a development may have on the environment by considering the following relevant criteria: suitability of a proposal to the character of the area in which it is set; the landscape and visual impact of the proposal; the extent of traffic generation, noise, dust, pollution, flooding risk and interference and loss of natural habitats and protected species. In view of the surrounding residential area, it is considered that the

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residential development would be in keeping with the existing character of the locality. The applicant has submitted an ecology survey and bat survey. Land Services (Greenspace) recommended that a further bat survey was required in relation to the existing mature trees located in the northeast of the site and the applicant duly arranged for this to be carried out and the information submitted accordingly. The surveys noted that the presence of any protected species was not found within the site. The applicant has agreed to retain a number of mature trees within the site. Matters relating to transportation are discussed at paragraph 8.6 below. It is therefore considered that the proposed development complies with Policy ENV5.

8.6 Policy TR 13 requires assessment against various criteria relating to access, parking and the impact of the proposal on the road network. Transportation has no objections to the proposal, subject to amendments to the location of visitor parking and plot boundaries at speed bends and further details were requested in relation to SUDS service access point and the vehicular and pedestrian access arrangements for 280- 286 Laburnum Road arising from the construction of the new roundabout. A planning condition is recommended that this roundabout is complete prior to any dwellinghouse being occupied. Furthermore, a planning condition is recommended to ensure that access to the adjacent Laburnum Road housing is provided throughout the construction period. It is therefore considered that the proposal complies with Policy TR13.


8.7 With regard to the Finalised Draft North Lanarkshire Local Plan (FDNLLP), the majority of the application site is zoned as Policy HCF2 A1 (Sites for Short Term Housing Development). This policy supports the proposed residential development at this location subject to it having no adverse impacts on the surrounding properties. It is considered that the proposed development complies with this local plan policy. A minor part of the site at the northeast corner is zoned under Policy HCF 1 A (Residential Amenity) which has a presumption against developments detrimental to residential amenity in primary residential areas. In this case the proposal would result in a loss of public open space in order to facilitate the residential development. Taking account of this, the FDNLLP requires proposed assessments to be Policies DSPl (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). Due to the limited nature of the development, Policies DSP’s 1 and 2 are not relevant whilst DSP 3 and 4 will inform a Development Management Assessment of the proposed development. Policy DSP 3 refers to the economic, social, or environmental impact of proposals on the infrastructure of the community, while Policy DSP4 states that development will only be permitted when design is of a high standard. With regard to Policy DSP3, it is considered that the proposal will provide an additional 40 dwellings as part of the Council’s new build housing programme and is located within a predominantly residential area therefore it is considered that there would not be a significant impact in terms of its effect on the surrounding location. Furthermore, the proposed site layout has been sensitively designed to ensure that a minimum number of mature trees are removed. The proposal is therefore compliant with Policy DSP3. Regarding DSP4, the proposed design and finish of the proposed dwellings are of a standard in keeping with the recent housing developments on Cedar Drive and Juniper Road and in view of this, the development is therefore in accordance with DSP 4. It is therefore considered that the proposal is acceptable and complies with the emerging Local Plan.

Consultations:

8.8 With regard to the consultation responses from Protective Services and Scottish Water, these matters can be accommodated by the imposition of appropriate conditions. In terms of the response received from Learning and Leisure (Play Services) and as detailed in paragraph 8.3 above, a planning condition is recommended to ensure that the transfer of funds (f 18,000) between Housing and

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Social Work and Learning and Leisure for the upgrade of nearby off-site play provision at Juniper Road is completed prior to development commencing on site. With regard to the comments from Greenspace, the applicant has provided a detailed examination of bat roost potential sites and Greenspace have confirmed they are satisfied with the findings which confirm that there are no bats present within the site. With regard to the comments relation to landscaping and fencing, planning conditions are recommended to cover these aspects. Furthermore, the Core Path to the south of the site is unaffected by this development and the impact on the access would be addressed in any planning application covering land to the south of the current application site.

Retxesentations:

8.9 In terms of the points of objection, the following comments are offered in response:

I. As detailed at paragraph 8.3 above, the loss of the area of open space located in the northeast corner of the site is considered acceptable in order to facilitate this development.

II. While children currently use this area of land to play in, an equipped play facility is located to the north east of the site and as such, this is not a sufficient reason to warrant refusal of permission.

Ill. As detailed in paragraph 8.6 above, Transportation consider that the proposed access arrangements and increased traffic levels are acceptable and will not adversely affect traffic or pedestrian safety. Furthermore, all dwellings will either have in-curtilage parking facilities or use shared parking courts. There will also be adequate visitor parking spaces within the internal loop road.

9. Conclusions

9.1 In conclusion, this application has to be assessed against the relevant policies of the Development Plan unless there are material considerations which indicate otherwise. In this instance it is considered that the proposed development is considered acceptable in terms of Policy HSG2 and justification exists for departing from Policy L3 for the loss of the small area of public open space in the northeast corner of the site. Notwithstanding the objection received, it is considered that the proposed residential development can be accommodated within the site without detriment to the character and amenity of the surrounding area. It is therefore recommended that planning permission is granted subject to conditions.

9.2 The Committee should note that a Stopping Up Order will require to be promoted under Section 208 of the Town and Country Planning (Scotland) Act 1997 should planning permission be granted.

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Application No:

1 1/00446/FUL


Change of Use from Post Office to Hot Food Takeaway Site Address:

178 Woodhall Avenue Kirkshaws Coatbridge North Lanarkshire

Date Registered:

6th May 201 1

Ap p I i ca nt : Mr Fausto Rea 273C Bank Street Coatbridge ML5 7HD

Application Level:

Ward: 01 0 Coatbridge South James Brooks, lan Ferrie, John Higgins,

Agent: David lnglis Anderson House Dundyvan Road Coatbrdige ML5 1DB


Representations: 8 representations received including a petition containing 289 signatures



The proposal does not accord with the relevant policies within the Monklands District Local Plan 1991 in respect of policies HG9 and COM1 lwhich seek to protect the amenity of the area. The proposal is therefore unacceptable by virtue of the proposed intensification of usage especially in the evenings which is likely to create adverse environmental affects on the character of the surrounding residential area.

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Recommendation: Refuse for the Following Reasons:-

1. The proposal is contrary to Policy HG9, COM5 and COMI 1 of the Monklands District Local Plan 1991 in that it would result in increased activity, noise and disturbance in the vicinity of the application site to the detriment of the amenity of the surrounding residential area; and

2. The proposal would adversely affect road safety and traffic safety as no provision has been included for additional parking in an area adversely congested with on-street parking.

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Backaround Paoers:

Representations - Letters

Letter from Mrs Mary Gribben, 164 Woodhall Ave, Kirkshaws, Coatbridge received 17'h May 201 1 Letter from Mr John Colquhoun & Signatories, 42 Woodhall Place, Coatbridge, ML5 5DA received 1 7'h May 201 1 Letter from Ms Kathleen Wilkie, 176 Woodhall Avenue, Kirkshaws, Coatbridge received 18'h May 201 1 Letter from J. Maclntyre, 174B Woodhall Avenue, Kirkshaws, Coatbridge received 18'h May 201 1

Representations - On Line

Mrs A Donaldson, Kirkshaws Road, Coatbridge received 25'h May 201 1 Mrs Mary Connelly, 168 Woodhall Ave, Kirkshaws, Coatbridge received 1 8'h May 201 1 Mrs Mary Gribbon, 164 Woodhall Avenue, Kirkshaws, Coatbridge received 1 7'h May 201 1 Ms Kathleen Wilkie, 176 Woodhall Avenue, Kirkshaws, Coatbridge 25'h May 201 1


Traffic & Transportation (Northern Area) Environmental Health (including Pollution Control)


Any person wishing to inspect these documents should contact Mr lan Johnston at 01 236 81 2382

Report Date:

13th June 201 1

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REPORT

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Site Description

The application property is a ground floor commercial unit, currently unoccupied, which is addressed as 178 Woodhall Avenue, Kirkshaws, Coatbridge and which located between commercial premises with flatted residential properties above. The surrounding uses are predominantly residential in nature with rear servicing/parking facilities available to the commercial premises to the west of the subject building.


The proposal seeks to utilise this vacant former post office building as a Hot Food Takeaway outlet with supplementary Home Delivery service. No external alterations are proposed to the premises with the exception of 2 small grills on the rear elevation and signage on the front elevation which would be the subject of a separate Advertisement Application.

The proposal seeks to utilise a Carbon Filter System within the premises to mitigate against the need for an external flue normally required to disperse all smells, fumes etc. associated with Hot Food operations.

Applicant’s Suwortina information

In support of this application the applicant has submitted a supporting statement that advises on the following: a. The proposed operating hours would be Monday to Friday (loam-2pm and 4pm- 11 pm) and Saturday and Sunday (4pm-11 pm). b. To provide a healthy balance in the range of food offered will include Pizza, fresh salads, baquettes, Panini, pasta and soup with mini portions available for disabled, elderly etc. c. To mitigate against potential impact of litter biodegradable packaging will be used together with a recycling scheme and oil will be used for cooking, rather than fat, and this will also be recycled after use. d. A management regime will monitor the area in front of the shop to deter people congregating outside the premises. e. There are 3 other hot food outlets in the vicinity of the application site (Dunure Street & Rowan Place) which operate until 1 Ipm in the evening.

Site History

No relevant site history.

Development Plan

The application site is located in an area designated as COM5 (Local Shopping Areas) in the Monklands District Local Plan 1991. There are no strategic implications and the application will therefore be considered in relation to Local Plan Policy which also includes policies COMIO - Hot Food Shops, and COMI 1 - Social, Entertainment and Commercial “Bad Neighbour” Uses.

Consultations

The Transportation Section has objected to this proposal on the grounds that the proposed use would require 2 dedicated parking spaces within the parking area to the rear of the adjacent housing/commercial block and taken that there is an existing shortfall in parking spaces in the parking area then this would result in vehicles

98

parked in the visibility splay of junctions or obstructing emergency access, all to the detriment of road safety..

6.2

6.3

7.

7.1

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8.

8.1

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The Protective Services Section has offered no objection in principle to the proposed Carbon Filter System although the request that additional measures be put in place to reduce the noise by surrounding the fans with an enclosure or walls of vibration retarding materials.

NLC Property Services has agreed, at its Sub-Committee meeting held on 26'h May 201 1, to a 20 year lease of the application property for the purposes of a Hot Food Takeaway outlet.

Representations

Following the standard neighbour notification and public advertisement process 7 objections (2 each from the same person), including a petition containing 289 signatures were received against this proposal. The relevant points of objection are detailed as follows:

The proposal would be detrimental to the amenity and peacefullness of the surrounding residents by introducing a noisy and messy operation in the evening hours. The proposal would introduce a smell, from the cooking operations, next to residential properties. The proposal would attract crowds of youths and will increase noise levels around the premises and potentially cause anti-social problems. The proposal would create traffic and parking problems as customers will inevitably park on the adjacent road, causing congestion and blocking driveways. There will be an adverse impact on the residential property above the premises as the proposed ventilation outlets are located below that property. The proposal would increase the existing litter problem in the area. There is currently a problem with disturbances caused by schoolchildren using the existing adjacent fast food outlets and this problem would escalate if the proposed Hot Food outlet were to open. A previous similar planning application for the part change of use to a Hot Food takeaway at an adjoining unit (no.176 Woodhall Avenue - Ref:C/04/01527/FUL) was previously refused permission by the Council and only granted permission on appeal subject to restricted hours of operation in recognition of the residents concerns. The proposal would adversely impact on the viability of the adjacent Hot Food outlets.

A letter in support of the proposal was also received and this stipulated that the writers name had been signed on the petition without her knowledge, should not attract any more youths than at present, would create employment, has adequate parking available and the proposed use is no different to other existing Hot Food outlets at this same location.

Plannina Assessment

Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise.

Develooment Plan - Adopted Local Plan - Monklands District Local Plan 1991 including the Finalised First Alterations A, B & C 1996: Policy COM5 supports shopping and related uses (Classes 1 & 2). The principle of the use of the site as a

99

hot food takeaway may not therefore accord with this policy taken the proposed nature of the proposed use i.e. Bad Neighbour, the anticipated intensification of usage of the unit, predominantly during evening hours, and including adverse environmental concerns over noise, loitering and vehicle movement around the site. In this respect consideration has to be given to the details of policies COM10 and COM11 regarding the environmental impact and focussing on the protection of the amenity of local residents.

8.3 Policy COM 10 addresses the assessment of Hot Food Shops specifically and sets out standard requirements, those relevant to this proposal are that:

0 Proposals involving the cooking by conventional ovendfryers shall require the erection of an external ventilation duct and the use shall not commence until the ventilation duct has been appropriately erected. Where the proposed hot food premises would be situated on the ground floor of a flatted property the permission of the owners of the upper floors of the building is required.

0

8.4 In respect of ventilation details have been submitted for the installation of a Carbon Filter System within the property which would negate any requirement for an external flue. Notwithstanding this, no problem is anticipated in providing an external ventilation duct terminating at the apex of the roof of the building as would be required by the Protective Services Section. The property is flatted although there are no owners occupying properties above as the Council own both the application unit and the flatted property above and have offered no objection to the installation of a rear external flue. Therefore it is considered that the proposal accords generally with policy COM 10.

8.5 Policy COM 11 states that the Council will accept the development of hot food shops in secondary (retail) core areas (considered relevant to the secondary core area also) where there is no anticipated adverse effect on the amenity of local residents. Taking into account that the application site is located outwith a secondary core area, is located within a predominantly residential part of Coatbridge then it is considered that the proposal is unacceptable and would give rise to an unacceptable loss of amenity contrary to Policy COM 11.

8.6 Taken the location of the application site within a predominantly residential area then Policy HG9 (Existing Residential Areas) is also considered relevant. This policy seeks to presume against development which is likely to adversely affect the amenity of the area or is not clearly of a nature ancillary to housing. Having regard to this it is considered that the proposal would give rise to an unacceptable loss of amenity to Policy HG9.

8.7 It is considered that the proposal does not accord with the policies COM5, HG9 and COM 11 of the adopted Monklands District Local Plan 1991. The proposal must therefore be refused unless material considerations can be demonstrated that would outweigh the development plan.

8.8 Other Material Considerations - Economic Benefit: It is considered that although the proposal would support a new business within the district the economic benefits would be minimal and while no staff numbers have been forwarded it is considered unlikely that the proposal would create significant employment opportunities or provide a service that could not be more appropriately located. It is concluded that there is no clear need for the development to be located at this location and as a material consideration economic benefit does not carry enough weight to warrant an approval of this application.

8.9 Other Material Considerations - Emerging Local Plan - Finalised Draft North Lanarkshire Local Plan: is a material consideration and policies DSAPI, DSPI -4, and

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RTC are relevant to the application. Importantly the emerging local plan retains the overarching concern that the use should not harm the amenity of neighbouring properties and in this respect the emerging plan compliments the adopted plan.

8.10 Other Material Considerations -Previous Planning Decisions - Planning application (C/04/01527/FUL) was refused in December 2004 for the Part Use of a Shop to a Hot Food Takeaway at 176 Woodhall Avenue for the reasons that the proposed use would be detrimental to the amenity of the surrounding area and that there would be an adverse impact on road and traffic safety taken that no additional parking was proposed. An appeal against that decision was subsequently upheld by decision notice dated 26'h October 2005 on condition that the sale of hot food from the premises shall not take place outwith the hours of loam till 2pm (to protect residential amenity and prevent conflict with resident parking at later hours) and that the ventilation system shall not give rise to a noise nuisance (to minimise intrusive mechanical noise affecting adjacent properties). That determination was based on the reporters acceptance that the availability of hot food in the evenings would lead to increased noise and disturbance from boisterous gathering, detracting from the amenity of residents at a time when they should be able to expect relative quiet. I n respect of parking requirements the reporter concluded that while there was no realistic requirement for dedicated parking spaces during the day the situation could be very different with an evening hot food use when the demand for on-street parking by residents would be much higher and there would be a greater likelihood of car-borne journeys to fetch main meals.

8.11 Other Material Considerations - Representations - In respect of the comments received from the objectors I would offer the following comments:

The issue of amenity has been dealt with above. The proposal seeks to introduce a Carbon Filter System to mitigate against smells produced although in the event that this system is not deemed acceptable by the Protective Services Section provision is available for an extractor flue on the rear elevation of the building. The Protective Services Section has offered no objection in principle to the proposed Carbon Filter System. This proposal will inevitably increase the numbers of persons around the location, especially in the evening hours although this in itself would not automatically result in anti-social behaviour. Notwithstanding this, any issues of anti-social behaviour should be addressed by the local police. The Transportation Section has raised concerns over this proposal and it is accepted that, as also stressed previously in a Reporters decision (see above), there could be potential for conflict in the evening hours between residents cars and customer vehicles taken the shortfall in available parking spaces within the parking area and generally around the application site.. North Lanarkshire Council own the property directly above the application property and have offered no objection to this proposal either through the provision of a Carbon Filter System (as currently proposed) or an External Flue (as normally required). The issue of litter associated with the proposed use has been highlighted to the applicant and he proposed to use biodegradable packaging, implement a recycling scheme for packaging and address any problem arising from litter deposits around the shop. Increased patronage of the shops at this location will inevitably increase both during the daytime (especially by schoolchildren) and in the evening in the event that this proposal is approved. As above, this increase in usage will not inevitably result in increased disturbances but again this is a matter for the local police to address. The issue of a previous related planning decision affecting an adjacent commercial premises has been addressed in paragraph 8.1 1 above. Commercial competition is not a relevant planning consideration.

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8.12 On balance it is concluded that the material considerations noted above do not provide sufficient weight to take precedence over the policies of the development plan. The applicant has stated that the petition which accompanied the representation from the Kirkshaws Community (letter received 17'h May 2011) included a number of duplicate signatures with some names appearing 3 times. In addition a substantial number of the signatures were from areas of Coatbridge which are a substantial distance from the application site while others were from Airdrie, Bellshill and Hamilton. In the letter of support received the writer advised that her name had been added to the petition without her knowledge or consent.

8.13

9. Conclusions

9.1 The proposal does not accord with the relevant policies within Monklands District Local Plan, namely COMl l - Hot Food Shops/Restaurants which seeks to direct such uses to Secondary Core Areas (ECON 9).The proposal is also unacceptable when considered against policies COM5 and HG9 because of the detrimental affect on amenity of adjacent residential properties created by virtue of the proposed intensification of usage especially in the evenings which is likely to create adverse environmental affects on the character of the surrounding residential area.

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Application No:

1 1/00449/FUL


Construction of Extension to Form New Multi Purpose CommunityNVorship Hall and Alterations to Existing Building. Site Address:

Salavation Army Hall Clouden Road Kildrum Cumbernauld G67 2EP

Date Registered:

4th May 201 1

Applicant: The Salvation Army PFS Scotland 4 Buchanan Court Cumbernauld Road Glasgow G33 6HZ


Agent: Craig & Struthers Chartered Architects & Bui Id ing Surveyors The Studio 15 Blairtummock Place Glasgow G33 4EN


Ward: Representations: 004 Abronhill, Kildrum And The Village Stephen Grant, Elizabeth Irvine, Tom Johnston

Letter from Councillor Murray.



The design, scale, materials and positioning of the proposal are considered to be acceptable and will not detract from the amenity of the application site or the surrounding area. The impact on neighbouring land uses is considered to be acceptable. The proposal complies with the adopted Cumbernauld Local Plan, 1993.

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111004491FUL The Salvation A r m y Sdaration Army Hdl Clouden Road Kildrum Cumbernauld Construdlon of Extension to Form New Multi Purpose CommunityMlorship Hall and Alterations

*--.IT pY.I--lrT ar%+&."d

-._.111.* b--xAh L,Rrw-- h. .c - ." 'L+ *.IIWLd.." - m:;k

to Existing Building. --.*ClrlC*-.", *.*


1.

2.

3.

4.

5.



That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 01 -001, 10-001, 10-002, 10-003, 20-001 and 20-002


That, except as may otherwise be agreed in writing by the Planning Authority, the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining dwelling.






Backaround Papers:


Letter from Councillor Murray received 2nd June 201 1.


Memo from Traffic and Transportation received on I" June 201 1



Report Date:

1st June 201 1

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REPORT

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Site Description

The single-storey detached Salvation Army Hall is situated in an established mainly residential area in Kildrum, Cumbernauld. A grassed area lies adjacent to the southwest facing side elevation of the building where the proposed extension is to be located. An electricity substation lies to the west while lock-up garages and residential properties are located to the north, east and south.

The existing building is a 21 6 square metre hall with smooth roughcast rendered walls with timber cladding and zinc clad roof. The hall will sit gable on to the road and will have a pitched roof. At the ridge the proposed building will be 5.4 metres tall.


The proposal is for the construction of a 180 square metre extension to the hall. The extension will be situated on the south-west facing side elevation of the property. The proposed extension will provide a new main hall within the property, storage space and an entrance hall. Internal layout changes are proposed for the existing building with enlargements and improvements to existing facilities which are facilitated by the relocation of the main hall to the proposed extension.

The proposed extension will be constructed with similar external materials to the existing building. It will be constructed on a grassed area which sits adjacent to the existing building.

Site History

Relevant previous planning decisions are as follows;

0 Planning application (02/01257/FUL) for the Construction of a Temporary Health Centre at a site adjacent to the Salvation Army Hall was granted on loth October 2002.

Development Plan



Consultations

Traffic and Transportation have recommended refusal of the application based on the lack of in-curtilage parking within the application site.

Representations

A letter has been received by Councillor Murray raising concerns with the proposal and requesting that the proposal is referred to the committee. The unique nature of

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7.

7.1

7.2

7.3

7.4

7.5

7.6

7.7

7.8

this part of Cumbernauld is highlighted by Councillor Murray. Concerns are raised with the loss of green open space in this location. Also perceived disparities in relation to the sale of land by North Lanarkshire Council are highlighted. A non- religious organisation has been trying to acquire land to the west of the application site fir a community hall. Finally, the need for the facility is questioned.

Plannina Assessment


Development Plan Cumbernauld Local Plan 7993: Policy HG4 (Residential Amenity) applies in this case and states that proposals should not detract from local residential amenity. As an extension to an established facility, it is considered that the proposal is not contrary to this policy in land use terms and that it will have not an unacceptable impact on the residential amenity of the application site and the surrounding area, as discussed in paragraphs 7.4 to 7.7.

Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The zoning of the site does not alter in the new plan and the development is considered to comply with Policy HCF 1A (Residential Amenity) in the Draft Plan in that it will not have an unacceptable impact on the residential amenity of the surrounding area.

lmpact on Residential Amenity - It is considered that the proposed extension is of an acceptable design and will integrate satisfactorily with the existing building. It is considered that the proposal will not have a detrimental impact on the character and amenity of the surrounding area due to its design and relationship with surrounding buildings and its distance from neighbouring dwellinghouses. The nearest residential properties to the north-west are adequately screened from the proposed development by existing trees and the nearest houses to the south-east are approximately 20 metres away and across the public road from the proposed extension. It is considered that there will not be an adverse impact on privacy of nearby residential properties or on the sunlightldaylight they receive, again due to the distances from those properties.

lmpact on Parking and Road Traffic Matters - It is noted that no in-curtilage parking is situated within the application site. There is public parking immediately adjacent to the existing hall and surrounding on-street parking exists in the general area which serves both the surrounding residential properties and the existing hall. It is considered that the extension to the hall will not have a significant adverse impact on existing parking provision. The proposal will have no impact on access or visibility.

Land-Use lmpact - It is noted that the proposal may bring about a more intensified use of the building however this relates to an established Salvation Army Hall. While the replaced main hall is larger, it is considered that it can be accommodated in light of the existing land use and otherwise the project allows the rationalisation and improvement of existing facilities within the building.

lmpact on Open Space - It is noted that the area of land where the extension is to be located is currently open space however this land is associated with, and under the ownership of, the existing Salvation Army Hall and is not an area of public open space. An element of public open space would remain around the building allowing a level of amenity space to remain and integrate the extension more sympathetically (with the much larger area of public open space being situated adjacent to the extension).

Consultations- Traffic and Transportation have raised concerns with the lack of in- curtilage parking within the application site. It is noted that an extension of this size, in

107

order to meet roads standards, would require an additional 9 car parking spaces. It is considered however that adequate on-street parking exists in the close vicinity of the application site and that the proposed extension will not place unacceptable pressures on this provision.

7.9 Representations- One letter of representation been received from Councillor Murray which raises concerns in relation to the proposal. The points of objection can be summarised as follows:

0 The proposal will result in the loss of valuable green open space in the area.

Comment: Although the area of land where the extension is to be built is currently open space, it is land associated with, and under the ownership, of an existing facility and is not an area of public open space. It is noted that public open space is situated adjacent to the application site which will remain subsequent to the construction of the extension (discussed in paragraph 7.7 above).

0 Concerns were also raised with disparities concerning the sale of land by North Lanarkshire Council to different religious groups.

Comment: This is not material to the assessment of this application and any future application will be assessed on its own merits. The commercial value of land sales at different times does not represent a material consideration.

0 The need for the proposed facility is questioned.

Comment: This is not a material consideration.

8. Conclusions

8.1 It is considered that the proposal is of a satisfactory design and will not have an unacceptable impact on the amenity of the application site, existing building or the general area. The proposed extension will integrate satisfactorily with the existing building and the proposed materials are considered to be acceptable.

8.2 The potential impact on neighbouring land uses is considered to be acceptable. Despite the concerns of Traffic and Transportation it is considered that adequate on- street parking exists close to the application site. Accordingly, the proposal is not considered to have an unacceptably adverse impact on parking provision or access.

8.3 Despite a letter of concern having been received in relation to open space and other matters it is noted that the area of land where the extension will be situated is not public open space as it is owned by the applicant. In any case, public open space will remain adjacent to the application site and accordingly the proposed extension is considered to be acceptable.

8.4 Having taken account of all relevant matters it is considered that the proposal is acceptable for the application site and will not detract from the residential amenity of the general area. It is recommended that planning permission be granted for the extension to the Salvation Army building at Clouden Road, Kildrum, Cumbernauld.

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Proposed Development: Application No:

1 1 /00474/FUL Erection of 1 No. Meteorological Mast with a Maximum Height of up to 60 metres for a Temporary Period of Three Years.

Site Address:

Waterside Farm Roughrigg Road Airdrie North Lanarkshire ML6 8QL

Date Registered:

29th April 201 1

Applicant: Bolsterstone Wind Power Ltd The Technology Centre Station Road Framlingham Suffolk IP13 9EZ Application Level: Local Application

Agent: Arcus Renewable Energy Consulting Ltd 507-51 1 Baltic Chambers 50 Wellington Street Glasgow G2 6HJ


Ward: Representations: 01 1 Airdrie South Michael Coyle, Thomas Curley, David Fagan, John Love,

0 letter(s) of representation received.



The temporary meteorological monitoring mast would be installed for a 3 year period and is in accordance with the terms of the development plan and Finalised Draft North Lanarkshire Local Plan. The mast is required to monitor wind speeds to allow assessment of the viability of a wind farm at the locality. The mast installation would have no significant impacts.

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MOEG

! I

A 11100474~ U L Bolsterstone Wind Power Ltd


1

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3.

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6.

That the permission hereby granted is for a temporary period only and shall expire on 22 June 201 4. Thereafter the mast and supports shall be removed and the site restored to the satisfaction of the Planning Authority

Reason: To define the terms of the temporary permission and to ensure the site is satisfactorily restored.

That the development hereby permitted shall be carried out strictly in accordance with the approved drawings.


That before the meteorological mast is installed; bird flight deflectors (BFDs) shall be fitted to all support guy wires at 6 metre spacing to the satisfaction of the Planning Authority.

Reason: To minimise collisions of sensitive bird species at this locus.

That the development shall not commence during the bird breeding season (March- August) until a pre-start survey of nesting birds has been completed by a qualified ecologist and submitted to and approved by the Planning Authority. The Survey shall include appropriate mitigation measures (as required) to prevent disturbance to nesting birds during the construction period.

Reason: To enable the Planning Authority to consider these aspects in the interests of safeguarding wildlife habitats at the locus.

That no development shall commence on site until a full site specific construction management statement (CMS) (including plans) is submitted to and approved by the Planning Authority. Specifically the statement shall address the following and the construction of the development shall be carried out in accordance with the agreed details:

0

0

0

0

0 Temporary SUDS measures to protect adjacent watercourses during the

0

How any contaminated land will be dealt with; treated and disposed of as necessary. The mitigation measures identified and agreed under the terms of condition 5 above Details of how the site would be accessed from the public road including details of any proposed access arrangements. Details of the storage of construction fuels and materials.

construction period Post construction site clearance works.

Reason: To enable the Planning Authority to consider these aspects in the interests of amenity and to safeguard wildlife habitats at the locus.

That no works shall commence on site until it has been formally agreed in writing by North Lanarkshire Council as Planning Authority, in consultation with Ofcom, that the proposed wind monitoring mast hereby approved does not unacceptably interfere with any telecommunication signals.

Reason: To ensure that telecommunication signals are not unacceptably adversely affected.

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7. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.


8. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control

Backsround Papers:


None


Scottish Natural Heritage received 26'h May 201 1 NLC Greenspace received 3rd June 201 1 Defence Infrastructure Organisation (MOD) received 251'~ May 201 1 Landscape received 2"d June 201 1. National Air Traffic Services (Safeguarding) Mailbox 25, 400 received 1 6'h May 201 1. Traffic & Transportation (Northern Area) Environmental Health (including Pollution Control) received 1 2'h May 201 1. Rathmell Archaeology Limited received 24'h May 201 1 BAA Aerodrome Safeguarding received 1 1 th May 201 1 Ofcom (Wind Farm Enquiries) received 5'h May 201 1 JRC Ltd (Windfarm Team) received gth May 201 1 Atkins (UHF Radio Scanning) received 1 7'h May 201 1


Any person wishing to inspect these documents should contact Mr Colin Marshall at 01236 61 6459

Report Date:

7'h June 201 1

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REPORT

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Site Description

Planning permission is being sought for a temporary period of 3 years for the installation of a 60m high meteorological mast at a site located approximately Yi mile to the west of the Waterside Farm, Roughrigg Road, Airdrie.

The site area extends to some 0.06ha and lies to the north of Roughrigg Reservoir where the surrounding landscape is generally characterised as rough grazing land. Lady Bell’s Moss SSSl (Raised Bog Habitat) lies approximately 260m north of the mast site.

The mast would consist of a 60 m high steel post supported by guy wires with apparatus for measuring wind speed attached at 5 separate heights on the mast. 28 separate guy wires would be provided to anchor the mast. The mast is required by the developer for a period of up to 3 years in order to monitor wind speeds at the site to assist in gauging the potential for renewable energy sources at this site.

Construction vehicles would access the site area from existing farm tracks which traverse the area to the south and north of the site.

Applicant’s Sumortina Information

The applicant provided details of the mast construction including site plan, anchor, guy support and elevation details.

Site History

The agent previously submitted a request to the Council for a Screening Opinion under the terms of the Environmental Impact Assessment (Scotland) Regulations 1999 for a proposed wind farm comprising up to 3 wind turbines (7.5MW) at site that extends east from Roughrigg Road towards Longriggend village. (Refer 1 1/00269/EIASCR).

Development Plan

The application site falls within an area covered by policies GB2 Restrict Development in Countryside around Towns and LI 1/3 medium Quality Landscape of the Adopted Monklands Local Plan 1991.

There was no objections from NATS, BAA, MOD (Defence Estates), JRC, Atkins and Rathmell Archaeology Limited.

Ofcom advised that the mast may have an impact on various telecommunication microwave fixed link frequency bands that cross the site area.

SNH, Protective Services and Greenspace Services had no objection subject to conditions.

113

7. Representations

7.1 Following the standard neighbour notification process and newspaper advertisement no objections were received.

a. Plannina Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise. The application raises no strategic issues.

DeveloDment Plan Monklands District Local Plan 1991. Whilst there are no specific references to wind farm developments or to development associated with such infrastructure within the local plan, the terms of policy GB2 (Restrict Development in Countryside Around Towns) needs to be taken into consideration.

8.2

8.3 Policy GB 2 states that isolated developments shall not be supported unless there is a specific locational need and can also be justified in terms of economic benefit, infrastructure implications and environmental impact. Whilst there would be no immediate economic benefit, the proposed meteorological monitoring mast would have a specific locational need, in that it is required to monitor wind speeds at this isolated locality to assist the developer determine the viability of establishing a 3 turbine wind farm in this area. (This larger scaled proposal would be subject to a further planning application and considered on its own merits). The mast proposals would have no infrastructure implications or have any significant environmental impacts. In addition the proposed mast would only be in position for a temporary period of 3 years. Taking all of these matters into consideration the proposed meteorological monitoring mast would be acceptable and would not compromise the aims of Policy GB2.

8.4 Policy LI 1/3 (Medium Quality Landscape) sets out to encourage landscape improvements schemes where possible. However given the relatively small scale and temporary nature of the mast proposal this requirement is not relevant or justifiable in this instance.

8.5 Other Material Considerations : Finalised Draft North Lanarkshire Local Plan: The site is located within the Rural Investment Area (RIA) where policy NBE 3 B sets out the types of development that would be acceptable within the RIA. This states that developments that meet policy NBE 3A (Green Belt) impact criteria would be acceptable and this would include development related to the generation of power from renewable sources. As the proposals are directly related to the potential development of a wind farm they are considered consistent with policy NBE 3 A and B. It has been demonstrated there is a specific locational need and there would be no undue infrastructure implications or significant impact on the environment.

8.6 All development proposals are subject to assessment against Development Strategy Policies DSP 1 , DSP 2, DSP 3 and DSP 4 as follows:

DSP 1 Amount of Development: This relates to planned land supplies and is not of relevance to this proposal.

DSP 2 Location of Development: The proposals are considered to be consistent with the relevant locational criteria in SPG DSP 2.

DSP 3 Impact of Development: The proposals would have no significant impact on environmental infrastructure and as such are consistent with SPG DSP 3.

DSP 4 Quality of Development: Although the proposed meteorological monitoring mast would be a temporary development, and may be visible from outlying residential

114

areas some distance from the site, high standards of site planning would be achieved as the proposals would have no detrimental impact on landscape or biodiversity interests and avoid all impacts on any archaeological or historic environment resources. Moreover there would be no unacceptable impacts on residential amenity.

8.7 Consultations

8.8 There was no objection from BAA, NATS or Defence Estates Safeguarding in respect of air traffic safeguarding.

8.9 There was no objection from JRC or Atkins in respect of impacts on telecommunications apparatus however Ofcom identified that some fixed link telecom links may be affected by the proposed wind monitoring mast. It is considered that such impacts may be covered by planning condition.

There was no objection from Rathmell Archaeology Limited in respect of impacts on archaeology resources.

SNH had no objection provided the mast guy support wires be fitted with bird deflectors to increase their visibility to low flying bird species and these should be replaced if damaged or dislodged. Such and arrangement can be covered by condition.

Greenspace Services had no objection provided the mast support wires were fitted with bird deflectors and that should construction works commence during any bird breeding season that a qualified ecologist survey the area to determine if any protection areas need to be established during the construction period. This requirement may be covered by condition.

Protective Services advised that as the proposals would involve excavation works near a disused railway solum any unsuspected contamination exposed through excavation works should be reported immediately to the Council. it is considered that this requirement could be covered by a Construction Management Statement (CMS) as required under the terms of condition 5 noted above.

Remesentations There were no representations

8.10

8.11

8.12

8.1 3

8.14

9. Conclusions

9.1 The proposed meteorological monitoring mast would be installed for a temporary period of 3 years to allow the developer to assess the viability of the site to support an associated wind farm development. The proposals are in accordance with the terms of the development plan as there is a specific locational need and the mast would have no significant impact. The proposals are also supported under the terms of the FDNLLP as a development related to renewable energy proposals. The potential bird collision protection measures noted by SNH and Greenspace Services can be covered by condition. In addition, a planning condition would address potential interference with telecom links which cross the site area. It is therefore concluded that the proposals are acceptable and it is recommended that planning permission be granted subject to conditions

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Application No: 11/00483/FUL


Part Change of Use to Shop to Include Hot Food Deliveries

Site Address:

43 Langmuirhead Road Auchinloch G66 5DW

Date Registered:

3rd May 201 1

Applicant: Mr & Mrs Kaur 43 Langmuirhead Road Auchinloch G66 5DW


Ward: 005 Strathkelvin William Hogg, Joseph Shaw, Brian Wallace, Frances McGlinchey

Agent: Peter Jarvie 11 Berryknowe Avenue Chryston G69 9BD


Representations: 43 letters of representation received including Councillor McGlinchey and Councillor Wallace. (19 objections, 24 in support and a petition in support with 11 5 signatures).



It is considered that the proposed hot food delivery business will detract from the amenity of the application site and the surrounding residential area. The impact on neighbouring properties is considered to be unacceptable and the proposal is, therefore, contrary to the terms of the adopted Northern Corridor Local Plan (2005) and with the Finalised Draft North Lanarkshire Local Plan.

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1 1 7

Recommendation: Refuse for the Following Reasons:-

1. That the proposed part change of use is contrary to policies HG3 and SC3 of the Northern Corridor Local Plan 2005 in that the proposed hot food delivery business would, by virtue of noise, smell, general disturbance and late night activity associated with the proposal, have an unacceptable and deleterious effect on the amenity of the existing residential properties and in particular 41 Langmuirhead Road.

2. That the proposed part change of use to a hot food delivery business is especially inappropriate in this location give the close proximity of the shop to adjacent residential properties, but in particular, 41 Langmuirhead Road.

3. The approval of this application may set a precedent making it difficult for the Planning Authority to refuse other similar bad neighbour development proposals.

Backarou nd PaPers:

Representation Letters Letter from Councillor Frances McGlinchey, Member Services, Civic Centre, Windmillhill Street received 1 8'h May 201 1. Letter from Councillor Brian Wallace, Member Services, Civic Centre, Windmillhill Street received 24'h May 201 1. Letter from Mairi Macintosh, 11 1 Langmuirhead Road, Auchinloch received 1 7'h May 201 1. Letter from Mr Graeme Shaw, 41 Langmuirhead Rd, Auchinloch received 1 7th May 201 1 & 8'h June 201 1. Letter from Mr Paul Tagg, 32 First Avenue, Auchinloch received 14'h May 201 1. Letter from Jean King, 65 Langmuirhead Road, Auchinloch received 15'h May 201 1. Letter from Miss J Mitchell, 19 First Avenue, Auchinloch received 1 7th May 201 1. Letter from Mr Joseph Hall, 30 First Avenue, Kirkintilloch received 23rd May 201 1. Letter from Mr lan Hector, Auchinloch Bowling Club, Fourth Avenue, Auchinloch received 1 gth May 201 1. Letter from Mr & Mrs Tagg, 32 First Avenue, Auchinloch received 1 7'h May 201 1. Letter from Mrs D Burke, 23 First Avenue, Auchinloch received 1 7'h May 201 1. Letter from Mrs S Cornwell, 23 Third Avenue, Auchinloch received 4'h June 201 1 Letter from Cara Duguid, 33 Second Avenue, Auchinloch received 2nd June 201 1 Letter from Mr James McGregor, 30 Kelvinvale, Kirkintilloch received 7th June 201 1 Letter from Mr Harold Hughes, 90 Langmuirhead Rd, Auchinloch received 2nd June 201 1 Letter from Edmond Forbes, 17 Fourth Avenue, Auchinloch received 24'h May 201 1 Letter from Linda McDonald, 31 Second Avenue, Auchinloch received 24th May 201 1 Letter from Mr Supporting Residents, 17 Fourth Avenue Auchinloch received 24'h May 201 1 Letter from Joe Dempsey, 37 Langmuirhead Road, Auchinloch received 25th May 201 1 Letter from L Duffy, 31 Fourth Avenue, Auchinloch received 25'h May 201 1 Letter from Margaret Mackay, 18 Gadloch View, Auchinloch received 25':Pay 201 1 Letter from J McDonald, 75 Langmuirhead Road, Auchinloch received 25 May 201 1 Letter from Tracey Thompson, 40 Watermill Avenue, Lenzie received pth May 201 1 Letter from Stephen Cocker, 12 First Avenue, Auchinloch received 26 May 201 1 Letter from Helen Dick, 56 Second Avenue, Auchinloch received 26th May 201 1 Letter from Miss Sarah Docherty, 24 First Avenue, Auchinloch received 26'h May 201 1 Letter from Carol Hethman, 39 Second Avenue, Auchinloch received 26hh May 201 1 Letter from R Dougall, 73 Langmuirhead Road, Auchinloch received 2gth May 201 1 Letter from Mr George Lindsay, 44 Newton Road, Lenzie received 2gth May 201 1 Letter from P Jarvie,39 Langmuirhead Road, Auchinloch received 31'' May 201 1 Letter from J Gray, 5 Second Avenue, Auchinloch received 30th May 201 1 Letter from Ed Forbes, 29 Third Avenue, Auchinloch received 7th June 201 1 Letter from Mr Andrew Jeffrey, 14 Third Avenue, Auchinloch received 7th June 201 1 Letter from Mr Edward Topping, 61 Third Avenue, Auchinloch received 7'h June 201 1

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Letter from Mr John McCafferty, 9 Third Avenue, Auchinloch received 7'h June 201 1 Letter from Cameron McKenna, 11 Third Avenue, Auchinloch received 7'h June 201 1 Letter from Mr Arthur Milton, 23 Second Avenue, Auchinloch received 7'h June 201 1 Letter from S Paterson, 24 Second Avenue, Auchinloch received 7'h June 201 1 Letter from W Reid, 32 Gadloch Avenue, Auchinloch received 7'h June 201 1 Letter from James Sideserf, 18 Second Avenue, Auchinloch received 7'h June 201 1 Letter from Hellen Topping, 18 Fourth Avenue, Auchinloch received 7'h June 201 1 Letter from Ms J Arnott, 41 Langmuirhead Rd, Auchinloch received 1 3'h June 201 1

Consultation Responses: Traffic & Transportation email received 13'h June 201 1 Memo from Protective Services received on 1 l th May 201 1.

Information from Applicant

Letter and petition in support containing 115 signatures received 2nd June 201 1

Contact information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 61 81 24

Re ort Date: 13' June 201 1 R

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REPORT

1.

1.1

2.

2.1

3.

3.1

4.

4.1

5.

5.1

5.2

6.

6.1

7.

7.1

Site Description

The application site is an existing licensed grocer’s shop at 43 Langmuirhead Road, Auchinloch. The application site is bounded by residential properties to the south and east, a primary school to the north and a small area of public open space to the west. The application site has no dedicated off street access or car parking spaces.


This application proposes the part change of use of the licensed grocer’s shop to include hot food deliveries from the premises. The property has previously been altered internally with a kitchen being formed in part of the back shop area. An external flue is proposed for the side (north) elevation. No hours of operation have been proposed by the applicant.

Applicant’s Supportina Information

The applicant has submitted a letter of support which states that they consider that the proposal will not result in detrimental noise, smell, parking and traffic movements in and around the general area of the application site.

Site Historv

The application site has been the subject of the following planning applications:

0

0

02/01 021/FUL Alterations to Shop Front - Approved 23rd August 2002 06/0081 O/FUL Part Change of Use of Shop (Including Internal and External Alterations) to Include Hot Food Takeaway (In Retrospect) - Refused 22nd June 2006

Development Plan


In terms of the Northern Corridor Local Plan (2005) the site is covered by policy HG 3 (Retention of Residential Amenity).

Consultations

A summary of comments from the consultees is as follows:

i.

ii.

Protective Services have no objection provided that no noise and odour nuisance shall arise from the adapted premises when completed Traffic & Transportation have no objection to the proposed part change of use to include hot food deliveries from the premises.

Following the standard neighbour notification process and newspaper advertisement, 43 letters of representation have been received (19 objections and 24 supporting) as well as a petition supporting the proposal with 115 signatures. The main points of objection relate to no change in circumstances since the previous refusal of planning permission, lack of parking, retrospective nature, lack of local support, detrimental impact on village, increase in traffic and parking difficultly, litter and waste, loitering, cooking fumes, noise, fire risk, unsuitable electric and drainage, plan details unclear,

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precedent, impact on racing pigeons and area already served by adequate provision. While the main points of support relate to continued vitality of the local shop, benefit to village, no detrimental impact on traffic & parking, no odours or noise issues and minor employment opportunity.


8.1 Section 25 of the Town and Country Planning (Scotland) Act requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

8.2 Develoament Plan - Northern Corridor Local Plan 2005: The site is located within an established residential area in Auchinloch and is zoned as HG 3 (Retention of Residential Amenity). Policies SC 3 (Assessing Applications for Bad Neighbour Development) and TR 6 (Development Control Criteria) are also relevant. The primary issues to be considered are the appropriateness and compliance with the development plan and the effect the hot food delivery use will have on the surrounding area.

8.3 The development requires to be assessed in terms of Policy HG 3, which seeks to protect the character and amenity of existing and new housing areas. In particular, it opposes development which is incompatible within a residential setting or adversely effects established residential amenity. Policy SC 3 advises that ‘there is a presumption against hot food shops located directly below or in close proximity to residential properties or in such other locations where nuisance conditions are likely to occur’. The Local Plan allows for other appropriate uses in residential areas so long as they do not result in a significant loss of residential amenity, parking facilities are adequate and unobtrusive and there are no overriding site specific problems. Although comprising of hot food deliveries only, it is considered that the proposed hot food delivery use would still result in an unacceptable adverse level of noise, smell, general disturbance and late night activity. Even as a delivery only operation, the potential exists for an intensive use, particularly in the evening hours, close to established residential properties, not least the directly adjoining 41 Langmuirhead Road. In this respect, the concerns over odour, noise and general disturbance from cars associated with the unit remain. It is considered that the potential impact of the development on neighbouring residential properties is considered to be unacceptable and therefore contrary to policies HG 3 and SC 3 which serve to protect those residential interests. Given the location and nature of the application property, it is also considered difficult to effectively control or restrict the proposed use to a delivery only hot food operation. Roads matters are discussed in more detail in the next paragraph.

8.4 With respect to roads matters, Traffic and Transportation advise that whilst the existing shop has no in-curtilage parking and is serviced from the adjacent road network it is unlikely that the peaks for the hot food deliveries would co-incide with the peaks of the shop. As such they do not object to the application. The proposal is therefore considered acceptable when assessed with respect to policy TR 6. The vehicular activity from a delivery operation only does however raise amenity concerns in light of its proximity to residential properties.

8.5 Other Materials Considerations - Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan, which zones the application site as HCF 1 A (Residential Amenity). As the proposal involves hot food, Policy RTC 3 A (Bad Neighbour Development) is also relevant. Policy HCF 1 A has a presumption against developments detrimental to residential amenity in primary residential areas. While Policy RTC 3 A states that planning permission will only be granted for bad neighbour development where it can be demonstrated by the applicant that amenity would not be adversely effected. In this respect it is considered that the amenity of the surrounding area will be unacceptably affected. The development is therefore considered fails to comply with policies HCF 1 A and RTC 3

121

A of the Finalised Draft North Lanarkshire Local Plan.

8.6 Representations: In terms of the objections raised, I would offer the following comments:

Point of Objection: The previous planning application (06/0081O/FUL) was refused and nothing has changed to alter the conditions in which this was refused.

Comment: The nature of the proposal has changed from the hot food takeaway proposal, in that the proposal is for a home delivery service only and not open to the general public. The appropriateness of this change has been assessed in full above.

Point of Objection: The proposal will add to the traffic congestion already experience in the area and there is no parking for this proposed facility

Comment: No dedicated car parking is proposed as the proposal is for a delivery service only and does not include a service for the public to visit and collect the hot food in person. In addition, Traffic and Transportation advise that it is unlikely that the peaks for the hot food deliveries would co-incide with the peaks of the shop therefore they have no objection to the proposed development from a road safety or parking availability perspective. There are currently no parking restrictions locally and accordingly there would be no justification to refuse the development from a road safety point of view. Nonetheless, it is accepted that any increase in traffic raises an amenity concern.

Point of Objection: It is alleged that the hot food delivery service is currently in operation.

Comment: Although the kitchen has been installed, the applicant has confirmed that no hot food is prepared at the premises.

Point of Objection: There is lack of support for a hot food business in this area.

Comment: Need is not a material planning consideration and it is for the applicants to satisfy themselves that there is a market for their service.

Point of Objection: The proposed hot food business will result in a detrimental impact on village.

Comment: This is noted and the impact on the amenity of the area has been assessed in detail above.

Point of Objection: There is a potential of litter drop from discarded cartons and untidiness and waste product from such developments.

Comments: Given the proposal is for a home delivery service only, there should be no litter problem within the vicinity and any potential waste would be dealt with by the Council’s cleansing department.

Point of Objection: There is a potential for loitering which can result in anti-social behaviour caused by strangers hanging about outside the shop.

Comment: This is not material planning consideration,

Point of Objection: The cooking fumes will enter the local houses on a continual basis to the detriment of residential amenity.

Comment: This is noted and has been assessed in detail above. While it is not intended to be open to the general public, it is accepted that the operation will create a degree of nuisance.

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Point of Objection: The additional noise generated by people entering and leaving the premises and the functions of the business will make for unwarranted intrusion into residents private lives.

Comment: This is noted and has been assessed in detail above.

Point of Objection: This proposal for hot food delivery unit will increase the risk of fire.

Comment: Issues regarding the potential fire hazards will be addressed as part of the warrant process by Building Standards.

Point of Objection: The electric and drainage supplies which run through our property are not suitable for the proposed use.

Comment: The suitability of electric and drainage supply will be assessed in the warrant process by Building Standards.

Point of Objection: It is alleged that the drawings supplied are incorrect and also the planning application to be incorrect.

Comment: The application is considered to be valid.

Point of Objection: It is considered that the granting of this reduced application would make it difficult for the Council to refuse an extended application in the future.

Comment: Whilst each application is considered on its merits, it is noted that the approval of this application could set a precedent for similar development.

Point of Objection: The smell and odour from the shop would be detrimental to the health and wellbeing of our Racing Pigeons which are kept in the garden of the neighbouring property.

Comment: The potential impact of on racing pigeons is not a material planning consideration.

Point of Support: This delivery service will generate more business for the shop and continue the vitality of the local shop.

Comment: This is noted but does not out weigh the planning assessment of the proposal.

Point of Support: The proposed hot food delivery service will benefit the village.

Comment: The impact on the amenity of the area has been assessed in detail above.

Point of Support: There will be no detrimental impact on traffic & parking.

Comment: The potential traffic implications have been assessed in full in paragraph 8.4 above.

Point of Support: The hot food delivery proposal will not result in any odours or noise issues.

Comment: It is considered that the operation will create a degree of nuisance in terms of noise and odour.

Point of Support: The proposal for a hot food delivery service will provide an

123

employment opportunity within the village. Comment: This is noted but does not out weigh the planning assessment of the proposal.

9. Conclusions

9.1 In conclusion, the proposed hot food delivery business will result in an unacceptable impact on residential amenity. In this respect the development is contrary to the Northern Corridor Local Plan, 2005 and the Finalised Draft North Lanarkshire Local Plan. Accordingly, I recommend that planning permission is refused.

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Application No:

1 1 /00498/AM D


Amendment to Planning Application 10/00337/FUL - Change to Finished Site Levels of Car Park and Variation of Condition 5 Relating to Height of Timber Fence to be Reduced from 1.8m to 1.4m High

Site Address:

Land At Hamilton Road Orbiston Bellshill

Date Registered:

11 th May 201 1

Applicant: North Lanarkshire Council Mr Scott Milne Fleming House Tryst Road Cumbernauld G67 1 JW Application Level: Local Application

Agent: N/A


Ward: Representations: 01 4 Bellshill Harry Curran, Richard Lyle, Harry McGuigan,

No letter of representation received.



The proposed amendments and variation of Condition 5 relating to the approved park and ride scheme are considered acceptable in terms of the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan in that the proposed development will not adversely affect the character of the surrounding town centre location.

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v& the permission of

of the Controller of Her Mapsty's Statnnery Gffica 0 Crom copyright Unauthorised reproduchon infringes Crown copyright and may lead to prosecution or civil proceedings N& Lanarkshire Council 100023396 2008

Ordnance Survey on behalf Environmental Services ;kelilding,+M 7 Scan Street, Motherwell,

telOl698 274274 fax 01698 403053

Amendment to Planning Application 10/00337/FUL Change to Finished Site Levels of Car Park and Variation of Condition 5 Relating to Height of Timber Fence to be Reduced from 1.8m to 1.4m High

Land At Hamilton Road, Bellshill126

bnad@hilE+ 6mcll


1.

2.

3.

4.

5.

6.

That the development hereby permitted shall be started not later than 19th May 201 3.


That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- PER-09- 048/PL-01, PER-09-048/LP-01 C, PER-09-048/PL-02, PER-09-048.




That within 4 weeks of the completion of each phase of development hereby permitted, as shown on Drawing No PER-09-048/PL-01, a Notice of Completion of that phase shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

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 and thereafter erected in accordance with the details approved under the terms of this condition. For the avoidance of doubt a 1.4 metre high timber fence shall be erected along the southern boundary of the site.

Reason: In the interests of the amenity of the site and the general area.

That for the avoidance of doubt, all conditions imposed on Planning Permission ref. 10/00337/FUL still apply with the exception of Conditions 1 to 5.

Reason: To define the permission.

127

Backaround PaDers:


None


Letter from Network Rail received 1 8'h May 201 1


Any person wishing to inspect these documents should contact Miss Heather Gebbie at 01 698 2741 12

Report Date:

1" June 201 1

128

APPLICATION NO. 11/00498/AMD

REPORT

1.

1 . I

2.

2.1

2.2

3.

3.1

4.

4.1

5.

5.1

5.2

Site Description

The application site measures approximately 0.87 hectares and comprises of open grassland, two connecting lit public footpaths and a number of semi-mature and mature trees spread sparsely throughout the site. A railway line bounds the site to the north, residential dwellings to the southwest, open space to the west, newly constructed and unoccupied two and half storey flatted dwellings and two storey terraced dwellings to the south and Hamilton Road to the east. The majority of the site is relatively flat, however the land gradually rises in an east to west direction.


This application seeks planning permission for an amendment to planning permission 10/01337/FUL granted on 20th May 2010 for a change in finished site levels for the Bellshill Park and Ride Facility at Hamilton Road, Bellshill. The applicant now proposes to retain material within the site due to removal costs. This application also seeks permission for the variation of the wording of Condition 5 attached to the above planning permission for the reduction in height of the required timber fence along the southern boundary of the site from 1.8 metres high to 1.4 metres due to the construction of a retaining wall along this boundary. The retaining wall is required due to the change in site levels.

It should also be noted that two Footpath Diversion Orders have been promoted and confirmed under Section 208 of the Town and Country Planning (Scotland) Act 1997 in relation to the existing footpath which traverses the site. The first Order was confirmed in August 2010, however this was amended due to the diversion of the footpath onto the footpath which serves the new residential development to south of the site. The last and most relevant Order was confirmed on 13th May 201 1.

Applicant's Supportina Information

The applicant has submitted no further information in support of this application.

Site History

The south eastern part of the site, which incorporates the proposed access road linking the park and ride facility to Hamilton Road, was included in three previous applications for a residential development at the triangular area of land to the south of the application site. These applications are:

0 03/01 481/OUT: outline planning permission for residential development granted 22nd December 2003.

0 04/00735/REM: Erection of 14 flats and 3 terraced houses granted 23rd November 2004.

0 07/01513/AMD: Amendment to increase the number flatted dwellings from 14 to 19 granted 23'd November 2007.

DeveloDment Plan

The site is zoned as Policy L3 (Protected Open Space) in the Southern Area Local Plan 2008.

The site is zoned as Policy HCF 1 A (Residential Amenity) in the Finalised Draft North Lanarkshire Local Plan.

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6.

6.1

7.

7.1

8.

8.1

8.2

8.3

Consultations

Network Rail has no objections to the proposed development.

Rewesentat ions

No letters of representation have been received in relation to this application following the neighbour notification procedure and press advertisement.

Plannina Assessment

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. The application raises no strategic issues; it can therefore be assessed in terms of the local plan policy. The site is zoned as Policy L3 (Protected Open Space) in the Southern Area Local Plan 2008. Policy ENV5 (Assessment of Environmental Impact) is also relevant to the proposal.

DeveloDment Plan:

As permission has previously been granted for the park and ride facility at this site, the principle of the car park has therefore been established, and the details of the proposal are all that require to be assessed. As such the proposal accords with Policy L3.

Policy ENV5 assesses the environmental impact of the proposal against relevant criteria such as landscape and visual impact of the proposal and the generation of noise, dust, pollution and interference. In this case, the applicant seeks permission to amend the site levels approved under the previous planning permission 10/00337/FUL in order to prevent a large quantity of material being removed from the site. The material shall be retained within the site due to the high disposal costs. The applicant has amended the site levels across the site, with particular regard to the southern section of the site. It is considered that there would be no significant visual impacts from amended site levels. The consequence of this has resulted in the requirement for a 0.5 metre high retaining wall along part of the northern and southern boundaries of the site. It is considered that the proposed 0.5 metre high retaining wall along part of the northern boundary of the site is considered acceptable. In terms of the southern boundary treatment, the retaining wall and reduced fence height to 1.4 metres, which shall sit on top of the retaining wall, is considered to be sufficient in terms of protecting the amenity of the adjacent residential dwellings to the south. It is therefore considered that the proposal complies with Policy ENV5.


8.4 With regard to the Finalised Draft North Lanarkshire Local Plan (FDNLLP), the application site is zoned as Policy HCFI A (Residential Amenity).This policy supports the proposed development at this location, subject to no adverse impacts on the surrounding residential and commercial properties. The FDNLLP requires proposed development to be assessed against Policies DSPl (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). With regard to Policies DSPl and 2, the principle of the park and ride facility has already been assessed under the previous planning application and was considered acceptable. DSP3 assesses the proposed development against the economic, social and environmental impact on the surrounding properties. In this case, the revised site levels are required in order to prevent a large quantity of material to be removed off-site. As detailed at paragraph 8.3 above, the proposed southern boundary treatment incorporating the retaining wall and reduced fence height are considered acceptable and will not adversely affect the amenity of the properties to south. With regard to DSP4, it is considered that the proposals are

130

minimal in terms of the overall design and finish of the development and are thus considered to be in keeping with the character and amenity of the surrounding area. As such, the proposal accords with the draft Local Plan.

9. Conclusions

9.1 With regard to all material considerations, it is considered that the proposed amendment in proposed site levels and variation of wording of Condition 5 to reduce the height of the southern boundary fence to 1.4 metres and incorporation of retaining walls are acceptable in terms of the relevant policies in the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan. It is also considered that the proposed amendments will not result in any detrimental amenity issues for the newly constructed residential dwellings to the south. This application is therefore recommended for approval, subject to the imposition of appropriate conditions.

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Application No:

1 1/00504/FUL


Subdivision and Change of Use from Bookmakers Shop to Restaurant and Hot Food Takeaway, with Alterations to Shop Front and Erection of Flue Duct

Site Address:

Bookmakers 17 - 19 Motherwell Road Carfin Motherwell MLI 4EB

Date Registered:

5th May 201 1

Applicant: Naveed Ahmed 2 Coltsfoot Drive Southpark Glasgow G53 7UL


Agent: Chris Doak Architect 5 Shaftesbury Street Anderston Glasgow G3 8UN


Ward: Representations: 017 Motherwell North Annita McAuley, Helen McKenna, Peter Nolan, Gordon Stewart,




The proposed application is considered unacceptable in terms of the criteria set out in the relevant policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. Adequate off street parking cannot be provided to serve the proposed development and the existing uses within this building. The development is therefore likely to lead to on street parking to the detriment of traffic safety and may have a detrimental impact on the surrounding commercial and residential area.

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PlANNlNG APPLICATION 11 I00504 FUL

Change of Use from Bookmakers Shop to Restaurant and Hot Food Takeaway, with Aiterations to Shop Front and Erection of Flue Duct

Produced by t4x-h Lanarkshire Council Planning and kvironrnent Departmnt, Calziel Building.

11 01898 274274 cx 0169s 403053

Refuse for the Following Reasons:.

1. That the proposed development is contrary to policies RTL 11 and TR 13 of the Southern Area local Plan. Adequate off street parking cannot be provided to serve the proposed development and the existing uses within this building. The development is therefore likely to lead to on street parking to the detriment of traffic safety and may have a detrimental impact on the surrounding commercial and residential area.

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Backaround Papers:


Carfin Community Council, C/O John McCormack Community Centre, Motherwell Road, Carfin, ML1 4EB Mr Stevie Singh, 14 New Stevenston Road, Carfin, Motherwell, ML1 4EQ


Traffic i3 Transportation received 1 3Ih May 201 1 and 2nd June 201 1. Environmental Health (including Pollution Control) received 2nd June 201 1.


Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01 698 2741 13

Report Date:

8th June 201 1

135


REPORT

1.

1 . I

2.

2.1

3.

3.1

4.

4.1

4.2

4.3

4.4

4.5

4.6

4.7

4.8

5.

5.1

6.

6.1

Site Description

The application site is part of a two storey sandstone building located at 17-19 Motherwell Road, Carfin. The site is a ground floor premises at the front of the building with offices above and a dance studio and other commercial unit to the rear. The site is bounded by existing commercial premises to the south and a chemist to the east, landscaping and a tree belt to the north with dwellings behind and existing community centre to the west. Parking exists to the east and west of the building.


The application seeks planning permission for the subdivision and change of use from a vacant former bookmakers shop to restaurant and a separate hot food takeaway, with alterations to the shop front and erection of a flue duct. The applicant proposes to reinstate the window openings on the front elevation with internally fitted roller shutters. In addition a new extract flue is proposed on the western gable towards the rear of the building.

Applicant's Supportinq Information

The applicant has submitted no supporting information pertaining to the application.

Site History

Application 253179 Change of use of Flat to Hairdressers. Approved 27'h July 1979.

Application 329/88 Change of use to Licensed Premises. Approved 5*h October 1988.

Application 91/91 Change of use of Hairdressers to Recording Studio. Approved 5'h June 1991.

Application 18/95 Change of use of Recording Studio to Offices. Approved 3rd May 1995.

Application 97/10296/FUL Change of Use from Snooker Hall to Childrens Nursery. Approved 24'h July 1997.

Application 06/00791/FUL Part Change of Use of Public House to Licensed Bookmakers and Associated Physical Alterations to Front Entrance. Approved 3rd August 2006.

Application 09/00102/FUL Change of Use from Office to Class II Dance Hall and Studio. Approved 28'h May 2009.

Application 11/00332/FUL Continuation of Use of Property as a Class 11 Dance Hall and Studio (09/00102/FUL). Decision Pending.

Development Plan

The site is zoned as CS 2 (Established Community Facilities) in the Southern Area local Plan 2008.

Consultations


136

i) Transportation indicate that the proposed restaurant requires 20 off street parking spaces but given the existing premises already operational on the site and the fact that only 23 spaces in total are available it is considered that there is insufficient parking for all the businesses to operate at this location.

ii) Protective Services have no objections to the proposed development subject to cooking odours from the premises being controlled and noise levels associated with any plant or ventilation from the completed development being within recommended guidelines.

7. Rewesentat ions

7.1 Following the standard neighbour notification process and newspaper advertisement, 2 letters of representation one from Carfin Community Council have been received with regard to the proposed development. The points of concern can be summarised as follows:-

i) There are already a number of established hot food take-aways and restaurants in the area and in the neighbouring settlements of Jerviston and Newarthill.

ii) The proposed development will have a negative impact on the objectors existing hot food takeaway business.

iii) Parking for customers of the restaurant is inadequate and there is potential for subsequent on-street parking to the detriment of road safety.

iv) The vacant Bookmakers would be better utilised for an alternative use other than that proposed.


8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed in terms of the development plan policies contained within the Southern Area Local Plan 2008. The site is zoned as Policy CS 2 (Established Community Facilities) in the Southern Area local plan 2008. Policies RTLI 1 (Bad Neighbour Developments) and TR13 (Assessing the Transport Implications of Development) are also relevant to this proposal.

AdoDted Local Plan:

8.2 Policy CS 2 seeks to protect established community facilities by resisting their loss where a shortfall in provision for that locality will result. The change of use of the building has already been established by previous applications, therefore notwithstanding the site’s zoning as an established community facility, it is considered that the proposed change of use from bookmakers to restaurant and hot food takeaway is acceptable in principle as it will result no reduction in community facilities in the area.

8.3 Policy RTLI 1 indicates that such developments should preferably be located 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 and traffic impact. While the site is not within a town centre or appropriately zoned site, it is considered that relevant material considerations include the existence of a mixture of commercial uses at this location. In land use terms a change of use to a restaurant and hot food takeaway are considered to be acceptable in principle as they are not located immediately adjacent to residential properties but within a building which already has a mixture of commercial premises operating from the site. The existing commercial facilities in the surrounding area include a shop and

137

8.4

8.5

8.6

8.7

public house as well as a community centre. The nearest dwellings are located 35 metres to the north beyond an existing landscaped area and tree belt which screens the premises. Given the distance to the dwellings and the existing screen it is considered that there would be no unreasonable increase in fumes or noise from the proposed restaurant and associated hot food takeaway on the nearest dwellings to the site. It is considered however that the proposed development may have a detrimental impact on the character and amenity of the area given the substandard nature of the proposed parking associated with the site. As noted at paragraph 6.1 above it is considered that the proposed development is likely to result in on street parking at this location, this is likely to result in increased traffic congestion which would adversely affect the general amenity of the area and have a detrimental impact on the road network, as such, is considered to be contrary to Policy RTL11. In respect to additional traffic movement’s, vehicular access, servicing, parking, and the impact on road safety, this is assessed in Policy TR 13 below.

Policy TR13 Assessing the Transport Implications of Development indicates that the Council will consider various transportation criteria through the assessment of planning applications. This includes the level of traffic generated and its impact on the environment, the impact of the proposal on road traffic circulation and road safety, provisions made for access, parking and vehicle manoeuvring. As indicated at paragraphs 6.1 and 8.3 above, the proposed development is likely to result in on street parking, this would introduce a conflict of vehicle manoeuvres given the sites’ close proximity to the existing junction of Motherwell Road and Chapelknowe road and may adversely impact on the operation of the existing traffic lights at this location to the detriment of the road network. The proposed development is therefore contrary to TR13.


A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan (FDNLLP). Policy HCFIA states that there will be a presumption against developments detrimental to the residential amenity of residential areas. Developments of an ancillary nature may be acceptable subject to impacts on residential amenity and provision for servicing and parking. As detailed in paragraphs 8.3 to 8.4, the proposed development is considered unacceptable given the substandard nature of the parking provision and would have a detrimental impact on road safety and residential amenity at this location. The proposals are therefore considered contrary to policy HCF1 A.

The FDNLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Due to the limited nature of the development, Policies DSP 1 and DSP 4 are is not relevant given that the proposals are for change of use only and include minimal external alterations to the building. Policy DSP 2 is considered to have been addressed in section 8.3 above and the location is considered acceptable. Policy DSP 3 refers to the economic, social, or environmental impact of proposals on the infrastructure of the community. Given the nature of the proposals and location of the application site and the mixed use nature of the area, the principle of the development is considered acceptable, however the proposed development fails to provide adequate levels of parking given the existing uses already prevalent at the site thus the proposals are considered to have a significantly adverse impact on the amenity of the area. The proposal is therefore considered contrary to policy DSP 3.

Consultations:

In terms of the consultation responses, Transportations comments are addressed at paragraph 8.4 above. In relation to the comments raised by Protective Services, should the Committee be minded to approve the application conditions would be required relating to noise restrictions for ventilatiodair conditioning equipment and the

138

mechanism for the extraction of fumes from the premises.

Representations:

8.8 In terms of the points of objection, I would comment as follows:-

i) The concern regarding the proliferation of hot food take-away premises is noted. Policy RTL 11 does require assessment of the resultant mix of retailhon retail uses. In this case the change of use from a bookmakers to a restaurant and hot food takeaway can be accommodated at this location without detriment to the mix of retailhon-retail uses.

ii) The concern that the proposed development will have a negative impact on the objectors existing hot food takeaway business is noted, however this is not a planning consideration.

iii) The concern regarding the lack of available parking for customers of the restaurant and potential for subsequent on street parking to the detriment of road safety is noted. As outlined in section 8.4 above Transportation have confirmed that insufficient parking is available to service the proposed restaurant. The proposals are therefore likely to have a detrimental impact on road safety at this location. The proposals are contrary to both policies TR 13 and RTL 1 1.

9. Conclusions

9.1 In conclusion it is considered that the proposal is contrary to policies RTL11 (Assessing Applications for Bad Neighbour Development) and TR13 (Assessing the Transport Implications of Development) of the Southern Area Local Plan 2008 and contrary to Policy DSP 3 of the North Lanarkshire Local Plan. The development is likely to adversely affect the road network due to on street parking congestion and is likely to be to the detriment of the overall amenity of the area. On this basis, I recommend that permission be refused for this application.

139

Application No:

11/00505/FUL


Change of use of former Community Hall to Flat Site Address:

79 Mactaggart Road Seafar Cumbernauld G67 IJJ

Date Registered:

6th May 201 1

Applicant: Mr Chris Ross

The Wynd Cumbernauld Village G67 2ST

13-1 5


Ward: 003 Cumbernauld South Danny Carrigan, William Goldie, William Homer, Gerald McElroy

Agent: Kenneth Martin 18 Haddow Street Hamilton ML3 7HX


Representations: Two letters of representation received.



It is considered that the visual impact of the proposal and its impact on the residential amenity of the application site and surrounding area will be acceptable. The potential impact on neighbouring properties is considered to be satisfactory. The proposal complies with the adopted Cumbernauld Local Plan, 1993.

140

Planning Application No.l1/005051FUL

Change of use of former Community Hall (Class 10) to Gwellinghouse (Class 9)

79 Mactaggart Road Seafar Cumbernauld * Representation 141

I : I A ,250 +-


1.

2.

3.

4.



That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 11 -002-GA 002






Backaround Paoers:


Letter from Mrs Catherine Burnett, 79A Mactaggart Road, Seafar, Cumbernauld received 31 st

May 201 1. Letter from Mrs Suzanne Craven, 52 McGregor Road, Seafar, Cumbernauld received 20th May 201 1.


None



Report Date:

6th June 201 1

142


REPORT

1.

1 . 1

1.2

2.

2.1

2.2

2.3

3.

3.1

4.

4.1

4.2

5.

5.1

Site DescriPtion

The property is a former community hall which is owned by North Lanarkshire Council. The community hall closed on 1"ApriI 2009 and has not been unused since. The property is split level and situated within an established residential area. It is surrounded by neighbouring residential properties and located at the end of a terraced block. A hairdresser business occupies the lower floor of the building and is accessed at the lower level from the west elevation.

The change of use application is for the unit which occupies the first floor of the building which is accessed directly at ground level from the east elevation of the property. Properties in the surrounding area utilise communal on-street parking.


The proposal is for the change of use of an existing community hall, which is currently unused, into a flat. The proposed residential property will occupy one floor of the building and the existing hairdresser business will continue to operate on the lower floor.

The former community hall will be converted into a flat comprising a kitchen, dining room, bathroom, lounge and one bedroom. No external works to the property are proposed.

No open space will be included in the sale of the property, as adjacent land comprises paved public space, and therefore the proposed flat will not benefit from any private garden space. An access ramp will be constructed at the entrance of the proposed flat.

Site Historv


Development Plan



Rewesentat ions

Two representations have been received in relation to this application. One is in support of the application on the grounds that the former community hall is currently vacant and it would be preferable for the building to be used. A letter expressing concerns with the proposal has also been received from the owner of the lower floor hairdressing business. The points of concern relate to potential disruption during the refurbishment works, previous damage to the business as a result of a leak at the community hall, concern with the maintenance and insurance of the property and water supply and drainage.

143


6.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

6.2 DeveloDment Plan Cumbernauld Local Plan 7993: Policy HG4 (Residential Amenity) applies in this case and states that proposals should not detract from local residential amenity. It is considered that, for the reasons stated below, the proposal is not contrary to this policy and that it will have an acceptable impact on the residential amenity of the application site and the surrounding area.

Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The development is considered to comply with Policy HCF 1A (Residential Amenity) in the Draft Plan in that it will have an acceptable impact on the residential amenity of the surrounding area.

6.3

6.4 lmpact on Residential Amenity and Surrounding Properties - It is considered that the change of use of the former community hall to a flat will have an acceptable impact on the residential amenity of the area. The community hall no longer operates and therefore the property is of limited amenity value and recreational use. The proposal, accordingly, is considered to be acceptable, bringing an unused building back into use, and will integrate satisfactorily with its predominantly residential surroundings. The potential visual impact of the proposal is considered to be minimal as no significant changes will be made to the exterior of the property. The proposal will not have a detrimental impact on neighbouring properties or the business situated on the lower floor of the building due to the generally passive nature of the competing land uses. In terms of impact, a small residential unit is considered to be less intensive than the established use. It is also noted that it is not uncommon for residential units to be located above shop units. It is not ideal that the property will not benefit from any private garden space however this is not considered to be a reason for a recommendation for refusal given the character of the area and scale of the resultant unit.

6.5 An adequate amount of communal on-street parking exists in the surrounding area and it is considered that an additional one bedroom flat will not place any significant pressures on this provision. The proposal will have no adverse impact on access or on road traffic matters.

6.6 Representations- Two representations have been received in relation to the proposal. One is a letter of support citing a preference for the property to be used rather than lying vacant. The points of objection of the letter expressing concern with the proposal can be summarised as follows:

0 The refurbishment works will cause a disruption to the business on the lower floor of the property.

Comment: It is accepted that building works may bring about a short term inconvenience for neighbouring properties. This is not material to the planning assessment of the new use, however an advisory note is recommended for any decision notice, recommending good practice.

Major damage has already been caused to the business on the lower floor due to a leak in the former community hall.

Comment: This comment is not considered to be relevant to the planning application.

144

0 The owner of the downstairs business seeks assurances that the proposed flat will be properly maintained and insured.

Comment: This is not a material planning consideration and is a matter between the owner of the business and any future resident of the proposed flat.

0 Further information is requested regarding the redevelopment of communal property.

Comment: No redevelopment of communal property is being proposed as part of the application.

0 Concerns are raised with water supply and drainage which may affect the downstairs hairdresser.

Comment: This is not a material planning consideration and is instead a matter for Building Standards.

7. Conclusions

7.1 It is considered that the proposed change of use will not have an unacceptable impact on the residential amenity of the general area. The property, at present, has limited use and amenity value as a disused community hall. The property is within an established residential area in Seafar and therefore the proposed use a flat is considered to be acceptable.

7.2 The lack of private amenity ground associated with the proposed flat is not considered to be ideal. However, as the Council’s adopted standards would only require a minimum of 20 square metres of amenity space, the lack of garden space in this instance is considered to be acceptable. The proposal will not have an adverse impact on parking provision in the area as it is replacing a previous more intensive use.

7.2 Having taken account of all relevant matters it is considered that the proposal is acceptable both for the application site and for the general area. The proposal complies with Local Plan policy. It is recommended that planning permission be granted for the change of use from a former community hall to a dwellinghouse at 79 MacTaggart Road, Cumbernauld.

145

Application No:

1 1 /00520/FUL


Change of Use from Open Space to Private Garden Ground Enclosed by 1 Metre High Fence Site Address:

11 Harvey Way Shirrel Bellshill ML4 1TF

Date Registered:

9th May 201 1

Applicant: Mrs Melanie Blair 11 Harvey Way Shirrel Bellshill ML4 1TF Application Level: Local Application

Agent: N/A


Ward: Representations: 01 4 Bellshill Harry Curran, Richard Lyle, Harry McGuigan,

0 letter(s) of representation received.


Reasoned Justification: The proposed development meets the criteria set out in the relevant policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. The proposed development is acceptable in terms of its impact upon the wider residential area and the road network.

146

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SIMPSON WAY

1: 1,250

This map is reproduced from Ordnance Survey matem wth the psrmssion of Ordnance Survey on behalf 04 the Controller of Her MaFsVs Statmery Office 0 Crown mpyright Unauthorised reproductlon infringes C m copyright and may lead to prosec~on or civil proceedings Nwth Lanarkshire Counal lWT)z3396 2008

Produced by North Lanarkshire Council Planning and Environment Department,

rwire coundl

fax 01698 403053 telOl698 27427

PLANNING APPLICATION 11/0052O/FUL

Change of Use from Open Space to Private Garden Ground Enclosed by 1 Metre High Fence

11 Harvey Way, Shirrel, Bellshill Si$e ,ar,ea = 0.03


1.

2.

3.

4.

5.

6.



That except for the requirements of conditions (5) and (6) below the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority.




That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

That notwithstanding the details shown on the approved plans, unless otherwise agreed in writing by the Planning Authority, the boundary fence hereby permitted shall not encroach upon the visibility splay of 4.5 metres by 60 metres at the junction of Harvey Way which is shown hatched GREEN on the approved plan.

Reason: In order to maintain adequate visibility at the adjacent road junction.

That a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be maintained at the junction of Harvey Way and nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within the sight line area hatched GREEN where it falls within the application site boundary.

Reason: In the interests of road safety.

148

Backa round Papers:

Representation Letters None


Email from Transportation dated 2"d June 201 1


Any person wishing to inspect these documents should contact Ms Suzanne Cusick at 01698 2741 02

Report Date:

2ndJune2011

149

APPLICATION NO: 11/00520/FUL

REPORT

1.

1 . I

2.

2.1

2.2

3.

3.1

4.

4.1

5.

5.1

5.2

5.3

6.

6.1

7.

7.1

8.

8.1

Site Description

The application site is an area of grassed open space to the south of 11 Harvey Way. The site measures approximately 164 square metres and there is a gentle slope downward on both north-south and east-west courses. The site adjoins the gable of a terraced block of dwellings and occupies a corner position. It forms part of a wider staggered open space corridor arranged around a ‘Radburn’ style layout. The land is currently under the ownership of North Lanarkshire Council.


It is proposed to incorporate the land into the garden ground of 11 Harvey Way. The applicant proposes to erect a 1 metre high fence along the rear of the site, along the southern boundary of the site abutting Harvey Way up to a point level with the front elevation of the applicant‘s house and across the site to the side of the house. The western portion of the site where it adjoins the front garden of 11 Harvey Way will remain open.

It is noted that a similar development has been completed at 32 Napier Place, opposite the site to the south-east which also occupies a corner position. In addition, there is a 1 metre high fence enclosing the entire front garden of 13 Harvey Way directly adjacent to the east.

Applicant’s Sutmortina Information

None

Site History

No previous applications.

Development Plan


The site is zoned as HSG7 (Established Housing Areas) in the Southern Area Local Plan.

The site is zoned as HCF 1A (Residential Amenity) in the Finalised Draft North Lanarkshire Local Plan.

Consultations

Transportation have advised that the proposed fence would interfere with the 4.5 by 60 metres visibility splay at the junction of Harvey Way.

Representations

No letters of representation were received.

Plannina Assessment

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. The proposal raises no strategic

150

issues and, as such requires to be assessed against the Local Plan Policies. In this instance the Southern Area Local Plan 2008 is relevant, with the site being zoned as HSG7 (Established Housing Areas), Policy TR13 is also relevant. Policy HSG 7 seeks to protect the character and amenity of housing areas by opposing development that would be incompatible within a residential setting. It is considered that the use of the land as garden ground is in principle compatible with a residential setting. In this instance it is considered that the amenity of the site and wider open space corridor will be acceptably maintained as the land is not of any significant landscape quality and will only be bounded by a 1 metre high fence. Open views will still be gained along the streetscape. Lastly, the open space is not used for passive leisure and therefore no detriment will be felt by its loss in this regard. As such, the proposals are held to comply with policy HSG7.

8.2 Policy TR!3 requires assessment of development in terms of impact upon road safety. In this case the site lies at the junction of two public roads on a slight incline. Transportation has advise that the proposed fence would affect the visibility splay at this junction. A condition is therefore proposed to limit the extent of the boundary fence so that it will not adversely impact upon driver visibility.

8.3 With regard to the Finalised Draft North Lanarkshire Local Plan (FDNLLP), the application site is zoned as Policy HCF 1A (Residential Amenity, however the policy position remains substantially unaltered from the adopted local plan.

9. Conclusions

9.1 The proposed development meets the criteria set out in the relevant policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. The proposed development is acceptable in terms of its impact upon the wider residential area and the road network.

151

Documents

North La na rks hire Council · 2015-01-09 · Proposed Conditions:- 1. That the permission hereby granted is for a temporary period only and shall expire on 22nd June 2016; the building