North Lanarkshire Council · 2018. 6. 6. · Motherwell Refuse 18/00002/MSC Persimmon Homes North Scotland /Hallam Land Management Construction of 62 dwellings and Associated Works,

North Lanarkshire

Council

Planning Applications for consideration of Planning Sub-Committee

Committee Date: 13-06-2018

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

APPLICATIONS FOR PLANNING SUB-COMMITTEE

13th June 2018

Page No Application No

Applicant Development/Site Recommendation

17/00389/PPP Advance

Construction

Scotland

Residential Development

Including Public Open

Space, Roads and

Drainage Infrastructure

(Permission in Principle)

Springhill Farm

Springhill Road

Stane

Shotts

ML7 5DP

Refuse (P)

17/01586/FUL Springfield

Properties

Erection of 100 Houses,

Formation of Access and

Associated Works

Paxtane Farm

Edinburgh Road

Eastfield

Harthill

ML7 5TF

Grant (P)

17/02066/FUL Mr James

Cunnington

Class 3 Unit (Food and

drink) with Ancillary Drive-

Thru and Takeaway, and

Associated Parking and

Landscaping Works

Site To East Of 494

Windmillhill Street

Motherwell

Refuse

18/00002/MSC Persimmon

Homes North

Scotland

/Hallam Land

Management

Construction of 62

dwellings and Associated

Works, Roads and SUDS

(Approval of Matters

Specified in Conditions for

Planning Permission Ref.

13/01062/PPP)

Site Off

Gartferry Road

Moodiesburn

Grant (P)

18/00054/FUL GHSL Ltd Temporary Siting of 6

Storage Containers

224 Cumbernauld Road

Chryston

G69 9NB

Grant

https://eplanning.northlanarkshire.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=OMG6WUBALVE00

https://eplanning.northlanarkshire.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=OWH89OBAHJD00

https://eplanning.northlanarkshire.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=P15FN2BAJ2Y00

https://eplanning.northlanarkshire.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=P1Z1JTBAJ8100

https://eplanning.northlanarkshire.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=P2BVHQBAJEW00

18/00358/FUL Limitless

Fitness And

Martial Arts

Change of Use from

Storage (Class 6) to Gym

(Class 11)

46 - 50 Tannoch Drive

Lenziemill

Cumbernauld

G67 2XX

Grant

18/00442/FUL

18/00498/FUL

Butler Mason

Limited On

Behalf Of B&Q

Properties Ltd

Persimmon

Homes North

Scotland

Change of Use from

Class 1 (Retail) to Class 4

(Business) and Class 6

(Storage and Distribution)

B & Q Plc

2 - 6 Newhut Road

Braidhurst Industrial

Estate

Motherwell

ML1 3ST

Residential Development

of 122 Dwellinghouses

with Parking and Amenity

Space

Land At

Strath Brennig Road

Smithstone

Cumbernauld

Grant

Grant

Grant

18/00569/FUL Mrs Debra

Craig

Change of Use to

Daycare Facility for Dogs

7 Tannoch Place

Lenziemill

Cumbernauld

G67 2XU

Grant

18/00690/FUL MGB Services

Ltd

Change of Use from

Residential to Office

39 Southburn Road

Airdrie

ML6 9AD

Grant

(P) 17/00389/PPP If minded to Grant, decision cannot be issued until Section 75 is concluded in relation to Education contribution. 17/01586/FUL If minded to Grant, decision cannot be issued until Section 75 is concluded in relation

to Education contribution.

18/00002/MSC If minded to Grant, decision cannot be issued until Section 75 is concluded in relation to Education, Affordable Housing and Play Provision contributions.

https://eplanning.northlanarkshire.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=P5GU6GBAKIL00

https://eplanning.northlanarkshire.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=P5W6XLBAKPS00

https://eplanning.northlanarkshire.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=P6NW9SBAKYL00

https://eplanning.northlanarkshire.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=P79KQJBAL7M00

https://eplanning.northlanarkshire.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=P8CGPCBALOB00

Application No: 17/00389/PPP

Proposed Development: Residential Development Including Public Open Space, Roads and Drainage Infrastructure (Permission in Principle)

Site Address: Springhill Farm Springhill Road Stane Shotts ML7 5DP

Date Registered: 1st May 2017

Applicant: Advance Construction Scotland Caldergrove House 4 Linnet Way Strathclyde Business Park Bellshill Scotland ML4 3RA

Agent: EMA Architecture + Design Limited 42 Charlotte Square Edinburgh Scotland EH2 4HQ

Application Level: Major Application

Contrary to Development Plan: Yes

Ward: 13 Fortissat Thomas Cochrane, Martin McCulloch, Kenneth Stevenson, Clare Quigley

Representations: 6 letters of representation received.

Recommendation: Refuse Reasoned Justification:

The proposed development is contrary to the Development Plan (Clydeplan Strategic Development Plan 2017 and North Lanarkshire Local Plan 2012) as it collectively fails to meet the Easy to Move Around quality of Placemaking as the site is poorly served by public transport and has constrained ability to support active travel; would result in the loss of the open landscape character and sense of place and identity at the settlement boundary and constitutes an unacceptable scale and form of development not supported by the Development Plan at this location; and it has not been demonstrated that a need exists for housing at this location.

Legal Agreement: If minded to grant, planning permission should not be issued until the developer has completed a Section 75 Agreement with the Planning Authority to secure the appropriate level of financial contribution to education provision.

Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396.

Planning Application: 17/00389/PPP Name (of applicant): Advance Construction Scotland Site Address: Springhill Farm, Springhill Road, Stane, Shotts, ML7 5DP Development: Residential Development Including Public Open Space, Roads and Drainage Infrastructure (Permission in Principle)

Recommendation: Refuse for the Following Reasons:-

1. The application site is primarily zoned as Rural Investment Area on the adopted North Lanarkshire Local Plan which does not support development of this scale at this location and is therefore contrary to policy NBE 3B (Rural Investment Area).

2. The proposed development conflicts with policies DSP1 (Amount of Development), criterion 3a of DSP4 (Quality of Development), and NBE 3B (Rural Investment Area) of the North Lanarkshire Local Plan as it is considered that residential development of this site would result in urban development beyond the existing settlement boundary giving rise to an irreversible adverse visual impact on the open rural character associated with the site and sense of the place’s role and function at the settlement boundary.

3. The proposed development is contrary to Policy 8: Housing Land Requirement; and does not meet the criteria for Sustainable Location Assessment (as contained within Diagram 10) of the Clydeplan Strategic Development Plan 2017, and conflicts with Policy DSP1 (Amount of Development) of the North Lanarkshire Local Plan. There is no shortfall of housing within the Council area or the Motherwell sub-market housing area.

4. The proposed development is contrary to the Sustainability and Placemaking policies of Scottish Planning Policy (SPP), fails to meet the Easy to Move Around quality of Placemaking contained in Policy 1 of the Clydeplan Strategic Development Plan 2017 and is contrary to Policies DSP 2 (Location of Development) and criterion 3b of DSP 4 (Quality of Development) of the North Lanarkshire Local Plan, as it has not been demonstrated that the proposed development would encourage a modal shift away from private car use. The site is located in excess of maximum walking standards for public transport and some catchment schools collectively thereby likely placing heavy reliance upon car based trips.

Background Papers: Consultation Responses: Letters from The Coal Authority received 2nd June 2017, 21st June 2017, and 15th August 2017 Letters from Scottish Power received 8th May 2017 Letters from Scottish Environment Protection Agency received 5th July 2017 and 6th December 2017 Letter from Scottish Water received 18th December 2017 Letter from West Lothian Council received 1st December 2017 Memos from Transportation received 6th July 2017, 12th October 2017, and 16th March 2018 Memos from Protective Services received 22nd May 2017, 25th May 2017, 8th June 2017, 22nd June 2017, 11th August 2017, 29th August 2017, 4th September 2017, 4th October 2017, 13th December 2017, 14th February 2018, and 21st March 2018 Memos from Greenspace received 30th May 2017, 29th June 2017, 1st September 2017, and 26th October 2017 Memos from Education received 4th May 2017 and 31st May 2018 Contact Information: Any person wishing to inspect these documents should contact Mrs Joanne Delaney at 01236 632500. Report Date: 31st May 2018

APPLICATION NO. 17/00389/PPP

REPORT 1. Site Description 1.1 The site extends to some 18 hectares and takes an irregular wedge shape located adjacent to

the south eastern edge of Shotts off Springhill and Leadloch Road. The site largely consists of non-productive agricultural land with some semi-mature trees and bushes located throughout. The site is also subject of varying topography with over 20 metres difference in level between the highest and lowest points of the site. A ditch exists along the north boundary before entering a culvert. A derelict farm steading previously existed abutting the north edge of Springhill & Leadloch Road but has since been demolished. Local authority housing exists west of the site, otherwise it is entirely adjoined by open countryside. An area within the northern part of the site just east of the former farm steading, was the basis of unauthorised landfill activities in recent years, whilst an area within the southern part has also been the basis of unauthorised importation of materials discussed below in section 4.1.

2. Proposed Development 2.1 Whilst permission is sought in principle only, the applicant has provided an indicative layout to

aid discussions which details up to 350 homes of all house-types from flats, terraced, semis, to detached houses using designing streets principles. Houses are to be two storeys high, and with the exception of the flats, will offer 3 or 4 bedroom accommodation. The site falls into two distinct areas split by Springhill and Leadloch Road roughly in the centre, where access to both will be achieved via a new roundabout, whilst a secondary point of access will also be provided for the northern section via a junction arrangement. The developed areas are to adopt a largely grid-like layout with areas of public open space located throughout with pedestrian linkages to the wider countryside. It is proposed to form a blanket woodland screen along the eastern edge, and north-east and north-west corners to define the edge of the proposed extended settlement boundary.

3. Applicant’s Supporting Information 3.1 The applicant submitted supporting information in respect of the following:-

Pre-application consultation report;

Design and access statement;

Transport assessment;

Tree survey;

Landscape strategy

Ecology report;

Flooding and drainage assessments;

Air quality assessment;

Site investigation;

Coal Mining Risk Assessment;

Planning statement; and

Shotts Housing Market Assessment. 3.2 The Pre-Application Consultation report summarised the public exhibition which was held on

3rd November 2016 at the Springhill Community Centre and publicised the event in the Wishaw Press beforehand.

3.3 The Planning Statement and Shotts Housing Market Assessment provides the applicant’s

justification as to why residential development is acceptable at this location and is summarised as follows:

3.4 Planning Statement

The applicant is of the view that: while the Council is currently maintaining a 5 year effective housing land supply, there has been stagnation in the Shotts area with limited housing development;

The housing site approved in 2007 has only delivered a small number of new houses over the 10 year period and there is very little new development proposed resulting in a net exodus of people from the area which is at odds with the Scottish Government’s vision for sustainable development based around existing communities;

Approval of this development of around 350 homes, some of which may be affordable, would help to maintain an effective housing land supply as the site is immediately effective with construction of houses potentially commencing in early 2018;

The site is in a sustainable location, and assessments prepared in support of the application confirm that the scale of development will not adversely impact infrastructure, landscape setting, the residential amenity of Shotts, and will accord with the Green Belt and Rural Investment Land objectives; and

The proposal forms an attractive, appropriate and logical extension to the neighbourhood and provides a more natural boundary with the formation of a woodland buffer to the eastern boundary.

3.5 Shotts Housing Market Assessment In assessing the local housing market, the applicant’s report examined: socio-economic and

demographic context, economic context and drivers for housing demand, private sector housing demand considerations, and private sector housing supply considerations. The conclusions reached in the assessment support the application for further residential development due to:

a) Average house prices in Shotts are lower than surrounding areas but continue to rise

compared with NLC’s reduction overall over the period 2013-2018; b) A declining supply of houses for sale to the market to 2016; c) The length of time property in Shotts has remained for sale has declined significantly in

2013-2018 with swifter sales indicating buoyant market conditions; and d) There is a view locally that with rail service improvements enhancing accessibility, Shotts

will be a more attractive place to live with greater housing demand, that more new houses will lead to greater critical mass of population leading to improvement/expansion in local services and facilities; and that the current private housing market in Shotts is buoyant with supply generally being in balance with demand.

4. Site History 4.1 The site has previously been subject of two applications, the first related to the now

demolished farmsteading: 06/02050/FUL Alterations to Dwellinghouse, Conversion of Farm Steading to form 3 Dwellinghouses, granted 6th September 2007 and now lapsed; the second related to a larger site than that detailed in this application on the southern side of Springhill and Leadloch Road: 15/00613/FUL Equestrian Centre Including Stables, Land Engineering Works (Importation of Material) and Formation of Associated Access. This application was refused on 10th December 2015 as the applicant failed to demonstrate a specific locational need for the landfill and engineering works at this location and it was considered that these works would result in an unacceptable significant adverse impact on neighbouring residential properties as a result of the disturbance associated with these operations. The decision was not appealed.

5. Development Plan 5.1 The application proposes a strategic scale of development in light of it comprising Greenfield

Housing of indicatively greater than 10 units outwith the Community Growth Areas or sites outwith those identified in LDPs and therefore must be considered under the relevant terms of the Clydeplan Strategic Development Plan 2017.

5.2 The majority of the site is zoned as NBE 3B (Rural Investment Area) on the adopted North

Lanarkshire Local Plan (NLLP) 2012, whilst the footprint of the former farm steading is zoned as HCF 2 A1 (Sites for (Short Term) Housing Development) in light of its historic consent (now lapsed) for residential conversion.

6. Consultations 6.1 Scottish Power objected to the proposals as the effect on their apparatus had not been

determined. 6.2 The Coal Authority were satisfied that suitable conditions could be imposed to secure

remediation of the recorded mine entries and shallow workings within the site, and zone of influence from an off-site mine entry.

6.3 SEPA advised that they agree with the methodology used in assessing risk and the mitigation

measures proposed. They also requested that if minded to grant, that a condition be imposed requiring the undertaking of a feasibility study into the potential for establishing an on-site district heating network.

6.4 Scottish Water noted that sufficient capacity exists at the water treatment works, however,

they were unable to confirm capacity at the waste water treatment works. They noted the developer should submit more information to allow their asset planners to clarify the position in this respect.

6.5 West Lothian Council raised no concerns in respect of the proposals. 6.6 NLC Education noted that Stane Primary school is currently operating at capacity and would

not be able to accommodate the anticipated increased school roll arising from this development. In addition, taking account of known housing in the housing land supply and the local development plan, it is expected that all education provision in the area is likely to experience capacity issues in the future. They confirmed that further assessment would be required to address capacity issues at Stane Primary and considered there are two options to explore: an extension to the existing school requiring a developer contribution of £460,357.28, or if it is not possible to extend onto the existing campus, it is likely that a new build primary school would be required with a contribution of £1,298,092.12. These costs are proportionate to the indicative development of 350 houses.

6.7 NLC Greenspace were satisfied that badgers which may potentially use the site would be

adequately protected by carrying out pre-start checks and advised that an updated report covering all protected species would be required after a year of the original report. They welcomed the indicative landscaping and path integration network proposed but considered that further planting and connections could be made with existing rights of way and well used desire lines.

6.8 NLC Protective Services confirmed they were satisfied with the results of the air quality impact

assessment which concluded that no significant adverse effects would arise in this respect as a result of the proposals. Having reviewed the extent of site investigation information to date including direct attention to the area subject of historical dumping of waste, they advised that they would be content to accept the imposition of planning conditions to secure the outstanding information and remediation report in the event the application was granted.

6.9 NLC Transportation commented on the findings of the Transport Assessment and noted that

the road network should cope with the likely increased traffic resulting from the development. Nevertheless, Transportation noted that visibility at the junctions of the A71 with Springhill and Leadloch Road, and with Stane Road were sub-standard, and that additionally a number of accidents have occurred on these roads, albeit not within close proximity of the proposed development access. The applicant undertook a Road Safety Review recommending improvements at the Springhill and Leadloch Road (which becomes Headlesscross Road) junction with the A71 such as re-surfacing and vegetation removal to make the road network

safer and Transportation advised these could be dealt with by planning condition if the application is approved. They accepted that roundabout access to the site is reasonable but would require full design details (including vehicle tracking, stopping sight distance (SSD), connecting road sections widened with footway provision along its length etc.) at the MSC stage to assess compliance with guidelines if the application is granted. In order to meet the SSD requirement, it is proposed to extend the 30 mph speed limit approximately 50-100 metres to the site extents however, as Springhill and Leadloch Road is a classified route (B715), the reduction in speed can only be facilitated through the promotion of a Traffic Regulation Order (TRO), the outcome of which cannot be guaranteed as it is subject to statutory processes and consultation which allow for objection. Other detailed matters relating to Street Engineering Review, parking standards etc. would also be required at the MSC stage. At this stage however, they noted that the maximum recommended walking distances to rail services and schools (with the exception of Stane Primary and Caldervale High School) cannot be met. In addition, whilst there are bus stops within 100 metres of the site access, once built out, distances from the northern and southern extents to the nearest bus stop are likely to be in excess of 800 metres thereby conflicting with the recommended maximum walking distance of 400 metres, and they suggest that consideration should be given to bus provision within the site.

7. Representations 7.1 Following neighbour notification and the press advertisement, six representations were

received, five from local residents, and one from local Councillor Thomas Cochrane. Councillor Cochrane and three other parties supported the development, whilst one party objected, and the other party remained neutral.

7.2 In terms of objection, the following concerns were raised:-

a) The development does not accord with the Development Plan zoning and would constitute another injustice to the residents;

b) The current infrastructure and facilities cannot cope with the additional traffic generated by the development; and

c) Historically, dumping of waste materials has occurred on the site. 7.3 In terms of support for the proposals, the following comments were made:-

a) Councillor Cochrane noted that whilst the proposals did not accord with the Development Plan zoning, the development should be granted on this occasion. He noted the contraction in population within Shotts which has had an adverse effect on local services, with some shops and banks closing as well as council services being removed, He wishes to see regeneration of the town centre and has been in contact with a national retailer but they have advised that the current population is not large enough to support their organisation having an outlet in the town. He considers that the development of potentially 350 houses would contribute towards stimulating the local economy alongside other recent beneficial developments such as electrification of the Shotts railway line and improvements to the M8 making commuting to Glasgow and Edinburgh easier, whilst the A71 offers alternative access to Edinburgh and Livingston. With West Lothian almost at saturation point in terms of development, he considers it an ideal time for the Fortissat ward to reap some benefits with larger developments migrating towards this area. He wishes Shotts to become the Market town of the Fortissat community. This will not be achieved via recent smaller developments of 10 or so houses, instead major developments like this proposal are required. He has recently had a 50mph speed limit implemented on the A71 and endorses the applicant’s willingness to address more safety measures at the Headless Cross junction. In addition, Caldervale High School is operating well under capacity, additional population can only be of benefit. Refusal of the proposals would only send a negative message to developers looking to invest in the Fortissat ward; and b) Three local residents also commented in support of the development noting that the site is an eyesore, is victim of poor drainage and fly tipping, where fencing is in disrepair, and consider that residential development would improve the appearance of the area, increase the population and in turn support local shops, schools, and attract investors, and would provide a good mix of housing.

7.4 In terms of the neutral party, they confirmed they had no objection to the residential

development provided a percentage of the units are available for rent to the Springhill population. However, they advised that in respect of the cemetery extension proposals to the rear of their property, that provided there was a buffer area with suitable screening separating properties from the extended cemetery, they would have no objection. If these requirements were not met, they would object.

7.5 The applicant has requested that a hearing be held to enable them to present the merits of

the development prior to a decision being made. It is noted that Committee approved new procedures on such matters at their meeting of 22nd February 2018.

8. Planning 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.

8.2 The Development Plan consists of the Clydeplan Strategic Development Plan 2017 and the North Lanarkshire Local Plan 2012. The application is of strategic significance due to it comprising Greenfield Housing of indicatively greater than 10 units outwith the Community Growth Areas or sites outwith those identified in LDPs.

Clydeplan Strategic Development Plan 2017 (SDP).

8.3 SDP Policy 1 ‘Placemaking’ states that new developments should contribute towards the creation of high quality places across the city region. In support of the Vision and Spatial Development Strategy, new development proposals should take account of the Placemaking Principle set out in Table 1, which provides a range of criteria under the six qualities of a place set out in ‘Creating Places 2013’ and ‘Place Standard for Scotland 2015’ as being Distinctive, Safe and Pleasant, Easy to Move Around, Welcoming, Adaptable, and Resource Efficient.

8.4 It is considered that the development has the potential to meet the requirements of

Placemaking policy as follows:

Safe and Pleasant - this quality requires developments to maintain or improve air quality. Protective Services accepted the related assessment conclusions that the impact of the development on air quality would be negligible;

Distinctive/Welcoming - these qualities require developments to reflect local character and strengthen community identity. Whilst no credence is given to the site layout at this PPP stage, it is nevertheless noted that the indicative design complements the existing pattern of housing development directly west in terms of the grid-like format and scale and type of housing proposed in compliance with these qualities. Had the application been recommended for approval, suitable conditions could have been attached to ensure the detailed aspects of the internal development in terms of layout, density, building design, open space, footpath connection, play requirements, and amenity planting, met suitable standards in compliance with these qualities;

Adaptable - this quality requires developments to contribute towards the delivery of the Glasgow and the Clyde Valley Green Network. (GCVGN). With existing planting and additional planting proposed by the applicant, it is considered that significant opportunity exists to improve the network of greenspace/landscaping which could suitably be secured by planning conditions had it been recommended to approve the proposals; and

Resource Efficient – this quality requires developments to optimise existing infrastructure. The applicant has agreed to enter into a Section 75 agreement with the Council in the event that the application is granted to address the proportionate impact of the development on the catchment schools. Submission of a detailed scheme of improvements to the A71 junction with Headlesscross Road could be suitably secured by condition.

8.5 However, the proposals are considered to contravene the Easy to Move Around quality which supports developments concentrated along transport corridors in close proximity to public transport stops. Whilst there are bus stops within 100 metres of the site access, once built out, distances from the northern and southern extents to the nearest bus stop are likely to be in excess of 800 metres thereby conflicting with the recommended maximum walking distance of 400 metres. Transportation suggest that the applicant should consider providing bus penetration, including the provision of the associated infrastructure internal to the site. Had it been recommended to grant the application, this could be suitably secured by condition. However of even greater concern is the distance to rail services with Shotts station being the nearest at 2000 metres away whilst the recommended distance is 800 metres. In addition, of the 4 catchment schools (Stane Primary School, St Patrick’s Primary School, Caldervale High School, and St Aidan’s High School), only Stane Primary School and Caldervale High School fall within the recommended walking distances of 1600 and 3200 metres respectively, given their location 1300 metres and 2650 metres away. St Patrick’s Primary School and St Aidan’s High School are located out with the recommended maximum walking distance at 2100 and 11200 metres away respectively. These distances are measured from the site access, and would therefore increase depending on specific areas of residence within the completed development, with the exception of St Patrick’s Primary School where the shortest walking distance is recorded. However due to some lengths of footway on Stane Road measuring less than the recommended width, the most suitable route is 2300 metres away. There is therefore likely to be heavy reliance upon car usage. On this basis, the proposals are considered to conflict with the Easy to Move Around quality of place under Policy 1.

8.6 SDP Policy 8, Housing Land Requirement provides the policy mechanism to allow for the

early release of land in advance of the adoption of the emerging local development plan (LDP) in order to contribute to the five year effective housing land supply. It notes that local authorities should take steps to remedy any shortfalls in the five-year supply of effective housing land through the granting of planning permission for housing developments on greenfield or brownfield sites, subject to satisfying each of five criteria. Where there is deemed to be insufficient land in the supply, this is a factor in considering planning applications for new sites for building houses that do not benefit from being identified for such development in the Development Plan. This position has been adopted by Reporters in recent appeal decisions in North Lanarkshire resulting in a number of successful appeals. Using the most up to date draft Housing Land Audit that position is no longer the case as there is sufficient effective land in the supply to allow house builders to meet their commitments. At the Planning Sub-Committee of the 25th January 2018, members were advised on the process of identifying how much land for housing is required in North Lanarkshire and agreed with the recommendation that the current housing land supply within North Lanarkshire is sufficient. Therefore, notwithstanding the information contained in the applicant’s Planning Statements and Housing Marketing Assessments, the Council considers that there is no shortage in housing land supply within the Council area or this particular sub-market housing area when considered against the requirements of SPP and SDP. In light of the concerns raised under Policy 1 above, the Council contends that even if additional housing sites are required to meet a perceived shortfall, they are best met in other parts of the sub-market housing area rather than being directed to this site. An assessment of the development against the five criteria is as follows;- - The development will help to remedy the shortfall which has been identified: There is no

shortfall in housing land supply within the Council area or this particular sub-market housing area;

- The development will contribute to sustainable development: The site is not considered to be sustainable in terms of its location where most accessible recommended standards for walking cannot be met with heavy reliance likely to be upon car based trips;

- The development will be in keeping with the character of the settlement and the local area: Conditions could be attached to ensure housing density and design reflected local character, however, inclusion of a large scale housing development at this location would reduce the over-arching positive contribution its open landscape nature makes to the character of the local area and definition of the settlement boundary;

- The development will not undermine green belt objectives: Whilst the site is not zoned green belt, its attributes define it as Greenfield and the development represents a large scale reduction of the open countryside not supported by the Development Plan at this

location; and - That any additional infrastructure required as a result of the development is either

committed or to be funded by the developer: The applicant has confirmed willingness to enter into a Section 75 legal agreement to address the necessary proportionate education provision for schools within the catchment area, whilst junction improvements can be secured via conditions thereby complying with this criteria. The development fails four of the five criteria and therefore contravenes Policy 8.

8.7 The purpose of Diagram 10 ‘Assessment of Development Proposals’ is to aid consistent

application and implementation of the SDP and is to be used by Local Authorities when assessing strategic scale development proposals to determine whether they comply with the policies, schedules, and diagrams of the SDP. Diagram 10: Box 1 poses the question “Does the development proposal support the Vision, Spatial Development Strategy and the Placemaking Policy including having regard to the Glasgow City Centre Joint Strategic Commitment?” Taking account of the preceding paragraphs 8.3-8.6 it is considered that the development does not accord with the SDP. Diagram 10: Box 2 covers departures from the SDP and requires any development to comply with a range of 7 criteria and any other material considerations. An assessment of the development against the seven criteria is as follows;- - makes a significant contribution to sustainable development particularly through enabling

shift to sustainable travel modes and the contribution to carbon reduction: As noted above, the site is not considered to be sustainable as most accessible recommended standards for walking cannot be met with heavy reliance likely to be upon car based trips;

- provides significant net economic benefit including the need to accommodate inward investment that would otherwise be lost to the city region or Scotland: The indicative scale of development is not significant in terms of its economic benefit and there are sufficient development sites for housing in the city region to allow this investment to take place; - responds to economic issues, challenges and opportunities, including the protection of jobs or the creation of a significant number of net additional permanent jobs to the city region: Other than jobs during construction, the development does not provide for or protect jobs; - Meets a specific locational need: There is no shortfall in housing land supply in the Council area or the local sub market housing area; - protects, enhances and promotes natural and cultural heritage including green infrastructure, ,landscape and the wider environment: The development represents an urban development in a natural landscape; - improves health and well being by offering opportunities for social interaction and physical activity, including sport and recreation: The development has the potential capacity to support this criteria; and - supports the provision of digital connectivity in new developments and rural areas: The development has the potential capacity to support this criteria. The development fails five of the seven criteria and is therefore considered an unacceptable departure from the SDP on the basis of these criteria. ‘Any other material considerations’ are considered below under paragraphs 9.1-9.4.

North Lanarkshire Local Plan 2012 (NLLP):

8.8 The majority of the site is zoned as NBE 3B (Rural Investment Area) on the adopted North

Lanarkshire Local Plan (NLLP) 2012, whilst the footprint of the former farm steading is zoned as HCF 2 A1 (Sites for (Short Term) Housing Development) in light of its historic consent (now lapsed) for residential conversion. Policies NBE 1A6 (Protecting the Natural and Built Environment (Protected Species)), DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development), and DSP 4 (Quality of Development), as well as Supplementary Planning Guidance (SPG) 01 (Landscaping), 02 (Trees and Development), 08 (Assessing Development in the Rural Investment Area), 09 (Flooding and Drainage), and 20 (Biodiversity) are also relevant to the consideration of the proposals.

8.9 Policy NBE 3B (Assessing Development in the Rural Investment Area) notes that acceptable

types of development in such locations comprise those which would be considered acceptable in the Green Belt (e.g. necessary for agriculture, forestry, horticulture,

telecommunications, renewables or appropriate outdoor recreation), business, industry or tourism up to 1,000 square metres gross floorspace demonstrating economic benefit, or up to 4 housing units. In terms of up to 4 housing units, proposals are assessed against impact criteria including among other matters, the requirement to enhance an existing cluster of development and be acceptable in term of design, scale, access, and countryside recreation. Related SPG 08 provides clarity on what constitutes a building cluster and actually highlights the area of the former farm steading as an example of a recognised building cluster. However, as noted above, this steading has since been demolished and there is no longer a building cluster to which a development of 4 units could be accommodated. In addition, the proposals in any case seek a large scale residential development of up to 350 houses thereby contravening this policy.

8.10 Furthermore, the application site and surrounding land stretching for miles, present a natural

character and appearance of green fields with semi and mature planting which provide a clear distinction of departure from the urban area to the wider countryside and therefore play an important role in providing a sense of place at the settlement boundary and indeed the Council boundary with West Lothian nearby to the east. Whilst the applicant proposes further structural planting along the eastern and north-east and north-west boundaries in an attempt to provide a strong boundary to their proposed extended settlement edge, this planting would take time to mature and in the intervening period, the development would be readily visible on approach from the east and west representing a significant adverse scale and form of development within the open countryside. Further extensions to the settlement would be difficult to resist if continued to be argued as acceptable on the basis of additional planting at the boundary with the resultant potential for the settlement of Shotts to incrementally creep towards the Council boundary with West Lothian. As such, the development is considered to contravene policy NBE 3B and SPG 08.

8.11 In addition to being recognised as a building cluster, the site of the former steading also

benefits from being zoned under Policy HCF 2 A1 (Sites for (Short Term) Housing Development) in light of the historic permission (now lapsed) for residential conversion. Whilst the steading no longer exists, this small part of the site continues to benefit from a housing allocation and were development to be restricted to this sole area, it may be acceptable in principle under this policy subject to meeting the requirements of other relevant policies.

8.12 Policy DSP 1 ‘Amount of Development’ is relevant, with specific reference to Criterion B:

Potential Additions to Planned Land Supplies. Additions to housing land supplies greater than certain thresholds outside identified sites require to be justified by demand assessments. The Council are of the view that there is not a housing shortfall within the Council area or the Motherwell sub-market housing area, and it is the Council’s contention that there are sustainable development sites within the sub-market housing area which can meet any perceived shortfall in supply. The development therefore fails to comply with this policy.

8.13 Policy DSP 2 ‘Location of Development’ requires that proposals support the hierarchy of

walking /cycling/public transport/private transport. As discussed above under the SDP assessment, opportunities to support the accessibility hierarchy are constrained due to most walking distances being in excess of recommended maximums for access to public transport and schools. In these respects, the proposals fail to comply with policy DSP 2.

8.14 Policy DSP 3 (Impact of Development), requires developers to meet or contribute to the cost

of providing or improving community facilities or infrastructure as a result of the additional demands arising from the proposals on its own or in conjunction with existing developments. In this instance infrastructure upgrades identified were in respect of developer contribution for education provision and this will be addressed by a Section 75 agreement, whilst improvements to the junction of Headlesscross Road with the A71 to make the road network safer could be secured via conditions if the application is approved. The proposed development therefore accords with Policy DSP 3.

8.15 Policy DSP 4 (Quality of Development), considers development specific impacts in terms of

existing site attributes, and provides a range of assessment criteria which are addressed in turn below:

Landscape and Ecology

8.16 Supplementary Planning Guidance (SPG) 01 (Landscaping) recognises that one key element of successful schemes is an attractive well designed landscape whilst SPG 02 (Trees and Development) seeks to ensure that existing planting is retained as an asset to new development, giving instant maturity and retaining natural visual amenity. The indicative layout seeks to retain some of the existing planting and supplement it with additional planting in and around the proposed dwellings particularly along the north and east boundaries in an attempt to form a strong boundary to the proposed extended settlement boundary in compliance with this policy.

8.17 In terms of ecology, Policy NBE 1A6 and SPG 20 (Biodiversity & Development) indicate that

development that significantly affects a species protected by law will only be permitted where an appraisal has demonstrated that the protected species would not be compromised. NLC Greenspace were satisfied that badgers which may potentially use the site would be adequately protected by carrying out pre-start checks. Conditions could secure these requirements and provision of an updated report had it been recommended to approve in compliance with the policy and SPG.

Flooding and Drainage 8.18 SPG 09 (Flooding & Drainage) requires that applicable developments demonstrate any risk

and means for mitigation of flooding and detail the measures for treatment of surface water through the use of SUDS principles. SEPA confirmed they were content with the flood risk assessment and mitigation measures proposed. Had the application been recommended for approval, conditions could have been attached to suitably address these matters and require detailed information on SUDS proposals for the site. Similarly, Scottish Water confirmed capacity was available at the water treatment works but required further information to confirm the position in respect of wastewater treatment. Again, had the application been recommended for approval, a condition could have been attached to secure the required information to confirm whether there is ability to connect to the public drainage system. The proposals are therefore considered to comply with this SPG. Building Design and Site Layout

8.19 An indicative site layout has been submitted, however as the application is in principle only,

no credence is given to it. Nevertheless, it is noted that efforts have been made to convey a ‘Designing Streets’ form of development which is welcomed in accordance with current design requirements. Had the application been recommended for approval, suitable conditions could have been attached to ensure the detailed aspects of the internal development in terms of layout, density, building design, open space, play requirements, and amenity planting, met suitable standards in compliance with DSP 4.

Transportation Considerations

8.20 Similarly, had it been recommended to approve the application, suitable conditions could be attached to ensure the provision of detailed information at the MSC stage on provision of upgrades to the A71 junction with Headlesscross Road, roundabout requirements, SER, and parking levels. Whilst the applicant proposes reducing the speed limit on Springhill and Leadloch Road as one means to meet the stopping sight distance (SSD) for the proposed roundabout, and that this would require a TRO, the outcome of which cannot be guaranteed as it is subject to consultation, this is of itself not considered to justify recommending refusal on these grounds, as the SSD could be met via other means such as signage or provision of crossings. However, as discussed earlier, concerns remain over accessibility in terms of most walking distances exceeding maximum levels which constrains opportunity for active travel at this location.

Environmental Considerations: Site Investigation and Air Quality 8.21 Having reviewed the extent of site investigations undertaken thus far, Protective Services

confirmed that further work would be required to fully satisfy requirements. However, as the application is PPP, they were satisfied that the additional work could be secured by conditions requiring their submission as part of the processing of any subsequent MSC application should permission be granted. They also confirmed they were satisfied with the results of the air quality impact assessment which concluded that no significant adverse effects would arise in this respect as a result of the proposals.

8.22 Collectively in terms of DSP 4, it is accepted that drawings and additional information that

would be received with any MSC application could address some criteria of DSP 4 in terms of ecology, flooding, site investigation, building design, layout, and access. However, notwithstanding this, the development fails to meet other important criteria contained in part 3a of policy DSP 4 which requires the creation of a successful place and as has been discussed above, it is considered that residential development in this location would significantly reduce the open landscape character of the site and sense of the place’s role at the settlement boundary and is not supported by the Development Plan at this location. In addition, most walking distances exceed maximum recommended standards thereby constraining opportunities for active travel in conflict with part 3b of policy DSP 4 which requires integration with public transport. As such the proposals are considered contrary to DSP 4

8.23 Drawing together consideration of the North Lanarkshire Local Plan, it is concluded that the

proposal is contrary to policies DSP 1, DSP 2, DSP 4, and NBE 3B. Accordingly, given this conclusion and the assessment of the SDP in earlier paragraphs, it is concluded that the proposal is contrary to the Development Plan and must therefore be refused planning permission unless material considerations suggest otherwise.

9. Material Considerations

Scottish Planning Policy (SPP) 9.1 Sustainability is the first of SPP’s 2 Principal Policies and in paragraph 33 notes that where a

Development Plan is more than 5 years old, the presumption in favour of development that contributes to sustainable development will be a significant material consideration However, decision makers should also take into account any adverse impacts which would significantly and demonstrably outweigh the benefits when assessed against the wider policies in the SPP. As the adopted NLLP is now older than 5 years as at 28th September 2017, the presumption in favour of sustainable development applies. The second Principal Policy of SPP is Placemaking which notes that planning’s purpose is to create better places, Placemaking being a creative, collaborative process that includes design, development, renewal or regeneration of our urban or rural built environments. It notes that planning should direct the right development to the right place and should support development that is designed to a high quality which demonstrates the six qualities of successful place. New developments should also consider place and the needs of people before the movement of motor vehicles and should promote active travel to reduce the reliance on private car through the increased use of walking, cycling, and public transport. As discussed above under the SDP assessment, the site is not considered to contribute to sustainable development as it fails to meet one of the six qualities of Placemaking due to having poor access to public transport and constrained ability to promote active travel. As such, the proposals are considered to contravene the two Principal Policies of SPP. Housing Land Supply

9.2 Councils can introduce new sites into the housing land supply through a review of the Local Development Plan. North Lanarkshire Council Proposed Local Development Plan, agreed by the Council in 2016, identifies sufficient additional sites for housing development to meet more than the Housing Land Requirement in the Strategic Development Plan. To ensure that the supply of effective land is still sufficient to meet the agreed need, an annual Housing Land

Audit is carried out and uses a methodology agreed by the constituent Authorities of Clydeplan which was recently given merit by a Reporters decision to dismiss an Appeal for housing in Renfrewshire. An alternative methodology by Homes for Scotland used in calculating effectiveness led to a number of successful appeals being granted in North Lanarkshire. However, as Reporters are unclear as to which methodology to use and as there is an agreed Local Authority methodology, there is no justification in altering the Council’s methodology. The 2017 Housing Land Audit is the first Audit to include sites identified in the Local Development Plan Proposed Plan and sites granted Planning Permission since 2016. Using the agreed methodology and the Draft 2017 Housing Land Supply Audit, it is confirmed that there is a generous 5 year supply of housing in North Lanarkshire and its constituent sub-market areas.

9.3 Therefore, notwithstanding the information contained in the applicant’s Planning Statement and Shotts Housing Market Assessment, the Council contends that there is no housing land shortfall within the Council area or the Motherwell Housing Sub-Market Area and therefore no need to develop this site as there are sufficient and sustainable housing development sites within the area to meet the needs of the growth aspirations of the Development Plan. In addition, as discussed above, it is contended that the site is not in a sustainable location, will adversely impact landscape setting and the residential amenity of Shotts, and will not accord with the Green Belt and Rural Investment Land objectives as alternatively asserted in the Planning Statement. In terms of the Shotts Housing Market Assessment, much as the report acknowledges that there is not a readily available comprehensive dataset on Shotts and that information has been drawn from a variety of sources to provide as comprehensive a picture of the private housing market as possible, it is similarly considered that Shotts does not form enough population mass to perform as a functioning housing market area in terms of sales transactions, or historical completions data for the purposes of making any meaningful conclusions regarding statistical trends, or the acceptability or otherwise of any particular site.

Emerging Local Development Plan

9.4 The emerging North Lanarkshire Local Development Plan (NLLDP) retains the majority of the

site as Countryside with the exception of the former farm steading which continues to be zoned as an Existing Housing Site, whilst a sliver of land at the north-west corner forming part of a larger wedge outwith the site, has been added as a site to be promoted as a Future Housing Site. As part of the emerging Plan process, the Council asked developers to suggest suitable development sites and this is commonly known as ‘Call for Sites’. The submission to the ‘Call for Sites’ enables a site to be considered consistently and strategically in terms of the development plan process and wider area. There was engagement in this process with a submission seeking re-allocation of the application site as part of a larger site, for residential use. As a result of the Settlement Boundary Review, only the narrow section noted above at the north-west corner is proposed for re-allocation for housing purposes, but this is not required to meet the requirement for a 5 year supply of effective land for housing but may have potential for development should an additional requirement be identified. Nevertheless, any application for future housing development will also have to justify the development on the basis of housing need and/or locational circumstance. As such, the majority of the site remains as Countryside, and as noted above, there is no identified need for housing at this location. The fact that the Plan is at an early stage suggests that little weight should be given to the LDP but given that the majority of the site is not identified for housing, it certainly does not provide any weight in its favour. In addition, the NLLDP similarly places great emphasis upon place-making and for the reasons detailed above under the SPP, SDP and Local Plan assessments, the proposals are also considered to conflict with the aims of the emerging LDP.

10. Assessment of Consultation Responses and Representations

Consultation Responses

10.1 With regard to consultation responses not covered in the discussion above, had the application been recommended for approval, suitable conditions could be attached with respect to SEPA’s request for a feasibility study to be conducted into the potential for

provision of an on-site district heating network, and the Coal Authority’s request for remediation of recorded mine entries and shallow workings, whilst an advisory note could be attached requiring the applicant to liaise with Scottish Power to clarify the impact of the development on their apparatus. Representations

10.2 In terms of the objection comments raised in paragraph 7.2 a) – c), I would respond as follows:-

a) The commentary above confirms the proposal is not deemed to be in accordance with the Development Plan;

b) The only infrastructure upgrades identified relate to education provision and this will be addressed via a Section 75 legal agreement, whilst improvements to the A71 junction which will be secured by conditions; and

c) The matter of historical waste deposition on the site was raised with the applicant and received direct attention via the site investigation works. Based on the findings to date, Protective Services confirmed they would be content to impose conditions requiring further investigation at the MSC stage in the event permission was granted.

10.3 In terms of the comments in support of the proposals in paragraphs 7.3 a) – b) I would respond as follows:-

a) Councillor Cochrane’s comments are noted. However, for the reasons contained in

assessment sections 8 and 9 above, development of this site is not considered appropriate. Nevertheless, the Council makes provision for additional housing opportunities elsewhere within Shotts via sites identified for housing development in the local plan. In respect of other comments, Education noted that taking account of known housing in the housing land supply and the local development plan, it is expected that all education provision in the area is likely to experience capacity issues in the future; and

b) Whilst it is accepted that the site has been victim of some fly-tipping and has fencing in disrepair, the site is not considered to be an eyesore but presents a natural landscaped character consistent with its Rural/Countryside designation. It is also accepted that additional housing may stimulate the economy, attract investors and provide a good range of house types, however for the reasons given in sections 8 and 9 above, residential development is not considered appropriate at this location.

10.4 In terms of the neutral party’s comments in paragraph 7.4 I would advise that no definitive position has been conveyed to confirm whether units would be available for rent and there is no policy requirement for such at this location. However, in the supporting Planning Statement, the applicant alternatively notes that there is potential for affordable units. The applicant had initially considered incorporating a cemetery extension alongside the residential development. However, the cemetery proposal was not advanced through either the Proposal of Application Notice (PAN) or this current application. Permission is sought solely for residential development.

10.5 In terms of the applicant’s request for a hearing, it is noted that Committee approved new

procedures on such matters at their meeting of 22nd February 2018. In considering the application against the new procedures, it is considered that the development does not meet the criteria for approving the hearing request, as the application is recommended for refusal and the applicant will have a right of appeal to Scottish Ministers.

11 Conclusions 11.1 Having considered the development against the Development Plan and other material

considerations, it is considered that the proposals represent a significant scale and form of development within the open countryside which is not supported by the Development Plan at this location and reduces the sense of the place’s role at the settlement boundary. It has not been demonstrated that there is a need for housing and the proposals raise accessibility

issues with constrained ability to promote active travel. It is hereby recommended that the application be refused.

11.2 The applicant’s request for a hearing is noted, but as discussed above, this request is

not supported by the Council’s agreed protocol for planning application hearings.

Application No: 17/01586/FUL

Proposed Development: Erection of 100 Houses, Formation of Access and Associated Works

Site Address: Paxtane Farm Edinburgh Road Eastfield Harthill North Lanarkshire ML7 5TF

Date Registered: 26th September 2017

Applicant: Springfield Properties Springfield House, 3 Central Park Avenue, Larbert United Kingdom FK5 4RX

Agent: N/A


Contrary to Development Plan: No

Ward: 13 Fortissat Thomas Cochrane, Martin McCulloch, Kenneth Stevenson, Clare Quigley

Representations: 2 letters of representation received and 1 petition containing 4 names

Recommendation: Approve Subject to Conditions Reasoned Justification:

The proposed residential development complies with the relevant policies of the adopted Local Plan. In terms of design it is considered that the development would integrate satisfactorily with the surrounding area and not result in significant adverse impact on established residential amenity.


Planning Application: 17/01586/FUL Name (of applicant): Springfield Properties Site Address: Paxtane Farm, Edinburgh Road, Eastfield, Harthill, North Lanarkshire, ML7 5TF Development: Erection of 100 Houses, Formation of Access and Associated Works

Proposed Conditions:- 1. That except as may otherwise be agreed in writing by the Planning Authority, the development

shall be implemented in accordance with drawing numbers:- HH-Eng-001-B, HH-Eng-003, HH-Eng-007-B, HH-Eng-009-B, HH-Eng-010-B, HH-Eng-011-B, HH-Eng-012-A, HH-Eng-013-B, HH-Eng-016-B, HH-Eng-019, HH-Eng-020, HH01_SL03C, HH01_SL04C, HR-Eng-016, HR-Eng-011, HR-Eng-009, HR-Eng001, G/SH/1061, 2016 HH_902, 2016 HGGGA_901, 2016 HGGA_901, 2016 HGG_901 Rev A, 2016 HD_901 Rev A, 2016 EB_901, 2016 DH_901 Rev A, 2016 DGH_901, 2016 DD_901, 2016 DBD_901, 2016 DBBH_901, 2016 BE_901, 2016 BBH_901, 2016 BB_901, 2016 ABB_901

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

2. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a formal remediation strategy shall be submitted to, and approved in writing by the Planning Authority. For the avoidance of doubt the strategy shall include details of gas protection measures and verification methodology shall be carried out in accordance with an implementation timetable to be agreed in writing by the Planning Authority before any works of any description take place. Reason: In the interests of the amenity and wellbeing of future residents.

3. No individual dwelling shall be occupied until a certificate (signed by a suitably qualified engineer) has been submitted to the Planning Authority confirming that any remediation works have been carried in accordance with the agreed Remediation Strategy.

Reason: In the interests of the amenity and wellbeing of future residents. 4. That prior to any works of any description being commenced on the application site, unless

otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme, including the period during construction, shall be submitted to the said Authority. For the avoidance of doubt the drainage scheme must be carried out in consultation with SEPA and self certified by a suitably qualified professional as complying with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant CIRIA Manual and other advice published by SEPA. Within three months of completion of the surface water drainage scheme, the developer shall submit to the planning authority written confirmation, approved by a suitably qualified professional, that the scheme has been implemented in accordance with the approved details.

Reason: To ensure that the site surface water drainage scheme complies with relevant guidance.

5. 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 sewerage and surface water drainage

arrangements.

6. 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 all earth moulding and hard landscaping, boundary treatment, grass seeding and turfing, including the landscaped strip at the site frontage on Albert Road; (b) a scheme of tree and shrub planting within the site and SUDS basin area, incorporating details of the location, number, variety and size of trees and shrubs to be planted. For the avoidance of doubt, this shall take cognisance of Designing Streets policy and be developed taking account of local species and biodiversity interests; (c) A Pedestrian link along the western edge of the communal open space linking north to south

(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: To enable the Planning Authority to consider these aspects in detail, to ensure high

quality visual amenity. 7. 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: To ensure the implementation of the landscaping scheme in the interest of amenity. 8. That BEFORE the development hereby permitted starts, a management and maintenance

scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-

(a) any parts of the internal layout that are public and not adopted by the Council; (b) the proposed communal grassed, planted and landscaped areas; (c) the proposed SUDS area; (d) any communal fences and walls; (e) play provision within the site.

Reason: To ensure the maintenance of the landscaping scheme in the interest of amenity.

9. That BEFORE completion of the development hereby permitted, the management and

maintenance scheme approved under the terms of condition 8 shall be in operation. Reason: To ensure there is an adequate landscape maintenance scheme in place.

10. 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. For the avoidance of doubt, all fencing and walls shall take account of visual impact and the edge of settlement location.

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

11. That no dwelling hereby permitted shall be occupied until the street and footpath adjacent to it

have been constructed to basecourse standard and the street 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. 12. That before the last of the dwellings hereby permitted is occupied, all streets, footpaths,

footways and manoeuvring areas shall be completed to final wearing course.

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

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

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

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

surface to be installed; (c) details of the fences to be erected around the play area, (d) details of a DDA compliant access; (d) details of the phasing of these works.

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

14. That before occupation of the last dwellinghouse within the development hereby permitted, all

works required for the provision of the equipped play area and, included in the scheme approved under the terms of condition 13, shall be completed.

Reason: To ensure adequate provision of play facilities within the site. 15. That before the development hereby permitted starts, unless otherwise agreed in writing with

the Planning Authority, full details of the design and finish materials to be used in the construction of the streets, footways, junctions, parking courtyards and driveways, shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, the materials shall be a well considered palette to reflect the aims of Designing Streets.

Reason: In the interests of amenity and design by ensuring that the materials are appropriate for the site.

16. That should no development commence before September 2018 then an updated protected

species survey shall be provided for the written approval of the Planning Authority before any development starts on site.

Reason: In the interests of protecting nature conservation interests.

17. That the recommendations of the ecological appraisal by JDC Ecology (dated May-September 2017) approved as part of this permission, or any updated survey approved in writing by the Planning Authority shall be complied with in full, in accordance with a timetable to be agreed in writing by the Planning Authority before any works of any description start on site.

Reason: In the interests of protecting nature conservation interests.

Background Papers: Consultation Responses: Memo from Transportation received 29th January and email on 21st May 2018 Letters from Scottish Environment Protection Agency (SEPA) received 13th and 27th October 2017 Letters from the Coal Authority received 9th October and 12th December 2017 Email from Scottish Gas Network received 27th September 2017 Memos from Greenspace received 11th October 2017 Memo from Landscape 29th September 2017 Memo from Protective Services received 4th October 2017 Letter from West Lothian Council received 11th October 2017 Letter from Scottish Water received 2nd October 2017 Memo from Play Services received 30th January 2018 Letter from Education received 6th February 2018 Contact Information: Any person wishing to inspect these documents should contact Mr Graham Smith at 01236 632500 Report Date: 6th June 2018

APPLICATION NO. 17/01586/FUL REPORT 1. Site Description

1.1 The site is a square shaped, open field of some 3.42 ha with levels sloping downwards gently

from north to south towards the River Almond. The site is surrounded by Alexander Peden Primary School to the north and terraced housing to the east which is mainly two storey, incorporating a standard pitched roof design. To the south of is the River Almond with fields beyond and the remainder of Paxtane Farm to the west with a cluster of buildings, some in a derelict condition.

2. Proposed Development 2.1 The proposed housing comprises 100 units in the form of 2 storey semi-detached and

terraced units and 2 storey cottage flats taking access from Albert Road each with their own associated amenity space to the front and rear. The street design incorporates shared surfaces with buildings dictating the geometry and pedestrian movement prioritised over vehicles but also ensuring future access points could be achieved to a future phase of development to the west. A landscaped frontage is proposed along Albert Street which has the potential to be landscaped and add visual interest to the existing streetscene. Parking is proposed in a mixture of ways from in-curtilage to parking courts. Overlooked public open space is also proposed in a central area, and more on the south eastern corner which also contains an area designated for the SUDs pond. Materials proposed comprise of a mixture of white render, grey facing brick, dark grey cladding, grey UPVC and charcoal coloured roof tiles.

3. Applicant’s Supporting Information 3.1 The applicant provided the following technical reports and studies in support of their

proposal:-

Drainage and Flood Risk Assessment

Coal Mining Risk Assessment

Planning Supporting Statement

Traffic Assessment

Site Investigation

Ecology Statement

Parking Statement

Street Engineering Review

Sustainable Travel Supporting Document 4. Site History 4.1 Prior to this application being received a Proposal of Application Notice (reference:

17/00327/PAN) was received and request for a screening opinion on whether an Environmental Impact Assessment (EIA) would required for this development (reference: 17/00812/EIASCR). It was determined that the proposal was of a nature and scale that did not require an EIA.

5. Development Plan

5.1 The site is part of a wider land released for residential development identified as HCF 2 A2

(Sites for Short-Term) Housing Development in the North Lanarkshire Local Plan 2012. 6. Consultations

6.1 The following consultation responses have been received:

Transportation made a range of comments about visibility, the internal layout and parking and recommended the decision be deferred until the comments were suitably incorporated.

Protective Services reviewed the Site Investigation and recommended that in the event of permission be granted, a remediation strategy be submitted.

The Coal Authority initially objected but withdrew this following the submission of further supporting information by the applicant.

SEPA initially objected on flood risk grounds, however, upon receipt of further information, withdrew the objection subject to the developer ensuring that ground floor levels achieve a minimum level specified by them.

West Lothian Council did not object but made some observations relating to water quality, sustainable design, energy usage and landscaping.

Scottish Water raised no objections and made observations relating to connection to their services.

Play Services raised no objections subject to conditions requiring further details of play equipment.

Greenspace raised no objections to the findings of the ecological survey subject to a condition that requires its recommendations to be implemented.

Education has confirmed that they anticipate that Alexander Peden Primary School will experience capacity constraints in future years and that the anticipated pupils from this development will contribute to this. They anticipate that an extension to the school will be required and have requested a financial contribution of £263,091.21

7. Representations 7.1 Following the standard neighbour notification process 2 letters of representation and a petition

containing 4 names was received. The comments made relate to the impact of the development in terms of increased traffic, and concerns over congestion and road safety. Clarification is also sought on the access, vehicular turning, the emergency access, the site boundary and how it will be treated and what consideration has been given to protected species along with the coal authority constraints.

8. Planning Assessment

8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions

must be made in accordance with the relevant development plan unless material considerations indicate otherwise. The application raises no strategic issues and therefore it can be assessed in terms of local plan policy below. The relevant policy is HCF 2 A2 (Sites for Short-Term Housing Development) with policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development) also of relevance.

North Lanarkshire Local Plan

8.2 The site being identified as a housing development opportunity (Policy HCF 2 A1) establishes

that the principle of residential development is acceptable. Taking this into account the proposal accords with HCF 2 A1.

8.3 Given the sites zoning for housing, the proposal accords with policies DSP 1 (Amount of

Development) and DSP 2 (Location of Development). 8.4 Policy DSP 3 (Impact of Development) is also relevant, which requires consideration of the

demands placed on communities and what contributions, if any, are required to provide or improve infrastructure and facilities. The consultation process has identified a projected shortfall in Education provision which the applicant has agreed to contribute to, and it is recommended that this be secured through a section 75 legal agreement. Taking account of this the proposed development is considered to accord with DSP3.

8.5 Policy DSP 4 which requires consideration to be given to the context of the site and provides a range of assessment criteria to determine the quality of the development and to ensure proposals integrate well into the site and local area. Aspects such as layout, density, design details, materials, open space, amenity are considered along with the impact of proposals on amenity and the environment and also any transportation matters that may arise.

8.6 The design and layout proposed by the applicant is contemporary providing a different

approach to the more traditional street design that is a feature of the surrounding area. The site is part of a larger residential zoning and the layout takes cognisance of this with linkages to the east and west prioritising pedestrian movement. The position of buildings, street length, width and geometry is distinctive in the local context, creating a hierarchy and the information provided in support of the development demonstrates that all these matters are likely to influence driver behaviour with safety benefits. It is not considered that the proposal will have an impact on the residential amenity of the surrounding areas as it does not raise any overlooking or overshadowing issues due to the location of the housing. The design and materials is also more contemporary than the surrounding area but it is considered that this approach will enhance the surrounding area and create a good sense of place. The open space proposed is well overlooked and landscaping and play equipment can be secured through conditions. In terms of access, parking and the impact of the proposal on the local road network the comments of Transportation have largely been incorporated. The proposal is considered to achieve convenient and safe movement and it is considered that the proposal can be accommodated without a significant adverse impact on the local road network. Given the foregoing it is therefore considered that design and layout of the development is acceptable and satisfactorily integrates with the surrounding area. The proposal is in compliance with DSP 4.

8.7 Consultees: The consultation responses raise no significant issues and planning conditions

are recommended to address the issues raised. 8.8 Representations: With respect to the concerns raised about traffic generation the TA

demonstrates that the road network will continue to operate satisfactorily and Transportation has not objected to this. Similarly Transportation has not objected to the access. The methods for the operation of the emergency access will be determined through the construction consent process. In terms of the site frontage the boundary extends up to Albert Street and an active frontage is proposed containing landscaping and pedestrian provision. A condition is recommended requiring further details of the boundary treatment to ensure that this is suitable. With respect to protected species issues the site has been surveyed by an appropriately qualified professional and Greenspace has also analyzed this and raised no objections. In terms of the Coal constraints, one part of the site is identified as ‘High Risk’. This demonstrates that part of the development site has the potential to be affected by previous mineral workings however the Coal Mining Risk Assessment has demonstrated that the site can be made safe for the proposed development and the Coal Authority has lifted their objection on this basis.

9. Conclusions

9.1 Taking the above assessment into account it is considered that the detailed design and layout

of the proposal will create a strong sense of place and identity and would enhance the wider area. On balance it is considered that the development accords with the provisions of the adopted North Lanarkshire Local Plan. Notwithstanding the representations received it is recommended that planning permission be granted subject to conditions and section 75 legal agreement to address Education contributions.


Proposed Development: Class 3 Unit (Food and drink) with Ancillary Drive-Thru and Takeaway, and Associated Parking and Landscaping Works

Site Address: Site To East Of 494 Windmillhill Street Motherwell

Date Registered: 20th December 2017

Applicant: Mr James Cunnington c/o agent 177 West George Street Glasgow United Kingdom G2 2LB

Agent: Iceni Projects Ltd 177 West George Street Glasgow UK G2 2LB

Application Level: Local Application


Ward: 19 Motherwell South East And Ravenscraig Kenneth Duffy, Agnes Magowan, Alan Valentine, Nathan Wilson,

Representations: 71 letter(s) of representation received.

Reasoned Justification:

The proposal, by failing to provide sufficient off street parking, is contrary to local plan policies HCF1A and DSP4. There are no other material considerations that suggest the proposal should be granted permission despite this policy failure.


Planning Application: 17/02066/FUL Name (of applicant): Mr James Cunnington Site Address: Site To East Of 494 Windmillhill Street Motherwell North Lanarkshire Development: Class 3 Unit (Food and drink) with Ancillary Drive-Thru and Takeaway, and Associated Parking and Landscaping Works

Recommendation: Refuse for the following Reasons:

The proposal fails to provide sufficient off street parking provision. As a result, the proposal is contrary to policy HCF1A which seeks provision for parking, and contrary to Policy DSP 4 which seeks to ensure the development integrates successfully and provides a safe, inclusive, convenient and welcoming development that addresses appropriate parking. Background Papers: Ecological Constraints Report by Wild Surveys limited (October 2017) Tree Survey Report for Hydrock by Donald Roger Associates Ltd (October 2017) Transportation Assessment by ECS Transport Planning (December 2017) Planning Statement by Iceni (December 2017) Ground conditions Desk Study Report by Hydrock (December 2017) Flood Risk Assessment and Drainage Strategy by Hydrock (December 2017) Consultation advice from NLC Greenspace (08 January 2018) Consultation advice from Environmental Health Pollution Control team (09 February 2018, 09 March 2018 and 26 March 2018) Noise Impact Assessment by Hydrock (02 March 2018) Air Quality Impact Assessment by Hydrock(03 March 2018) Socio-economic benefit statement (submitted 06 April 2018) Consultation advice from Roads Development service (21 May 2018) Contact Information: These documents can be viewed online at www.northlanarkshire.gov.uk using the reference number 17/02066/FUL Report Date: 30 May 2018

http://www.northlanarkshire.gov.uk/

APPLICATION NO 17/02066/FUL

REPORT 1. Site Description 1.1 The application site comprises the vacant brownfield land that sits at the corner of Windmillhill

Street and Knowetop Avenue. It lies in a prominent location adjacent to the A721 road at Windmillhill Street and within in an area characterised by mixed residential and commercial uses. A stone wall currently surrounds the site and the land itself is characterised by hardstanding areas and some rough overgrown vegetation and trees close to the north western boundary.

2. Proposed Development 2.1 The proposal is for a Class 3 unit (food and drink) with ancillary drive-thru and takeaway and

associated parking and landscaping. The planning application indicates that the use would be run by the Tim Hortons “Cafe and Bake shop” operation.

2.2 The detailed site plan shows a flat roof single floor building (243 square metres gross, with

129 square metres of public floorspace) in a style generally associated with drive-thru facilities of this nature (normal combination of brickwork, blockwork and metal roof finishes and glazed openings). The proposed building shows a seating provision of 54. This building is proposed to sit on the east side of the site, in a prominent location close to the corner of Windmillhill Street and Knowetop Avenue. Vehicular access would be taken from Knowetop Avenue into a forecourt area characterised by parking area, drive- thru route and landscaping and grassed borders. All vehicles would exit at the same point. Pedestrian access and exit is proposed from both Windmillhill Street and Knowetop Avenue. The use is proposed to operate 24 hours and to have unrestricted servicing hours.

2.3 The applicant has provided a socio-economic benefit statement, a planning statement, and a transportation assessment.

2.4 As well as covering general benefits in the UK, the socio-economic statement highlights

specific local benefits to the area including: 25 new jobs, and other indirect jobs to make it happen; £50,000 in business rates; £2 million of investment into the local area; land regeneration; and enhancement of North Lanarkshire as a location for investment. The statement concludes that the development would contribute to the aims of North Lanarkshire’s Economic and Regeneration Strategy.

2.5 The main points of the planning statement are that: the development would be in keeping

with the mixed character of its surroundings; it is in an appropriate and sustainable location; the design is acceptable; and the use would not cause any amenity problems for residents. The statement concludes by highlighting: the economic benefits of 25 full and part time jobs, as well as indirect jobs and investment in the area; the promotion of North Lanarkshire as a location for investment; and the improving amenity through improved food and drink choice for the area. It also concludes that the use will not adversely impact traffic or general amenity and would comply with the Government’s presumption in favour of sustainable development, giving due weight to economic benefit.

2.6 The transport assessment concludes that: the development provides suitable access for all travel modes; the development provides sufficient parking and servicing; and the operational assessment indicates that the road network, with a minor widening of at Knowetop Avenue at the junction with Windmillhill Street, will be able to support the uplift in traffic associated with the facility without compromising the safety of existing users.

2.7 The applicant has also provided technical reports on ecology, drainage, noise and air quality, and site contamination (see Background Papers). This information forms a key part the consultation process with relevant consultees on this application.

3. Site History

3.1 There have been no recent planning applications for the development of this site. The site

has lain vacant for several years following the demolition of commercial buildings.

4. Development Plan 4.1 Given the scale of the development, the application raises no strategic issues and can be

assessed against local plan policies. The following policies of the North Lanarkshire Local Plan are applicable.

4.2 Policy HCF1A (Protecting Residential Amenity) presumes against developments detrimental

to residential amenity whilst indicating that development which is of an ancillary nature may be acceptable (e.g. guest houses, nurseries, surgeries or retail for local needs) subject to impact on residential amenity and provision for servicing and parking

4.3 Policy DSP 4(Quality of Development) seeks a high quality of development ensuring that proposals are well designed and safeguard the amenity of neighbouring properties. In addition, this policy requires developments to integrate successfully into the local area and provide a safe, inclusive, convenient and welcoming development, and to address safe secure and convenient access, and safe access for cars, and appropriate parking.

4.4 Policy RTC 3B (Bad Neighbour Development) allows developments that would not have an adverse impact on the character and amenity of the surrounding properties and takes account of the cumulative impact of such developments.

5. Consultations 5.1 The Roads Development Service have considered the proposal in detail, including all the

information within the applicant’s transportation assessment. The Roads Development Service express no objections subject to compliance with on-site and off-site requirements. It is noted that the off-sIte requirements (including visibility splays, guardrails, footway crossings and road widening) could be adequately met. On the other hand, as regards on-site requirements, the applicant’s final proposal provides a maximum of 34 parking spaces, as opposed to the required minimum of 37. In effect, given this parking space shortfall, the proposal does not comply with the Roads Development Service’s on-site requirements. In this regard, the applicants were given the opportunity to address the parking shortfall, but it has now been established that 34 spaces appears the maximum that could be produced given the site size and shape, and the Horton’s proposed unit scale and format.

5.2 The Pollution Control service, following assessment of the noise impact report, the site

investigation report and the air quality assessment, have expressed no objections.

5.3 The Greening service, following assessment of the ecology constraints information and the tree survey, have expressed no objections.

6. Representations 6.1 71 representations have been received. In summary, most of these representations appear to

have come from regular users of the Windmillhill Road roadway and Knowetop Avenue junction. Many emanate from users of the adjacent primary school and nearby secondary school, and local housing areas that are accessed from the junction at Windmillhill Road/ Knowetop Avenue. Objections have also come in from local councillors, and from neighbours who share a boundary with the land of the application site.

6.2 The majority of objections all express, in similar ways, serious concern about the effect that the development would have on the traffic congestion currently being experienced during the day, and particularly during peak times, and school start and finishing times. Concerns about the detrimental effect in terms of both traffic flow, convenience, and pedestrian and road safety are featured highly and strongly expressed. Doubts are also expressed about the conclusions of the applicant’s transport assessment, particularly in relation to how the existing road network would cope with the extra traffic. An element of concern is also expressed in regard to the noise and disturbance that would be brought to the area.

6.3 A representation has been submitted by Councillor Nathan Wilson who highlights similar concerns regarding traffic impacts, and the conclusions of the transport assessment, and the ability of the new junction improvements to have any useful effect. He also objects on the grounds that the proposal, as a result, is contrary to local plan policy.

6.4 A representation has also been submitted by Councillor Alan Valentine, who again highlighted similar concerns regarding existing congestion, traffic impacts, on-street parking problems and the conclusions of the applicant’s transport assessment.

6.5 Specific objections have come in from a resident and the local bowling club, both of whom

share a boundary with the site. In addition to concerns raised regarding traffic impacts, they also raise potential drainage and boundary issues. Although the latter cover important matters, they are not material to the planning assessment, but instead are practical civil legal matters that would have to be resolved between the developer and neighbours at the appropriate time should development ultimately take place.

6.6 In addition to these concerns, others were also expressed in regard to the alleged unhealthy aspect of the food being sold from the premises, to over provision of fast food establishments, and to litter, all of which are not material planning considerations.

6.7 One letter of representation has been received in full support of the application highlighting the economic benefits of the proposal and also questioning many objectors for being possibly too cavalier to object on the basis of a matter (traffic congestion) which to a certain extent is of their own making by virtue of unnecessary school runs, and car usage.

7. Planning Assessment 7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning

decisions are made in accordance with the development plan unless material considerations indicate otherwise.

7.2 As mentioned above, the following local plan policies apply; policy HCF1A (Residential Area),

policy DSP 4 (Quality of Development) and; policy RTC 3B (Bad Neighbour Development).

7.3 When assessing the possible effects on amenity, as required by all three policies, it is important to consider the existing site and locality situation and compare how that would change were the proposal to be implemented. (This issue of amenity was also raised as a concern in some objections). The nature of the locality is such that it is influenced and characterised by commercial units intermingled with residential, leisure and other uses all adjacent, or close, to the main road of Windmillhill Street. The site itself therefore currently sits in an area of established daytime and evening activity with attendant noise, movements, and gatherings of people and so on. In amenity terms therefore, the new development could be absorbed within the current site and surrounding area of already established character and activity, without causing adverse amenity effects. The response of the pollution control service on the proposal also reflects this assessment in that they express no objection on grounds of noise or odour nuisance. Therefore, in the strict sense of relating to the existing context and not affecting amenity, the proposal would not be contrary to any of the abovementioned policies

7.4 Both policies HCF1A and DSP 4 also have traffic and roads related criteria against which development proposals require to be assessed. Policy HCF1A requires sufficient provision for servicing and parking. Policy DSP 4 requires development to integrate successfully into the local area and to provide a safe, inclusive, convenient and welcoming development to address safe secure and convenient access, and safe access for cars, and appropriate parking. The abovementioned failure to provide the level sufficient off street parking as required by the Roads Development Service (34 spaces as opposed to the required minimum of 37 spaces) renders the proposal contrary to both these local plan policies.

7.5 This failure against these policies, and therefore against the development plan, means that, in

accordance with the requirements of Section 25 (see above), the proposal should be refused unless there are other material considerations that indicate it should be approved. It remains to be assessed therefore whether or not any such material considerations prevail.

7.6 One main material consideration, and particularly highlighted by the applicant, is the local socio- economic benefit that may come from the development. It is acknowledged that the establishment should lead to a number of local job opportunities (25 full and part time jobs), and construction jobs. It is also acknowledged that the development would be a form of local investment that could help the local economy. However, this benefit would not be sufficient to outweigh the problems and concerns associated with a lack of off-street parking.

7.7 The environmental benefit of clearing up a prominent untidy site is also acknowledged but, again, this consideration would not be sufficient to outweigh the roads related concerns.

7.8 Other material considerations are expressed in the many representations received on the proposals. These representations mainly express deep concerns about the proposals from a traffic and transportation viewpoint. In effect, they add weight to the established roads related policy failure against the development plan.

7.9 There is one representation in support of the proposals, while a small number of others have shown support for a Tim Hortons facility per se but not in the proposed location for traffic and roads related reasons. So, while there are some limited expressions of support, there are no strong aspects within the representations received that would seek to justify, or lend convincing backing for, the proposal.

8. Conclusions 8.1 In conclusion therefore, even though the use could be absorbed in the locality without causing

any significant amenity effects, the proposal is unacceptable as a result of the shortage of off-street parking provision. As a result, the proposal is contrary to policy HCF1A which seeks appropriate provision for parking, and contrary to Policy DSP 4 which seeks to ensure the development integrates successfully and provides a safe, inclusive, convenient and welcoming development that addresses appropriate parking. There are no other material considerations that suggest the proposal should be granted permission despite this policy failure.

Application No: 18/00002/MSC

Proposed Development: Construction of 62 dwellings and Associated Works, Roads and SUDS (Approval of Matters Specified in Conditions for Planning Permission Ref. 13/01062/PPP)

Site Address: Site Off Gartferry Road Moodiesburn North Lanarkshire

Date Registered: 16th January 2018

Applicant: Persimmon Homes North Scotland /Hallam Land Management Broxden House Broxden Business Park Lamberkine Drive Perth Scotland PH1 1RA

Agent: Jacqueline Forbes Consulting 36 Brackenbrae Avenue Bishopbriggs Glasgow United Kingdom G642BW



Ward: 06 Gartcosh, Glenboig And Moodiesburn Willie Doolan, Greg Lennon, Michael McPake,


Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed residential development of 62 dwellings is considered to be in accordance with the relevant policies contained in the North Lanarkshire Local Plan 2012 and could be accommodated without unacceptable detriment to the character and amenity of the surrounding area. The development is considered to comply with the conditions of Planning Permission in Principle 13/01062/PPP and should not prejudice any future development of the former Stoneyetts Hospital site. Note to Committee: Should planning permission in principle be approved, no decision notice should be issued until a S75 Legal Agreement has been concluded securing the required financial contributions towards Play provision and Affordable Housing.


Planning Application: 18/00002/MSC Name (of applicant): Persimmon Homes North Scotland /Hallam Land Management Site Address: Site Off Gartferry Road Moodiesburn North Lanarkshire Development: Construction of 62 dwellings and Associated Works, Roads and SUDS (Approval of Matters Specified in Conditions for Planning Permission Ref. 13/01062/PPP)

Proposed Conditions:- 1. That, except as may otherwise be agreed in writing by the Planning Authority, or updated as

required under the terms of any planning conditions, the development shall be implemented in accordance with drawing numbers:-

Location Plan & Layout

16.010.F.010 Rev C; 16.010.P.003 Rev L

Levels and Sections

17-089-30A and 16.010.P.005

House Types

TF-BRM(16)12-V5; TF-GLS(14)12-V5; TF-THR(14)12-V5; V6-TF-0613T(15)501; V6-TF-0799T(15)501; V6-TF-0805A(15)501; V6-TF-0805D(15)501; V6-TF-1033D(15)501; V6-TF-1126D(15)501; V6-TF-1217D(15)501; V6-TF-1247D(15)501; V6-TF-1407D(15)501, V6-TF-957D(15)501, V5-TF-0799S(10)502, V6-TF-1233D(15)501, V6-TF-1247D(15)701 and V6-TF-957D(15)701.

Landscaping and Drainage

467.08.01a; 467.08.02a; 467.08.03a and 467.08.04

Fencing and Boundary Treatment

FT-F18, FT-F4, WT-20, WT-W21, FT-21 and WT-W22.

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

2. That before any development starts a comprehensive site investigation (carried out in

accordance with British Standard Code of Practice BS 10175: 2001 'The Investigation of Potentially Contaminated Sites') shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of public health, safety and wellbeing.

3. That any remediation identified by the site investigation agreed in terms of condition 2 above

shall be carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. No individual dwelling shall be occupied until a certificate (signed by a suitably qualified Engineer) has been submitted to the Planning Authority confirming that any remediation works have been carried in accordance with the agreed Remediation Strategy.

Reason: To ensure that any remediation identified has been implemented in the interests of the

amenity and wellbeing of future residents. 4. That before the construction of any roads or houses, unless otherwise agreed in writing with the

Planning Authority; full details of the final 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.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater, in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

5. That the surface water drainage scheme approved under the terms of condition 4 above 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 CIRIA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the

interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

6. 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 sewerage and surface water drainage

arrangements. 7. That before development starts, a timetable of works shall be submitted and approved in writing

by the Council, in relation to the Flood Risk Assessment (FRA) mitigation measures set out in the Report from Fairhurst dated January 2013 and updated Report dated 7th March 2014 with accompanying plan ref.no. 95279/SK/01 to the satisfaction of the Council as Planning Authority.

Reason: To ensure that adequate flood prevention measures are in place. 8. That all works included in the FRA shall be completed in accordance with the agreed timetable

(approved under the terms of condition 7 above). Within three months of the construction of the FRA mitigation works, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the mitigation measures have been constructed in accordance with the FRA report (noted in condition 7 above).

Reason: To ensure that adequate flood prevention measures are in place as per the approved

Report. 9. 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: To ensure the implementation and maintenance of the landscaping scheme in the

interest of amenity. 10. That all works included in the scheme of landscaping and planting, approved under the terms of

condition 9 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: To ensure the implementation and maintenance of the landscaping scheme in the interest of amenity.

11. That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges shall be removed from the application site, without the prior approval in writing of the Planning Authority.

Reason: In the interests of the conservation value of the site and the visual amenity of the site

and the adjacent residents. 12. That before the occupation of any houses, a management and maintenance scheme shall be

submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-

(a) the proposed SUDS area / compensatory flood water storage area; (b) any communal fences and walls; (c) all other communal areas Reason: To ensure the maintenance of communal areas and infrastructure in the interest of amenity.

13. That before completion of the development hereby permitted, the management and

maintenance scheme approved under the terms of condition 12 shall be in operation. Reason: To ensure there is an adequate landscape maintenance scheme in place. 14. That before the construction of any houses, full details of the facing materials to be used on all

external walls and roofs shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of amenity and design by ensuring that external materials are

appropriate for the site. 15. That before the last of the dwellings hereby permitted is occupied, all streets, footpaths,

footways and manoeuvring areas shall be completed to final wearing course. Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 16. That if no development has started within one year from the date of the Extended Phase 1

Habitat Survey compiled by Wild Surveys in April 2017 and the Great Crested Newt Survey by Wild Surveys in July 2017, updated surveys shall firstly be carried out and the details of the findings of the surveys, including any mitigation measures shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, all identified mitigation measures shall thereafter be implemented in accordance with a timescale to be agreed with the Planning Authority.

Reason: In the interests of the protection of natural habitats and protected species. 17. That unless otherwise agreed in writing by the Planning Authority, no more than 32 units of

market housing shall be occupied until the on-site affordable housing has been provided in accordance

with the terms of the approved affordable housing agreement. For the avoidance of doubt, this

condition relates to on-site provision with the required financial contribution to be secured through a legal

agreement. Reason: To ensure the provision of affordable housing on the site. 18. That before development starts, details of a proposed bus stop to be formed at the Gartferry

Road frontage, shall be submitted and approved in writing by the Planning Authority in conjunction with Strathclyde Passenger Transport and NLC Roads and Transportation service.

Reason: To ensure that an adequate bus stop facility is in place on the north side of Gartferry Road.

19. That before development starts, details of a proposed timetable for the provision of the bus

stop, approved under the terms of Condition 18 above, shall be submitted and approved in writing by the Planning Authority. The agreed works shall thereafter be implemented in accordance with the approved timetable.

Reason: To ensure the provision of a safe bus stop. 20. The proposed Traffic Light junction shall be implemented prior to the occupation of the first

dwellinghouse hereby approved, to the satisfaction of the Council as Planning and Roads Authority.

Reason: To ensure the provision of an adequate signalised junction to serve the site. Background Papers: Consultation Responses: Memo from Environmental Health (including Pollution Control) dated 30.1.18 Letters from Scottish Environment Protection Agency dated 24.1.18, 9.5.18 and 10.5.18 Letter and email from NLC Affordable Housing Consultations dated 5.2.18 and 24.4.18 Letter from Scottish Water dated 15.1.18 and 18.1.18 Memo from NLC Greenspace dated 30.1.18 and 6.4.18 Memos from Traffic & Transportation dated 12.3.18 and 22.5.18 Memo from Play Services Manager dated 5.4.18 Letter from Transport Scotland dated 10.4.18 Contact Information: Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632500 Report Date: 4th June 2018

APPLICATION NO. 18/00002/MSC

REPORT 1. Site Description 1.1 The site is approximately 2.9 hectares in size and lies at the northern periphery of

Moodiesburn. The land has the appearance and character of a greenfield site (rough grassland), although the established character of the wider area would be considered partly residential at the edge of the settlement. The only trees of note are a narrow strip running along the western boundary and some hedgerow along the verge fronting Gartferry Road. The site would be described as broadly level.

1.2 The site is located immediately to the north of Gartferry Road, beyond which are residential

properties and open space. To the north sits a now disused former sewage works and just beyond the east boundary is a private access road which serves Stoneyetts Bowling Club. To the east / north east is the site of the former Stoneyetts Hospital which is vacant and part of a wider zoning for residential development. A planning application has been submitted for the redevelopment of the former hospital site and still under consideration (ref.no. 18/00444/FUL). Parallel to the former hospital access road, however outwith the site is a minor, narrow watercourse which runs in a northerly direction. Immediately beyond the site boundary to the west is agricultural land and some areas of woodland.

2. Proposed Development 2.1 Proposed is a residential development of 62 houses with the site already benefiting from

planning permission in principle. 2.2 The proposed development forms part of a wider residential land allocation which involves the

redevelopment of the former Stoneyetts Hospital site and adjacent land (circa 25ha). This particular application is a MSC application for the construction of 62 dwellinghouses and associated works, accessed off Gartferry Road with details given to illustrate how an access to the wider site to the rear (former Stoneyetts Hospital) can be achieved, if required. The previously approved Planning Permission in Principle indicated a capacity of 50 dwellinghouses. The mix of dwellings proposed is 28 detached, 16 semi-detached, 12 Terraced and 6 flatted dwellinghouses all at two storey in height, largely 3-4 bedrooms with some at 2 bedrooms and finished in a mixture of facing brick and roughcast and concrete tiles and upvc windows and rain goods. It is proposed to install traffic lights at the proposed new access to the site, at its junction with Gartferry Road. There is no play facility proposed, nor required for the site, as the Council’s Play Services team has requested a financial contribution towards improvements to a nearby facility. The 25% affordable housing requirement at the site is made up of 12 units located in the north western corner of the site and the outstanding made up with a commuted sum paid to the Council.

2.3 A SUDS area is located on the eastern side of the site and an area to the north east is

identified as a compensatory storage area for flood water. 2.4 Following the legal agreement secured at planning permission in principle stage, each unit

would have a financial contribution towards Education provision. A further Section 75 legal agreement is required to secure financial contributions for off-site Play Provision and Affordable Housing.

3. Applicant’s Supporting Information 3.1 The applicant has provided the following information in support of their application:

Plans

Landscaping Plans

Drainage Drawings

Flood Risk Assessment

Engineering Drawings/Levels/Site Sections

Street Engineering Review and Supporting Information

Design Statement

Drainage and SUDs Strategy/Flood Risk Assessment

Noise and Vibration Assessment

Protected Species Surveys 4. Site History 4.1 Planning Permission in Principle was granted on 16.9.14 for a Residential Development

Comprising 50 Units with Access, Landscaping, Open Space and Associated Development ref.no. 13/01062/PPP

4.2 Planning permission was granted on 18.5.15 for Variation to the Wording of Condition 3 of

Planning Permission 13/01062/PPP in Respect to Drainage Works ref.no. 14/02382/AMD 5. Development Plan 5.1 The site is zoned as Policy HCF2 BB in the North Lanarkshire Local Plan for residential

purposes. It is also noted that this site forms only one part of a wider single HCF2 BB zoning and that the access to that wider area may be required to be taken over the section subject of this application.

6. Consultations 6.1 NLC Housing raises no objection to the application. 12 dwellings are to be located within the

site and a commuted sum will be given to the Council for the remainder to make up the 25% affordable housing requirement.

6.2 NLC Pollution Control raise no objection to the application. In respect to the noise and

vibration report and follow-up submission, the findings are considered acceptable and a requirement for an area of mitigation for garden ground for some new houses (acoustic barrier) can be secured via conditions. Similarly, Site Investigation requirements can also be secured through conditions. A Site Investigation is required due to the site being within a Methane protection zone. Otherwise, matters of construction impact are raised and these could be addressed as advice in the decision notice.

6.3 NLC Traffic and Transportation raise no objection to the application. Detailed discussions

have taken place in respect to the layout with additional supporting information and updated layouts provided. Comments are provided in respect to potential future links to the area of the former Stoneyetts Hospital to the east. Otherwise, some views are given in respect to internal layout matters, including elements of the proposed footway provision at the Gartferry Road frontage, some street lengths and aspects of the driveway and parking delivery. From a planning perspective, it is highlighted that these are final outstanding comments following a detailed process of refinement where many aspects of the layout have been positively developed. It is also highlighted that the use of Designing Street policy results in various design options, opposed to a standards based approach. To support the layout, a detailed Street Engineering Review (SER) has been provided along with a revised SER. In terms of future links to the east, sufficient space has been proven to exist to ensure that, should the road need to be widened to Local Distributer Access level, then this can be accommodated within the site. In this application, the layout has been designed so as not to physically prejudice a link should it be required. In respect to the other comments, it is highlighted that these have been supported through the Street Engineering Review. There are some minor alterations that could be addressed through the construction consent process. There are no concerns raised over the relationship with the wider public road network. From a planning perspective, it is highlighted that there are many aspects of the layout that have merit and, although not entirely satisfactory to the Council’s Roads & Transportation service, are

considered to embrace the principles of the Scottish Governments principles on ‘Designing Streets’.

6.4 NLC Play Services raise no objection to the application and have requested that a financial

contribution of £500 per dwelling is paid towards play provision within the existing Council facility at Kelvin Drive.

6.5 NLC Greenspace raise no objection to the application provided that the recommendations

within the protected survey reports are adhered to. Comments are given on the proposed mitigation and it is considered that matters can be secured where necessary through planning conditions.

6.6 SEPA initially objected to the application in respect to the position of development within the flood risk area (there is a flood area at the northern part of the site). Following the submission of a revised Flood Risk Assessment the objection was removed.

6.7 Transport Scotland have no objections to the proposals. 6.8 Scottish Water have no objections to the proposed development provided that due

cognisance of their apparatus is taken account of and adequate clearance is afforded for the apparatus. There is sufficient capacity within the existing infrastructure to accommodate the development in terms of water and foul drainage.

6.9 NLC Learning and Leisure raise no objection to the application. There would be a

requirement for a financial contribution of £4000 per dwellinghouse that would be secured by way of a Legal Agreement. This is already in place as part of the approval for the Planning Permission in Principle application approval.

7. Representations 7.1 Following neighbour notification procedure and advertisement in the local press, 30 letters of

representation received from 29 different parties, including a letter from Councillor Doolan. These are summarised as follows:

Roads & Transportation Issues

Existing road network is strained, further houses will put more pressure on it. Installing traffic lights would be problematic as drivers will ‘jump the lights’. Transportation Assessment does not reflect the real position on the roads. Bus stop has to be relocated. The existing access to the Bowling Club should remain open. Penzance Way should be stopped-up. Plan indicates a possible future road, this is not required as the adjacent site has its own access.

Environmental Issues

Loss of Green Belt and associated open space. Detrimental impact on wildlife. More ecological works should be carried out. Flooding in the area. No Flood Risk Assessment has been done. Is SUDS basin appropriate? Contrary to policy and does not make use of a Brownfield site.

Miscellaneous

No additional need for homes in the area; lack of local services and facilities in the area to serve new population (already limited in terms of local Schools, Doctors Surgeries and inadequate Community Centre, public transport); Lack of neighbourhood notification consultation and community engagement. Concerns over the amount of information and time for members of the public to consider. Concerns over lack of response to representations made.

8. Planning Assessment 8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions

must be made in accordance with the development plan, unless material considerations indicate otherwise. It is considered that the proposal raises no issues of a strategic nature in terms of the Glasgow and Clyde Valley Strategic Development Plan (SDP) 2012 and it benefits from planning permission in principle. As such, it can therefore be assessed in terms of the local plan policies. The site is zoned under Policy HCF2 BB (Further Locations for Housing Development) in the North Lanarkshire Local Plan (NLLP). This policy zoning actively supports housing development where any local school impacts can be resolved.

8.2 Although the previous Planning Permission in Principle application was for an indicative

number of 50 dwellings, the current application has demonstrated that the site can accommodate 62 dwelling units, whilst maintaining standards including parking provision, distance between dwellings and compliance with the principles of ‘designing streets’.

North Lanarkshire Council

8.2 Firstly, in terms of the primacy HCF2 BB zoning of the site, residential development is actively

supported where local school impacts can be resolved. In this case, following consultation with NLC Learning and Leisure, taking into account local school constraints, a contribution of £4000 per unit would be required. This has been secured by way of a legal agreement as part of the Planning Permission in Principle application. The proposed development is therefore considered acceptable.

8.3 The proposed development also requires to be assessed against Development Strategy

Policies DSP1-4 which include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development). With regard to Policy DSP1 (Amount of Development), the proposed development site was brought forward to form part of the housing land supply and complies in this regard. In terms of Policy DSP2, it is therefore consistent with the NLLP’s basic locational criteria.

8.4 Policy DSP3 (Impact of Development) considers the impact of the proposed development in

terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. In this instance an education contribution would be required as well as off-site play provision, secured via an amended S75 legal agreement (S75 in place as part of PPP application), with a planning condition requiring that 25% of future units within the site being formally classed as affordable housing. To meet this 25% requirement 12 are proposed on site with the remaining being subject to a financial contribution. Taking the above matters into account, it is considered that the proposed development broadly accords with Policy DSP3.

8.5 Policy DSP4 (Quality of Development) requires development proposals to only be permitted

where high standards of site planning and sustainable design are achieved. This also considers other impacts, such as amenity and privacy. In terms of the policy, proposals require to be assessed against a set of criteria.

a. Design Principles Including Provision for the Development and Links to Nearby Green

Networks 8.6 The layout and nature of the housing proposed is considered to be acceptable, following a

hierarchy of primary, secondary and tertiary spaces. The layout has been developed to have good frontages and where these have not been possible, there is landscaping proposed to prominent public frontages. The densities are considered acceptable, as are garden sizes and parking requirements. Play provision will be provided off-site by way of a financial contribution to upgrade existing play facilities in the general area of the application site. Satisfactory linkages are also considered to be provided to the surrounding area. The development, although impinging on some local habitat, mitigates strongly through habitat works, where the resident Water Vole population were trapped and transferred to an appropriate location and their habitat destroyed as per recommended practice.

b. Safe, Inclusive, Convenient and Welcoming Development

8.7 NLC Transportation raised no objection to the application, subject to conditions. Whilst some

comments are given by NLC Transportation in respect to the internal layout, it is noted that the proposed site has been designed to take account of national policy guidance ‘Designing Streets’ in order to create a greater sense of place, and provide a nature of street design that is more integrated and considered from a design perspective. Overall, it is accepted that a more design-led approach to the development has been achieved, whilst satisfactorily demonstrating functionality, safety and a good degree of passive surveillance from the proposed housing. The layout has also been supported by a Street Engineering Review. In addition to the areas of formal open space (which are accessible and well positioned), throughout the layout it is proposed to incorporate additional landscaping with boundary hedging and tree planting. The above detailed design elements are considered to create a safe, welcoming development and in time, when landscaping within and around the development fully matures, one with strong green elements.

c. Energy Resources and Sustainable Development 8.8 In terms of sustainable development, it is acknowledged that the site’s inclusion for

development purposes has followed the local plan process in light of housing land supply requirements in the wider area and strategic aims of planning policy for the Clyde Valley region. As a site, it is also designed to link to local footpaths with a satisfactory proximity to local amenities.

d. Air Quality, Noise and Pollution Impacts

8.9 With regard to potential pollution impacts, air quality was considered as part of the planning

permission in principle and was found to raise no undue concerns. A noise impact assessment has been submitted as part of this application and raises no significant concerns. A requirement for noise mitigation at one part of the site (acoustic fence) has been sought that affects 9 dwellings. It is, however, considered that, due to the nature of the failing i.e. when lounge windows open, the noise levels would be 5db higher than acceptable level, it would be overly onerous to impose the requirement of an acoustic fence at the location as it would have a detrimental impact on the aesthetic look of this open area. No other pollution concerns have been raised through consultation.

e. Drainage and Water Body Status

8.10 SEPA were involved as part of the planning permission in principle, with detailed assessment

of flood risk, ultimately raising no objection. An amended Flood Risk Assessment was submitted as part of the application and SEPA are satisfied with its findings and recommended mitigation works. A condition is proposed to ensure requirements of SEPA and general SUDS principles are satisfactorily achieved and a further condition is proposed in respect to the Developer meeting all requirements of Scottish Water.

f. Impact on Local Amenity

8.11 In terms of privacy, the generally recognised minimum distance between directly facing

windows of 18 metres is satisfactorily achieved throughout the site. Consultation has demonstrated there would be no other unacceptable pollution impacts from the development. It is acknowledged that there would be a change in amenity for neighbouring properties as a result of the visual change from fields to residential development. While loss of view is not a material planning consideration, it is valid to consider visual impact. On this site, the principle of development has already been agreed through the local plan zoning and through the planning permission in principle. Otherwise, the development has been designed to have a degree of frontage to Gartferry Road. While existing small trees along this frontage will require to be removed (to facilitate access), additional landscaping would be incorporated to soften the development edge where frontage hasn’t been possible. On balance, this is

considered acceptable from the perspective of visual amenity from the adjoining road and beyond.

8.12 In light of all of the above, it is considered that the proposal is in accordance with Policy

DSP4. Other Material Considerations

Planning Permission in Principle

8.13 The layout is considered to satisfactorily meet the terms of planning permission

13/01062/PPP, subject to conditions and a legal agreement in respect to affordable housing, off site play provision and Education contribution.

Consultations:

8.14 In terms of the consultation responses received, it is considered that the outstanding matters

which have not been covered earlier in this report could be suitably addressed by way of planning conditions or advisory notes attached to any permission.

Representations 8.15 In response to the grounds of representation above in 7.1, these are commented on in the

same order as they appear above: Roads and Transportation Issues

Response: Notwithstanding the concerns expressed, a Transportation Assessment has been carried out and there has been formal consultation with the Councils Traffic and Transportation Section. This has resulted in no objection on matters relating to the ability of the public road network to accommodate the development safely and in terms of capacity. In respect to the different junction options raised as part of the previous application process, a signalised junction is the preferred junction for the site. The Bowling Club access is outwith the application site, therefore the development does not impact on the Bowling Club. In the event that Stoneyetts site requires access through the application site in addition to their proposed access, there is sufficient room to accommodate a wider road if required. The Bowling Club access is outwith the application site, therefore the development does not impact on the Bowling Club.

Environmental Issues

Response: While the concerns in respect to Green Belt are noted, it is highlighted that having gone fully through the examination process, the site benefits from a residential zoning in the North Lanarkshire Local Plan. The site also benefits from Planning Permission in Principle, as such, the principle of residential is already established on the site through the previous approval and policy status. On flooding, drainage and ecology, detailed investigations have been carried out and these matters can be addressed through appropriate conditions being attached to any approval. A Flood Risk Assessment was submitted as part of the application and SEPA are satisfied with its findings and recommendations.

Miscellaneous

Response: The principle of development on the site has already been established, therefore ‘need’ is not in question for this application. Policy considerations have been given to affordable housing, off-site play provision and education impacts which will be addressed by legal agreements. The Planning Service accepts representations up to the point that an application is presented to committee in excess of statutory timescales. Responses to representations are acknowledged setting out that they will be taken into account in the assessment of the application and are reported to Committee as done so in this section of the

report. The range of representations has been taken into account in arriving at this recommendation.

9. Conclusions 9.1 In conclusion, following assessment of the application and notwithstanding the objections

received, it is considered that the proposed residential development satisfactorily complies with the relevant policies of the North Lanarkshire Local Plan and the terms of planning permission 13/01062/PPP. It is therefore recommended that planning permission is granted subject to conditions and a legal agreement to secure the financial contribution towards Play provision and Affordable Housing.


Proposed Development: Temporary Siting of 6 Storage Containers (In Retrospect)

Site Address: 224 Cumbernauld Road Chryston G69 9NB

Date Registered: 25th January 2018

Applicant: GHSL Ltd Braeside Services 224 Cumbernauld Road Chryston G69 9NB

Agent: Sandy McAllister AMCA Architects Castlecroft Business Centre Tom Johnston Road Dundee DD4 8XD



Ward: 05 Stepps, Chryston And Muirhead John McLaren, Lynne Anderson, Stephen Goldsack,



The proposal complies with Policy HCF 1 A (Protecting Residential Amenity and Community Facilities - Residential Areas) in the adopted North Lanarkshire Local Plan. The proposal 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.


Planning Application: 18/00054/FUL Name (of applicant): GHSL Ltd Site Address: 224 Cumbernauld Road, Chryston, G69 9NB Development: Temporary Siting of 6 Storage Containers

Proposed Conditions:- 1. That the permission hereby granted is for a temporary period only and shall expire in 18

months of the date of this permission (i.e. by 12th December 2019) or when the retail unit approved under planning permission 18/00071/AMD is occupied, whichever occurs first. Thereafter, the containers shall be removed within 28 days.

Reason: To enable the Planning Authority to retain effective control. 2. That, except as may otherwise be agreed in writing by the Planning Authority, the development

shall be implemented in accordance with drawing numbers PL-005 and PL-006. Reason: To clarify the drawings on which this approval of permission is founded. 3. That within 7 days of the date of this permission, the large bright blue drums located between

the containers and the public road shall be relocated away from this area or removed from the site, unless otherwise agreed in writing with the Planning Authority.

Reason: In the interests of the visual amenity of the application site and the wider area. Background Papers: Consultation Responses: Memo from NLC Traffic & Transportation received on 21st March 2018 Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632500 Report Date: 4th June 2018

APPLICATION NO. 18/00054/FUL

REPORT 1. Site Description

1.1 The application site is an existing petrol filling station at Cumbernauld Road, Chryston. The

existing service station shop is a two storey, pitched roofed, rendered elevations to the side and rear with a brick and glazing shopfront. There are 6 temporary storage containers located in the north eastern corner of the site. The site is bounded by residential properties to the north (opposite side of the road) and west, a vacant grassed area, while to the south and east is the public road.

2. Proposed Development 2.1 Planning permission is being sought for the temporary siting of 6 storage containers. These

containers are in place which consist of 3 no. smaller containers measuring 4 metres long, 2 metres wide and 2.4 metres high located in the far north east corner of the site and 3 no. larger containers measuring 12.2 metres long, 2.4 metres wide and 2.8 metres high located just west of the smaller containers. The proposal seeks to site the storage containers until the recently approved retail unit has been constructed (ref: 18/00071/AMD Replacement Retail Unit with Associated Car Parking)

2.2 The background of these containers are that the upper floor of the existing retail unit element

of the filling station was previously used as a store room for stock, however, the building was not originally designed for this purpose. This upper floor storage activity was ordered to stop by the Council’s Building Standards Service (the structural suitability of the attic to accommodate storage has not been demonstrated), therefore, these containers where brought onto site to replace the storage capacity.

2.3 It should be noted that planning permission is only required because the containers were

brought onto the site after the planning permission to redevelop the shop granted in 2014 had lapsed. Had work commenced on that permission then the temporary storage containers would not have required planning permission as they would have benefited from permitted development legislation which allows such structures for the duration of the build.

3. Applicant’s Supporting Information 3.1 A supporting statement was submitted by the applicant. The statement confirms that the

storage containers are a temporary measure until the re-development of the site has been completed and are necessary in order for the site to continue trading.

3.2 The applicant confirms that there is an enforcement notice on the existing building with regard

to fire safety which in turn means that no stock can be stored on the upper floor or adjacent to the building (which was used previously as storage).

3.3 The applicant states that in the interest of staff and public safety the containers have been set

up on site in order to store residual stock therefore stopping use of the upper floor and external area of the existing building.

4. Site History 4.1 The following previous applications are relevant to the current proposal:

04/00809/OUT Residential Development (Maximum of 2 Dwellinghouses) – Approved 05.07.2004

06/00303/FUL Alterations and Extensions to Filling Station and Shop – Approved 31.08.2006

08/01669/FUL Single Storey Side Extension to Accommodate Installation of ATM Machine – Approved 19.01.2009

08/01670/ADV Erection of Wall Mounted, Internally Illuminated Advertisement Sign – Approved 15.01.2009

12/01162/FUL Extension and Improvement of the existing shop at Braeside Services and associated parking, demolition of secondary forecourt shop and removal of existing car wash facility – Approved 25.02.2014

12/01217/ADV Erection of Free-Standing Totem Pole – Approved 11.01.2013

17/01593/AMD Extension and Improvement to Shop with Associated Parking - Withdrawn

18/00071/AMD Replacement Retail Unit with Associated Car Parking – Approved 21.03.2018

5. Development Plan

5.1 The proposal raises no strategic issues and can therefore be assessed in terms of Local Plan

policies. 5.2 The application site is zoned as HCF 1 A (Protecting Residential Amenity and Community

Facilities – Residential Areas) within the adopted North Lanarkshire Local Plan. 6. Consultations

6.1 Traffic & Transportation confirms that the A752 Cumbernauld Road is a district distributor

road predominantly providing access to residential developments at the location of the proposal. There is no objection provided that the proposed temporary storage containers are positioned outwith the junction visibility of 9x120m from the A80 Cumbernauld Road (Link Road) to the left onto A752 Cumbernauld Road and the proposed storage containers orientated perpendicularly to A752 Cumbernauld Road are positioned a minimum distance of 6m from the public boundary.

7. Representations 7.1 Following the standard neighbour notification process and newspaper advertisement, 6 letters

of representation has been received of which all are objections including an objection from Councillor McLaren.

7.2 The grounds of objection include impact on sight lines/safety, road blocked during deliveries,

staff parking, traffic calming measures, traffic problems, retrospective nature, existing clutter, pedestrian safety, temporary nature, traffic speed and visual amenity.

8. Planning 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.

8.2 Development Plan: North Lanarkshire Local Plan: The site is located within an established

residential area which is covered by Policy HCF 1 A (Protecting Residential Amenity and Community Facilities – Residential Areas) where there is a presumption against developments detrimental to residential amenity in primarily residential areas. Developments of an ancillary nature may be acceptable (e.g. guest houses, children’s nurseries, medical surgeries or retail for local needs) subject to impact on residential amenity and provision for servicing and parking. It is clear that the policy identifies that local retail units are acceptable subject to the impact on residential amenity. The proposed temporary storage containers are directly related to the existing petrol filling station (and proposed re-development). The position of the temporary storage containers are considered to be appropriate within petrol filling station and on the opposite side of the road to the nearest residential property, therefore, considered that the proposed temporary storage containers do not result in any significant impact on residential amenity. It is accepted that the containers were brought onto the site after the planning permission to redevelop the shop granted in 2014 had lapsed. Had

work commenced on that permission then the temporary storage containers would not have required planning permission as they would have benefited from permitted development legislation which allows such structures for the duration of the build.

8.3 The North Lanarkshire Local Plan also requires proposed developments to be assessed against policies DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Given the scale of the proposal, only DSP 4 is of relevance in this case. The proposed temporary storage containers are directly related to the existing petrol filling station and its redevelopment and while DSP 4 states that development will only be permitted where high standards of site planning sustainable design is achieved, justification has been provided by the applicant that states that the proposed temporary storage containers are necessary for the confirmed operation of the petrol filling station. It is considered, therefore, that the proposal is in accordance with policies HCF 1 A, DSP 2, DSP 3 and DSP4 of the North Lanarkshire Local Plan.

8.4 Consultations: With to the comments made by Traffic & Transportation, it is noted that the

temporary storage containers have been previously re-positioned to improve road visibility and the recommended 9x120m from the A80 Cumbernauld Road (Link Road) to the left onto A752 cannot be achieved. The containers are temporary in nature and a planning condition is recommended for the containers to be removed within 18 months or when the associated retail unit is completed (whenever occurs sooner).

8.5 Representations: In response to the concerns raised, the following comments are offered:

Point of objection: Objection on the grounds of sight lines and safety. Comment: Whilst impacting on the visibility slays as recommended by Traffic & Transportation in response to consultation on the current application, it is considered that vehicles pulling out of the junction of concern to them have adequate visibility to safely complete the manoeuvre. Especially given that cars will be mainly approaching the junction on the opposite side of the road. Point of objection: The public road is blocked when deliveries are being made to the petrol filling station. Comment: This is noted, however, this can occur in periods when the forecourt of the petrol filling station is full of customer vehicles and not a direct cause of the temporary storage containers. Point of objection: Additional staff have been hired by garage operator causing parking issues. Comment: This is noted and planning permission 18/00071/AMD includes provision of additional car parking spaces. Point of objection: Traffic calming measures have been implemented in other villages within North Lanarkshire and similar bollards should be installed within the vicinity to stop pavement mounters. Comment: This is noted, but not directly related to this planning application. Point of objection: The existing containers already cause confusion to drivers attempting to enter the fuel forecourt and turning into Chryston Road. Comment: The temporary storage containers are located in the far corner of the application site which is away from the customer area and should not cause any issues. Point of objection: The containers are already in place and this demonstrates complete disregard for the local community and more importantly for the Planning Department and Planning Law.

Comment: This is noted and this planning application has been submitted to legalise the position. Point of objection: The roadside boundary is lined with large bright blue drums resulting in an overall effect is to downgrade the amenity of the area. Comment: A planning condition is recommended to remove or relocate these drums. Point of objection: There is an issue surrounding pedestrians coming down the path off the dual carriageway with no sighting of traffic going north unless they lean out onto the main road. Comment: It is still possible to see the road from the footpath and the blue drums will be removed which will further improve matters. Point of objection: The current containers were meant to be temporary due to refurbishment, yet the garage owners have flaunted the original order and kept them in situ as stockrooms. Comment: The refurbishment approved under planning permission 18/00071/AMD has yet to start and the containers are needed as a result of the Building Standards enforcement notice. Point of objection: The speed of traffic, in particular the young drivers it attracts, is concerning as they accelerate out of the forecourt disregarding the 30mph limit as they speed past houses out of the village. Comment: Any vehicles not complying with the speed limit of the adjacent public roads are out with the remit of this planning application and would be a policing matter. Point of objection: The containers in general are an ugly eyesore and only succeed in lowering the visual appeal of the village. Comment: There is justification of the containers to be located within the application site for a temporary period, due to this and the impact on the visual amenity of the area, it is not considered sufficient to warrant a refusal in this instance.

9. Conclusions 9.1 The proposed temporary storage containers does not result in an unacceptable detrimental

impact on residential amenity or on the amenity of this location. It is considered that the proposal is in compliance with the terms of the adopted North Lanarkshire Local Plan. Taking account of these matters and notwithstanding the representations received, it is recommended that temporary planning permission be granted subject to conditions.


Proposed Development: Change of Use from Storage (Class 6) to Gym (Class 11) (In Retrospect)

Site Address: 46 - 50 Tannoch Drive Lenziemill Cumbernauld G67 2XX

Date Registered: 4th April 2018

Applicant: Limitless Fitness And Martial Arts 66 Maple road Abronhill Cumbernauld G67 3NH

Agent: N/A



Ward: 04 Cumbernauld East Gillian Fannan, Claire Barclay, Paddy Hogg, Tom Johnston,

Representations: 1 letter of representation received.


The proposed gym use is considered acceptable in terms of the criteria set out in the relevant policies contained within the North Lanarkshire Local Plan. The proposed development is unlikely to significantly adversely affect the surrounding industrial and business area.


Planning Application: 18/00358/FUL Name (of applicant): Limitless Fitness And Martial Arts Site Address: 46 - 50 Tannoch Drive, Lenziemill, Cumbernauld, G67 2XX Development: Change of Use from Storage (Class 6) to Gym (Class 11)

Proposed Conditions:- 1. 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 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. 2. That, notwithstanding the provisions of the Town and Country Planning (General Permitted

Development) (Scotland) Order 1992, the premises shall be used for Gym use only and for no other purposes (including any other Use Classes in the Town and Country Planning (Use Classes) (Scotland) Order 1997). Once this Gym use ceases operating then the Unit will revert back to Use Classes 4 (Business), 5 (General Industry) and 6 (Storage/Distribution).

Reason: To enable the Planning Authority to retain effective control and to ensure the building

remains an ancillary facility to benefit the operation and viability of the adjacent industrial area. Background Papers: Consultation Responses: None Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632500 Report Date: 4th June 2018


REPORT 1. Site Description 1.1 The application site is an existing end terrace industrial unit with enclose yard area to south

situated within a group of similar sized industrial units at Tannoch Drive, Lenziemill, Cumbernauld. This forms part of an established industrial area. The property is a single storey industrial unit with a metal roof, render elevations and a roller shutter/single door frontage. The unit is currently vacant. Tannoch Drive is a cul de sac with buildings of a similar size, design and finish. The application is bounded by similar industrial units to the north, south, east and west.

2. Proposed Development 2.1 This application seeks full planning permission for the change of use from a (Class 6) storage

unit to Gym (Class 11) use and no physical alterations proposed are proposed. 3. Applicant’s Supporting Information 3.1 A supporting statement was submitted by the applicant. The statement confirms that the

proposed gym use would be for business called Limitless Fitness and Martial Arts offers fitness instruction, nutritional advice, weight training, gym equipment and children’s Taekwondo classes. The proposed hours of operation are between 10am to 10pm on Monday to Saturdays with the majority of clients/classes being after 5pm. On occasion, the business maybe open on Sundays between 11.00am - 20.00 but this will be depend on private personal training clients. The business would have approximately 8 employees.

3.2 The business has been operating from 21E Glencryan Road, which is within an existing

industrial area where pedestrians would need to be considered around the area which has high volume of traffic due to the business types in the surrounding units. This proposed unit offers better pedestrian safety and they are less likely to come into contact with vehicles from other businesses in the surrounding units. The applicant’s client list has grown at a rapid pace and have out grown to the point that they can no longer operate effectively within the existing unit and therefore need to seek larger premises in order to cater for their client base.

3.3 There are approximately 8 car parking spaces to the front of the unit and a further 24 car

parking spaces in a communal parking area. The unit has been vacant for at approximately 12 months.

4. Site History 4.1 There is no planning history. 5. Development Plan


policies. 5.2 The application site is covered by Policy EDI 1 A1 (Existing Industrial and Business Areas)

within the adopted North Lanarkshire Local Plan 2012. 6. Consultations 6.1 None received.

7. Representations 7.1 Following the standard neighbour notification process and press advert, 1 letter of

representation has been received which objects on the grounds of noise from music. 8. Planning Assessment 8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997,


8.2 Development Plan: North Lanarkshire Local Plan: The site falls within an area covered by

Policy EDI 1A1 (Existing Industrial and Business Areas) which states that the Council will support the continuing industrial and business character of existing industrial and business areas. The proposal seeks to bring back into use a small unit that has been vacant for some time. In physical terms the unit forms part of a much bigger industrial/business area. In assessment against the relevant policy, the proposed change of use from business and industry unit to a gym use is considered, in this instance, to be an appropriate departure that would not adversely impact on the wider industrial location. The proposal would result in a use that would have peak usage in the evenings and weekend which is opposite to the peak operating hours of the surrounding industrial units. It is considered that the proposal will not detract from the industrial function of the application site or the surrounding area due to the number of similarly sized industrial units still available. In this particular industrial estate, there is a predominance of large industrial units and the loss of one unit to a non industrial use is not considered to be a particular concern. The use has a particular requirement for an industrial sized building and a planning condition is recommended to restrict the use to the proposed gym use only in order to ensure that the character of the wider industrial area is protected. The potential physical amenity impact of the proposal on neighbouring properties is also deemed to be acceptable due to the nature of the proposed and established uses. In this respect, the application is considered to comply with the spirit and intentions of the relevant policy.

8.3 The North Lanarkshire Local Plan 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 scale and nature of the development the proposal raises no issues with regards to Policies DSP 1, DSP2, and DSP3. Policy DSP 4 sets out that development will only be permitted where high standards of site planning and sustainable design are achieved. This policy sets out criteria and requirements in this respect which include; character and setting, integration into the local area, impact on traffic circulation and local roads network and avoiding harm to the neighbouring amenity. When assessed against the terms of policy DSP4 (Quality of Development), it is considered that the re-use of the vacant industrial unit can be integrated successfully into the surrounding area without detriment to the amenity of the existing industrial and business area. Furthermore sufficient infrastructure such as parking, access and turning areas are in place to ensure that the proposed use can be carried out and will be compatible with the wider industrial uses in the area.

8.4 Other Material Considerations - Supplementary Planning Guidance: A material consideration

is the Supplementary Planning Guidance (SPG) 14 Industrial & Business Development, of which Section C is relevant. With reference to change of use proposals in Industrial and Business areas, the SPG states that the Council will not support proposals which would be detrimental to the cumulative economic importance of small scale industrial and business sites or proposals which would have a negative impact on communities and the wider environment. When the martial arts training centre use proposal is assessed against this, it is considered that the proposal will not result in a detrimental impact on the cumulative economic importance of industrial and business uses in the Westfield area of Cumbernauld or have a negative impact on the adjacent business uses. The proposed use has a specific requirement for an industrial sized building and the existing industrial unit has been vacant for some time. It is also noted that the surrounding industrial/business area has a number of vacant units of similar size which would indicate that there is a surplus of units to that of

demand in the area. It is not therefore considered that the use of the vacant unit as a martial arts training centre would be to the detriment of the existing industrial and business area and would not result in a shortfall of premises for industrial or business use within this locale. Therefore the proposal is regarded as being in accordance with the Supplementary Planning Guidance.

8.5 Effect on Local Amenity: Due to the nature and operating hours, the proposed gym use is

considered to be acceptable as its impact will not detrimentally affect the character of this wider industrial area.

8.6 Applicant’s Supporting Information: In planning terms, the potential impact of the proposed

gym use on the industrial area are assessed in detail above and considered that, on balance, to be acceptable. It is noted that in this industrial estate there is no shortage of similar industrial units and if unavailable in the town centre, finding appropriate accommodation can be difficult. Indeed, there are no vacant units of the required size available. It is considered that this has some weight in the assessment of this application, taking into account the special circumstances, and availability of industrial units elsewhere.

8.7 Representations: In response to the concerns raised, the following comments are offered:

Point of objection: The new occupier has already moved in and the noise levels are detrimental to the adjoining business as they are finding it a challenge to concentrate with heavy base noise from the music coming through the adjoining walls. Comment: This is an existing industrial unit currently with Class 6 Storage/Distribution Use where other identified uses within this industrial area include Classes 4 (Business) and 5 (General Industry). Both the existing and other uses can have noise implications which is acceptable in an industrial area as amenity levels are less than a residential area due to the nature of the area.

9. Conclusions 9.1 In conclusion, taking into account of all the circumstances relevant to this application, the

proposed gym use is considered acceptable in this instance and will not result in an unacceptable impact on the character of this industrial and business area which is considered to be an acceptable departure from policy EDI A1 (Existing Industrial and Business Areas) of the North Lanarkshire Local Plan. Taking account of the provisions of the development plan, all other material considerations and notwithstanding the objection received, it is recommended that permission be granted subject to the recommended planning conditions.


Proposed Development: Change of Use from Class 1 (Retail) to Class 4 (Business) and Class 6 (Storage and Distribution)

Site Address: B & Q Plc 2 - 6 Newhut Road Braidhurst Industrial Estate Motherwell North Lanarkshire ML1 3ST

Date Registered: 29th March 2018

Applicant: Butler Mason Limited On Behalf Of B&Q Properties Ltd c/o Addleshaw Goddard LLP 107 West Regent Street Glasgow UK G2 2BA

Agent: Addleshaw Goddard LLP Cornerstone 107 West Regent Street Glasgow UK G2 2BA



Ward: 17 Motherwell West Meghan Gallacher, Paul Kelly, Annette Valentine,

Representations: 0 letter(s) of representation received.


Although the development does not represent a retail use as specified by local plan policy, other material considerations including suitability to the locale, a new investment opportunity, and emerging policy, render the new use acceptable at this location.


Planning Application: 18/00442/FUL Name (of applicant): Butler Mason Limited On Behalf Of B&Q Properties Ltd Site Address: B & Q Plc 2 - 6 Newhut Road Braidhurst Industrial Estate Motherwell North Lanarkshire ML1 3ST Development: Change of Use from Class 1 (Retail) to Class 4 (Business) and Class 6 (Storage and Distribution)

Proposed Conditions:-

1. That BEFORE either of the uses hereby permitted starts, full details of the internal layout showing all parking, turning and servicing provision shall be submitted to, and approved in writing by, the planning authority.

Reason: In the interests of local traffic flow and safety

Background Papers: Supporting statement received 20 March 2018 Contact Information: These documents can be viewed online at www.northlanarkshire.gov.uk using the reference number 18/00442/FUL. Report Date: 4th June 2018

http://www.northlanarkshire.gov.uk/

APPLICATION NO. 18/00442/FUL REPORT 1. Site Description

1.1 The application site forms part of the established Braidhurst industrial estate in Motherwell. It

is made up of the former B and Q retail store building (vacant since June 2016) and surrounding parking and servicing land. (Site area total: 0.96 hectares approx.)

2. Proposed Development 2.1 The applicant seeks planning permission to change this former retail use for use as either

class 4 (office or light industrial use) or for class 6 (storage and distribution). There are no physical alterations to the building proposed in this planning application. The applicant intends to use the existing extensive curtilage for access, parking and servicing.

3. Applicant’s Supporting Information 3.1 In view of the development’s specific bulky goods retail designated location, the applicant has

provided a supporting statement to seek to justify the proposal in this case. A summary fo the main points the applicant in this statement. are as follows (in italics).

The property has been marketed as a class 1 retail entity, without any interest being expressed. The proposal would arguably be more suited to this location

The site is located with an established industrial estate,

The proposed change of use would complement the neighbouring uses and prevailing character of the area. ie. business/industrial area

The currently drafted North Lanarkshire Local Development Plan proposes that the site is located within an area designated as General Urban Area where diversity in mixed-use localities is encouraged. Use Classes 4, 5 and 6 are supported in principle.

The immediate surrounding area is industrial/commercial in character and is adjacent to a main traffic route. The nearest residential properties are at a good distance from the site.

The proposed change of use will not have a detrimental impact on the amenity of the area or surrounding designated business centres.

The application site is well situated for access to main routes including the M74 and there are no proposed alterations to the existing access to the site. The existing Class 1 bulky goods use will be similar in nature in respect of larger vehicular movements.

In terms of the forthcoming NLLDP, the proposed Class 4 and 6 use would be more in accordance with policy than if there was to be a new proposal for a Class 1 use on the Application Site

4. Development Plan

4.1 The site is designated under local plan policy RTC1B which restricts future uses to bulky

goods retail. Policy DSP 4 of the North Lanarkshire Local Plan 2012, which seeks integration with existing environment and amenity, also applies.

5. Consultations

5.1 None

6. Representations 6.1 No representations have been received. 7. Planning Assessment 7.1 On the assessment process for planning applications, Section 25 of the Town and Country

Planning (Scotland) Act 1997 requires that decisions are made in accordance with the development plan unless material considerations indicate otherwise.

7.2 As mentioned above, the local plan designates the site specifically for bulky goods retail use.

As a result, in a straight assessment against the development plan, the proposal is not compliant. The development plan position therefore suggests that the uses be refused. So, the next stage in the assessment process is to consider whether or not there are any other material considerations that suggest the decision should be otherwise, and therefore that the proposal be accepted.

7.3 The points made by the applicant are noted and supported in relation to comparableness with the location, improvements to the environment and the emerging planning policy. Indeed on this occasion, it is agreed that the points made are reasonable material considerations that weigh in favour of the proposal despite the local plan policy zoning. In the latter respect, there is indeed emerging planning policy for general urban uses which seeks a more flexible and less restrictive approach to this site and in turn allows new investment into the area. Therefore it is accepted that in terms of land use, the proposal is allowable in principle, despite the current local plan policy position.

7.4 Policy DSP 4 also requires developments to integrate successfully into the local area and not

cause any negative impacts in terms of amenity or road safety. The proposal represents uses that would integrate with the current business and industrial nature of the locality. There is also established access points and sufficient capacity within the hard standing curtilage for off street parking and servicing provision. The actual internal arrangement would be for the developer to design as appropriate and a condition would be added to any permission to cover the details. The development proposed is therefore acceptable against general policy DSP 4.

8. Conclusions

8.1 Despite the current local plan policy zoning suggesting that the proposed uses are not compliant, there are material considerations in this case relating to new investment, comparableness with the location, environmental improvement and the emerging planning policy that all suggest it be accepted. In view of these material considerations therefore, it is concluded that planning permission can be granted.


Proposed Development: Residential Development of 122 Dwellinghouses with Parking and Amenity Space

Site Address: Land At Strath Brennig Road Smithstone, Cumbernauld


Applicant: Persimmon Homes North Scotland Broxden House Broxden Business Park Lamberkine Drive Perth PH1 1RA

Agent: Jacqueline Forbes Consulting 36 Brackenbrae Avenue Bishopbriggs G642BW



Ward: 02 Cumbernauld North Danish Ashraf, Calum Currie, Tom Fisher, Alan Masterton,


Recommendation: Reasoned Justification:

The proposed development meets the criteria set out in the residential policies contained within the North Lanarkshire Local Plan. The proposed development is acceptable in terms of its impact upon the site, the surrounding residential area and without detriment to the visual amenity at this particular location of Cumbernauld


Planning Application: 18/00498/FUL Name (of applicant): Persimmon Homes North Scotland Site Address: Land At Strath Brennig Road Smithstone, Cumbernauld Development: Residential Development of 122 Dwellinghouses with Parking and Amenity Space


Planning Application: 18/00498/FUL Name (of applicant): Persimmon Homes North Scotland Site Address: Land At Strath Brennig Road Smithstone, Cumbernauld Development: Residential Development of 122 Dwellinghouses with Parking and Amenity Space

Proposed Conditions: 1. That the development hereby permitted shall be carried out strictly in accordance with the

approved details shown on the following drawings, or such other details that require to be confirmed via conditions, and no change to those details shall be made without prior written approval of the Planning Authority:

LOCATION PLAN - 17.032.P.001

TOPOGRAPHIC SURVEY - 43861_2D

LANDSCAPE PROPOSAL SHEET 1 OF 5 - 467.09.01B

LANDSCAPE PROPOSAL SHEET 2 OF 5 - 467.09.02 B LANDSCAPE PROPOSAL SHEET 3 OF 5 - 467.09.03 B



INDICATIVE LEVELS LAYOUT - EII343/1001 REV A

FENCE DETAILS - FT-F18

FENCE TYPE F4 PLOT DIVISION FENCE - FT-F4

SCREEN WALL - WT-01

WALL TYPE T21 BRICK/TIMBER FENCE - WT-W21

SINGLE GARAGE - SG01/001 REV B

DOUBLE GARAGE - SG2 SG2-001

ROOFTILE DATA SHEET

PORTREE V6 FLOOR PLANS & ELEVATIONS - V6-TF-0613T(15)501

NEWMORE V6 FLOOR PLANS & ELEVATIONS - V6-TF-0799T(15)501

FORTROSE V6 FLOOR PLANS & ELEVATIONS - V6-TF-0805D(15)501

NEWTON V6 FLOOR PLANS & ELEVATIONS - V6-TF-0805S(15)501

LEITH V6 FLOOR PLANS & ELEVATIONS - V6-TF-1033D(15)501

ABERLOUR V6 FLOOR PLANS & ELEVATIONS - V6-TF-1126D(15)501

ETTRICK V6 FLOOR PLANS & ELEVATIONS - V6-TF-1212D(15)501

BALERNO V6 FLOOR PLANS & ELEVATIONS - V6-TF-1217D(15)501

THURSO V6 FLOOR PLANS & ELEVATIONS - V6-TF-1233D(15)501

THORNWOOD V6 FLOOR PLANS & ELEVATIONS - V6-TF-1247D(15)501

WHITHORN V6 FLOOR PLANS & ELEVATIONS - V6-TF-1407D(15)501

ELGIN V6 FLOOR PLANS & ELEVATIONS - V6-TF-957D(15)501

VEHICLE SWEPT PATH REFUSE - EII343/1502

VEHICLE SWEPT PATH EMERGENCY - EII3431503 Reason: To clarify the drawings on which this approval of permission is founded. 2. That before the development hereby permitted commences, the design, location and finishing

materials for the fences, gates and walls shall be submitted to, and approved in writing by the Planning Authority. Thereafter all fences, gates 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 enable the Planning Authority to consider these aspects in detail. 3. Notwithstanding the requirements of Condition 1 above and before the development hereby

permitted commences, details of the design and material finishes of a site entrance feature shall be submitted to and approved in writing by the Planning Authority, and thereafter shall be constructed in accordance with the details approved under the terms of this condition prior to the occupation of the first dwellinghouse.

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

4. 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 users of the site.

5. That prior any development a remediation strategy to deal with any contamination identified in the site investigation approved under the terms of condition 4 above shall be received prior any development for the Planning Authority’s written approval and will include a detailed implementation timetable. For the avoidance no individual dwelling shall be occupied until a certificate (signed by a suitably qualified Engineer) has been submitted to the Planning Authority confirming that all remediation works have been carried in accordance with the agreed Remediation Strategy.

Reason: To ensure that any remediation identified has been implemented in the interests of the

amenity and wellbeing of future residents. 6. 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 suitably qualified Engineer as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect

adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

7. That the SUDS compliant surface water drainage scheme shall be implemented

contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a suitably qualified Engineer) shall be submitted to the Planning Authority prior to the occupation of the first dwellinghouse hereby approved confirming that the SUDS have been constructed in accordance with the relevant CIRIA Manual and the approved plans.

Reason: To safeguard any adjacent watercourses and groundwater from pollution and in the

interests of the amenity and wellbeing of future residents within the site. 8. 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. 9. 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 detailed scheme of biodiversity enhancement, seasonal shrub planting and trees within and bordering the SUDS facility and the site entrance

(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. For the avoidance of doubt all trees shall be protected in accordance with the recommendations in BS 5837:2012 Trees in Relation to Design, Demolition and Construction;

(d) A detailed timetable for all landscaping works within the site and shall set out that the works be carried out contemporaneously with the development of the site.

For the avoidance of doubt, the details submitted to discharge this condition shall build upon the landscaping plans submitted as part of the application

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

10. That all works included in the scheme of landscaping and planting, approved under the terms of

condition 9d 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: To ensure the implementation of the landscaping scheme in the interest of amenity. 11. That no trees within the application site shall be lopped, topped or felled and no shrubs or

hedges shall be removed from the application site, without the prior approval in writing of the Planning Authority.

Reason: In the interests of the conservation value of the site and the visual amenity of the site

and the adjacent residents. 12. That before the development hereby permitted starts, a scheme, for the provision of an

equipped play area within the application site shall be submitted to, and approved in writing by the Planning Authority, and this shall include:-

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

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

surface to be installed; (c) details of the fences to be erected around the play area; (d) details of the phasing of these works. Reason: To ensure adequate provision of play facilities within the site. 13. That before occupation of the 60th dwellinghouse within the development hereby permitted, all

works required for the provision of the equipped play area and, included in the scheme approved under the terms of condition 12, shall be completed.

Reason: To ensure adequate provision of play facilities within the site. 14. That before the development hereby permitted starts, a management and maintenance scheme

shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-

(a) the proposed grassed, planted and landscaped communal areas; (b) the proposed SUDS area; (c) any communal fences and walls; (d) play provision within the site

Reason: To ensure the maintenance of the landscaping scheme in the interest of amenity. 15. That before completion of the development hereby permitted, the management and

maintenance scheme approved under the terms of condition 14 shall be in operation. Reason: To ensure there is an adequate landscape maintenance scheme in place. 16. That before the development hereby permitted starts, full details of the facing materials to be

used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of amenity and design by ensuring that external materials are appropriate for the site.

17. That before the development hereby permitted starts, unless otherwise agreed in writing with

the Planning Authority, full details of the design and finish materials to be used in the construction of the streets, footways, junctions, parking courtyards and driveways, shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, the materials shall be a well considered palette to reflect the aims of Designing Streets and the materials agreed under the terms of condition 16.

Reason: In the interests of amenity and design by ensuring that the materials are appropriate

for the site. 18. That no dwelling hereby permitted shall be occupied until the street and footway adjacent to it

have been constructed to basecourse standard and the street and footway 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. 19. That before the last of the dwellings hereby permitted is occupied, all streets, footpaths,

footways and manoeuvring areas shall be completed to final wearing course. Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 20. That notwithstanding the terms of the above conditions, that the site shall comply with the

recommendations detailed within paragraphs 7, 8.1 and 8.3 of the Flood Risk Assessment (Waterman Infrastructure & Environment Ltd; March 2018). The requirements of the Flood Risk Assessment are to be carried out in accordance with an implementation timetable to be agreed in accordance with the Planning Authority.

Reason: To ensure compliance with the Flood Risk Assessment submitted with the application

and in the general interests of potential flooding impact. 21. That prior to any works hereby approved commencing on site, a further survey shall be

undertaken on the site to determine the presence of badgers and any breeding birds and said surveys 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 identified 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: In the interests of the protection of natural habitats and protected species. 22. That before the occupation of the 75th dwellinghouse within the development hereby permitted

or any other reasonable timetable agreed, all works required for the provision of the connecting pedestrian footpath from the sites south boundary to the existing footpath leading to Smithstone Road shall be completed to the satisfaction of the Planning Authority.

Reason: To ensure the provision of adequate connection within the site and surrounding area 23. That, if as a result of the RCC approval process, the site layout requires to be altered in respect

of the horizontal geometry of the roads, footway and footpath locations and design, on-street lay-by car parking and traffic calming, then a revised drawing shall be submitted to and for the approval of the Planning Authority.

Reason: To ensure consistency in the council's approval processes in its role as Planning and

Highways Authority. 24. That BEFORE any works of any description start on the application site, unless otherwise

agreed in writing with the Planning Authority, a revised Street Engineer Review (SER) and

associated layout plan addressing vehicular speeds and visibility within the site shall be submitted for the written approval of the Planning Authority.

Reason: In the interests of traffic and pedestrian safety

Background Papers: Consultation Responses: Environmental Health (including Pollution Control) received 24th May 2018 Landscaping received 24th May 2018 Traffic & Transportation received 5th June 2018 Play Services Manager received 23rd April 2018 NLC Greenspace received 7th May 2018 Scottish Environment Protection Agency received 25th May 2018 Scottish Water received 17th April 2018 Scottish Gas Network received 13th April 2018 Scottish Power Environmental Planning - no comments received Education received 16th May 2018 Contact Information: Any person wishing to inspect these documents should contact Ms Suzanne Cusick at 01236 632500 Report Date: 5th June 2018


REPORT 1. Site Description 1.1 The development site extends to approximately 5.76 hectares and is located in the north

western corner of Cumbernauld at the western edge of the Smithstone housing estate. The site known as Smithstone 1 forms the final phase of the Smithstone Masterplan. The site is bound on the north and west by Strath Brennig Road beyond which are recently developed residential areas. The boundary to the east is formed by the B802 Croy Road and the southern boundary is delineated by a line of high voltage electricity pylons which mark the boundary of the escarpment which bisects Smithstone on an east west axis. The site sits below the escarpment and slopes gently northwards to Strath Brennig Road. The site is Greenfield in character comprising scrub grassland.

2. Proposed Development 2.1 The applicant seeks approval for the erection of 122 dwellings comprising 2, 3 and 4 bedroom

terraced, semidetached and detached dwellings. Associated open space, SUDS, car parking, play area and infrastructure is also proposed. The existing small roundabout at the north boundary of the site would provide access to the development. As part of the development a new 3 metre wide foot/cycle path will be formed on the south boundary for connection to the existing footpath leading form Smitjhstone Road at the north.

2.2 The proposed layout design incorporates an internal primary loop road, with secondary roads,

shared streets, parking courts and pedestrian/cycle path which would be to adoptable standards. Private off-street and visitor parking would be provided to meet the Council’s standards. The applicant proposes to use various road surface materials, street alignment and building positioning to accord with Designing Streets principles.

2.3 A range of landscaping would be provided within the development site to the internal street layout including hedging, shrubs and tree planting. The SUDS area at the sites south west, the play park at the south and all the communal amenity areas are included as part of the landscape improvements.

2.4 Each dwelling house would be provided with front and rear gardens and off street parking

facilities. Visitor car parking would be distributed throughout the site. Details of the finishing materials would be submitted as a condition of the application. An area in the lowest, south west corner of the site would be utilised for a surface water drainage scheme to meet SUDS requirements.

3. Applicant’s Supporting Information 3.1 The applicants have provided a site layout plan and elevations/floorplan details of all

proposed dwelling types along with the following information in support of their application:

Design and Access Statement (JFC March 2018)

Street Engineering Review (SER) (DRM Consulting Engineers)

Transport Assessment including TRICS data (McIlhagger Assciates; March 2018)

Extended Phase 1 Habitat Survey (Acorna Ecology Ltd; March 2018)

Drainage Strategy

Flood Risk Assessment (Waterman Infrastructure & Environment Ltd; March 2018)

Report on Ground Investigation (August 2005)

Levels

Landscaping

Site Sections

4. Site History 4.1 As mentioned above the site is marketed by the Council for residential development. The site

is currently in Council ownership and a Council Design Brief was produced (June 2017) that set out the design parameters prospective bidders for the site were to achieve.

5. Development Plan 5.1 The site is zoned as Policy HCF 2A1 (Sites for Short Term Housing Development) in the

North Lanarkshire Local Plan 2012. 5.2 Development Strategy Policies (DSP) 1, 2, 3 and 4 are also relevant to the proposal. 6. Consultations

6.1 NLC Protective Services (Pollution Control)

Following a review of the ground investigation reports and review of subsequent information received Pollution Control confirm no objection

6.2 NLC Traffic and Transportation Following a review of the Street Engineering Review (SER) Transportation confirm further information addressing vehicular speeds and visibility within the site would be required prior any development. A condition imposed ensures a revised SER and associated layout will be received prior any on site works.

6.3 NLC Greenspace

Confirm no objection and are satisfied with the recommendations within the habitat survey. If works have not commenced within 1 year further surveys are required. A condition has been imposed to ensure this.

6.4 NLC Play Services

Confirm they are in principle satisfied with the proposed play area in terms of siting, size and type of play equipment. A condition has been imposed ensuring all final details are received prior any development.

6.5 NLC Education Advise that although the service is experiencing capacity issues in the denominational sector for this area in order to accommodate pupil product from the development the service will limit the number of placing request applications. The service requests the right to revisit the issue of developer contributions if the development is not complete within 5 years. If there is no development within three years a new planning application would be required whereby developer contributions would be assessed as part of the application.

6.6 NLC Landscaping Confirm no objection to the principle of development in this site. They are satisfied with the general arrangement of the proposed planting and the maintenance and management proposals.

6.7 Scottish Water Confirm no objection to the proposal.

6.8 Scottish Gas Provided guidance on location of gas pipe lines and assets.

6.9 Scottish Environmental Protection Agency Confirm having reviewed the Flood Risk Assessment (FRA) received with the application and subsequent information and confirm they are satisfied with the findings. Conditions imposed ensure all recommendations within the FRA will be undertaken prior occupation of any dwelling and that all drainage infrastructure will be installed and certified by a suitably qualified chartered engineer.

6.10 Scottish Power

No comments received

7. Representations

No letters of representation received following the neighbour notification procedure 8. Planning 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 zoned under Policy HCF 2A1 (Sites for Short Term Housing Development) in the North Lanarkshire Local Plan 2012

8.2 Policy HCF 2A1 (Sites for Short Term Housing Development): As this application is part of the

Smithstone masterplan the principle of the proposed residential development of the site has already been assessed and accepted at this location.

8.3 The proposed development also requires to be assessed against Development Strategy

Policies DSP1-4 which include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development). With regard to Policy DSP1 (Amount of Development), the proposal falls within sites allocated for residential development as detailed in paragraph 8.2 above. The amount of development is therefore considered to be acceptable.

8.4 The application site is within an established residential area therefore the proposed residential development would be compatible with the surrounding land uses. It is considered that the application complies in principle with the local plan policy HCF2A1. However all proposed development must remain sympathetic to the existing pattern of development and assessment of the design and layout of the proposed scheme is required.

8.5 In terms of DSP2 (Location of Development) new development may be granted if consistent with the locational criteria. The principle of housing on this site has been established by virtue of the Smithstone masterplan and local plan zoning. Furthermore the proposed development would utilise a long term vacant site and the existing road infrastructure. The application is therefore considered to comply with the objectives of policy DSP2. Policy DSP3 (Impact of Development) assesses the demand of new development on existing neighbouring community amenities and infrastructure and where new or extended amenities/infrastructure is required the cost to be met by means of developer contributions. Although within an area designated HCF3A Affordable Housing which normally requires 25% of all new housing development be for affordable housing this site is exempt as it is part of the 2008 Housing Land Supply. As mentioned above in paragraph 6.5 NLC Education Services acknowledged the denominational schools within this catchment area are at capacity but have confirmed this will be managed through the application process. The service requests the right to revisit the issue of developer contributions if the development is not complete within 5 years. As mentioned above at 6.5 if there is no development within five years a renewed planning application would be required whereby developer contributions would be assessed as part of the application. As such a developer contribution will not be requested as part of this application. There has been no other need for infrastructure upgrades identified. The proposal therefore complies with the objectives of policy DSP3.

8.6 Policy DSP4 (Quality of Development): states that development will only be permitted where

high standards of site planning and sustainable design are achieved. DSP 4 also requires all development to successfully integrate into the local area without causing any undue harm by relating well to existing surroundings and amenity through noise or disturbance. The general design guidance within DSP4 on new developments is augmented by Designing Street Policy and the Councils Design Brief. Combined this guidance considers housing density/mix, open

space, detailed design, impact on amenity (privacy, overshadowing etc) roads, access and parking.

a. Design Principles The application site is located within a very prominent part of Strath Brennig Road with Croy Train Station to the east and due topography overlooked by residential developments to the south. Although dwellings will back onto Strath Brennig Road a positive frontage has been proposed through well designed landscaping and a decorative stone and timber boundary wall. The development would comprise a mix of house types and roof designs that would contribute to the character of the site and respect the internal street scene. The sites undulating topography will be subject to a cut and fill levelling process to ensure useable garden areas and opens space. A focal point within the site and a site entrance is proposed to provide identity and a sense of place for the site and surrounding area. The proposed site layout also includes landscaping improvement works to the existing raised area on the south boundary and the creation of a pedestrian/cycle path from the south boundary via the SUDS area to adjoin with the existing pedestrian footpath leading from Smithstone Road. There are also pedestrian links on the north boundary providing access to bus stops on Strath Brennig Road and Croy Train Station to the east. The Design and Access Statement and detailed site levels confirm a well-designed development, will function well and would add to the overall quality of the Smithstone area. Following detailed assessment, it is considered that the proposed site layout is acceptable and meets the terms of the design principles contained in the design brief on housing design, landscaping and density.

b. Safe, Inclusive, Convenient and Welcoming Development

The proposed site layout has been designed to take account of national policy guidance ‘Designing Streets’ in order to create an internal road network that slows traffic speed without additional traffic calming measures. As mentioned above in 6.2 a condition ensures a revised SER addressing vehicular speeds and visibility will be submitted for the Planning Authority’s written approval prior any works. The creation of the pedestrian/cycle path will provide future connection between the existing developments, Croy Train Station, Cumbernauld town centre and the Craigmarloch shopping area. The proposed site layout includes a variety of housetypes, landscaping and the play area would be well overlooked. The above detailed design elements therefore demonstrate the site achieves the aims and aspirations of Designing streets and the Councils Design Brief as a safe, welcoming development for all future residents of the housing.

c. Energy Resources and Sustainable Development The proposal will result in sustainable development through the installation of the SUDS facility to serve the development, improved connection to public transport nodes and will improve its visual amenity. d. Air Quality, Noise and Pollution Impacts

With regard to noise, Protective Services have confirmed the findings within noise impact assessments carried out for previous phases of the masterplan were considered satisfactory. As a result there would be no significant noise issues impacting on this development. e. Water Body Status As mentioned above at 6.9 SEPA confirm they are satisfied with the findings pf the FRA and subsequent information received in response to their comments. The applicant has submitted a detailed drainage strategy and layout in support of the application and a planning condition is recommended to ensure the submission of a full detailed SUDS drainage scheme prior to development commencing on site. f. Impact on Local Amenity

The application site is located on a vacant site with the nearest residential dwelling approximately 30 metres to the north across Strath Brennig Road. A detailed scheme of boundary treatments would be secured through a planning condition to ensure appropriate treatments are in place to minimise any significant adverse amenity impacts on the proposed dwellings. The applicant has submitted details cross sections and proposed site levels and following detailed assessment of the site layout, it is considered that there are no significant adverse impacts on the amenity of the proposed dwellings and proposed dwellings of future development by virtue of overlooking, sunlight/daylight levels and privacy.

In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4 and the national planning policy document ‘Designing Streets’ in that the development would create a successful well designed place through the use of shared spaces, careful building positioning and use of landscaping to slow traffic speeds within the site layout.

9.0 Conclusions 9.1 The development would utilise the existing infrastructure, facilities, road network and a new

pedestrian/cycle path would be of benefit to the wider area. There would also be no unacceptable impact on environmental assets. There would be no significant impact on educational facilities. The dwellings are considered to be of a good design and comply with the terms of the policies of the North Lanarkshire Local Plan in that the development does not result in the loss of amenity, affect the character of the surrounding area or harm road and pedestrian safety. The development could be comfortably accommodated within the site and there would be no negative amenity issues in terms of loss of sunlight or privacy of the neighbouring dwellings. The proposed scale and design have remained sympathetic to the existing dwellings surrounding the site coupled with a scheme of landscaping would have not have a significant adverse visual impact on the wider are. The application has been satisfactorily progressed to the position where outstanding and final detail can be confirmed via conditions. The proposed development meets the criteria set out in the development policies 1 - 4 contained within the North Lanarkshire Local Plan. There are no material considerations that would merit refusal of this application. Accordingly, it is recommended that planning permission be granted.


Proposed Development: Change of Use to Daycare Facility for Dogs

Site Address: 7 Tannoch Place Lenziemill Cumbernauld G67 2XU


Applicant: Mrs Debra Craig 14 Kingsbarns Gardens Cumbernauld G68 0FX

Agent: N/A



Ward: 04 Cumbernauld East Gillian Fannan, Claire Barclay, Paddy Hogg, Tom Johnston,

Representations: No letters of representation received.

Recommendation: Reasoned Justification:

The proposed dog day care use (Sui Generis) is considered acceptable in terms of the criteria set out in the relevant policies contained within the North Lanarkshire Local Plan. The proposed development is unlikely to significantly adversely affect the surrounding industrial and business area.


Planning Application: 18/00569/FUL Name (of applicant): Mrs Debra Craig Site Address: 7 Tannoch Place, Lenziemill, Cumbernauld, G67 2XU Development: Change of Use to Daycare Facility for Dogs

Proposed Conditions:- 1. 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 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. 2. That, notwithstanding the provisions of the Town and Country Planning (General Permitted

Development) (Scotland) Order 1992, the premises shall be used for dog day care use only and for no other purposes (including any other Use Classes in the Town and Country Planning (Use Classes) (Scotland) Order 1997). Once this use ceases operating then the Unit will revert back to Use Classes 4 (Business), 5 (General Industry) and 6 (Storage/Distribution).

Reason: To enable the Planning Authority to retain effective control and to ensure the building

remains an ancillary facility to benefit the operation and viability of the adjacent industrial area. 3. That before the development hereby permitted starts, full details of the design and location of

all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required. Before the site is brought into use the approved fences shall be erected.

Reason: To enable the Planning Authority to consider these aspects. Background Papers: Consultation Responses: Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632500 Report Date: 4th June 2018



1.1 The application site is an existing end terrace industrial unit with enclose yard area to south

situated within a group of similar sized industrial units at Tannoch Place, Lenziemill, Cumbernauld. This forms part of an established industrial area. The property is a single storey industrial unit with a metal roof, render elevations and a roller shutter/single door frontage. The unit is currently vacant. Tannoch Place is a cul de sac with buildings of a similar size, design and finish. The application is bounded by similar industrial units to the south, east and west while to the north is landscaping beyond which is a railway line.

2. Proposed Development 2.2 This application seeks full planning permission for the change of use from a (Class 6) storage

unit to dog day care use (Sui Generis) use. The only physical alterations proposed is replacement fencing around the existing yard.

3. Applicant’s Supporting Information 3.1 A supporting statement was submitted by the applicant. The statement confirms that the

applicant seeks to operate a dog care and training facility that will provide socialisation, exercise and training by fully qualified and experienced staff. The proposed use will employ 2 members of staff to start off with and increase to 4 employees as the dog numbers rise with a planning capacity of 30 dogs. The proposed Dog Day Care hours of operation are between 8am to 5pm on Monday to Friday.

3.2 The applicant confirms that they have identified this unit as it is in a non-residential area,

posing no concern for noise pollution. They state that Dog Daycare is a much calmer environment because staff are with the dogs at all times doing training or activities and noise levels are low. The applicant states that the unit is securely surrounded by palisade fencing which will be fully screened and covered, blocking the view of the dog play area from the general public.

3.3 The applicant confirms that there is private parking facilities within the fenced yard area for up

to 4 cars and a further 16 car parking spaces in a communal parking area. The unit has been vacant for at least 6 months.

4. Site History 4.1 There is no planning history. 5. Development Plan


policies. 5.2 The application site is covered by Policy EDI 1 A1 (Existing Industrial and Business Areas)

within the adopted North Lanarkshire Local Plan 2012. 6. Consultations 6.1 No replies received.

7. Representations 7.1 Following the standard neighbour notification process and press advert, no letters of objection

have been received. 8. Planning Assessment 8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997,


8.2 Development Plan: North Lanarkshire Local Plan: The site falls within an area covered by

Policy EDI 1A1 (Existing Industrial and Business Areas) which states that the Council will support the continuing industrial and business character of existing industrial and business areas. The proposal seeks to bring back into use a large unit that is currently vacant. In physical terms the unit forms part of a much bigger industrial/business area. In assessment against the relevant policy, the proposed change of use from business and industry unit to dog day care use is considered, in this instance, to be an appropriate departure that would not adversely impact on the wider industrial location. It is considered that the proposal will not detract from the industrial function of the application site or the surrounding area due to the number of similarly sized industrial units still available. The use has a particular requirement for an industrial location due to the potential noise issue of a dog day care facility and a planning condition is recommended to restrict the use to the proposed dog day care use only in order to ensure that the character of the wider industrial area is protected. The potential physical amenity impact of the proposal on neighbouring properties is also deemed to be acceptable due to the nature of the proposed and established uses. In this respect, the application is considered to be an acceptable departure from policy.

8.3 The North Lanarkshire Local Plan 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 scale and nature of the development the proposal raises no issues with regards to Policies DSP 1, DSP2, and DSP3. Policy DSP 4 sets out that development will only be permitted where high standards of site planning and sustainable design are achieved. This policy sets out criteria and requirements in this respect which include; character and setting, integration into the local area, impact on traffic circulation and local roads network and avoiding harm to the neighbouring amenity. When assessed against the terms of policy DSP4 (Quality of Development), it is considered that the re-use of the vacant industrial unit can be integrated successfully into the surrounding area without detriment to the amenity of the existing industrial and business area. Furthermore sufficient infrastructure such as parking, access and turning areas are in place to ensure that the proposed use can be carried out and will be compatible with the wider industrial uses in the area.

8.4 Other Material Considerations - Supplementary Planning Guidance: A material consideration

is the Supplementary Planning Guidance (SPG) 14 Industrial & Business Development, of which Section C is relevant. With reference to change of use proposals in Industrial and Business areas, the SPG states that the Council will not support proposals which would be detrimental to the cumulative economic importance of small scale industrial and business sites or proposals which would have a negative impact on communities and the wider environment. When the dog day care use is assessed against this, it is considered that the proposal will not result in a detrimental impact on the cumulative economic importance of industrial and business uses in the Lenziemill area of Cumbernauld or have a negative impact on the adjacent business uses. The proposed use is suited to an industrial location given the noise potential and the distance from noise sensitive properties, e.g. residential areas. In addition, the existing industrial unit is currently vacant. It is also noted that the surrounding industrial/business area has a number of vacant units of similar size which would indicate that there is a surplus of units to that of demand in the area. It is not therefore considered that the use of the vacant unit for a dog day care use would be to the detriment of the existing industrial and business area and would not result in a shortfall of premises for industrial or

business use within this locale. Therefore the proposal is regarded as being in accordance with the Supplementary Planning Guidance.

8.5 Effect on Local Amenity: Due to the nature and operating hours, the proposed dog day care

use is considered to be acceptable as its impact will not detrimentally affect the character of this wider industrial area.

8.6 Applicant’s Supporting Information: In planning terms, the potential impact of the proposed

dog day care use on the industrial area are assessed in detail above and considered that, on balance, to be acceptable. It is noted that in this industrial estate there is no shortage of similar industrial units and if unavailable in the town centre, finding appropriate accommodation can be difficult. Indeed, there are no vacant units of the required size available. It is considered that this has some weight in the assessment of this application, taking into account the special circumstances, and availability of industrial units elsewhere.

9. Conclusions 9.1 In conclusion, taking into account of all the circumstances relevant to this application, the

proposed dog day care use is considered acceptable in this instance and will not result in an unacceptable impact on the character of this industrial and business area which is considered to be an acceptable departure from policy EDI A1 (Existing Industrial and Business Areas) of the North Lanarkshire Local Plan. Taking account of the provisions of the development plan and all other material considerations, it is recommended that permission be granted.


Proposed Development: Change of Use from Residential to Office

Site Address: 39 Southburn Road Airdrie North Lanarkshire ML6 9AD

Date Registered: 8th May 2018

Applicant: MGB Services Ltd 5 Fifth Avenue Airdrie Scotland ML6 7EH

Agent: N/A



Ward: 09 Airdrie Central Trevor Douglas, James Logue, Nancy Pettigrew, David Stocks,



The proposed development is considered to be acceptable in terms of the North Lanarkshire Local Plan in that it would not lead to significant additional disturbance and activity affecting the residential amenity of the area.


Planning Application: 18/00690/FUL Name (of applicant): MGB Services Ltd Site Address: 39 Southburn Road Airdrie ML6 9AD Development: Change of Use from Residential to Office

Proposed Conditions:- 1. That except as may otherwise be agreed in writing by the Planning Authority, the development

shall be implemented in accordance with drawings stamped approved. Reason: To clarify the drawings on which this approval of permission is founded. 2. That unless otherwise agreed in writing the office use shall be carried out by MGB Services Ltd

and shall only take place within the following hours: Monday to Friday 08:00 - 18:00 with no opening on Saturdays or Sunday.

Reason: To enable the Planning Authority to retain effective control, in order to protect the

residential amenity of the surrounding area. 3. That the permission hereby granted is personal to MGB Services Ltd for the use of the building

for office use as detailed on the submitted plans and supporting information. Reason: To enable the Planning authority to retain effective control. 4. That before the building hereby permitted for use as an office is occupied, all the access,

parking and manoeuvring areas serving the building, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas. Thereafter, all off-street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.

Reason: To ensure adequate provision of access, parking and manoeuvring areas. 5. The unless otherwise agreed in writing with the Planning Authority the first two metres of the

parking access shall be paved in an impervious material. Reason: To prevent loose material being carried onto the public road. 6. That unless otherwise agreed in writing with the Planning Authority all gates associated with the

access shall open inwards. Reason: In the interests of road safety. 7. That unless otherwise agreed in writing with the Planning Authority drainage facilities shall be

provided on site to prevent surface water running from the site onto the public road. Reason: In the interests of road safety. 8. Notwithstanding the plans hereby approved and prior to the use of the building coming into

operation further details of a 2m high screen fence for the northern boundary of the site and any proposed access gates shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of the visual amenity of the site and to limit the impact of the proposals

on surrounding amenity.

Background Papers: Consultation Responses: Environmental Health (including Pollution Control) received 15th May 2018 Contact Information: Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01236 632500 Report Date: 4th June 2018



1.1 The application site is a residential property located at 39 Southburn Road, Airdrie. The

property is a single storey detached property finished in cream render, tile roof and upvc doors and windows and has a typical residential frontage on the principal elevation. The property is bound by residential dwellings to the east and north and by commercial dwellings to the south and open space to the rear (west).

2. Proposed Development 2.1 This application seeks full planning permission for the change of use from residential (class 9)

to office (class 4) including some external alterations to the property principally the creation of an additional parking and turning area to the rear of the property.

3. Applicant’s Supporting Information 3.1 The applicant has submitted supporting information which in summary outlines that the

property will be utilised for office use only and will have a maximum of 6 cars parked at the premises at any one time. Additionally the applicant has clarified the office hours to be 08:00 to 17:00 Monday to Friday with no opening on weekends and that office lines transfer over to their on call mobile engineer and this is the same over the weekend. The applicant has confirmed that 6-8 staff will work out of the offices and that there will be no machinery, loud noises etc coming from the property. If successful the applicant intends to install a CCTV system around the perimeter of the property that will increase security and they have confirmed that there will be no passing trade that visits the offices which should limit the turnover of traffic. The applicant has confirmed their intention to create additional parking to the rear of the premises which they feel should minimise the impact on on-street parking. In addition the applicant has noted that they intend to spend approximately 30K on the property for both external and internal improvements and that they are an ISO 14001 accredited company and have strict environmental procedures and policies which are in place and they are audited externally by BSI on a regular basis to ensure they are meeting our Environmental obligations. The supporting information goes on to outline that MGB Services Ltd is an established local business created in 2009 and was named Lanarkshire’s business of the year in 2011. With the company being successful over the years they have now employed several staff to help run the business and that 70% of their staff are from the Airdrie and Coatbridge area. The applicant notes that with the local employment figures being low in recent years that they strongly believe investing back in to the local community where possible and that the company also invest in the younger local generation by being part of an apprenticeship scheme. The supporting information notes that the applicant has been renting for the past 7 years now and that their local business is now in a position where they can look to purchase a property rather than renting. The applicant has been looking to purchase for the last 1.5 years and whilst it is accepted that there are a lot of rental properties available, however locally there are not a lot of properties for them that are suitable to purchase.

4. Site History 4.1 The application site has no relevant site history of note. 5. Development Plan

5.1 The application raises no strategic issues and can therefore be assessed in terms of Local

Plan policies.

5.2 The application site is covered by Policy HCF1A which presumes against development detrimental to residential amenity whilst indicating that development which is of an ancillary nature may be acceptable, subject to impact on residential amenity and provision for servicing and parking. Policy DSP 4 (Quality of development) is also relevant.

6. Consultations

6.1 A summary of comments from consultees is as follows:

i) NLC Pollution Control has no objection. 7. Representations 7.1 Following the standard neighbour notification process and newspaper advertisement 12

representations have been received including three from one objector and two from two members of the same household. The points of objection raised can be summarised as follows:

The latest neighbour consultant date is stated as 9th May and we first received notification of this proposed change on the 12th May.

The property in question is a residential property located in a residential area and its change to a commercial premises would be contrary to the Council’s aims to provide more residential properties in North Lanarkshire.

The proposals may affect the selling potential and future value of neighbouring properties.

The proposals will have a detrimental impact on the private and quiet gardens of neighbouring properties that are frequently used to the detriment of residential amenity. A previous decision to refuse an extension of a neighbouring property given concerns in relation to privacy should also be noted.

The proposed parking area will result in pollution with car fumes etc.

The plans do not confirm what will happen with the garden area to the rear of the proposed parking area and there are concerns that it would not be maintained by the applicant.

The proposals will have a detrimental impact on grandchildren two of whom have special needs and they couldn’t cope with the noise and traffic associated with the use.

The proposals pose a security risk given it would result in commercial premises located directly to the rear of our property.

There are other more appropriate office space available within the NLC area such as Saline St and Rochsoloch which would be more appropriate for the proposed use.

The likely increase in traffic and concerns that the company operates 24/7 and 7 days a week which would disturb residents adjacent to the premises.

Noise and disturbance associated with the works required to form the parking area.

Additional people in the area that can look in neighbouring properties.

Issues with on-street parking. 8. Planning Assessment

8.1 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.

8.2 Development Plan: North Lanarkshire Local Plan (NLLP): The site is covered by local plan policy HCF1A (Protecting Residential Amenity and Community Facilities) which presumes against developments detrimental to residential amenity. New development which is of an ancillary nature may be acceptable subject to impact on residential amenity and provision for servicing and parking (discussed further below).

8.3 The NLLP also requires developments be assessed against policies DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development). Given the scale and nature of the development DSP1, DSP2 and DSP3 are not relevant in this instance.

8.4 Policy DSP4 is of relevance which seeks a high quality of development ensuring that

proposals are well designed and safeguard the amenity of neighbouring properties and take account of transportation issues. It is considered that the proposed change of use from residential to office can be accommodated at this location without detriment of the amenity of the neighbouring properties. The proposals seeks to operate the building as an office only and intend to operate in fairly typical office hours and will therefore not introduce any activity or vehicle movements at times that would be considered unsuitable in a residential setting. Furthermore the proposals seek to introduce additional parking to the rear of the property that will adequately service the use and therefore will minimise the impact of the development on the street and wider road network. In terms of the Town and Country Planning (Use Classes) (Scotland) Order 1997 Class 4 Business Use as an office is considered to be a use which can be carried on in any residential area without detriment to the amenity of that area. It is therefore considered that the proposed development will integrate successfully into the local area and avoid harm to the neighbouring amenity of the neighbouring residential properties adjacent whilst being compatible with the adjacent commercial premises to the other side and thus will relate well to the existing context which is that of a mix of residential and commercial premises in accordance with the requirements of policies HCF1a and DSP4 of the North Lanarkshire local Plan.

8.5 Consultations: Pollution Control has no objection to the development. 8.6 Representations: In terms of the objections raised, I would offer the following comments:

The latest neighbour consultant date is stated as 9th May and we first received notification of this proposed change on the 12th May.

Response: The neighbour notification was sent out to neighbouring properties dated the 9th May 2018 and required that any comments be submitted within 21 days of that correspondence (by 30th May 2018). Whilst it is accepted that the notification was only received on the 12th May due to mailing it is still considered that sufficient time is allotted to enable comments to be made before the 30th May deadline.

The property in question is a residential property located in a residential area and its change to a commercial premises would be contrary to the Councils aims to provide more residential properties in North Lanarkshire.

Response: It is accepted that the proposal seeks a change of use of a residential dwelling to commercial office premises on a site that is zoned as residential in the North Lanarkshire local Plan. Each application is however considered on its own merits and as noted in the assessment in paragraphs 8.2 to 8.4 above it is considered that the proposed use can be accommodated at this location without significant detriment to neighbouring properties and conditions are recommended to limit any potential impacts on amenity.

The proposals may affect the selling potential and future value of neighbouring properties. Response: The selling potential and impact on value of a neighbouring property are not material planning considerations in the assessment of development.

The proposals will have a detrimental impact on the private and quiet gardens of neighbouring properties that are frequently used to the detriment of residential amenity. A previous decision to refuse an extension of a neighbouring property given concerns in relation to privacy should also be noted.

Response: It is not considered that the proposed development will have a significant impact on neighbouring residential amenity as noted in the assessment in paragraphs 8.2 to 8.4 above. The proposed use and confirmed hours of operation can be accommodated in the area and is considered to relate well to the existing context which is that of a mix of residential and commercial premises. Furthermore conditions are recommended to limit the hours of operation to weekdays within normal office hours and no working on weekends and a

condition is also added to require details of a 2m high screen fence to be provided on the northern boundary that would further reduce any potential impact of the proposals.

The proposed parking area will result in pollution with car fumes etc. Response: It is not considered that the proposed development will result in a significant increase in pollution or fumes sufficient to warrant refusal of the application in this instance. Furthermore it should be noted that the area could be altered to provide additional parking for a residential use without the requirement for planning consent.

The plans do not confirm what will happen with the garden area to the rear of the proposed parking area and there are concerns that it would not be maintained by the applicant.

Response: It would be the applicant’s responsibility as land owner to maintain all the associated land within the curtilage of the site.

The proposals will have a detrimental impact on grandchildren two of whom have special needs and they couldn’t cope with the noise and traffic associated with the use.

Response: As noted in paragraphs 8.2 to 8.4 above it is considered that the proposals can be accommodated without significant detriment to neighbouring properties in terms of their residential amenity.

The proposals pose a security risk given it would result in commercial premises located directly to the rear of our property.

Response: It is not considered that the proposed change of use will pose any undue additional safety risk to neighbouring residential dwellings being in an area that is typified by both commercial and residential properties. Furthermore a condition is added to require details of a 2m high screen fence on the northern boundary which will further enhance the security of the rear of the application site and adjacent properties.

There are other more appropriate office space available within the NLC area such as Saline St and Rochsoloch which would be more appropriate for the proposed use.

Response: Whilst there may be other available premises within the NLC area the applicant has submitted an application for the property subject to the assessment of this application. As noted above it is considered that in this instance and given the particular use proposed and recommended planning conditions the proposal can be accommodated at this location and is considered to be an acceptable ancillary use compatible with both the existing residential and commercial premises either side.

The likely increase in traffic and concerns that the company operates 24/7 and 7 days a week which would disturb residents adjacent to the premises.

Response: The applicant has confirmed the hours of operation for the offices and conditions are recommended to limit the hours of operation to weekdays within normal office hours and no working on weekends which is considered to minimise noise and disturbance for neighbouring properties. Furthermore, it is not considered that the premises would increase traffic in the area sufficient to warrant refusal of the application in this instance.

Noise and disturbance associated with the works required to form the parking area. Response: It is not considered that the proposed temporary works for the formation of the rear parking area will cause significant noise and disturbance sufficient to warrant the refusal of the application in this instance.

Additional people in the area that can look in neighbouring properties.

Response: It is not considered that the proposed development will significantly increase the number of people in the area or would result in additional overlooking of neighbouring properties.

Issues with on-street parking.

Response: The proposed development includes off-street parking provision to the rear at with enough spaces to service an office use as proposed.

9. Conclusions 9.1 The proposed development is considered to be acceptable in terms of the North Lanarkshire

Local Plan and policies HCF1A and DSP4 as it is considered that the development can be accommodated at this location without detrimental impact on the surrounding residential amenity and is an acceptable ancillary use compatible with both the existing residential and commercial premises either side and will relate well to the existing context which is that of a mix of residential and commercial premises. Accordingly, it is recommended that planning permission be refused for the reasons noted above.

Documents

North Lanarkshire Council · 2018. 6. 6. · Motherwell Refuse 18/00002/MSC Persimmon Homes North Scotland /Hallam Land Management Construction of 62 dwellings and Associated Works,