North Lanarkshire Council · Grant (P) Grant (P) Grant Grant Grant Refuse 2 . 43 55 60 66 72 79 85 S/07/01534/FUL Cala Management Ltd S/08/01499/HSC William Grant & Sons Distillers

North Lanarkshire

Council

P I an n i n g A p pl ica t ion s for cons id era t io n of Planning and Transportation Committee

Committee Date : 12'h March 2009

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

1

APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE 12'h March 2009

Page No 4

13

21

27

32

37

Application No. Applicant Development/ Locus

N/08/01695/MIN Bilfinger Berger UK Upfilling of Land in Connection with Adjacent Motorway Works Land To The West Of Dobbies Garden Centre Cumbernauld

N/08/01696/MIN Farrans Construction Upfilling of Land in

N/09/00047/FUL Laszlone Andrea Gyuris

N/09/00057/FUL Mr Douglas Hutton

N/09/00125/FUL Vodafone (UK) Ltd

C/09/00086/FUL Miss Elaine Smith

Connection with Adjacent Motorway Works Land To The North East Of Dunnswood Sewerage Works Cumbernauld

Siting of a Snack Van Site Adjacent To Boolean House Napier Park Ward park Cumbernauld

Change of Use From Hairdressing Salon to Hot Food Takeaway/Delicatessen Shop Unit 4 5 Main Road Condorrat Cumbernauld

Erection of 14.43m High Slim Line Telecommunications Pole and Associated Equipment Cabins Site Adjacent To Maclehose Road Kildrum Road Kildrum Cumbernauld

Change of Use of Open Space to Garden Ground at Land Adjacent To 106 Greengairs Road Greengairs

Recommendation

Grant (P)

Grant (P)

Grant

Grant

Grant

Refuse

2

43

55

60

66

72

79

85

S/07/01534/FUL Cala Management Ltd

S/08/01499/HSC William Grant & Sons Distillers Ltd

S/08/01517/FUL Mr & Mrs K Melia

S/08/01639/FUL Paul Hewitt

S/08/01751/FUL John G. Baillie

S/09/00083/FUL Niall & Alison McLaren

S/09/00131/FUL Richard Holding

Erection of 228 Residential Grant Dwellings (1 28 Detached Units and 100 Flatted Dwellings) with Associated Roads, Car Parking and Landscaping Motherwell College, Dalzell Drive, Motherwell

Hazardous Substances Grant Consent William Grant & Sons Ltd Phoenix Crescent Strathclyde Business Park Bellshill

Upper Floor Extension to Refuse Dwellinghouse Request for Site 9 lnchgower Place, Carfin Visit & Hearing

Change of Use from Grant Bathroom Showroom/Sales Office to lnternet Cafe 802 Old Edinburgh Road Uddingston

Erection of Detached Grant (P) Dwellinghouse Branchalburn, Branchal Road, W ishaw

Erection of a Two Storey Side Extension 2 The Cuillins, Calderbraes Uddingston

Grant

Siting of a Mobile Snack Van Grant Block 10 Unit 3, Sandyford Avenue, Newhouse Ind Est Motherwell

(P) N/08/01695/MIN If granted, refer to Scottish Ministers; Section 75 Required. N/08/01696/MIN If granted, refer to Scottish Ministers; Section 75 Required. S/08/01751/FUL If granted, Section 75 Required

3

Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

N/08/01695/MIN

12th January 2009

Bilfinger Berger UK 50 Deerdykes View Cumbernauld G68 9HN

Upfilling of Land in Connection with Adjacent Motorway Works

Land To The West Of Dobbies Garden Centre Cumbernauld G67 1QW

2 - Cumbernauld North: Councillors Chadha, McCulloch, Murray and O’Brien

276604676431

N/08/0 1 695/M I N

The site is identified as Significant Open Space in the Cumbernauld Local Plan 1993

No

Transport Scotland (Comments) British Gas (Comments)

No letters of representation received.

Advertised on 21 st January 2008

Recommendation: Approve Subject to the Following Conditions:-

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

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

That all depositing of materials shall cease within 2 years from the date of commencement of the development.

Reason: To accord with the submitted details and to give the Planning Authority the opportunity to review their position.

2.

4

NO8dJ1695/MIN

Land to the west of Dobbies Garden Centre Cumbernauld UpfNing of Land in connection with Adjacent Motntway Works

12,5to Biiftnger Berger UK

5

3. That the site shall be restored to final contour levels as specified in the approved cross sections (or such other levels as may be approved in writing by the Planning Authority), no later than 6 months after the cessation of the deposit of materials.

Reason: To accord with submitted details and to ensure the timeous restoration of the site.

4. That the operators shall at all times deal with the areas forming the subject of this consent in accordance with the application form, plans as stamped approved, and other supporting information, except as amended by the terms of the approval hereby given and shall omit no part of the approved operations and shall not amend the development without the prior written consent of the Planning Authority.

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

5. That the materials deposited on the application site shall only be sourced from the associated on- line phase of the M80 Stepps to Haggs motorway construction works and shall consist solely of subsoil and topsoil; or such other scheme as may be agreed in writing by the Planning Authority.

Reason: In order to define the permission and ensure that there is no impact on local roads and communities through the transportation of materials and to ensure that materials contribute to the nature conservation enhancement of the site.

6. That there shall be written instructions to all transport contractors that vehicle routing to the site shall only be via the Old Inns A80 junction and that all vehicles exiting the site shall turn right.

Reason: In order to minimise the impact on local roads and communities caused by the transportation of materials.

7. That the connection to Eastfield Road shall be via a junction type access a minimum of 7.3m wide with 12m corner radii, surfaced for its entire width and for a minimum of 15m into the site; details of the required access shall be submitted to and approved by the Planning Authority prior to works commencing.

Reason: In the interests of road safety by ensuring that the access is to an appropriate standard.

8 That a visibility splay of 4.5 metres by 120 metres within the application site, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is commenced, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of road safety by ensuring that there is satisfactory visibility at the proposed access.

9. That a drive through wheel wash shall be provided at the end of the surfaced area of access: details of the required wheel wash shall be submitted to and approved by the Planning Authority prior to works commencing.

Reason: In the interests of road safety by ensuring that procedures are in place to minimise mud being deposited on the road.

That an off-road hard standing parking area shall be provided to cater for all operators and visitors with this area being kept available for parking and manoeuvring purposes; details of the required hard standing area shall be submitted to and approved by the Planning Authority prior to

10.

6

works commencing.

Reason: In the interests of road safety by ensuring that there is satisfactory on-site parking provision.

That on the completion of works, including restoration, the access shall be removed and the road verge shall be reinstated to the satisfaction of North Lanarkshire Council as Roads and Planning Authority.

Reason: In the interests of road safety and the open space amenity of the area by ensuring that the redundant access is removed and the site reinstated.

11.

12.

13

14.

15.

16.

17.

18.

That boundary drainage shall be provided to ensure that water does not shed onto adjacent roads and footpaths.

Reason: In the interests of road and pedestrian safety by ensuring that roads and footpaths do not have surface water run off from the application site either during or after operations.

That there shall be no development on adjacent land not associated with the motorway construction, including the siting of soil mounds, formation of drainage ditches etc and such areas shall be protected by fencing of a specification to be agreed in advance of the commencement of work on site by the Planning Authority.

Reason: In the interests of nature conservation and local amenity.

That should the approved protected species survey be more than 12 months out of date prior to the commencement of works an updated protected species survey shall be submitted to and approved by the Planning Authority.

Reason: To ensure that protected species are not adversely affected by the proposed development.

That any ecological mitigation measures described in the approved protected species survey shall be implemented in full.


That before any part of the site is deposited on, is traversed by heavy vehicles or machinery (except for the purpose of stripping that part), or is used for the stacking of subsoil or overburden, all available topsoil shall be stripped from that part of the site; topsoil and subsoil for use in the site restoration shall be stored in separate mounds.

Reason: In the interests of soil management and effective afteruse.

That prior to the commencement of any earthworks within the site, secure fencing of a specification, height, style and position to be agreed in advance by the Planning Authority shall be erected around the perimeter of the working area of the site.

Reason: In the interests of public safety.

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 for the duration of the upfill works and thereafter shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled "Drainage Assessment: A Guide for Scotland" and any other advice

7

subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP).

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

19. That measures shall be taken to ensure that drainage from areas adjoining the site is not impaired or rendered less efficient by the operations hereby permitted, and adequate precautions shall be taken to prevent the pollution of ditches, watercourses and drains within and adjacent to the site to the satisfaction of SEPA and the Planning Authority.

Reason: In the interests of water management and to prevent pollution of natural watercourses.

That all contaminated water on site shall be treated in the appropriate water treatment areas prior to discharge into any watercourse in accordance with a detailed scheme which shall be submitted to the Planning Authority for approval, in consultation with SEPA, prior to the commencement of development. The water treatment facilities shall be of adequate capacity to cater for the likely maximum volume of contaminated water, and to control the discharge flow into any watercourse in accordance with the requirements of SEPA.

20.

Reason: In the interests of protecting the local water regime.

21. That except where stored in double skinned tanks any oil, fuel, lubricant, paint or solvent stored within the site shall be provided with a suitable bund or other means of containment for 11 0% of the storage capacity, and with no passive means of drainage.

22.


That prior to the commencement of development a detailed restoration scheme based on the proposals illustrated in Indicative Restoration Proposals shall be submitted to the Planning Authority for approval. That scheme shall include, but not be limited to: (i) a full description of the methodologies to be used in reinstating the various types of habitat (ii) a timetabled schedule of works (iii) details of the extent, species, type and size of trees and hedging to be planted as part of the restoration of the site, and (iv) details of any reinstated wetland/ ponds.

Reason: To enable the Planning Authority to consider these matters in detail and to ensure satisfactory restoration.

23. The Restoration Plan shall be implemented in accordance with the timetable approved under condition 22 above.

Reason: To ensure the reinstatement of the site within a satisfactory timescale in the interests of amenity.

24. That, notwithstanding condition 22 above, the following conditions shall be observed in the restoration of the site to the satisfaction of the Planning Authority: (a) following the replacement of overburden, and before the replacement of subsoil, the upper layers of the overburden shall be rooted and cross-rooted to a depth of 500mm, with boulders and stones exceeding 250mm in one dimension being removed from the site or buried on the site at a considerable depth; (b) all available subsoils shall be re-spread evenly in separate layers of 300mm depth and each layer shall be rooted and cross-rooted, with boulders and stones exceeding 150mm in one dimension being removed;

8

25.

26.

27.

28.

29.

30.

(c) all subsoil areas which have been used for the storing of other subsoil or topsoil shall be rooted and cross-rooted in a similar manner to (b) above; (d) following the replacement of subsoil, all available topsoil shall be re-spread evenly to achieve the final level and configuration, and shall be rooted and cultivated as required with all stones exceeding 1 OOmm in one dimension being removed; and (e) all operations involving subsoil and topsoil replacement and cultivation shall only be carried out when the full volume of soil involved is in a suitably dry soil moisture condition to minimise soil damage and to maximise the effects of the rooting operations.

Reason: In the interests of sound soils management.

That in the areas identified in the restoration plan for woodland planting, soils shall be loosely tipped with subsequent spreading by a backacting excavation.

Reason: To ensure suitable woodland planting conditions.

That upon cessation of the importation of materials, all settlement ponds that are not to be reinstated to water based features shall be emptied of slurry, filled with dry inert material and restored, and all areas of hardstanding shall be broken up and restored.

Reason: In the interests of effective land management and reinstatement.

That within two months of the completion of the restoration of the site, all fixed equipment, plant, machinery and buildings shall be removed from the site.

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

That before development starts a 5 year aftercare scheme shall be submitted to the Planning Authority for approval, and the scheme shall specify such steps as may be necessary to maximise the nature conservation value of the site.

Reason: In the interests of local nature conservation.

That the requirements of condition 28 above shall be carried out in accordance with the agreed timescale and shall be managed to the satisfaction of the Planning Authority in accordance with the agreed prescriptions during the relevant aftercare period.

Reason: In the interests of nature conservation.

That there shall be no means of direct access to the A80 trunk road, either pedestrian or vehicular.

Reason: As directed by Transport Scotland in order to minimise interference with the safety and free flow of the traffic on the trunk road.

NOTE TO COMMITTEE:

If the Committee accepts the above recommendation, the planning permission should not be issued until an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the applicant in respect of a restoration bond and the limiting of the deposited materials to materials from the associated on line phase of the M80 Stepps to Haggs motorway construction works.

9

Background Papers:

Application form and plans received 9th December 2008

Letter from Transport Scotland received 17th February 2009 Letter from British Gas received 27'h January 2009

Memo from Head of Protective Services received 5th February 2009

Cumbernauld Local Plan 1993 Finalised Draft North Lanarkshire Local Plan

Any person wishing to inspect these documents should contact Mr Martin Dean at 01236 616466.

Date; 27'h February 2009

10

APPLICATION NO. N/08/01695/MIN

REPORT

1.

1.1

1.2

1.3

2.

2.1

2.2

2.3

3.

3.1

3.2

3.3

3.4

Description of Site and Proposal

The application is for upfill by up to 2m of a l . l h a site immediately adjacent to the A80 to the west of the Dobbies Garden Centre, Cumbernauld. The works are associated with the adjacent upgrade of trunk road to motorway. Vehicular access is via Eastfield Road. It is anticipated that the upfill operation will take 18 months and that a further month will be required for restoration.

The site is currently low lying open land surrounded by Dobbies on the east, Eastfield Road on the north, open land on the west and the A80 on the south. It is proposed that the site retains its general landform, albeit at a raised level. Restoration will create woodland cover and will be geared to improving wildlife habitat.

There is an associated application (N/08/01696/MIN) for M80 upfill works on a site to the north east of the Dunnswood Sewage Works, Cumbernauld.

Development Plan

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

The site is covered by a Significant Open Space policy (EN26) in the Cumbernauld Local Plan 1993. This policy presumes against development in open space except where the development provides for outdoor recreation, nature conservation or landscape protection.

The zoning of the site and policy position is not altered by the Finalised Draft North Lanarkshire Local Plan.

Consultations and Representations

Summaries of external consultation responses received are as follows. British Gas: No mechanical excavations should take place within 2m of the medium pressure gas pipeline which runs along the southern boundary of the site. Transport Scotland: No objection subject to the condition that there be no direct access onto the trunk road.

The Head of Protective Services has commented on noise, recommended working hours, dust prevention and possible contamination risk.

My Traffic and Transportation Team Leader has expressed a preference for access being directly from the M80 working site. If this is not practical conditions are recommended concerning details of the junction, sight lines, formation of a parking area, drainage and eventual removal of the junction.

There have been no representations against the proposed development.

11

1

4.

4.1

4.2

4.3

4.4

4.5

4.6

4.7

4.8

4.9

Plannina Assessment and Conclusions

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 is not of strategic significance and as such only requires to be assessed against the local plan. The relevant policy within the Cumbernauld Local Plan 1993 is Significant Open Space policy EN26. This policy presumes against development in open space except where the development provides for outdoor recreation, nature conservation or landscape protection. Restoration is geared towards improving the nature conservation importance of the site and, as such, the upfill proposal is considered to comply with this policy.

It is considered appropriate to regard the Finalised Draft North Lanarkshire Local Plan as a material planning consideration in view of its advanced stage of processing and there being no objections to the proposed policy covering the application site. The application site is covered by emerging local plan policy HCF 1 (Protecting Residential Areas and Community Facilities) which protects the open space “community facility” of the area. The development is considered to be consistent with this policy.

A recommended condition requires that additional SUDS compliant drainage information be provided. A Protected Species Survey has indicated that there are no protected species on the application site. A recommended condition requires that the site be resurveyed for protected species if the report is over 12 months out of date by the time that upfill commences.

Vehicle movements will be via Eastfield Road with it being established that it is not practical for operational reasons for vehicles to access the site via the motorway construction corridor. Appropriate conditions are recommended covering the access into the site from Eastfield Road.

It is considered that the proposed works, with associated reinstatement, will improve the nature conservation value of the site. At present the site only has limited nature conservation value. It is proposed that woodland be introduced which will create an improved wildlife habitat and will enhance the visual appearance of the site.

The applicants have confirmed that they are prepared to lodge a restoration bond via a Section 75 legal agreement. As discussions have taken place over a number of months concerning the bond it is considered appropriate in this case to base the bond sum via the previously approved method of a set figure of f30,000 per hectare rather than the recently introduced method of individual calculations. It is considered that this reflects the particular circumstances of this case and will not set a precedent. There is also the comfort of anticipating that using the previous simpler method of calculation will produce a higher bond sum than would be the case with the new system.

Taking account of the above factors it is recommended that a temporary planning permission be granted for the proposed upfill.

If the Committee accepts the above recommendation, the planning permission should not be issued until a Section 75 Legal Agreement is entered into in respect of a restoration bond and the limiting of the deposited of materials to those from the on-line phase of the M80 Stepps to Haggs motorway construction works.

12

Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

N/08/01696/MIN

12th January 2009

Farrans Construction 50 Deerdykes View Cumbernauld G68 SHN

Upfilling of Land in Connection with Adjacent Motorway Works

Land To The North East Of Dunnswood Sewerage Works Cum bernauld G67 1QW

4- Abronhill, Kildrum And The Village Councillors: Grant, lrvine & Johnston

278429677595

N/08/0 1 696/M I N

Contrary to Development Plan: No

The site is identified as Significant Open Space in the Cumbernauld Local Plan 1993

Consultations: Transport Scotland Scottish Water Scottish Power

Representations: No letters of representation received.

(Comments) (No Objections) (No Objections)

Newspaper Advertisement: Advertised on 21st January 2009

13

~ ~ 1 6 2 ~ M I N

Em E<*+-- Farrane Con@ructron =--: h a Land to the North East of

Dunnswood Sewerage Works Cumbernauld Upfilling of Land in Connection with Adjacent Motoway Works

14


1.

2.

3.

4.

5.

6.

7.

8.

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


That all depositing of materials shall cease within 2 years from the date of commencement of the development.

Reason: To accord with the submitted details and to give the Planning Authority the opportunity to review their position.

That the site shall be restored to final contour levels as specified in the approved cross sections (or such other levels as may be approved in writing by the Planning Authority), no later than 6 months after the cessation of the deposit of materials.

Reason: To accord with submitted details and to ensure the timeous restoration of the site.

That the operators shall at all times deal with the areas forming the subject of this consent in accordance with the application form, plans as stamped approved, and other supporting information, except as amended by the terms of the approval hereby given and shall omit no part of the approved operations and shall not amend the development without the prior written consent of the Planning Authority.


That the materials deposited on the application site shall only be sourced from the associated on- line phase of the M80 Stepps to Haggs motorway construction works and shall consist solely of subsoil and topsoil; or such other scheme as may be agreed in writing by the Planning Authority.

Reason: In order to define the permission and ensure that there is no impact on local roads and communities through the transportation of materials and to ensure that materials contribute to the nature conservation enhancement of the site.

That vehicular access to and from the site shall solely be from the adjacent motorway construction corridor; Written instructions shall be given to all drivers that routing to and from the site shall be via the trunk road and motorway network and shall not involve local roads, in particular Castlecary Road.

Reason: In order to ensure that there is no impact on local roads and communities through the transportation of materials.

That there shall be no development on adjacent land not associated with the motorway construction, including the siting of soil mounds, formation of drainage ditches etc and such areas shall be protected by fencing of a specification to be agreed in advance of the commencement of work on site by the Planning Authority.

Reason: In the interests of nature conservation and local amenity.

That should the approved protected species survey be more than 12 months out of date prior to the commencement of works an updated protected species survey shall be submitted to and approved by the Planning Authority.

15


That any ecological mitigation measures described in the approved protected species survey shall be implemented in full.

9.


10. That before any part of the site is deposited on, is traversed by heavy vehicles or machinery (except for the purpose of stripping that part), or is used for the stacking of subsoil or overburden, all available topsoil shall be stripped from that part of the site; topsoil and subsoil for use in the site restoration shall be stored in separate mounds.

Reason: In the interests of soil management and effective afteruse.

That prior to the commencement of any earthworks within the site, secure fencing of a specification, height, style and position to be agreed in advance by the Planning Authority shall be erected around the perimeter of the working area of the site.

1 1.

Reason: In the interests of public safety.

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 for the duration of the upfill works and thereafter shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled "Drainage Assessment: A Guide for Scotland" and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP).

12.

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

13. That measures shall be taken to ensure that drainage from areas adjoining the site is not impaired or rendered less efficient by the operations hereby permitted, and adequate precautions shall be taken to prevent the pollution of ditches, watercourses and drains within and adjacent to the site to the satisfaction of SEPA and the Planning Authority.

Reason: In the interests of water management and to prevent pollution of natural watercourses.

That all contaminated water on site shall be treated in the appropriate water treatment areas prior to discharge into any watercourse in accordance with a detailed scheme which shall be submitted to the Planning Authority for approval, in consultation with SEPA, prior to the commencement of development. The water treatment facilities shall be of adequate capacity to cater for the likely maximum volume of contaminated water, and to control the discharge flow into any watercourse in accordance with the requirements of SEPA.

14.


That except where stored in double skinned tanks any oil, fuel, lubricant, paint or solvent stored within the site shall be provided with a suitable bund or other means of containment for 110% of the storage capacity, and with no passive means of drainage.

15.


16

16.

17.

18.

19.

20.

21.

22.

That prior to the commencement of development a detailed restoration scheme based on the proposals illustrated in Indicative Restoration Proposals shall be submitted to the Planning Authority for approval. That scheme shall include, but not be limited to: (i) a full description of the methodologies to be used in reinstating the various types of habitat (ii) a timetabled schedule of works (iii) details of the extent, species, type and size of trees and hedging to be planted as part of the restoration of the site, and (iv) details of any reinstated wetland/ ponds.

Reason: To enable the Planning Authority to consider these matters in detail and to ensure satisfactory restoration.

The Restoration Plan shall be implemented in accordance with the timetable approved under condition 16 above.

Reason: To ensure the reinstatement of the site within a satisfactory timescale in the interests of amenity.

That, notwithstanding condition 16 above, the following conditions shall be observed in the restoration of the site to the satisfaction of the Planning Authority: (a) following the replacement of overburden, and before the replacement of subsoil, the upper layers of the overburden shall be rooted and cross-rooted to a depth of 500mm, with boulders and stones exceeding 250mm in one dimension being removed from the site or buried on the site at a considerable depth; (b) all available subsoils shall be re-spread evenly in separate layers of 300mm depth and each layer shall be rooted and cross-rooted, with boulders and stones exceeding 150mm in one dimension being removed; (c) all subsoil areas which have been used for the storing of other subsoil or topsoil shall be rooted and cross-rooted in a similar manner to (b) above; (d) following the replacement of subsoil, all available topsoil shall be re-spread evenly to achieve the final level and configuration, and shall be rooted and cultivated as required with all stones exceeding 1 OOmm in one dimension being removed; and (e) all operations involving subsoil and topsoil replacement and cultivation shall only be carried out when the full volume of soil involved is in a suitably dry soil moisture condition to minimise soil damage and to maximise the effects of the rooting operations.

Reason: In the interests of sound soils management.

That in the areas identified in the restoration plan for woodland planting, soils shall be loosely tipped with subsequent spreading by a backacting excavation.

Reason: To ensure suitable woodland planting conditions.

That upon cessation of the importation of materials, all settlement ponds that are not to be reinstated to water based features shall be emptied of slurry, filled with dry inert material and restored, and all areas of hardstanding shall be broken up and restored.

Reason: In the interests of effective land management and reinstatement.

That within two months of the completion of the restoration of the site, all fixed equipment, plant, machinery and buildings shall be removed from the site.

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

That before the development starts a 5 year aftercare scheme shall be submitted to the Planning

17

23.

24.

Authority for approval, and the scheme shall specify such steps as may be necessary to maximise the nature conservation value of the site.

Reason: In the interests of local nature conservation.

That the requirements of condition 22 above shall be carried out in accordance with the agreed timescale and shall be managed to the satisfaction of the Planning Authority in accordance with the agreed prescriptions during the relevant aftercare period.

Reason: In the interests of nature conservation.

That there shall be no means of direct access to the A80 trunk road, either pedestrian or vehicular.

Reason: As directed by Transport Scotland in order to minimise interference with the safety and free flow of the traffic on the trunk road by ensuring that access is via the motorway construction corridor rather than directly onto the trunk road.

NOTE TO COMMITTEE:

If the Committee accepts the above recommendation, the planning permission should not be issued until an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the applicant in respect of a restoration bond, routing of vehicles solely within the motonnray construction corridor and the limiting of the deposited materials to materials from the associated on line phase of the M80 Stepps to Haggs motorway construction works.

Background Papers:

Application form and plans received 9th December 2008

Letter from Scottish Water received 5th February 2009 Letter from Scottish Power received 18th February 2009 Letter from Transport Scotland received 11 th February 2009

Memo from Head of Protective Services received 2nd February 2009

Cumbernauld Local Plan 1993 Finalised Draft North Lanarkshire Local Plan

Any person wishing to inspect these documents should contact Mr Martin Dean at 01236 616466.

Date; 27'h February 2009

18

APPLICATION NO. N/08/01696/MIN

REPORT

1.

1.1

1.2

1.3

2.

2.1

2.2

2.3

3.

3.1

3.2

3.3

3.4

4.

4.1


The application is for upfill by up to 2m of a 4.6ha site immediately adjacent to the A80 to the north east of Dunnswood Sewage Works, Cumbernauld. The works are associated with the adjacent upgrade of trunk road to motorway. Vehicular access is via the motorway roadworks. It is anticipated that the upfill operation will take 18 months and that a further month will be required for restoration.

The site is currently undulating open land surrounded on three sides by the Dunns Wood and on the fourth side by the A80. It is proposed that the site retains its general landform, albeit at a raised level. Restoration will create woodland cover with small ponds and will be geared to improving wildlife habitat.

There is an associated application (N/08/01695/MIN) for M80 upfill works on a site adjacent to the Dobbies Garden Centre, Eastfield Road, Cumbernauld.

Development Plan


The site is covered by a Significant Open Space policy (EN26) in the Cumbernauld Local Plan 1993. This policy presumes against development in open space except where the development provides for outdoor recreation, nature conservation or landscape protection.



Summaries of external consultation responses received are as follows. Scottish Water: No objections. Scottish Power: No objections. There is electricity apparatus on and in the vicinity of the site. Transport Scotland: No objection subject to the condition that there be no direct access onto the trunk road.

The Head of Protective Services has commented on noise, recommended working hours, dust prevention and possible contamination risk.

My Transportation Team Leader has no comments on the application as there is no adverse affect on local roads.

There have been no representations against the proposed development.

Planning Assessment and Conclusions

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.

19

4.2

4.3

4.4

4.5

4.6

4.7

4.8

4.9

4.10

The application is not of strategic significance and as such only requires to be assessed against the local plan. The relevant policy within the Cumbernauld Local Plan 1993 is Significant Open Space policy EN26. This policy presumes against development in open space except where the development provides for outdoor recreation, nature conservation or landscape protection. Restoration is geared towards improving the nature conservation importance of the site and, as such, the upfill proposal is considered to comply with this policy.

It is considered appropriate to regard the Finalised Draft North Lanarkshire Local Plan as a material planning consideration in view of its advanced stage of processing and there being no objections to the proposed policy covering the application site. The application site is covered by emerging local plan policy HCF 1 (Protecting Residential Areas and Community Facilities) which protects the open space “community facility” of the area. The development is considered to be consistent with this policy.

A recommended condition requires that additional SUDS compliant drainage information be provided. A Protected Species Survey has indicated that although there are badgers in the adjacent Dunns Wood there has been no sign of them or their setts on the application site. A recommended condition requires that the site be resurveyed for protected species if the report is over 12 months out of date by the time that upfill commences. It is not considered that the potential environmental issues raised by the Head of Protective Services are of overriding concern with this site which is located a considerable distance from the nearest dwellinghouse.

All vehicle movements associated with the importation of materials will take place within the motorway construction corridor and will not impact on local roads. Recommended planning conditions tie the development to the motorway construction operation. It should be noted that the proposed means of access complies with the requirement of Transport Scotland that there be no direct access onto the trunk road in that access is via the motorway construction corridor which will be immediately adjacent to the trunk road.

It is considered that the proposed works, with associated reinstatement, will improve the nature conservation value of the site. At present the site has a lesser value than adjacent land with the adjacent Dunns Wood being designated as a Site of Nature Conservation Value. It is hoped that the proposed works will improve the wildlife enhancing habitat to the extent that the application site will eventually match the nature conservation value of the land to the south and east.

The proposed upfill site has the advantage of allowing necessary deposit of surplus subsoil and topsoil from the motorway contract without the need for vehicle movements on local roads

The applicants have confirmed that they are prepared to lodge a restoration bond via a Section 75 legal agreement. As discussions have taken place over a number of months concerning the bond it is considered appropriate in this case to base the bond sum via the previously approved method of a set figure of f30,000 per hectare rather than the recently introduced method of individual calculations. It is considered that this reflects the particular circumstances of this case and will not set a precedent. There is also the comfort of anticipating that using the previous simpler method of calculation will produce a higher bond sum than would be the case with the new system.

Taking account of the above factors it is recommended that a temporary planning permission be granted for the proposed upfill.

If the Committee accepts the above recommendation, the planning permission should not be issued until a Section 75 Legal Agreement is entered into in respect of a restoration bond, routing of vehicles solely within the motorway construction corridor and the limiting of the deposited of materials to those from the on-line phase of the M80 Stepps to Haggs motorway construction works.

20

N/09/00047/FUL Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations :


20th January 2009

Laszlone Andrea Gyuris 60 Muiffield Road Cumbernauld G68 OEX

Siting of a Snack Van

Site Adjacent To Boolean House Napier Park Ward park Cumbernauld G68 OBH

4 Abronhil1,Kildrum & the Village.Councillors GrantJohnston & lrvine

277493677024

N/09/00047/FU L

No relevant site history

Cumbernauld Local Plan 1993. Policies 187 and IBI- Industrial Areas apply

No

2 letters of representation received.

Advertised on 4th February 2009


1. That the permission hereby granted is for a temporary period only and shall expire on 31 December 2010.

Reason: To enable the Planning Authority to re-assess the permission with particular regard to the potential impact of increased vehicular movements within the immediate area on surrounding businesses.

That the snack van hereby permitted shall be off the site out with the hours of 7.30am and 6.30pm.

Reason: To enable the snack van to trade during standard working hours and to restrict the snack van being a permanent feature at this site.

That the snack van hereby permitted shall be located at the end of Napier Park as illustrated on the approved plan and for the avoidance of doubt, is shall face the public footpath to the south.

2.

3.

21

12,5W

22

4.

5.

Reason: To encourage customers to stand on the public footpath whilst being served for the purposes of pedestrian safety.

That there shall be no remote signage advertising the snack van.

Reason: In the interests of the amenity of the area by preventing obtrusive detached signage.

That a bin shall be provided on the public footpath of which the snack van will face.

Reason: For the collection of refuse and in the interests of the visual amenity of the surrounding area.

Background Papers:

Application form and plans received 19th January 2009

Letter from Nallatech, Boolean House, 1 Napier Park, Cumbernauld, G68 OBH, received 28th January 2009. Letter from Andrew Tough, Strathkeen Properties, 1st Floor, 4 Bradford Court, Drumkeen Retail Park, Belfast, BT8 6RB received 26th January 2009.

Cumbernauld Local Plan 1993 Finalised Draft North Lanarkshire Local Plan.

Any person wishing to inspect these documents should contact Ms Erin Louise Deeley at 01236 616464.

Date: 27 February 2009

23

APPLICATION NO. N/09/00047/FUL

REPORT

1.

1.1

1.2

2.

2.1

2.2

2.3

3.

3.1

3.2

DescriPtion of Site and ProPosal

This application is for the siting of a snack van at the end of Napier Park, a private no through road at Wardpark Industrial Estate, Cumbernauld.

Napier Park is one of the roads served off the nearby roundabout that also leads to Westway Retail Park, Napier Road and Castlecary Road. Napier Park serves a two storey office block and two small single storey offices with associated parking. There is also an adjacent overspill car park that is unused and currently has a mound of earth obstructing the access. It is understood that this is to restrict caravan travellers who have been known to utilise the car park. Beyond the limit of Napier Park is industrial land owned by the Council.

Development Plan

This proposal raises no strategic issues and can therefore be assessed against local plan policies.

In the Cumbernauld Local Plan 1993, the site lies within a defined industrial and business location. Industrial and business policies seek to safeguard the site from non industrial and inappropriate uses.

The zoning of this site is unaffected by the Finalised Draft North Lanarkshire Local Plan

Consultations and ReDresentations

My Traffic and Transportation Team Leader was consulted and has no objections to the proposal subject to a condition being imposed requiring the snack van to face in a southerly direction towards the public footpath in the interests of pedestrian safety. A condition has been attached that reflect this.

Two letters of objection have been received and the points can be summarised as follows:

0 There is no need to site a snack van at this location. Napier Park only serves the existing office blocks. The snack van will be depending on passing drivers for revenue, resulting in an increase of vehicles being parked on the road.

Comment: In addition to the office block, staff and customers of the nearby Westway Retail Park and other industriaVbusiness sites could be prospective customers of such a snack van. It is conceded that because of the location, the majority of customers would arrive by car or industrial vehicle. As the overspill car park is obstructed by a mound of earth, it is anticipated that vehicles will park on the public road or in the office block car park. The case officer observed on two site visits that the car park was never at capacity. My Traffic and Transportation Team Leader has not raised potential parking problems as an issue in his consultation response. Given these circumstances and the fact that the road serves a small business development, it is considered that any increased vehicular movements and temporary parking requirements would not result in significant disruption or create a road safety hazard. It should be noted that Napier Park and the car park associated with the office blocks is privately owned so irrespective of planning consent being granted, the owners may prohibit the siting of a snack van should they so desire.

24

0 The only turning point for vehicles is the proposed location of the snack van. This will mean vehicles using the office block car park in order to turn and exit Napier Park. This will obstruct access and be a nuisance for car park users, especially when larger industrial vehicles are involved.

Comment: There is the ability for larger vehicles to turn by means of using the access and car park that serves the office blocks. It is conceded that this is not ideal however my Traffic and Transportation Team Leader has not raised manoeuvrability provision as a concern although it may at times inconvenience users of the car park. This point of objection is not considered so significant as to warrant recommending refusal of this application. It should however be noted that if consent is granted, it will be for a temporary period during which time monitoring exercises by the case officer will take place. Thereafter, my Planning Service will re-asses the potential affects of increased vehicular movements and manoeuvrability at Napier Park through the planning application process.

0 The increase of vehicular traffic from customers of the snack van may restrict the access to the office block car park and thus compromise the ability of emergency vehicles accessing the site.

Comment: There is no evidence to suggest that the snack van and associated customers with vehicles will hinder emergency vehicles accessing the office block.

0 Such a snack van may encourage caravan travellers back to this site. Large numbers of caravans have caused a nuisance in the past with regard refuse and access restrictions into the office block car park.

Comment: My Planning Service is aware of caravan travellers utilising the overspill car park in the past. There is no reason to believe that the snack van will encourage the travellers to return. If large numbers of caravans were to return, this would be a separate issue.

0 The snack van will produce waste that will no doubt be discarded onto Napier Park thus impacting on the attractiveness of the immediate area.

Comment: A condition has been attached requiring the provision of a bin for the deposit of refuse. However it should be noted that my Planning Service cannot control the actions of individuals discarding refuse at this site or any other site and as such, this is not considered a reason to warrant refusal of this application.

4. Planninn Assessment and Conclusions

4.1 In terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, planning applications must be determined in accordance with the relevant development plan unless material considerations indicate otherwise.

4.2 In this case, the snack van is providing an ancillary service for workers and customers of the industrial area. Snack vans are common throughout industrial locations in North Lanarkshire.

It is anticipated that the snack van will generate a degree of traffic. This may range from cars to industrial size lorries. It is considered that the latter may not easily negotiate the no through road because of the manoeuvring that would be required to exit Napier Park. However neither this or an increase of vehicles parking on the public road and in the private car park is of concern to my Traffic and Transportation Team Leader. It is difficult to fully foresee to what extent the additional traffic generation will impact on the users of the office buildings and as such, a temporary consent is proposed so that the development can be monitored and reassessed. It

4.3

25

should be noted that the case officer visited two other snack vans in the Cumbernauld area and there were no more than 3 vehicles parked for a temporary period of time.

Napier Park and the associated office blocks and car park are privately owned. Even if planning consent is granted, the owners could prohibit the snack van from being sited there should they so wish.

4.4

4.5 A condition has been imposed requiring the provision of a bin in attempt to keep the surrounding area tidy. Another condition preventing remote signage will confine the development to the approved location and prevent detached obtrusive clutter.

4.6 It is considered that snack vans in general, are acceptable in industrial areas and that a temporary permission will allow particular parking and manoeuvring issues at the site to be assessed.

4.7 Having taken account of the Development Plan, all relevant material planning considerations and the merits of this case, I recommend that a temporary consent of 2 years be granted.

26


Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


22nd January 2009

Mr Douglas Hutton 16B Main Road Condorrat Cumbernauld G67 4BS

Change of Use From Hairdressing Salon to Hot Food TakeawaylDelicatessen Shop

Unit 4 5 Main Road Condorrat Cumbernauld G67 4BT

3 Cumbernauld South - Councillors Carrigan, Goldie, Homer and McElroy

273537673314

N/09/00057/FUL

Policy SH4 (Shopping, District Centres) Cumbernauld Local Plan 1993

No

No external consultations required

3 letters of representation received.



1.

2.

3.



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

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

That before the hot food take-away I delicatessen shop hereby permitted is brought into use, further details shall be submitted showing any external flue or ventilation which is required and showing the proposed floor plan.

Reason: To safeguard the residential amenity of the area.

27

28

Background Papers:

Application form and plans received 21st January 2009

Letter from Hazel Sears, Regional Director of Halliday Fraser Munro, Stanhope House, Stanhope Place, Edinburgh, EH12 5HH on behalf of an unnamed local resident, received 18th February 2009.

Letter from Andrew Tang, Golden Bowl, 16E Main Road, Condorrat, Cumbernauld, G67 4BS, received 24'h February 2009.

Letter from Fai Tsang, Jade House, 5 Main Road, Condorrat, Cumbernauld, G67 4BS, receive 24'h February 2009.

Cumbernauld Local Plan. 1993

Finalised Draft North Lanarkshire Local Plan, 2008

Any person wishing to inspect these documents should contact Ms Jennifer Thomson at 01236 616473.

Date: 4 March 2009

29

APPLICATION NO. N1081014341FUL

REPORT

1.

1.1

1.2

2.

2.1

2.2

2.3

3.

3.1

3.2

3.3

3.4


The application is for the change of use from a hairdressing salon to a hot food takeaway / delicatessen shop at Unit 4, 5 Main Road, Condorrat, Cumbernauld. The applicant has advised that the takeaway / delicatessen will sell baked potatoes, chips, baguettes and delicatessen style food and will be open from 12 noon to 1 lpm, 7 days per week.

The application site is part of an established row of shops in the centre of Condorrat Village. There is a Chinese takeaway in the adjacent unit, Indian takeaway and bookmakers at the end of the row. The Spar supermarket is immediately to the north. The row of shops faces the entrance to a large public car park serving the centre of Condorrat.

Development Plan


In the Cumbernauld Local Plan, 1993 the site lies within an area designated for retail purposes and is covered by Policy SH4 (Shopping, District Centres)



No external consultations were deemed to be necessary.

My Traffic and Transportation Team Leader has no objections, although requested a Transport Assessment form to be completed in order to assess the change in usage in the adjacent car park from usage during the day to usage in the evenings. It was not felt that this was relevant for this application since the other two hot food takeaways in the adjacent units would appear to operate without resulting in any evening parking issues. Furthermore, no concerns were raised regarding lack of parking at this location.

My Protective Services Section were consulted but no comments have been received.

Three letters of representation was received, the first from Hazel Sears of Halliday Fraser Munro Planning on behalf of an unnamed local resident. This raised the following concerns:

0 The establishment of a hot food shop in Condorrat District Centre would result in the loss of a facility currently providing a local service. This is contrary to Policy SH4.

Comments: The application has been assessed against Policy SH4 which states that: ‘there will be a presumption against further changes of use for offices and hot food shops, unless the District Council is satisfied that there would be no loss to residential amenity and suitable parking facilities would be available’. It is considered that since there is a large capacity public car park immediately adjacent to the application site and the closest residential property is approximately 50 metres away, the proposal is not contrary to this policy. The loss of the hairdressers is regrettable, but this is a commercial decision. A refusal of permission would not guarantee that it would remain open.

0 It would increase and intensify the potential detrimental impacts created by the existing comparable business operations on the environmental amenity of neighbouring residential properties and the surrounding area in general, such as noise, litter and traffic congestion.

30

3.5

4.

4.1

4.2

4.3

4.4

4.5

4.6

4.7

Comments: It is accepted that the number of hot food takeaways will be increased by the proposal; however, it is not felt that an additional hot food shop in this location will significantly add to levels of noise, litter or traffic congestion. There is sufficient parking and residential properties are sufficiently distant so as not to be affected by evening traffic.

0 There is limited on-street parking provision nearby. Policy TRlO presumes against development which would substantially affect the surrounding area because of car parking or traffic generation implications.

Comments: It is considered that the adjacent car park provides adequate parking for this development. Policy TRI 0 is not therefore relevant.

Two letters of representation covering the same points of objection as above were received from neighbouring businesses.

Planninn Assessment and Conclusions

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 site is situated within an area designated for shopping in the Cumbernauld Local Plan, 1993 and is covered by policies SH2, SH4 and SH8. Policy SH2 states a presumption in favour of retail development within or adjacent to the district centres, providing it is appropriate in scale and character. Policy SH4 presumes against further changes to hot food takeaways in Condorrat unless certain criteria can be met, namely that: “there would be no loss to residential amenity and suitable parking facilities would be available”. Policy SH8 states that: “the Council will seek to improve the environment of the existing Town Centre and District Centres.” It is felt that the proposal meets these criteria and is, therefore not contrary to policy.

The proposal is considered to be broadly acceptable in that the use will be of an appropriate scale and character and will not adversely impact on residential amenity or parking. Other hot food uses are established at this location therefore the proposal will not be incompatible with existing uses in this village centre location.

It is considered appropriate to regard the Finalised Draft North Lanarkshire Local Plan as a material planning consideration in view of its advanced stage of processing and there being no objections to the proposed policies covering the application site. In this respect emerging local plan policy RTC 3 (Assessing Retail and Town Centre Development - Development Outside the Town Centre Network) is relevant in that it states that: “Planning permission will only be granted for potential Bad Neighbour developments where it can be demonstrated by the applicant that amenity will not be adversely affected. Assessment of proposals will also take account of the cumulative impact of such developments.” It is considered that the proposal is in keeping with this emerging local plan policy as local amenity will not be adversely affected. Also that the cumulative impact of the change of use with the existing Chinese and Indian Takeaways will be acceptable in terms of parking and evening activity.

It is accepted that having a variety of different shops and services is preferable in local shopping centres, however the adverse impact of a reduced range of services for the village as a whole is not considered be sufficient to justify refusal of this application.

Since the proposed hot food takeaway will not have an adverse impact on residential amenity and the location is suitable in terms of parking, pedestrian and public transportation access, it is considered to be an acceptable use in this village centre unit.

Having taken account of the Development Plan and all relevant material considerations it is recommended that approval be granted for a change of use from hairdressing salon to hot food takeaway and delicatessen shop.

31


Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

5th February 2009

Vodafone (UK) Ltd Clo Agent

Mono Consultants 48 St Vincent Street Glasgow G2 5TS

Erection of a Telecommunications Monopole (14.43m High) and Associated Equipment Cabins

Site Adjacent To Maclehose Road Kildrum Road Kildrum Cum bernauld

4 Abronhill, Kildrum And The Village - Councillors: Grant, lrvine and Johnston

273103673587

N/09/00125/FUL

Site History:

Development Plan:


Consultations:

Representations:

Newspaper Advertisement: Not Required

Policy HG4 (Residential Amenity) Cumbernauld Local Plan, 1993

No letters of representation received.


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


2. In event that the equipment hereby approved becomes redundant it shall be removed and the site reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure the restoration of the site to a satisfactory standard.

32

9

I

33

3.

4.

5.

6.

That the monopole telecommunications mast and associated equipment hereby permitted shall be finished in green.

Reason: To minimise the visual impact of the development on the surrounding area.

That the proposed Armco safety barrier shall be offset a minimum of 600mm from the road edge and before the development hereby permitted starts amended plans clearly showing the position of the barrier shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of traffic safety.

That the development shall be implemented in accordance with the details approved under the terms of condition 4 above.


That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: 49875D-001,49875D-002 and 49875D-003.


Background Papers:

Application form and plans received 5th February 2009

Cumbernauld Local Plan 1993

Finalised Draft North Lanarkshire Local Plan, 2008

Any person wishing to inspect these documents should contact Ms Jennifer Thomson at 01236 616473.

Date: 27th February 2009

34

APPLICATION NO. N1091001251FUL

REPORT

1.

1.1

1.2

1.3

2.

2.1

2.2

2.3

2.4

2.5

3.

3.1

3.2

3.3


This application seeks planning consent for the erection and installation of a telecommunications pole and associated apparatus on Kildrum Road, Cumbernauld, opposite Maclehose Road.

The site lies on the road verge opposite housing on Maclehose Road. It is approximately 30 metres from the nearest residential property. The site is currently a grassed road verge with a footpath to the east at a lower level.

The pole, including three antennas and a small dish antenna, will be 14.43 metres high. It is proposed to be finished in a green coloured steel to tie in with the 8 - 9 metre high trees behind the pole when viewed from Kildrum Road. The associated apparatus will comprise of an equipment pillar and equipment box. An Armco Safety barrier, approximately 15 metres long, 1 metre high will also be installed between the equipment and the road.

Development Plan


In the Cumbernauld Local Plan, 1993, the site lies within an area of land zoned as HG4 (Residential Amenity) and on the edge of a Significant Area of Open Space (limited Development Allowed) as zoned by policy EN26. There is no telecoms policy in the local plan.


PAN 62 - Radio Telecommunications, accepts that radio telecommunications has an important role to play in supporting the further social and economic development of Scotland. However, to ensure acceptability of such developments high standards of design and location should be sought.

NPPGl9 - Radio Telecommunications Development, provides support for telecommunications development where it has been demonstrated that careful consideration of all siting and design options has been undertaken and where possible, environmental effects have been minimised.


No external consultations were required.

My Traffic and Transportation Team Leader has no objections but recommends that the vehicular restraint barrier is offset a minimum of 600mm from the road edge.

The Councillors representing Abronhill, Kildrum and the Village have been consulted on this proposal and have offered no objections.

35

4. Plannina Assessment and Conclusions

4.1 In terms of Section 25 of the Town and Country Planning Scotland Act 1997 the determination of all applications must be made in accordance with the Development Plan unless material considerations indicate otherwise.

4.2 The site lies within an area covered by Policy HG4 (Residential Amenity) in the adopted Cumbernauld Local Plan, 1993 where proposals for development which could be detrimental to residential amenity will not be supported. As indicated above there are no specific telecoms policies in the Cumbernauld Local Plan. Accordingly the proposed development must be considered on its merits. It is considered that proposed development is of an ancillary nature which will ensure good mobile phone coverage in this part of the town and as such is compatible with Policy HG4.

4.3 It is considered appropriate to regard the Finalised Draft North Lanarkshire Local Plan as a material planning consideration in view of its advanced stage of processing and there being no objections to the proposed policies covering the application site. In this respect emerging local plan policy HCF 1 (Protecting Housing and Community Facilities Resources) is relevant in that it states that there is a presumption against developments detrimental to residential amenity in primarily residential areas. Developments of an ancillary nature may be acceptable. The proposal is in keeping with this emerging local plan policy.

4.4 It is considered that the applicant has satisfied the criteria set out in both NPPG 19 and PAN 62 in that careful consideration and assessment has been undertaken in the siting and design of the telecommunications pole and associated apparatus to achieve acceptability of this type of sensitive development. In addition, the applicant has supplied the required ICNIRP declaration stating that the proposal is in compliance with the international safety standards for electro-magnetic radiation emissions.

4.5 The site lies on the very periphery of the residential area of Kildrum and on the edge of the Significant Area of Open Space with the nearest dwellinghouses being approximately 30 metres away. The housing area opposite the site at Maclehose Road is due to be redeveloped for housing (N/08/00149/AMD), however the proposed new properties will not be located significantly closer to the proposed telecommunications pole, therefore the location will remain acceptable. When viewed from Kildrum Road to the west the back drop of the pole will be made up of mature trees and the proposed green colouring will make the pole less visually intrusive. Given this, and the close proximity of public lighting columns serving Kildrum Road this development will not look out of place in this area.

4.6 In conclusion I would advise that no objections have been received in relation to this proposal. Having taken account of the Development Plan and all material planning considerations, it is considered that the site location and acceptable design combined with the limited height of the monopole makes this development suitable in this location. I therefore recommend that planning consent be granted.

36

Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

C/09/00086/FU L

30th January 2009

Miss Elaine Smith 106 Greengairs Road Airdrie ML6 7SY

Change of Use of Open Space to Garden Ground

Land Adjacent To 106 Greengairs Road Greengairs Airdrie North Lanarkshire ML6 7SY

007 Airdrie North Cllrs Cameron, S Coyle, McGuigan, Morgan

27751 5 669853

C/PLGWG9OO 1 OG/LM/GL

C/08/00655/FUL Roof Alterations, 1 % Storey Rear Extension and Front Extension to Dwellinghouse Granted 26 August 2008

C/09/00184/AMD Roof Alterations 1% Storey Rear Extension and Front Extension to Dwellinghouse (Amendment to Application 08/00655/FUL) still under consideration


Monklands District Local Plan 1991, including Finalised First Alterations A, B & C September 1996 Policy: HG9 Established Residential Area

Consultations: Property Services

Representations: 1 letter of representation received.

(Objection)

Newspaper Advertisement: Not Required

37

Planning ~ p ~ i c a t i o n No ~ ~ ~ 0 ~ ~ 8 ~ U L Change of Use of open Space to Garden Ground

Land Adjacent To 106 Greengairs Road, Greengairs, Airdrie

w r l ~~~-**l ola**yul **). HUH br*HllrYU

38

Recommendation: Refuse for the Following Reason:-

1. That the proposal is contrary to Policy HG9 of the Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996, in that the change of use from open space to garden ground and the erection of 1.8 high timber fencing would be detrimental to the character and amenity of the surrounding area as it would result in the loss of a significant established maintained area of open space and an established passive recreation facility.

Background Papers:

Application form and plans received 30th January 2009

Memo from Head of Property received 11 th February 2009

Letter from Mr C Davis 8, Miss I Brown, 12 Meikle Crescent, Watson, Greengairs, Airdrie, ML6 7UQ received 13th February 2009.

Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

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

39

APPLICATION NO. C1091000861FUL

REPORT

1.

1.1

1.2

1.3

2.

2.1

3.

3.1

3.2


This application seeks permission for the change of use of maintained open space to garden ground. The application site is surrounded by residential properties, with Greengairs Road running along the western boundary. The site is a relatively flat, grassy area with fencing on all boundaries, 1.8 metre timber fencing along its rear and sides and 1 metre steel fencing along its frontage to Greengairs Road, where public access is taken. The site is relatively large (approximately 760 metres square), open and prominent when travelling along Greengairs Road. In terms of use, in addition to landscape value it is also appears to be used informally for passive recreation, dog walking etc.

The proposal for garden ground would be linked to the property to the south of the site, an existing detached dwellinghouse. The application proposes to carry on the existing 1.8 metre high fencing along the side which runs directly adjacent to Greengairs Road, entirely bounding and enclosing the proposed extended garden.

It is noted that the ground is currently owned and maintained by the Council.

Development Plan

In terms of the Monklands District Local Plan 1991 the site is covered by policy HG9 Established Housing Areas. As the application raises no strategic issues, it can be assessed in terms of the local plan policy.


Property Services have objected to the application for the following reasons:

i.

ii.

This development would be an encroachment onto land owned by North Lanarkshire Council; The title deeds indicate that the when the site was bequeathed to the Council it was for use as a ‘playground ... for all time coming’. This matter is with Legal Services for their clarification but would also appear to prevent the sale of this land for such a purpose.

Following the standard neighbour notification process 1 letter of representation has been received from a property bounding onto the open space, the main points contained within the objection letters are as follows:

i. Detracts from the amenity of the village as the area is currently used for dog walking and play area adding a welcome green feature to the village which would be lost;

ii. This area of land lends privacy and peaceful environment and was one of the reasons the objector bought their house;

111. Concern that the area of ground would not be used for domestic purposes and would be used as an area for business (storage of materials and vehicles);

iv. Lack of detail provided, the plans only provide a map outlining the area, and what would be the impact on their property (boundaries, drainage and subsequent private garden redevelopment); Can planning permission be granted for land not owned by the applicant, can work start prior to ownership transfer and how would the land be restored should work start and then the sale fall through.

...

v.

40


4.1 The proposal requires to be assessed under the terms of the development plan and any other material considerations. In this instance there are no strategic planning issues to address and the application can be assessed under the terms of policy HG9 (Existing Housing Areas).

In assessing an application of this nature policy HG9 states that there will be a presumption against development which is likely to adversely impact upon the amenity of the area or is not clearly ancillary to housing. In effect, this policy seeks to protect the established character of existing housing areas by opposing development that adversely affects their amenity. The ground is in a prominent location on a main through route, is substantial in size, is well laid out and forms part of the established amenity of this predominantly residential area. The well maintained grassed area contributes positively to the character and visual setting of the locale as well as providing a space for passive recreation such as dog walking. Taking all these factors into account, the site in question is therefore considered to be worthy of retention in the public realm.

4.2

4.3 Notwithstanding these ‘in principle’ matters, it should also be noted that the applicant’s intention to extend 1.8 metre high timber fencing along the boundary with Greengairs Road would be visually intrusive and out of character with the established setting of the site. It is acknowledged that existing 1.8 metre fencing extends north east from the site along Greengairs Road marking the rear garden boundaries of properties accessed from Meikle Crescent. Such fencing is generally appropriate for rear gardens in order to allow sufficient privacy. In this application, the piece of ground sits forward of the dwellinghouse in question and has a further substantial main road frontage. Taking into account the existing open aesthetic contribution the site makes to the area, it is considered that the proposed fencing would add to the unacceptability of converting this land to private garden ground. Adding to the existing 1.8 metre fencing already along Greengairs Road and being located forward of the dwellinghouse in question such fencing would be obtrusive and out of place, particularly considering the net visual change from the current situation. Therefore, both the proposed change of use and the fencing is considered to be contrary to policy HG9.

In terms of the comments received from Property Services the applicant has accepted and acknowledged the ownership situation. Planning legislation does however allow for an application on land outwith the applicant‘s control so long as the owner is notified, a process duly undertaken here. The granting of planning permission does not negate the applicant’s requirement to undertake the appropriate legal steps to secure the land. In this respect, even if planning permission were to be granted it is unlikely that it could ever be implement due to the points raised in paragraph 3.1. While there is no formalised playground on the site, I do however reiterate the points made in paragraphs 1.1 and 4.2 in respect to passive recreation highlighting the importance of this site. It is clear the site has been laid out and maintained to offer a passive recreation function in keeping with the spirit of the legal condition.

4.4

41

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

I .

II.

In terms of the loss of amenity in the village, I refer to the main assessment contained within this report; In terms of the privacy and peaceful environment to the neighbouring property it is considered that this would not be affected if the ground was changed to private garden ground. Future development within the site would be subject to planning controls and noise concerns via the appropriate environmental legislation; Regarding the possible use of the land for non domestic purposes, in the event that planning permission was granted, any changes of this nature would require a further planning application, allowing neighbour representation and formal assessment. Notwithstanding this, I again refer to the main assessment section of this report;

iii.

iv. With reference to the level of detail within the plans provided, in instances such as this information regarding the layout of any garden features is not required, only the area of ground and fencing details where appropriate; In terms of granting planning permission on land not in the ownership of the applicant, this is accommodated within planning legislation. Should work commence on the site prior to applicant securing either planning permission or land ownership, provisions are in place for formal enforcement.

V.

4.5 In conclusion, it is considered that this proposal is contrary to Policy HG9 of the Monklands District Local Plan 1991, in that the change of use from open space to garden ground would be detrimental to the character and amenity of the surrounding residential area as it would result in the loss of a significant area of maintained open amenity ground which adds to the setting of the locale and allows for passive recreation. If approved this would be an unacceptable reduction in the established character and amenity of the area. I therefore recommend that planning permission be refused.

42

Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


S/O7/0 1 534lFU L

13th September 2007

Cala Management Ltd Cairnlee House Callendar Business Park Callender Road Falkirk FKI I X E

Erection of 228 Residential Dwellings (128 Detached Un ts anc 100 Flatted Dwellings) with Associated Roads, Car Parking and Landscaping

Motherwell College Dalzell Drive Motherwell MLI 2DD

18 Motherwell South East and Ravenscraig: Councillors Harmon, Lunny, McKay and Valentine

275952655542

SIPLIB F/ 1 2/4/PWS/G F

None Relevant

Southern Area Local Plan 2008

Yes

Scottish Natural Heritage Scottish Environment Protection Agency Scottish Water British Gas Scottish Power Strathclyde Police Strathclyde Fire & Rescue SportScotland

3 letters of representation received

Advertised on 20th September 2007

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

43

44


1.

2.

3.

4.

5.

6.

7.

8.

9.



That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- LP 001, PD 003 Rev J, SS 001, FB 001, FB 002, FB 003, FB 004, 97416-18 and 97420-22 and 97425-2 (3BPD1), BSD 001, BSD 002.

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

That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Notwithstanding this requirement the roofs of the houses/flats shall be finished in dark grey or brown tiles.

Reason: To enable the Planning Authority to consider these aspects in detail and in order to minimise the visual impact of the development.

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

Reason: To ensure the provision of adequate parking facilities.

That before the first house within the development hereby permitted is occupied, the means of vehicular and pedestrian access to the site from Dalzell Drive shall be constructed in accordance with the approved plans.

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

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


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


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

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

Notwithstanding the terms of condition 8 above, a 2 metre high close boarded timber screen fence shall be erected along those parts of the boundary lined in orange on the approved plan.

45

Reason: In the interests of the amenity of both existing and future residents.

10. 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, with particular reference to relative site levels between the western boundary of the site and the eastern boundaries of dwellings in Woodlands Road.

(b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; in particular this should include a scheme for tree planting along the site frontage and between the blocks of flats;

(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 schedule for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site and completed before the last house/flat is occupied.


11. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of any communal areas, including landscaping and play areas.


That all works included in the scheme of landscaping and planting, approved under the terms of condition 10 above, shall be completed in accordance with the approved schedule, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the occupation of the last house within the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

12.

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

13. That BEFORE occupation of the last house within the development hereby permitted, the management and maintenance scheme approved under the terms of condition 11 ; shall be in operation.

Reason: To ensure ongoing maintenance in the interest of traffic safety and amenity.

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

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

That any remediation works identified by the site investigation required in terms of Condition 14, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation

14.

15.

46

Strategy .

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

16. That PRIOR to any works commencing on site, the applicant shall provide to the Planning Authority written confirmation from Scottish Water of (a) their acceptance of foul water flows from the site into the public sewer, and (b) Scottish Water’s intention to enter into a legal agreement leading to their adoption of all communal foul and surface water drainage serving the site including the SUDS pond. All surface discharged from the site shall be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000. Furthermore, the applicant shall submit a written assurance from Scottish Water confirming that additional flows arising from this development would not cause or contribute to the premature operation of consented storm overflows.

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

17. That the SUDS compliant surface water drainage scheme approved in terms of Condition 16; shall be implemented contemporaneously with the development in so far as is reasonably practicable. Within three months of the construction of the SUDS, and before the last house within the site is occupied, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that all SUDS and conventional drainage serving the site has been constructed in accordance with the relevant ClRlA Manual and the approved drawings and written details.

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

That prior to the occupation of any dwellinghouse within the site, all necessary repair works to the culvert and downstream watercourse in Dalzell Park, to which all surface waterflows from the site will be directed, shall be completed to the satisfaction of the Planning Authority.

Reason: To ensure that the culverted watercourse is in an acceptable condition to deal with expected waterflows.

18.

19. That BEFORE the development hereby permitted starts, full before and after cross sections and site levels shall be submitted to, and approved in writing by the Planning Authority. Thereafter the development shall be constructed in accordance with the plans approved under the terms of this condition unless otherwise agreed in writing beforehand by the Planning Authority.

Reason: In the interests of amenity and the proper planning of this area by ensuring that ground levels are appropriate for the site and the general area.

Further updated ecological surveys regarding bats and badgers shall be undertaken on the site to determine the presence of any bats and badgers. The 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 studies, should any remediation measures be required, these shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007.

20.

47

21.

22.

23.

24.

25.

That BEFORE the development hereby permitted starts, a scheme for the provision of play area within the site as indicated on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within

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

surface to be installed; (c) details of the fences, gates and animal grids to be provided around the play area(s), and

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

That BEFORE occupation of the 10th last dwellinghouse/flat within the development hereby permitted, all works required for the provision of equipped play area and, included in the scheme approved under the terms of condition 21, shall be completed.

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

That a directional sign shall be erected at the junction of the access road and Dalzell Drive at the location indicated on the approved plans. Details of which shall be submitted to and approved in writing by the Planning Authority and development carried out as approved.

Reason: In order to effectively guide traffic down to the Dalzell House Estate.

That before commencement of work on site, the applicant shall provide written confirmation from Scottish Power confirming that they have withdrawn their objection on the basis that the required cable diversion works will be carried out to the satisfaction of Scottish Power.

Reason: To ensure that the required cable diversion works are carried out to the satisfaction of Scottish Power.

That details of the proposed gateway access feature into the site shall be submitted and approved in writing prior to the commencement of work on site and the said entrance features shall be completed to the satisfaction of the Planning Authority prior to the occupation of the first dwelling.

Reason: In the interests of road safety.

Background Papers:

Application form and plans received 1 3'h September 2007 and amended layout plan Revision J Extended Phase 1 Habitat Survey and Bat Roost Potential Survey dated 2!jth April 2007 Bat Presence Survey dated 1 8'h June 2007 Transportation Assessment, Dougall Baillie Associates dated June 2007 Tree Survey and Report dated January 2007

NPPG 11 Open Space and Physical Activity Flood Risk Assessment Terrenus Consulting Ltd 31" October 2008 Surface Water Attenuation Calculations Cala Homes received 2gth January 2009

Letter from J Milne, 29 Woodland Road, Motherwell, ML1 2PX, received lgth September 2007 Letter from B Love, Our Lady's High School, Dalzell Drive, Motherwell, ML1 2DG received 4'h October 2007 Letter from R Simpson, 5 Woodlands Road, Motherwell, ML1 2PX received 2!jth SeRtember 2007 Letter from Scottish Natural Heritage received 31st March 2008 and e-mail dated 4 February 2009

48

Letters from Scottish Environment Protection Agency received 31'' December 2007 and 2gth January 2009 Letters from Scottish Water received 26'h September 2007 and 21" January 2008 Letter from Scotland Gas Networks received 26'h September 2007 Letter from Scottish Power received 2€ith September 2007 Letter from Strathclyde Police received 1 5'h October 2007 Letter from SportScotland received 1 Oth April 2008 and e-mail dated 1 3'h January 2009 and 5'h March 2009 Letters from Fields in Trust Scotland dated 1 Oth April and 1 Oth July 2008 Letters from Head of Planning and Development lgth April, 28'h June, 26'h October 2007 and February, 4'h April and 12'h December 2008

Memo from Head of Protective Services received 26'h September 2007 Memo from Geotechnical Team Leader dated Memos from Transportation Team Leader dated 31" May 2007, gth October 2007, 18'h October 2007, 2"d November 2007, 21'' January 2008, 26'h March 2008, 31" March 2008, 18'h April 2008, 17'h July 2008, 22"d September 2008 and 8'h January 2009 Memos from Leisure and Learning dated 22"d October 2007 and lgth December 2008 Memos from Countryside and Landscafe Manager dated January 2009 incorporating memos fro; Cleansing Services Manager dated 14' January 2009, Conservation and Greening Manager dated 12 January 2009, Play Services Manager dated 7'h January 2009 and Landscape Services Manager dated 24" December 2008 Email from Scottish Natural Heritage received 4'h February 2009

January 2008 and 25'h and 26" February 2009

Any person wishing to inspect these documents should contact Mr Paul Williams at 01698 274115.

Date: 5 March 2009

49

APPLICATION NO. S/07/01534/FUL

REPORT

1.

1.1

1.2

2.

2.1

3.

3.1

3.2

3.3

3.4

3.5


This application seeks detailed permission for the residential redevelopment of the existing Motherwell College campus at Dalzell Drive, Motherwell. This involves the demolition of all existing buildings on the site and the construction of 228 residential units comprising 100 4- storey flats and 128 traditional two-storey detached dwellings. The site is situated to the west of Dalzell Drive and is bounded to the south by Dalzell Park Estate, to the west by Woodlands Road, an established residential area and to the north by Fir Park School and Fir Park football stadium. The site is bounded to the north, east and south by mature treebelts. The college building is a good example of 1960s architecture with a complex of buildings ranging in height from six storeys to single storey. The buildings are set in well maintained parkland which once included a football pitch and allotments.

The applicant proposes to develop four separate blocks of four-storey flats at the northern end of the site to the east of the Fir Park School. The proposed flats would be surrounded parkland/amenity space comprising maintained grass new tree planting and a significant proportion of exiting retained trees. The remainder of the site to the south would be developed with detached two storey dwellings served off an internal loop road, with a central play area catering for mixed age group formal play. This section of the site also includes the retention of the existing tree belt on the eastern edge of the site with a typical depth of 15 metres. An attenuation pond for SUDS drainage covering an area of approximately 2800 square metres is proposed adjacent to the southern boundary of the site. Although there is no tree planting proposed on the southern boundary of the site, this boundary immediately abuts a dense woodland within the Dalzell Estate.

Development Plan

The site is zoned within an Established Community Facility, Policy CS 2 (Established Community Facilities) in the Southern Area Local Plan 2008.


Scottish Power has lodged a standard holding objection to the proposal as they have an operational sub-station and high voltage cables within the vicinity of the proposed development, pending further information regarding the effect the proposal will have on their equipment.

Scotland Gas Networks have expressed no objections to the proposal and have provided standard advice and guidance regarding their apparatus within the area.

Strathclyde Police have expressed concern regarding the impact the proposal will have on the junction of Knowetop Avenue and Windmillhill Street in terms of additional vehicular activity.

Scottish Water confirmed that there is sufficient capacity in the Daer and Coulter reservoirs to serve the development, there are known network issues within the waste network that serves the site and the developer is likely to be required to address this. They indicated that surface water should be dealt with separately and preferably by SUDS.

SEPA has expressed no objections to the proposal subject to a written assurance from the applicant that the proposal will not result in premature operation of consented storm overflows and is satisfied with the proposed method and design of the sustainable urban drainage system.

50

3.6

3.7

3.8

3.9

3.10

3.1 1

3.12

3.13

3.14

Scottish Natural Heritage requested that the applicant carried out a Protected Species Survey with particular reference to badgers and also recommended that a woodland/tree survey be carried out, due to the protracted nature of the assessment of this application S.N.H. have requested an updated Protected Species Survey covering both bats and badgers. S.N.H. was satisfied with this survey and has stated that a condition requiring a new updated survey would be acceptable.

Sportscotland initially objected to the proposal as the existing college site contains a former football pitch and the proposal will result in its loss, contrary to the aims of NPPG 11 (open space and physical activity). The Sports Pitch Strategy undertaken by the council in 2006 demonstrates that the Motherwell and District area has an adequate supply of pitches. With the new pitches planned for Ravenscraig and through the Schools and Centres 21 programme the supply will be more than enough to accommodate demand. On the basis of this information Sportscotland is now satisfied that there is adequate capacity and the retention or replacement of the college pitch is not required. Their objection has been withdrawn.

Learning and Leisure Services have agreed that the supply is more than adequate .With regard to education provision a contribution of f500,000 is requested in order to increase the capacity of Cathedral Primary School, which it is argued will be required as a result of the proposal.

The Countryside and Landscape Manager has provided a comprehensive response regarding conservation/ecoIogy, Landscape Design, Play Services and Cleansing. The Cleansing Services Manager expressed no objections provided that each dwelling has adequate space for three bins and flats have adequate provision for 1100 Litre ‘eurobins’. The Play Services Manager has confirmed that the size and nature of the proposed internal play areas is satisfactory given the sites proximity to the Dalzell estate which provides for informal recreation. The Conservation and Greening and Landscape Sections have expressed concern about the loss of mature trees as a result of the formation of the access into the site as well as concern regarding the existence of any protected species within the site.

The Geotechnical Team Leader has expressed no objections with regard to the proposed method of suds drainage subject to the application of the appropriate conditions.

The Transportation Team Leader has expressed no objections to the amended plans submitted subject to some minor changes regarding visitor parking which can be done as minor amendments via the Construction Consent process. The Team Leader is satisfied with the proposed access and internal loop road and also with regard to traffic generation and the effect on the existing road network, in particular with regard to Dalzell Drive/Knowetop Avenue and Knowetop Avenue/ Windmillhill junctions which are to upgraded by the council under separate schemes.

Pollution Control have requested that a site investigation is submitted as well as an air quality assessment.

A total of three letters of representation have been received as a result of neighbour notification, two from residents of Woodlands Road to the west of the site and one from the Headteacher of Our Lady’s High School to the east of the site. The Headteacher has not objected to the proposal but has requested to be kept up to date in terms of access arrangements and effect on the adjacent school access, in this regard, copy of the most up to date revision J layout has been sent out.

The objections from the Woodlands Road residents may be summarised as follows :-

a) Concerns over the relative levels between their gardens and the proposed dwellings, they

b) Possible adverse effect on ground drainage request that appropriate boundary treatment be put in place

51

4.

4.1

4.2

4.3

4.4

4.5

4.6

4.7

4.8

c) The development would result in loss of view and restriction of sunlight d) Increased noise levels as a result of the development e) Resultant reduction in the value of their properties f) Adverse effect on the natural environment within and adjacent to the site


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. This application is not of strategic significance and should therefore be assessed against the policies contained in the Southern Area Local Plan 2008. Other relevant local plan policies are Policies HSG 9 (Assessing applications for housing development) and TR 13 (Assessing the Transport Implications of Development).

Policy CS 2 seeks to safeguard existing community facilities. In this regard, because the College are moving to a new campus with the Ravenscraig site, this proposal by default will not result in the loss of this community facility which is being relocated nearby. In this regard, the proposal is not considered to be contrary to policy CS 2.

The eastern edge of the site is covered by Policy L 3 Protected open Space, which reflects the existing treebelt along this boundary, the retention of this treebelt is inherent in the proposal with the exception of a small percentage of tree loss to facilitate access to the site, and as such, the proposal is considered to be broadly compliant with this policy.

Policy HSG 9 requires assessment of such proposals in terms of their effect on the existing built and natural environment and all issues relating to the design of the proposal. In this regard, it is considered that the proposal is acceptable in terms of proposed layout and general design and complies with the Council’s open space standards, in terms of garden dimensions, open space and play area provision. The development would not have an adverse impact upon the character and amenity of the adjacent residential area. Furthermore, the proposed house and flat types are considered to be of a high standard in terms of design. Furthermore, the proposed landscaping and planting including tree retention is considered to be acceptable. It is considered that the proposal in its amended form represents a good standard of housing development and will provide a good quality residential development. Furthermore, it is considered that the proposal will have a minimal and acceptable impact on Dalzell Drive and the Dalzell Estate in terms of its character and setting. It is therefore considered that the proposal complies with policy HSG 9.

In terms of policy TR 13, as indicated at paragraph 3.10, the Transportation Team Leader, after a series of meetings and protracted negotiations has no objections to the amended proposals subject to some minor changes regarding visitor parking which can be done as part of the Construction Consent Process.

The Finalised Draft North Lanarkshire Local Plan, zones the site for residential purposes. No objections have been raised to this and therefore material weight has to be attached to this draft plan. The proposal complies with the draft plan.

In terms of the objection from Scottish Power, Cala will have to divert and or remove this apparatus to the satisfaction of Scottish Power with their permission. At present, the detail of such work has not been drawn up and therefore the agreement of Scottish Power cannot yet be obtained. In the circumstances, it is considered that this issue can be dealt with by the imposition of an appropriate planning condition.

With regard to comments made by consultees that have not already been addressed I would comment as follows:

52

a) In terms of drainage, Scottish Water has no objections to the proposal in terms of network and infrastructure capacity and the surface water from the site will be dealt with by SUDS involving a large attenuation pond within the site. This method has also been agreed by SEPA as well as the Council’s Geotechnical Team Leader, who has also suggested that a condition be imposed requiring any necessary repair works to the culverted watercourse to the south within the Dalzell Estate, through which surface drainage from the site will flow. No legal agreement is required in this case as the land involved is council owned.

b) With regard to the comments and request for an updated Protected Species Survey, it is considered as an initial survey was submitted to the satisfaction of S.N.H. that in the circumstances and because such survey work is seasonal in nature, it is considered acceptable to deal with this by the imposition of the appropriate condition, this view has been confirmed in writing by S.N.H.

c) With regard to Learning and Leisure Services request for a f500,OOO contribution towards the extension of Cathedral Primary School, it has been agreed that this sum of money could not be required in this case, as there is no formally adopted Council policy.

d) With regard to the comments made by the Countryside and Landscape Manager, it is recognised that the proposal will result in the loss of some trees. The original proposal was for a roundabout access which would have resulted in unacceptable loss of trees to the detriment of the character of Dalzell Avenue and the setting of the Dalzell estate. However, the proposed access has been revised in order to reduce tree loss to what is now considered to be an acceptable level that will not significantly impact on the character of the avenue or the estate. Tree retention is a main feature of the proposed design with the tree belts along the northern and eastern boundaries of the site being retained in almost their entirety. With regard to protected species, it is considered that this can be dealt with by condition for the reasons outlined in paragraph (b) above. It is therefore considered that the impact of the proposal in terms of the natural environment is within an acceptable level.

e) With regards to the comments from Pollution Control, a site investigation can be conditioned, however due to the sites location on the urban fringe, it is not considered appropriate to condition an Air Quality Assessment at this location outwith the air quality area.

With regard to the grounds of objection from the residents in Woodlands Road, I would comment as follows:-

4.9

a) Site Levels - From the information submitted the differences in site level will be negligible as a result of site preparation works and details of the proposed site levels will be controlled by the imposition of the appropriate planning condition so that adjacent residential properties are not adversely affected.

b) Effect on Drainage - SEPA and the Council’s Geotechnical Team Leader have confirmed hat the proposed method of surface water drainage is acceptable.

c) Loss of View, Restrict Sunlight - the proposed dwellings all have rear garden depths that comply with council standards (1 0 metres) and the Woodlands Road dwellings have typical rear garden depths of 14 metres. This therefore means that there are no amenity issues regarding proximity. Loss of view is not a material planning consideration.

d) Increase Noise Levels - the redevelopment of this site from college and associated grounds to housing is unlikely to result in noise levels that would detrimentally affect the amenity and character of the adjacent residential area.

e) Reduction in the Value of their Properties - This is not a material planning consideration.

In conclusion, it is considered that the proposal as amended is acceptable in terms of design and impact on the amenity and character of the surrounding area and complies with the relevant policies contained with the Southern Area Local Plan 2008. Furthermore, it is considered that as

4.10

53

summarised above, the points of objection are either not valid or can be addressed by the imposition of the appropriate conditions. This application is therefore recommended for approval subject to the above conditions.

54

Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


S/08/014991HSC

31 st October 2008

William Grant & Sons Distillers Ltd The Glenfiddich Distillery Dufftown Keith Banffshire

Hazardous Substances Consent for the Storage of 5624tonnes of Potable Ethanol

William Grant & Sons Ltd Phoenix Crescent Strathclyde Business Park Bellshill ML4 3AN

13 Thorniewood: Councillors Burrows, McCabe and McShannon

272293 661 853

S/PL/BF/S/lll/GAR/GF

0 S/08/01382/FUL Construction of Concrete Base and Bund, installation of Five Storage Vessels and Associated Works - Granted 23rd October 2008

Designated IND8 (Established Industrial and Business Areas) in the Southern Area Local Plan 2008

No

Strathclyde Fire & Rescue Scottish Natural Heritage Scottish Environment Protection Agency Scottish Water Health and Safety Executive Scottish Power Strathclyde Police South Lanarkshire Council

No letters of representation received

Advertised on the 30th October 2008

(No Response) (No Objections) (No Objections) (No Objections) (No Objections) (No Objections) (No Objections) (No Response)

5 5

56


1. That the Hazardous Substance(s) shall not be kept or used other than in accordance with the application particulars provided in the Hazardous Substances Consent Application Form, Nor outside the area(s) marked for storage of the substance(s) on the plans which formed part of the application (Drawing Number SPR-PL-001, dated 15th September 2008 that identifies the location of additional storage vessels in this application).

Reason: In the interests of public safety and to ensure compliance with the details contained in the application.

Background Papers:

Application form and plans received 22"d October 2008

Letter from Scottish Natural Heritage received 1 gth November 2008 Letter from Scottish Power received 26th November 2008 E-mail from Strathclyde Police received 3rd December 2008 Letter from Scottish Water received 27'h November 2008 Letters from Health & Safety Executive received 9Ih January & gth February 2009 Letter from SEPA received 19lh December 2008

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01698 274103.

Date: 3 March 2009

57

APPLICATION NO. S1081014991HSC

REPORT

1.

1.1

1.2

2.

2.1

3.

3.1

3.2

3.3

3.4

3.5


This application seeks Hazardous Substances Consent for the storage of 5624 tonnes of potable ethanol at the existing William Grant & Sons bonded warehouse and bottling plant at Phoenix Crescent, Strathclyde Business Park, Bellshill. Currently 120 tonnes are undeclared which are stored internally within the existing warehouse and 474 additional tonnes stored in 5 new storage vats within the confines of the existing plant. This application is intended to regularise the total volume of ethanol stored at this site. Planning permission was granted for the operational development (Construction of Concrete Base and Bund, Installation of Five 100,000 Litre Storage Vessels and Associated Works) under delegated powers on 23rd October 2008. These works have been completed in accordance with this recent application. This permission lies within the curtilage of the current operation and the site already has deemed hazardous substances consent for 5030 Tonnes.

The site is regulated under the Major Accident and Hazard (COMAH) regulations. There is therefore a requirement for the applicant to contact the Health and Safety Executive in order to discuss this proposal and the (COMAH) requirements for the site.

Development Plan

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


The Health and Safety Executive has no objections to the proposal on the basis that they have concluded that the risk to the surrounding population arising from the proposed operation are so small that there are no significant reasons, on safety grounds, for refusing hazardous substances consent. Planning permission should therefore be granted subject to the condition that it complies with the application details contained on the submitted form and plan.

The Scottish Environment Protection Agency has no objections though they have requested a condition regarding surface water discharge and advised that the applicant should contact SEPAS process engineering unit directly. In considering the issue of surface water discharge this application is submitted in support of the previously granted application discussed in paragraph 1.1 and only addresses authorisation for the storage of hazardous substances.

Strathclyde Police Emergency Planning Unit state that the application does not require their comment under the (COMAH) Control of Major Accident Hazards Regulations and subsequently they have no objection to the proposal.

Scottish Natural Heritage have no objection to the proposal. However, given the proximity of the water courses to the application site advised consulting SEPA to ensure that measures are in place to contain surface water spillages.

Scottish Water & Scottish Power have no objections to the proposal.

58


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

4.2 The site is designated IND8 (Established Industrial and Business Areas) in the Southern Area Local Plan 2008 where existing uses should be safeguarded. The application accords with the Development Plan.

4.3 No objections have been received from consultees with regard to the application. In relation to SEPA’s response for a condition regarding surface water discharge I would advise that as this application will not result in additional physical works imposing a condition regarding surface water discharge is considered inappropriate. It is therefore recommended that this application be approved subject to appropriate conditions.

59

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


18th November 2008

Mr 8, Mrs K Melia 9 lnchgower Place Carfin Mothetwell

Paul M lnnes 58 Orchard Grove Coatbridge ML5 3PL

Upper Floor Extension to Dwellinghouse

9 lnchgower Place Carfin MLI 4GS

17 Motherwell North: Councillors McAuley, McKenna, Nolan and Stewart

276413658798

S/PL/BF/5/56/AN HIGF

No planning applications of relevance

The site is zoned as HSG 7 (Established Housing Area) Southern Area Local Plan 2008

No

None

One letter of representation received

Not Required

60

61

Recommendation: Refuse for the Following Reason:-

1. That the proposal is contrary to Policies HSG 7 and HSG 12 of the Southern Area Local Plan (2008) in that the proposed extension is considered to represent overdevelopment by virtue of its size, design and location in relation to the existing dwellinghouse and surrounding properties and would adversely affect the character of the area and would result in loss of privacy and amenity of adjacent properties.

Background Papers:

Application form and plans received 2nd October 2008 and amended plans received 28th January 2009

Memo from Traffic and Transportation Team Leader received lgth December 2008 and 2nd February 2009

Letter from Frank Watters, 71 Aultmore Drive, Carfin, MLI 4FN received gth January 2009

Any person wishing to inspect these documents should contact Mr Andrew Henderson at 01698 2741 02.

Date: 3 March 2009

62

APPLICATION NO. S1081015171FUL

REPORT

1.

1.1

1.2

2.

2.1

3.

3.1

3.2

4.

4.1

4.2


Planning permission is sought for an upper floor extension to dwelling house at 9 lnchgower Place, Carfin. The application site is located within a cul-de-sac of modern two storey detached residential properties and is bounded by dwellings to the north, west and east with open space to the south. The site comprises of a two storey detached dwelling with single storey attached double garage. The dwelling is constructed from facing brick and render with a concrete tiled roof. The attached garage has been previously converted into a habitable room with adjacent in- curtilage parking located immediately to the front of the former garage. Access to the site is taken via a shared surface driveway from lnchgower Place.

The proposal involves an upper floor extension above the attached former garage to provide a larger bedroom. It should be noted that there will be no increase in the number of bedrooms following construction of the proposed extension. The extension measures 5.6 metres in length by 5.7 metres in length, reaching a total height of 6.3 metres to match the existing roof line. The applicant proposes to construct the extension using materials to match the existing dwelling.

Development Plan

The site is zoned as HSG 7 (Established Housing Area) within the Southern Area Local Plan 2008.


The Transportation Section have no objections to the proposal.

One letter of representation has been received from a neighbouring property in relation to this application. The points of representation can be summarised as follows:

a) Should the development be granted the proposal would adversely affect their property, this is likely to hinder any future sale of their property with prospective buyers faced with a view of a two storey wall.

b) The extension would result in loss of sunlight to the objectors dwelling and rear garden and result in the objector unable to enjoy their garden area.

c) There would be an invasion of privacy, with direct views into the rear of the property.


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 and requires to be assessed against the relevant local plan policies.

The site is zoned as HSG 7 (Established Housing Area) in the Southern Area Local Plan 2008. Policies HSG 12 (House Extensions) and TR13 (Assessing the Transportation Implications of Development) are relevant to this proposal.

63

4.3 Policy HSG7 seeks to protect the established character of the existing house area by opposing development that adversely affects their amenity. Applications for extensions in such areas are acceptable subject to meeting the requirements of Policy HSGl2 (House Extensions).

Policy HSG12 sets out various criteria for assessing such applications including the design, size, proportions and position of extensions, the effect on the amount of garden ground retained and the impact on the street scene. The impact on the neighbouring dwellings in relation to privacy, daylight and sunlight is also considered alongside parking provision and access.

The proposed extension would be positioned above the former attached garage and would integrate and match the roof height and pitch of the existing dwelling. The proposal would not result in any loss of garden ground by virtue of its location. Given that there will be no net increase in the number of bedrooms, the existing parking arrangements are considered to be acceptable in this case. It is considered that the design of the extension is acceptable in terms of materials and would integrate with the style of the existing house. However with regard to size and position, the extension is substantial and would result in a large prominent dwelling in a corner plot. It is considered that the size and position of the extension would result in a dwelling which would not be in keeping with the character of the surrounding dwellings, particularly with regard to No. 11 which shares the common driveway with the site in question. It is noted that the property is in a prominent position within lnchgower Place and the impact of the extension on the streetscene as a result of this would be unacceptable in as much as it would result in an extension which is out of character with the scale and context of the original dwellinghouse and other houses on the street. It is therefore considered that the size, scale and position of the extension is unacceptable. In terms of the impact on the neighbouring dwellings, it is considered that the proposed extension would adversely affect Nos 71 Aultmore Drive and No. 7 lnchgower Place. The applicant proposes to install a bedroom window on the side elevation of the extension which would directly overlook onto the rear garden area of No. 7 at a distance of only 1.8 metres from the mutual boundary, which is considered unacceptable. The property at No. 71 Aultmore Drive sits at a lower level than the application site. The proposed extension would in effect result in a two storey gable wall (5 metres to eaves) directly facing onto and running almost the full width of the neighbour’s property. It should be noted that no windows are proposed on the rear elevation however No.71 has a rear garden depth of 9 metres and as such the proposed extension would be overbearing on the rear garden area of No.71 and the residents of this property would be restrict their ability to utilise and enjoy their rear garden area due to the dominance of the two storey gable wall. As such it is considered the proposal would adversely affect the amenity of the neighbouring residents. A sunlightldaylight test was conducted and it concluded that the proposal would have no significant loss of sunlight or daylight on the house at No.71 Aultmore Drive. The applicant has submitted amended plans which showed a reduction in the ridge height of the roof. However, this would not mitigate the aforementioned adverse impacts of the proposal on No.71 and the plans did not remove the side bedroom window. The applicant has considered alternatives proposals however they were unacceptable as they would still affect the surrounding neighbouring properties. Taking the above into account the proposed extension is considered contrary to Policies HSG 7and HSG 12 of the Southern Area Local Plan 2008.

4.4

4.5

4.6 In relation to the points of objection, I would comment as follows:

1) I share the objectors concern at the impact the proposal on their property, this has been addressed in paragraph 4.5. Any matters relating to property value are not material planning consideration.

2) As noted at paragraph 4.5 above, the proposal would not raise loss of significant sunlight or daylight of the objectors house to warrant refusal of permission, however it would seriously affect their amenity.

3) As there are no windows proposed on the rear elevation of the development however there is a proposed side window which will overlook the rear garden area of No. 7 lnchgower Place which is considered unacceptable in this case.

64

4.7 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and policy position remains unaltered from the Adopted Plan.

In conclusion the proposal would result in overdevelopment of the site and would not be in keeping with the character and surrounding residential area, would significantly adversely affect the privacy and amenity of the adjoining dwellings and as such, the proposed development is considered contrary to Policies HSG7 and HSG12 of the Southern Area Local Plan 2008. It is therefore recommended that planning permission be refused.

The Committee should note that the applicant has requested that a hearing be conducted prior to the determination of this application.

4.8

4.9

65

Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


SlO8IO1639lFUL

8th January 2009

Paul Hewitt 802 Old Edinburgh Road Viewpark ML4 3JG

Change of Use from Bathroom ShowroomlSales Office to lnternet Cafe

802 Old Edinburgh Road Uddingston North Lanarkshire


271886660727

None Relevant

The site is identified as an Established Industrial and Business Area (IND8) in the Southern Area Local Plan 2008

No

None Required

Three letters of representation received

Advertised on the 22nd January 2009

66

67


1.

2.

3.

4.

5.

6.

That the permission hereby granted is for a temporary period only and shall expire 12 months from the date of the cafe opening.

Reason: To enable the Planning Authority to retain effective control, in order to allow continued assessment of the impact of the development on residential amenity.

That, 7 days prior to the opening of the cafe, written notification shall be provided to the Planning Authority advising of the date of opening.


That notwithstanding the details shown on the approved plans, the car park area as shaded GREEN shall only be used between the hours of 0830 and 1830.

Reason: In the interests of the amenity of the adjoining residential area.

That noise associated with the air conditioning/ventilation system or any other plant and any other noise associated with the development shall not give rise to a noise level within any nearby dwelling (assessed with windows open) in excess of the equivalent Noise Rating Curve, NRC 35, between 0700 hours and 2000 hours and Noise Rating Curve NRC 25 at all other times.

Reason: To ensure that the noise associated with the development will be within acceptable limits in the interests of residential amenity.

That prior to the commencement of operations on site, the applicant must provide further details of the proposed external extraction flue, including details of the colour and finish, and these must be approved in writing by the Planning Authority before the flue is installed and for the avoidance of doubt the flue to be erected shall not be erected on the southern elevation of the unit.

Reason: In the interests of residential amenity.

That the extractor flue as approved under condition 3 above shall be installed to the satisfaction of the Planning Authority prior to the opening of the cafe.

Reason: To ensure that the premises are provided with an adequate ventilation/extraction system, as required in the interests of residential amenity.

Background Papers:

Application form, plans and statement of support received 21'' November 2008

Letter from Capos, 800 Old Edinburgh Road, Bellshill, ML4 3JG received gth October 2008 Letter from Mr & Mrs Addis, 7 Kent Road, Belmill Park, Bellshill, ML4 3PN received 25'h November 2008 Letter from Mr & Mrs Docherty, 5 Kent Road, Bellshill, ML4 3PN received 251'~ November 2008 Letter from Medicare Health Systems, 802 Old Edinburgh Road, Uddingston, ML4 3JG, lgth February 2009 Letter L.K Flooring Ltd, 802 Old Edinburgh Road, Uddingston, ML4 3JG, received lgth February 2009

Email from Protective Services dated 2!jth February 2009

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 274119.

Date: 3 March 2009

68


REPORT

1.

1.1

1.2

1.3

2.

2.1

3.

3.1

3.2

3.3

Description of Site and ProPosal

Planning permission is sought for the change of use of a bathroom showroom/sales area to an internet cafe on land at 802 Old Edinburgh Road, Uddingston. Dwellinghouses bound the application to the south and the remainder of the industrial area adjoins the site to the north, east and west.

The building is single storey in nature with a floorspace of just under 90 square metres. The building is finished in timber cladding and facing brick and has windows on its southern and western elevations. Within the application site provision has been made for the parking of four vehicles, however additional parking is located within the remaining yard area as an overflow car park. The alterations proposed to bring about the change of use of the unit are internal and no external alterations are proposed. The application is part retrospective as some internal alterations had been carried out prior to the formal application being submitted, following notification of the applicants intentions by the Licensing Section of the Council.

A supporting statement accompanies the application and advises that the internal fit out of the premises consists of a food preparation area, servery, canteen area/lounge, internet access and toilet facility. The supporting statement also identifies that the users of the cafe are likely to be employees of the adjacent Righead Industrial Estate, in addition to delivery drivers and members of the public.

DeveloPment Plan

The site is identified as an Established Industrial and Business Area (IND8) in the Southern Area Local Plan 2008.


The Transportation Team Leader has advised that the existing access, serving the industrial area is directly opposite the junction with Melford Road. The intensification in use of this access could result in an increase in vehicle conflict at this ‘crossroads’ and consequently could be detrimental to road safety. In addition 20 spaces per 100 square metres public floor area are required which does not appear achievable. The Transportation Team Leader has therefore recommended that the application be refused.

Environmental Health Team associated with Protective Services have advised that conditions should be attached to the consent to ensure that any air conditioning/ventilation system or any other noise associated with the development is within acceptable levels.

Following the neighbour notification and press advertisement procedures, three letters of representation opposing the application have been received. The objections can be summarised as follows:

(1) Issues of noise in relation to the proximity of the premises and the associated parking area to residential dwellings to the south of the site.

(2) Concern over insufficient parking spaces being made available for customer, the lack of spaces for trucks resulting in vehicles parking in front of the objector’s property and within the car park at Capos Hotel to the detriment of vehicular safety and damage to the public footpath/buried services.

69

(3) The over provision of restaurants, cafes and hot food takeaways in the vicinity. (4) Increase in the levels of waste at the site to the detriment of the objectors properties. (5) Concerns over the nature of the premises and the type of license applied for, particularly if

the premises will be selling alcohol, the hours of operation applied for, the siting of a pool table within the cafe and the possibility of anti social behaviour.

3.4 In addition, two letters of support have been submitted by the adjoining business units advising that overflow parking can be accommodated on the site through the applicant utilising the allocated spaces for the other units on the site.


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

4.2 It should be noted that the application raises no strategic issues. This application must therefore be assessed against the relevant development plan policies, which are the Southern Area Local Plan 2008 Policies IND8 (Established Industrial and Business Area), RTLI 1 (Bad Neighbour Developments) and TR13 (Assessing the Transportation Implications of Development), together with other material considerations.

4.3 Policy IND8 indicates that the Council will seek to retain the existing character of Established Industrial and Business Areas by safeguarding existing uses and supporting the development of General Industrial, Distribution, Storage or Class 4 Business Uses where appropriate. Despite the site’s industrial zoning the proposals may be considered to complement and support the role of the industrial area through the provision of a service to be utilised by the occupants of the industrial site and the larger industrial site at Righead Industrial Estate. It is therefore considered that the principle of a cafe at this location complies with policy IND8.

Policy RTL l l requires the assessment of the potential impact on the character and amenity of the surrounding environment. The application property is currently vacant and the previous use was as a bathroom showroom/sales area, whilst the adjacent units are a Kilt Hire business, a Laminate Floor business, a Blind business and a Bathroom business. The granting of consent for a cafe at this location is not considered to conflict with surrounding uses as the nearest residential dwellings are located in excess of 20 metres from the rear of the proposed cafe. Furthermore, the impact of a cafe in terms of residential amenity, fumes, noise or general disturbance is not considered to be significant due to the mix of uses in this locality, the installation of ventilation systems and the proposed restriction to the parking area, allowing parking in the rear yard only between 8:30am and 6:30pm. In relation to the proposed hours of operation, the applicant has identified that the premises are to open from 6am to 11:30pm; it is worth noting that this would be determined by the Licensing Section of the Council. As such it is considered that the proposal would not adversely affect the amenity of the surrounding area as it introduces a use to a vacant unit that is compatible with the adjoining land uses. Access and parking is considered fully in paragraph 4.5 below.

Policy TR 13 (Assessing the Transportation Implications of Development) sets criteria relating to road and pedestrian safety, parking and servicing. The proposal contains parking provision for four vehicles to the rear of the premises, however as outlined above, it is proposed to restrict their hours of use in the interest of residential amenity. In addition written confirmation has been received from the adjoining businesses and the land owner of the land within which the adjacent businesses are set confirming that the adjoining units parking spaces can be utilised as overflow parking if required. In relation to the Transportation Team Leaders concerns regarding the increased use of the access, it is considered that there will be a limited increase, given the existing usage of the access and that the unit could be reopened as a business without the

4.4

4.5

70

need for consent. Furthermore, it is not considered that the introduction of a cafe would intensify the use of the access to a level that would warrant the refusal of the application as the majority of trade is anticipated to come on foot from the associated industrial estate. It is therefore considered that the proposed access and parking arrangements would not lead to an intensification of use and that there is adequate parking provision within the site to accommodate the requirements of the cafe. As such it is considered that the proposals are acceptable in terms of Policy TR13.

A material consideration is the Finalised Draft North Lanarkshire Location Plan, however, the zoning and policy position remains unaltered from the Adopted Plan.

4.6

4.7 In relation to the points of objection, I would comment as follows:-

In relation to the concerns over noise, it is considered appropriate to attach a condition restricting the noise associated with the air conditioninghentilation system or any other plant in order to ensure that the development will be within acceptable limits in the interests of residential amenity. The concerns of the owner of Capos Hotel are noted, however it is considered that there is sufficient parking within the industrial site to cater for the use of the cafk as detailed in paragraph 4.5 above. Furthermore, parking restrictions are in place on Old Edinburgh Road, which will restrict the use of on street parking at this location. In relation to the over provision of similar facilities in the vicinity, it should be noted that this is not a material consideration. In relation to concerns over the increase in the levels of waste, the comments are noted, however as discussed above in paragraph 4.4 it is considered that the likely impact of this proposal on residential amenity is not considered to be significant. Furthermore Environmental Legislation is in place to govern issues of waste. The concerns in relation to the type of license and hours of operation, I can confirm that these issues will be dealt with by the Licensing Section of the Council, prior to the development being brought into use, in the event that consent is granted. Furthermore the issue of a pool table being located within the premises is not classed as a material consideration as it considered to be ancillary to the use of the unit as a cafe.

4.8 In conclusion, it is considered that the proposal complies with Policy IND8 as the cafe compliments the role of this small scale industrial area. Subject to the recommended conditions the impact of the development on the adjoining commercial and residential properties is likely to be of limited significance and insufficient to warrant the refusal of the application, given the existing commercial nature of the site. On balance I consider that the development is acceptable in terms of Policies RTLl 1 and TR13. However, given the concerns raised by the objectors regarding operational issues, it is considered prudent to issue a temporary consent for a year, subject to conditions which minimise the potential of the business to affect the amenity of the neighbouring properties.

71

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


S1081017511FUL

13th January 2009

John G. Baillie Branchalburn Farm Newmains ML2 8QG

Hardie Associates Ltd 78 Hopetoun Street Bathgate EH48 4PD

Erection of Detached Dwellinghouse

Branchalburn Branchal Road Wishaw ML2 8QG

19 Murdostoun: Councillors Martin, McKendrick, Shevlin and Taggart

281000656927

SIP LIB F3175lG SMIG F

None

The site is covered by Policy ENV6 (Green Belt) of the Southern Area Local Plan 2008

No

Scottish Water (Comments) Scottish Power (No objections)


Advertised on the 23rd January 2009

72

PUNNINO APPLICATION NO 9 I 08 I01 751 I FUL

ERECTION OF DETACHED D W E ~ N ~ H O U S E

B ~ N C ~ ~ U ~ ~ BWNCHAL UOAO, WISHAM

Site are8 = 0.37 ha

73


1.

2.

3.

4.

5.

6.

7.



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

Reason: To accord with policy ENV 6 Green Belt Policy.

That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls, dormer faces, sides and roofs shall be submitted to and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Notwithstanding this requirement the facing materials shall include a stone or synthetic stone base, neutral coloured render with smooth banding or stonework around window/door openings and dark grey slate or slate effect roof.


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. Any walls or fences erected shall be implemented as per the details approved.


That PRIOR to any works of any description being commenced on the application site, a comprehensive site investigation report shall be submitted to and approved in writing by the Planning Authority. The investigation must be carried out in accordance with current best practice, such as BS 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 as part of the above report.

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

That any remediation works identified by the site investigation report required in terms of Condition 5 above shall be carried out to the satisfaction of the Planning Authority prior to the first occupation of the dwellinghouse hereby approved. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

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.

74

8.

9.

10.

11.

12.

13.

That before the dwellinghouse hereby approved is occupied the associated parking and manoeuvring area as shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

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

Notwithstanding the details on the approved plans, for the avoidance of doubt, that prior to the occupation of the dwellinghouse hereby permitted, the driveway access shall be constructed to a 5.5 metre (maximum) drop kerb footway arrangement.

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

That before the dwellinghouse hereby permitted is occupied, the driveway associated with it shall be completed and the first 2 metres of this access beyond the limit of the adjoining public road shall be surfaced in an impervious material.


That before the development hereby permitted starts a scheme detailing access improvements shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, the access improvements for the route marked GREEN on the approved plans shall include intervisible passing places, along the access road leading from Barrisdale Road to the driveway of the dwellinghouse hereby permitted, to the satisfaction of the Roads Authority.

Reason: In the interests of traffic and pedestrian safety.

That before the dwelling hereby approved is occupied, the scheme approved under the terms of Condition 11 above shall be completed to the satisfaction of the Planning Authority.

Reason: To ensure that access improvements are carried out in the interests of road safety.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawing numbers; 08/091/PL01 and 08/091/PL02A.


NOTE TO COMMITTEE

If the Committee are minded to grant consent the decision notice will not be issued until a Section 75 Agreement is signed between the Council and developer to ensure that the occupation of the dwellinghouse is limited to a person employed full time in agriculture at this unit and to ensure that the house remains part of the agricultural holding upon which the needs assessment has been based.

75

Background Papers:

Application form, plans and report by the Scottish Agricultural College received 22nd December 2008

Email from C Hardie received 24'h February 2009

Letter from Scottish Water received 2gth January 2009 Letter from Scottish Power received 27'h January 2009 Letter from SAC received 3rd March 2009

Memo from Protective Services received !jth February 2009 Memo from Transportation received 24'h February 2009

Any person wishing to inspect these documents should contact Mr Graham Smith at 01698 27 4104.

Date: 3 March 2009

76

APPLICATION NO. S108101751IFUL

REPORT

1.

1 .I

1.2

2.

2.1

3.

3.1

3.2

3.3

3.4

3.5

4.

4.1

4.2


This application seeks planning permission for the erection of a dwellinghouse at Branchalburn Farm, Cambusnethan. The application site is 100 metres to the south east of the main farm buildings and is accessed from the private single track road leading to the farm. The holding is 68.46ha in area and the site is bounded by fields on all sides.

The applicant proposes to erect a single storey farmhouse. A farm labour justification by the Scottish Agricultural College has been submitted in support of the application, which states that there is a labour requirement of 3 farmworkers.

Development Plan

The site lies within an area covered by Policy ENVG (Green Belt) in the Southern Area Local Plan 2008.


My Transportation Section have raised no objections to the proposal subject to conditions relating to the access width, parking provision and the provision of intervisible passing spaces along the length of road leading to the proposed dwellinghouse.

My Protective Services Section raised no objections subject to requirement for a site investigation report.

Scottish Power and Scottish Gas Networks have no objection but note the location of their apparatus in relation to the site.

Scottish Water have offered no objections to this application but have stated that the applicant be required to contact Scottish Water Development Planning Team prior to the commencement of any development on site, and that non objection does not guarantee connection to Scottish Waters infrastructure.

No letters of objection were received following the neighbour notification and advertisement.


This application is not of strategic significance and therefore only requires to be assessed against the Southern Area Local Plan 2008. The site is zoned as Policy ENVG (Green Belt). Policies HSGl l (Housing in the Green Belt and Countryside) and TR13 (Assessing the Transportation Implication of Development) are also relevant in this case.

Policy ENVG seeks to safeguard the character and function of the Green Belt and there is a presumption against development unless associated with a bona fide rural use. Policy HSG 11 allows for an additional house in the Green Belt when the dwelling is necessary for agricultural purposes. In this case the proposal relates to agriculture and an agricultural justification report prepared by the Scottish Agricultural College has concluded that there is a labour requirement of 3 farm workers for Branchalburn Farm. This takes account for the stock carried (cattle) and crops grown (grazing, silage, cerealdhay). The proposal is considered to meet the policy

77

requirement in relation to need for additional accommodation on site. This policy also sets criteria for assessing new housing applications in terms of visual prominence of the site, design issues, vehicular access and site drainage. The site is not located in a visually prominent location as it is 73 metres from the nearest housing estate and is a significant distance from the nearest public road. The location of the dwelling outwith the existing steading area in this instance is considered to be acceptable as it would allow surveillance of the private access track which is known to be subject to fly tipping and also it allows some separation from the farm buildings but would still be within practical walking distance. The dwelling would be single storey in height with attic accommodation and the design and materials proposed are traditional and in keeping with the character and amenity of the surrounding green belt area. A condition is proposed to control the materials used. The traffic issues relating to the proposal will be considered under assessment of the application against policy TR13.

Policy TR 13 sets criteria relating to road and pedestrian safety, parking and servicing. As discussed above in paragraph 3.1 my Transportation Team Leader has raised no objections to the proposal subject to conditions. Conditions are recommended to provide passing places and control the driveway access width and parking provision. The proposal is therefore considered to be in compliance with Policy TR 13.

4.3


4.5 With regard to comments received from Protective Services, a condition is proposed requiring a site investigation report.

4.6 In conclusion, I am satisfied that the design and impact of the dwellinghouse is acceptable from a planning viewpoint and that the proposal is therefore in compliance with policies ENV6, HSG 11 and TR13 of the Southern Area Local Plan 2008. It is considered that the proposed development should be covered by a section 75 legal agreement which limits the occupation of the dwellinghouse to a person employed full time in agriculture at this unit and to ensure that it remains part of this agricultural holding. For the reasons stated above, it is recommended that planning permission be granted subject to conditions and a section 75 agreement.

78

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


S/09/00083/FU L

29th January 2009

Niall & Alison McLaren 2 The Cuillins Calderbraes Uddingston G71 6EY

Murray MacLeod Architectural Services 53 Kirklands Renfrew PA4 8HF

Erection of a Two Storey Side Extension to Dwellinghouse

2 The Cuillins Calderbraes Uddingston G71 6EY


269024 662 1 92

S/PL/BF/W71 RMC/GF

0

0

S/99/01050/FUL Extension to Dwellinghouse - Granted 8th September 1999 S/08/01634/FUL Erection of Single Storey Rear Extension to Dwellinghouse - Granted 21st January 2009

The site is zoned as HSG 7 (Established Housing Areas) in the Southern Area Local Plan 2008

No

None

One letter of representation received

Not Required

79

PLANNING APPLICATION No S I 09 I00083 I FUL

ERECTION OF A TWO STOREY SIDE EXTENSION

1 THE CUUINS, UODINOSTON. * Representatmn

80


1.

2.

3.

4.


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

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

Reason: To safeguard the residential amenity of the area.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- DRW. 1 Rev. A, DRW. 2 and DRW. 3.


That at least 2 parking spaces shall be retained within the site at all times to the satisfaction of the Planning Authority.

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

Background Papers:

Application form and plans received 2gth January 2009

Letter from Mrs Audrey O'Boyle, 12 The Cuillins, Uddingston, G71 6EY received loth February 2009

Any person wishing to inspect these documents should contact Mr Gary McEwan at 01698 2741 17.

Date: 3 March 2009

81


REPORT

1.

1.1


This application seeks planning permission for the erection of a two storey side extension at 2 The Cuillins, Calderbraes Uddingston. The site measures approximately 388 square metres and is bounded by dwellings on all sides apart from Old Edinburgh Road to the north. The application property is a two storey detached dwellinghouse with attached garage and located within an established residential area characterised by a mixture of detached and semi- detached, one and two storey houses. Access is taken from the Cuillins and there is provision for two off street parking spaces.

The proposed extension will be located to the side of the dwelling and incorporate the existing attached garage. The applicant proposes to construct the extension to the rear of and above the garage to create a bedroom and bathroom on the first floor and an enlarged utility room on the ground floor. This would project 3.5 metres from the west elevation of the dwellinghouse and will be 9 metres in length. The roof will be hipped and pitched to tie-in with the existing roof. The extension will be 7 metres in height to match the existing roof height and finished in materials to match the existing dwellinghouse.

It should be noted that two previous applications have been granted at this site for extensions to the dwelling. A single storey rear extension (Ref.S/99/01050/FUL.) granted consent on 8'h September 1999 has been constructed. Planning Permission has been granted (Ref.S/08/01634/FUL) for a further single storey rear extension on 21" January 2009 and is yet to be constructed.

1.2

1.3

2. Development Plan

2.1 The site is zoned under Policy HSG7 (Established Housing Areas) of the Southern Area Local Plan 2008.

3. Consultations and Representations

3.1 No consultations were required.

3.2 Following the neighbour notification procedure, one letter of representation has been received in relation to this application. The representations can be summarised as follows:

1. The two storey extension will violate privacy due to the positioning of the bedroom window which will look directly at the objectors bedroom and living room.

2. The proposal will affect the amount of light entering the objectors house causing overshadowing and will lead to increased electricity bills.

3. The size of the extension will adversely affect the character of the small cul-de-sac and will reduce the value of surrounding properties.

4. The proposal will create severe traffic problems entering and leaving the cul-de-sac and due to the size of the proposal, there will be severe access problems to the objector's house and garage.

5. The size of the extension could intensify the drainage problems in the area. 6. This is the second application for an extension to this house in recent weeks for an already

large detached house.

82


4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions are made in accordance with the development plan unless material considerations state otherwise. The proposal raises no strategic issues and can therefore be assessed against Local Plan Policies.

4.2 In terms of local plan policy the site is zoned under HSG7 (Established Housing Areas) of the Southern Area Local Plan 2008. Policy HSG12 (Housing Extensions) is also relevant to this application.

4.3 Policy HSG 7 seeks to protect the established character of existing housing areas by opposing development which adversely affects the amenity of Established Housing Areas.

Policy HSG12 sets out various criteria for assessing such applications, including the design, size, proportion and position of extensions, the effect on the amount of garden ground retained and the impact on the street scene, the impact of the proposal on neighbouring properties in relation to privacy, sunlightldaylight and parking provision and access.

With regards to the size, design and scale of the extension it is considered to integrate and be in keeping with the existing house. The surrounding area is characterised by housing comprising of a variety of different sizes, scales and styles and it is considered that the proposal will not be detrimental to the amenity and character of the area. The site visit indicated that there have been a number of properties in The Cuillins which have been extended previously in particular those at No.11 and No.33 The Cuillins which have been extended considerably. The house at No.33 is similar in design and style to the application site in question. No.33 has been extended previously with a similar two storey side extension therefore the principle of the style and location of such an extension has been established within the streetscene. The extension would be located to the side of the house, predominantly above the existing garage and would only slightly increase the house’s overall footprint. While the applicant had been granted two separate single storey extensions; the dwelling is situated in a large plot and as such the rear garden area would not be significantly reduced. There is a first floor window proposed on the front elevation and two windows proposed on the rear elevation, however there will be no impact on privacy levels at any other properties as the property will be greater than 18 metres from the relevant properties. A sunlightldaylight test was undertaken and it was concluded that there would be no issues due to the positioning and orientation of the dwellinghouse. Access and parking within the site will be unaffected by the proposal and sufficient parking facilities will remain by way of planning condition.

4.4

4.5

4.6 On the grounds of the objections raised I would comment as follows:

1. It is considered there is no adverse impact on privacy as discussed in paragraph 4.5 above. 2. In respect to point made on the impact of proposal on the amount of sunlight received by the

objector there will be no impact due to the orientation of the house as addressed in paragraph 4.5 above.

3. It is considered there is no adverse impact on the character of the area as discussed in paragraph 4.5 above and the affect of the proposal on property prices is not a material planning consideration.

4. It is considered that there will be no adverse impact on the traffic movements within the cul- de-sac or on the objector’s ability to gain access to their house or garage. During construction there may be some disruption, however this issue is not a material planning consideration.

5. In respect to the impact of the proposal on drainage, the concerns of the objector are noted however the proposed extension will not affect drainage in that the applicant has an existing arrangement in place which suitably caters for the proposal. Methods to address drainage will be assessed at the Building Warrant stage.

83

6 . This application is the second application to be submitted within the last 3 months for this site. There are no restrictions on the number of applications householders can submit and although the dwellinghouse has been extended previously and currently has planning permission to extend further, each application is determined on its own merits and in this case the current proposal is not considered to constitute overdevelopment due to the aforementioned reasons discussed in paragraph 4.5 above.


4.8 In conclusion I am satisfied that the design and impact of the extension is acceptable from a planning viewpoint and that the proposal is in compliance with Policies HSG7 (Established Housing Areas) and HSGl2 (Housing Extensions) of the development plan. Notwithstanding the objections raised by the neighbour and for the reasons stated above, it is recommended that planning permission be granted subject to conditions.

84

Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Develoment Plan:


Consultations:

Representations :


S/09/00131/FUL

9th February 2009

Richard Holding 45 Tarras Drive Renfrew ?A4 OW

Siting of a Mobile Snack Van

Block 10 Unit 3 Sandyford Avenue Newhouse Ind Est Motherwell MLI 5RX

15 Mossend and Holytown: Councillors J Coyle, Delaney and McKeown

277704 661 570

S/PL/BF/5/66/GAR/G F

None relevant

Southern Area Local Plan 2008 zoned as IND l(lndustria1 and Business Land Supply)

No

None



85

86

Recommendation: Approve Subject to the Following Condition:-

1. That the permission hereby granted is for a temporary period only and shall expire on 13th March 2014.

Reason: To allow the Planning Authority to retain effective control and assess the impact of the development over the temporary permitted period.

2. That the snack van hereby permitted shall be permitted shall be positioned within the lay by adjacent to Sandyford Avenue out with the area shaded orange on the approved plan.


Background Papers:

Application form and plans received 9th February 2009

Memo from Transportation Team Leader received 13th February 2009

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01698 274103.

Date: 25 February 2009

87


REPORT

1.

1.1

1.2

2.

2.1

3.

3.1

3.2

4.

4.1

4.2

4.3

4.4

4.5


This application seeks planning permission for the siting of a mobile snack van at Sandyford Avenue opposite the Thus industrial building within the Newhouse industrial estate, Newhouse.

The snack van is of standard dimensions and is to be located in an exclusively industrial area to the rear of an existing distribution centre (container storage area) within a recessed area used for informal parking. The applicant has noted that the facility will be open between 06.30 Hrs & 16.00 Hrs.

Development Plan

The site is zoned as IND 1 (Industrial and Business Land Supply) in the Southern Area Local Plan 2008.


The Traffic and Transportation Team Leader has no objections subject to the snack van being located out with the existing visibility splay at the junction of Sandyford Avenue & Mosshall Road.

No letters of representation were received following the neighbour notification and advertisement procedures.


In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. This application is not of strategic significance and therefore only requires to be assessed against the Southern Area Local Plan 2008.

The site is zoned as IND 1 (Industrial and Business Land Supply). Policies also relevant are IND 8 (Established Industrial and Business Areas), RTL 11 (Assessing Applications for Bad Neighbour Development) and TR13 (Assessing the Transport Implications of Development).

Policy IND 1 seeks to maintain a level of marketable land supply for industry and business however given that the proposal doesn’t affect the land supply it is considered in detail under policies IND 8, RTL 11 and TR13 below. It is considered acceptable that mobile snack vans generally will be located within industrial areas. Given the small scale of this development it will not compromise the aims of this policy therefore, the development accords with policy INDl.

Policy IND 8 states that the council will seek to retain the existing character of established industrial and business areas by safeguarding existing uses. As discussed in paragraph 4.3, this proposal would be acceptable in an industrial area as no loss of amenity is anticipated in considering the character of the industrial area. The proposal accords with IND8.

The mobile snack van would be classified as a Bad Neighbour development and is considered under Policy RTL 11. That policy generally directs bad neighbour developments to town centre

88

or neighbourhood commercial areas. In assessing such proposals the impact upon the character and amenity of the area and upon access and parking are relevant considerations in this case. With regard to the effects of the proposal on the surrounding land uses it is not considered that the snack van will have a significant impact. The surrounding area is exclusively industrial and the site is set back set back from Sandyford Avenue. In this respect, it is not considered to adversely affect the amenity of the surrounding industrial area. Access and parking are considered in paragraph 4.6. It is considered that the proposal complies with Policy RTL 11.

4.6 Policy TR13 requires assessment of the proposal against various transportation criteria. It should be noted that the snack van would be located within a recess opposite an existing industrial building and that this is an area where only vehicles and personnel associated with this building are likely to use intermittently. The Transportation Team Leader has no objections to the proposal. I would however recommend a condition in the interests of maintaining the current visibility splay. Subject to this condition the proposal complies with policy TR13.

In conclusion, I consider that in view of the compatibility of the proposal with the surrounding land uses, the proposed snack van complies with the relevant development plan policies contained in the Southern Area Local Plan 2008. It is also noted that following notification procedures and an advert in the local press, no objections have been received. I therefore recommended that planning permission be granted subject to conditions.

4.7

89

Documents

North Lanarkshire Council · Grant (P) Grant (P) Grant Grant Grant Refuse 2 . 43 55 60 66 72 79 85 S/07/01534/FUL Cala Management Ltd S/08/01499/HSC William Grant & Sons Distillers