3, rdi?* applications for planning and environment ... · produced by planning and environment...

3 , m D A I'IZM rdi?* APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 27JUNE 2005

Page No. Application No.

11 C/04/01705/MIN

29 C/05/00222/FUL

Applicant

Kilgarth Development Company

Mr & Mrs W Hendrie

34 C/05/00516/FUL Mrs Keen

39 C/05/0067O/FUL Mr Rea

44 C/05/00672/FUL

49 C/05/0075O/FUL

Mr N Ford

T-Mobile (UK) Ltd

55 C/05/00755/FUL T-Mobile

60 S/04/02118/OUT

65 S/04/02223/OUT

77 S/05/00172/FUL

81 S/05/00296/FUL

Braidcrest Limited

B & S Hill

Mr & Mrs Crawford

Tritax Assets Ltd

DevelopmentlLocus Recommend at io n

Winning of Materials and Associated Land Engineering Operations and Landscaping to Secure Remediation of the Former Kilgarth Landfill site (with Access taken through the Gartcosh Industrial Park) - Land to North of Former Kilgarth Landfill Site Gartgill Road Coatbridge

Grant (P)

Reconstruction of Former Farmhouse - Boglea and Cameron Farms off Hulks Road Greengairs

Grant (P)

Erection of Extension to Rear of Dwellinghouse - 16 Devonview Street Airdrie

Grant

Erection of Rear Extension to Dwellinghouse to Form Flatted Development (4 No. Dwellinghouses) - 172 Airdrie Road Caldercruix

Grant (P)

Erection of Fence to Front of Dwellinghouse (Retrospective) - I I Kenmore Way Carnbroe Coatbridge

Grant

Erection of 15m Grant Telecommunication Mast with 6 Antennas, 2 Dishes and Ancillary Equipment Cabinets - Drumpellier Cricket Club Drumpellier Avenue Coatbridge

Erection of 15 Metre Grant Telecommunication Monopole (3 No. Antennas) with Ancillary Equipment Cabinets - Moy Hall 17 Aitken Street Airdrie

Erection of Dwellinghouse - North of Chapel Road Junction Morningside Road Newmains

Refuse

Construction of Foodstore - Grant The Kilt Main Street Newmains

Erection of Dwellinghouse - Refuse Forrestburn Cottage Harthill

Erection of Distribution Grant Warehouse - Land north of McNeil Drive,Eurocentral, Holytown

APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 27JUNE 2005

Page No. Application No. Applicant DevelopmentlLocus Recommendation

84 S/05/00597/0UT Stuart MacFarlane Residential Development - Grant Renewal of Consent 201 Morningside Road Newmains

89 S/05/00810/0UT Peter McShane Erection of Dwellinghouse - Grant Renewal of Consent 320 New Edinburgh Road Uddingston

(P) C/04/01705/MIN: If granted, planning permission not to be issued until Section 69 Local Government (Scotland) Act 1973 and/or Section 75 agreed.

Application No:

Date Registered:

Applicant :

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

C/04/01705/MIN

23rd September 2004

Kilgarth Development Company 68-82 Boden Street Glasgow G40 3PX

lronside Farrar Ltd 12 Gayfield Square Edinburgh EH1 3NX

Winning of Materials and Associated Land Engineering Operations and Landscaping to Secure Remediation of the Former Kilgarth Landfill Site (with Access taken through the Gartcosh Industrial Park)

Land To North Of Former Kilgarth Landfill Site Gartgill Road Coatbridge Lanarkshire

33 North Central And Glenboig Councillor Mary Clarke

2721 33 667874

No significant history within application site. Adjacent Kilgarth Landfill Site operated from 1941 to 2000.

Zoned as Greenbelt within the Monklands District Local Plan 1991

No

NLC Community Services (Comments) Scottish Executive (No objections) Scottish Natural Heritage (Comments) West of Scotland Archaeology Service(Comments) Scottish Environment Protection Agency(Comments) Scottish Water (No Objections) Health and Safety Executive (No Objections) British Gas (Comments) Scottish Power (No objections) Network Rail Scotland (Comments) British Telecom (No Objections) Gartcosh Com m u nity Council (Com ments)

None

Advertised on 6th October 2004

Produced by Planning and Environment Department Planning Application NO C/o4/01705/MIN Fleming House Winning of Materials and Associated Land Engineering Operations 2 Tryst Road CUMBERNAULD and Landscaping to Secure Remediation of The Former Kilgarth G67 1 JW Site (With Access Taken Through The Gartcosh lndustriual Park) Tel. 01236 616210 Fay. 01236 616232 Land To North of Former Kilgarth Landfill Site

Gartgill Road, Coatbridge

Parrcduc. l tomiisOrdnam suweyrnapppw W l h Mprm, I . lmo(MCm"~I ,e rdnrMgmIa Stllm-aO 0"tCB aorwwn copjr,gn,

sm m ~ l m d l o D l o l ~ " 1 l m 0,Ei"lI p0sYelw.I to Scak U n ~ ~ ~ m s ~ d r ~ m d u c u m # n h # w s C m n cowriint

A 3s Licence 100023369 2004

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within one year of the date of this permission or any other reasonable timescale agreed in writing by the Planning Authority.

Reason: To ensure the timeous implementation of the development so as not to interfere with the management of the Great Crested Newts and so as not to hinder the development of the Gartcosh Industrial Park.

2. That the excavation and infill works hereby permitted shall be completed within 12 months of the commencement of the works, confirmation of which shall be provided in writing to the Planning Authority. Within 18 months of the start date, any buildings and machinery shall removed from the site and all works relating to the restoration of the site (as agreed under the terms of condition 11 shall carried out in full.

Reason: To ensure that the development is not carried out over a prolonged period to protect the amenity of nearby houses and communities.

3. That the applicantloperator shall give at least one week written notice to the planning Authority of the intention to commence work.

Reason: To enable the Local Planning Authority the opportunity of monitoring the development.

4. That before any works commence on site (or on any individual phase of the development) the applicantloperator shall demonstrate to the satisfaction of the Local Planning Authority by way of a copy of a signed contract (or extracts thereof) demonstrating that sufficient inert materials are being made available to cater for the needs of the entire site, or individual part of the site, for infill purposes. For the avoidance of doubt, all infill material shall be inert.

Reason: To ensure that all excavated areas are not left unfilled for a prolonged period in the interests of visual amenity and safety.

5. That the development shall be implemented in accordance with a phasing plan which shall be submitted to and agreed in advance by the Local Planning Authority.

Reason: To ensure a minimum possible impact on the environment at any given time.

6. That before the development hereby permitted starts, full details of the location of the temporary contractors’ site compound and all temporary stockpiles of soils and any other materials shall be submitted to the Planning Authority for its prior approval.

Reason: To define the permission and in the interests of protecting the visual amenity of the area and its nature conservation value.

7. That before any works commence on site, a detailed survey of protected species shall be carried out within the site. The nature and extent of the survey shall be agreed in advance with the Local Planning Authority. Thereafter, the developer/operator shall implement the terms of any necessary mitigation measures as agreed with the Local Planning Authority.

Reason: In order to obtain adequate information on and afford adequate protection to protected species in the interests of nature conservation.

8. That before any works commence on site, full details of the exact location and means of crossing the watercourse by the haul road to the south of the Glasgow/Cumbernauld railway line shall be submitted to the Local Planning Authority.

Reason: To ensure the submission of adequate details in the interests of protecting nature conservation interests.

9. That before development starts, a detailed drainage strategy, including full details of the location and design of the surface water drainage scheme to be installed within the application site both during the operation phase of the development and the as part of the restoration scheme shall be submitted to and for the approval of the Planning Authority, and for the avoidance of doubt the scheme shall comply with the principles of Sustainable Urban Drainage Systems (SUDS).

Reason: To safeguard the amenity of the area, to ensure that the proposed drainage system complies with the latest SEPA guidance and in the interests of nature conservation.

10.That before any excavation works take place within 150m of Gartgill Road, geotechnical information shall be submitted to the Local Planning Authority for its prior approval which demonstrates that the workings will have no adverse impact on the safety and structural stability of the public road.

Reason: In the interests of public safety.

11 .That before any works commence on site, a detailed restoration and aftercare plan shall be submitted to the Local Planning Authority for its prior written approval. In particular, the information shall include the following information:

0 Details of contours before and after the development, and for the avoidance of doubt, the final levels should be integrated into the surrounding landform, and the final heights should not exceed existing levels.

0 The scheme should allow for habitat creation.

0 The applicant must demonstrate that habitat creation more than offsets any loss of ecological value as a result of the excavation works and ancillary operations.

0 Details of site aftercare for a period of 5 years from the date of completion of the restoration scheme.

Reason: To ensure the submission of adequate information in the interests of visual amenity, site management and nature conservation.

12.That following the completion of the restoration scheme as outlined by conditions 2 and 11, the aftercare scheme required by condition no. 11 shall be in place.

Reason: To ensure the proper management of the restored site in the interests of nature conservation and the amenity of the area.

13.That before any works commence on site, the applicant shall appoint an ‘Ecological Clerk of Works’ which shall be a person or body suitably qualified in ecological matters. The remit of the ‘Ecological Clerk of Works’ shall be agreed with the Local Planning Authority prior to the appointment being made, but this shall include the co-ordination of all works with implications for nature conservation within the site and to monitor and ensure the satisfactory implementation of all related works.

Reason: To ensure the proper implementation of all related works in the interests of nature conservation.

14.That hours of operation shall be restricted to Monday-Friday between 7000 and 1900 and Saturday from 7000 to 1200. For the avoidance of doubt, there shall be no working outwith these times or within Public Holidays. Any essential maintenance of plant or machinery shall not take place outwith these times unless agreed in writing in advance by the Local Planning Authority.

Reason: To define the permission and to protect the amenity of nearby communities.

15.That noise levels emanating from the site caused by excavation and associated operations, including transport and maintenance operations, shall not exceed 55dB Laeq (1 hour) at noise sensitive properties, with the exception of noise levels caused by soil stripping and the creation of bunds which should not exceed 70dB Laeq (1 hour) at any noise sensitive property for a period not exceeding 8 weeks.

Reason: To ensure that noise limits are within set limits in order to protect the amenity of nearby houses.

16.That before any works commence on site, a detailed Method Statement should be prepared and agreed with the Local Planning Authority to ensure adequate control of airborne particulate on amphibians, other sensitive habitats and nearby residential properties. The agreed works shall thereafter be implemented in full during the operational and restoration of the site.

Reason: In order to minimise dust impacts in the interests of residential amenity and nature conservation.

1 -/.That unless otherwise required by the terms and conditions of this planning permission, all the nature conservation mitigation measures contained within the reports entitled Environmental Appraisal Reports (Volumes 1,2 and Supplementary Report) and Phase 1 Habitat Survey of Extended Area shall be implemented in full.

Reason: In order to protect the nature conservation interests within and adjoining the site.

18.That before the development hereby permitted starts, the applicant shall secure the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant, and approved by the Planning Authority in consultation with the West of Scotland Archaeology Service as appropriate.

Reason: To enable an archaeological evaluation of the site to be carried out.

19.That before the development hereby permitted starts, a written archaeological mitigation strategy shall be submitted to the Planning authority for its approval (in consultation with the WofSAS and other interested bodies). This will include details of and proposals for the long term protection and retention of any suitably important discoveries made during the evaluation and for further archaeological investigations found necessary following the results of the evaluation.

Reason: To allow for the protection and retention of sites of archaeological interest. 20.That before any works commence on site, the applicant shall, by means of appropriate measures

agreed with the Local Planning Authority in advance, close off the existing vehicular access point to the site from Gartgill Road, and for the avoidance of doubt, all traffic shall enter the site via Junction 2A of the M73.

Reason: To define the permission in the interests of road safety and amenity of nearby communities.

21 .That before any works commence on site, details of the location and specification of a wheel wash facility, for use by lorries leaving the site, shall be submitted to the Local Planning Authority for its agreement and this facility shall be in place and available for use for the lifetime of the development.

Reason: To assist in keeping public roads clear of mud and debris in the interests of road safety.

NOTE TO COMMITTEE

If granted, the planning permission will not be issued until:

0 An agreement under Section 75 of the Town & Country Planning (Scotland) Act 1997 has been concluded with the applicant and a Bond of Caution in respect of site restoration and aftercare.

andlor

0 Section 69 Agreement: An Agreement under Section 69 of the Local Government (Scotland) Act 1973 has been concluded with Glasgow City Council in respect of site restoration and aftercare.

Background Papers:

Application form and plans received 22nd September 2004

Memo from Transportation Section received 31" May 2005 Memo from Geotechnical Team Leader received 25th October 2004 Memo from Protective Services Section received 2dh January 2005. Memo from NLC Community Services received 19th October 2004 and 1 8'h May 2005 Letter from Scottish Executive Roads Directorate received 29th October 2004 Letters from Scottish Natural Heritage received 31 st May 2005 and 2!jth October 2004. Letter from West of Scotland Archaeology Service received 24th November 2004 Letter from Scottish Environment Protection Agency received 29th December 2004 Letter from Scottish Water received 25th October 2004 Letter from Health and Safety Executive Letter from British Gas received 19th October 2004 Letter from Scottish Power received 27th October 2004 Letter from Network Rail received 24th November 2004 and 1 Oth March 2005. Letter from British Telecom received 20th October 2004 Letter from Gartcosh Community Council received 8th November 2004

Any person wishing to inspect these documents should contact Mr Lindsay Kellock at 01236 812379.

APPLICATION NO. C/04/01705/FUL

REPORT

1.

1 .I

1.2

1.3

2.

2.1

2.2

2.3

The Kilgarth Landfill Site was operated from 1941 to 2000 by Glasgow City Council (GCC) accepting for the most part household-refuse. Although small areas of landscaping were undertaken in 2001, the most significant and important part of the restoration process (the creation of an impermeable cap over the site) has still to be carried out. GCC is under obligation from SEPA to complete the restoration works by early 2006. The initial design of the landfill site was, in 1941, well short of the standards which would apply today, and the lack of a proper base layer to the site has, along with the lack of capping layer, allowing water to enter the site material before being released into the surrounding environment in a polluted state.

Vehicular access to the operational site was from a point on Gartgill Road close to the railway crossing. Lorries were either routed southwards through the residential streets of Townhead or northwards over the railway crossing onto the rural roads towards the A80. Clearly, both routes had serious shortcomings in terms of amenity and safety.

In discussions between the Council and GCC, it was clear that the restoration of the landfill site would necessitate a significant number of lorry movements through north Coatbridge and into the site. The proposed restoration scheme was judged to be of a nature and scale which in itself merited the submission of a planning application. Without wishing to pre-judge an application of that nature, concern was expressed at the impact of considerable lorry traffic on the amenity and safety of the residential area.

Description of Site and Proposal

Partly in response to the concerns noted above, GCC, Railway Engineering Associates and Scottish Enterprise Lanarkshire (owner of the Gartcosh Industrial Park) have come to an agreement which will aims to (amongst other things) facilitate the restoration of the landfill site whilst avoiding adverse traffic impacts on local communities. It is proposed to remove an average of 3m of mostly peat material, extending over an area of around 13.8ha, equating to 420,000m3. The area of excavation is located immediately to the north of the former landfill site. This material would then be used to assist in capping the former landfill site. Thereafter, inert material would be brought into the site and used both to infill the void and also to add further capping layers to the former landfill site. The workings would be phased, whereby peat material would be removed in sections, before being infilled with imported inert material sourced from construction sites. It is important to note that this application relates only to the above noted excavation and infill works adjoining the landfill site. The actual restoration works to the former landfill site do not form part of this application, as they are deemed to be works ancillary to the landfill operation.

Vehicular access would be taken from junction 2A of the M73, through the as yet undeveloped Gartcosh Industrial Park, under the Glasgow/Cumbernauld railway line (through an existing under bridge) and towards the extraction area. The entire operation would be complete within 1 year. The site would be restored to its original ground levels to a mixture of grass, woodland and ponds, which would be designed with habitat creation in mind.

At present the proposed excavation area is comprised mainly of rough grazing with an area of standing water at its southern edge and an area of woodland on the eastern edge. Both the former Kilgarth landfill site and the proposed excavation area is contained within a triangle of railway lines. Immediately to the east of the site is a public right-of-way which connects Gartgill Road with Glenboig and also acts as the vehicular access for Viewfield Cottage 100m to the north of the site (which would be vacant during the operations). This path runs alongside the

3.

Cumbernauld/Motherwell railway line. To the north, the workings would be set back at various distances (ranging from 20 to 100m) from the Glasgow-Cumbernauld railway line. At its closest point, the excavation area would be 350m from Glenboig and 450m from Townhead. Other isolated houses nearby include Viewfield Cottages (1 OOm to the north of the site) Beech Cottage (250m to the south-east). As noted above, lorry traffic would pass through the Gartcosh Industrial Site, which is owned and being marketed by Scottish Enterprise Lanarkshire. Whilst access and landscaping works have already taken place, there has yet to be any built development within the Gartcosh site. Part of the initial preparatory works comprised the creation of a local nature reserve in order to accommodate the Great Crested Newts which are protected under international law. As part of the planning application currently under consideration, the access haul road would traverse that part of the nature reserve to the south of the railway. In addition to planning permission, these works would be overseen by the Gartcosh Strategic Development Site Project Implementation Group (also known as the ‘PIG’ Group) which comprises representatives of NLC, SNH and SEL. Also, any works which may affect the Great Crested Newts within that area would have to be carried out in accordance with the terms of the special licensing arrangements (issued by the Scottish Executive for such matters). Finally, around 5,000m2 of the site at its north-west corner would impinge into an area which has been identified by the Council as a Site of Interest for Nature Conservation.

Development Plan

3.1 The Monklands District Local Plan 1991 identifies the site as being within the Green Belt. In particular, Policy GBI (Restrict Development in the Green Belt) states that no development will be permitted except for new houses in connection with forestry or agriculture, non-residential developments in connection with forestry or agriculture, uses requiring a rural location or areas identified as having substantial development potential.

3.2 Given that part of the proposal involves the removal of peat (a mineral) Policy MINI (Mineral Extraction) is relevant. This states that the Council will limit extraction areas to (amongst other things) sites within an area identified as the “Devastated Landscape”. Whilst the application site is outwith this area, the policy states that exception can be made where workings would significantly improve an area’s amenity, environment and/or safety. Also, by virtue of the infill element of the proposal. Policy WDRI (Landfill and Refuse Disposal) is relevant. Again, this restricts such workings to within the “Devastated Landscape” but makes similar exceptions to those stated above i.e. amenity, environment andlor safety.

3.3 Policy Min 4 (Peat Extraction) states that the Council will “discourage the opening of further peat workings”.

3.4 The Local Plan classifies rural areas into 5 different landscape qualities ranging from ‘high quality’ to ‘devastated’. The site is identified as ‘Low Quality’, this being second lowest. Accordingly, policy L11/4 (Landscape Improvement) states that the Council will promote the protection and improvement of the landscape, that mineral extraction will only be approved in exceptional circumstances, and only if it can be shown that significant landscape enhancement would result, that the workings would be screened completely from main roads and built up areas.

3.5 Although the Consultative Draft Council wide Local Plan is not due to be published until later this year, the Council has already undertaken an extensive consultation exercise. As part of that exercise, it should be noted that Railway Engineering Associates has made a submission suggesting that an area at Kilgarth should be identified as a potential rail-freight facility.

3.6 Given the size and nature of the development, it is considered to be of strategic importance and should therefore be assessed against the ‘Glasgow and the Clyde Valley Joint Structure Plan 2000’. Strategic Policy 9 (Assessment of Development Proposal) is relevant. This requires

developments to be proven against criteria of need, location and infrastructure. Any development which fail to meet one or more of these criteria are judged to be contrary to the plan but can be proven to be acceptable if they meet the terms of Strategic Policy 10 (Departures from the Structure Plan).

4. Consultations and Representations

4.1 SNH In its initial comments on the planning application, SNH did not formally object to the proposal, but nevertheless expressed concern at the lack of survey work carried out in some areas. The applicant thereafter submitted information designed in part to address these concerns. In response, SNH has commented as follows:

SNH are still uncertain as to the overall benefits of the proposed use of on-site soil forming material, and thus the winning of the raised peat bog.

It should also be noted that the extraction of the peat would result in the destruction of an area of habitat listed in Annex I of Council Directive 92/43/EEC of the Conservation of Natural Habitats and of Wild Fauna and Flora. This habitat also has a North Lanarkshire Biodiversity Action Plan specifically for it, which along with the Nature Conservation (Scotland) Act 2004 places certain biodiversity duties on the Local Authority.

SNH recommends strongly that comprehensive surveys, showing full species details are obtained prior to decision being made on this application.

SNH would suggest further detail and consultation is required in relation to the creation of replacement habitat which should aim to at least replicate the loss of peat.

SNH feel that the full magnitude of any impacts have still not been completely quantified.

4.2 In order to address these concerns, SNH has asked that the following works are carried out:

Full details of the proposed access routes,

Protected Species Surveys

0 All inert material must be of a suitable form and type to allow the establishment of replacement habitats.

0 Further details of the restoration plan should be determined in consultation with the Local Authority, in consultation with the appropriate consultees such as SNH and GPlG

4.3 NLC Community Services NLC does not object in principle to the development, but as with SNH has expressed concern at the quality and extent of some of the information which accompanied the planning application. It has recommended that should planning permission be granted, that the following matters be addressed:

0 Additional habitat creation should be incorporated within the restoration plan.

0 Additional studies should be carried out of protected species including Great Crested newts and badgers and water voles.

0 A detailed landscape plan should be produced for the restored site prior to works taking place.

0 An Ecological Clerk of Works should be appointed for the construction of the haul roads and the extraction of the peat.

Further details required of proposed crossing point of the watercourse between the Gartcosh and Kilgarth sites

4.4 Gartcosh Strategic Development Site Project Implementation Group (PIG) The ‘PIG’ group (see paragraph 2.3 above) has concluded that the likelihood of adverse impacts on the Gartcosh Nature Reserve (GNR) are quite low but only if planning conditions recommended below are implemented:

0 Works (affecting the railway junction zone of the nature reserve must 16‘h May must be completed prior to April 2006 in order to comply with separate licensing arrangements relating to the Great Crested Newts.

0 Temporary amphibian fencing should be erected around the perimeter of the haul road.

0 Habitat restoration proposals should be prepared and agreed with the ‘PIG’ Group prior to any works commencing on site.

0 A Method Statement should be prepared and agreed with the ‘PIG’ Group prior any works commencing on site to ensure adequate control of airborne particulate to prevent direct impacts on amphibians and habitat quality.

0 Heritage Environmental Ltd should be appointed as Ecological Clerk of Works to oversee and approve environmental management of the proposed works.

4.5 The ‘PIG’ group also suggest that SEL, as landowner of the nature reserve, seeks a Minute of Agreement with the applicant that ensures that prior to works commencing the developer is required to provide a bond or deposit equal to the value of the habitat restoration proposals.

4.6 Transportation Section and Scottish Executive Trunk Roads Network Management Division: Both have no objections subject to wheel washing facilities being provided on site.

4.7 NLC Traffic and Transportation (Geotechnical Team Leader): 0 The possibility of Gartgill Road being affected by the operations should be investigated.

0 The applicant should provide a full drainage strategy for the restored site.

4.8 Protective Services Section: In a detailed response, the Protective Services Section sought clarification on the following matters:

0 The developer has failed to provide a technical argument in support of the sustainability argument of winning peat to assist in the restoration of the landfill site.

0 The impact of the development on hydrologylhydrogeology requires further consideration.

0 The suitability of using peat as a restoration material has not been discussed.

4.9

4.10

4.1 1

4.12

4.13

4.14

4.15

0 Further clarification is required to back the developer’s claim that the development will reduce the impact of lorry traffic on the wider area.

The Health and Safety Executive The HSE has confirmed that the development is within the consultation distance of a high- pressure gas pipeline. However, on examining the proposal, it has not objected to the planning application subject to further detailed discussions with the developer.

Network Rail Network Rail has assessed the development and its likely impact on rail infrastructure, including the use of the under-bridge by lorry traffic and the excavation areas in proximity to the railway lines. It has no objections to the planning application subject to detailed requirements designed to ensure rail safety.

Transco: As with HSE above, Transco does not object to the proposals subject to the applicant making proper arrangements to identify and protect the high-pressure gas pipeline.

West of Scotland Archaeology Service: WoSAS is satisfied that the applicant has assessed archaeological impacts properly. Should planning permission be granted, it has asked that a planning condition be attached requiring a programme of archaeological works to be submitted and carried out.

Scottish Power: SP Distribution have no objections in principle but advise that there is apparatus within the area. It would be the developer’s responsibility to relocate any andlor protect apparatus should this be necessary.

Scottish Water: No objection.

Gartcosh Community Council: The Community Council has no objections subject to the following points being addressed:

Access only to be taken tolfrom the M73 junctions 2A and 2B

Wheel and chassis wash facility to be provided.

All lorries to be sheeted.

Local roads to be cleaned on a regular basis.

Start and completion dates for the development to be advised.

Names/addresses/telephone numbers of contractors to be provided where complaints may be made.

5. Planninn Assessment and Conclusions

5.1 Development Plan: Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that in making any determination under the Planning Act, regard has to be had to the development plan. In particular, the determination shall be made in accordance with the plan unless material considerations indicate otherwise. In this instance, the development is considered to be of strategic importance, hence the planning application will be assessed against both the Local Plan and Structure Plan. The site is identified within the Monklands District Local Plan 1991 as being within the Green Belt, and the development does not appear to match the criteria listed in Policy GBI (Restrict Development within the Greenbelt). In terms of policy Min 1 (Mineral Extraction) and WDRI (Landfill and Refuse Disposal) it could be argued that the proposal may qualify as an acceptable exception in that it would offer some benefits to the amenity, safety and the environment of the area. In particular, it could be argued that the development meets these requirements in that it would facilitate the restoration of the landfill site, would allow for the removal of an area of contaminated peat and would divert significant lorry traffic away from nearby residential areas. Finally, the development would be seen to be contrary to policy Min 4 (Peat Extraction) which ‘discourages’ the opening of further peat workings, although this policy does not outline which exceptions may be appropriate.

5.2 In terms of the development’s compliance with the Glasgow and the Clyde Valley Joint Structure Plan, Strategic Policy 9 (Assessment of development Proposals) is relevant. I have assessed the development against relevant elements of this policy as follows:

0 B(i): Safeguard investment into strategic development opportunities: In this instance, the Gartcosh Industrial Site is identified as a ‘Nationally Safeguarded Inward Investment Location’. Bearing in mind SEL’s involvement in this planning application as well as the development of the Gartcosh Industrial Park, it is clear that SEL does not see any conflict between the 2 developments. However, the timescale of the development is likely to be a crucial factor in this respect, as any delay could interfere with future development at Gartcosh.

0 B(ii) b (Promote Urban Regeneration): It is felt that the proposed development (given its temporary nature over a relatively short period of time, the relatively contained nature of the site, the nature of the restoration proposals and the facilitation of the restoration to the Kilgarth Landfill Site) allows the development to comply with this part of the policy which seeks to safeguard the Green Belt.

0 B(iv) Safeguard Environmental Resources: Whilst the development will impact on part of the Gartcosh Nature Reserve and a ‘SINC’ and is in close proximity to protected species, planning controls (as well as additional regulation administered through licensing arrangement relating to the Nature Reserve) will afford these resources proper protection.

0 C (Infrastructure): As noted in subsequent paragraphs within this report, a detailed assessment of the impacts of the development in terms of drainage, archaeology, transportation and other infrastructure matters has shown that the development can be operated without any significant adverse impacts.

In concluding the fit of the proposal against the terms of the current Development Plan, it is noted that it complies with the relevant sections of Policy 9 within Structure Plan. In terms of the Local Plan, it is noted that policies relating to the Green Belt and peat extraction presume against the development. However, other policies relating specifically to extraction and infill operations make allowances for developments such as this. On balance, therefore, I would suggest that the development is in accordance with the Development Plan, and accordingly,

5.3

planning permission should be granted unless there are any other material considerations (discussed in subsequent paragraphs) which suggest to the contrary.

5.4 Traffic and Transportation The development itself will generate many traffic movements. The fact that the development takes access directly onto junction 2A of the M73 (thus avoiding residential areas) means that impacts on road safety and residential amenity will be limited. The Scottish Executive Trunk Roads Directorate, the Transportation Section and the Gartcosh Community Council are all satisfied with the development in this respect subject to conditions. The only other alternative in terms of vehicular access to the site would be from Gartgill Road, and it is clear that such an option would have significant and adverse impacts on the local community in terms of amenity and safety. It should be noted that the planning application does not offer any significant reduction in terms of traffic numbers, but that it is the routing of the traffic which is the key issue. In concluding the issues of traffic and transportation, I would give considerable weight to the benefits of the access arrangements in assessing this proposal.

5.6 Visual Impact In terms of the visual impact of the development, it is noted that the site is well contained and there are little or no views of the extraction are from adjoining communities. Only users of the adjoining railway lines and public-right-of way would be particularly affected by the operations, Given the level of usage of the railway and adjoining path, the phased nature of the operations and the relatively short timescale involved, I am satisfied that any adverse visual impacts should be within acceptable limits.

5.7 DustlNoise Being relatively remote from concentrations of population, impacts of dust and noise are likely to be limited in nature. The developer will be required to carry out mitigation measures in this respect to ensure that affected properties will not suffer unduly. These matters can be controlled by condition.

5.8 Nature Conservation The proposed development raises a great many potential issues relating to impacts on nature conservation interests, including the removal of an area of peat (part of which is identified as a Site of Interest for Nature Conservation); the traversing of the Gartcosh nature reserve (containing Great Crested Newts, a protected species), the incursion of the workings into part of a SINC, the creation of a bridge over a burn containing water voles, and the presence within the site of badgers. Whilst such a comprehensive list may suggest that nature conservation concerns could be insurmountable, it is noted that those with an nature conservation remit (SNH, NLC Community Services and the Gartcosh ‘PIG’ group) have not objected to the proposal. However, they have expressed some reservations at the nature and extent of information submitted with the planning application, and these reservations are discussed below.

Normally, peat extraction would not normally be allowed and this is reflected in local plan policy Min 4 (Peat Extraction) as well as in biodiversity action plans at a national and local level. However, justification for removing the southern part of the peat can be found in the fact that it has been contaminated by leachate from the Kilgarth Landfill Site. There is no such justification for the removal of the remaining peat, and any decision to see it removed would have to be offset against other benefits or mitigation measures discussed elsewhere within the report and weighed up in section 6 (Conclusions).

5.9

5.10 The area most sensitive area to change is where the new haul road will be created through the nature reserve immediately to the south of the railway line. Whilst the applicant has commissioned surveys to prove that any impacts on the Great Crested Newts will be negligible, both SNH and NLC Community Services have asked that further studies be undertaken. This can be addressed by planning condition. Scottish Enterprise Lanarkshire owns this part of the

site. Also, this area is under the control of Heritage Environmental Ltd, who are the licence holder for all works affecting the Great Crested Newts and act as ‘Ecological Clerk of Works’ (i.e. oversee and co-ordinate all operations with implications for nature conservation). The developer is aware that the above controls present further hurdles to cross over an above any requirements of a planning permission, which will ensure that nature conservation interests will be protected.

5.1 1 In addition to the above, the remaining concerns of SNH and NLC Community Services relating to nature conservation impacts can be addressed by planning condition.

5.1 2 Drainage: Clearly, the engineering operations will have the potential to alter significantly the drainage regime within and close to the site. The developer has agreed to submit a detailed drainage strategy, incorporating the principles of ‘SUDS’, which should be capable of not only addressing the immediate issues of drainage, but also assist in maintaining water quality and enhancing the site’s ecological value.

5.1 3 RestorationlAftercare Following the removal of the peat, the inert infill material would be backfilled to a natural, free flowing appearance integrated into the surrounding non-disturbed land. Whilst the consultees in this respect (NLC Community Services and SNH) are satisfied with the basic aims of the proposed restoration scheme, which is to optimise biodiversity by securing woodland, wetland and grassland habitats, those consultees are not satisfied that sufficient measures are in place to off-set any negative impacts caused as a result of the excavation operations. Accordingly, any planning permission should be conditional on restoration plans being provided which aim to address these concerns.

5.1 4 It is normal practice when considering development which involve significant land engineering works for the Council to ensure final restoration of the site by means of a Section 75 legal agreement and a Bond of Caution. In this instance, an acceptable alternative has been put forward, whereby Glasgow City Council would guarantee that they would complete any unrestored works should the applicant/operator abandon the site prior to works being completed. Such an undertaking from a responsible public body is considered acceptable and in theory matches the level of comfort found from the Section 75 and Bond alternative. In particular, GCC would be motivated to monitor the workings closely in order to minimise any risk to it should intervention be required. GCC has already submitted a draft letter outlining the terms of an agreement with the Council. Once concern is that GCC is reluctant to commit itself to restoring any part of the site outwith their ownership (i.e. the area of nature reserve to the south of the railway line and a relatively small area at the north-west corner of the excavation area) or to restoring the site to anything other than grassland (i.e. excluding any of the habitat creation measures which form part of the proposed planning conditions). Should GCC maintain its position on this matter, then it is possible that a separate bond and agreement could be delivered by the applicant to cover those items not addressed by GCC. In any case, the decision notice, if granted, would not be issued until the necessary agreements were in place.

Despite the proximity of the high-pressure gas pipeline, both Transco and the HSE are satisfied (subject to further detailed discussions with the developer) that there will be no adverse impacts on the safety of the pipe and the local community. Similarly, the developer would be expected to discuss detailed operational issues relating to the operation of the railway with Network Rail.

5.15 Other Infrastructure Issues:

5.16 The concerns of the Geotechnical Section in terms of possible impacts on Gartgill Road (which is a minimum of 120m or thereabouts from the closest excavations) can be addressed by a planning condition.

5.17 Rail-Freight Terminal Clearly, the developer has ambitions to develop part of the Kilgarth ‘triangle’ as a Rail-Freight Terminal (as demonstrated by their submission in respect of the emerging Council wide local plan). It would appear that this potential is one reason why SEL has entertained the developer in allowing them access to through the Gartcosh site. Irrespective of the motives of the developer or SEL in promoting and supporting this scheme, it must be stressed that the possibility of developing this site as a rail freight facility does not form part of this planning application, and must not be considered as a material consideration.

6. Conclusion

6.1 In most circumstances, a planning application which advocated the removal of a large area of peat would not normally receive my support. In this instance, however, the following factors weigh in favour of the proposal:

0 A significant area of contaminated peat will be removed.

0 The development has the support of SEL which has allowed a wayleave through the Gartcosh site and accordingly traffic impacts on surrounding residential areas will be negligible. This has to be compared to the only possible alternative access for lorry traffic (from Gartgill Road) with resultant significant and adverse impacts in terms of amenity and safety. I would suggest that this aspect of the development adds considerable weight to the merits of the proposal.

0 Nature conservation concerns can be mitigated

0 The development facilitates the much needed final restoration of the Kilgarth landfill site.

0 The development would be strictly controlled and in particular by means of planning conditions and agreements, by Glasgow City Council, by an ‘Ecological Clerk of Works’, and (in part) by the licensing regime for the nature reserve.

6.2 Bearing in mind the above, and the assessment of the development plan contained within paragraph 5.3 above, I am satisfied that the development offers certain benefits which would outweigh the negative impacts of the development. I would recommend therefore that planning permission should be granted subject to either the conclusion of Section 69 agreement with Glasgow City Council and/or a Section 75 agreement and Bond of Caution with the developer.

NORTH LANARKSHIRE COUNCIL

SUPPLEMENTARY REPORT

1 To: PLANNING AND ENVIRONMENT COMMITTEE I From: DIRECTOR OF PLANNING AND ENVIRONMENT

Date: 27'h June 2005 Ref: C/PL/04/01705/MINILKILR

Subject: Planning Application C/04/01705/MIN: Winning of Materials and Associated Land Engineering Operations and Landscaping to Secure Remediation of the Former Kilgarth Landfill Site (with Access taken through the Gartcosh Industrial Park) at Land To North Of Former Kilgarth Landfill Site Gartgill Road Coatbridge

I.

1 .I

2.

2.1

3.

3.1

4.

4.1

Purpose of Report

To present the Committee with additional information relating to planning application C/04/01705/MIN (as above) which was considered by the Planning and Environment Committee at its meeting of 8th June 2005, and for the Committee to determine the said application.

Background

An application report (as attached) was presented to the Planning and Environment Committee at its meeting of 8th June 2005. At that meeting, the Committee sought further clariiication of measures designed to prevent leachate (from the adjoining former Kilgarth landfill site) from entering the application site. The developer has now clarified this matter and this is presented and considered within section 4 of this report.

Sustainability Implications

These are addressed within the application report.

ProposalslConsiderations

The applicant has confirmed that the following measures will be undertaken in order to prevent leachate from escaping into the area around the former landfill site:

0 The area of peat which is slightly contaminated by leachates (immediately north of the former landfill) would be the first area to be excavated. Unlike the other extraction areas, this area would not have drainage ditches installed, to reduce the likelihood of any potential pollution of watercourses. It would be excavated and placed directly onto the landfill. A clay cut off bund would be constructed around the northern edge of this area of peat to avoid drainage into the wider peat area/ water courses. Before any excavation is commenced a further clay cut-off bund will be constructed around the southern border of this peat area with the landfill site. This will prevent any possible leachate from the landfill site migrating into the excavation area both during excavation works and in the future.

0

H:\kilgarth sup rep.doc

4.2

5.

5.1

6.

6.1

0 The clay cut-off bund will be excavated to imperious material and backfilled in layers with ciay in a progressive manner.

0 The excavation shall be de-watered by pump to ensure the clay is properly compacted. The responsibility of future management and monitoring of leachate from the iandfiii site will remain with Glasgow City Council as part of their agreed restoration plan with SEPA.

Based upon the above information, it is clear that the developer has already identified the possible escape of leachate into the surrounding environment as a potential issue and has incorporated mitigation measures. The suitability of this design is, as noted by the developer, subject to detailed consideration and approval by SEPA which will also ensure that future pollution levels are properly monitored and controlled. Accordingly, it is considered inappropriate to control this matter further by the use of planning conditions.

Corporate Considerations

These are addressed within the application report.

Recommendation

That planning application C/04/01705/MIN be granted on the basis of the recommendation within the attached report.

David M. Porch DIRECTOR OF PLANNING AND ENVIRONMENT

Local Government Access to Information Act: for further information about this report, please contact Lindsay Kellock on Ext. 2379.

Background Papers Planning Application C/04/01705/MlN Letter and plans from lronside Farrar dated 14th June 2005

H:\kilgarth sup rep.doc

Application No:

Date Registered:

Ap pi ican t :

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

15th February 2005

Mr & Mrs W Hendrie 3 Calder Avenue Ctildercruix ML6 7QJ

IFT Partnership Ltd Fountain Business Centre Ellis Street Coatbridge ML5 3AA

Reconstruction of Former Farmhouse

Boglea and Cameron Farms off Hulks Road Greengairs Airdrie Lanarkshire ML6 7SX

45 New Monklands West Councillor Sophia Coyle

277808 671 553

C/PL/G W 8401CMILR

Redand associated with the farm:

02/00085/AMD Non Compliance with Planning Condition 5 of 96/462 to Allow Blasting Operations to Assist Opencast Coal Extraction 02/01 278/MIN Alteration to Coal Extraction Phasing Scheme( in retrospect) and Provision of Supplementary Road Sweeper (Amendments to Condition 18 & 13)

Development Plan: Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policy GB2 (Countryside Around Towns).

Contrary to Development Plan: No

Consultations: Scottish Environment Protection Agency (No objection) Scottish Water (No objection) British Gas (No objection) Scottish Power (No objection)

Representations: None

Newspaper Advertisement: Advertised on 2nd March 2005

Buglea Farm, Brackenknowe Road, Greengairs Airdrie Tel 01236 616210 Fax 01236 616232


1.

2.

3.

4.

5.

6.

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

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

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

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

That before the development starts, the road junction improvement works required for the Hulks RoadlBrackenknowe Road junction shall be completed to the statisfaction of the Planning Authorty.

Reason: In the interests of traffic safety.

That before the dwellinghouse hereby permitted is occupied 2 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway, and thereafter be maintained as parking spaces.

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

That before the development hereby approved starts, full details of road junction improvements required at the road junction of Hulks Road and Brackenknowe Road shall be submitted to and approved in writing by the Planning Authority.


That before the development hereby approved starts, all works to the public road junction specified in the details approved under condition 5 above shall be fully completed to the satisfaction of the Planning Authority.


Background Papers:

Application form and plans received 15th February 2005 Monklands District Local Plan 1991

Memo from Transportation Section received 26th May 2005 Memo from Protective Services Section received 13th June 2005 Letter from Scottish Environment Protection Agency received 24th March 2005 Letter from Scottish Water received 21 st March 2005 Letter from British Gas received 4th March 2005 Letter from Scottish Power received 3rd April 2005

Any person wishing to inspect these documents should contact Mr Colin Marshall at 01 236 81 2376.

APPLICATION NO. C1051002221FUL

REPORT

1.

1 .I

1.2

1.3

1.4

2.

2.1

3.

3.1

3.2

4.

Description of Site and ProDosal

Planning permission is being sought ,Jr the redevelopment of former farm buildings to form a single 1 W storey dwellinghouse at Boglea Farm, Brackenknowe Road. Greengairs

The application site is located on the east side of Brackenknowe Road and presently accommodates a number of derelict buildings in a courtyard layout which previously formed Boglea Farm. The application site lies within an area of open countryside and is generally secluded from view by a natural ridgeline to the north and mature trees to the east. The site is mainly visible when travelling along Brackenknowe Road. The site is situated to the north east of a restored open cast mine site.

The proposal is seeking to utilise the existing derelict buildings, which included the former farmhouse and attached byres to form a single dwellinghouse, which would be laid out in a traditional courtyard design. The proposed building would accommodate on the ground floor, a lounge, dining room, kitchen, breakfast area, utility room, study/office, bedoom, bathroom, and family room. A former byre would also be renovated as part of the steading and may be used for breeding angora goats and as a general storage area. On the upper level of the main farmhouse, two additional bedrooms would be provided with dormers facing south. A small pitched-roof porch would front the main access door on the farmhouse. All roof areas would be of a pitched roof design incorporating a slate finish and chimney features while the external walls will be finished in a simple render with smooth banding around timber windows and doors. The courtyard would be used to accommodate parking requirements.

The existing farm access road from Brackenknowe Road would be surfaced with a mix of hardcore aggregate chips. The courtyard area is to have an aggregate surfaced finish throughout. The applicant has also agreed to surface part of the Hulks RoadlBrackenknowe road junction in accordance with the requirements of the Transportation Section. No additional fencing/walls are proposed around the dwellinghouse

Development Plan

Under the terms of the adopted local plan the application site is located within an area covered by policy GB2 (Restrict Development in Countryside Around Towns). There are no strategic considerations.

Consultations and Representations

There were no objections from external consultees. The Transportation Section objected on road safety grounds however suggested road improvements could be undertaken at the Hulks Road and Brackenknowe Road junction.

There were no representations.

Planninn Assessment and Conclusions

4.1 The proposals require to be assessed under the terms of the development plan and any other material considerations.

4.2 The application site is located within an area designated as Countryside Around Towns where there is a general presumption against any new dwellinghouses unless there is a specific locational need for that provision i.e. required in association with an acceptable Green Belt use. Where no such locational need is proposed the only cases where a rural house would be considered favourably would be where there is an existing building or structure capable of sympathetic adaption. In circumstances where such a building exists then it should be substantially complete, should be of traditional design and be inherently worthy of preservation.

The application building, being a former farmhouse, is originally of a traditional stone built design common to Scottish rural areas. The building has been previously repaired using common brick resulting in a mix of finishes to the original external walls. Generally the building is in very poor condition and most of it would require to be reconstructed. However, the proposed redevelopment works would, when complete, retain the traditional individual design and layout of the old farmhouse and include a plain render finish that is common to this type of traditional farm steading. The re-introduction of a slate roof and the use of timber windows with traditional vertical emphasis would be in keeping with the vernacular style and sit well within this rural site.

4.3

4.4 No objections have been received against the proposal following the standard neighbour notification and public advertisement procedures.

The Transportation Section objected to the proposal on the grounds that access would be taken from unlit, de-restrictive lengths of Hulks Road and Brackenknowe Road. These roads are also considered to be substandard in terms of horizontal and vertical geometry with no footways and as such are unsuitable to accommodate any further traffic. However notwithstanding these initial concerns the Transportation Section also advised that improvements could be made if the first 5 metres of the access from Hulks Road could be paved and that satisfactory off street parking spaces are provided at the site. In this regard the applicant has agreed to improve the surface of the Hulks/Brackenknowe road junction and this provision is considered acceptable. These works would require to be subject to a suspensive condition should planning permission be granted. The proposed courtyard to the front of the proposed house would be large enough for more than two vehicles.

4.5

4.6 Overall the proposals would reintroduce a residential use to this derelict area which in turn would realise some general improvements to the appearance of the area. In addition, a presence on this site may prohibit incidents of fly tipping, which are detrimental to the amenity of the area. Having considered the foregoing, the proposals are considered to be acceptable. It is therefore recommend that planning permission be granted subject to the attached conditions.

Application No:

Date Registered:

Applicant :

Agent

Development:

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


C/05/00516/FUL

5th April 2005

Mrs Keen 16 Devonview Street Airdrie Lanarkshire ML6 9DQ

lan Reid Unit 2 Cadzow Park Hamilton M13 6BJ

Erection of Extension to Rear of Dwellinghouse

16 Devonview Street Airdrie Lanarkshire ML6 9DQ

47 North Cairnhill And Coatdyke Councillor Peter Sullivan

275684664897

C/PL/AIDI 8201 GICMIILR

None

The property is covered by residential policy HG9 (Existing Residential Area) in the Monklands District Local Plan 1991 .

No

1 Representation Letter

Not Required


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

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

Background Papers:

Application form and plans received 5th April 2005

Adopted Monklands District Local Plan 1991

Letter from Barrowman & Partners Solicitors,(FAO Mr Dunkley), 30 Ettrick Walk, Cumbernauld, G67 1 NE received 19th May 2005.

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01236 812375.

APPLICATION NO. C/05/0051 GIFUL

REPORT

I.

1 .I

1.2

1.3

2.

2.1

3.

3.1

4.

4.1

4.2


Planning permission is being sought for the erection of a single storey rear extension to No 16 Devonview Street, Airdrie to form a habitable room for a disabled user. The application property is a mid-terraced dwellinghouse set within an existing residential area.

The dimensions of the new build are 4 metres (length) by 5.4 metres (breadth) and 3.7 metres (height) with a pitched roof.

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

Development Plan

The property is covered by residential policy HG9 (Existing Residential Area) in the Monklands District Local Plan 1991. There are no strategic implications.


One letter of representation has been received from No 14 Devonview Street, Airdrie. The main grounds of objection are as follows:

(i) Neighbouring property No 14 Devonview Street is not willing to allow the applicant access to their rear garden in order to bring any construction materials or mechanical equipment which may be needed to build the proposed extension. It is thought that allowing access will cause damage to the objector’s property.

(ii) The objector has advised that he has rights of pedestrian access by way of the footpath to the rear of No 16 Devonview Street.

(iii) The objector is not willing to give permission for the removal of the boundary fence between No 16 and No 14 Devonview Street, which maybe required for the construction of the new build.

(iv) The proposal, if given planning permission, would look out of character and could create a precedent for similar proposals, which may be submitted in the future by surrounding neighbours.


In assessing this application the local plan policy HG9 for existing residential areas is relevant. This seeks to protect such areas by opposing development that adversely affects the amenity of the established housing.

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

(i) and (ii) Any boundary disputes, in terms of access rights and title deedes, would be a legal matter to be resolved between the objector and the developer. It is the developer’s responsibility to ensure that the construction of the extension does not affect neighbouring properties in terms of disruption or damage.

(iii) If the boundary fence had to be removed this would be a legal matter to be resolved between the owners of the fence.

(iv) Each application is determined on its individual merits and any applications for similar proposals will be addressed accordingly.

In conclusion, the points of representation have been considered and no reason found to uphold the points raised or to request amendments to the proposals. The proposal to erect a rear extension is considered to be acceptable and will not detract from the character of the surrounding area or have an adverse impact on the neighbour’s amenity. There are no issues in terms of daylight or sunlight. The application raises no strategic issues and accords with the policies of the local plan. It is therefore recommended that planning permission be granted subject to the appropriate conditions.

4.4

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


Comments:

22nd April 2005

Mr Rea 172 Airdrie Road Caldercruix Airdrie Lanarkshire ML6 8PA

Mr Graham Jinks 28 Eriskay Avenue Hamilton ML3 8QB

Erection of Rear Extension to Dwellinghouse to Form Flatted Development ( 4 Dwellinghouses)

172 Airdrie Road Caldercruix Ai rd rie Lanarkshire ML6 8PA

52 Salsburgh Councillor David Fagan

280802667639

C/PL/CCA2401721CM/LR

The site is covered by Policy GBl(Restrict Development in the Green Belt)

No

None received

Advertised on 1"June 2005

Planning permission is being sought for the erection of a rear extension to a dwellinghouse to form 4 flatted dwellinghouses a i 172 Airdrie Road, Caldercruix.

The existing house is a large traditionally built sandstone villa set in within a large garden curtilage. The site sits to the north side of Airdrie Road opposite the relatively new residential development at Rockwood Place (former Outdoor Pursuit Centre). The site is bounded to the north by a disused railway

Produced by

Fleming House 2 Tryst Road

G67 1 JW

Tel 01236 616210 Fax 01236 616232

rkshire Planning and Environment Department

CUMBERNAULO

Planning Application No C/05/0067O/FUL

Erection of Rear Extension to Dwellinghouse to Form Four Flatted Dwellinghouses

172 Airdrie Road Caldercruix

Coundl

Reprodrrsdfrorn,n oranan;ss"wr,mappirewln V . p r m l r l i c n d V a C c n v ~ l n d n r U l , n l l *

L 1 I ms/lmdtopn*n"flon m C I " p o & , q .

A Not to Scale ~%28%p~%%Y$Grmn roWrllnf

solumlcycle track, to the east by a farm track, to the south by Airdrie Road and to the west by another dwellinghouse.

The extension would consist of a two-storey block located to the rear of the villa. It would be constructed in materials to complement the main house with coloured wet dash render to external walls and slate coloured tiles to a hipped roof design. Windows would have traditional vertical emphasis. Internally the main villa would be converted to 2 three bedroom flats, each with living room, kitchen , bathroom. The extension would provide 2 two bedroom flats with livingroom, kitchen and bathroom. Access to 3 of the flats would be via a main entrance hall located on the west elevation of the extension. Entrance to the ground floor Villa flat would be from the front elevation. The extensive garden area would be shared. A total of 8 off street parking spaces would be provided and a new vehicular access would be formed off Airdrie Road. The proposals would also involve the repositioning of a traffic island on Airdrie Road along with the provision of a right turn stacking up lane.

The site is located within an area covered by Policy GBI (Restrict Development in the Greenbelt) in the Local Plan. There are no strategic implications.

The Transportation Section had no objection to the proposals subject to conditions. There were no representations.

The proposals require to be assessed in the terms of the Development Plan and any other material considerations. Whilst the property is located within the designated green belt, the proposals relate to the extension and conversion of an existing dwellinghouse and while the extension is very large the proposals are considered not to depart from policy as the existing building will remain a substantial element of the conversion. The proposed design will complement the main villa with no harm to its visual amenity. The site is large enough to accommodate the flats in terms of parking and amenity space. There would be no harm to the amenity of the adjacent properties. The proposed access arrangements are also satisfactory. The Transportation Section have no objection as visibility splays would be improved over the existing arrangement. There are required junction improvements on Airdrie Road outwith the application site boundary and should planning permission be granted it would be appropriate for these works to be completed before any works started on site. This would be controlled via the inclusion of a suspensive planning condition.

Following consideration of the application details the proposals are considered to be acceptable. It is therefore recommended that planning permission be granted subject to conditions.


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

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

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


3. That a detailed plan showing the bin store location and boundary enclosure shall be submitted to and approved in writing by the Planning Authority, prior to the start of these works.


4.

5.

6.

7.

8

9.

10

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


That before the development hereby permitted is started, full details of the road works required for the repositioning of the traffic island and a right turn vehicle stacking up area on Airdrie Road shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt no works shall start on site until the approved road improvement works have been completed to the satisfaction of the Planning Authority.


That a visibility splay of 4.5 metres by 120 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is started, 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 traffic and pedestrian safety.

That before the development hereby permitted is started, a dropped kerb vehicular access shall be constructed in the position shown on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.


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

Reason: To enable the Planning Authority to consider these aspects

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

Reason: In the interests of amenity

. That before any of the flatted dwellinghouses hereby approved is occupied the landscaping scheme approved under the terms of condition 8 above shall be completed and the maintenance arrangements shall be in place.

Reason: In the interests of amenity

Background Papers:

Application form and plans received 22nd April 2005

Monklands District Local Plan 1991 Memo from Transportation Section received 16th June 2005

Any person wishing to inspect these documents should contact Mr Colin Marshal1 at 01 236 81 2376.

Application No:

Date Registered:

Applicant:

Development:

Location :

CiO51006721FUL

25th April 2005

Mr N. Ford 11 Kenmore Way Carn broe Coatbridge Lanarkshire ML5 4FN

Erection of Fence to Front of Dwellinghouse (Retrospective)

11 Kenmore Way Carn broe Coatbridge Lanarkshire ML5 4FN

Ward: 35 Sikeside & Carnbroe Councillor John Cassidy

Grid Reference: 274381 663451

File Reference: C/PL/CTK275001 /CMl/LR

Site History: 98/00533/FUL Erection of 220 No. Dwellinghouses

Development Plan:


The site is zoned HG3 New Private Sector Housing Development in the Monklands District Local Plan 1991 .

Consultations:

Representations: 2 Representation Letters

Newspaper Advertisement: Not Required

Comments:

Recommendation: Grant

Background Papers:


Memo from Transportation Section received 1 gth May 2005. Adopted Monklands District Local Plan 1991

Letter from Mr And Mrs Haggerty,2 Kenmore Way, Carnbroe, Coatbridge, ML5 4FN received 6th May 2005. Letter from Mr And Mrs J Young,lO Kenmore Way, Carnbroe, Coatbridge, Lanarkshire, ML5 4FN received 6th May 2005.

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01 236 81 2375.


REPORT

I.

1.1

1.2

2.

2.1

3.

3.1

3.2

4.

4.1

4.2


Retrospective planning permission is being sought for the erection of a metal fence to the front of No 11 Kenmore Way, Coatbridge. The application property is a semi-detached dwellinghouse set within an existing residential area.

The metal fence is in line with the front boundary of the existing dwellinghouse and is approximately 1 metre in height.

Development Plan

The site is zoned HG3 New Private Sector Housing Development in the Monklands District Local Plan 1991. There are no strategic implications.


Two letters of representation have been received from No 2 and No 10 Kenmore Way, Coatbridge. The main grounds of objection are as follows:

(i) Pedestrian Safety problems in relation to the fence restricting children’s view of vehicles entering Kenmore Way.

(ii) Traffic calming measures being used as parking spaces due to the fence being erected and general parking problems associated with Kenmore Way.

(iii) The erection of the fence is contrary to the planning restriction set in the original application C/98/533/FUL.

(iv) The erection of the fence is contrary to the title deeds for the property and will affect the sale and value of Ne 10 Kenmore Way.

(v) The fence has been erected without prior permission to gain access from No 10 Kenmore Way. No boundary survey was carried out prior to the fence being erected.

(vi) The North Lanarkshire Cleansing Department will have problems accessing the street due the parking implications associated with the erection of the fence.

Transportation have been consulted and have no objections to the proposal.


In assessing this application the local plan policy HG3 new private sector housing development and HG9 for existing residential areas is relevant. This seeks to protect such areas by opposing development that adversely affects the amenity of the established housing.

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

(i) The pedestrian traffic safety issues relative to this case are not considered to be significantly affected by the fence, as advised by the Transportation Section. While the concerns are fully noted they are not sufficient enough to justify refusal.

(ii) and (vi) The parking provision is unaffected by the development and there is still sufficient space to provide the driveway as recommended by the Transportation Section (6m long x 5m wide) to ensure that two car parking spaces are retained within the curtilage of the application site. On street parking problems related to Kenmore Way are not relevant to this planning application.

(iii) It is acknowledged that the original planning permission contained the condition that removed low front fences of the type proposed from the status of permitted development. However, this did not necessarily imply that such development would be unacceptable, but rather sought to ensure that any proposals would be carefully assessed in view of the adverse impact on amenity that inappropriate enclosures would bring. In this particular case, in view of its scale and design, it is considered the appearance of the fence does not cause any demonstrable harm to amenity.

(iv) In regard to title deeds this is a legal matter to be resolved by the property owner. Property value is not a material planning consideration and therefore cannot be considered as part of this application. The Land Ownership Certificate was completed sufficiently on the planning application form submitted to the Department and as such any boundary disputes would be a legal matter to be resolved between the relevant parties.

(v) With regards to gaining access on private property this issue is a legal matter to be resolved between owners.

4.4 In conclusion I have considered the points of objection raised in regard to the erection of the fence but find no reason to uphold them as it is not considered that there is any detriment to the objectors properties. Such a development would be permitted development if there was not a restrictive condition set in the original planning permission. The existing parking provision is also adequate with no detrimental effect on the current parking provision. I therefore recommend that planning permission be granted in retrospect.

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward :

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


C/05/00 750/F U L

5th May 2005

T-Mobile (UK) Ltd

Stappard Howes 122 Dundyvan Road Coatbridge ML5 IDE

Erection of 15m Telecommunication Mast with 6 Antennas, 2 Dishes and Ancillary Equipment Cabinets

Drumpellier Cricket Club Drum pell ier Avenue Coatbridge Lanarkshire ML5 IJP

32 Blairpark Councillor William Shields

271 994 664750

CIPLICTD4761LMILR

01/01 3081FUL Installation of 14.9metre high Telecommunications Monopole and Associated Equipment Cabinet Approved in January 2002 03/01 1821FUL Erection of 15m High Telecommunications Mast and Associated Equipment Cabinet and Compound Approved in September 2003 03/01 855/FUL Erection of 17.5m High Telecommunications Monopole and Associated Cabinets and Compound Approved in February 2004

The application site is located in an area covered by policy GBI (Restrict Development in the Green Belt).

No

3 Representation Letters

Not Required


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


Coa*fCrs"d

Site Location I

Drurnpelller Golf Course

roduced by lmning and Environment Department leming House Tryst Road UMBERNAULD 6 7 1 JW

e1 01236 616210 Fax 01236 616232 * Representations IS Licence 100023369 2004

rkshire Pkmning Application N O C/05/0075O/FUL Erection of 15m Telecommunications Mast with 6 Antennas, 2 Dishes and Ancillary Equipment Cabinets Drumpellier Cricket Club, Drumpellier Avenue, Coatbridge

Countil

Raprcdrcd hamlbOrdlana Sunqmap#rgwlh VI pmlum d Vr CmVdlad brMlisN I mim* mca e c r a W,igil

A Representation Received from Education Department Not to Scale

2. In the 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 restoration of the site to a satisfactory standard.

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

Reason: To enable the Planning Authority to retain effective control in the interest of amenity.

4. That before the development hereby permitted starts, a scheme of landscaping for the area within the RED boundary on the approved plans shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) a scheme of tree and shrub planting, incorporating details of the location, number, variety

(b) details of the phasing of these works. and size of trees and shrubs to be planted; and


5. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required and it shall include proposals for the continuing care, maintenance and protection of the area within the RED boundary on the approved plans.


That within one year of the erection of the mast hereby permitted, all planting and seeding included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

6.

Reason: To ensure the provision of screening to the compound in the interest of visual amenity of the adjacent residential properties.

7. That immediately on completion of the details approved under condition 4 above, the management and maintenance scheme approved under the terms of condition 5 shall be in operation.

Reason: To ensure the management and maintenance of the screen planting to the compound in the interest of visual amenity of the adjacent residential properties.

8. That before the development hereby permitted starts tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees, as shown on the approved plans, and shall not be removed without the approval in writing of the Planning Authority.

Reason: To ensure adequate tree protection measures during the installation of the development hereby permitted in the interest of amenity.

Background Papers:

Application form and plans received 5th May 2005

Monklands District Local Plan 1991 Letter from W. Powell, 32 Drumpellier Avenue, Coatbridge, ML5 1 JR received 9th May 2005. Letter from R. Dufour, Education Department, Municipal Buildings, Kildonan Street, Coatbridge received 19th May 2005. Letter from S. Collins, 12 Drumpellier Avenue, Coatbridge, ML5 1 JP received 31 st May 2005.

Any person wishing to inspect these documents should contact Ms Leigh Menzies at 01 236 81 2372.

APPLICATION NO. C/05/0075O/FUL

REPORT

1.

1 .I

1.2

2.

2.1

3.

3.1

3.2

4.

4.1

4.2

4.3


The development for which plannin permission is sought is for the installation of a 15 metre high telecommunication monopole th associated equipment and cabinets in the grounds of Drumpellier Cricket Club, Drumpellier Avenue, Coatbridge. This site is located within the green belt.

It is proposed that the telecommunication monopole will be of timber construction proposed to reduce its visual impact and will incorporate 6 antennas, 2 dishes and 3 associated cabinets. The site is adjacent to a group of trees that either screen or provide a backdrop to the mast depending on viewpoint. There are three other timber monopole masts on the site that cannot be shared without redevelopment to a lattice tower.

Development Plan

The site is designated within the Monklands District Local Plan 1991 as GBI (Restrict Development in the Green Belt) and policy TELI (Telecommunications Development) is also applicable. As the application raises no strategic issues, it can be assessed in terms of the local plan policy.


The Transportation Section have been consulted and there are no objections.

Following the standard neighbour notification procedures 3 letters of representation were received against this proposal. The main points of which are as follows:

i. Health implications ii. Proximity to residential properties iii. Proximity to local school and possible impact on school intake

Planning Assessment and Conclusions

The application site is located within a Policy GBI (Green Belt) area which states that no development will be permitted except for; new houses for full time workers in Agriculture or forestry; non residential developments in connection with Agriculture or forestry and uses requiring a rural location.

Policy TELI contained in the Monklands District Local Plan 1991 indicates that any telecommunications developments will be considered with regard to national policy and against; economic benefit, specific locational need and environmental impact.

NPPG 19 provides support for telecommunications development, where the applicants have demonstrated the ability to carefully consider the siting and design options, and where the possible environmental effects have been minimised. Should the applicant have taken all these factors into consideration, refusal is unlikely to be warranted. With regards to PAN 62, it should be noted that it is preferred to locate telecommunication equipment in unobtrusive locations. The applicant has satisfied the criteria set out in both NPPG 19 and PAN 62.

4.4 It is unlikely that there would be a significant negative or positive impact in regards to economic benefit that can be measured. It will be of general benefit to the community to have full signal coverage for mobile phones.

4.5 As for specific locational need several sites were investigated. However due to limited coverage, lack of site providers and the inability to site-share with any other telecommunications installations in the surrounding area, the application site was chosen to provide the appropriate network coverage.

4.6 In considering environmental impact, it is felt that the proposed installation will not have any additional significant visual impact. The existing masts are also timber monopoles with a fenced compound at the base that is to have screen planting established around it. None of these can be shared unless redeveloped (most likely with a 20m high lattice tower). The proposal therefore is to provide an additional mast near a group of trees of a timber construction and screened at the base. As for related health impact the proposal is in accordance with all relevant national planning policy and the applicant has submitted the ICNIRP compliance certificate.

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

i. The required ICNIRP Declaration has been supplied stating that the proposal is in compliance with the international safety standards for electro-magnetic radiation emissions. It is conceded that there is significant public awareness of the possible health risks associated with telecommunications apparatus. However, while the public perception of health risks has been regarded as a material planning consideration in previous cases, given that the applicant has provided the necessary ICNIRP certificate, it is considered that health implications are not sufficient enough on their own to justify refusal of this planning application. The proposed mast is located approximately 165 metres from the nearest dwelling. The national guidance requires that any masts minimise any detrimental visual impact on surrounding residential area and the applicant has taken measures to achieve this. The proposed mast is located approximately 305 metres from the nearest school building. Efforts have been made by the applicant to distance the monopole from the school as much as possible.

ii.

iii.

4.8 In conclusion I have considered the points of representation but find that they do not raise any issue that would merit the refusal of this application. The design of the proposal is considered to be acceptable and will have minimal visual impact on the surrounding area. Although the proposal introduces a further mast to this area I consider that the proposed design and required screening meets the requirements of policy TEL 1 and should not significantly impact on the amenity of the area. I therefore recommend that planning permission be granted subject to the appropriate conditions.

Application No:

Date Registered:

Applicant :

Agent

D eve I o p m en t :

Location :

C/05/00755/F U L

6th May 2005

T-Mobile Clo Agent

Stappard Howes 122 Dundyvan Road Coatbridge ML5 IDE

Erection of 15m Telecommunication Monopole (3 Antennas) with Ancillary Equipment Cabinets

Moy Hall Airdrie Service Club 17 Aitken Street Airdrie Lanarkshire ML6 6LT

Ward: 43 Airdrie Central Cllr. James Logue

Grid Reference: 276562666238

File Reference: . C/PL/AIA315017/SM/EL

Site History: No relevant site history

Development Plan: The site is zoned as ECON8 policy for general urban areas and assessed against policy TELI Telecommunications Developments in the Monklands District Local Plan 1991.


Consultations:

Representations: 2 letters of representation


Recommendation: Grant Subject to the Following Conditions:.

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


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 restoration of the site to a satisfactory standard.

Background Papers:

Application form and plans received 6th May 2005 Monklands District Local Plan 1991

Letter from E McEwan,Monkland Glen Community Council, 12 Monks Road, Airdrie, ML6 9QW received 9th May 2005. Letter from R. Dufour,Education Department, Municipal Buildings, Kildonan Street, Coatbridge received 19th May 2005.

Any person wishing to inspect these documents should contact Ms Susan Miller at 01236 812374.


REPORT

I.

1 .I

1.2

2.

2.1

3.

3.1

4.

4.1

4.2

4.3

4.4


The applicant is seeking planning permission to erect a 15 metre high telecommunication monopole (3 Antennas) and ancillary equipment cabinets. The monopole is designed to replicate the existing flagpole and is capable of flying a flag. The proposed ancillary cabinets are to be painted grey.

The proposed monopole would be set at the front elevation of Airdrie Service Club (Moy Hall) site, adjacent to Aitken Street. The monopole and cabinets are to be set back from Aitken Street and housed within the recessed walkway area of the Moy Hall modern extension. There are existing 8-1Om high trees to the front of the site parallel to Aitken Street. The nearest residential property lies 21 metres to the West.

Development Plan

The site is zoned as ECON8 policy for General Urban Areas and assessed against policy TELI Telecommunications Developments in the Monkland District Local Plan 1991. There are no strategic implications.


There were 2 letter of objection to the application.

(1) Monkland Glen Community Council objects on the grounds that the risk to health from telecommunication installations has not been proven and that a precautionary approach should be taken to mast applications in close proximity to residential areas.

(2) NLC Education state that there is a perception amongst the school community that mast installations may represent a danger. This may influence parents when they are deciding which school their child will attend.

Planning Assessment and Conclusions

Policy TELI contained within the Monklands District Local Plan 1991 indicates that any telecommunications developments will be considered with regard to national policy and against; economic benefit, specific locational need and environmental impact.

The applicant has supplied a supporting statement that indicates the need for a mast within this area to meet a shortfall in coverage, which will be of general benefit to business, and domestic users in the area.

Several sites were investigated before this location was put forward. No existing installations were identified within the required coverage area and therefore mast sharing was not an option in this case.

In terms of environmental impact the mast replicates the existing flagpole on the application site minimising any visual impact on the surrounding area.

4.5 In relation to the grounds of objection it is noted that the required ICNIRP Declaration has been supplied stating that the proposal is in compliance with the international safety standards for electromagnetic radiation emissions. It is conceded that there is significant public concern about the possible health risks associated with telecommunications apparatus. However, while the public perception of health risks has been regarded as a material consideration at previous appeals, given that the applicant has provided the necessary ICNIRP certificate, it is considered that health implications are not sufficient on their own to justify refusal of this planning application.

4.6 In conclusion, the proposed development is in accordance with local plan policy TELl, guidance in PAN 62 and NPPG19 Radio Telecommunications. The applicant demonstrates an economic benefit to the area, specific locational need in terms of coverage and has chosen a design that keeps visual impact to a minimum. It is considered that the proposal meets the criteria stipulated in policy TELl and will not significantly impact on the amenity of the area. It is therefore recommended that planning permission be granted.

Application No:

Date Registered:

Applicant:

Agent

Develop men t :

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

S/04/02118/0UT

29th December 2004

Braidcrest Ltd 64 Strathclyde Street Glasgow G40 4JR

Slorachwood Architects The Station Masters Office South Queensferry EH30 9JP

Erection of Dwellinghouse

Land North Of Chapel Road Junction Morningside Road Newmains Wishaw Lanarkshire

16 Newmains Councillor David McKendrick

283299654756

S/PL/B/3/94( 40)

Planning permission refused for the erection of a dwellinghouse (in outline) on the 1 gth March 2003, Application No. S/02/01600/OUT

The site is within the greenbelt in the Central Industrial Area, Part Development Plan 1964 and also the Southern Area Local Plan, Finalised Draft (Modified 2001 and 2004).

Contrary to Development Plan: Yes

Consultations: NLC Community Services (No Objections) Scottish Water (Comments) British Gas (No Objections) Scottish Power (Objections)

Representations:


1 letter of representation received.

Advertised 1 2'h January 2005

Recommendation: Refuse for the Following Reasons:-

1. That the proposed development is contrary to Policy ENV 6 and HSG 12 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), the adopted Central Industrial Area Part Development Plan 1964 and to national planning policy contained in SPP3 Planning and Housing and Circular 2411985 in that it constitutes an additional dwellinghouse in the greenbelt for which there is no justification. Furthermore, approval of a new dwelling on this site would set an undesirable precedent for other development within the greenbelt.

Background Papers:

Application form and plans received 3rd December 2004

Memo from NLC Transportation received 24th January 2005 Memo from NLC Head of Protective Services received 18th January 2005 Memo from NLC Community Services received 26th January 2005 Letter from Scottish Water received 16th February 2005 Letter from British Gas received 14th January 2005 Letter from Scottish Power received 26th January 2005

Letter from Mr and Mrs M McNeill, Glenellen Cottage, Chapel Road, Bogside, Wishaw, ML2 9QT received 3rd March 2005.

Glasgow and Clyde Valley Structure Plan 2000 Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Central Industrial Area Part Development Plan 1964 SPP3 Planning for Housing, February 2003 Circular 24/1985 Development in the Countryside and Greenbelts

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 302087.

APPLICATION NO. S/04/02118/OUT

REPORT

1. Description of Site and Proposal

1 .I This application seeks outline planning consent to erect a single dwellinghouse on a 0.74 hectare site at the north west corner of the junction of Chapel Road and Morningside Road, Morningside, on open greenbelt land between the settlements of Chapel and Morningside. The application site is bounded by open land to the north and south, the former Watsonhead open cast site to the east (currently under restoration) and by the former railhead used in conjunction with Watsonhead open cast site to the west. At present an application for the continued use of part of the railhead has been submitted (Planning Reference: S1041013871FUL). This application has yet to be determined and will be submitted to the Planning and Environment Committee for determination in due course. No details have been submitted with this outline application for a single dwellinghouse, however the applicant has indicated that it is proposed to gain access to the site from Chapel Road, a private road, linking onto Morningside Road.

1.2 Planning permission has previously been refused on this site at the Planning and Environment Committee of 19th March 2003 on greenbelt policy grounds (Planning Reference: S102101 600/0UT). The applicant has provided supporting documents in the form of historical maps stating that the site is considered to be a brownfield site, in view of the former presence of a public house which was demolished approximately 20 years ago. Similar supporting documentation was provided with the previously refused application.

2. Development Plan

2.1 The site is zoned as 'Greenbelt' in both the Central Industrial Area Part Development Plan and the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Policy ENV 6 applies and this policy seeks to safeguard the character and function of the greenbelt and states the Council will not normally permit development other than that relating to agriculture or a limited range of appropriate rural uses. Policy HSG 12 (Housing in the Greenbelt and Countryside) is also a material consideration in the assessment of this application and states, new houses, which do not form replacement dwellings, will only be permitted where there is a proven operational need in accordance with Policies ENV 6 (Greenbelt) and ENV 8 Countryside Around Towns


3.1 In terms of consultation responses my Transportation Section has not raised any objections to this application, however they have advised that should the application be granted a number of conditions relating to the proposed access and driveway should be imposed. NLC Protective Services, NLC Community Services and Scottish Water have made comments on the application, which in the event of approval could be addressed by the means of conditions and advisory notes to the applicant. Transco have made no objections to the proposed development. Scottish Power has objected to the application as they have received no information as to whether the overhead power lines that dissect the site would be affected by the development. One letter of representation has been received in connection with the application. The objection is on the basis that Chapel Road is a private road owned by the objector and that no right of access has been sought by the applicant to use Chapel Road.

4. Plannina Assessment and Conclusions

4.1 The main policy issue in the assessment of this application is that the site consists of open land, which currently lies within an area designated as greenbelt. Local Plan Policy as discussed above reflects national policy contained in Circular 2411 985 Development in the Countryside and

Green Belts and in SPP3 'Planning for Housing', both of which state that isolated development should be discouraged in the open countryside. There is no visual evidence on the site of the former public house and the Morningside Road frontage contains trees and shrubs, giving an attractive appearance to the site. The presence of the ruins of an earlier building on greenbelt land would not in any event provide justification for a new dwelling. Policy HSG 12 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) only allows for the conversion of existing buildings where they are substantially complete and worthy of preservation. It is also considered that there have been no change in circumstances from the previously refused application that would warrant a departure form the development plan. Furthermore I would also be concerned that approval of a dwelling on this site would set an undesirable precedent for other proposals in green belt areas.

4.2 In response to the objection from Scottish Power I would advise that in the event of the application being approved the applicant and Scottish Power could potentially resolve the issue of the overhead lines. In respect of the objection from the owner of Chapel Road, I can advise that the use of Chapel Road is a legal issue. However, following further consultation with the Transportation Section it has been recommended that should the applicant seek direct access onto Morningside Road, the Transportation Section would recommend refusal as the required visibility splays onto a de-restricted road could not be achieved and due to the proximity of the access to the Morningside Road/Chapel Road junction, as both would be to the detriment of road safety.

4.3 In conclusion I would therefore recommend that this application be refused on greenbelt policy grounds as detailed above.

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

S/04/02223/0UT

14 December 2004

B & S Hill Wood ypoi nt Bonkle Newmains ML2 9QF

GVA Grimley Sutherland House 149 St Vincent Street Glasgow G2 5NW

Construction of 3827 sq m (41,195 sq ft) Gross Internal Floor Area I2322 sq m (24,995 sq ft) Net Retail Sales Foodstore with Associated Access, Parking, Landscaping and Earthworks

Land At And East Of The Kilt 2 Main Street Newmains Wishaw Lanarkshire

16: Newmains Councillor David McKendrick

282442655952

S/PL/B/3/77/LMcC

1. Numerous applications to upgrade the Kilt Bar 2. Outline permission granted in 1986 for residential development

on land fronting Morningside Road, permission not implemented.

3. Permission granted 21/12/01 for erection of a 2,500 square metre food store, a petrol filling station, fast food outlet and leisure facility App S/01/01228/OUT.

4. Application (S/02/00658/AMD) submitted 9/5/02 for amendment to previous consent to replace the 2,000 sq m leisure unit with retail. Application not determined due to lack of a retail impact assessment.

5. Reserved matters approval granted 17/9/03 for foodstore, bowling alley, petrol station and fast food unit (S/03/00653/REM).

Industrial on Central Industrial Area Part Development Plan Zoned partly for Retail Development Opportunity and partly as Green Belt on Southern Area Local Plan Finalised Draft (Modified 2001 & 2004)


Consultations: Transco (No objections) BT (No objections) Scottish Natural Heritage (Conditions) SEPA (Conditions) West of Scotland Water (Conditions) NLC Community Services (Conditions)

Nath Lanarkshire Council

Headquarlen Suile 501 Flemiw House 2 Tryst Road CUMBERNAULD G371 JW

Tslsphons 01238 816210 Fax 01236616232

CSL~.ewe1W023389 2W4

Aannng a d Enaronmenl Rpmdudfmrnhodrsm s u m m p p l w w h h p r m i r m ~ r a * ~ " ~ ~ , l a , ~ ~ ~ ~ ~ ~ SLon*IC%- O C m n c v w h l UmvhonM npmdiduln I d n m Clom aopmht sd my Ihdtopmraubonor wipmedmW%

PLANNING APPLICATION No S I04 I02223 I OUT

CONSTRUCTION OF 3,827 SQ M GROSS FODSTORE, ACCESS PARKING, LANDSCAPING AND ASSOCIATED EARTHWORKS

LAND EAST OF KILT BAR, 2 MAIN STREET, NEWMAINS rbhire

Council

Site Area = 4 63 ha

Representations: None received

Newspaper Advertisement: 5th January 2005


1.

2.

3.

4.

5.

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


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


That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition (1) above, shall be made to the Planning Authority.


That as part of the submission under the terms of condition (1) above a scheme of landscaping for and boundary treatment for the site, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include: - (a) details of the proposed earth works, hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting for the land to be subject to the earthworks as well as

the soft landscaping of the frontages of the site and within the car park, incorporating details of the location, number, variety and size of trees and shrubs to be planted;

(c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development.

This scheme shall include the retention of the existing peripheral landscaping around the north and eastern boundaries of the site.


That as part of the submission under the terms of conditions (1) and (4) above full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted and approved by the Planning Authority, and for the avoidance of doubt

the scheme shall comply with the Scottish Environment Protection Agency’s (SEPA) principles of Sustainable Urban Drainage Systems (SUDS).

Reason: To ensure the provision of a satisfactory drainage system for the site.

6. That as part of the submission under the terms of condition (1) above a detailed scheme and assessment shall be submitted for the approval of the Planning Authority relating to the alterations of the levels and earthworks within the site, including details of the quantity and means of removal of material from the site and a detailed landscaping scheme for the replanting of this land with grass and woodland. No work shall commence on site until these details have been approved.

Reason: In order that the Planning Authority can consider these details in the interests of the visual appearance of this visually prominent site.

7. That no trees within the application site on the approved plans shall be lopped, topped or felled and no shrubs or hedges, shall be removed from this area, without the approval in writing of the Planning Authority.

Reason: In order to safeguard the visual amenity of the site and surrounding area and in order to minimise the environmental impact of the development.

8. That before the development hereby permitted starts, tree protection in accordance with British Standard BS 5837 shall be erected along the drip line of any trees with the site that are to be protected trees and shall not be removed without the approval in writing of the Planning Authority.

Reason: In order to safeguard the trees in the interests of the visual amenity of the site and surrounding area.

9. That, notwithstanding the provisions of the Building Standards (Scotland) Regulations 1990, and before the development starts, a certificate from a recognised firm of chartered engineers, duly signed by a Chartered Engineer or Chartered Geologist of Geotechnical Adviser Status (ICE, SlSG 1993) shall be submitted to the Planning Authority confirming the mineral stability of the site. This certificate shall be based on a professionally supervised and regulated rotary drilling programme, if appropriate.

Reason: To ensure the mineral stability of the proposed site in the interests of prospective occupiers

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

Reason: To ensure the site is free of contamination.

11. That the retail building hereby permitted shall have a gross external floor area of no greater

than 3,827 square metres and a net internal floor area of no more than 2,323 square metres and the net sales shall comprise no more than 1,672 square metres convenience (food) sales. For the avoidance of doubt the net retail floor area means the total area within the food store dedicated to the display and sale of goods to the public and changing facilities for shoppers but excluding storage and preparation areas, staff and administration facilitites, areas for the sale and consumption of food and drink, customer services, public toilets, first aid and creche facilities.

Reason: To define the permission and in order to protect the vitality of other established retail developments within the catchment area.

12. That the reserved matters plans to be submitted in respect of condition (1) above shall include details clearly showing the net internal floor space and its subdivision for convenience and comparison goods as restricted in terms of condition (11) above and within 6 months of the opening of the food store hereby approved and at 6 monthly intervals thereafter plans shall be submitted to the Planning Authority showing the internal subdivision of the store.

Reason: To ensure that the development complies with the terms of condition (11) of the permission.

13. That notwithstanding the requirements of condition (1) above full details shall be submitted of the vehicular access to the site. This access shall be located along Morningside Road at a minimum distance of 150 metres from its junction with Main Street and shall be constructed with 10.5 metres radius kerbs and a 7.3 metres wide road. The existing access shall be closed off and the ground be reinstated to verge and footway to the satisfaction of the Planning Authority before the development is brought into use.

Reason: To ensure satisfactory vehicular access into the site.

14. That before the development is commenced full details, including a timetable for implementation, of the improvements to the roundabout, as identified in the Finalised Transportation Assessment, including carriageway widening and replacement and relocation of existing street furniture, signing, and lighting, shall be submitted to and approved by the Planning Authority and before any part of the development is brought into use the approved works shall be completed to the satisfaction of the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail and to ensure satisfactory access arrangements to the site.

15. That the existing pelican crossing on the Westwood Road arm of the roundabout which would be affected by the widening of the carriageway required under the terms of condition (13) above shall, at the developers’ expense, be altered to accommodate the proposals and shall be upgraded from a pelican crossing to a puffin crossing and before the development is commenced full details, including a timetable for implementation, shall be submitted to and approved by the Planning Authority and before any part of the development is brought into use these works shall be completed to the satisfaction of the Planning Authority.


16. That before any part of the development hereby permitted is brought into use controlled “puffin” type crossings shall be provided, at the expense of the developer and to the satisfaction of the Planning Authority, on the A73 Main Street, the A722 Manse Road and the A71 Morningside Road arms of the roundabout adjacent to the proposed pedestrian connections into the

17.

18.

19.

20.

21.

development, full details of which, including a timetable for implementation, shall be submitted to and approved by the Planning Authority before work starts on the site.


That before any part of the development is brought into use a right turn storage bay junction arrangement shall be provided, at the expense of the developer and to the satisfaction of the Planning Authority, at the vehicle access to the site from Morningside Road and before work starts on site full geometric details should be submitted to and approved by the Planning Authority.

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

That before the development hereby permitted is brought into use a Green Travel Plan shall be submitted to and approved by the Planning Authority by the store operator, as described in the submitted Framework, and these plans shall identify measures to be introduced by occupiers of the units to set targets for travel mode share and to identify a system of monitoring and review.

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

That visibility splays of 4.5 metres by 120 metres shall be provided at the proposed access/egress into the site from Morningside Road and before any development hereby permitted is occupied everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow within these sight line areas.

Reason: In the interests of public safety.

All service access and facilities shall be segregated from customer parking, access and facilities and the customer parking facilities will be in accordance with the levels indicated in the former Strathclyde Regional Council Guidelines for Development Roads published in 1986. Cycle parking facilities shall be provided on the basis of 2 spaces plus 1 space per 300 square metres of gross retail floorspace.

Reason: To ensure the provision of satisfactory parking and access arrangements within the site.

All service access and facilities shall be segregated from customer parking facilities and the said customer parking facilities will be 273, plus 15 disabled spaces in accordance with the levels indicated in the Transport Assessment dated January 2005.

Reason: To ensure the provision of satisfactory parking and access arrangements within the site.

Background Papers:

Application form and plans received 23 December 2005 Retail Impacts Assessments by GVA Grimley dated January 2005, April 2005 and May 2005

Transport Assessment by Dougall Baillie Associates dated January 2005 NPPG8 “Town Centres of Retailing” Central Industrial Area Part Development Plan Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Letter from Transco received 12 January 2005 Letter from SNH received 18 January 2005 Letter from BT received 24 January 2005 Letter from SEPA received 8 January 2005 Letter from West of Scotland Water received 14 February 2005 Memo form Transportation Team Leader received 29 January and 1 February 2005 Memo from Department of Community Services received 31 January 2005

Any person wishing to inspect these documents should contact Lorna McCallum at 01698 302090

REPORT

I.

1 .I


The applicant seeks outline planning permission for the erection of 3,827 square metre class one retail food store on the site of the Kilt Bar and adjoining land on Morningside Road, Newmains. The proposed site is located at Newmains Cross at the junction of the A71 and the A73. The site has a frontage onto both Main Street and Morningside Road. The part of the site fronting onto Main Street is currently occupied by the Kilt public house and associated car park. The land fronting onto Morningside Road comprises a mix of young woodland and the grassed embankment of a former bing. An indicative site layout has been submitted which shows the building located towards the south of the site with car parking to the front and servicing to the rear. Access is proposed from the A71, Morningside Road, at the far southern corner of the site. In order to achieve a level site without the need for a major retaining wall it is necessary to alter the levels of the land to the rear of the site. The affected land would not form a part of the development area and would be re-landscaped and planted.

1.2 Given the site’s position at Newmains Cross it should be noted that the surrounding land uses are very varied. On the Main Street frontage to the south of the site is a petrol filling station while immediately opposite is the former Police Station. Across the roundabout is a mix of small retail and commercial premises. At the corner of Morningside Road and Bonkle Road is a pair of semi- detached properties while to the east of these, along both sides of Morningside Road, are two of the reclaimed bings which are such a prominent feature of this part of the village.

2. History

2.1 There have been numerous applications over many years associated with the upgrading of the Kilt public house. In 1998 an environmental improvement scheme was carried out by the Central Scotland Countryside Trust to the planting, fencing and car park at the public house. In 1986 outline planning cdnsent was granted for residential development on the land to the rear of the Kilt Bar. This permission was never implemented. In the early 1980’s the bing at the rear of the Kilt Bar was grassed and landscaped. Permission was granted on 21 December 2001 for erection of a 2,500 square metre food store, a petrol filling station, fast food outlet and leisure facility App S/01/01228/0UT. A subsequent application (S/02/00658/AMD) for an amendment to the previous consent to replace the 2,000 sq. m leisure unit with retail has not been determined due to lack of a retail impact assessment. Reserved matters approval was granted on 1 7‘h September 2003 for the food store, bowling alley, petrol station and fast food unit (S/03/00653/REM). Consent has also previously granted in outline for a retail development on the “Newmains Bing” at Westwood Road, this has now lapsed.

3. Development Plan

3.1 The site is zoned for industrial purposes on the Central Industrial Area Part Development Plan.

3.2 On the Southern Area Local Plan Finalised Draft (Modifications) the part of the site occupied by the Kilt Bar and fronting onto Newmains Cross is zoned for other commercial uses. The land to the rear fronting onto Morningside Road is zoned as Green Belt.


4.1 My Transportation Team Leader has considered the Transport Assessment submitted in respect of this application and has no objections so long as various requirements are met. These include improvements to the carriageway and roundabout at Newmains Cross, upgrading of pedestrian crossing facilities and street furniture, and arrangements for access to and parking within the site.

4.2 The Director of Community Services has no objections to the application subject to the condition that the peripheral landscaping is retained in order to provide screening and to provide a habitat for small birds.

4.3 Transco and BT have no objections to this application. West of Scotland Water, SEPA and Scottish Natural Heritage have no objections to the proposals subject to conditions.

4.4 The application was advertised and no representations have been received.

5. Assessment

5.1 As a development of over 1,000 sq metres convenience floorspace the proposal is considered to be of strategic scale. The application therefore requires to be assessed against the terms of Structure Plan Strategic Policy 9 and Strategic Policy 10. Strategic Policy requires consideration of the proposal in relation to three criteria: the case for the development can be established; the location is appropriate and appropriate provision has been made for the developer for infrastructure. If the application fails to satisfy these criteria then it is regarded as a departure from the development plan requiring consideration under Strategic Policy 10.

5.2 The applicants have undertaken Retail Impact Assessments (R.I.A.) which consider the impact of both this proposal and the retail development previously consented in outline and detail at this site. The current proposal is for a 3,827 sq metres gross (2,323 sq metres net) food store. The previous consents were for a 2,500 sq metres gross food store, based on industry standard net to gross ratio of 70:30, this would have entailed a net retail floor space of 1,750 sq metres. In accordance with norm'ai 'practice there were no conditions covering the net floor space or the mix of convenience and comparable good floor space. The applicants have disclosed that the proposed operator of the food store would be ASDA and the assessments that have been undertaken are based on the specific intentions of that operator. In this case they are proposing a reduced gross to net ratio of 60:40.The proposal is also for a higher than normal amount of comparison goods with 1,672 sq metres net of convenience sales and 651 sq metres of comparison sales. This brings the difference between the two proposals to an additional 573 sq metres net floor space, a reduction of 78 sq metres convenience good sales and an increase of 651 sq metres comparison goods sales.

5.3 The assessment of the impact of the development has been undertaken in relation to existing supermarkets and convenience stores operating in the catchment area. This concludes that on the basis of the current proposals there would be an impact of the following levels:

Scotmid, Newmains 3% Spar, Newmains 5.4% Morrisons, Wishaw 10.3% Tesco, Wishaw 9.9% ASDA, Motherwell 11.6%

5.4 The assessment of impact of the consented retail development is estimated as follows:

Scotmid, Newmains 8% Spar, Newmains 7% Morrisons, Wishaw 15 % Tesco, Wishaw 15% ASDA, Motherwell 13%

5.5 The levels of impact predicted are of significance and could adversely affect the existing stores. Such impact may be worsened in the case of Wishaw since any assessments that have been undertaken it appears to be in a vulnerable rather than vibrant condition. However, on the basis of the current proposals it would appear that the reduced convenience floorspace and lower level of convenience sales would lead to a reduced level of impact compared to the levels resulting from the consented development. The applicants have indicated that they are prepared to accept conditions upon any permission granted so that the development is restricted to the levels of floor space and mix of goods proposed. Unless such controls were applied the impact levels could potentially be in the order of 11 to 15%. The previous consents for retail development are reflected in the zoning of the site in the Southern Area Draft Local Plan for commercial uses. A case has therefore been established for retail development at this site. The findings of the R.I.A. are that the current proposal would, if suitably restricted, result in lower levels of impact than the consented development. I consider that a case can therefore be established for the amount and mix of floor space proposed.

5.6 The second criterion relates to the acceptability of the location of this development and requires that a sequential approach be taken to proposals for retail development. This approach is set out in NPPG 8 I‘ Town Centres and Retailing”. Preference should be given firstly to town centre sites followed by edge of centre sites and only then by out of centre sites that can be accessed by a range of Transport. The nearest town centre is Wishaw. The evidence presented indicates that there are no town centre sites available for such a development in Wishaw and the only remaining edge of centre site is currently the subject of an application for a Tesco food store. Although this proposal relates to an out of centre site as indicated in paragraphs 3.2 and 5.5 above it is largely designated for retail purposes on the draft local plan and has therefore been accepted for retail development. Furthermore this site is located at the centre of Newmains and is accessibly by pedestrians and buses and would reduce car travel from residents of Newmains to retail developments Wishaw and beyond. In terms of NPPG 8 such a location is acceptable if the levels of impact upon the vitality and viability of existing centres is shown to be acceptable. Subject to the restrictions proposed on the amount and mix of retail floor space I am satisfied that the development would be consistent with the aims of the sequential test. I therefore conclude that the location of the proposal is acceptable.

There are no infrastructure constraints affecting this site that cannot be addressed by way of cond it ions.

5.7

5.8 In view of the above I consider that the proposals satisfy the terms of Strategic Policy 9 and consequently do not require further consideration under the terms of Strategic Policy 10.

5.9 The Central Industrial Part Development Plan zoning of the site for industrial purposes is a reflection of the site’s historical association with mining and heavy engineering industry.

5.10 The Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) is a more up to date statement of policy. On the plan the land upon which the food store is proposed, which is just over half the site, is covered by Policies RTLI Retail Development Opportunities and RTL6 Secondary, Village and Neighbourhood Commercial Areas. Policy RTLI directs major retail developments (over 2,000 sq metres gross) to established Town Centres. Lesser retail developments (less than 2,000 sq metres gross) are directed to town centres, villages, neighbourhood and secondary commercial areas where they do not undermine the vitality and viability of those areas. As this site is specifically identified as a Retail Development opportunity the proposed commercial use of the site would accord with the local plan land use designation. If the development is suitably restricted to limit the impact of the proposals to no more than that

likely from the existing consent the development can be considered to comply with the terms of RTLI and RTL6. Part of the site adjoining Morningside Road is zoned as ENV6 Green Belt. This policy indicates a presumption against development, other than for a use associated with agriculture, forestry, outdoor leisure and recreation, or other appropriate rural uses. As indicated above, this area does not form part of the area to be developed for retail purposes it is simply to be subject to earthworks to alter the site levels and then will be re-landscaped. The proposed development will not alter the use of the Green Belt at this point, I therefore consider that the application would accord with draft local plan.

5.1 1 Other material considerations which must be taken into consideration in this case include the assessment of the application in terms paragraph 45 of NPPG. This lists 11 criteria that such developments must satisfy if they are to be approved:

That it satisfies the sequential approach] as indicated in paragraph 5.6 above, I believe that it does. That it does not adversely affect the development plan strategy in support of the town centre. Although major retail developments are to be directed to town centres it has to be accepted that this site is zoned for such development and already has consent. In view of this and as the predicted impact is no greater than the consented development the application can be considered to be in keeping with the Council's development strategy outlined in policies RTLI and RTL6. The Council has indicated in the recent modifications to the draft local plan that they propose to bring forward a strategy for the regeneration of Motherwell and Wishaw Town Centres to reposition their role in relation to the Ravenscraig Initiative. This is likely to include a reduction in the extent of the commercial floor space of Wishaw and encouragement of increased conversion of premises to residential use. That it can, if necessary supported by conditions, co-exist without undermining the vitality and viability of the town centre. As indicated at paragraph 5.5 above the levels of expected impact could adversely affect the existing stores. However, with restrictive conditions applied the level of impact as predicted would be less than the consented development. That it tackles deficiencies in provision which cannot be met in or at the edge of the town centre. At present Newmains only has two very small convenience stores Scotmid and Spar and the nearest modern supermarkets are Tesco and Morrisons at Wishaw Town Centre or the Co-op at Shotts. It was previously deemed reasonable that a community the size of Newmains could support a modern small to medium sized supermarket, a fact already acknowledged by the inclusion of the site as a retail development opportunity in the draft local plan and by the approval of the previous applications. That it does not run counter to the governments integrated transport policy and should be accessible by a choice of means of transport. The site, being at the centre of Nemains, is accessible by pedestrians, cyclists, buses and cars. That the site is accessible by public transport. As indicated at (e) above. That the consequences to the trunk and local roads network are met at the developers' expense. The off site road works required can, as per the previous approvals, be covered by planning conditions. That it results in a high standard of design and does not result in sporadic, isolated development. The site integrates well with the villages and conditions can ensure that design would be of a suitable standard appropriate to the area. That it does not threaten other policy objectives such as green belt and urban regeneration. The site is partly designated as green belt but this is only to facilitate the alteration of the site levels. This part of the site would be replanted to ensure that there is no negative impact upon the green belt and to assist in the formation of a robust green belt boundary which screens the site from the surrounding rural area. That it does not adversely affect local amenity. Conditions would ensure that visual amenity is protected. The impact from traffic upon the locality can be addressed by conditions. That it would not lead to other significant environmental effects. As indicated at (j) above. k)

If the development is restricted as discussed above to limit the impact levels and conditions are imposed relating to transportation, road improvements and design then it can be considered to satisfy the above criteria.

5.12 In terms of consultation responses the issues raised by my Transportation Team Leader and by

Community Services can be the subject of conditions should approval be given. Conditions can also be imposed to cover the maters raised by the other consultees.

6. Conclusion

6.1 While the predicted levels of impact are significant and could have an adverse effect upon existing retailers in the area if the development is restricted by conditions its impact is predicted to be less than those from the retail development previously approved at this site. Such a restricted development can be considered to comply with the policies contained in the Structure Plan and the draft local plan and with the terms of NPPG 8. The committee has previously recognised that a retail development at this location would provide a valuable contribution to the facilities and amenities of the local community. Therefore, although I have some concerns about the potential impact of the development, I recommend that approval be given subject to the appropriate conditions.

Application No:

Date Registered:

Applicant :

Development:

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

S/05/00172/FUL

7th March 2005

Mr & Mrs Crawford Clo 55 Baird Terrace Eastfield

Erection of Dwellinghouse

Forrestburn Cottage ( Forrestburn Holding Harthill Shotts Lanarkshire ML7 5TR

20 Benhar Councillor Charles Cefferty

28751 2 6651 46

S/PLlBll7/84

S/99/00904/OUT - Construction of Two Dwellings called in and refused by the Scottish Ministers - 20 June 2000

S/01/01019/0UT Construction of Detached Dwellinghouse and Stables, granted 1 May 2002

S/02/01613/REM Erection of Livery Stables, granted 2gth January 2003

The site is zoned Policy ENV 8 Countryside Around Towns within the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

The site is zoned as Agricultural Land in the County of Lanark Northern and Southern Areas Part Development Plan 1965.

Contrary to Development Plan: Yes

Consultations:

Representations:

Scottish Environment Protection Agency (No Objection) British Gas (No Objection) Scottish Power (No Objection) Scottish Water (No Objection) None Received


Recommendation: Refuse for the Following Reason:-

1. That the proposed development is contrary to Policy ENV 8 Countryside Around Towns in the Southern Area Local Plan Finalised Draft, in that it constitutes sporadic development in a rural area with no justification in terms of agriculture, forestry, outdoor leisure or recreation.

Background Papers:

Application form and plans received 13th January 2005 Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Letter from Applicant received 1 4'h June 2005 Memo from NLC Transportation Section received 13th May 2005 Memo from NLC Protective Services received 6th April 2005 Memo from NLC Leisure Services received 4th April 2005 Letter from Scottish Environment Protection Agency received 3rd May 2005 Letter from British Gas received 1 st April 2005 Letter from Scottish Power received 11 th April 2005 Letter from Scottish Water received 11 th April 2005

Any person wishing to inspect these documents should contact Mrs Marlaine Lavery at 01698 302099.

APPLICATION NO. S/05/00172/FUL

REPORT

I.

1 .I

1.2

2.

2.1

2.2

3.

3.1

3.2

4.

4.1

4.2


The applicant seeks planning permission for the construction of a single storey detached dwellinghouse at Forrestburn Holdings, Harthill. The site is characterised by mature pasture with a line of mature beech trees on the Northern Boundary. There is an existing stable block (S/02/01613/REM) to the east of the site.

As stated above, outline planning permission (S/O1/0101019/OUT) was granted for the construction of a dwellinghouse and stables, subject to a condition that indicated that no approval was given for a permanent dwelling on the site. A temporary dwelling was permitted for three years to allow sufficient time for the applicant to demonstrate the viability of the livery business. The stables were built and a temporary dwelling sited. Unfortunately the temporary dwelling was damaged by and the applicant has felt unable to reside in it since and as such the business has not been established.

Development Plan

The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan.

The site is covered by Policy ENV 8 Countryside Around Towns in the Southern Area Local Plan Finalised Draft (modified 2001 and 2004). This policy seeks to promote and protect the Countryside as defined on the Proposals Map and will not automatically permit development other than that which relates to agriculture, forestry, outdoor leisure and recreation uses or other appropriate rural uses.


The Scottish Environmental Protection Agency (SEPA) and Scottish Water have no objections to the proposal subject to the drainage arrangements meeting their requirements. No objections were received from the other utility bodies.

NLC Finance have commented that the business plan shows extremely small profits which would be swallowed up if the level of projected overheads were more realistic.


The application raises no strategic issues and can therefore be assessed in terms of the Local Plan Policies. The primary issues to be considered here are the appropriateness and compliance with the relevant development plan and the affect the proposal will have on the surrounding area.

As stated above the site is zoned for Agriculture within the County of Lanark Northern and Southern Areas Part Development Plan 1965, however given the age of this plan the Southern Area Local Plan is a more recent statement of Planning Policy for the area. The policy relating to the site is ENV 8 Countryside Around Towns within the emerging Southern Area Local Plan, which seeks to resist development on such sites.

4.3 The applicant has not lived in the temporary dwelling for the last two years due to a fire and as such the business has not been established. The applicant has only been able to provide a profit and loss account for August 2003 to March 2004, which showed a profit of under f500. The submitted business plan projection was assessed and is not considered to be financially viable. The profits shown are small and the projected overheads are unrealistic. Also there are several similar businesses within 20 minutes driving time in Coatbridge, Airdrie and Cumbernauld areas that are not operating at capacity and the applicant has failed to demonstrate the suitability or need for this type of proposal at this location.

The Scottish Ministers concluded that the previous proposal for two houses on this site (S/99/00904/OUT) was contrary to the development plan policies and that there were no material considerations which would justify an exceptional approval.

4.4

4.5 This proposal is clearly contrary to policy ENV 8 Countryside Around Towns of the Southern Area Local Plan Finalised Draft (modified 2001 and 2004). It is understandable that after the fire that the applicant has not felt comfortable living in a temporary dwelling and as such the business has not been established. However, this does not provide an acceptable justification for an exceptional departure from the Local Plan Policy. A grant of planning permission would set an undesirable precedent for inappropriate residential developments in the Countryside and it is considered that an additional dwellinghouse in this location would be detrimental to the rural character of the area. It is therefore recommended that planning permission be refused. The applicant has requested a Site Visit and Hearing, but has also indicated that she will be on holiday during the first two weeks in July.

S/05/00296/FUL Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


28th February 2005

Tritax Assets Ltd/A.D.L. 4 New Burlington Place London WS12HS

Bradford Robertson Architects 74 Waterloo Street Glasgow G2 7DA

Erection of Distribution Warehouse and Associated Off ices

( Site 18 ), Land North Of McNeil Drive Eurocentral, Holytown, Motherwell Lanarkshire

27: Holytown Councillor James Coyle JP

275954 661 638

SIPLIB15164

Part of site developed within the Enterprise Zone for Chungwha.

Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) - business and industry. Northern Area Local Plan - zoned for major industrial users

No

NLC Transportation - no objections.

None Received

Not Required

Comments:

This application is for a speculative unit on part of the former Chungwha site at Eurocentral at the south western corner to the north of McNeil Drive. The proposed building will be some 9,360 square metres in area and will be of contemporary design finished in profiled metal cladding. The building will incorporate ancillary office accommodation while the site will also provide servicing and car parking. The site, amounting to almost 3 hectares, is presently occupied by two buildings, which will require to be demolished to allow this development to be constructed. Following the demise of Chungwha, the present owners are keen to see the site put to use and an application is currently under consideration to change the classes of use within the site. This proposal is appropriate to the initial outline consent on the Eurocentral site and should help to kick-start development within the former Chungwha site. The Eurocentral site benefits from extensive structure planting and there is planting on McNeil Drive which will help to screen this development. Access will be taken from an internal access road within the former Chungwha site.

Rpn4uedlmmMOrdMlaa S v M y "PP'rQW' me m i ~ m ofmcmhikrmk tawvs S e f & W I ~ Q C m u l o o p m h t umuhorkd mpxdcdcm lrnngr mn mpmt m m ~ k a d B p m Y C ~ n o r ~ i l p m w d l ~

North Lanarkshre Couml PLANNING APPLICATION No S I05 I00296 I FUL

ERECTION OF DISTRIBUTION WAREHOUSE AND ASSOCIATED OFFICES

SITE 18 LAND NORTH OF McNElL DRIVE, EUROCENTRAL, HOLYTOWN, MOTHERWELL

WMBERNAULD

Telephone01236 818210 Fax 01236818232

The site is zoned for industry and business purposes and raises no development plan issues. There have been no objections therefore I recommend that consent be granted subject to conditions.


1.

2.

3.

4.

5.

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


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

Reason: To ensure the suitability of the site for the proposed development.

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

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

That before development starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted for the approval of the Planning Authority, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency's (SEPA) principles of Sustainable Urban Drainage Systems (SUDS).

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

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


Background Papers: Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Northern Area Local Plan Application form and plans received 28th February 2005

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

S/05/00597/0 UT Application No:

Date Registered:

Applicant :

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


11 th May 2005

Stuart MacFarlane 201 Morningside Road Wishaw Lanarkshire

Residential Development (In Outline) Renewal of S/02/00268/0UT

Land To North Of 201 Morningside Road Wishaw Lanarkshire

16 Newmains

2831 82 655264

SlPLlBlBll O2lHMG

S/02/00268/0UT Residential Development (In Outline) : Granted !jth June 2002

Councillor David McKendrick

The site is zoned as Greenbelt in the Central Area Part Industrial Development Plan 1964.

The site is covered by Housing Policy HSG 8 in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

No

Scottish Environment Protection Agency (No Response) Scottish Water (Com ments) British Gas (Comments) Scottish Power (Comments)

None

1 8th May 2005

Comments:

This application seeks a renewal of outline planning permission for residential development at land to the north of 201 Morningside Road, Morningside, Wishaw. The site covers an area of approximately 0.56 hectares and comprises of pastureland, vegetation and a number of small trees. The site is bounded by a single storey dwelling and a two-storey building comprising of flats to the south, and a single storey dwelling to the north. The surrounding dwellings are traditional sandstone style buildings.

The site is zoned as Greenbelt in the adopted Central Area Part Industrial Development Plan 1964.

prlxod.rd b m i k O h r r . Sun* r n * p i r p W l h y. P””ll8nd in COlVdl“ d nr M,W.

PLANNING APPLICATION No. S / 05 / 00597 /OUT

RESIDENTIAL DEMLOPMEM ( IN OUTLINE ). RENEWAL OF S / 02 / W268 / OUT

LAND TO NORTH OF 201 MORNINGSIDE ROAD,

However, it is zoned as Housing Policy HSG 8 in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Given the age of the adopted local plan, it is considered that more weight will be given to the emerging local plan.

Following the press advertisement, no letters of objection have been received in relation to this application. No adverse comments were received from the consultees, however NLC Protective Services commented that the site is located adjacent to a foundry and mineral railway. Protective Services commented that the ground constituents are unknown and in order to protect the amenity of future residents, a site investigation should be carried out and submitted to the Planning Authority prior to development commencing. This has can be addressed by a planning condition.

Planning decisions are made in accordance with the development plan unless material considerations indicate otherwise. Despite the proposal being contrary to the adopted local plan, the principle of residential development has been established on this site through the previous planning consent. Whilst the applicant has not submitted any reserved matters within the required time period, it is considered that this is not a sufficient reason to justify refusal of consent. It is therefore recommended that planning permission be granted subject to the appropriate conditions.


1.

2.

3.

4.

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

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


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

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

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


That before any of the dwellinghouses hereby permitted are occupied;, a 2 metre wide footway shall be constructed along the full frontage of the site, in accordance with the specifications of

5.

6.

7.

8.

9.

10.

the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of pedestrian safety and residential amenity.

That a visibility splay of 2.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is occupied;, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of vehicular and pedestrian safety.

That the development hereby permitted shall be in the form of single house plots which shall be served by a singular vehicular access to be approved by the Planning Authority.

Reason: To define the permission and in the interests of highway safety.

That each subsequent house plot shall properly face onto Morningside Road and shall provide vehicle manoeuvring areas within each plot to ensure that all vehicles enter and leave each plot in forward gear.

Reason: In the interests of vehicular and pedestrian safety and residential amenity.

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

Reason: In the interests of amenity and public health in relation to the drainage of the dwelling and all hard surfaces.

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

Reason: To ensure the site is free of contamination.

That, notwithstanding the provisions of the Building Standards (Scotland) Regulations 1990, and before the development starts a certificate from a recognised firm of chartered engineers, duly signed by a Chartered Engineer or Chartered Geologist of Adviser Status (ICE, SlSG 1993) shall be submitted to the Planning Authority confirming the mineral stability of the site. This certificate shall be based on a professionally supervised and regulated rotary drilling

program me.

Reason: To ensure the mineral stability of the proposed housing site in the interests of prospective residents.

11. That the site is developed in accordance with the Council's 'Developer's Guide to Open Space in terms of the minimum space standards and space around dwellings.

Reason: To ensure the provision of satisfactory amenity space for the dwellinghouses.

Background Papers:


Memo from Head of Protective Services received 24th May 2005 Letter from Scottish Water received 23rd May 2005 Letter from British Gas received 18th May 2005 Letter from Scottish Power received 20th May 2005

Any person wishing to inspect these documents should contact Miss Heather Gebbie at 01698 302132.

S/05/0081 OlOUT Application No:

Date Registered:

Ap pl ican t :

Develop men t :

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


10th May 2005

Peter McShane Flat GII, 268 Whitehill Street Glasgow G31 3EL

Erection of Dwellinghouse (In Outline) - Renewal of S10110024110UT

320 New Edinburgh Road Uddingston Glasgow

22 - Fallside Councillor Robert Burrows

271 41 4 660531

S/PL/9/117( 148)/LW

01/00241/0UT Construction of Dwellinghouse (In Outline) - Refused by the Council but granted at appeal on the 5'h January 2002 9711 05671FUL Erection of Dwellinghouse (Withdrawn 12 May 1999)

Under the terms of the Adopted Bellshill and Mossend Local Plan 1983, the application site is located within an area covered by Greenbelt policy E2 and in the Finalised Draft Southern Area Local Plan, the area is covered by Greenbelt policy ENV6.

Yes

Community Services (Com m ents) Head of Property (No response) Scottish Environment Protection Agency(No response) Scottish Water (No response)

None received

Advertised on 26'h May 2005

Comments

The application site is a plot where a dwellinghouse previously stood, and was addressed as 320 New Edinburgh Road, Uddingston. The site extends to some 1200 square metres and is located within an area of parkland bounded on the eastern, southern and western edges by mature trees and bushes which offer screening and noise protection from the nearby railway. Immediately to the north lies a hotel, which is situated within a primarily residential area of New Edinburgh Road.

The applicant seeks to renew his outline consent for the erection of one dwellinghouse, which expired on 2nd January 2005 (Application no. S/O1/00241/0UT). The application was refused by the Council as per the officer's recommendation but this decision was overturned when the applicant appealed to the Scottish Ministers. As part of this application, it is indicated that the house will be located on the same site as the original dwellinghouse, which was demolished following a fire. No further details have been

submitted at this outline stage.

It is considered that the application raises no strategic issues as the proposal involves the construction of only one dwelling on land within the Green Belt, which has previously had a house on it. The proposal can therefore be assessed in terms of the local plan policies. Neither the policy designation of the site nor the character of the surrounding area have altered since the granting at appeal of the previous outline application. As such, the adopted Bellshill and Mossend Local Plan 1983 zones the site as Green Belt. Policy E2 - ‘Green Belt’ indicates that there will be a general presumption against development in the Green Belt other than that directly associated with agriculture, forestry, generation of power from renewable resources, outdoor leisure and recreation, telecommunications or other appropriate rural uses. Similarly, the emerging Southern Area Local Plan Finalised Draft (Modified 2001 ) also earmarks the site as Green Belt. Policy HSGl2 - ‘Housing in the Green Belt and Countryside’ provides a list of criteria that the Council should take into account in determining applications of this nature. On this basis there are no exceptional reasons why this application should be granted.

In this instance, however, consideration is given to the site history whereby a dwellinghouse was present on the site before it was demolished, and in addition, the Scottish Executive’s decision to allow a house on the site, as per the recent appeal, has set a precedent for building. Having regard to the development plan, the principle of this development has already been established through the granting of the previous related outline planning application in January 2002.

Comments from Community Services’ Landscape Services Manager indicate that a proposed single dwelling would look isolated and out of place, and that a single dwelling may degrade the visual quality of the adjoining Fallside Community Park. However, the Conservation and Greening section have no objections to the proposal and state that there may be some passive surveillance benefit to the adjoining park.

Overall, the proposed dwelling would integrate satisfactorily with the existing adjoining residential area to the north and would cause no adverse effects in relation to privacy and amenity of the existing nearby properties. It is therefore recommended that Planning Permission be granted subject to the following conditions.


1.

(a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) the design and location of all boundary walls and fences; (f) the provision of drainage works; (9) the disposal of sewage; (h) details of existing trees, shrubs and hedgerows to be retained; (i) details of existing and proposed site levels.

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


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


3. That within three years of the date of this permission, an application for approval of the reserved

matters, specified in condition 1 above, shall be made to the Planning Authority.


4 That notwithstanding the details requested in terms of condition (1) above, the dwellinghouse hereby permitted shall not exceed 1.5 storeys in height and the design and siting of the dwellinghouse shall take cognisance of the Greenbelt location, with particular regard being paid to scale, massing, roof pitch, fenestration and materials; and shall be in accordance with the provisions of Planning Advice Note No. 36.

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

5. That a minimum of 2 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway, and thereafter maintained as parking spaces.


6. That the site is developed in accordance with the Council's 'Developer's Guide to Open Space' in terms of the minimum space standards and space around dwellings.

Reason: To ensure the provision of satisfactory amenity space for the dwellinghouse.

7. That notwithstanding the details requested in terms of condition (1) above, a turning facility shall be provided within the curtilage of the site to allow vehicles to enter and leave the site in forward gear.

Reason: To ensure the provision of satisfactory vehicular access facilities in the interests of road safety.

8. That notwithstanding condition (1 (d)) above, a scheme of appropriate peripheral landscaping within the site shall be submitted for written approval by the planning authority, and the scheme shall be implemented as per the written approval.

Reason: To safeguard the quality and appearance of the Greenbelt.

9. That notwithstanding Condition (1 (a)) above, the dwellinghouse hereby permitted shall not exceed the overall floorspace of the original dwellinghouse.

Reason: To accord with the approved Green Belt policy.

Background Papers:

Application form and plans received 10th May 2005

Memo from Local Plans Section received 3' June 2005 Memo from Community Services received 1 3'h June

Any person wishing to inspect these documents should contact Miss Lesley Ward at 01698 302142.

3, rdi?* applications for planning and environment ... · produced by planning and environment...

Documents