north lanarkshire council · 2015. 1. 9. · sale of historic vehicles. 6b mid road, blairlinn...

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North Lanarkshire Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

Planning Applications for consideration of Planning and Environment Committee

Committee Date : 23rd June I999

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

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APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 23RD JUNE 1999

Application No.

N/99/00214/FUL

Applicant DevelopmentlLocus Recommendation

Lanarkshire Healthcare Trust

Extension to Health Centre Health Centre Airdrie Road Condomat, Cumbemauld G67 4DN

Grant

NI991003 74FUL Highcross (Cumbernauld) Ltd

Re-location of Roller Shutter Door and Alterations to Car Parking and Access Roads - 2 Mollins Court, Westfield Industrial Estate, Cumbemauld

Grant

N/99/00380/FUL Highcross (Cumbemauld) Ltd

Re-location of Roller Shutter Door and Alterations to and Formation of Car Parking and Access Roads - 5 Badenheath Place, Westfield Industrial Estate, Cumbernauld

Grant

Erection of Two Internally Illuminated Advertising Signs. 157 Cumbemauld Road, Chryston

Refuse N/99/00488/ADV Citilite Limited

17 N/99/00548/FUL Character Classics Co. Ltd.

Partial Change of Use to Store and Sale of Historic Vehicles. 6B Mid Road, Blairlinn Industrial Estate, Cumbemauld

Grant

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N/99/00624/OUT Robert Conway Erection of 2 no. dwellings (outline) Site Opposite 30 Mid Barnvood Road Kilsyth.

Refuse

Grant Tilbury Douglas Homes Ltd Erection of Housing Development Comprising of 140 No. Houses - Site Adjacent to Holehills Drive and Thrashbush Road, Airdrie

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Mr R F Asaad & Mrs Morcos Asaad

Siting of a Mobile Snack Bar at B & Q Car Park Locks Street, Coatbridge

Grant

Albion Rovers Football Club Erection of Food Bar and Club Shop Albion Rovers Football Club Ltd., Main Street, Coatbridge

Grant

Alderside Engineering 35 Application for removal of Restrictive Condition (4) of Consent No 193193 and Extension to Building - Biggar Road, Cleland

Construction of 2 Storey Building Accommodating Grant Betting Shop, 2 Bars, Discotheque and Club Room 245 Brandon Street, Motherwell

Refuse

S/99/003 11/0UT Bavaird Developments 41

Construction of 3 x 2 Storey Dwellings Shotts Baptist Church - Station Road, Shotts

Grant 52

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S/99/00402/FUL

S/99/00432/FUL

Taylor Homes

Ashtead Plant Hire CO Ltd Extension to Existing Building and Extension to Yard - Rentarc Ltd Main Street, Newmains

Grant

62 S/99/00455/FUL Geest Bananas Ltd

65 S/99/00544/FUL Sam Rae

Extension to Existing Banana Ripening Centre - Geest PLC, Ganion Bridge, Wishaw

Grant

Renewal of Consent for Change of Use Garage and Backyard to Car Repair Premises - 5 East Hamilton Street, Wishaw

Grant

Amendment to Consent No S/99/0023S/FUL for the Permanent Sale of Hot Food from a Retail Unit Cleek Him Inn, 467 Merry Street, Motherwell

Grant 72 S/99/00584IAMD Mrs Mary Cuthbertson

3 APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 23RD JUNE 1999

Page No. Application No. Applicant

76 S/99/00594/FUL Mr & Mrs S Milloy

81 S/99/0060 lEUL Mr H Jamieson

Developmentnocus Recommendation

Extension to Dwellinghouse 6 Regal Grove, Shotts

Grant

Erection of Rear Extension and External Alterations 24 Church Road, Bonkle

Grant

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Application No: N/99/002 14FUL

24th. February 1999 Date Registered:

APPLICANT: LANARKSHIRE HEALTHCARE TRUST STRATHCLYDE HOSPITAL, MOTHERWELL ML13BW

Dalziel Design Partnership, 136 Coursington Road, Motherwell ML1 1PW

Agent:

EXTENSION TO HEALTH CENTRE DEVELOPMENT:

LOCATION: CONDORRAT HEALTH CENTRE, AIRDRIE ROAD, CUMBERNAULD G67 4DN

60 Ward No: Grid: File Reference: Site History:

IE 0- Cumbemauld Local Plan Policy HG4 - Mainly residential areas existing residential character and amenity to be protected

Development Plan:

Contrary to Development Plan: No .. - .

CONSULTATIONS:

Objection: No Objection: No Reply: Conditions:

Transco, East of Scotland Water West of Scotland Water, Scottish Power

REPRESENTATIONS:

Neighbours: Newspaper Advert:

No Response Not Required

The applicant is proposing an internal re-arrangement of the Health Centre facilities and as part of this operation a small front extension is required to accommodate a pram store, chiropody waiting room, a chiropody treatment room and a nurses office.

- COMMENTS:

A number of issues were discussed with the applicant regarding general access improvements and the layout of the entrance. Minor amendments have been made to the plans in order - . to deal with these items

The extension will match the existing building and I find the proposals to be acceptable.

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.

, , Telephone 01236 616400 F a . 01236616420

OS Lmnce LA O W l L

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

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

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

List of Background Papers:

Application forms and plans Cumbemauld Local Plan Letters from Dalziel Design Partnership dated 20th. and 24th. May 1999.

Any person wishing to inspect these documents should contact Iain Ewart on 01 236-616472

Comaps99/99002 14F1 Ojn/IE/JK

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Application No:

Date Registered:

APPLICANT:

Agent:

DEVELOPMENT:

LOCATION:

-0 WardNo: - Grid: File Reference: Site History:

Development Plan:

Contrary to Development Plan:

CONSULTATIONS:


a REPRESENTATIONS:


COMMENTS:

N/99/00374/FUL

24th. March 1999

HIGHCROSS (CUMBERNAULD) LTD, TOOMERS WHARF CANAL WALK, NEWBURY RG14 1DY

Cooper Cromar, Newton House, 457 Sauchiehall Street, Glasgow G2 3LG

RELOCATION OF POWER SHUTTER DOOR, FORMATION OF SERVICE YARD AND ALTERATIONS TO CAR PARKING LAYOUT AND ACCESS ROADS

MOLLINS COURT WESTFIELD INDUSTRIAL ESTATE, CUMBERNAULD

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IE The twelve industrial units and roadsiparking areas were built by Cumbemauld Development Corporation

. - .

271867 - 672465

Cumbernauld Local Plan Policies 1B1, 2 and 4 - Existing industrialhusiness areas to be retained.

No

West of Scotland Water, Transco, East of Scotland Water Scottish Power, SEPA West

No Response Not required

It is proposed to rationalise the car parkinghervice yard which forms Mollins Court and which serves the twelve surrounding industrialhusiness units. This will increase the number of car parking spaces to 120. A space will also be provided, within the centre of the courtyard, to accommodate a lorry turning facility.

It is also proposed to form a dedicated service yard for Unit 2 and this in turn requires the introduction of a new roller shutter door on the elevation which faces that yard.

The scheme will remove some areas of landscaping and increase the amount of ground given over to parking. It will, however, rationalise the layout of the courtyard and bring the parking into a better relationship with the units. In addition, I have recommended that conditions be imposed requiring that improved landscaping works are

Woduced by Department of Planning and Environment Northern Division !ran Way JJMBERNAULD 3 7 1DZ

Telephone 01238 816400 Fax. 01238 616420

3s Licence LA O W 1 L

N/99/00374/FUL I

HIGHCROSS(CUMBERNAULD)LTD 1 MOLLINS COURT I WESTFIELD RELOCATION OF ROLLER SHUTER DOOR AND ALTERATIONS TO CAR PARKING AND ACCESS ROADS This copy has been produced spec~ficallyfor Planning L~ and Bulldrng Control purposes only 1

N

A I'i2500 .

NO runner copies may De maoe

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undertaken within parts of the redesigned layout to compensate for some of the areas being lost. The proposals appear to be a reasonable rationalisation of arrangements which hopefully will make the units more attractive and viable and I would recommend approval.


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 a landscaping scheme for the areas shown in green on the approved plans shall be submitted for the prior written approval of the Planning Authority and shall be implemented in full prior to the service yard shown in yellow on the said plans being brought into use.

In the interests of amenity. -0 Reason: List of Background Papers:

Application form and plans Cumbemauld Local Plan Letter from East of Scotland Water dated 12th. April 1999 Letter from Transco dated 7th. April 1999 Letter from West of Scotland Water dated 7th. April 1999 Letter from Cooper Cromar dated 29th. April 1999.

Any person wishing to inspect these documents should contact Iain Ewart on 01236-616472. - . ..

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Application No:

Date Registered:

APPLICANT:

Agent:

DEVELOPMENT:

LOCATION:

Ward No: Grid: File Reference: Site History:

Development Plan:


CONSULTATIONS:


REPRESENTATIONS:


COMMENTS:

24th. March 1999

HIGHCROSS (CUMBERNAULD) LTD, TOOMERS WHARF CANAL WALK, NEWBURY RG14 1DY

Cooper Cromar, Newton House, 457 Sauchiehall Street, Glasgow G2 3LG

RELOCATION OF POWER SHUTTER DOOR, FORMATION OF SERVICE YARD AND ALTERATIONS TO CAR PARKING LAYOUT AND ACCESS ROADS

BADENHEATH PLACE, WESTFIELD INDUSTRIAL ESTATE, CUMBERNAULD

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IE The ten industrial units and roaddparking areas were built by Cumbernauld Development Corporation

271604 - 672423

Cumbemauld Local Plan Policies 1B1, 2 and 4 - Existing industrialhusiness areas to be retained.

No

West of Scotland Water, Transco, East of Scotland Water Scottish Power, SEPA West

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No Response Not required

This proposal is similar to that described in Application No. N/99/00374/FUL in that it involves the redesign of the parking and service areas which are used by the ten industrialhusiness units at Badenheath Place. This will increase the number of parking spaces to 158. Improved manoeuvring space will also be provide for larger vehicles.

It is also proposed to form a dedicated service yard for Unit 5 and this in tum requires the introduction of a new roller shutter door on the elevation which faces that yard. The extended yard will eat into the space separating the units from the Westfield Road. The conditions which I have recommended be imposed, however, require that landscaping works are undertaken at this location.

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The proposals appear to be a reasonable rationalisation of arrangements which hopefully will make the units more attractive and viable and I would recommend approval.




2. That a landscaping scheme for the areas shown in green on the approved plans shall be submitted for the prior written approval of the Planning Authority and shall be implemented in full prior to the service yard shown in yellow on the said plans being brought into use.

Reason: In the interests of amenity.


Application form and plans Cumbernauld Local Plan Letter from East of Scotland Water dated 12th. April 1999 Letter from Transco dated 7th. April 1999 Letter from West of Scotland Water dated 7th. April 1999 Letter from Cooper Cromar dated 29th. April 1999.

Any person wishing to inspect these documents should contact Iain Ewart on 01236-616472.

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Application No:

Date Registered:

APPLICANT:

Agent:

DEVELOPMENT:

LOCATION:

Ward No: Grid: File Reference:


CONSULTATIONS:


REPRESENTATIONS:


COMMENTS:

N/99/00488/ADV

16th. April 1999

CITILITE LTD., 14/15 LOWER GROSVENOR PLACE, LONDON SW1 OEX

ERECTION OF TWO (2 No.) ADVERTISING SIGNS

157 CUMBERNAULD ROAD, CHRYSTON, GLASGOW G69 9AF

67 268234 - 669465 PW None

Strathkelvin Southern Area Local Plan EPRO 617 - Area unaffected by specific proposals and development control in residential areas. Northern Corridor Local Plan (Consultative Draft) 1998 Policy HG3, Maintenance of Residential Character

NO

Objection from Chryston Community Council

This application seeks advertisement consent for the erection of two internally illuminated advertising boards on the gable of 157 Cumbernauld Road, an Estate Agents office, with residential accommodation above.

The proposed signs would face onto Fleming Avenue at the intersection with Cumbemauld Road and would be on a corner site.

The location of the proposed signs is within a residential area and the appropriate Local Plan policies reflect this in seeking to protect residential character.

Two identical signs have been erected without consent adjacent to the now vacant ex-post office at Station Road, by the same Company and enforcement action for their removal is currently being undertaken.

Advertisement1

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Advertisement consent for the Station Road signs was refised as the signs were considered to be detrimental to residential amenity and road safety.

A letter of objection has been received from the Community Council citing the above case history and saying that the signs will be detrimental to local visual amenity.

Furthermore, the location of the proposed signage is directly adjacent to a proposed new pedestrian zebra crossing on Cumbernauld Road. It is considered that the signage will distract drivers at a critical point in the approach to the zebra crossing to the detriment of pedestrian safety.

It is therefore recommended this application is refused consent for reasons of residential amenity and road safety.

RECOMMENDATION: Refuse for the following reasons:-

1. The proposed signage, if erected, would be detrimental to the residential character of the surrounding area contrary to Policies EPRO6 and 7 of the Strathkelvin Southern Area Local Plan 1983.

2. The proposd internally illuminated signage will be of detriment to road safety, as the proposed signage is adjacent to a proposed new pedestrian zebra crossing and is likely to distract drivers approaching the crossing.


Advertisement consent forms and plans registered 16th. April 1999 Strathkelvin Southern Area Local Plan 1983

Letter of objection from Chryston Community Council dated 10th. May 1999 Consultation response from the Transportation manager dated 25th. May 1999

e Northern Corridor Local Plan (Consultative Draft) 1996

Any person wishing to inspect these documents should contact Paul Williams on 01236-616464

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APPLICATION NO: N/99/00488/ADV

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1.1

1.2

1.3

2.

2.1

2.2

2.3

2.4

SITE AND PROPOSAL

This application seeks approval for the erection of two internally illuminated advertising sign boards on the gable of 157 Cumbernauld Road, Chryston by Citilite Ltd. The property is an Estate Agents with a flatted property above.

The application site is situated on the corner of Fleming Avenue and Cumbernauld Road and would therefore make the proposed signs highly visible when travelling north-easterly in the direction of Cumbernauld.

The application site, although on the Main Road of Chryston and Muirhead, lies within a residential area. The site therefore falls w i b residential zoning in the Adopted Strathkelvin Southern Area Local Plan 1983 and also in the Northern Corridor Local Plan (Consultative Draft) 1998. Policies EPR06 and 7 and HG3 in the respective Local Plans all seek to protect residential amenity.

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DISCUSSION AND CONCLUSION

A letter of objection was received from Chryston Community Council on the grounds that the signage would be inappropriate in h s residential area and to the detriment of local visual amenity. Furthermore, the Community Council objected to the fact that the advertising signs would not pertain or relate directly to the Estate Agents where the signs would be erected. They also commented on the signs at the ex-Post Office in Station Road, identical to those proposed, which were erected without consent, and have been the subject of numerous complaints from locals.

The signs at the ex-Post Office in Station Road were refused advertisement consent and are now the subject of an ongoing enforcement action for their removal. Th~s was because they were considered to be inappropriate for the sensitive residential location and to the detriment of residential amenity.

The Transportation Manager was consulted and has advised that a new pedestrian zebra crossing is proposed directly adjacent to the application location. The proposed signs are therefore considered likely to be a distraction to drivers at a critical point on the approach to the zebra crossing, to the detriment of road safety.

Therefore, for reasons of residential amenity and road safety, this application is recommended for e refusal.

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Application No:

Date Registered:

APPLICANT:

Agent:

DEVELOPMENT

LOCATION:

Ward No:

Site History:

Development Plan:

6th May 1999

CHARACTER CLASSICS CO LTD, 6B MID ROAD, BLAIRLINN INDUSTRIAL ESTATE, CUMBERNAULD, G67 2TT

PARTIAL CHANGE OF USE TO STORE & SALE OF HISTORIC VEHICLES

6B MID ROAD, BLAIRLINN INDUSTRIAL ESTATE, CUMBERNAULD, G67 2TT

60

GLA PA90/094 - Cold Store, W Sword Ltd PA90/104 - Replacement Offices, Syntec

275882-672660

Zoned as “Industrial” Policies IB1, IB7 in the Cumbemauld Local Plan (Adopted November 1993)

Contrary to Development Plan: Yes .. - .

CONSULTATIONS:


REPRESENTATIONS: e Neighbours: Newspaper Advert:

COMMENTS:

East of Scotland Water, West of Scotland Water

No Response No Response

This application seeks approval for the partial change of use of a unit at 6b Mid Road, Blairlinn Industrial Estate, Cumbemauld for the store and sale of historic vehicles. The application site is zoned as “Industrial - IB1, IB7 in the Cumbemauld Local Plan (Adopted November 1993). The proposed vehicle storage is limited to 130.5 square metres of an application site measuring 2399.64 square metres. The rest of the unit is used by a chemical distribution company. The company will purchase classic and historic ‘vehidles and store them at the site in Blairlinn. Vehicles will be advertised nationally in specialist magazines and also in local newspapers. Prospective purchasers will view vehicles by appointment, occasionally at the premises, but more often at a mutually agreed location. There will be no showroom and vehicles will not be displayed for sale.

The site/

c

' Roduced by N/99/00548/FUL 1 Depament of Planning and Environment

Norhem Dlvlsion Bron Way , &UY:EFNAULC A CHARACTER CLASSICS CO LTD

i 66 MID ROAD I BIAIRLINN CUMBERNAULD

PARTIAL CHANGE OF USE TO STORE 1 Telephone01238616400 ~ax 01236616420 AND SALE OF HISTORIC VEHICLES

1 OS Ltcence U 09041 L

1 :2500 1 This copy has been produced specificaiiy for Planning and Building Control purposes only

No further copies may be made 1

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The site is zoned for industrial use. Nevertheless, this proposal will not involve the public display of vehicles for sale and is only a limited part of the operations taking place at the site, which are mainly based on

the storage and distribution of vehicles. In these circumstances, and subject to conditions which will limit and control the car sales activity, I do not consider that the development will significantly or materially prejudice the terms of the Local Plan policy for this area, which allow for storage and distribution. .. -

There were no adverse responses from those consulted, neighbour notified or from the press advertisement. The Transportation Manager conditioned his response by asking for a parking scheme for visitor and staff parking areas. This has been addressed by attaching a relevant condition to this consent. Having assessed the proposal in relation to consultees comments and the policies of the Cumbernauld Local Plan, I consider the proposal to be acceptable.

RECOMMENDATION: Grant subject to the following conditions:


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

2. That the permission hereby granted shall enure solely for the benefit of Kenneth W Campbell, Director, Character Classics Co. Ltd. .. - .

Reason: To define the permission. * 3. That the permission hereby granted relates to a change of use only and, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no alterations shall be made to the external appearance of the building.

Reason: To enable the Planning Authority to retain effective control and to ensure the business operates in accordance with the permission granted

4, That there shall be no display of vehicles for sale.

Reason: To define the use of the appIication site.

5. That before/

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5. That before development hereby permitted is brought into use, details of a scheme which marks and identifies space within the curtilage of the application site for:- (a) 3 visitor parking bays; (b) 1 staff parking bay per two members of staff, and; (c) the provision of turning areas so that all vehicles enter and leave the site in forward gear shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

6. That before the development hereby permitted is completed, all the works covered by the scheme, approved under the terms of condition 5 above, shall be completed and these areas shall be maintained, thereafter, as parking and manoeuvring areas.


7. That notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) Scotland Regulations 1984, no fascia signs, adverts or projecting signs shall be erected on the premises, without the prior written consent of the Planning Authority. . _ .

Reason: To ensure the business operates in accordance with the permission granted.

8. That the business hereby permitted shall operate in accordance with the terms of the letter dated 23rd. April 1999 from Character Classics, hereby stamped and docketed as part of the approved plans

Reason: To define the use of the application site


Planning Application Forms and Plans registered on 6th May 1999 Cumbernauld Local plan (Adopted November 1993) Consultation response from Local Plans Officer (Cumbernauld Team) dated 1 lth May 1999 Consultation response from West of Scotland Water dated 14th May 1999 Consultation response from Protective Services Department dated 17th May 1999 Consultation response from East of Scotland Water dated 19th May 1999 Consultation response from the Transportation Manager dated 7th June 1999 Letter from Character Classics dated 23rd. April 1999

Any person wishing to inspect these documents should contact Gillian Anderson” on 01236-61 6478.

Comaps99/990548/FIGLPJJK

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Application No: N/99/00624/OUT

6th. May 1999 Date Registered:

MR. R. CONWAY, 30 MID BARRWOOD ROAD, KILSYTH APPLICANT:

None Agent:

ERECTION OF TWO DWELLINGS IN OUTLINE DEVELOPMENT:

ADJACENT TO 30 MID BARRWOOD ROAD, KILSYTH LOCATION:

64 272759 - 677492 P.W. None

Ward No: Grid: File Reference: Site History:

Development Plan: Kilsyth Local Plan 1983 Housing Policy H2 Kilsyth Local Plan Finalised Draft 1996 policies HG2 and HG3

Contrary to Development Plan: No

CONSULTATIONS:


Transportation Manager West of Scotland Water, Scottish Gas, The Coal Authority

REPRESENTATIONS:


One IeEer of objection

This application seeks consent for the erection of two dwellings in outline on a site to the east of 30 Mid Banwood Road, Kilsyth.

COMMENTS: a The site lies within a residentially zoned area in both the Adopted 1983 Local Plan and the emerging 1996 Finalised Draft Local Plan. The proposed vehicular access, Mid Bamvood Road, is an unadopted, unmade up, rough single lane at the application location. Also, no main sewer facilities are available at the application location.

A letter of objection has been received from the resident of 38 Mid Banwood Road.

It is considered that the proposal is contrary to policy as it would result in more than three dwellings being served off an unadopted access with no proposed main drainage.connection.

This/

Produced by

Bron Way

, PLANNING APPLICATION NO: N/99/00624/OUT PROPOSED HOUSING PLOTS AT MID BARRWOOD ROAD, KILSMH

Planning and Development Department Northern Division

CUMBERNAULD ~ NS7277

: 1 G671D.Z

I Telephone 01238 616400 F a . 01236 616420 ~ This copy has been produced specifically for Planning and Building Control purposes only.

OS Licence U O W l L I No further copies may be made

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In addition, if approved the proposal would set an undesirable precedent for other proposals which are contrary to policies H2 and HG3. The application therefore, is recommended for refusal.

RECOMMENDATION: Refuse on the following grounds:-

1. The proposal is contrary to policy H2 of K~lsyth Local Plan 1983 as mains drainage connection is not proposed.

2. The proposal is contrary to policy HG3 of the Kilsyth Local Plan (Finalised Draft) 1996 because it would lead to the sub-standard vehicular access serving at least six dwellings, three more than is allowed by the policy.

If approved, this application would set an undesirable precedent for other proposals which are contrary to policies H2 and HG3. 0 3.


Application form and plans dated 6th. May 1999 Kilsyth Local Plan 1983 Kilsyth Local Plan (Finalised Draft) 1996 Letter of objection from 3 8 Mid Banwood Road dated 12th. May 1999 Consultation response from the Transportation Manager

Any person wishmg to inspect these documents should contact Paul Williams on 0 1236-6 16464

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APPLICATION NO: N/99/00624/OUT

1.

1.1

1.2

1.3

1.4

1.5

2.

2.1

2.2

2.3

2.4

2.5

2.6

SITE AND PROPOSAL

This application seeks approval for the erection of two dwellings in outline on a site to the east of 30 Mid Bamvood Road, Kilsyth

The application site is typical of the Bamvood area, in that it is covered in dense vegetation, punctuated by rocky outcrops and is undulating.

Members may recall that the majority of Mid Bamvood Road is unadopted due to its sub-standard condition. The proposed vehicular access at this location, Mid Bamvood Road, is an unmade up, single lane.

The application site falls within residential zoning in the Adopted Kilsyth Local Plan 1983 and the soon to be adopted Kilsyth Local Plan (Finalised Draft) 1996. The pertinent policies are H2 of the Adopted Plan and HG3 of the emerging Local Plan. Policy H2 does not allow further residential development in the Banwood area until a connection to the main drainage system and improved access roads are provided. Policy HG3 of the 1996 Plan states that no more than three dwellings should be served off a private, unadopted access road.

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0

Some residential infill along t h l s part of Mid Bamvood Road has received planning permission.However, these consents were given approximately 20 years ago by the previous incumbent authority and prior to the adoption of the current 1983 &lsyth Local Plan.

DISCUSSION AND CONCLUSION

A letter of objection was received from the resident of 38 Mid Bamvood Road on the grounds that the sub-standard, unadopted access road would not be able to cope with additional traffic and because there is no main drainage system within the vicinity of the application.

The consultation response from West of Scotland Water confirms that no main drainage system exists within the vicinity of the application site and that foul drainage would have to be provided through the installation of a septic tank.

The Transportation Manager has objected to the proposal because the vehcular access, Mid Banwood e Road, is sub-standard and unadopted and any additional vehicular traffic would be highly undesirable.

Although the application site is w i h a residential area as identified in the adopted and emerging Local Plans, it is considered the proposal is contrary to policy H2 of the Adopted Plan and policy HG3 of the emerging plan.

Palicy H2 states that no further residential development will be allowed in the Banwood area until a connection to the main drainage system and improved access roads are provided. Connection to the main drainage system remains difficult and the access road has not been improved. Policy HG3 of the emerging Local Plan states that developments of 3 or more houses should be served by a road constructed and designed to adoptable standards. Mid Bamvood Road, at this location currently serves at least four dwellings and is a sub-standard, unmade, single lane which is unadoptable. As there are no proposals to upgrade Mid Bamvood Road to an adoptable standard this application is contrary to policy HG3.

This application is therefore recommended for refusal for the above reasons and additionally because, if approved, it would set an undesirable precedent for other proposals which are contrary to policies H2 and HG3.

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Application No. Date registered APPLICANT

Agent DEVELOPMENT LOCATION

Ward No. Grid Reference

File Reference

Site History

Development Plan

Contrary to Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours

Newspaper Advertisement

COMMENTS

C/99/00249/FUL 2 March 1999 TILBURY DOUGLAS HOMES LTD

ARM Architects, 10 Payne Street, Port Dundas, Glasgow. G4 OLF ERECTION OF HOUSING DEVELOPMENT COMPRISING 140 HOUSES SITE ADJACENT TO HOLEHILLS DRIVE AND THWSHBUSH ROAD, HOLEHILLS DRIVE, AIRDRIE, LANARKSHIRE

42 276614 666820

CPLI2 1 130/2000/0/000/GQ/KH

In December 1998 North Lanarkshire Council, following a marketing exercise, agreed to dispose of the application site to Tilbury Douglas subject to all statutory consents, including planning permission, being obtained. The site has lain vacant since the demolition of local authority flatted development in April 1997.

On the 23rd February 1999 planning permission was granted (C/99/00118FUL) for ground works and preparation for housing development.

Under the Adopted Monkands District Local Plan 1991, the application site lies within policy area HG9 (existing residential areas).

No

Coal Authority, West of Scotland Water, Transco , Head of Sport and Recreation

Scottish Power and British Telecom

Eight

Not Required

The site which is the subject of this application comprises 3.3 hectares or thereby of vacant ground which lies witlw the heart of the Holehills area, Airdrie. The site is bounded to the south and west by two storey local authority built houses, to the north by three blocks of eight storey flats and to the east and partly to the north by grass embankments. Beyond the embankment to the north lie established playing fields.

The applicant seeks detailed planning permission for housing development on the site. The applicant proposes that the housing would take the form of a mixture of semi-detached, detached, terraced and flatted blocks, providing 140 units in total. Tilbury Douglas propose to construct all of the units, of whch 110 would be sold as mainstream private sector housing, with the remaining 30 units being acquired and managed by Cairn Housing Association.

R9900249.DOC

' P i a l . . bY Departmeniol Planning and Environment Central Division Municipal Buildings Kildonan Streel COATBRIDGE ML5 3LN

Telephone 01236 812222 Fax 01236 431068

OS Licence LA 09041L . -. ..

PLANNING APPLICATION : C/99/00249/FUL ERECTION OF HOUSING DEVELOPMENT COMPRISING 140 NO. HOUSES SITE ADJACENT TO HOLEHILLS DRIVE & THRASHBUSH ROAD, HOLEHILLS, * OBJECTORS This copy has been produced specilically for Planning and Building Control purposes only.-' AIE!!3!.E-- _.

. . . . ... ._ No further copies may be-made , , , . . . ... . . .. - . -. ... . .- .. . . .. . . . . . . .

A 1 :2500

... . .

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2.

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

The layout design would be based on a single access road with roundel (and traffic c a h g ) serving the private sector mainstream units with complementary parking, play area and landscaping. The 30 housing association units would be built to form a frontage development facing, and served by, the Holehills Drive roadway.

As for the merits of the proposal, it is clear first of all that it is compliant with current local plan policy. Indeed, given its size and location, the development would integrate Comfortably with the existing residential area and would complement the prevailing residential environment. In addition, as far as the detailed layout is concerned, the proposal represents a residential development of reasonable amenity with proper regard to environmental and traffic safety implications. Furthermore, the play area facility, whilst being below the level suggested by the Head of Sport and Recreation, is considered to be adequate in the context of the locality which is well served by recreational opportunity.

As for other material considerations, it is noted that a letter of objection was received from Linda McGhee of 12 Holehills Drive, signed by seven other residents within the Holehills area. On examination, it is clear that the grounds of objection are based on the residents’ fears of noise and dust nuisance whilst the development is being built. It is considered that these concerns are not of relevance to the planning consideration, but would be more appropriately addressed in the normal manner by control of pollution legislation should problems of this nature arise during the construction process.

In conclusion, given all material considerations, including the Development Plan, it is considered that the application proposal is acceptable from a plannning viewpoint.

RECOMMENDATION

Grant, subject to the following conditions

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


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

3.

4.

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, including any modifications as may be required.


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;

R9900249.DOC

2%

5.

6.

7.

8.

(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 phasing of these works.


That within one year of the occupation of the last 10 dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 4 above, and the play area approved under condition 6 below, 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.


That before the development hereby permitted starts, a scheme for the equipped play area as shown within the application site shall be submitted to, and approved in writing by the Planning Authority, includmg any modifications as may be required, and this shall include:-

(a) details of the type and location of play equipment, seating and litter bins to be situated within the play area; (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area ( see condition 8 ); (d) details of the phasing of these works.


That before development hereby permitted starts , a management and maintenance scheme for all landscaping and the play area shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required


That the proposed play area shall be enclosed by a suitable acoustic fence to the satisfaction of the Planning Authority

Reason: In the interests of protecting the amenity of residents of the new houses

List of Background Papers

- Application Form and Plans. - - - - -

Adopted Monklands District Local Plan 199 1 Consultation Response from The Coal Authority dated 23rd March 1999 Consultation Response from West of Scotland Water dated 1st April 1999 Consultation Response from Transco dated 15th March 1999 Letter of objection from Linda McGhee, 12 Holehdls Drive, Airdrie.

Any person wishing to inspect the above background papers should telephone Coatbridge 8 1238 1 and ask for Mr Quinn.

R9900249.DOC

29

Application No. C/99/00547/FUL Date registered 5 May 1999 APPLICANT MR R F ASAAD AND MRS S A MORCOS ASAAD


SITING OF A MOBILE SNACK BAR B&Q CAR PARK, LOCKS STREET, COATBRIDGE

Ward No. 47 Grid Reference 274356664514

File Reference C/PL/26640/2000/200/C/SOH

Site History Erection of retail warehouse and garden centre. Also various applications for signage.

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

ECON 8 General Urban Areas

Contrary to Development Plan No

CONSULTATIONS


REPRESENTATIONS Neighbours None

Newspaper No Response Advertisement

COMMENTS The proposal involves the siting of a mobile snack bar at the car park to the front of B&Q.

Having assessed the proposal the car park is large enough to support the mobile snack bar and any increase in t r s c that may be generated. In terms of amenity the proposal will not have any adverse environmental impacts to local residents due to its location within the commercial area. Furthermore, the proposal is not contrary to the Local Plan.

It is for these reasons that I consider the proposal to be acceptable from a planning viewpoint.

R9900547.DOC

Jniapal Buildings ldonan Street >ATBRIDGE -5 3LN

ilephone 01236 812222 Fax 01236 431068 COATBRIDGE

31

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. That the permission hereby granted is for a temporary period only and shall expire 3 years from the date of this decision

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


- - Plans and application forms submitted on 22 April 1999

Adopted Monklands District Local Plan 1991

Any person wishing to inspect the above background papers should telephone Coatbridge 812382 and ask for Kirsten Cairns.

R9900547.DOC

32




File Reference

Site History

Development Plan


CONSULTATIONS


REPRESENTATIONS

Neighbours

Newspaper Advertisement

COMMENTS

C/99/00565/FUL 28 April 1999 ALBION ROVERS FOOTBALL CLUB

ERECTION OF FOOD BAR AND CLUB SHOP CLIFTONHILL STADIUM, MAIN STREET, COATBRIDGE

34 274195 664784

90125 - Erection of non food retail business park, offices and residential flats (in outline) - refused. 90582 - Erection of food retail and business park and erection of residential development (in outline) - withdrawn. 91084 - Erection of 7500mz food superstore, formation of 2 vehcular accesses and car park (in outline) and demolition of existing stadium - refused.

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

0-

HG313 1 - New Private Sector Housing Development at Cliftonhill Park, Coatbridge (or leisure & recreation andor business use)

LR512 leisure, recreation or “business use” or redevelop the existing site for housing andor business use and provide stadium on a new site.

- Upgrade football stadium to all seater stadium, combined with other

NO

None

No Response

The proposal involves the erection of a food bar and club shop within the grounds of Cliftonhill Stadium.

The proposal is not only compliant with the Local Plan, it will also have no adverse environmental or traffic impacts as it will only be open for 2% hours on match days and evenings.

It is for these reasons that I consider the’proposal to be acceptable.

R9900565.DOC

!.._. .- - -. .... - .. .. . . . ... ..... . .. , ... . . ~ . .. . . . .. ... . .. . . -.- - ... . . . . . . .. . . .

I 1 PrXuced by i Department of Planning and Environment

Central Division Municipal Buildings Kildonan Street COATBRIDGE ML5 3LN

: Telephone 01236 812222 Fax. 01236 431068

' OS Licence LA 09041L . - - ... - . -

- PLAN N I NG APPLl CAT1 ON : C/99/00565/FU L ERECTION OF FOOD BAR AND CLUB SHOP AT CLIFTONHILL STADIUM, MAIN STREET 1 COATBRI DGE R e p d ~ ~ e d trom Ihe Oldn*nsr Syrcy mlpplq wllh

Ihc prmksbn of me Conllolki 01 h r Malcrys sI.lbm" O f l t 0 C r a m sopnbhl U ~ ~ l h 4 r I s M tcproduclbn inbmwr Crown cownghl and may Itad 10 provsvlbn or cwd P T O E C C ~ ~ C

' :2500 This copy has been produced specifically for Planning and Building Control purposes only

_ _ _ _ No further copes may be made __ - - __ - - ._ _ _ - . - - -

34

RECOMMENDATION

Grant, subject to the following condition.




- -

Plans and Application Forms submitted on 26th April 1999 Adopted Monklands District Local Plan 199 1

Any person wishmg to inspect the above background papers should telephone Coatbridge 8 12382 and ask for Miss Cairns

W900565.DOC

35

Application No. S/98/0033O/AMD Date registered 18th March 1998 APPLICANT Agent DEVELOPMENT

LOCATION

ALDERSIDE ENGINEEFUNG, BIGGAR ROAD, CLELAND Macfarlane & CO, 48 Main Street, Wishaw, ML2 7AB REMOVAL OF RESTRICTIVE CONDITIONS (HOURS OF OPERATION) ALDERSIDE ENGINEERING, BIGGAR ROAD, CLELAND

Ward No. 19 Grid Reference

File Reference S/PL/B/4/22( 96)/CLWJM

Site History 1988 - Consent granted for use as engineering yard and workshop 1989 - Consent granted for extension to engineering workshop 1990 - Consent granted for infilling and landscaping of ground 1992 - Consent granted for extension to workshop 1993 - Consent granted for extension

Development Plan NLC Southern Area Local Plan (Finalised Draft) Established Industrial and Business Area


CONSULTATIONS


REPRESENTATIONS .. - Neighbours

Newspaper Advertisement Not Required

3 Letters of Objection, including letter from Local Member 1 Letter of Petition with 20 Signatures

COMMENTS This application relates to an engineering business which specialises in metal fabrication. At present, hours of operation are restricted by planning permissions to 8.00 am to 5.00 pm Monday to Friday, and it is proposed that these restrictions are removed.

There are concerns by local residents and the Local Member (Councillor J. Martin) that the increase in working hours would generate unacceptable levels of additional noise and disturbance outwith current working hours. This concern is supported by the outcome of a noise study which accompanied the planning application. For this reason,

37

therefore, I must recommend that planning permission is refused.

Full details of the proposal and objections can be found within the attached report. It should also be noted that the Local Member has made a request for a site visit and public hearing before the application is determined.

RECOMMENDATION

Refuse, on the grounds that the proposal would result in the increase in noise levels of a magnitude and time of day which would seriously detract from the amenity currently enjoyed by the proprietors of nearby dwellinghouses.


Application form and accompanying plans Letters from Macfarlane & CO dated 3/4/98 and 1/4/99 Environmental Noise Assessment prepared by Nicol Acoustic Consultancy (June 1998) NLC Southern Area Local Plan (Finalised Draft) 1998 Burgh of Motherwell and Wishaw Development Plan 1953 Letter from Councillor J Martin dated 14/4/98 Letter from Mr J Brown, 5 Biggar Road, Cleland dated 9/3/98 Letter of petition with 20 signatories dated 8/3/98 Letter from Mr B Smith, 16 Biggar Road, Cleland dated 9/3/99 Southern Area Local Plan (Finalised Draft) Scottish Office Planning Advice Note No. 56 (Planning and Noise)

e

Any person wishing to inspect the above background papers should telephone Motherwell 302 102 and ask for Mr Kellock.

38

APPLICATION No. S/98/0033O/AMD

REPORT

DESCRIPTION OF SITE AND PROPOSALS

Alderside Engineering is a metal fabrication business just off Biggar Road, Cleland. It has operated at this site since 1988 when planning permission was granted to allow the yard to be operated as an engineering yard and workshop. The fabrication work takes place within a shed building, and the large yard area is used primarily for storage purposes. The site is surrounded by other industrial businesses to the east and north east, Cleland railway station to the south and residential properties at its north west and south west corners and to the west on the other side of Biggar Road. In recognition of the potential for the engineering yard to generate noise, the original 1988 planning permission restricted the hours of operation from 8.00 am to 5.00 pm Monday to Friday.

The applicant now wishes to remove all restrictions on hours of operation. He states that this added flexibility is essential for the business to operate properly. Also, he suggests that in the main, work undertaken outwith current approved hours would be welding which is relatively quiet and that late working would be the exception and not the rule. If some restrictions are necessary, he suggests that the following hours would be acceptable:

Monday to Friday: 8.00 am to 5.30 pm

Saturday: 8.00 am to 12 noon

Sunday: 8.00 am to 5.30 pm

REPRESENTATIONS

The planning application has been the subject of 2 letters of objection and a petition with 20 signatures. In addition, the local member for the area (Councillor J. Martin) also objects to the proposals. A summary of the points raised by the objectors is as follows:

The yard already generates significant levels of noise, particularly from the hammering and cutting of metal.

The yard adjoins a residential area.

Existing restrictions are not adhered to, with some working at weekends and through the night.

Noise and disturbance from this yard is in addition to that from other nearby industrial sites.

Insufficient numbers of people were advised of the proposals.

Proposal would result in increase in traffic causing further disturbance.

39

- Existing building and landscaping is an eyesore.

2.2 Councillor J. Martin has advised me that the objectors receive his full support on this matter and has requested that the Committee should consider visiting the site and allowing the objectors the opportunity of a hearing.

3. PLANNING CONTEXT

3.1 The site is zoned as an ‘‘Established Industrial and Business Area” within the Southern Area Local Plan. Policy ‘Ind 9’ (Assessing Applications for Industrial and Business Development) is relevant to the consideration of this application. It states that in considering applications for industrial development, the Council will consider several matters, including whether the area is zoned as an ‘Established Industrial Business Area’ , whether significant economic benefits are offered to the area, and the suitability to the character of the area within which it is set.

3.2 In April 1999, the Scottish Office published Planning Advice Note No 56 entitled “Planning and Noise”. Amongst other things, this document gives advice on how to assess proposals with 0 noise implications.

3.3 As noted above, there are other industrial businesses in the vicinity of the application site, including, the engineering firm ‘Motherwell Bridge’ immediately to the north. In 1996, planning permission was granted allowing it to operate 8.00 am to 4.30 pm Sundays, which is in addition to the 8.00 am - 8.00 pm (Monday to Friday) and 8.00 am - 4.00 pm (Saturdays) previously allowed.

4. NOISESTUDY

4.1 Shortly after the application was submitted, it became clear that the issue of noise was a key consideration. The applicant was advised that a decision could not be made on the planning application until a full noise study had been carried out. This was then prepared and submitted by the applicant. Much of the delay in bringing this application to the Committee can be put down to the time taken to undertake and thereafter assess the noise study.

4.2 In assessing likely noise levels outwith the hours currently permissible, background readings were taken to measure the noise levels experienced by local residents when the yard is not working. Further measurements are taken to assess the likely noise levels when the yard is working. Whilst I do not dispute the measurements taken by the applicant’s noise experts, I do not agree with their conclusions.

4.3 Depending on what circumstances are in place e.g. time of day, what machinery is operating and how it is being operated, whether the shed doors open or closed etc. the conclusions of the noise study are that noise levels would increase by a minimum of 5.8 dB (based on normal working in the evening with doors closed, but with no hammering). The increase could be as much as 22. 8dB, (based on normal activities with doors closed but including hammering) taking place on a Sunday morning. Other measurements indicate increases from around 6.2dB to 9.6dB., depending on circumstances.

4.4 In assessing the significance of the likely increase in noise, British Standards (BS4142 1997) and PAN 56 advise that a difference of 5dB is likely to be marginal, whilst an increase in 1 OdB will be likely to give rise to complaints.

40

4.5 The applicant’s noise expert has suggested that the above results do not justify the refusal of planning permission. In particular, he states that the circumstances whereby increases in around 22/23 dB would occur, i.e. using the hammer for a prolonged period, rarely if ever occur. Also, whilst he concedes that some activity may, under the terms of the guidance, result in further complaints, from local residents, it should be remembered that the existing premises are already operating close to a residential area and isolated complaints are to be expected. He also states that from experience, most local authorities would not serve a noise abatement notice under the terms of the Environment Protection Act 1990 in such circumstances,

4.6 Whilst I note that the applicant accepts that the proposals will generate additional complaints from local residents, I cannot accept that this is of no significance in assessing this planning application. Firstly, it would not be possible to restrict through planning conditions certain activities on site, including those which would increase noise levels by around 22/23 dB. Also, I cannot accept the argument that further complaints should have no bearing on the outcome of the planning application.

5 . PLANNING ASSESSMENT AND CONCLUSIONS

5.1 It is quite clear that in assessing this proposal, the main consideration is that of noise and disturbance and its impact on the amenity enjoyed by local residents.

5.2 Noise from the engineering works has been a problem at this site for a number of years, as can be seen from complainants to the Council regarding noise and other matters. To alter or remove the planning condition restricting the hours of operation can only make matters worse for local people, and this fact is verified by the outcome of the noise study.

5.3 Objectors have also raised the issue of increased traffic should the restrictions be removed. However, increased traffic levels are likely to be quite small, particularly when seen in the context of the other existing users of the access road from the surrounding industrial area.

5.4 Clearly, any decision to refuse planning permission must be seen to be consistent with other recent decisions for similar proposals in the area, particularly the decision to allow Motherwell Bridge to operate hours in excess of that currently permitted at the application site. However, the layout of those premises and its relationship with nearby houses is different from that at the application site, and I would suggest that the main consideration in that instance was increased traffic, and not necessarily increased noise from the operation itself.

5.5 On the basis of the above, I must recommend that planning permission should be refused, as the proposal would increase levels of noise to levels which are considered unacceptable given its location close to residential properties.

5.6 Finally, the Committee is reminded that the local member has requested a site visit and hearing form part of the Committee’s consideration of this proposal.

41


Agent DEVELOPMENT

LOCATION


File Reference

Site History e

Development Plan


CONSULTATIONS

Objection No Objection

Conditions No Reply

REPRESENTATIONS e Neighbours News pap er Advertisement

COMMENTS

S/99/003 ll/OUT 25 March 1999 BAVAIRD DEVELOPMENTS, CENTRE POINT, OLYMPIA, EAST KILBRIDE G74 1LX Premier Design Associates, 26 Howard Court, East Kilbride CONSTRUCTION OF TWO STOREY BUILDING, INCORPORATING TWO BARS AND BETTING SHOP ON GROUND FLOOR, DISCOTHEQUE AND CLUB ROOM ON FIRST FLOOR 245 BRANDON STREET, MOTHERWELL, LANARKSHIRE ML1 1RS

11 275583 656738

SPL/B/12/25( 179)/GMcWAB

No recent site history

Land with Unclassified Development Potential, Southern Area Local Plan (Finalised Draft)

No

West of Scotland Water Authority, The Coal Authority, British Telecom, Scottish Power, British Gas Transco Railtrack

Four letters of objection

Trus application seeks outline planning permission for the construction of a two storey building incorporating two bars and betting shop at ground floor level and a discotheque and club room on the upper level at 245 Brandon Street, Motherwell. The site was formerly occupied by County Bingo and is presently vacant. Details of the consultation responses and representations received and my observations on the planning issues affecting this application are included in the accompanying report.

i !f kr NORTH

@ !. LANARKSHIRE COUNCIL

Planning Application No. S/99/0031 I /OUT Construction of Two Storey Building, Incorporating Two Bars and Betting Shop on Ground Floor, Discotheque and Club Room on First Floor 245 Brandon Street, Motherwell * Location of Objectors

Reprod-d !rem vie OIdnansc Suww mrppiw Wdh me pmww of me CDntmliei of hcr ~ a i n w s Strtiony Omce.@Crwm coppQhl, Ucauthoikcd repmduclmn In!rngss Crown UIWWhl and may i w a to pmsewtmn O ~ C N ~ I p r o s c a a w

,

A Produced by

Sourncm DRliYen 303 Brandon Sweet MOTHERWELL ML1 1RS

Dcp~mcnto!PlvlninaandEnvironmcnt

Telephone 01695 302100 Fpx. 01698 3021012 1:1250 OS L ~ C ~ C C LA O9M1L

43

RECOMMENDATION

Grant, subject to the following conditions:-

1. 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; (8) the provision for loading and unloading of all goods vehicles; (h) the provision of drainage works; (i) the disposal of sewage.

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

2.

3.

4.

5 .

That before 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 generalities of condition 1 the detailed design and materials of the frontage of the building shall blend harmoniously with the traditional building form which predominates in the area, in particular the materials to be used on the frontage shall be of stone or a stone type material.

Reason: In the interests of visual amenity.

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.


44

6 .

7 .

That before development starts, details of a scheme, which provides sufficient space within the curtilage of the application site for:- (a) the parking and manoeuvring of cars; (b) the loading and unloading of service vehicles, and (c) the provision of turning areas so that all vehicles enter and leave the site in fonvard gear shall be submitted to and approved in Writing by the Planning Authority, including any modifications as may be required.

Reason: In the interests of traffic and pedestrian safety.

That a visibility splay of 4.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehcular access and before the development hereby permitted is brought into use, everythmg 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.


8. That notwithstanding the generalities of condition 7 the bus shelter shall be moved outwith the visibility splay to the satisfaction of the Planning Authority.


9.

10.

That notwithstanding the generalities of condition 1 above, full details shall be submitted to the Planning Authority along with any reserved matters application for;

(a) the design, siting and access arrangements for any external bin storage (b) the design, siting and access arrangements for all service/delivery arrangements to any

site building (c) the design and position of any site floodlight arrangements (d) the design and positioning of any external plant and equipment including flues,

extractors and gas and electricity equipment. e Reason: In the interests of the residential amenities of the general area.

That before the development is brought into use, details of all noise attenuation measures to be included in the building, and designed to a standard to ensure that the development does not adversely affect nearby residential properties, shall be submitted to and approved in Writing by the Planning Authority, including any modifications as may be required.

Reason: To ensure that adequate sound insulation is incorporated.

45

11. That the details of any noise insulation measures approved under condition 10 above, shall be hlly installed to the complete satisfaction of the Planning Authority prior to the development hereby permitted being brought into use.

Reason: To ensure that adequate sound insulation is incorporated.

12. That notwithstanding the generalities of condition 1 details of a scheme for the erection of a 1.8 metre high concrete post and weldmesh fence along the boundary marked BROWN on the approved plans shall be submitted to the Planning Authority, including any modifications as may be required.

Reason: In the interest of traffic and pedestrian safety.


Application form and accompanying plans registered 25/3/99 Southern Area Local Plan (Finalised Draft) Letter dated 22/3/99 from First Engineering Letter dated 13/4/99 from Scottish Power Letter dated 14/4/99 from British Gas Transco Letter dated 15/4/99 from West of Scotland Water Letter dated 19/4/99 from British Telecom Letter dated 21/4/99 from The Coal Authority Letter dated 7/4/99 from John Danskin, 9 Menteith Court, Motherwell Letter dated 14/4/99 from Wrights Solicitors and Estate Agents on behalf of Mr M Ross, Brandon Bar, Brandon Street, Motherwell Letter dated 30/4/99 from Bucknall Austin on behalf of client not named Fax dated 28/5/99 from Julian P. Kemble, Kemble Estates Limited, Grove House, 55 Brampton Grove, London

Any person wishing to inspect the above background papers should telephone Motherwell 302139 and ask for Gwen McKillop.

46

APPLICATION NO. S/99/003 1 I/OUT

REPORT

1 .o

1.1

1.2

2.0

2.1

2.2

3.0

3.1

APPLICATION SITE AND PROPOSAL

This outline application relates to the construction of a two storey building, incorporating two bars and betting shop at ground floor level and a discotheque and club room on the upper level at 245 Brandon Street, Motherwell. The site was formerly occupied by County Bingo, however the building was demolished and the site has been vacant for the past two years.

The site is bounded by Cavoc, a charitable organisation and the Motherwell EU Congregational Church to the north west. To the north east the site is bounded by the Glasgow to London West Coast Main Railway Line and to the south east by Railtrack’s depot and a public car park. To the south west the site is bounded by Brandon Street.

CONSULTATIONS

British Gas Transco, West of Scotland Water, The Coal Authority, Scottish Power and British Telecom have no objections to the proposed development.

First Engineering, on behalf of Railtrack has no objections in principle to the proposal subject to the safe development of the site and the erection of a 1.8 metre hgh concrete post and weldmesh fence along the site’s north eastern boundary.

REPRESENTATIONS

Four letters of objection have been received in relation to this application based on the following grounds:

The proposed development would cause additional noise pollution and nuisance at unsocial hours. This would be detrimental to the amenity of the area.

It would not be environmentally friendly

This proposal is not required. The locality is already adequately served by a Bookmakers and licensed premises.

Consideration has not been given to the quality of life of residents who have been encouraged to move back to the town centre.

The proposed development would make a severe impact on the amenity of the locality. Off-street parking is at a premium and the proposal would lead to more on-street parking.

If this proposal is allowed to proceed a large site near the town centre would no longer be available for any alternative uses which might be of inore benefit to the Community.

The proposed development would be detrimental to the economic viability of existing nearby licensed premises.

47

(h) Two new vehcular accesses would be created and the type of heavy delivery vehicles which would serve the proposal would have a detrimental effect on pedestrian safety and traffic circulation on Brandon Street.

4.0 PLANNING OBSERVATIONS

4.1 The application site is identified in the Southern Area Local Plan (Finalised Draft) as Land with Unclassified Development Potential under policy ENV3 Vacant and Derelict Land. This policy implements the Council’s aim to encourage the appropriate reuse of vacant and derelict sites within the urban area.

4.2 AIthough the proposed development would lie outwith the Motherwell Town Centre as designated within the local plan the site is designated as a Village, Neighbourhood and Secondary Commercial Area. The types of entertainment and leisure uses proposed for this site are generally acceptable in Secondaq Commercial Areas provided that they are compatible with surrounding land uses. The site is located close to a number of retail outlets, offices, bars and cafes and is therefore considered an acceptable use for the site.

The application site lies close to a number of residential properties. To some extent, residents in this area are already accustomed to a certain level of noise and disturbance, caused by traffic using this A class road to and from Motherwell and from a number of nearby licensed premises.

4.3 9

4.4 It must be acknowledged however that the proposal has the potential to create a source of additional noise disturbance, particularly during the evening hours. To some extent, such problems may be addressed under the licensing regulations, where scope exists to restrict opening hours taking into account the proximity of residential property. If planning permission is granted, however I would recommend that it is subject to the conditions that the applicant assess the likely impact, if any of noise, arising from the proposed development and that details of any noise mitigation such as building design and equipment used are submitted for appraisal.

4.5 The proposed development would bring back into use a vacant site. The redevelopment of this brownfield site is therefore considered to be sustainable development.

4.6 The.objectors’ concern that the locality is already well served by a Bookmakers and licensed premises is noted. This however does not constitute a valid planning permission.

The application site is located within a Village, Neighbourhood and Secondary Commercial Area and is a preferred location for applications of this type. Consideration however must be given to the quality of life of residents who live within the area. Notwithstanding the proposed layout submitted it is recommended that if planning permission is granted, conditions are imposed to ensure the resulting building and associated servicing and parking areas are designed in a satisfactory manner.

4.7 ..

4.8 The location of the application site is adjacent to a public car park and is nearby to the public car park in Oakfield Place. Whilst these car parks are well used during business hours they are largely under utilised during evening hours when the proposed development would be at its busiest. Furthermore the site is located within a Secondary Commercial Area, adjacent to Motherwell Town Centre. Car parking is well provided for and is considered to be at a level to meet the demands of a development of this type.

48

4.9 The applicant however has indicated an area for car parking within the site and if planning permission is granted it is recommended that notwithstanding the proposed layout submitted conditions are imposed to ensure the provision of adequate staff parking.

4.10 The objectors’ concern that a large site near the town centre would no longer be available for any alternative uses is noted. The application site however, is located within a Village, Neighbourhood and Secondary Commercial Area and the proposed development is considered to be an acceptable use of thls site.

4.1 1 The objectors’ concern that the proposed development would be detrimental to the economic viability of existing nearby licensed premises is noted. This, however is not a valid planning consideration.

4.12 The applicant proposes to use two access points into the site, an entrance and an exit. These accesses would utilise the two used by the former County Bingo. A bus shelter is located between these two points and at present is w i b n the visibility splay of these accesses. Scope is available to move the shelter back to be outwith the visibility splay of these points and it is recommended that if planning permission is granted it is subject to conditions to ensure this is carried out.

4.13 The two access points however infringe at either end of the bus bay and there is no scope available for it to be moved. Although the access points are not totally clear of the bus bay, these points have already been established and were used by the former County Bingo buildmg. It is therefore considered that their use had already been secured.

4.14 Whilst records indicate that the application site was formerly occupied by County Bingo it is considered that a history of past usage should be ascertained from the applicant. A site investigation may be required to ascertain soil and ground conditions of the site, and remedial action implemented as a result. It is therefore recommended that if planning permission is granted it is subject to the imposition of conditions to ensure this work is carried out if necessary.

4.15 The application site is located within an area of Motherwell that contains several traditional tenemental sandstone properties. It is therefore recommended that if planning permission is granted careful consideration should be given to the detailed design and use of materials on the frontage and it is recommended that this is subject to a condition to ensure that this is carried out.

5.0 CONCLUSION

5.1 The proposed use of this vacant site is considered to be in keeping with the policies of the relevant local plan for the area, in which the site is zoned as a Secondary Commercial Area.

5.2 The concerns of the objectors are acknowledged. However, having examined the proposal in light of the above concerns, I am of the opinion that these issues may be adequately addressed, through the imposition of planning conditions, if planning permission is granted. Furthermore the proposed development would also require the submission of an additional detailed planning application. The opportunity may be taken at that stage to further control the form and layout of the future development in order to ensure that both the design and impact of the proposal on the surrounding land uses are adequately controlled.

49

5.3 Having taken the above factors into consideration it is considered that the proposed development represents a suitable use for this vacant and prominent site and with appropriate conditions recommend that outline planning permission is granted.

50

Date: 23 June 1999

NORTH LANARKSHIRE COUNCIL

REPORT

Ref: S/PL/B/12/25(179)/GMcK

Subject: SUPPLEMENTARY REPORT: PLANNING APPLICATION NO. S/99/0031 l/OUT CONSTRUCTION OF TWO STOREY BUILDING, INCORPORATING TWO BARS AND BETTING SHOP ON GROUND FLOOR, DISCOTHEQUE AND CLUB ROOM ON FIRST FLOOR AT 245 BRANDON STREET, MOTHERWELL

Pumose of Report

1. This report is to advise the Committee that five additional representations have been received in e- relation to this application following the preparation of my Committee report.

Background

2. The issues contained within these letters relate to loss of amenity, on and off street car parking, nuisance, and the lack of need for an establishment of this type. These aspects have been examined in my initial report. Two additional grounds of objection however have been raised and these are detailed below:

(1) The proposed development would dwarf 243 Brandon Street and would have a detrimental effect on it’s value.

(2) Residents living nearby would not be safe.

Main Report

3. The applicant has indicated that if he is successful in gaining outline planning permission it is his . intention to apply for detailed consent to build a two storey building. Whilst 243 Brandon Street is 1% storeys in height, the application site is located within an area with a number of 2-3 storey buildings nearby. It is therefore considered that if planning permission is granted a two storey building would be acceptable in terms of scale within the area.

a 4. The concern that the proposal would be detrimental to the value of 243 Brandon Street is noted.

This, however is not a valid planning consideration.

5. The application site is designated within the Local Plan as a Secondary Commercial Area and is located close to a number of other licensed premises. Whilst the objector’s concern regarding the safety of local residents is noted, this proposal would not introduce a commercial activity into a previously homogenous residential location and is considered to be an acceptable use.

Recommendation/

BRANDON1.DOC

51

2.

Recommendation

6. Committee are asked to agree to the recommendation of my initial report and to grant outline planning consent.

I G Lawson ACTING DIRECTOR OF PLA.NNNG AND ENVIRONMENT

Date:- 16 June 1999 a For further information please contact: Gwen McKillop on Tel: 01698 302139.


Letter dated 10/6/99 from Julian P Kemble, Kemble Estates Limited, Grove House, 55 Brampton Grove, London Letter dated 13/6/99 from David Brown, 281 Brandon Street, Motherwell Letter dated 13/6/99 from Euphemia Sym, 277 Brandon Street, Motherwell Letter dated 13/6/99 from Alexander Sym, 285 Brandon Street, Motherwell Letter dated 13/6/99 from Andrea Hunter, 279 Brandon Street, Motherwell

BRANDON1.DOC

52




File Reference

Site History

Development Plan


CONSULTATIONS


REPRESENTATIONS

Neighbours Newspaper Advertisement

COMMENTS

S/99/00402/FUL 3 1st March 1998 TAYLOR HOMES (SCOTLAND) LTD, UNIT 3, WOODHALL ROAD, WlSHAW W.H. Dickie, 77 Hamilton Road, Motherwell, ML1 3DG CONSTRUCTION OF 3 TWO STOREY DWELLINGHOUSES SITE OF EX SHOTTS BAPTIST CHURCH, STATION ROAD, SHOTTS

20

S/PL/B/ 1 716 1 /GL/JM

January 1999 Planning permission granted for the construction of two dwellinghouses

Mixed Use on Shotts Local Plan

No

West of Scotland Water

Six letters of Objection

Not Required

The applicants propose to erect 3 two storey dwellings on the site of the former Baptist Church on Station Road, Shotts and to the rear of two dwellings already under construction at the front of the site. Six neighbours have objected to the proposal, raising concerns about the proposals being altered, access arrangements, boundaries and water emanating from the site. These concerns have been addressed or resolved to my satisfaction and as there are no objections to the siting and design of the proposed houses, it is my recommendation that planning permission be granted for this proposal.

RECOMMENDATION


~

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and may ibm 10 pmysulan or swii pmae6inp. ~

A Produced by Ocpurmant o! Planning and Environment

PLANNING APPLICATION NO: S/99/00402FUL CONSTRUCTION OF 3 TWO STOREY DWELLINGHOUSES SITE OF EX BAPTIST CHURCH, STATION ROAD, S H O T S

soumrmsrn hviuon 303 armden Sued MOTHERWELL MLl IRS

Telephone 01698 302100 FM. 01898 302101 * LOCATION OF OBJECTORS OS~SL"CCL409041L

54

1.

2.

3.

4.

5.

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


That before any of the dwellinghouses hereby permitted on the approved plans are occupied, a 2 metre high screen fence shall be erected along the boundaries marked ORANGE on the approved plans.

Reason: To safeguard the residential amenity of the area.

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

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

That no dwellinghouse shall be occupied until the access roads leading thereto from the existing public road have been constructed to sealed base course level.

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

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

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

6.

7.

8 .

That before each of the dwellinghouses, hereby permitted is occupied a driveway of at least 10 metres in length shall be provided within the curtilage of the plot.


That before the development hereby permitted is occupied, the existing access, marked BROWN on the approved plans, shall be closed off and all vehicular access to the development site hereby permitted shall be via Station Road.


That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, any garages built within the curtilage of any of the dwellinghouses hereby permitted shall be finished in materials which match those used on the existing dwellinghouse.


55

9. That notwithstanding the provisions of Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls, or other means of enclosure, shall be erected between the front of the dwellinghouse hereby permitted and the adjoining road.



Application Form and Plans submitted on 3 1/3/99 Amended Plans submitted on 11/5/99 Confirmation of Neighbour Renotification submitted on 25/5/99 Shotts Local Plan & Finalised Draft Southern Area Local Plan Letters from West of Scotland Water dated 15/4/99 and 1/6/99 Letter from Mr & Mrs Moore received on 29/4/99 Letter from Mr & Mrs McKendrick received on 29/4/99 Letter from Mr & Mrs Robertson received on 28/4/99 Letter from Linda Duddy received on 27/4/99 Letter from Mrs Stevenson received on 28/4/99 Letter from Agnes Allison received on 29/4/99

Any person wishing to inspect the above background papers should telephone Motherwell 302 104 and ask for Mr Laing.

56

APPLICATION No. S/99/00402/FUL

REPORT

APPLICATION SITE AND PROPOSAL

The application site comprises the rear portion of the site of the demolished Baptist Church at Station Road, Shotts, the front part of the site having already been developed for two dwellinghouses. To the west of the site is an area of vacant ground at the rear of the Masonic Hall, to the south are a number of terraced houses, on Currieside Avenue, and to the east is a private garage court and a further row of terraced houses.

The site slopes downwards from Station Road before levelling out at the bottom towards Currieside Avenue where the site lies either level with, or 0.5 metres approximately above the rear gardens of the existing two storey houses on Currieside Avenue.

The proposal is to erect 3 two storey houses served by a private access road from Station Road, which is already used by the two dwellings under construction on the front part of the site (Plots 1 & 2). The first proposed house (Plot 3) would be located to the rear of the site, side on to the garage court and backing on to the houses on Currieside Avenue, the second house (Plot 4) would also be at the rear of the site, next to Plot 3 but at an angle to fit the house into the corner of the site, while the third house (Plot 5) would back onto the western boundary of the site to the north of Plot 4.

CONSULTATIONS AND OBJECTIONS

West of Scotland Water have no objections to this proposal in terms of the provision of sewerage facilities and a potable water supply. There have, however, been objections from neighbours of the site, regarding water which has been emanating from the site, running through the private garage court and into Currieside Avenue. Following tests, carried out by West of Scotland Water, it was confirmed that the water was not mains water and was not, therefore, the responsibility of the water authority. The applicants have since installed additional drainage around the two dwellinghouses currently under construction which would appear to have resolved the problem, although the source of the water has not been identified. Should the problem re-occur it would be the responsibility of the land owner to resolve the situation and ensure no damage is caused to neighbouring properties.

The further grounds for objection and my comments on them are as follows:-

(1) the proposals were altered from bungalows to two storey dwellings without neighbour re-notification being carried out.

Comment - the amended proposals were not received until after these objections were submitted and the applicant carried out full re-notification of all neighbours.

(2) the site would be accessed from the private garage court.

57

Comment - the proposals show no access from this point and a planning condition could be used to ensure the only access is from Station Road.

(3 ) the applicants took entry to the garage court to make a connection to West of Scotland Water apparatus, for their current development on the site.

Comment - North Lanarkshire Council is not the controlling authority in these matters, which would appear to be the responsibility of the land owners to resolve with the applicant.

(4) the applicants may change the boundaries of the site.

Comment - the physical boundaries proposed by the applicants appear to follow the line of the existing physical boundaries, although this does not infer that they are the boundaries of the applicants, legal title.

3. OBSERVATIONS AND CONCLUSIONS

3.1 As outlined above, the objections would not appear not to be related to the principle of the development, or even specific design matters, but to legal matters, outwith the control of the Council or matters which have been, or could easily be, resolved. The principle of residential development having already been accepted on the site, it is the design and layout of the proposed dwellings which must be assessed when considering the acceptability of this particular proposal.

e

3.2 The design of the houses, two storey dwellings, compliments the nature of the surroundings, with all of the houses on Currieside Avenue being two storey, some of which are constructed on a similar slope to that on the application site. Plots 3 and 4 at the rear of the site meet current requirements on garden depths, resulting in no privacy implications, and have rear gardens in excess of current size requirements. Plot 5 has a substandard rear garden depth and size although it has a larger side garden and, as the ground to the rear is vacant, there are no overriding reasons not to accept the shorter than normal garden. A turning facility and private driveways of the required length are proposed, leading off the shared surface private access from Station Road.

In light of my comments on design, and in taking account of the objections to this proposal, I am of the opinion that this proposal should be granted planning permission subject to suitable conditions.

3.3

58

Application No. s/99/0043 2EUL Date registered 7 April 1999 APPLICANT ASHTEAD PLANT M E CO. LTD., ASHTEAD HOUSE, BUSINESS

PARK 8, BAFWETT WOOD LANE, LEATHERHEAD, SURREY KT22 7DG John Banks & Co., PO Box 16, Sevenoakes, Kent TN14 5JW EXTENSION TO EXISTING BUILDING AND YARD

Agent DEVELOPMENT LOCATION MAIN STREET, NEWMAINS


File Reference S/PL/B/3 /82/JL/AB

Site History No site history

Development Plan Greenbelt on Southern Area Local Plan - Finalised Draft


CONSULTATIONS


SEPA, West of Scotland Water

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS Planning consent is hereby sought for an extension to an existing building and yard at Main Street, Newmains. The applicants have an established business use at this location involving plant hire and now wish to expand their operations in the form of a 343 mz workshop extension and extended service yard. Whilst this proposal is generally considered acceptable, the application will afford the Council the opportunity to impose conditions on the applicant to improve site access arrangements at it’s connection with the A73, including the construction of an acceleration lane for vehicles leaving the site. There are no other issues involved in the application, I therefore recommend that planning consent is granted subject to appropriate conditions.

60

RECOMMENDATION Grant, subject to the following conditions:-



2.

3.

4.

5

6.

That before the extension and yard hereby permitted are brought into use, the 2.4 metre high palisade fence shall be erected in accordance with the approved plans.

Reason: To define the use of the land.

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

Reason: To ensure that the materials match existing building.

That no trees within the area hatched GREEN on the approved plan 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 the interests of visual amenity and to preserve the character of the rural area.

That a visibility splay of 4.5 metres by 225 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed or brought into use, 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.

e

Reason: In the interests of traffic safety.

That before the development hereby approved is brought into use, the existing site access to the A73 shall be widened to 7.3 metres with 10.5 metre corner radii with a suitably sized acceleration lane as indicated BLUE on the approved plans.

Reason: In the interests of traffic safety.

61

7 .

8.

That before the development hereby permitted starts, full details of the site access improvements as specified in condition 6 (above) shall be submitted to and approved by the Planning Authority.

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

That before the development starts, a certificate from a recognised firm of chartered engineers shall be submitted to the Planning Authority confirming the mineral stability of the site.

Reason: To ensure the mineral stability of the area.

0 List of Background Papers

Application form and plans dated 7/4/99 Letter dated 16/4/99 from John B d e s and Co. Southern Area Local Plan - Finalised Draft Letter dated 13/4/99 from West of Scotland Water Letter dated 26/4/99 from SEPA

Any person wishing to inspect the above background papers should telephone Motherwell 302142 and ask for Mr Lennon.

62

Application No. si9910045 5RUL Date registered 13 April 1999 APPLICANT GEEST BANANAS LTD., P.O. BOX 154, THE WINDWOOD

TERMINAL, HERBERT WALKER AVENUE, SOUTHAMPTON SO15 1AJ Lambert Smith Hampton, Aquilla House, St. Giles Terrace, Northampton NNl 2BN EXTENSION TO EXISTING BANANA IUPENING CENTRE GARRION BRIDGE, WISHAW ML2 ORR

Agent

DEVELOPMENT LOCATION

Ward No. 15 Grid Reference 279496 65 1099

File Reference S/PL/Bl2143IAM/AB

Site History 494183 Consent granted for erection of a food packaginglprocessing depot 273190 Extension to depot - granted

Development Plan Southern Area Local Plan - Finalised Draft

Contrary to Development Plan Yes

CONSULTATIONS


West of Scotland Water, Coal Authority

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS This application is for an extension to the existing banana ripening centre currently operated by Geest plc. The current building was constructed in the mid 1980’s and extended in 1990. The current proposal is a further extension of 8.56 sq m adding an additional 10% to existing floor area.

Although the proposed development is in the Green Belt extensions to existing uses are allowable to prevent economic blight. No objections have been received.

64




2.

3.

4.


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

That before the development hereby permitted is completed, a total of 33 off-street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.

0


That a visibility splay of 4.5 metres by 210 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, 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.



Application form and plans dated 13 April 1999 Southern Area Local Plan - Finalised Draft The Coal Authority West of Scotland Water

Any person wishing to inspect the above background papers should telephone Motherwell 302093 and ask for Alistair Maclean.

65

Application No. S/99/00544/FUL Date registered 26 April 1999 APPLICANT Agent DEVELOPMENT

LOCATION

SAM M E , 5 EAST HAMILTON STREET, WISHAW ML2 8BL

RENEWAL OF CONSENT FOR CHANGE OF USE OF GARAGE AND BACKYARD TO CAR REPAIR PREMISES 5 EAST HAMILTON STREET, WISHAW

Ward No. 8 Grid Reference 279763 654809

File Reference SRL/B/10/37( 185)/GMcWAB

Site History Planning permission granted for change of use from builders yard to premises for retail car sales in November 1981 (App. No. 270/81) (expired 3 1/10/83) Planning permission granted to Charles Allen Reid for change of use of builders yard and workshop for light engineering and manufacturing in March 1988 (App. No. 445/87) (personal consent only) Planning permission granted to Mr and Mrs J MacMillan for change of use of builders yard to parcel delivery depot in September 1988 (App. No. 3 14/88) (personal consent only) Planning permission granted for change of use from depot to private residential garage in February, 1991 (App. No. 550/90) (not implemented) Planning permission granted for change of use of garage and backyard to car repair premises in June, 1994 (App. No. 82/94) (temporary consent, expired 1/6/96)

Development Plan Established Housing Area, Southern Area Local Plan (Finalised Draft)


CONSULTATIONS


Health and Safety Executive

REPRESENTATIONS

Neighbours Newspaper Advertisement Two letters of objection

COMMENTS This application seeks permission for a renewal of consent for change of use from garage and backyard to car repair premises at 5 East Hamilton Street, Wishaw. After consultation no objections were received. Two

I '*'*r NORTH @ LANARKSHIRE .-Le. COUNCIL

Planning Application No. S/99/00544/FUL Renewal of Consent for Change of Use of Garage and Backyard to Car Repair Premises 5 East Hamilton Street, Wishaw * Location of Objectors

Repmdwd lmm me Ordnance swey mapping mfh me permrrw~nollhc Con1mlbio! hct MalerNs S U l m y ONee GCrarn sopyrohl UIUUlhomed rtpmEudlen InhingLI Cmwn 50wnghl ans may lead 10 pm6CcUlmn or c ~ i l pmceedmgs

A Produced by I ~epilnment of PI^ ng and Environment

sournern D I W ~ ' 303 Blandon Street MOTHERWELL 1 M L l l R S

~ Telephone 01695302100 Fax 01698 3021012 1 1250 OS beence LA 09041L

67

letters of objection however have been received from adjoining neighbours and are detailed in my accompanying report. The application site has a long history of commercial use and this proposal has been in operation for five years without complaint. It is therefore recommended that permission is granted for an additional temporary period, subject to conditions.


1. That the permission hereby granted shall enure solely for the benefit of Samuel Rae.

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

2. e

3.

4.

5 .

6 .

That the use of the premises hereby authorised shall only be operated by the occupier of no. 5 East Hamilton Street, Wishaw and by no other person.


That operations on the site, for which planning permission is hereby granted, shall take place only between the hours of 8.00 am and 6.00 pm on Monday to Friday and 8.00 am to 1 .OO pm on Saturday.

Reason: To safeguard the amenity of the adjoining residential area.

That the area hatched in GREEN on the approved plans shall be used only for the storage of vehicles and for no other purpose.


That all operations and processes relating to the use that is hereby granted permission, other than the storage of vehicles, shall be carried out solely within the confines of the existing garage/workshop at the application site.


That the permission hereby granted is for a temporary period only and shall expire on 23rd June 2001.


68

7 . That the area hatched in YELLOW on the approved plans shall be kept clear of obstruction at all times.



Application form and accompanying plans registered 26/4/99 Southern Area Local Plan (Finalised Draft) Letter dated 1/6/99 from the Health and Safety Executive Letter dated 29/4/99 from Laura Byrne, 7 East Hamilton Street, Wishaw Letter dated 8/5/99 from Mrs I Syme, 13 East Hamilton Street, Wishaw

Any person wishing to inspect the above background papers should telephone Motherwell 302 139 and ask for Gwen McKillop.

69

PLANNING APPLICATION NO. S/99/00544/FUL

REPORT

1. SITE AND PROPOSAL

1.1 The application site comprises the driveway and backyard at 5 East Hamilton Street, Wishaw. The site is on the edge of an established residential area and is bounded to the north and east by Wishaw Academy Primary School, a printing business and Wishaw Police Station. To the south and west of the application site are residential properties.

1.2 The application site extends to approximately 530 square metres and includes the former rear garden ground of the adjoining semi-detached property of 7 East Hamilton Street. At the north of the site is a garage/workshop building, 152 square metres in size. The site has a dropped kerb access from East Hamilton Street.

0 1.3 In the last 18 years there have been four planning consents for various commercial uses at the property including this use. Prior to these the application site had been used for a number of years as a builder’s yard. Temporary consent was granted for this proposal in 1994 and expired in June 1996. This matter was recently brought to my department’s attention after a complaint was received from an adjoining neighbour and I have been informed by the applicant that he thought that he had received full planning permission. The applicant now seeks to renew his consent to operate a car body repairs, tyre and exhaust fitting and servicing business at the site.

2. CONSULTATIONS

2.1 After consultation the Health and Safety Executive had no objection to the proposal.

3 . REPRESENTATIONS

3.1 Two letters of objection have been received in relation to this application based on the following grounds:

(a) Noise pollution is a problem, especially at weekends. No. 7 East Hamilton Street is also regularly disturbed by the yard’s floodlights.

(b) The footpath is often obstructed by vehicles and is a danger to pedestrians.

(c) This business is not appropriate within a residential area.

(d) The applicant is using the premises as a breakers yard.

(e) Viewed from the rear bedroom window of no. 7 East Hamilton Street (and future living quarters as per planning approval S/98/01141/FUL), the premises are an eyesore and detract from the value of this property.

(f) The owner of no. 7 East Hamilton Street has title to a one metre strip of ground around this property and the applicant continually stores hazardous material within this area.

70

4. OBSERVATIONS

4.1 The application site has a history of commercial use. Prior to the site’s initial consent for this use there have been three planning consents for various commercial uses over the past 18 years. These relate to changes of use to retail car sales, in November 198 1, to light engineering and manufacturing in March 1988 and to a parcel delivery depot in September 1988. Given the history of the application site, it is clear that the proposal would continue commercial activity at this location which has had the benefit of operating from this site since 1994.

4.2 The activities associated with a car repairs business however have the potential to detrimentally affect the amenity of neighbouring properties to a significant degree. The affects of a car repairs operation which give most concern are noise, fumes and additional on-street parking.

4.3 Temporary planning consent was granted for this proposal in 1994 on the basis that all activities which give rise to the creation of noise and fumes are confined to the applicant’s workshop, thereby minimising the proposal’s impact on the surrounding area. Whilst two letters of objection have been received recently in relation to this application regarding these issues, no other letters or complaints have been received by this department either within Planning or Environmental Services during the five year period this business has been in operation.

4.4 There is a large area of hard-surfaced yardspace at the site extending to approximately 280 square metres. This area is considered to be large enough to accommodate a storage area for vehicles awaiting work to be carried out within the workshop.

4.5 One objector has stated however that the footpath has been obstructed in the past by vehicles using the premises. It is therefore considered that if planning permission is again granted it is subject to a condition that the entrance to the premises is kept clear of obstruction at all times.

4.6 The objector’s complaint that the applicant is using the site as a breakers yard is noted. Apart from this recent complaint however, or from any site visit, there has been no evidence to confirm that the applicant has been using his yard in this way. The objectors concern however is valid and if planning permission is granted the site requires to be monitored.

4.7 As detailed above the application site has a long history of commercial use. Furthermore it adjoins two other non-residential premises, a local printing business and Wishaw Police Station all of which can be viewed from the rear bedroom window of no. 7 East Hamilton Street. Whilst the objector’s concern that the premises are detrimental to the visual amenity of her property is appreciated, it can be argued that the applicant is not proposing to introduce a commercial activity into a previously homogenous residential location and with recent planning approval for a rear extension at 7 East Hamilton Street, it is the objector’s own choice as to the utilisation of her dwellinghouse. Any detraction in the value of no. 7 East Hamilton Street is not a planning consideration.

71

4.8 The objector’s complaint that she is regularly disturbed by floodlighting is noted. This is the first complaint my department has received with regard to this matter. It is therefore considered that if consent is renewed, the condition restricting hours of operation is upheld in order to enable the Planning Authority to retain effective control and limit the ill effects of light pollution on the adjoining property.

4.9 After consultation, the Health and Safety Executive had no reason on major hazard or safety grounds for advising against the granting of planning permission for this proposal. It is therefore considered that any continuing dispute between the adjoining neighbours regarding the use of land at the application site is a civil matter and not one that can properly be taken account of through this application.

5 , CONCLUSION

5.1 Whilst the premises have been in operation for five years without complaint, two letters of 0

objection have been received in relation to this application. It is therefore considered prudent to restrict the life of any permission granted and to apply conditions to control the operation of the site to allow the business to be monitored and reviewed.

5.2 It is therefore recommended that planning permission is granted, for a period of two years and is subject to conditions which minimise the potential of the business to affect the amenity of neighbouring properties.

72

Application No. S/99/00584/AMD Date registered 30 April 1999 APPLICANT

Agent DEVELOPMENT

LOCATION 467 MERRY STREET, MOTHERWELL

M R S MARY CUTHBERTSON, 27 KIRKHILL PLACE, WISHAW ML2 ODB

AMENDMENT TO CONSENT NO. S/99/00235/FUL FOR THE PERMANENT SALE OF HOT FOOD FROM A RETAIL UNIT


File Reference S/PL/B/5/2/JL/AB

Site History Planning permission refused for change of use of lounge bar to shop (387194) 7/12/94 Appeal against the above decision was upheld by the Secretary of State on 21/6/95 Planning permission granted 16/4/97 for change of use from shop to Hot Food Carry Out and shop (expired 18/4/99) Temporary planning permission granted 7/4/99 for renewal of consent for Hot Food Carry Out and shop (expires 7/4/2001)

Development Plan Zoned residential on Southern Area Local Plan - Finalised Draft


CONSULTATIONS


REPRESENTATIONS

Neighbours No Response Newspaper Advertise men t Not Required

COMMENTS The applicant recently gained planning consent to renew a previous temporary consent for use of premises as a hot food shop at 467 Merry Street, Motherwell. The applicant, in this current application, seeks full planning consent on a permanent basis as she intends to buy the shop and requires the comfort of a permanent consent. No objections have been received from adjoining neighbours and, as stated in my previous report (April 1999), my Department has no record of any complaint from nearby property interests or other road users. In this instance, I am of the opinion that a permanent consent should be issued with a

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303 MOTHERWELL Brandon S5ed for the Permanent Sale of Hot Food from a Retail Unit 467 Merry Street, Motherwell 1.1250

MLI I R S

Telephone 01695 302100 Fax 01698 3021012

OS beencc LA 09041L

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condition restricting the hot food element of the business to its present scale.


1. That the existing access gates to the car parking facility to the rear of the development hereby permitted shall be kept open during the hours of business and kept closed at all other times to the satisfaction of the Planning Authority.

Reason: To ensure the provision of adequate parking facilities within the site to safeguard the residential amenity of the area..

2. That during the operating hours of the development hereby permitted a litter bin shall be

e' available outside the premises. This facility shall be emptied at the end of each working day.


3. That should any ventilation flue be required in association with the development hereby permitted, details of it's design, location and size shall be submitted and approved by the Planning Authority prior to its implementation.


4. That the integrity of the existing boundary fence of the car park associated with the development hereby permitted shall be maintained to the satisfaction of the Planning Authority.


5. That the permission hereby granted for the sale of hot food shall relate solely to an operation ancillary to the main use of the premises as a Class 1 retail operation as defined within Class 1 of the Town and Country (Use Classes).(Scotland) Order 1997. e Reason: To safeguard the amenity of the adjoining residential area.

6. That within one month of the date of this permission, a prominent sign shall be erected, to the satisfaction of the Planning Authority, directing all vehicular traffic to the car park at the rear.


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Application form and plan dated 3014199 Southern Area Local Plan - Finalised Draft

Any person wishing to inspect the above background papers should telephone Motherwell 302 142 and ask for Mr Lemon.

76




File Reference

Site History

Development Plan


CONSULTATIONS


REPRESENTATIONS


COMMENTS

s/99/0 05 94/FUL 14th May 1999 MR & MRS S MILLOY, 6 REGAL GROVE, SHOTTS, ML7 4AF SMS Construction, Quarry Road, Shotts, ML7 4AF EXTENSION TO DWELLINGHOUSE 6 REGAL GROVE, SHOTTS

20

SPL/l3/17/49(2 1 5)/AR/JM

None

Housing - Southern Area Local Plan (Finalised Draft 1998) Open Space - Shotts Local Plan 1983

No

One letter

Not Required

The applicants are seeking planning permission for the construction of an extension measuring 3.7 metres x 3.5 metres, forward of the front building line of the existing dwellinghouse at 6 Regal Grove, Shotts. The purpose of the extension is to create an additional bedroom. The creation of the additional bedroom requires alterations and the extension of the existing integral garage. The additional floor space will comprise solely of an integral garage.

0

One letter of representation, objecting to the proposal was received from a notified neighbour. The contents of the letter mostly relate to the original development at Regal Grove. The representations and my observations are outlined in my accompanying report.

RECOMMENDATION


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1.

2.

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



Reason: To ensure that the development hereby approved complements the existing adjoining dwellinghouse.


Application form and plans dated 14/5/99 Southern Area Local Plan (Finalised Draft 1998) Shotts Local Plan Letter from Mr & Mrs W Duffy, 8 Regal Grove, Shotts dated 9 May 1999

Any person wishing to inspect the above background papers should telephone Motherwell 3 02099 and ask for Allison Russell.

79

APPLICATION No: S/99/00594/FUL

REPORT

1. SITE AND PROPOSAL

1.1 The application site is at 6 Regal Grove, within the residential estate off Station Road, Shotts.

1.2 The property is a modern single storey detached bungalow.

1.3 The application is for an extension at the front of the building by extending the integral garage and creating an additional bedroom to the rear. Overall, the extension is just under 13 square metres (3.7 m x 3.5 m).

2. REPRESENTATIONS

2.1 One letter of representation was received from the occupiers of neighbouring 8 Regal Grove. The main crux of their comments relate to development within the estate during 1996, which has no relevance to this application. The writers object to the proposed extension on the grounds of:-

0

(1) Privacy (2) Noise (3) Overshadowing

Comments: The neighbours have not stated why they feel this application will impact upon them in terms of points 2 and 3. It has to be expected that during construction work there will be some additional noise.

8 Regal Grove will be unaffected by the extension in terms of overshadowing due to the north facing positioning of both properties. In addition, the application site is to the west ofNo 8.

a 2.2 More specifically, the neighbours are concerned about the privacy implications, as they intend enlarging their own kitchen window at sometime in the future.

Comment: The Council, as Planning Authority, has to deal with the application on the basis of the current layout of the site and neighbouring properties. At present there is a kitchen window on the ground floor gable of 8 Regal Grove which will be 8.5 metres from the proposed bedroom window.

Nos 6 and 8 Regal Grove are not parallel to each other (see location plan) and the windows will not be directly facing. The impact of the proposed bedroom window on the privacy of No. 8 will be negligible as there is a dividing fence between the two properties.

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3.

3.

3.2

3.3

Finally, it should be noted that, in this case, the creation of a window in the gable of No.6 would be permitted development, and it is only the front extension of the garage section of the house which requires permission.

PLANNING ASSESSMENT

The proposal for the extension to the dwellinghouse at 6 Regal Grove, Shotts is acceptab,s in planning terms.

The representations from the neighbours at No.8 have been given due consideration and it is concluded that their amenity will not be adversely affected.

In conclusion, I am satisfied with the design, scale and impact of the proposed front extension and alterations to 6 Regal Grove and recommend to the Committee that permission be granted.

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Application No. Date registered APPLICANT Agent DEVELOPMENT

LOCATION


File Reference

Site History

Development Plan

CONSULTATIONS

0 bj ection No Objection Conditions No Reply

REPRESENTATIONS


COMMENTS

S/99/00601/FUL 7 May 1999 MR H JAMIESON, 15 BROWNHILL VIEW, BONKLE ML2 9 0 N The Alexander Kerr Practice, 5A Stewarton Street, Wishaw ML2 8AA ERECTION OF REAR EXTENSION AND EXTERNAL ALTERATIONS 24 CHURCH ROAD, BONKLE

17 283682 656995

SPL/B/3/46( 103)/GMcWAB

No significant site history

Established Housing Area, Southern Area Local Plan (Finalised Draft)

No

West of Scotland Water Authority

One letter of objection

Not Required

This application seeks planning permission for the erection of a single storey rear extension and external alterations at 24 Church Road, Bonkle. After consultation no objections were received. One letter of objection however has been received from an adjoining neighbour and is detailed in the accompanying report. For the reasons contained in the report it is recommended that planning permission is granted.




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2.

3.

4.

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, including any modifications as may be required.


That notwithstanding the generalities of condition 2 above the built-up door shall be finished in materials to match those used on the existing building.


That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no development shall take place within the curtilage of the dwellinghouse, other than that expressly authorised by this permission.

Reason: To enable the Planning Authority to retain effective control, in order to provide satisfactory vehicular and pedestrian access facilities.

5 . That notwithstanding the generalities of condition 4 above, the area hatched GREEN on the approved plans shall be kept clear of obstruction at all times.

Reason: To enable the Planning Authority to retain effective control, in order to provide satisfactory vehicular and pedestrian access facilities.

6 .

7 .

That before the development hereby permitted starts, details of the design, location and construction of the proposed vehicular and pedestrian accesses, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To ensure satisfactory vehicular and pedestrian access facilities.

That before the development hereby permitted is completed or brought into use, a driveway shall be provided within the area hatched GREEN on the approved plans and the first 2 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material, to be approved by the Planning Authority.

Reason: To ensure satisfactory vehicular and pedestrian access facilities.

8. No site access gates shall open onto the public highway.


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9.

10.

11.

That a visibility splay of 2.5 metres by 20 metres, measured from the road channel, shall be provided to the left of the vehicular access and before the development hereby permitted is completed or brought into use, 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.


That a visibility splay of 2.5 metres by 60 metres, measured from the road channel, shall be provided to the right of the vehicular access and before the development hereby permitted is completed or brought into use, 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. e' A single vehicular access from point A on the approved plans shall be provided at all times to the application site.

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


Application form and accompanying plans registered 7/5/99 Southern Area Local Plan (Finalised Draft) Letter dated 25/5/99 from West of Scotland Water Letter dated 10/5/99 from Scott A MacAlister, 22 Church Road, Bonkle

Any person wishing to inspect the above background papers should telephone Motherwell 302 139 and ask for Gwen McKillop.

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PLANNING APPLICATION NO: S/99/0060 1 /FUL

REPORT

1 .o

1.1

1.2

e 1.3

2.0

2.1

3 .O

3.1

3.2

3.3

3.4

4.0

4.1

SITE AND PROPOSAL

This application seeks planning permission for the erection of a single storey rear extension and external alterations at 24 Church Road, Bonkle. The property forms the end terrace of a row of three dwellinghouses and is largely bounded by residential properties on all sides. Bonkle Church is located to the north east of the site.

The existing layout of this single storey property comprises of a living room, recess, bed recess, kitchen, w.c./shower room and outdoor toilet. The applicant proposes to convert the existing kitchen and w.c./shower room into a bathroom and entrance hall respectively and to construct a kitchen and bedroom at the rear. The existing entrance at the front of the property would be replaced by a window.

The existing access to the property and to no. 22 Church Road would be repositioned further east, adjacent to the site’s rear boundary.

CONSULTATIONS

After consultation the West of Scotland Water Authority had no objection in principle to this proposal.

REPRESENTATIONS

One letter of objection has been received in relation to this application from the owner of the adjoining terraced property at no. 22 Church Road, Bonkle based on grounds that the building works would be carried out on communal ground which is titled to both no. 22 and no. 24 Church Road.

The objector has indicated he has reached a verbal agreement with the owner of no 24 Church Road that involves the removal of the outside toilet and the repositioning of the existing access for sole use by no. 22 Church Road.

The objector accepts that these points are a legal concern but considers that the removal of the toilet should be incorporated within the plans submitted and is concerned that unless a formal agreement regarding the access is formed the market value of his property would be affected.

An additional point of concern was also made regarding light. As no. 20 Church Road has a similar sized extension the objector maintains that light to his bathroom window is restricted and is concerned that this proposal would have a similar adverse affect on his living room window by the creation of a ‘tunnel’ effect with building extensions on both sides.

OBSERVATIONS

The existing floor plan of the dwellinghouse is constrained due to the property’s traditional style and size. It has an informal layout. The living room contains two recess areas and includes the bedroom. The proposed extension would bring the property in line with standards expected today and is considered to be suitable both in terms of scale and design.

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4.2 The applicant proposes to erect the extension over an area of ground which forms the driveway to no. 24 and no. 22 Church Road. The applicant however proposes to move the vehicular access further east to allow access to both properties to be retained in a similar manner. Whilst the objector’s concerns regarding the site’s title restrictions are noted, vehicular access to no. 22 Church Road would be retained. It is therefore considered that in terms of planning, any agreement between the applicant and the objector over the use of the communal ground for construction purposes is a legal matter to be resolved between the two neighbouring parties.

4.3 The objector has indicated however that the access may be for his sole use. Whilst plans submitted by the applicant indicate otherwise it is considered that if planning permission is granted it should be subject to a condition to ensure that access is maintained to both properties from one single access as the location of the application property in respect of Church Road is unsuited to more than one vehicular access.

4.4 The objectors concern that the outside toilet has been incorporated as part of the plans submitted is noted. The inclusion or not of the toilet is not considered to materially affect the proposal and would similarly be a legal matter for the objector and the applicant to resolve.

4.5 With regard to sunlightldaylight, in terms of the British Research Establishment’s criteria for assessing this matter, this proposal is not considered to be detrimental to the level of sunlightldaylight presently enjoyed at no. 22 Church Road.

4.6 No. 20 Church Road has already been extended to the rear and if planning permission is granted for this proposal it would to some extent create a sense of enclosure at no. 22 Church Road. The objector however has an extended rear garden area, approximately 24 metres in depth and there are no windows within the south west elevation of the proposal. It is therefore considered that whilst the objector’s concern may have some merit, it is alleviated by the depth of garden at no. 22 Church Road and by the fact it is not overlooked.

5.0 CONCLUSION

5.1 The proposed development would modernise this property and bring it into line with modern living standards. The proposed extension is also considered to be in keeping both in terms of size and scale with this traditional property. It is therefore recommended that planning permission is granted.

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