lanarkshire council · strathclyde partnership for transport, received 5th of august 2016 play...

AGENDA ITEM No.−−North

LanarkshireCouncil

Planning Applications for considerationof Planning and Transportation Committee

Committee Date: 22 March 2017

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

APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE

22nd March 2017

Page Application No Applicant Development/SiteNo

11−22 16/0I271IPPP

23−30 16/01 925/PPP

Barratt Homes ResidentialWest Scotland development withAnd CALA associatedHomes (West) infrastructure,

landscaping andengineering works.Land To The NorthOf CumbernauldRoad And East OfHornshill Farm RoadStepps

Mr S Linn Erection ofDwellinghouse(Permission inPrinciple)Coach CloseKilsyth

31−36 16/02182/FUL

37−49 16/02234/MSC

Mrs Razia Change of Use ofAfzal Shop to Hot Food

Takeaway (8AM −5PM) and erection offlue115 High StreetNewarthillMotherwellMI−1 5JH

Bellway Erection of 155 no.Homes & Dwellinghouses andDeuchny Associated WorksProperties LLP Site East Of

Johnston Road Andlnchnook AvenueJunctionGartcosh

Recommendation

Refuse

Grant

RefuseRequest for

Hearing

Grant

(P)

(P)

50−58 16/02253/FUL

59−68 16/02281/FUL

69−75 16/0231 4/FUL

76−80 1 6/02346/FUL

Energen Installation of PlantBiogas (Combined Heat and

Power Unit) with a22m High Stack andGrid ConnectionApparatus Enclosure3 Dunnswood RoadWardparkCumbernauldG67 3EN

Clyde ValleyHousingAssociation &WilsonDevelopmentsLtd

Demolition ofExisting Building andErection of 40DwellingsSite At22 F rood StreetForgewoodMotherwellMI−1 3TA

PMHDevelopmentsLtd

Telefonica

Erection of a Storageand Distribution Unitwith Associated CarParking, ServicingAreas, Landscapingand an AttenuatedDrainage StrategySite To The West OfWoodsideEurocentralHolytown

Installation of a 21metre SlimlineLattice Mast with 3no. Antennae, 2 no.300mm Dishes,Radio EquipmentHousing andAncillaryDevelopmentWoodend FarmDullatur RoadKilsythG65 OPZ

Grant

Grant

Grant

Grant

81−85

86−91

92−96

16/02385/FUL

1 6/02405/FUL

1 7/00004/FUL

97−104 1 7/00034/AMD

Mr John Change of Use fromMcAllister Class 5 (General

Industry) to TyreRecycling Business(Sui Generis)Centrelink 5Calderhead RoadDykeheadShottsML7 4EQ

NorthLanarkshireCouncil

Change of Use fromAgricultural Land toNew Park and RideCar Park (174Parking Bays) andAssociated WorksSite South Of HarthillSouth ServicesHarthi IIShotts

Miss XiangLan Lin

Viridor Limited

Change of Use ofClass 1 RetailPremise to Class 3Hot Food Carry Out,Installation of ExtractFlue to RearElevation, Erection ofSignage and InternalAlterations40 − 48 Main StreetVillageCumbernauldGlasgowG67 2RX

Application 1:Non−compliancewith

conditions 1 & 14 ofplanning approvalref: 1 5/02537/AMD:Amend Design andScale of the FacilityIncludingIncorporation of 35mHigh Chimney StackViridor WasteManagementLangmuir WayBargeddieG69 7RW

Grant

Grant

Grant

Grant

105−110

111−117

118−130

131−137

1 7/00035/FUL

1 7/00062/PPP

1 7/00160/AMD

17/001 78/FUL

Viridor Limited Erection of aTwo−StoreyOffice

Building, AcousticFencing, RelocatedWeighbridge,Alterations to theExisting MRF Facilityand AssociatedParking, Yard,Access andEnvironmentalImprovementsViridor WasteManagementLangmuir WayBargedd ieG69 7RW

Mr Daniel Dwellinghouse (inSmith Principle)

Site To North East OfMacinnes DriveNewarthillMotherwell

Macrocom(1023) Limited

Section 42Application to ModifyPlanning ConditionsRelating toArchaeology andFinished Materialsfor Waste to HeatEnergy RecyclingFacility(1 3/02371/AMD).Site At FormerDrumshangie OCCSGreengairs RoadGreengairs

McGoldrickDevelopmentsLtd

Construction of 6Flats (Renewal ofPlanning Permission)10 Old Mill ViewCroyG65 9JB

Grant

Refuse

GrantRequest for

Hearing

Grant

138− 17/00191/FUL Ogilvie Homes Proposed Erection of Refuse (P)150 Ltd 11 No. New

Dwellings to VacantSiteSites East Of King'sDriveWesterwoodCumbernauld

(P)

16/01271/PPP If minded to grant, legal agreement required for education contribution

16/02234/MSC If minded to grant, legal agreement required for affordable housing provision

17/00191/FUL If minded to grant, legal agreement required for affordable housing provision

Application No:

16/01271 /PPP

Proposed Development:

Residential development with associated infrastructure,landscaping and engineering works in principle.

Site Address:

Land to the North of Cumbernauld Road and East of HornshillFarm RoadSteppsNorth Lanarkshire

Date Registered:

4th July 2016

Applicant:Barratt Homes West Scotland and GALA Homes(West)C/O Geddes Consulting17 Bernard StreetEdinburghScotlandEH6 6PW

Application Level:Major Application

Ward:005 StrathkelvinWilliam Hogg, Frances McGlinchey, JohnMcLaren, Brian Wallace,

Agent:Geddes ConsultingQuadrant17 Bernard StreetEdinburghUKEH6 6PW

Contrary to Development Plan:Yes

Representations:81 letter(s) of representation received.

Recommendation: Refuse

Reasoned Justification:

The proposed development is contrary to the Development Plan (Spatial DevelopmentStrategy of the Glasgow and Clyde Valley Strategic Development Plan 2012 and the NorthLanarkshire Local Plan 2012). The impact of the development is not sustainable in terms ofthe loss of open green belt land and the impact on the schools infrastructure. The applicanthas failed to demonstrate the need for additional housing land at this location to meet aperceived shortfall in housing land supply within North Lanarkshire. The applicant promotedthe site through the local development plan process and it was rejected by the Council as notmeeting the assessment criteria and as such the proposal runs counter to the plan ledapproach to development. If granted, the proposal would set an undesirable precedent forother similar inappropriate development within this pressurised housing area.

Legal Agreement

If minded to grant, planning permission should not be issued until a legal agreement has beenconcluded which allows for a financial contribution from the Council to address educationmitigation.

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Reproduced by permission of Planning Application: 161012711PPPthe Ordnance Survey on behalf Name (of applicant): Barratt Homes N A Northof HMSO. ©Crown copyright West Scotland And CALA Homes j

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and database right 2009. Allrights reserved. Ordnance (West) PA VSurvey Licence number Site Address: Land To The North Of100023396. Cumbernauld Road And East Of

Hornshill Farm RoadSteppsNorth LanarkshireDevelopment: Residentialdevelopment with associatedinfrastructure, landscaping andenaineerina works.

Recommendation: Refuse for the FollowingReasons:−The

proposed development is contrary to the Spatial Development Strategy of the Glasgowand Clyde Valley Strategic Development Plan 2012 and policies DSP1 (Amount ofDevelopment), DSP2 (Location of Development), DSP4 (Quality of Development), NBE3A(Green Belt) of the North Lanarkshire Local Plan as it is considered to be an unjustifiedincursion in to the Greenbelt. The site is not supported by the Local Plan developmentstrategy and would constitute an unacceptable form of Green Belt development. The site isincluded as part of the designated Green Belt and its development would result in the adhoc eastward expansion of the settlement of Stepps. The proposal would therefore resultin the unacceptable of loss Green Belt land and have an irreversible adverse visual impacton the open character of the site.

2. The information submitted by the applicant does not support the need for additionalhousing land at this location to meet a perceived shortfall in housing land supply withinNorth Lanarkshire. The development will also have a negative impact on the publicinfrastructure within Stepps in terms of the need to develop additional teaching spacewithin Stepps primary school and relocate existing community uses currently containedwithin the school. The proposed development therefore does not accord with theSustainable Location Assessment (as contained within Diagram 4) of the Glasgow andClyde Valley Strategic Development Plan 2012.

Background Papers:

Consultation Responses:

Scottish Environment Protection Agency, received 21s' of July 2016Scottish Natural Heritage, received 31d of August 2016Transport Scotland, received 8th of February 2017The Coal Authority, received 11th of July 2016Scottish Water, no response receivedStrathclyde Partnership for Transport, received 5th of August 2016Play Services Manager, received 1 11h of July 2016

thTraffic & Transportation Team, received 3rd of November 201 6,231d of January and 7 of March2017Learning and Leisure Services, (Education Resources) received 21st of July 2016Environmental Services, (Greenspace Development Team), received 6th of October 2016Protective Services (including Pollution Control), received 21st of July 2016

Planning and Transportation committee report of 27 th January 2016, Local Development PlanPlanning and Transportation committee report of 101h August 2016, Local Development Plan

Contact Information:

Any person wishing to inspect these documents should contact Mr Craig McIntyre at 01236 632500

Report Date:

13th of March 2017

APPLICATION NO: 161012711PPP

REPORT

Site Description

1.1 The application site extends to 14.8 hectares (36.5 acres) and mainly comprises opengrassland and some scrub woodland. It is located to the north and east of the urban area ofStepps south of Garnkirk Burn and west of the A806 link road to the M80. The site contains afarmhouse and associated farm out buildings known as Gateside Farm and two privatesemi−detached

dwellings which front onto the A80. The vehicular access to the site is currently froma substandard junction onto the A80.

2. Proposed Development

2.1 The application which is in principle proposes a new residential development accessed via anew and improved junction onto the A80. The applicant has provided an indicative layoutdemonstrating the potential capacity for 200 units split into two groupings to the north andsouth of the site linked by the main access. Drainage infrastructure in the form of a SUDspond would be installed in the south west corner of the site.

3. Applicant's Supporting Information

3.1 The applicant has provided supporting information summarised as follows:

• Pre Application Consultation Report• Planning Statement• Design Statement• Transport Assessment• Noise Impact Assessment• Air Quality Impact Assessment• Landscape and Visual Impact Assessment• Green Belt Assessment• Tree Survey and Arboricultural Constraints Report• Geo−environ mental Investigation Report• Flood Risk Assessment• Archaeological Assessment• Education Impact Assessment• Sustainability Statement• Housing Land Supply Assessment• Statement of Site Effectiveness

3.2 A Supporting Planning Statement was also received and can be summarised as follows:

Under Material Considerations' the applicant states the SDP figures confirm aminimum housing shortage within North Lanarkshire that will not be addressed due toserious short comings and non —delivery of existing zoned housing sites. TheScottish Planning Policy (SPP) guidance as to how the planning system shouldaddress delivery of new homes (identify 5 year supply of effective house land) is alsocited. The applicant concludes that the material considerations on this site outweighthe local plan policies of the North Lanarkshire Local Plan in that the site does notperform any Green Belt function and the proposed development could immediatelycontribute to the claimed housing shortfall.

4. Site History

4.1 The planning history includes the following applications received at the site location:

. 931003061PL Construction of Link Road (A806) to the M80, withdrawn

4.2 The site was assessed during the Call for Sites' Main Issues Report consultation process(site submission number 0013/05) for inclusion into the emerging Local Development Plan. Itwas considered the Green Belt site was an important part of the countryside between Steppsand Chryston and therefore failed the assessment.

5. Development Plan

5.1 This application site raises issues of a strategic and local nature and therefore must beconsidered in terms of the Strategic Development Plan and Local Plan.

5.2 The site falls under Greenbelt in the Spatial Development Strategy of the Glasgow and theClyde Valley Strategic Development Plan 2012.

5.3 The site is identified as NBE3A Greenbelt in the North Lanarkshire Local Plan (NLLP).

6. Consultations

6.1 The Coal Authority confirm no objection to the proposal as the site does not fall within thedefined Development High Risk Area

6.2 Strathclyde Passenger Transport having considered the application and have no commentswith regards to the impact on the public transport infrastructure.

6.3 Transport Scotland has considered the Transport Assessment and the impact on the trunkroad and requested that a condition limiting the capacity of the development to 200 units beattached to any consent in order to ensure the safe and efficient operation of the trunk roadnetwork.

6.4 Scottish Natural Heritage has no comments to make on the proposed development.

6.5 Scottish Environment Protection Agency (SEPA) have no objection to the proposeddevelopment on flood risk grounds. SEPA previously commented on this proposal at thepre−planning

stage, raising flooding concerns, and requested the provision of further information.Further information was provided in the form of a Flood Risk Assessment from KayaConsulting Ltd (dated April 2016). Following the agent's submission planning conditions asper SEPA's recommendation can be imposed.

6.6 NLC Traffic and Transportation raise no objection but confirm any detailed application shouldbe based on Designing Streets' with the access into the site from the A80 designed to a localdistributor road standard before transitioning to a Designing Streets layout. NLC Traffic andTransportation also requested a Street Engineering Review is undertaken to support a'Designing Streets' layout. In terms of sustainability it is noted that the site has limited accessto bus and rail services. Following concerns about the location of the proposed vehicularaccess to the site and its impact on adjacent bus lay−by's to the south of Cumbernauld Roadthe applicant provided a revised proposal which was deemed to be acceptable. However,further modifications to the proposed junction and the local distributer road (A80) may berequired as part of the prior submission of any detailed planning application.

6.7 NLC Education Resources confirm the proposed development is not included on the housingland supply list and prefer that the development did not proceed as the primary schools withinthe area would not be able to absorb the pupil product that the development would bring.Given the tight constraints on the site occupied by Stepps Primary school and cultural centre,there is limited potential to add additional infrastructure. Therefore should this development

go ahead, it is envisaged that the pragmatic way to increase that capacity of Stepps PrimarySchool would be to transfer some of the current 'community' facilities on the campus buildingand relocate the community facilities to elsewhere within the local community. This would becontrary to the building design which was created as a 'community hub'.

6.8 NLC Protective Service (Pollution Control) have no objection to the application provided thatprior any development works a Validation Report (relating to potential noise levels withinhabitable rooms facing onto Glasgow Road) and a comprehensive Site InvestigationAssessment is submitted for the Planning Authority's written approval.

6.9 NLC Play Service confirm no objection provided detailed information confirming the locationsscale and play equipment is submitted for their approval with any detailed planningapplication received.

6.10 NLC Greenspace Services advise no objection to the application provided detailed plans andmitigations proposals protecting biodiversity, birds and mammals that may be affected by theproposed development are received with any detailed planning application. NLC Greenspacealso ask that footpath connections are provided from the site to the wider area.

7. Representations

7.1 81 representations were received objecting to the proposed development, including asubmission from Stepps & District Community Council. The following provides a summary ofthe comments received:

a) The principle of development of the site is contrary to both the current North LanarkshireLocal Plan and the emerging North Lanarkshire Local Development Plan.

b) The application site is a protected Greenbelt area and the proposed development istherefore contrary to local plan policy. The land is a valuable area for recreationalactivities. There is no locational need for the proposed residential development andwould lead to urban sprawl. There are sufficient existing Brownfield sites within the areathat could accommodate the proposed development.

c) The proposed development will have an adverse impact on the surrounding road networkin terms of added congestion leading to potential road and pedestrian safety withparticular concern on the safety of children walking to nearby schools.

d) The proposed development would have a detrimental impact on the public infrastructurefacilities and local amenities of Stepps. The existing schools within the area are currentlyat capacity and would not absorb the additional pupils of the proposed residentialdwellings. The current public transport and shopping facilities serving the area isinadequate and would not be able to cope with the additional users of the proposeddevelopment

e) The erosion of the greenbelt site would be detrimental to the wildlife present in the area,would destroy the rural feel of the area and would impact negatively on the landscape.The hydrology of the adjacent Garnkirk Burn SINC will be detrimentally impacted.

f) The proposed development would lead to increased levels of pollution and noise.

g) Developing the site would lead to flooding and drainage issues.

h) The development will have an adverse effect on the existing dwellings at 188 and 190Cumbernauld Road in terms of the loss of vehicular access to the properties, loss ofprivacy, impact on drainage and flooding issues etc. and as such is contrary to policiesHCF1 and DSP 4.

8. Planning Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997,planning decisions must be made in accordance with the Development Plan unless materialconsiderations indicate otherwise.

8.2 Development Plan: The Development Plan consists of the Glasgow and the Clyde ValleyStrategic Development Plan 2012 and North Lanarkshire Local Plan. The application is ofstrategic significance due to the zoning of the site in the adopted Local Plan and indicativenumber of dwellings proposed.

8.3 The site forms part of the Greenbelt under the Spatial Development Strategy of the Glasgowand the Clyde Valley Strategic Development Plan 2012 (SOP)

8.4 The Spatial Development Strategy notes that the Green Belt is central to the sustainableplanning of the Glasgow and Clyde Valley city region and provides support to the positiveaction−orientated Green Network programme (a pro−active approach to wider environmentalimprovement throughout the plan area). In terms of the Spatial Vision of the SDP, it highlightsthat the Green Belt is an important strategic tool with a significant role to play in achieving keyenvironmental objectives by directing planned growth to the most appropriate locations, andcreating and safeguarding identity through place−setting and protecting the separationbetween communities. The SDP goes onto consider that the review of Green Belt boundariesshould be a priority of Local Development Plans so as to ensure those key environmentalobjectives are achieved.

8.5 Strategic Support Measure 10 'Housing development and local flexibility' notes that localauthorities should continue to audit their housing land supplies in light of prevailing marketconditions with a view to maintaining an appropriate five years effective housing land supplyguided by a defined sustainable location assessment, taking into account the vision of boththe SDP and local development plan. The Council accepts that there is a shortage in housingland supply within North Lanarkshire as a whole when considered against the requirements ofthe SPP and SOP, however, we would contend that there is no shortage in the CumbernauldSub Market Housing Area (SMHA). Indeed there is an oversupply of sites which has placedconsiderable pressure on the public infrastructure in this particular SMHA (see paragraph8.12 below) The Council would therefore contend that if additional housing sites are requiredto meet a perceived shortfall then they are best met in the other SMHA's within NorthLanarkshire rather than being directed to this already pressurised area.

8.6 The SDP also considers known demand and need, established in the Development Plan. It isthe position that the North Lanarkshire Local Plan identified the formal allocation of sitesthrough due process and that any remaining shortfall should be addressed throughsubsequent reviews of the Development Plan, which offers a well−considered plannedapproach. This site is not considered acceptable in planning terms for primary Green Beltreasons. The applicant has provided a supporting statement arguing the land serves nofunctioning Greenbelt role. This is not accepted for reasons outlined below in paragraphs 8.9to 8.11, 8.19 and 9.1 to 9.5.

8.7 Regarding the Sustainable Location Assessment of the development within the SOP (ascontained within Diagram 4) it is considered that this development proposal does not accordwith the spatial development strategy and does not support its spatial role or function. Interms of Diagram 4 of the SDP, it is concluded that there is no need for the site and thereforethere is no scope to suggest that this may be an acceptable departure from the SpatialDevelopment Strategy.

North Lanarkshire Local Plan (NLLP):

8.8 The North Lanarkshire Local Plan zones the site as NBE3A 'Green Belt' and not part of anyplanned land supply.

8.9 Policy DSP1 'Amount of Development' is relevant, with specific reference to Criterion B

Potential Additions to Planned Land Supplies due to the Green Belt status of the site.Additions to housing land supplies greater than certain thresholds outside identified sitesrequire to be justified by demand assessments. It is also considered that there are moreappropriate ways of considering housing land supply, that is, through the cycle of the localplan process. In response to the applicant's comments on Housing Land supply, the PlanningService would maintain that this is a strategic matter to be addressed appropriately throughthe Local Development Plan process, rather than incrementally through planning applicationsconsidered contrary to the development plan. Housing land Supply conditions will alwaysvary in time and even where there is an interim identification of short fall, this could betowards the end of a plan period with no immediate matter to be resolved. Ultimately, shortfallin housing supply is a matter for the Development Plan to address and it is noted that asubmission has been made by the applicant to that effect. As also mentioned above inparagraph 4.1, the site did not meet the Call for Sites assessment for inclusion into theemerging Local Development Plan (LDP). It should also be noted that the latest agreedHousing Land Audit is 2014. Over the effective period, 2,982 houses are programmed in theCumbernauld Housing Sub Market Area. The Private Annual Housing Requirement set out inthe Main Issues Report of the current plan cycle is 231 units, giving rise to a figure of 1617units, representing a surplus of 1365 units. This contradicts the applicant's claim of a housingland supply shortage.

8.10 Policy DSP2 'Location of Development' further considers the strategic approach todevelopment locations. Located in the Green Belt and not forming part of the strategichousing land supply (as set out in policy HCF2 'Promoting Housing Development andCommunity Facilities'), reference to Criterion B: 'a Potential addition to planned land supplies'is relevant. This states that new developments may be granted in the Green Belt, where theyare consistent with locational criteria (maintaining clearly defined urban and rural boundaries)and the associated Supplementary Planning Guidance (SPG) on Green Belt Development.However, this development more broadly fails to constitute an acceptable form of Greenbeltdevelopment, as well as being an unjustified incursion into and erosion of the Greenbeltfunction. In this respect it fails to comply with policy DSP2.

8.11 In this respect, policy NBE3 'Assessing Development in the Green Belt' is also relevant. Thisdefines acceptable forms of development in the Green Belt, including proposals necessary foragriculture, forestry, horticulture, telecommunications, renewables or appropriate outdoorrecreation. Mainstream housing, as proposed here, is inconsistent. The associated SPGoutlines the key purposes of the Green Belt as set out in Scottish Planning Policy (SPP) asincluding directing growth to the most appropriate locations, and to protect and enhance thelandscape setting and identity of towns. This proposal is considered to result in the expansionof Stepps resulting in a significant effect on the character of the area, reduces openness andis a form or urban sprawl that encroaches into the rural area that contributes to the widerGreen Belt function. The application is therefore considered to be contrary to policy NBE3'Assessing Development in the Green Belt' as well as DSP1 and 2.

8.12 Policy DSP3 (Impact of Development) assesses proposals in terms of their impact on theeconomic, social and environmental infrastructure of the Community. The comments fromEducation Resources are that given the tight constraints on the site occupied by SteppsPrimary school and cultural centre, there is limited potential to add additional infrastructure.Therefore should this development go ahead, it is envisaged that the pragmatic way toincrease that capacity of Stepps Primary School would be to transfer some of the current'community' facilities on the campus building and relocate the community facilities toelsewhere within the local community. This would be contrary to the building design whichwas created as a 'community hub'. It is anticipated that, should the planning authoritydetermine that this application be permitted, a developer contribution would be required inorder to mitigate the impact on the community campus. The monies received would berequired to build additional community facilities to replace those being reallocated to theschool in the current Stepps Primary and Cultural Centre campus. There would also beadditional infrastructure required at the St Joseph's PS campus. Given that a developer isonly expected to contribute relative to the impact of their development, it is highly unlikely thatthe contributions received from the developer would offset the costs incurred by the council toincrease education provision at the schools and create additional community facilities required

as a result. Therefore, should the planning authority be minded to grant this application, theyare encouraged to acknowledge the need for the Council to commit the required financialresources to deal with the additional community facilities which would be required. Thesecosts would not be known until expert opinion of architects (on the cost of solutions) isprovided. It is not realistic to provide this information at this time, however, costs for theproposals would be concluded before a Section 69/75 is agreed and signed. If thedevelopment was granted, and an agreement regarding contribution is reached, we wouldrequest that the developer contribution be held for 10 years following completion of the finalhouse and that the contribution would be returned thereafter if not spent on provision withinthis time. While the financial contribution towards school provision could be addressedthrough legal agreement the development as proposed would not accord with the intent ofDSP3 as it places a significant burden on the social infrastructure of the community.

8.13 Policy DSP4 (Quality of Development) states that development will only be permitted wherehigh design standards of site planning and sustainable design are achieved. Developmentsare also required to integrate successfully into the local area avoiding harm to neighbouringamenity and adverse impact on adjacent properties. The provision of roads, access andparking also requires to be assessed.

8.14 In terms of visual impact, the applicant suggests the there would be no significant landscapeor visual effects arising from the development and that the introduction of a strong landscapestructure would ensure visibility of the housing would be limited. However, I would contendthat as the proposed mitigating tree planting would not achieve the mature height for40+years from a landscape/visual aspect the development would have an adverse impact onthe setting of Stepps and does not justify departure from the requirements of development inGreenbelt land.

8.15 In terms of internal design and layout, it is accepted that a suitable layout could be achievedsubject to detailed consideration. This would include play provision requiring the submissionof further detail within the overall development in complying with current adopted standards.Similarly, in terms of infrastructure requirements, while challenges have been identified, nosubstantive reason for refusal has emerged from the consultation process. On transportationmatters, the applicant has submitted a Transportation Assessment and notwithstanding thevarious points raised by Traffic and Transportation, it is accepted that in technical terms, thedevelopment could be accommodated despite some concerns about the current levels ofpublic transport provision in the local area. As the application is in principle only, it isaccepted that final details of the access and internal layout could be considered as part of afuture application ensuring the outstanding matters identified through the consultation processare satisfactorily achieved.

8.16 The Garnkirk Burn SINC borders the site. As this is an application for planning permission inprinciple, it is accepted that this resource could be adequately protected as part of any futuredevelopment.

8.17 Due to the proximity of the site to Cumbernauld road (A80) and the motorway access road(A806), Protective Services requested a Noise Impact Assessment as part of the assessmentof this application the findings of which were considered acceptable. The main mitigationrequired is for achieving acceptable noise levels within habitable rooms facing ontoCumbernauld Road. Protective Services therefore request submission of a Validation Reportwith any application and houses are designed to alleviate noise issues.

8.18 It is accepted that drawings and additional information that would be received with anydetailed planning application would address some criteria of the policy DSP4 in terms ofimpact on amenity, road layout, flooding etc. However notwithstanding this, the developmentfails to meet other important criteria in that the development of the site would have asignificant irreversible impact on the landscape and would have an urbanising effect on thelocal environment. It is considered that the proposal would harm the character of thelandscape and visual amenity of the established greenbelt and is therefore contrary to policyDSP4.

8.19 Drawing together consideration of the North Lanarkshire Local plan, it is concluded that theproposal is contrary to policies DSP 1, DSP2, DSP4 and NBE3, for reasons relating to housingland supply and demand and unacceptable impact on the open character of the Green Belt.Accordingly, given this conclusion and the assessment of the SDP in earlier paragraphs, it isconcluded that the proposal is contrary to the Development Plan and must therefore berefused planning permission unless material considerations suggest otherwise.

9. Material Considerations

Scottish Planning Policy (SPP)

9.1 SPP provides general principles by which Scottish planning policy and other land use mattersshould be assessed. The purposes of Green Belts include directing growth to the mostappropriate locations and to protect and enhance the quality, character, landscape setting andidentity of towns. It notes that Green Belt designation should provide clarity and certainty onwhere development will and will not take place. The Council has expressly defined Green Beltboundaries within the North Lanarkshire Local Plan and has very clear related policies onacceptable Green Belt proposals. The nature and extent of the development proposed here iscontrary to those policies and therefore, the SPP.

9.2 SPP indicates that where a proposal would not normally be consistent with Green Belt policy,it may still be considered appropriate either as a national priority or to meet an establishedneed if no other suitable site is available'. No component of the proposed development couldbe justified as an overriding national policy in terms of established need and an effective shortterm housing land supply has been identified by the development plan process, subject toperiodic review (currently in progress), as such, this is not considered to be an appropriatesite, with more appropriate ways of addressing this matter as identified through the NorthLanarkshire Local Development Plan examination process.

9.3 It is acknowledged that national policy accepts that in some circumstances coalescence maycreate a more sustainable settlement pattern. However, it was also highlighted that GreenBelt designation can otherwise be used to retain the existing character around settlements,and the conclusion to retain the site within Green Belt is firmly consistent with SPP. Onbalance any decision to support development on this site which would impact on the GreenBelt should essentially be a strategic one, to be addressed either in an overall review of theGreen Belt, or in a Local Development Plan.

Housing Land Supply

9.4 Strategy Support Measure 10 of the SDP provides the policy mechanism to allow the earlyrelease of land in advance of the adoption of the emerging local development plan (LDP) inorder to contribute to the five year effective housing land supply. The release of sites shouldbe guided by criteria in diagram 4 (the Sustainable Location Assessment) to find the mostsuitable locations, infrastructure constraints and funding, the site being of a scale which iscapable of delivering its house completions in the next five years, and the vision and planningprinciples of both the SDP and the LDP. A number of criteria within diagram 4 are notrelevant to the proposed development e.g. network of centres and low carbon energy orwould score neutral at best. However, given the green belt status of the site it is consideredthat the site scores negatively against the green network and infrastructure criteria for thereasons set out in paragraphs 8.4, 8.5 above.

9.5 In response to the applicant's comments on Housing Land supply, as mentioned above inparagraph 8.9, the Planning Service would maintain that there is a surplus of effectivehousing land in this particular housing sub−market area and that zoning of additional sites is astrategic matter to be addressed appropriately through the Development Plan process, ratherthan incrementally through planning applications considered contrary to the developmentplan. The council is currently considering many such submissions and requires dealing withthese consistently on all matters, including land supply. It should also be noted that the latestagreed Housing Land Audit is 2014.

Call For Sites

9.6 As part of the emerging Local Development Plan process, the council has asked developersto suggest suitable development sites and this is commonly known as Call for Sites". As partof this process, the applicant has submitted this site for consideration in comparison to anumber of alternative sites and assessed against agreed criteria. The submission to the "Callfor Sites" enables the site to be considered consistently and strategically in terms of thedevelopment plan process and the wider area. Committee considered a report on the Call forsites in February 2016 and this site was not included in the list of sites to be incorporated intothe forthcoming Local Development Plan as it did not score favourably against theassessment criteria.

10. Assessment of Consultation Responses and Representations

Consultation Responses

10.1 The comments from Greenspace in regard to the implementation of a programme ofbiodiversity mitigation reports could be addressed by conditions. Similarly the SiteInvestigation and Validation Report requested by Protective Services could also beconditioned. The scale and design of the development to overcome any noise concernsraised by Protective Service would be assessed once a detailed layout is submitted.

10.2 In respect to drainage and flooding, SEPA are satisfied with the information provided by theapplicant verifying that the potential flood risk associated with the indicative developable areawould be conditioned as part of this application. Consequentially this application exists toestablish the principle of residential development and any future application would be requiredto address those technical aspects in some detail.

10.3 With regards to Transportation comments it is considered the technical design of theproposed new access junction, Designing Streets layout and the Street Engineering Reviewwould be addressed when detailed plans are received.

10.4 The developments impact on the social infrastructure of Stepps (as set out in para 8.12above) is unsustainable as it places a significant financial burden on the Council to providereplacement community infrastructure which would be displaced from Stepps primary school.These costs could not be covered by any legal agreement with the developer who can only beasked to contribute to the impact on classroom provision not community resources.

10.5 In terms of the other consultation responses received, it is considered that the outstandingmatters which have not been covered earlier in this report could be suitably addressed by wayof planning conditions attached to any permission should the Committee approve theapplication.

Representations:

10.6 In response to representations, the following comments are given:

a) The development proposal is indeed contrary to the land use plan zonings within the NLLPand NLDP, the site is zoned as Green belt in both documents with a presumption againstdevelopment unless for limited prescribed reasons, not volume speculative housingdevelopment.

b) The application is contrary to the principle Green belt policy as discussed above in points 8.9to 8.14, 8.19 and 9.1 to 9.5.

c) The applicant has submitted a Transportation Assessment and notwithstanding the variouspoints raised by Traffic and Transportation, it is accepted that in technical terms, thedevelopment could be accommodated. As the application is in principle only, it is acceptedthat final details of the access and internal layout could be considered as part of a future

application ensuring the outstanding matters identified through the consultation process aresatisfactorily achieved. The current public transport provision is not of a magnitude sufficientin recommending refusal of this application.

d) Learning and Leisure Education Resources have highlighted capacity issues in the localprimary schools and have indicated that they can't support the application, however, if it wereto be granted consent they would require a developer contribution towards classroomprovision within the local schools plus additional community facilities.

e) In respect to protected species the applicant's ecology report satisfies the terms of therelevant policies and wider legislation and detailed mitigation reports on potential impact ofparticular species using the site would be addressed following submission of a MattersSpecified by Condition application

f) The applicant submitted an Air Quality Assessment, Noise Impact Assessment and aVibration Report which have all been considered acceptable by NLC Protective Service. AValidation Report will be required following submission Matters Specified by Conditionapplication.

g) The applicant has submitted drainage detail sufficient for determining a planning application inprinciple. Further detail would be required following the submission of a Matters Specified byCondition application in order to consider all drainage matters and their impact associatedwith this site should the Committee be minded to approve this application. Similarly ScottishWater were consulted and comments requested on the developments impact on itinfrastructure.

h) The Council recognises the concerns of the existing residents of the dwellings onCumbernauld Road and will ensure that their amenity is protected during the assessment ofany detailed planning application. The developer would be required to provide an alternativevehicular access to the rear of these properties if the existing access track is blocked andrestricted to a pedestrian footpath.

10 Conclusion

10.1 Drawing all these factors together, the proposed development is considered to be contrary tothe Development Plan as it constitutes inappropriate and unjustified development in theGreen Belt by way of the current development plan policy, the current situation in terms ofhousing land supply and in terms of landscape impact. Despite the applicant arguing thatthere are material considerations in favour of the nature of the development proposed, theseare not considered to outweigh the policies of the local plan both in respect to housing landsupply in general, and specifically in regard to the site in question. The application is alsopremature in that it seeks to pre−empt the due process of the Local Development Plan. It isnot accepted that the site's zoning fails to meet the criteria for Green Belt within the SPP.

10.2 In conclusion, there are major planning policy issues (SPP, SDP and Local Plan) that thisproposal fails to satisfy, and the applicants have failed to provide a satisfactory justification fortheir development in the Green Belt. The proposed development is contrary to policiesNBE3A, DSP1, DSP2 and DSP4 of the North Lanarkshire Local Plan in that the supportinginformation submitted does not justify the loss of valuable green belt land and the proposeddevelopment would have a significant adverse visual impact on the character of thesurrounding area. If granted, the proposal would set an undesirable precedent for othersimilar inappropriate development.

Application No:

16/01925/PPP

Date Registered:

17th January 2017

Applicant:Mr S Linn15 Coach CloseKi IsythG65 OQBApplication Level:Local Application


Erection of Dwellinghouse (Permission in Principle)

Site Address:

Coach CloseKilsythNorth Lanarkshire

Agent:N/A


Ward: Representations:001 Kilsyth 5 letters of representation received (fourJean Jones, Heather McVey, Alan Stevenson, objections and one letter of support).

Recommendation:


Approve Subject to Conditions

Although the site lies within the Green Belt, it is considered that the development of the plot isacceptable in this case as it will round off the boundary of the built up area and rationalise theGreen Belt boundary.

ProposedConditions:−That

before any part of the development starts, a further planning application shall be submittedto the Planning Authority in respect of the followingmatters:−(a)

the siting, design and external appearance of dwelling;(b) the means of access to the site;(c) the layout of the site, including all roads, footways, and parking areas;(d) the design and location of all boundary walls and fences;(e) the provision of drainage works;(f) the disposal of sewage;(g) details of existing trees, shrubs and hedgerows to be retained;(h) details of existing and proposed site levels.

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

That notwithstanding the generalities of Condition 2 above, the proposed dwellinghouse shall:

a) be no higher than one two storeys in height,b) front Coach CloseC) have no buildings or other obstructions within three metres of the Scottish Water pumpingchamber.

Reason: To ensure that the site is developed in an acceptable manner.

3. That notwithstanding the generalities of Condition 2 above, full details of the proposed vehicularand pedestrian accesses shall include the following unless otherwise agreed inwriting:−(a)

Drainage facilities shall be provided to prevent surface water running onto the public road.(b) Any gates shall open inwards not outwards onto the public road.(c) Driveways shall be paved for the first 2m to prevent loose chippings being carried onto the

public road.(d) Access to Driveways shall be via a dropped kerb vehicular access which should be a

maximum width of 5m.(e) Driveways shall be a minimum of 3m wide and 10m long or 5m wide and 6 m long to

prevent vehicles overhanging the footway.(f) Driveways shall meet the road at right angles in order to maximise visibility in both

directions.(g) Driveways shall be a minimum of 15m from a road junction.(h) Driveways shall have maximum gradients of 10%.(i) No fencing/ planting/ obstructions etc. shall be provided within visibility splays where they

would have a negative impact on the required visibility distances. (No higher than 1.05mhigher than the channel.)

(j) Visibility splays of 2m x 20m shall be provided from the driveways.(k) Off street car parking shall be I − 2 bedroom = 2 spaces, 3 − 4 bedroom = 3 spaces and 5 +

bedroom = 4 spaces.

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

Background Papers:

Consultation Responses:Letter from Scottish Water received on 23d February 2017Letter from The Coal Authority received on 8h March 2017Memo from Protective Services received on 15th February 2017Memo from Traffic & Transportation received on 2nd March 2017Contact Information:Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632500Report Date: 13th March 2017

APPLICATION NO. 161019251PPP

REPORT

1. Site Description

1.1 The application site is a vacant site between two existing dwellinghouses at Coach Close,Kilsyth. The site consists of untended shrubs and a Scottish Water pump station located onthe south western corner of the site. It is bounded by established residential properties to theeast, west and south, while to the north is open countryside. It is noted that directly to thesouth east of the application site is a recently constructed dwelling house which receivedplanning permission in 17th January 2013 (ref: 12/00948/FUL). Vehicular access to the sitealready exists directly from Coach Close.


2.1 Planning permission in principle is being south for the erection of a two−storey detacheddwelling. Although the application is for planning permission in principle, an indicative layouthas been submitted to show that the site can accommodate a detached dwelling with garageand vehicular access from Coach Close.


3.1 The applicant has provided no supporting information.

4. Site History

4.1 There is no relevant site history

5. Development Plan

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

5.2 In the adopted North Lanarkshire Local Plan, the application site is located within the greenbelt and is covered by Policy NBE 3A (Assessing Development in the Green Belt).

6. Consultations

6.1 A summary of comments from the consultees is as follows:

Traffic & Transportation no objections (in principal) subject to following:− Drainage facilities should be provided to prevent surface water running

onto the public road.− Gates if required should open inwards not outwards onto the public road.− Driveways should be paved for the first 2m to prevent loose chippings

being carried onto the public road.− Access to Driveways should be via a dropped kerb vehicular access which

should be a maximum width of 5 m.− Driveways should be a minimum of 3m wide and lOm long or 5m wide

and 6 m long to prevent vehicles overhanging the footway.− Driveways should meet the road at right angles in order to maximise

visibility in both directions.− Driveways should be a minimum of 15m from a road junction.− Driveways should have maximum gradients of 10%.− Where driveways exceed lOm in length only the first 2 spaces will be

considered as usable parking spaces.− No fencing/ planting/ obstructions etc. should be provided within visibility

splays where they would have a negative impact on the required visibilitydistances. (No higher than 1.05m higher than the channel.)

− Visibility splays of 2m x 20m should be provided from the driveways.− Parking: 1 − 2 bedroom = 2 spaces, 3 − 4 bedroom = 3 spaces and 5 +

bedroom = 4 spaces.Protective Services have no objection to the proposal and refers to best practicerelating to noise from construction, construction hours, dust control, constructionwaste and light pollution.

iii. Scottish Water has noted that there is a sewerage pumping station within theapplication site which is north of the vehicular access. Scottish Water requires thatthere should be free access to this pumping station chamber and cabinet at all times.There should be no buildings or other obstructions within three metres of the pumpingchamber. Scottish Water records also show that there are two private potable watersupply lines running through this site and while Scottish Water has no interest in thesepipes, the owners of no. 15 Coach Close and South Barrwood Cottage may havedeeds of servitude to allow access onto this land for maintenance and repair of theirsupply pipes. If the developer wishes to divert these pipes, they should consult withthe relevant owners and under no circumstances should the developer build over apressurised potable water main. Scottish Water does not object on capacity grounds.

iv. The Coal Authority considers that the content and conclusions of the Mining RiskAssessment Report are sufficient for the purposes of the planning system indemonstrating that the application site is safe and stable for the proposeddevelopment. The Coal Authority has no objection to the proposed development.

7. Representations

7.1 Following the standard neighbour notification process and local press advert, 5 letters ofrepresentation have been received, four objections and one letter of support.

7.2 The main grounds of objection include Green Belt location, local plan submission, large site,pathways, amenity, road safety, sewage pumping station, parking, infrastructure, publicfootpaths and public transport.

7.3 The letter of support states that the proposed dwelling would finish the street off as it is justwaste ground that looks out of place.


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

8.2 Development Plan: North Lanarkshire Local Plan: Although the application site is located atCoach Close, Kilsyth, the land is zoned as Green Belt and covered by Policy NBE 3A(Assessing Development in the Green Belt) which aims to protect the Green Belt through apresumption against development other than that associated with appropriate rural uses suchas those necessary for agriculture, forestry or horticulture, facilities for outdoor recreation,tourism, telecommunications or other appropriate rural uses etc. The wider area is anestablished residential area and is covered by Policy HCF 1 A (Protecting Residential Amenityand Community Facilities − Residential Areas) where there is a presumption againstdevelopments detrimental to residential amenity in primarily residential areas. It is consideredthat, given the nature of the development and the recently constructed dwelling to the southeast (ref: 12/00948/FUL), it is considered that the proposed dwellinghouse will infill an existinggap between two dwellings to round off the boundary of the built up area and rationalise theGreen Belt by providing a strong boundary all of which complies with the principal policy in theLocal Plan.

8.3 The North Lanarkshire Local Plan also requires proposed developments to be assessedagainst policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3(Impact of Development) and DSP 4 (Quality of Development). DSP 1, DSP 2 and DSP 3 arenot an issue given the scale and nature of the development. Policy DSP 4 states thatdevelopment will only be permitted when design is of a high standard where it is considered

that the detached dwelling at this location compliments the surrounding residential propertieswithout resulting any significant impact on the amenity levels. It is considered, therefore, thatthe proposal is in accordance with policies of the North Lanarkshire Local Plan.

8.4 New build development The proposal seeks to develop a vacant plot of land located betweentwo existing dwellinghouses on either side of the application site within the boundary ofKilsyth. The site is sufficient size that can adequately accommodated a detached dwellingwithin the application site as well as providing sufficient usable garden ground. The proposeddwelling would be in keeping with and complement the existing residential properties in thelocale. Due to the size of the proposed house plot, this will not result in a detrimental impacton the character and amenity of the existing residential properties. Planning conditions arerecommended to ensure that the proposed dwelling will be in keeping with the scale andcharacter of the surrounding residential area.

8.5 Consultations: Concerning the Protective Services comments relating to best practice relatingto noise from construction, construction hours, dust control, construction waste and lightpollution will be added as informatives on any planning permission. With reference to thecomments made by Scottish Water, a planning condition is recommended to ensure that nobuildings/structure are within 3 metre of the pumping station. Regarding the comments madeby Traffic & Transportation, suitable planning conditions to this affect are recommended. Thecomments made by the Coal Authority are noted.

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

Point of Objection: The land proposed for development sits within already designated GreenBelt and, if this is the case, it breaches Scottish Planning Policy in respect of Green Beltprotection.

Comment: The land use zoning of the application site is noted and discussed in detail above.

Point of Objection: The area in question formed part of a previous development submissionwhich came under a major review by Reporters, instructed by the Scottish Government in2011, in respect of the NLC Local Plan. This land, along with other adjacent developmentproposals (Woodend Farm, in particular), was rejected as being unsuitable for development −a position supported by NLC and by the findings of the Reporters. There were a myriad ofreasons supporting why this area was not suitable for development and these reasons are stillvalid.

Comment: This is noted, however, this current application seeks to permission for onedwelling on this smaller site.

Point of Objection: The outline area of land being proposed for the development of a singledwelling house is very large and disproportionate. It therefore a lead to suspicion that morethan one house is ultimately being considered by the applicants.

Comment: The current proposal is for one dwelling, any additional dwellings would require anew planning application.

Point of Objection: There is an established pathway which leads through the land beingproposed for development. This path has long been used for local access to walks andthrough to the Colzium Estate, a popular local leisure destination.

Comment: There are no designated footpaths located within the application site.

Point of Objection: This specific area of Kilsyth has perfect, scenic and tranquil surroundingswith limited number of dwellings in the neighbourhood and there is a concern relating tooverdevelopment of Coach Place and Coach Road and the impact of this, which risks spoilinga neighbourhood that is currently idyllic and recognised as such by those who travel from nearand far to walk and enjoy the beautiful, peaceful surroundings and natural environment.

Comment: The proposed development is limited to the application site, the wider area will notbe affected by the proposal.

Point of Objection: The notified application form indicates a single dwelling house with threecar parking spaces provided. There is already a concern about road safety in the area.Regularly, there are occasions when walkers on Coach Road needing to move quickly for theirown safety to avoid speeding, or badly driven cars. An increase in population of Coach Roador Coach Place will increase the probability of a serious accident occurring and potential of afatality.

Comment: The Council's Traffic & Transportation service has no objections to the proposal onroad safety grounds.

Point of Objection: The land in question houses a sewage pumping station that servicesCoach Close. Historically it has had many problems and has required many visits fromScottish Water to investigate and address these problems − often daily. There is a concernthat a development here could adversely affect its accessibility and serviceability. ScottishWater vehicles (including large tankers) are currently able to park in a turning area, but theturning area also falls within the land being proposed for development and so there is a risk ofthem having to park in Coach Close itself, which is already very busy with parked cars.

Comment: Scottish Water has not objected to the proposal provided no buildings or otherobstructions are located within three metres of the pumping chamber.

Point of Objection: All houses in Coach Close and the surrounding streets have their owndriveways and garages, but there is still the need for street parking. More often than not, carsare parked from the bottom of Coach Close up past the area in question. There is a concernthat another house would add to traffic levels on a narrow street that already contains manyparked cars, thereby increasing the safety hazard; and add to the number of cars thatresidents would try to park in the street.

Comment: A planning condition is recommended to ensure that suitable off street parking isincluded in the proposal.

Point of Objection: The infrastructure in the area is barely coping with the houses that alreadyexist and it is difficult to see how it would cope with possible several more houses. There isalready a new development close by at the Woodend Steading which is still in progress andwill put pressure on supply systems as there have been incidents with water pressures in thelocal area.

Comment: Scottish Water does not object on capacity grounds.

Point of Objection: There are no footpaths at all on Coach Road which is very narrow and inpoor repair. There are no streetlights which makes it even more dangerous. There is no lowerspeed limit so cars drive dangerously. There have been many accidents, and increased trafficin the area would potentially mean more. All of these issues would need to be addressed andfacilities provided if permission is given for more houses in the area.

Comment: The Council's Traffic & Transportation service has no objections to the proposal onroad safety grounds.

Point of Objection: Coach Road/Close are not supplied with any form of public transport soallowing even more private houses would conflict with any green travel commitments of localcouncil.

Comment: This is noted, however, this is not sufficient grounds to warrant the refusal of thisplanning application.

9. Conclusions

9.1 It is considered that the proposed dwellinghouses it is considered will close off a gap sitewithin the built up area and rationalise the Green Belt by providing a strong boundary whichaccords with the adopted North Lanarkshire Local Plan in that the proposal is in keeping withwider established residential area. Taking the above into consideration and notwithstandingthe objections received, it is recommended that planning permission in principle be approved.

Application No:

16/02182/FUL

Date Registered:

19th December 2016

Applicant:Mrs Razia Afzal56 Woodfoot RoadHamiltonML3 8LWApplication Level:Local Application


Change of Use of Shop to Hot Food Takeaway (8AM − 5PM)and erection of flueSite Address:

115 High StreetNewarthillMotherwellML1 5JH

Agent:N/A

Contrary to Development Plan:No

Ward: Representations:017 Motherwell North 17 letter(s) of representation received.Shahid Farooq, Helen McKenna, Peter Nolan, PatO'Rourke,

Recommendation:


Refuse

The development proposed is considered to be contrary to Policies HCF 1A, RTC 3B andDSP 4 due to the detrimental impact that would occur on road safety, residential amenity as aresult of odours/fumes and general disturbance.

Recommendation: Refuse for the FollowingReasons:−1.

The proposed change of use would be liable to give rise to the generation of odours and generaldisturbance to the detriment to the amenity of neighbouring residents and as such would be contraryto Policies HCF 1A, RTC 3B and DSP 4 of the adopted North Lanarkshire Local Plan. Furthermore,notwithstanding the public car park, the use is likely to contribute to an increase in short term on streetparking to the detriment of road safety.

Background Papers:


Environmental Health (including Pollution Control) − 8.2.17Traffic & Transportation − 15.2.17


Any person wishing to inspect these documents should contact Ms Lisa Smith at 01236 632500

Report Date:

24th February 2017

REPORT

1. Site Description

1.1 The application building is located a short distance from a neighbourhood and local centre. It is anexisting vacant shop unit within an established residential area and forms part of a terrace of buildings.Directly next to the application building within the terrace is a one and a half storey house, ahairdresser, a convenience store with an external cash machine and two flats. Immediately east at theside of the application building there is a two storey detached building which houses the NewarthillCredit Union and across the road there is a barbers, a public car park off of which a public house andcar diagnostic business can be accessed. Outwith this, the site is surrounded by dwelling houses.Another neighbourhood and local centre is located west of the site within Newarthill.

2.

2.1

3.

Proposed Development

The proposed development is the change of use of shop to hot food takeaway (8AM − 5PM) anderection of a flue.

Applicant's Supporting Information

3.1 The applicant has advised that the shop's vacant status has resulted in open space within its curtilageat the rear being used as a dumping ground for rubbish. Despite there being a fence around theground which accompanies the application building a resident of one of the flats advised that the gateinto it has to remain open to allow access to the other dwellings within the terrace.

4. Site History

4.1 99/00364/FUL Change of Use from Shop to Hot Food Takeaway −04/00486/FUL Change of Use from Shop (Class 1) to Hot FoodAppeal dismissed −

20" January 2005.

5. Development Plan

Refused 22.06.1999Shop − Refused 10.06.2004 and

5.1 In the adopted North Lanarkshire Local Plan, the application site is located within an existingresidential area with Policy HCF 1A − Protecting Residential Amenity and DSP 4 − Quality ofDevelopment. Policy RTC 3B − Assessing Retail and Commercial Leisure Development − BadNeighbour Development is also relevant.

Consultations

6.1 The Council's Protective Service section have no objection based on comments made around thedevelopment meeting specified noise levels and standards for the works and maintenance required toensure the control and disposal of cooking odours/fumes.

6.2 The Council's Roads and Transportation section have advised that they have no objection to theproposed development subject to a planning condition to ensure the adjacent public parking areawas utilised by customers, as there is no on street parking next to the application building due to atraffic regulation order. They also confirmed that the proposed development would require 5 carparking spaces and is likely to result in short term on street parking.

Representations

7.1 17 letter(s) of objection representation were received with one person submitting two letters. A requestfor a hearing with the committee has been lodged. The objectors consist of the following;− Newarthill Community Council− 3 are from residents located directly to the rear of the application building;− 1 is from a resident across the road;− 3 are from residents some distance away from the application property;− 8 are from competing operators of hot food businesses (7 from one source).

These objectors have raised issues around; public safety, road safety via increased number of cars inthe area and the encouragement to children to cross a busy road; lack of on street parking;exacerbation of existing on street parking at the restricted area; lack of use of the public car park;pedestrian crossing in close proximity to the proposed development; over provision of hot food in thearea; litter problems; close proximity to local school; smells from the proposed development prohibitingresidential amenity of domestic gardens; worsen existing air pollution in the area; attraction of miceand vermin.


8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisionsmust be made in accordance with the development plan unless material considerations indicateotherwise. The application raises no strategic issues; it can therefore be assessed in terms of the localplan policies. In the North Lanarkshire Local Plan the site is covered by HCF I A (Protect ResidentialAmenity). Policy DSP4 (Quality of Development) and RTC 3B (Assessing Retail and CommercialDevelopment as a potential Bad Neighbour) are also relevant. These policies look to protect theamenity of neighbouring uses and the wider community through assessing the impacts of servicing,parking and the cumulative impacts of potential bad neighbour developments.

8.2 The application site is located within an existing residential area within a terrace of buildings whichinclude a house, a hairdresser, a convenience shop with external cash machine and two flats. There isalso the Newarthill credit union directly east of this row and across the road there is a barbers, puband car diagnostic business. The site is surrounded by dwelling houses and a short distance away isa designated Neighbourhood and Local Centre with another neighbourhood and local centre locatedwest of the site.

8.4 The proposed development is the change of the use of the existing shop to provide hot take away foodbetween the hours of 8am to 5 pm with a flue emerging at the ridge of the application building at theroof boundary with a neighbouring house at 117 High Street. The applicant has advised that they ownthe house at 117 High Street.

8.5 Consultations: The Council's Protective Service section requirements for the need to adhere tostandards for noise and stipulated criteria to control odours/fumes emitted by the developmentproposed are noted. Roads and transportation comments are explored in more detail in the paragraphsbelow.

8.6 Representations: With respect to the terms of objection set out at paragraph 7.1 above and a requestfor a hearing with the committee has been lodged. The following responses should be noted:

Comment summaryPublic and road safety via increased number of cars in the area; lack of on street parking; exacerbationof existing on street parking at the restricted area; lack of use of the public car park; close proximity tolocal school encouraging children to cross a busy road, pedestrian crossing in close proximity to theproposed development.

ResponseIt is noted that the shop could reopen without the need for planning permission and that this wouldgenerate traffic. Whilst the proposed use may generate similar traffic levels such a use does tend toencourage short term on street parking. On street parking within the restricted area by customers usingthe existing business at the application site was witnessed during a site visit. Whilst it is acknowledgedthat there is a pedestrian crossing close to the existing shop unit, this pedestrian crossing is locateddirectly outside the credit union and a barbers. In addition, the nearest existing hot food takeaway andconvenience store is across the road from the existing school and therefore children crossing a busyroad cannot be solely attributable to the change proposed. Whilst traffic and transportation had noobjections, this was on the basis that conditions be imposed to ensure the public parking area wasutilised. This is not possible and as indicated above, hot food uses tend to encourage on street shortterm parking. On this basis it is considered that the proposed use will have an adverse impact on roadsafety.

Comment summaryOver provision of hot food in the area; litter problems; smells from the proposed development prohibitingresidential amenity of domestic gardens; worsen existing air pollution in the area; attraction of mice andvermin.

ResponseFrom site visits undertaken, an overprovision of hot food takeaways providing the service proposed interms of cumulative impact, litter problems and vermin at this area within Newarthill were not readilyapparent. In addition, over provision of a similar use in terms of competition is not a materialconsideration. Air pollution has not been raised as an issue by the council's protective service directlyattributable to the change proposed. However, it is considered that the close proximity of dwellinghouses, in particular those to the rear of the application building will experience a loss of residentialamenity as a result of odours/fumes sufficient enough to cause concern.

8.7 In terms of parking and road safety, it is noted that the shop could reopen without the need for planningpermission. It is also noted that there is an existing on street parking issue. Hot food uses tend toencourage short term on street parking and this is likely to exacerbate the existing situation.Accordingly, this proposal is likely to cause road safety concerns. In terms of amenity, however, it wasconsidered that the location of the flue and the close proximity of neighbouring dwellings some with reargardens which back on to the application site would be unacceptable in terms of odours/fumes andgeneral disturbance. In terms of cumulative impacts, it is considered that whilst there are other hot foodprovision outlets within Newarthill, the location of the application site is a sufficient distance from thoseas to not create an apparent negative cumulative impact.

Conclusions

9.1 The development proposed is considered to be contrary to Policies HCF 1A, RTC 3B and DSP 4 due tothe detrimental impact that would occur on road safety and residential amenity as a result ofodours/fumes and general disturbance.

Application No:

1 6/02234/MSC

Date Registered:

13th December 2016


Erection of 155 Dwellinghouses and Associated Works

Site Address:

Site East Of Johnston Road and lnchnock Avenue Junction,Gartcosh

Applicant:Bellway Homes & Deuchny Properties LLPBothwell HouseCaird StreetHamiltonML3 OQA

Application Level:Local Application

Agent:N/A


Ward: Representations:005 Strathkelvin 4 letters of representation received.William Hogg, Frances McGlinchey, JohnMcLaren, Brian Wallace

Recommendation: Approve Subject to Conditions


The proposed residential development of 155 houses is considered to be in accordance withthe relevant policies contained in the North Lanarkshire Local Plan 2012 and could beaccommodated without unacceptable detriment to the character and amenity of thesurrounding area. The development is considered to satisfactory comply with the conditionsof planning permission in principle 13/01958/PPP.

Note to Committee

Should committee be minded to grant planning permission, the decision notice shouldn't beissued until a S75 Legal Agreement is concluded to secure the affordable housing commutedsum.

Reproduced by permission ofthe Ordnance Survey onbehalf of HMSO. © CrownCopyright and database right2009. All rights reserved.Ordnance Survey Licencenumber 100023396.

Planning Application: 16/02234/MSCName (of applicant): Bellway Homes &Deuchny Properties LLPSite Address: Site East Of Johnston RoadAnd lnchnock Avenue Junction,GartcoshDevelopment: Erection of 155Dwellinghouses and Associated Works

ANorth

LanarkhireCouncil

ProposedConditions:−That,

except as may otherwise be agreed in writing by the Planning Authority, the development shall beimplemented in accordance with drawing numbers:− GH/SK/01 REVISION G, 52.144.01 a, 52.144.02a,52.144.03a, 52.144.04a, 52.144.05a, 52.144.06a, Avondale PL 01 A, Benbecula PL 01, Burgess PL01, E10944/1001 Rev B, E10944/2001 Rev B, Erinvale PL 01, GH/LP/01 B, HT003_PL _01,HT007_PL_01, HTB_PL_01, Kinloch PL 01, Lomond PL 01, Merion PL 01, Oakmont PL 01, PinehurstPI−01, Queenwood PL 01, Rosedale PL 01, Sunningdale PL 01, TF AA(9) 010, TF AA(9) 018, VictoriaPL 01, 60520341/6001

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

2. That before any aspect of the development starts a comprehensive site investigation (carried out inaccordance with British Standard Code of Practice BS 10175: 2001 "The Investigation of PotentiallyContaminated Sites") shall be submitted to and approved in writing by the Planning Authority; and anyapproved mitigation measures shall be incorporated into the development proposals and any approvedground remediation work shall be completed and verification provided by the developer to thesatisfaction of the Planning Authority before building works start.

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

3. That any remediation works identified by the site investigation required in terms of Condition 2 aboveshall be carried out before construction works commence. A certificate (signed by a charteredEnvironmental Engineer) shall be submitted to the Planning Authority confirming that any remediationworks have been carried out in accordance with the terms of any agreed Remediation Strategy.

Reason: To ensure that any remediation identified has been implemented in the interests of the amenityand wellbeing of future residents.

4. That before the development hereby permitted starts, unless otherwise agreed in writing with thePlanning Authority; full details of the proposed surface water drainage scheme shall be submitted to thesaid Authority and shall be certified by a chartered civil engineer as complying with the most recentSEPA SUDS guidance.

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

5. That the SUDS compliant surface water drainage scheme approved in terms of Condition 4 shall beimplemented contemporaneously with the development in so far as is reasonably practical. Within threemonths of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experiencedin drainage works) shall be submitted to the Planning Authority confirming that the SUDS has beenconstructed in accordance with the relevant CIRIA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of theamenity and wellbeing of existing and future residents adjacent to and within the development site.

6. That prior to the commencement of development, the applicant shall provide written confirmation to thePlanning Authority that all the requirements of Scottish Water can be fully met to demonstrate that thedevelopment will not have an impact on their assets, and that suitable infrastructure can be put in placeto support the development.

Reason: To ensure the provision of satisfactory sewerage and surface water drainage arrangements.

7. That all works included in the scheme of landscaping and planting, set out in drawings 52.144.01a;52.144.02a; 52.144.03a; 52.144.04a; 52.144.05a; 52.144.06a shall be completed in accordance with atimetable that is agreed in writing with the Planning Authority before any development starts, and anytrees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within twoyears of the full occupation of the development hereby permitted, shall be replaced within the following

year with others of a similar size and species.

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

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

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

9. That before the development hereby permitted starts, a detailed scheme for the provision of equippedplay areas within the application site shall be submitted to, and approved in writing by the PlanningAuthority, and this shallinclude:−(a)

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

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

10. That before occupation of the last dwellinghouse within the development hereby permitted, all worksrequired for, and included in the scheme approved under the terms of condition 9, shall be completed.

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

11. That before the development hereby permitted starts, a management and maintenance scheme shall besubmitted to, and approved in writing by the Planning Authority, and it shall include proposals for thecontinuing care, maintenance and protectionof:−(a)

the proposed grassed, planted and landscaped areas;(b) the proposed SUDS area and pumping station;(C) any communal fences and walls;(d) play provision within the site.

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

12. That BEFORE completion of the development hereby permitted, the management and maintenancescheme approved under the terms of condition 11 shall be in operation.

Reason: To ensure there is an adequate landscape maintenance scheme in place.

13. That before the development hereby permitted starts, full details of the facing materials to be used on allexternal walls and roofs shall be submitted to, and approved in writing by the Planning Authority. Forthe avoidance of doubt, these materials shall respect the palette of materials for the streets, junctions,footways, and driveways agreed under the terms of condition 14.

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

14. That before the development hereby permitted starts, unless otherwise agreed in writing with the PlanningAuthority, full details of the design and finish materials to be used in the construction of the streets,footways, junctions, parking courtyards and driveways, shall be submitted to and approved in writing bythe Planning Authority. For the avoidance of doubt, the materials shall be a well considered palette toreflect the aims of Designing Streets and the materials agreed under the terms of condition 13.

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

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


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

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

17. That prior to commencement of development, a Construction Method Statement shall be submitted toand approved by the Planning Authority. For the avoidance of doubt, the Construction MethodStatement shall cover:

• Details of the proposed phasing of all works;• Details of all on−site construction including means of access to the site and;• A dust management plan during the construction period:

The development shall be implemented in accordance with the approved Construction MethodStatement.

Reason: In the interests of the amenity of the area, to minimise pollution risks arising from constructionactivities.

18. Should no development start within one year from the date of this permission, an updated protectedspecies survey shall be carried out and the details of the findings of the surveys, including anymitigation measures shall be submitted to and approved in writing by the Planning Authority. For theavoidance of doubt, mitigation measures shall be implemented in accordance with a timescale to beagreed with the Planning Authority.

Reason: In the interests of the protection of natural habitats and protected species.

19. That the habitat protection and enhancement measures outlined in Chapter 6 Ecology andOrnithology' of the Environmental Statement (Montagu Evans October 2013) associated withpermission 13/01958/PPP shall be implemented contemporaneously with the construction of thedevelopment.

Reason: In the interests of the protection of natural habitats

20. All works shall be carried out in accordance with the Habitat Management Plan by BrindleyAssociated, dated December 2016. Furthermore, all recommendations and requirements of that planshall be implemented to the satisfaction of the Planning Authority.

Reason: In the interests of nature conservation.

21. That the recommendations of the Noise Assessment dated November 2016 by Envirocentre shall becomplied with in full before the occupation of any dwellinghouses subject to mitigation.

Reason: In the interests of residential amenity.

22. That notwithstanding the terms of condition 1 above, before development starts, full design details ofthe roundabout serving the site shall be submitted to and approved in writing by the PlanningAuthority. Thereafter, the roundabout shall be constructed in accordance with the details approvedunder the terms of this condition.

Reason: To ensure a suitable level of access to serve the development.

23. That no development (other than site preparation and groundworks) shall commence until full detailsof a scheme for the provision of 16 affordable units on the site is submitted to and approved in writing

by the Planning Authority. Unless otherwise agreed in writing by the Planning Authority, no more than75 units of market housing shall be occupied until the affordable housing has been provided inaccordance with the terms of the approved scheme. For the avoidance of doubt, this condition relatesto on−site provision with the required financial contribution to be secured through a legal agreement.

Reason: To ensure the provision of affordable housing on the site.

Background Papers:


NLC Traffic & Transportation 9.2.2017 and 10.3.2017NLC Pollution Control 22.12.2016, 20.2.2017NLC Play Services 31.1.2017NLC Housing 17.2.2017Scottish Water 9.1.2017Scottish Gas Network 2.2.2017


Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01236 632500

Report Date:

13th March 2017

APPLICATION NO. 16!02234!MSC

REPORT

1. Site Description

1.1 The application site is 8.34Ha and forms part of the Glenboig Gartcosh Community Growth Area(CGA). (Planning Permission in Principle 13/01958/PPP)

1.2 This site is currently farmland, open in nature and bounded primarily by post and wire fencing. Theland is broadly flat at its northern section in an east−west direction but falls in level to the south andJohnston Road. There are some trees around the site, but a stronger line of mature trees down theeastern boundary.

1.3 To the north is further open land (also part of the CGA), to the west is an established residential areaand to the east, a further residential area and individual residential property, although there is anintervening area of open space/trees. The southern aspect of the site is bounded by Johnston Road,beyond which is an existing farm and farmland, albeit these too are zoned within the CGA. Thesurrounding housing is primarily 2 storey detached and semi−detached.


2.1 Proposed is a development of 155 units. This would form the first phase of development at this part ofthe CGA. The layout includes a mix of mostly detached properties with some semi−detached andterraced units. Most houses are either 3 or 4 bedroom, all 2 storey with a small number of 2−bedroomcottage flats. The layout includes 16 social rented units as part of the contribution to affordablehousing. A financial contribution to affordable housing is also proposed.

2.2 The layout would be accessed from a new roundabout on Johnston Road, while within the site; thepattern consists of loops of primary and secondary streets. The proposed design of primary streetscontains more defined pedestrian/vehicular delineation, with secondary streets being more informal.This is proposed to follow the principles contained within national policy, Designing Streets. Trafficcalming is provided in the form of horizontal street design and junction types, opposed to verticalcalming features, again following enhanced design policy. Most plots are relatively conventional innature, with in−curtilage parking, although a terraced block is provided with a parking court whichallows it to front towards Johnston Road. Otherwise, the layout is devised to allow a frontage toJohnston Road and towards a band of open space to the north.

2.3 Landscaping is proposed throughout the site and around the boundaries. There is also a stand−offaround the outside of the site, creating a buffer with adjacent land uses. There is an area of openspace within the site which is proposed to contain a toddlers play facility, with a much larger linearband of open space to the north which would contain more extensive play equipment. Footpathconnections would also be incorporated.

2.4 A SUDS drainage basin is included at the south eastern part of the site.


3.1 It is noted that this application is for matters specified in conditions of planning permission13/019581PPP. As such, information associated with that application remains relevant. The applicanthas submitted the following additional information:

• Noise Report• Tree Report• Street Engineering Review• Habitat Report• Phasing Scheme

4.

4.1

4.2

Site History and Community Growth Area

As noted earlier, this application is for matters specified in conditions of planning permission13/01 958/PPP, part of the Glenboig Gartcosh Community Growth Area.

13/01958/PPP Residential Development of up to 450 Units, Access and Associated Works − VariousSites AtJohnston Road, GartcoshApproved 18t"August 2016

Two other large scale planning applications have been approved for the wider CGA. These are asfollows:

14/01594/PPP Construction of Residential Development (up to 1040 houses) & Community Hub withAncillary Works Including Access Road, SUDS & Landscaping − various sites around Glenboig to eastof M73Approved 10th February 2017

14/01849/PPP Residential Development with Associated Access Roads, Open Space, Landscapingand Ancillary Facilities (Including 0.5ha for retail purposes) (up to 300 houses)Approved 11th January 2017

4.3 It is important to note that each permission has a S75 Legal Agreement in place to secure developercontributions in respect to roads and education infrastructure. Those contributions thereafter filterdown to the developers of each site, based on a contribution for each unit completed in a given year.The contributions have been developed on a strategic basis ensuring that for the 3000 units ultimatelyto be delivered through the CGA, the contribution per unit remains the same. This was a significantprocess in terms of agreeing and securing the financial mitigation. The current application is solely forresolving matters of detail within the planning permission in principle and is not an opportunity torevisit wider developer contributions towards roads and education infrastructure.

5.

5.1

5.2

Development Plan

The proposals require to be assessed under the North Lanarkshire Local Plan and in particular underthe terms of:

• DSAP (Development Strategy Area Priority 3: Community Growth Areas)• Development Strategy Policies 1, 2, 3 and 4 (assessment of amount, location, impact and quality

of development)• Policies HCF 2 B: location for (Medium term) Housing development• HCF3 (Assessing Affordable Housing Development)• NBE1 Protecting the Natural and Built Environment

Although not part of the development plan, the council has agreed Supplementary Planning Guidancerelating to the CGA by way of a Strategic Development Framework (SDF) which sets out how the CGAwill be developed.

6. Consultations

6.1 The following consultation responses have been received, or are relevant from the current permission.Where appropriate some Planning Service comment is also provided:

6.2 NLC Transportation raise no objection to the application but provide points of detail in respect to thedesign of the proposed roundabout, aspects of the internal layout and the Street Engineering Reviewsubmitted in association with the application. On balance, it is highlighted that there is norecommendation to refuse the application and that amendments have been made to the layout tosecure compliance in so far as possible. Outstanding issues raised are not considered to merit refusalof the application and final design of the proposed roundabout access can be secured via a condition.

6.3 NLC Protective Services raise no objection to the application. A condition is attached in order toresolve the requirement for a Site Investigation. A Site Investigation has been submitted and iscurrently under consideration. On comments of noise, a noise assessment has been submitted,recommending some very limited mitigation. This is acceptable to Pollution Control and a condition isattached in respect to compliance. Other matters raised can be applied as formal advice in anydecision notice.

6.4 NLC Education Services were consulted as part of the planning permission in principle and a legalagreement is already in place in order to secure a financial contrition to education provisions.

6.5 NLC Play Services raise no objection to the application. Details in respect to the play equipmentrequirements are set out and final confirmation of equipment numbers and types can be secured viaconditions.

6.6 NLC Housing has advised that discussions in respect to the affordable housing provision are at anadvanced stage. This will be delivered through the provision of 16 units of social rented units withinthe site and a commuted financial contribution equivalent to 21 units.

6.7 SEPA were consulted as part of the planning permission in principle and raised no objection to thedevelopment. The requirements of the planning permission in principle have been carried through inthis layout with a previous condition on flooding matters also attached.

6.8 Scotland Gas Networks raise no objection to the application. It is acknowledged that furtherdiscussion was required between the applicant and Scotland Gas Networks as a result of possibleimplications for a High Pressure Gas pipeline crossing through the site. Those matters were resolvedwith some amendments to the layout. Otherwise, separate requirements outwith the planning processmay be highlighted as advice in any decision notice.

6.9 In terms of the Coal Authority responsibilities, the site lies within an area covered by standing advice.

6.10 Scottish Water raises no objection to the application.

7. Representations

7.1 Four letters of representation have been received. Three of these are objections from nearbyresidents. The fourth is a neutral representation from another party noting interest in different part ofthe CGA. The representations are summarised as follows:

• Concerns regarding loss of privacy, particularly due to elevated levels.• Concerns regarding overshadowing from properties within the view of established housing• Increase in noise pollution in comparison to existing field• Light pollution from the development• Loss of visual amenity as a result of the change from a field to built development• Concerns over resultant view• Impact on wildlife and habitat• Impact on local services such as schools, GP services and shops• No adequate recreational ground• Impact on already struggling water and drainage infrastructure• Precedent for further development, including a further access road in the designated buffer zone• Substantial increase in traffic noise and congestion on the road network• Loss of village status• Red line boundary excludes the proposed roundabout and cannot be approved• The proposed roundabout encroaches onto 3id party land• The proposed roundabout fails to safeguard or link to the CGA area to the south and therefore fails to

comply with the SDF (Various quotes from the SDF are given)• Clarity is sought over the nature, scale and timing of the required roundabout link at a more northern

part of this central area of the CGA, in particular noting linkages to the CGA further west


8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must bemade in accordance with the development plan unless material considerations indicate otherwise. It isconsidered that the proposal raises no issues of a strategic nature in terms of the Glasgow and theClyde Valley Strategic Development Plan (SDP) 2012. It is noted that the Community Growth Areainception is from the Strategic Development Plan, however that is now translated through to localpolicy in the North Lanarkshire Local Plan and more recently in the approval of planning permission inprinciple.

North Lanarkshire Local Plan

8.2 The site falls within an area zoned as HCF 2B Locations for (Medium−term) Housing Development inthe North Lanarkshire Local Plan and is identified as a Development Strategy Area Priority underpolicy DSAP3.

8.3 Policy DSAP 3 (Development Strategy Area Priorities): The site falls within the area identified as theGartcosh and Glenboig Community Growth Area. This policy required the production of a StrategicDevelopment Framework (SDF) to be adopted as supplementary guidance along with ConceptStatements and Masterplans. The council subsequently approved an SDF in 2014 and as notedabove, planning permission is principle has since been granted. This application should not revisit anyof those matters of principle, but rather ensure compliance with the planning permission in principleand any other relevant design policy.

8.4 Policies DSP1−4 include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3(Impact of Development) and DSP4 (Quality of Development). With regard to Policy DSP1 (Amount ofDevelopment), the proposed development site forms part of the housing land supply and compliesfrom a quantative perspective. In light of the policy DSP1 Policy position, it follows that the proposal isconsistent with the NLLP's basic locational criteria set out in DSP2.

8.5 Policy DSP3 (Impact of Development) considers the impact of the proposed development in terms ofits requirements for additional community facilities or infrastructure which is necessary to meet futuredemands on existing provisions. In this instance, the application forms detailed elements of theplanning permission in principle. A S75 legal agreement is already in place and each unit will besubject to a contribution of £5,340 towards education provision and £2,622 towards roadsinfrastructure, subject to potential reduction as a result of City Deal funding for the Glenboig LinkRoad. These contributions will be rolled−out across all 3000 units within the Community Growth Area.In terms of affordable housing, discussions are at an advanced stage and this would be deliveredthrough a separate legal agreement.

8.6 Taking the above matters into account, it is considered that the proposed development accords withPolicy DSP3.

8.7 Policy DSP4 (Quality of Development) requires development proposals to only be permitted wherehigh standards of site planning and sustainable design are achieved. This also considers otherimpacts, such as amenity and privacy. In terms of the policy, proposals require to be assessedagainst a set of criteria.

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

8.8 The layout and nature of the housing proposed is considered to be acceptable, following a hierarchyof primary and secondary spaces. The layout has been developed to have good frontages and wherethese have not been possible, there is a buffer to adjoining land−uses and landscaping. Materials canbe controlled via conditions. Internally, the density is considered acceptable with a central area ofopen space and a further northern band of open space, following the parameters of the masterplantaken forward through the planning permission in principle. While actual play equipment has not beenconcluded, discussions have been ongoing with the Councils Play Services and this matter can betaken forward via conditions. Satisfactory linkages are also considered to be provided to thesurrounding area with future provisions to the north and a footpath link to Inchnock Avenue.

b. Safe, Inclusive, Convenient and Welcoming Development

8.9 Access to the site has evolved following assessment and determination of the planning permission inprinciple. NLC Transportation raised no objection to the application. While it is acknowledged that theplanning permission in principle requires that the roundabout from Johnston Road should be designedto have 4 arms (to serve the CGA to the south), no applications have yet been submitted for thatelement of the CGA. Subject to a condition on final design, a 3 arm roundabout is considered to bereasonable to serve the current development and development on the north side of the JohnstonRoad. The applicant has provided a plan demonstrating how a 4 arm roundabout could be developedin the future. While this would require future works (and extend into land at the south), for thepurposes of ensuring the strategic delivery of the CGA, there is considered to be adequatedemonstration in respect to the spirit of the condition within the planning permission in principle.

8.10 Otherwise, while some comments are given by NLC Transportation in respect to the internal, it isnoted that the proposed site has been designed to take account of national policy guidance 'DesigningStreets' in order to create a greater sense of place, and provide a nature of street design that is moreintegrated and considered. From a planning perspective, it is accepted that a more design ledapproach to the development has been achieved whilst satisfactorily meeting functional requirements,safety considerations and that all areas have a good degree of passive surveillance from the proposedhousing. Other technical consideration can be taken through the construction consent process. Inaddition to the areas of formal open space (which are accessible and well positioned), throughout thelayout it is proposed to incorporate additional landscaping with boundary hedging and tree planting.The above detailed design elements are considered to create a safe, welcoming development and intime, when landscaping within and around the development fully matures, one with good greenelements.

c. Energy Resources and Sustainable Development

8.11 In terms of sustainable development, it is acknowledged that the site's inclusion for developmentpurposes has followed the local plan process in light of housing land supply requirements in the widerarea and strategic aims of planning policy for the Clyde Valley region. As a site, it is also designed tolink to local footpaths with a satisfactory proximity to local amenities.

d. Air Quality, Noise and Pollution Impacts

8.12 With regard to potential pollution impacts, air quality was considered as part of the planningpermission in principle and found to raise no undue concerns. A noise impact assessment has beensubmitted as part of this application and raises no significant concerns. No other pollution concernshave been raised through consultation.

e. Drainage and Water Body Status

8.13 SEPA were involved as part of the planning permission in principle, with detailed assessment of floodrisk, ultimately raising no objection. Conditions from the planning permission in principle have beentaken through into this layout. Scottish Water raised no objection to the application. A condition isproposed to ensure requirements of SEPA and general SUDS principles are satisfactorily achieved,and a further condition is proposed in respect to the developer meeting all requirements of ScottishWater.

f. Impact on Local Amenity

8.14 In terms of privacy, the generally recognised minimum distance between directly facing windows of 18metres is met in all cases. In respect to loss of light and overshadowing, there is adequate distancefrom established housing. Within the site, standards are also met. Otherwise, no other amenityconcerns are raised.

8.15 In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4.

Other Material Considerations

Planning Permission in Principle

8.16 The layout is considered to satisfactory meet the terms of planning permission 13/01958/PPP subjectto conditions and a legal agreement in respect to affordable housing.

Consultations:

8.20 In terms of the consultation responses received, it is considered that the outstanding matters whichhave not been covered earlier in this report could be suitably addressed by way of planning conditionsor advisory notes attached to any permission. In respect to protected species and ecology interests,an updated survey from the planning permission in principle has been submitted raising no significantimplications along with a habitat management plan. Requirements to update surveys in the event of adelay in development and implementation of the habitat plan can be secured via conditions.

Representations

8.21 The following points of objection have been received:

• Concerns regarding loss of privacy, particularly due to elevated levels.• Concerns regarding overshadowing from properties within the view of established housing• Increase in noise pollution in comparison to existing field• Light pollution from the development

Response: The appropriate standards in respect to privacy and overshadowing are satisfactorilyachieved. It is noted that there is a notable buffer between proposed and existing housing. Thiscombined with the configuration of the layout will further ensure there would be no unreasonableimpacts. Otherwise, no other pollution concerns have been raised following consultation withprotective services. In broad terms, this site has planning permission for residential development andthe principle of development is already confirmed. While this will result in a change in theenvironment, for example, the visual change, as a land−use it is compatible with established housingand associated changes in respect to streets lights and any light from a new residential area wouldremain within reasonable limits.

• Loss of visual amenity as a result of the change from a field to built development• Concerns over resultant view

Response: As above, planning permission in principle already exists for residential development atthis location. Otherwise, the design is considered to satisfactorily meet standards. Loss of view is nota material consideration in planning terms, but while it is acknowledged that existing residents areconcerned about what this means for amenity, it is considered on balance that good buffers andlandscaping are in place around the boundaries which will soften impacts, particularly in time whenlandscaping matures.

Impact on wildlife and habitat

Response: Appropriate surveys have been carried out and a Habitat Management Plan would also bein place.

• Impact on local services such as schools, GP services and shops• No adequate recreational ground

Response: Planning permission in principle is already in place and developer contributions aresecured in respect to education and roads infrastructure. Furthermore, also contained within theapplication is open space and additional play provision. This is considered to meet the appropriatepolicies. In respect to other impacts, there is currently no policy basis to secure further mitigation, nordoes this form part of the planning permission in principle. Other parts of the CGA do howeverprovide space for new neighbourhood centres and other facilities.

Impact on already struggling water and drainage infrastructure

Response: This development follows planning permission in principle and there is no objection fromSEPA or Scottish Water. Compliance with the requirements of SEPA and Scottish Water can besecured through conditions.

. Precedent for further development, including a further access road in the designated buffer zone

Response: Every application is considered on its individual merits and planning permission inprinciple already exists for this wider element of the CGA.

. Substantial increase in traffic noise and congestion on the road network

Response: The development follows assessment of planning permission in principle which wasassociated with an Environmental Statement and assessment of transportation impacts. These werefound to be acceptable. This application is to consider the detailed layout. A financial contribution willbe made to a scheme of infrastructure upgrades in the wider area.

. Loss of village status

Response: The CGA is a strategic priority of the Council, embedded in planning policy and alreadybenefitting from planning permission in principle at this location.

. Red line boundary excludes the proposed roundabout and cannot be approved.

Response: It is acceptable for roads infrastructure associated with planning applications to belocated outwith the red line boundary, providing it remains within the public road.

The proposed roundabout encroaches onto 3 rdparty land

Response: For the purposes of assessing this application, it has been satisfactorily demonstratedthat the proposed roundabout can be constructed within the red line boundary and public road andappropriate certification has been provided within the application form.

• The proposed roundabout fails to safeguard or link to the CGA area to the south and therefore fails tocomply with the SDF (Various quotes from the SDF are given)

Response: Adequate demonstration has been provided to confirm a 4 arm roundabout can beconstructed to serve the CGA to the south. It noted that no proposals have yet been brought forwardfrom that area.

• Clarity is sought over the nature, scale and timing of the required roundabout link at a more northernpart of this central area of the CGA, in particular noting linkages to the CGA further west

Response: This would be delivered at a later stage in the development of this part of the CGA. It isaccepted from a planning and roads perspective that this does not require to be provided as part ofthis application. Actual design would require to be developed and assessed as part of the appropriateapplication. It is acknowledged that there is an expectation that this is likely requires to link to theCGA to the west and communication between parties are encouraged.

Conclusions

9.1 In conclusion, following assessment of the application and notwithstanding the objections received, itis considered that the proposed residential development satisfactorily complies with the relevantpolicies of the North Lanarkshire Local Plan and the terms of planning permission 131019581PPP. It istherefore recommended that planning permission is granted subject to conditions.

Application No:

1 6/02253/FUL


Installation of Plant (Combined Heat and Power Unit) with a22m High Stack and Grid Connection Apparatus EnclosureSite Address:

3 Dunnswood RoadWardparkCumbernauldG67 3EN

Date Registered:

2nd December 2016

Applicant:Energen Biogas3 Dunnswood RoadCumbernauldGlasgowG67 3EN


Agent:N/A


Ward: Representations:004 Abronhill, Kildrum And The Village No representation was received.Stephen Grant, Elizabeth Irvine, Tom Johnston,



The proposed development meets the criteria set out in the economic development and wastemanagement policies contained within the North Lanarkshire Local Plan. The proposeddevelopment is acceptable in terms of its impact upon the waste management site and thesurrounding area. As such the proposal complies with Policy ED! 1A (Industrial and BusinessAreas) in the adopted North Lanarkshire Local Plan. The proposed development is consideredto be acceptable and will not significantly detract from the amenity of the application site or thesurrounding area.


except as may otherwise be agreed in writing by the Planning Authority, the developmentshall be implemented in accordance with drawings: − Location Plan, Block plan PL01 Rev E,EDS−PR0248−0005 Rev 3 and STD−GC−003


2. That the design, installation and operation of any air conditioning/ventilation or other plant forthe commercial part of the proposed development and any other noise associated with thecompleted commercial development shall be such as will not give rise to a noise level,assessed with the windows open, within any dwelling or noise sensitive buildings in excess ofthe equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 22.00 hours andN.R.C. 25 at all other times.

Reason: In the interests of the amenity of nearby residents.

That BEFORE the development hereby permitted starts, a scheme of replacement planting(biodiversity enhancement) equivalent in area to that lost to the development shall be submittedto, and approved in writing by the Planning Authority, for the avoidance of doubt it shallinclude:−(a)

Details of trees protection measures adjacent to the site during the development

(b) a scheme of replacement tree and shrub planting, incorporating details of thelocation, number, variety and size of trees and shrubs to be planted;

(c) a detailed timetable for all biodiversity enhancement works which shall provide forthese works being carried out contemporaneously with the development of the site.

Reason: To enable the Planning Authority to consider these aspects in detail, to ensure theretention and enhancement of the sits ecological value.

4. That prior to the development hereby permitted being completed, all planting in the scheme oflandscaping and planting, approved under the terms of condition 3 above, shall be completed;and any trees, shrubs, or areas of grass which die, are removed, damaged, or becomediseased within two years of completion of the development, shall be replaced within thefollowing year with others of a similar size and species.

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

That should 12 months or more elapse between the timing of the initial ecological survey byAuiritas wild life survey dated October 2016 hereby approved, and development commencing,a further survey shall be undertaken on the site to determine the presence of any statutorilyprotected species, the said survey shall thereafter be submitted to and approved in writing bythe Planning Authority before any development commences on the site. As a result of thestudy, should any mitigation measures be required for any protected species, this shall beimplemented in accordance with the species protection plan agreed in writing with the PlanningAuthority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection ofBadgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.'

Background Papers:


Greenspace (ecology & access) memorandum received 17t1 January 2017.Environmental Health (including Pollution Control) memorandum received 17th January 2017.Scottish Environment Protection Agency letter received 30th January 2017


Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632500

Report Date:

3rd February 2017

APPLICATION NO. 16/022531FUL

REPORT

1. Site Description

1.1 The site lies within an existing Anaerobic Digestion facility located at 3 Dunnswood Road,Cumbernauld, within an existing industrial estate (Ward Park). The area is characterised byestablished industrial/business units with the area adjacent to the existing facility beingcommercial units and yard areas. The site which is 1.85 (ha) in area includes a raised bankwhich the applicant intends to partially clear from the existing boundary vegetation and modifyin preparation for the installation of plant. The application site also includes and area of hardstanding set aside for the location of additional plant (combined heat and power unit andtransmission plant) this area is out with any part of the existing access or servicing areasassociated with the current Anaerobic Digestion facility.


2.1 This proposal seeks approval for the installation of a Combined Heat and Power Unit (CHP)with a 22m High Stack and transmission plant to facilitate additional energy capacitygenerated from the existing operation. There are currently three of these (CHP) units on thissite associated with the current operation of the existing Anaerobic Digestion unit atDunnswood Road. The combined heat and power (CHP) is a reciprocating gas engine thatuses the energy in biogas to produce electricity which is then fed direct to the grid , as suchthe application includes glass reinforced plastic housing for the onward transmissionapparatus, measuring 3 metres in height with a footprint of approximately 30.5 metres square.The (CHP) unit measures 3.4 metres in height with a footprint of approximately 102 metressquare with a stack 22 metres in height.


3.1 The applicant has submitted a report on protected species in support of their application.

4. Site History

4.1. Relevant and recent planning history includes the following applications:

• 08/01 376/FUL Construction of Anaerobic Digestion Plant application approved 6thNovember 2008.

5. Development Plan



5.2 The site is zoned as EDI 1 Al Existing Industrial and Business Areas in the NorthLanarkshire Local plan; policies EDI3 Al Recycling Centres, DSP 4 (Quality ofDevelopment) and Supplementary Planning Guidance (SPG) 10 Assessing PlanningApplication for Waste Developments is also material to the assessment of this application.

6. Consultations

6.1 SEPA confirmed no objection to the planning application and that the applicant has applied toSEPA regarding their licensing variation.

6.2 Protective Service (Pollution Control) has no objection to the proposal provided noiselevels during installation and operation of the equipment do not exceed the recommendedNoise Rating Curve (NRC) levels. A Condition is recommended, as a precaution, to ensure

the recommended Noise Rating Curve (NRC) levels will be achieved during the operation ofthe proposed additional facility.

6.3 Greenspace services noted that a protected species survey was undertaken in October2016, and generally accepted the findings of this survey, commenting that allrecommendations within the survey should be taken forward. These should include clearanceof the site out with the breeding bird season, further surveys if work on site has notcommenced within 1 year of previous surveys, planting of native trees and shrubs to mitigatefor the loss of part of the woodland strip if development is to proceed. It is recommended thatthe foregoing points are carried forward as conditions and informatives.

7. Representations

7.1 No objections were received following a local press advertisement. Adjacent neighbouringland has no buildings positioned within the 20 metres neighbour notification buffer.


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

8.2 The application site is located within established industrial area which is covered by PolicyEDI 1A (Industrial and Business Areas). Development Strategy Policies, (DSP 1−4) are alsoconsidered.

8.3 Policy EDI 1A (Industrial and Business Areas) supports the continuing industrial and businesscharacter of existing industrial and business areas. Therefore, the key consideration iswhether the proposed installation of the proposed plant and stack would adversely impact onthe overall business/industrial character of the area. In this regard, this proposal will result indevelopment in keeping with the character of this established business/industrial area. The22m stack is set against a back ground of existing (operation) industrial infrastructure andtank field, in an existing designated industrial area; the proposal could not reasonably beconsidered a significantly incongruous structure. It should be noted that plant and machinerycan normally be erected up to 15m in height without the need for planning permission.

8.4 The North Lanarkshire Local Plan also requires proposed developments to be assessedagainst Development Strategy Policies; DSP 1(Amount of Development), DSP 2 (Locationof Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). Inthis instance, due to the scale, location and nature of the development, the proposal willonly be assessed against DSP 4 (Quality of Development).

8.5 Policy DSP4 states that development will only be permitted where high standards of siteplanning and sustainable design are achieved. Proposals should demonstrate that theproposed development integrates into the wider area in terms of design, scale, and noise.DSP4 also requires that waste facility proposals should also address energy and resourceissues in order to create a sustainable development through effective storage, collection ofwaste and recyclable materials. In effect, this additional plant is a continuation of thisprinciple established by the existing permission (paragraph 4.1), improving further anexisting sustainable waste facility at an approved location.

8.6 Considering, the design and amenity implications it should be noted the plant would beerected to the rear of the existing facility, adjacent to large industrial structures positioned inthe immediate background. The proposed plant would be largely hidden from view by theremaining boundary landscaping surrounding the site, with only sequential views of the plantvisible to the immediate Forest Road. There are no nearby dwellings that will be significantlyimpacted upon by the development. Given the foregoing, It is considered that the relativelylow visual impact and the presence of existing infrastructure and plant integrating with thisadditional proposed it is reasonable to conclude that the impact on the existing industrial areais acceptable thereby complying with this policy.

8.7 In turning to the potential for noise pollution, following consultation with pollution control it wasconsidered that potentially noise producing plant which while being containerised andacoustically insulated, as a precautionary measure should be the subject of a planningcondition recommending acceptable Noise Rating Curve (NRC) levels are achieved.

8.8 The applicant proposes to remove a small area of boundary planting during the course ofinstalling the proposal. Policy (NBE 1 A) Protecting the Natural and Built Environment,considers development impact on the natural environment. The applicant submitted aprotected species survey, in support of the application which was found to be acceptable,requiring no further mitigation relating to habitat. Green space services did howeverrecommend that any boundary planting removed within this small area will be the subject ofan equivalent replacement landscape plan (native species) elsewhere along the siteboundary. The applicant has agreed to this measure and it is therefore recommended as thesubject of a planning.

9. Conclusions

9.1 In conclusion, the proposal is acceptable and in accordance with the criteria stipulated inEDI I A (Industrial and Business Areas) in the adopted North Lanarkshire Local Plan. It isconsidered that the overall character or viability of the business/industrial area would not beadversely affected, particularly taking into consideration the other businesses within theestate and surroundings. The proposal is in keeping with the character and amenity of thislocation. The application thereby concurs with the relevant foregoing planning policies.Taking account of these matters it is recommended that planning permission be grantedsubject to conditions

NORTH LANARKSHIRE COUNCIL

SUPPLEMENTARY REPORT

To: PLANNING AND TRANSPORTATION Subject:COMMITTEE

Application No: 16/02253/FUL

Installation of Plant (CombinedHeat and Power Unit) with a 22mHigh Stack and Grid ConnectionApparatus Enclosure

From Head of Enterprise and Place 3 Dunnswood RoadWard parkCumbernauldG67 3EN

Date 22ndMarch 2017 Ref: Planning PermissionNo: 161022531FUL

1. Purpose of Report

1.1 To note and take account of a member's request for clarification on potential noiselevels associated with the proposed installation of plant, Combined Heat and Powerunit (CHP) at the above site, and to dispose of the planning application in accordancewith the attached report.

2. Background & Considerations

2.1 The above application was put before the Planning and Transportation Committee on23 Id February 2017 where the members decided to continue the application whileclarification was sought on potential noise levels from the (CHP) plant until the 22 ndMarch 2017.

2.2 It should be noted that during the initial assessment of the application NLC PollutionControl requested that a condition be attached to any planning permission to restrictnoise to be within certain acceptable limits. As you will see from the report, such acondition is included in the recommendation.

2.3 The member, specifically, raised questions relating to the potential for noise impactand effective measures for controlling noise. In response, it is advised that followingclarification from the applicant and further consultation with Pollution Control, forfurther consideration, they confirmed that they are satisfied that any noise from the unitwould not cause a problem for the nearest noise sensitive property, which is an officeblock at Dunnswood House, some 140 metres away, and also note that they do notanticipate any noise issues arising with respect to residential properties, the nearest ofwhich is approximately 350 metres away. They also do not anticipate that noise fromthe (CHP) unit proposed would greatly affect the cumulative noise levels.

2.4 Additionally, any resident who considers that there is a noise nuisance may complainto Pollution Control, who would investigate to see if there is a level of noise that wouldbreach the statutory limits quite separate from the planning regime in terms of theControl of Pollution Act. The planning condition that is recommended would also haveto be adhered to, and if there was evidence to show that it was being breached thenthe Planning Service would take that up with the site operator, with the potential toserve a Breach of Condition Notice. Having checked their record, Pollution Controlhave indicated that they have never received any complaints regarding noise from thisparticular site.

3. Recommendation

3.1 Pollution Control have confirmed that they do not anticipate any noise issues from theinstallation of this Combined Heat and Power unit , as such, it is recommended thatplanning permission be granted ,subject to the conditions contained in the attached report.

&"taj

Shirley LintonHead of Enterprise and Place

(1s t March 2017)

Background Papers

Local Government Access to Information Act: for further information about this report, pleasecontact Gordon Arthur on 01236 632500.

Application No:

16/02281/FUL


Demolition of Existing Building and Erection of 40 DwellingsSite Address:

Site At22 Frood StreetForgewoodMotherwellMI−1 3TA

Date Registered:

29th November 2016

Applicant:Clyde Valley Housing Association & WilsonDevelopments LtdC/o DTA Chartered Architects Ltd

Application Level:

Agent:DTA Chartered Architects Ltd9 Montgomery StreetThe VillageEast KilbrideG744SS


Ward: Representations:016 Motherwell West 5 letters of representation received.Paul Kelly, Michael Ross, Annette Valentine,



Although the proposal is arguably at odds with the approved policy for the site ie.Industry/Community Facilities of the North Lanarkshire Local Plan, it is considered that the sitelends itself more to residential use than the local plan allocation as it is surrounded byresidential dwellings on all but one side and would integrate satisfactorily with the surrounding,predominantly residential area and would not result in any unacceptable adverse impact onestablished residential amenity.

0

0


Planning Application: 16/02281/FULName (of applicant): Clyde ValleyHousing Association & WilsonDevelopments LtdSite Address: Site At22 Frood StreetForgewoodMotherwellMLI 3TADevelopment: Demolition of ExistingBuildinq and Erection of 40 Dwellinqs

ANorth

LanarkhireCouncil


except as may otherwise be agreed in writing by the Planning Authority, the development shall beimplemented in accordance with drawing numbers:− L(0−)LP, L(1−)01 Rev L, 925−001, L(2−)01, L(2−)02,L(2−)03, L(2−)04, L(2−)05, L(2−)06, L(2−)07 and L(2−)08.


2. That BEFORE the development hereby permitted starts, full details of the facing materials to be used onall external walls and roofs shall be submitted to, and approved in writing by the Planning authority andthe development shall be implemented in accordance with the details approved under the terms of thiscondition.


3. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with thePlanning Authority, full details of the proposed surface water drainage scheme shall be submitted to thesaid Authority and shall be certified by a chartered civil engineer as complying with the most recentSEPA SUDS guidance.

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

4. That the SUDS compliant surface water drainage scheme approved in terms of Condition 3 above shallbe implemented contemporaneously with the development in so far as is reasonably practical. Withinthree months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineerexperienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDShas been constructed in accordance with the relevant CIRIA Manual and the approved plans.


5. That prior to the commencement of development, the applicant shall provide written confirmation to thePlanning Authority that all the requirements of Scottish Water can be fully met to demonstrate that thedevelopment will not have an impact on their assets, and that suitable infrastructure can be put in placeto support the development.

Reason: To ensure the provision of satisfactory drainage arrangements.

6. That no trees within the application site shall be lopped, topped, felled, or otherwise affected, withoutthe approval in writing of the Planning Authority.


7. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to,and approved in writing by the Planning Authority, and it shallinclude:−(a)

details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing;(b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size oftrees and shrubs to be planted;(c) a detailed timetable for all landscaping works which shall provide for these works being carried outcontemporaneously with the development of the site.

Reason: To enable the Planning Authority to consider these aspects in detail, to ensure high qualityvisual amenity.

8. That all works included in the scheme of landscaping and planting, approved under the terms ofcondition 7 above, shall be completed in accordance with the approved timetable, and any trees,

shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years ofthe full occupation of the development hereby permitted, shall be replaced within the following year withothers of a similar size and species.

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

9. That before any of the units hereby permitted are occupied, all the access, parking and manoeuvringareas serving those units, shall be levelled, properly drained, surfaced in a material which the PlanningAuthority has approved in writing before the start of surfacing work and clearly marked out, and shall,thereafter, be maintained as parking and manoeuvring areas. Thereafter, all off−street car parkingspaces shall be provided within the site, as described on the approved plans and shall, thereafter, bemaintained as car parking spaces.

Reason: To ensure adequate provision of access, parking and manoeuvring areas.

10. That BEFORE the development hereby permitted starts, full details of the design and location of allfences and walls to be erected on the site shall be submitted to, and approved in writing by the PlanningAuthority.

Reason: In the interests of amenity by ensuring that fences and walls are appropriate for the site and forthe general area.

11. That BEFORE any of the dwellinghouses hereby permitted, situated on a site upon which a fence orwall is to be erected, are occupied, the fence, or wall, as approved under the terms of condition 10above, shall be erected.

Reason: To ensure the provision of adequate boundary treatment at the site.

12. That BEFORE the development hereby permitted starts, a comprehensive site investigation requires tobe submitted. The investigation must be carried out in accordance with the British Standard Code ofPractice BS 10175: 2011 "The Investigation of Potentially Contaminated Sites". The report must includea site specific risk assessment of all relevant pollution linkages, carried out in accordance with theEnvironment Agency publication, Model Procedures for the Management of Land ContaminationCLRII, and be submitted in both hard copy and electronic format. Depending on the results of thisinvestigation a detailed remediation strategy may be required. Any remediation work required must becompleted and verification provided by the developer to the Local Authority's satisfaction.

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

13. That any remediation works identified by the site investigation required in terms of Condition 12, shall becarried out to the satisfaction of the Planning Authority. A certificate (signed by a responsibleEnvironmental Engineer) shall be submitted to the Planning Authority confirming that any remediationworks have been carried out in accordance with the terms of the Remediation Strategy.

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

14. That before any works start on site, details of the noise mitigation barrier to be erected along the wholelength of the northern boundary, as requested in the Report by New Acoustics dated 2nd February 2017,shall be submitted to and approved in writing by the planning authority and thereafter constructed beforeany dwellinghouses within the site are occupied and details of the future maintenance of said barriershall also be submitted and approved in writing by said authority.

Reason: In the interests of the amenity and wellbeing of future residents.

15 That notwithstanding the terms of this planning consent, no demolition or other works shall take placeon the building within the application site until further bat surveys are undertaken, to determine thepresence or not of bats as the potential for bat roosts has been noted in the Acorna Ecology Ltd Reportdated December 2016 and Addendum Report dated 9th March 2017. No work shall be carried out until

mitigation measures are agreed in writing with the Planning Authority in consultation with ScottishNatural Heritage.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (asamended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (asamended); and the Nature Conservation (Scotland) Act 2004.

16. That any mitigation works identified by the further bat surveys in terms of condition 15 above shall becarried out in accordance with the terms of the bat survey; to the satisfaction of the Planning Authority.

Reason: To ensure compliance with The Conservation (Natural Habitats & C.) Regulations 1994 (asamended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (asamended); and the Nature Conservation (Scotland) Act 2004.

17. That notwithstanding the terms of conditions 15 and 16 above and that before the development herebypermitted starts, a Bat Method Statement covering all demolition and construction works shall besubmitted to, and approved in writing by the Planning Authority in consultation with Scottish NaturalHeritage.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (asamended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (asamended); and the Nature Conservation (Scotland) Act 2004.'

18. That any mitigation works identified by the Bat Method Statement in terms of condition 17 above shallbe carried out in accordance with the terms of the Bat Method Statement; to the satisfaction of thePlanning Authority.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (asamended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (asamended); and the Nature Conservation (Scotland) Act 2004.'

Background Papers:


Local Development Plan TeamEmail response from Education dated 2nd December 2016Memo from Traffic & Transportation dated 3rd March 2017.Memo from Environmental Health (including Pollution Control) dated 22Iid December 2016, 3 March 2017 and13th March 2017Memo and emails from NLC Greenspace dated 2 nd December 2016, 1t March 2017 and 13" March 2017


Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632500

Report Date:

15 March 2017

APPLICATION NO. 16/02281/FUL

REPORT

1. Site Description

1.1 The application site consists of a substantial steel portal frame building (clad in brick and roughcast)set within a yard. The yard comprises a tarmac circular traffic route around the building and areas ofparking. There is well in excess of 100 vehicles scattered around the yard area. Access is taken fromFrood Street with the main body of the site opening up some 55 metres back from the public road.The premises are partially used as a tyre, exhaust and MOT centre. A yard area to the rear of theaforementioned premises forms part of the application site. This is presently accessed from currentindustrial premises to the north and is partially used for vehicle storage purposes eg. lorries and cars.

1.2 The site is set within a predominantly residential area and is bounded by residential properties to thesouth east and west and by industrial premises to the north. A play area is located adjacent to theexisting/proposed access to the site. The site is fairly flat and is long and narrow measuring some 1.4hectares (3.4 acre). There are trees located within the site, predominantly on the boundaries of thesite. A condition is proposed requesting details of all trees within the site to be removed/retained.


2.1 The applicant seeks permission for the construction of 40 residential dwellings, consisting of 30 twostorey semi−detached dwellings, 18 of which (type D) have 2 bedrooms and 12 type C which there are3 bedroom. 10 flatted dwellings are also proposed, 6 of which are 1 bedroom apartments (type A) and4 are 2 bedroom (type B). Access is to be taken via the existing access to the site, albeit that it is tobe improved. All dwellings take access off this road leading to a 2 car driveway, with the exception ofthe flatted dwellings that have a parking court to the side of them. 6 visitor parking spaces areproposed between the entrance to the site and the first dwelling.


3.1 The applicant has submitted a Noise Impact Assessment, a Protected Species Report and a TransportStatement.

4. Site History

4.1 Planning permission was approved on 4th May 2007 for Change of Use of Distribution Depot to Tyre,Exhaust and MOT Centre (ref.no. 05/01933/FUL)

5. Development Plan

5.1 The application raises no strategic issues associated with the application, it can therefore be assessedin terms of Local Plan policies.

5.2 In terms of the North Lanarkshire Local Plan 2012, the site is located within areas identified as aCommunity Facility where Policy HCF1 Bi applies and an Industrial and Business area where policyEDI 1 A l applies. This policy seeks to maintain community well−being in residential areas byprotecting community facilities and protect and support existing industrial areas. For information, theapplication site is a commercial operation and has never been a community facility. The previous twolocal plans identified the site as a Commercial/Industrial area. The more appropriate policies inconsidering the proposal should be HCF1A (Protecting Residential Amenity − Residential Areas) andDSP Policies and, in particular DSP4 (Quality of Development).

6. Consultations

6.1 NLC Traffic and Transportation have no objections to the proposal providing visibility splays of 4.5 x60 metres are provided and maintained at the proposed junction with Frood Street. Appropriatein−curtilage

parking should be provided for each dwelling as well as visitor parking at 30% of thedevelopment. Visitor parking should be evenly distributed throughout the development and preferably

in pairs. The visibility splay is unachievable due to driveway positions of existing dwellings on FroodStreet, however, as it is an existing access to a commercial activity and has been used as such for anumber of years, including an electrical wholesale distribution company, it is considered that theaccess is established and will arguably not be significantly busier than a Class 6 (storage andDistribution) use could be. It is not possible to provide all visitor parking spaces in pairs due to thelimited size of the dwellings proposed, therefore a number of single bays are proposed (5). As the siteis a fairly contained development and there is no through road, it is considered that this visitor parkingarrangement is adequate in this instance.

6.2 NLC Education has confirmed that the local schools in the catchment area have sufficient capacity toaccommodate any pupils from this development and will not be requesting a Developer Contribution.However, in the event that this development is not complete within 5 years of the date of permissionthey reserve the right to seek further developer contributions based on school populations and otherlocal developments at that time.

6.3 NLC Pollution Control has stated that due to the previous industrial land use within the vicinity of thesite, a site investigation is required in accordance with BS 10175:2001 "The Investigation of PotentiallyContaminated Sites". Furthermore, a Noise Impact Assessment was requested as the proposeddevelopment is likely to be affected by noise from adjacent industrial premises as there have beencomplaints from existing, adjacent dwellings relating to excessive noise from the premises. Anacoustic barrier has been recommended as mitigation against the noise, details of which have beenrequested through a condition.

6.4 NLC Greenspace have no objections to the proposal provided that Bat potential within the building tobe demolished is fully investigated to the satisfaction of the Council in consultation with ScottishNatural Heritage.

7. Representations

7.1 Following the standard neighbour notification process and newspaper advertisement, 5 letters ofrepresentation were received. Their concerns are asfollows:−Road

Safety

• Concerns about increased traffic and noise. An busy NHS facility is located opposite the entranceto the site, additional vehicles in the area will add to the already problematic traffic speeds andsafety issues. A road safety survey should be carried out.

• Traffic calming should be installed if more houses are being built.• Is access possible from Nethan Street as, if so, this would help alleviate increased traffic and

congestion concerns.• Increased traffic onto BelIshill Road is already a problem. Is it possible to put in a roundabout at

this junction?Environmental Issues

The development will have a detrimental impact on local wildlife especially if the trees are beingremoved. The site hosts a variety of birds, some of which are in decline. Other animals includingfoxes, hedgehogs are located within this areaDuring the construction phase there will be litter, dust and noise caused by construction traffic andworkers. The site must be secured and measures put in place to negate these issues. A barriershould be put up along both sides of the access during the construction phase. What is theestimated timescale for construction work at the site and what are the hours of operation.


8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisionsmust be made in accordance with the development plan unless material considerations indicateotherwise.

8.2 Development Plan: North Lanarkshire Local Plan (NLLP): The site is covered by local plan policiesPolicy HCF1 Bi (Community Facility) and EDI 1 Al (Industrial and Business Areas). Policy HCF1 BI

aims seeks to maintain community well−being in residential areas by protecting those communityfacilities shown on the proposals map. This land use allocation within the approved North LanarkshireLocal Plan 2012 is a drafting error, as no part of the application site is or has been a community facilityin the past. It is therefore difficult to state the policy position in this regard other than that the site hasbeen used for commercial purposes in the past ie electrical contractor and latterly as a MOT/Tyregarage. Residential areas are located to the south, east and west of the site, therefore the site isarguably more suited to a residential use, provided that it complies with all other relevant criteria.

8.3 Part of the site (approx 50%) is allocated as an Industrial and Business Area where policy EDI 1 Alapplies. This policy states that the Council will support the continuing industrial and businesscharacter of existing industrial and business areas, where appropriate, by considering the relevantcriteria such as considering ancillary development, changes of use, surplus industrial and businessland supply and considering suitable alternative sites. The part of the application site that is allocatedas industry is currently vacant, albeit that there is an element overspill haulage vehicles/cars located tothe north of the site which are not associated with the MOT garage that operates out of the southernpart of the site. There industrial premises to the north of the application site is fully operational withoutthe need for this area, nor has it been utilised for any intensified industrial/business use in the past. Itis considered that, due to this parcel of land being located in−between established residential areas,that it would lend itself more for residential purposes than industrial/business use and this wouldprevent a 'bad neighbour' situation for any would be tenant/owner of the land.

8.4 The physical impact of the proposal is also considered in the North Lanarkshire Local Plan (NLLP)which requires proposed developments to be assessed against policies DSP 1 (Amount ofDevelopment), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Qualityof Development). Due to the limited nature of the development, Policy DSP 1 is not relevant. PolicyDSP2 considers the location of development, Policy DSP3 considers impact of developments whilstDSP4 considers detailed design and both policies are discussed below.

8.5 Policy DSP 2 covers the location of development. Amongst other matters, this policy specifies that fordevelopments to be acceptable, they should be consistent with locational criteria including, the use ofbrownfield sites, supporting the hierarchy of sustainable transport modes, safeguarding vitality andviability of centres (concurs with policy, RTC3 (Assessing Retail and Commercial Development)) inconsidering the foregoing the proposal accords with this policy.

8.6 Policy DSP3 considers the Impact of Development. The scale of this proposal is such that it would notplace additional demands on community facilities or infrastructure that would necessitate new facilitiesor improvements in existing provision.

8.7 Policy DSP4 considers the quality of development. In this respect the proposal achieves anacceptable quality of development. The proposal is utilising an existing commercial operation in whatis a predominantly residential area. The proposal is more appropriate than a commercial use norindeed an industrial use which would comply with the industrial/business land use allocation for thenorthern part of the application site. Certain assessment criteria is considered when assessingproposals against this policy which are addressed below:

8.8 Part I & 2: Adequate drawings and surveys make it possible to adequately appraise the site,surrounding area and the proposals. The development is not considered to have a detrimental impacton archaeological interests, historic environment, landscape features and wildlife interests.

8.9 Part 3(a) Siting, Overall Layout, density, form, scale, height, massing, proportion, detailing, colour,materials and open space and Part 3(f) integrating successfully into the local area and avoiding harmto the neighbouring amenity.

In terms of layout, the residential properties in the surrounding area are two storey, predominantlysemi−detached pitched roof facing brick/roughcast dwellinghouses. The proposed massing and scaleof the development is considered acceptable for the site being two storey dwellings and flats.

8.10 The Developers Guide to Open Space minimum space around dwellings guidance is achieved for the30 semi−detached dwellings located within the development as they have appropriate front and reargardens and the distance to side boundaries is acceptable. The guidance requires that flatted

properties meet the open space requirements of 20 m2 amenity space per bedroom. As the flattedelement of the development will provide a total of 14 bedrooms, 280 m2 of open space is required. Theproposal provides approximately 500m2 of open space, which is considered acceptable.

8.11 The layout ensures that there is no unacceptable adverse impact on residential amenity of adjacentneighbouring properties in terms of privacy, overlooking or overshadowing and, for the reasonsoutlined above, the development will in all other respects integrate satisfactorily with the surroundingarea.

8.12 Part 3(b) safe inclusive convenient and welcoming development. Attractive pedestrian links,integration with public transport, green networks, wider links, access for cars and appropriate carparking being well located. The application site is located within a predominantly residential area withgood footpath and transport links and adequate parking and manoeuvring areas.

8.13 Part 3(c) Sustainable Development: The proposal accords with the principles of sustainabledevelopment as it reuses an existing site within a predominantly residential setting with excellentpedestrian and transport links to the wider Motherwell area. It is also ideally located near a bus route.

8.14 Part 3(d) Mitigating likely air quality, noise or pollution impacts: The development of the site would notresult in a significant increase in residential units and, as such, is highly unlikely to increase anyimpact on air quality. It is acknowledged that there will be noise associated with construction works,however this impact will be temporary. Ground investigation works will be undertaken and, should anycontaminants be found as a result of the investigation, suitable mitigation works would be carried out.A noise report has been submitted and approved by Protected Services.

8.15 Part 3(e) Protecting Water bodies and SUDS/Drainage: There are no water courses within the sitewhich require specific protection. A planning condition requires the submission of a detailed certifieddrainage scheme.

8.16 Neither Greenspace, Roads and Transportation nor Protected Services have any objections to theproposal, subject to the imposition of appropriate conditions.

9. Representations:

9.1 A summary in response to the comments received asfollows:−Road

Safety

• Roads and Transportation have assessed the proposal and are satisfied that the site can bedeveloped without detriment to the area. The area doesn't meet the criteria for adding trafficcalming measures along Frood Street even with the perceived increased traffic.

• Accessing the site via Nethan Street is not an option as the application site does not share aboundary with it.

• A development of this nature does not necessitate the construction of a roundabout at BelIshillRoad.

Environmental Issues

A protected Species study has been completed for the site in accordance with EuropeanLegislation to establish the presence or not of European Protected Species. Some of the treesare to be retained within the site which will ensure that there will be areas for wildlife to flourish.The applicant will be required to secure the site for Health and safety reasons and must complywith Protected Services criteria when it comes to noise and dust being generated from the site.The Council is not in a position to force the developer into erecting a temporary barrier betweenthe site and adjacent houses to help alleviate potential noise and dust migration. As stated abovethis would be controlled by Protected Services under their legislative powers. The Council has noway of knowing what the timescales are for completing the development. If permission is granted,the developer has 3 years to start the development. Protected Services have legislative powers toenforce noise thresholds on developers during the construction stage.

10. Conclusions

10.1 Taking the above assessment into account, it is considered that this development generally accordswith local plan policy, albeit that half the site is allocated as a Community Facility when it is a historiccommercial site and half of the site is allocated as industry/business. Residential use on the site isconsidered more appropriate that the present vehicle MOT testing /Tyre garage or an industrial yard.In terms of the policies affecting the adjacent residential area, in particular Policy HCF 1A andDSP1−4,

it is considered that it will integrate satisfactorily with the surrounding area and cause no adverseimpact on established residential amenity. Therefore, for the reasons detailed in the planningassessment above, and notwithstanding the representation received, it is recommended that planningpermission be granted subject to conditions.

Application No:

16/0231 4/FUL

Date Registered:

7th December 2016

Applicant:

PMH Developments LtdCedar HouseGreenwood CloseCardiff Gate Business ParkCardiffWalesCF14 9HS

Application Level:

Major Application

Ward:


Erection of a Storage and Distribution Unit with Associated CarParking, Servicing Areas, Landscaping and an AttenuatedDrainage Strategy

Site Address:

Site To The West OfWoodsideEurocentralHolytownNorth Lanarkshire

Agent:

UMC ArchitectsNewark Beacon Innovation CentreCafferata Way,NewarkUnited KingdomNG24 2TN

Contrary to Development Plan:

No

Representations:

015 Mossend And Holytown 1 letter of representation received.David Baird, James Coyle, Frank McNally,

Recommendation:



The development meets the criteria set out in the relevant policies contained within the NorthLanarkshire Local Plan. The development can be accommodated without detriment to theEurocentral Industrial and Business Park and wider surrounding area.

ProposedConditions:−1.

That, except for the requirements of conditions below or as may otherwise be agreed in writing by thePlanning Authority, the development shall be implemented in accordance with drawing numbers: POOlA, P002, P003, P004, P005 A, P006, P007, P008, P009, 8572_601


2. That before the development hereby permitted starts, full details of the design and location of all fencesand walls to be erected on the site shall be submitted to, and approved in writing by the PlanningAuthority. The fences approved shall thereafter be constructed prior to the occupation of the unit.


3. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with thePlanning Authority; full details of the proposed surface water drainage scheme shall be submitted to thesaid Authority and shall be certified by a chartered civil engineer experienced in drainage works ascomplying with the most recent SEPA SUDS guidance.

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

4. That the SUDS compliant surface water drainage scheme approved in terms of Condition 3 shall beimplemented contemporaneously with the development in so far as reasonably practical. Within threemonths of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experiencedin drainage works) shall be submitted to the Planning Authority confirming that the SUDS has beenconstructed in accordance with the relevant SEPA SUDS guidance.

Reason: To safeguard adjacent watercourses and groundwater from pollution.

5. That before the development starts, the applicant shall provide written confirmation to the PlanningAuthority that all the requirements of Scottish Water, have been fully met in respect of providing thenecessary site drainage and water infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site infrastructure.

6. That before the development hereby permitted is brought into use, all the roads, parking, footpaths andmanoeuvring areas, shown on the approved plans, shall be levelled, properly drained, surfaced in amaterial which the Planning Authority has approved in writing before the start of surfacing work andclearly marked out, and shall, thereafter, be maintained for the approved purpose.

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

That should 6 months or more elapse between the timing of the initial ecological surveys datedNovember 2016 hereby approved, and development commencing, further surveys shall be undertakenon the site to determine the presence of any statutorily protected species and the said survey shallthereafter be submitted to and approved in writing by the Planning Authority before any developmentcommences on the site. As a result of the study, should any remediation measures be required for therelocation or protection of any protected species, these shall be implemented in accordance with atimetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritagebefore works commence on the site.

Reason: In the interests of nature conservation and to safeguard protected species and to ensurecompliance with The Conservation (Natural Habitats & C.) Amendment (Scotland) Regulations 2007.

The BEFORE the range hereby permitted comes into use, details of all external lighting for within thesite shall be submitted to and approved by the Planning Authority, and any lighting erected within thesite shall be installed in accordance with the details approved under the terms of this condition. For theavoidance of doubt lighting details should concur with best practice as published by the BatPreservation Trust.

Reason: In the interests of safeguarding the foraging habitat of protected species.

Background Papers:


Memo from Transportation received 17th February 2017Memo from Protective Services received 3rd March 2017Memo from Scottish Environment Protection Agency received 15th December 2016Letters from Scottish Gas Network received 23 December 2016 and 28th February 2017Email from Scottish Water received 9th January 2017Memo from Greenspace received 22d January 2017


Any person wishing to inspect these documents should contact Mr Graham Smith at 01236 632500

Report Date:

3rd March 2017

APPLICATION NO. 16/02314!FUL

REPORT

1. Site Description

1.1 The application site is an undeveloped business plot on the western edge of Eurocentral at the end ofWoodside. The site is 3.75 ha of relatively flat open space with no vegetation and is surrounded byfields and a landscaped embankment to the north and east with another vacant plot to the west andindustrial units to the south.


2.2 Permission is sought for a rectangular shaped storage and distribution centre 6,506 square metres infootprint with its own ancillary office space over two storeys, and associated car parking and servicing.The design would incorporate a frontage onto Woodside with a shallow roof pitch and the buildingfinished in a mixture of cladding and glazing. An existing access would be used by any HGVs whowould then be able to manoeuvre around the building with areas of hardstanding dedicated to turningand parking and a separate access created for customers and smaller vehicles.


3.1 Design and Transport statements were submitted as part of the application along with an EcologicalSurvey, Public Consultation Report and Energy Compliance Report.

4. Site History

4.1 A Proposal of Application Notice was submitted for the development (reference: 16/01689/PAN) alongwith a request for an EIA Screening Opinion which confirmed that an EIA was not required (reference:16/01 952/EIASCR).

4.2 Recently within the vicinity of the access of this site permission was granted for an extension toWoodside which will provide a future access link to the development site to the west (Orchard Farm)where permission exists for an industrial/business development.

5. Development Plan

5.1 The site is zoned as EDI 2A (Industrial and Business Sites) and EDI 1 B2 (Strategic Locations forBusiness and Industry) on the adopted North Lanarkshire Local Plan 2012.

6. Consultations

6.1 The following consultees raised no objections:

• Transportation subject to conditions requiring a turning facility, visibility splays to be provided,the gatehouse moved back into the site and amendments to the access. They also raised aconcern about parking provision within the site once the use is fully operational.

• Protective Services• SEPA noting that part of the site is within an area with a medium to high risk of surface water

flooding and recommending further consultation with the local flood prevention authority andScottish Water and that best practice is adhered to in terms of the latest SUDS guidance.

• Scottish Gas• Scottish Water• Greenspace

7. Representations

7.1 One letter of representation was received from a neighbouring business owner. They raised noobjections to the development but highlighted that in the future they may seek to build an additionalaccess onto Woodside and would like that to be considered during the course of this application.


8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997, requires that planning decisionsmust be made in accordance with the development plan unless material considerations indicateotherwise.

Strategic Development Plan

8.2 The application is of a strategic scale and requires to be considered under the terms of the Glasgowand the Clyde Valley Strategic Development Plan (GCVSDP) (May 2012). The fundamental principlesof GCVSDP note that development and investment proposals whose location and developmentcompatibility accords with the Spatial Development Strategy and its related frameworks, will bedeemed to support the Spatial Vision and Strategy, subject to their detailed specifications and contentbeing acceptable to the local development planning and development management provisions of therelevant local authority. In terms of the Spatial Vision, diagram 7 sets out the key components of theSDP. Under 'Urban Fabric' this indentifies that recycled brownfield land, the vacant and derelict landresource will be used as a development priority and environmental priority and will be central todeveloping a quality of life needed to attract economic activity. The urban fabric will be renewed,based upon passive carbon neutral and energy efficient building standards. In considering theproposals against these criteria it is noted that development will be on a vacant site within Eurocentraland will meet energy efficient building standards.

8.3 In addition, Eurocentral is identified as a Strategic Economic Investment Location (SElL) in the SDP.Strategy Support Measure 3 identifies that these are the city−region's strategic response to long termsustainable economic growth. It also notes that equally, the opportunity locations require promotion forinvestment based upon their defined role and function, with subsequent safeguarding in LocalDevelopment Plans for the uses set out in Schedule 2. In Schedule 2 the key sectors identified forEurocentral are distribution and logistics and this is a new location for development for these uses.The proposed development is considered to be in accordance with the key sectors identified forEurocentral and is in compliance with the spatial vision and development strategy of the SDP.

Local Plan

8.4 The site is designated under policy EDI 2A (Industrial and Business Sites) and EDI 1 B2 (StrategicLocations for Business and Industry) in the North Lanarkshire Local Plan 2012. Policy DSP 4 (Qualityof Development) is relevant along with Supplementary Planning Guidance (SPG) 14 (Industrial andBusiness Development).

8.5 Policies EDI 2A, EDI 1 B2 and SPG 14 all promote industrial and business developments within thissite and Eurocentral and protect the business character of the area against incompatible uses. Thestorage and distribution use proposed is in line with what this policy and guidance promotes and wouldcontribute to the commercial character of the wider business area. The proposal is thereforeacceptable subject to further assessment against DSPs 4.

8.6 Policy DSP4 (Quality of Development) requires a high quality of development by ensuring proposalsintegrate well into the surrounding area by taking into account various considerations such as theimpact of the use on the amenity of surrounding properties, design, any environmental issues and alsoany transportation implications. The site itself is remote from any residential properties and theproposal is line with the commercial context of its surroundings and it is not considered that anyadverse loss of amenity would occur in terms of privacy, overshadowing or disturbance as a result ofthe development. Reports on the impact of the development on air quality and ecology have beensubmitted and no objections were raised by the relevant consultees. In terms of the design, size andscale of the unit, this is considered to be in keeping with the character of the surrounding area andenables the applicant to benefit from a purpose built and energy efficient facility which meets theircorporate objectives. In terms of the Transportation implications of the development, a TransportationAssessment has found that there is sufficient capacity in the local road network and the recommendedconditions of Transportation has been incorporated. It is considered that the development could beincorporated within the site without any significant impact on the surrounding road network. As suchthe impact of the proposal is considered to be acceptable and the development accords with DSP 4,EDI 2A, EDI 1 B2 and SPG 14.

Representation

8.7 In relation to the point raised by the adjacent business the future intentions of a neighbouring propertycould not be a material consideration for this application. Should the neighbour intend on forming anaccess at this location at a later date this would not require planning permission and would be dealtwith separately by Transportation.

Consultation

8.8 In response to the SEPA comments standard conditions are proposed requiring the SUDS to bedesigned in accordance with current best practice and then to be implemented as such. With respectto the parking concern from Transportation, the applicant has provided further commentary confirmingthat the facility will be primarily serviced by an owner/driver fleet and that there are parking and waitingareas throughout the site. Furthermore they specify that this level of provision is in line with similarsized DPD facilities and it is therefore considered that adequate parking exists within the site.

9. Conclusions

9.1 In conclusion it is considered that the proposal is acceptable as the storage and distribution facilityproposed is considered to accord with the land use of the surrounding commercial area and is of adesign that is acceptable and can be accommodated within the site without detriment to thesurrounding area. As such the proposal accords with the relevant policies of the North LanarkshireLocal Plan and it is recommended that planning permission be granted.

Application No:

1 6/02346/FUL

Date Registered:

8th February 2017

Applicant:Telefonica260 Bath RoadSlough, BerkshireEnglandSL1 4DX



Installation of a 21 metre Slimline Lattice Mast with 3 no.Antennae, 2 no. 300mm Dishes, Radio Equipment Housing andAncillary Development

Site Address:

Woodend FarmDullatur RoadKilsythG65 OPZ

Agent:WFS TelecomSuite 1524 Pavilion 4, St James Business ParkLinwood RoadPaisleyScotlandPA3 3AT


Ward: Representations:001 Kilsyth No letters of representation received.Jean Jones, Heather McVey, Alan Stevenson,

Recommendation:



The proposed development meets the criteria set out in the relevant policies of the NorthLanarkshire Local Plan 2012 in that the proposed telecommunications installation can beaccommodated without detriment to the character and setting of this rural area and there is noimpact on the amenity of local residents which is therefore considered to be acceptable.


except as may otherwise be agreed in writing by the Planning Authority, the developmentshall be implemented in accordance with drawing numbers:− 100 C, 201 C and 301 C.


2. That in the event that the telecommunications equipment, supporting structure or the apparatuswithin the site becomes redundant it must be removed to the satisfaction of the PlanningAuthority within one month of becoming redundant. If the site ceases to be used fortelecommunications transmission, it must be reinstated to the satisfaction of the PlanningAuthority within six months of cessation.

Reason: To minimise the level of visual intrusion and to ensure the reinstatement of the site to asatisfactory standard.

Background Papers:

Consultation Responses:None

Contact Information:Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632500

Report Date:8th March 2017

APPLICATION NO. 16102346/FUL

REPORT

1. Site Description

1.1 The application site is located to the south of Stirling Road and to the north of Coach Road,Kilsyth. The application site is within an area of open countryside with scattered trees andshrubs bisected by a network of paths. The site is bounded by similar rural land to thenorth, south and west while to the east is Woodend Farm. The wider site is enclosed bylivestock proof post & wire fencing. The location of the proposed telecommunications mastlies centrally within the site on top of a small mound which is wooded.


2.1 This application seeks full planning permission for the installation of a 21 metre slimlinelattice mast with 3 no. antennae, 2 no. 300mm dishes, radio equipment housing andancillary development at Woodend Farm, Dullatur Road, Kilsyth. The proposed mast willbe located in the centrally within the application site and will be a slim latticetelecommunication style mast.


3.1 The applicant has supplied a supporting statement that indicates the proposeddevelopment seeks to strike the best balance between operational and environmental. Theapplicant has submitted additional supporting information including general backgroundinformation for telecommunications development, site specific supplementary information,health and mobile phone base stations documentation and ICNIRP declaration andclarification statement.

4. Site History

4.1 The relevant planning history of the application site is as follows:

• 16/00242/FUL Formation of Access Track for Agricultural Use (In Retrospect) −Approved 201h May 2016

5. Development Plan


5.2 In the adopted North Lanarkshire Local Plan, the application site is located within the greenbelt and is covered by Policy NBE 3A (Assessing Development in the Green Belt).

6. Consultations

6.1 No consultations were required to be undertaken.

7. Representations

7.1 Following the local press notice, no letters of representation have been received.


8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planningdecisions must be made in accordance with the development plan unless materialconsiderations indicate otherwise.

8.2 Development Plan − North Lanarkshire Local Plan 2012: The application site is zoned as

Green Belt is covered by Policy NBE 3A (Assessing Development in the Green Belt) whichaims to protect the Green Belt through a presumption against development other than thatassociated with appropriate rural uses such as those necessary for agriculture, forestry orhorticulture, facilities for outdoor recreation, tourism, telecommunications or otherappropriate rural uses etc. In this case, the proposed telecommunications installation isacknowledged as an acceptable form of development within a Green Belt location. In thisregard, this proposal for a new mast is located well within the wooded area which partlyscreens the proposal from public views from Stirling Road, therefore, the proposal will notresult in a detrimental impact on the character and appearance of the Green Belt. Inaddition, the proposed telecommunications installation is considered not to impact on theopen rural setting of this area of Green Belt. It is, therefore, considered that the proposal isin keeping with Green Belt policy NBE 3 A.

8.3 Policy EDI 3A 3 (Telecommunications) states that the Council supports in principletelecommunications proposals subject to their being no reasonable possibility of sharingfacilities or using existing buildings or structures, and development being sited anddesigned to reduce visual and environmental impact. Policy DSP4 (Quality ofDevelopment) states that development will only be permitted where high standards of siteplanning and sustainable design are achieved. The proposed telecommunicationsapparatus is considered to have a minimal visual impact as it is located within a woodedarea that acts as a screen to public views from Stirling Road. The applicant has submitteda supporting statement that states that the development seeks to strike the best balancebetween operational and environmental. The applicant has submitted additional supportinginformation including general background information for telecommunications development,site specific supplementary information, health and mobile phone base stationsdocumentation. The proposed siting and design has been chosen to minimise visualimpact. The development is therefore considered acceptable in terms of Policy EDI 3A 3and DSP4.

8.4 Effect on Local Amenity: Due to the lattice design, the proposal is considered to beacceptable and the design helps the mast blend into the wooded backdrop thus reducingthe visual impact of the proposal. No trees will be removed and it is, therefore, consideredthat the proposal is not detrimental to the visual amenity of the area.

9. Conclusion

9.1 In conclusion, the proposal is acceptable and in accordance with NBE 3A (AssessingDevelopment in the Green Belt) as well as policies ED) 3 A3 (Telecommunications) andDSP 4 (Quality of Development within the adopted North Lanarkshire Local Plan 2012. Theproposal is considered to be acceptable in terms of location and design and it will notimpact on the amenity of the adjacent areas. Taking account of these matters, it isrecommended that planning permission be granted subject to conditions.

Application No:

1 6/02385/FUL

Date Registered:

17th January 2017

Applicant:Mr John McAllister359 Shottskirk RoadShottsScotlandMI−7 5ET


Ward:012 FortissatCharles Cefferty,Robertson,


Change of Use from Class 5 (General Industry) to TyreRecycling Business (Sui Generis)Site Address:

Centrelink 5Calderhead RoadDykeheadShottsML74EQ

Agent:John G. Murray31 Waverley StreetLarkhallScotlandMI−9 1PY


Representations:No letters of representation received.

Thomas Cochrane, James

Recommendation:



The development meets the criteria set out in the relevant policies contained within theAdopted North Lanarkshire Local Plan. The development is acceptable in terms of its impactupon the A listed building and surrounding area.

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Reproduced by permission of Planning Application: 161023851FULthe Ordnance Survey on Name (of applicant): Mr John McAllister N j Northbehalf of HMSO. @ CrownCopyright and database right Site Address: Centrelink 5, Calderhead 4 Lanarkshire2009. All rights reserved. Road, Dykehead, Shotts, MI−7 4EQ fr..X, CouncilOrdnance Survey Licence Development: Change of Use from Class 7number 100023396. 5 (General Industry) to Tyre Recycling

Business (Sui Generis


except as may otherwise be agreed in writing by the Planning Authority, the development shall beimplemented in accordance with drawing nos. 1614/01 and 1614/02 and details given in the application.


That the permission hereby granted relates to a change of use only and, notwithstanding the provisionsof the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 asamended, no alterations shall be made to the internal or external appearance of the building.

Reason: To define the permission in the interests of the character and appearance of the listed building.

Background Papers:


Letter from Historic Environment Scotland received on 26 January 2017Memo from Transportation received on 25th January 2017Memo from Protective Services receivedon 18111 January 2017


Any person wishing to inspect these documents should contact Mrs Joanne Delaney at 01236 632500.

Report Date:

2nd March 2017


REPORT

1. Site Description

1.1 The application site comprises the north−eastern most unit of the A listed former Cummins factory offCalderhead Road in Shotts. Following the closure of the factory, it has since been sub−divided andsubject of a variety of uses. A vehicular access point north of the building leads to rear parking areaswhilst the application site unit also benefits from a side yard area. The factory building is adjoinednorth, east, and west by open fields and significant areas of woodland, whilst smaller industrialwarehouses lie opposite to the south.


2.1 The application unit is currently vacant but was formerly used for industrial purposes. Planningpermission is sought to change the use to form a tyre recycling business. No changes are proposed tothe building and access/parking/servicing facilities will also remain unaltered.


3.1 The applicant provided greater clarity on the nature of the tyre recycling business. Tyres will bebrought to the site by a transit van type vehicle which will reverse into the unit and deposit the tyreswhere they will be compressed, baled, and stored until a forklift can load them onto an articulatedHGV in the side yard for relocation off−site. The business will employ three staff and operate between0700−1900 Monday−Saturday. It is anticipated that the business will recycle 3432 tonnes of tyres peryear.

4. Site History

4.1 Since the closure of the Cummins factory in the 1990s, the building has been subject of planningapplications for a variety of uses including storage and distribution; a dance venue; and as a centre forcar boot sales, antiques and classic car auctions.

Development Plan

5.1 The site is zoned as EDI 1 Al (Existing Industrial and Business Areas) on the adopted NorthLanarkshire Local Plan 2012.

Consultations

6.1 Historic Environment Scotland, Transportation, and Protective Services raised no concerns with theproposals.

7. Representations

7.1 No letters of representation were received following neighbour notification and the pressadvertisement.


8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997, requires that planning decisionsmust be made in accordance with the development plan unless material considerations indicateotherwise. The application raises no strategic issues and can be assessed against the local plan.

8.2 The site is designated under policy EDI 1 Al (Existing Industrial and Business Areas), on the adoptedNorth Lanarkshire Local Plan (NLLP) (2012). Policies EDI 3C (Waste Development), and DSP 4(Quality of Development), and Supplementary Planning Guidance (SPG) 10 (Waste Development) arealso relevant.

8.3 Policy EDI 1 A l supports the continuing industrial and business character of such areas includingexisting waste management facilities and indicates that assessment of developments of an ancillarynature or changes of use within industrial and business areas will take various criteria into account,such as: the extent to which there is a surplus in land supply for business and industry; the potentialundermining of the attractiveness as a location for industry and business; specific locationalrequirement; whether the proposal would result in an economic benefit; existence of alternative sites;transport implications and whether the development would re−use vacant or under−utilised industrialland. Policy EDI 3C and SPG 10 confirm that waste uses are acceptable (in principle) in industriallocations. DSP4 (Quality of Development) similarly requires that developments integrate successfullyinto the local area avoiding harm and adverse impacts taking account of loss of privacy or amenity andaccess and parking provision.

8.4 In considering the development against these policies it is noted that whilst there is no specificlocational need and alternative sites may be available, previous permissions for a dance venue andcar boot sales has witnessed a degree of shift away from exclusive traditional business/industrial usesto allow incorporation of alternative facilities, and recycling centres can be considered acomplementary form of development in principle within industrial sites. This area has sufficient landsupply for industrial/business uses, and the unit is currently vacant with its re−use creating threeemployment opportunities and contributing positively to its continued maintenance. The building wasfairly revolutionary of its time incorporating large sections of concrete and steel with glass curtainwalling providing a creative design solution to an otherwise functional building. In recognition of thebuilding's architectural merit, it was awarded A listed status in 2004. The specific application unitpresents a distinctive design characterised by a continuous concrete roofscape which envelops thefront elevation in a jagged formation with the curtain glazing nestled behind. The supporting statementconfirms that no changes are proposed to the building with all works involved in the business beingconducted inside other than the loading of recycled tyres within the side yard for transport off−site. Thesite benefits from sculpted grass bunding which provides a degree of screening of the yard area whichwill collectively assist in largely maintaining the visual amenity and privacy as currently enjoyed, theattractiveness of the building for industrial and business use, and the character and appearance of thelisted building and Historic Environment Scotland raised no objections to the proposals. ProtectiveServices raised no concerns in terms of noise disturbance, and Transportation similarly raised noobjections to the access, parking, and servicing arrangements which will all remain unchanged.Collectively the development is considered to comply with policies EDI1 Al, EDI3 Al, DSP 4, andSPG 10.

9. Conclusions

9.1 It is considered that the development complies with the relevant policies of the local plan and willcontribute positively to the continued maintenance of this iconic listed building and bring it back intobeneficial use. I therefore recommend that planning permission be granted.

Application No

16/02405/EU L


Change of Use from Agricultural Land to New Park and RideCar Park (174 Parking Bays) and Associated WorksSite Address:

Site South Of Harthill South ServicesHarthi IIShotts

Date Registered:

9th January 2017

Applicant:North Lanarkshire CouncilFleming House2 Tryst RoadCumbernauldNorth LanarkshireG67 IJW


Ward:012 FortissatCharles Cefferty,Robertson,

Thomas Cochrane, James

Recommendation:

Agent:North Lanarkshire CouncilFleming House2 Tryst RoadCumbernauldScotlandG67 25Q


Representations:No letters of representation received.



The proposal is considered acceptable at this location as it is considered that it will not impacton road safety or result in a significant loss of residential amenity or have a significantnegative impact on the area by virtue of scale and design, as such, the proposal accords withthe relevant policies in the North Lanarkshire Local Plan.


except as may otherwise be agreed in writing by the Planning Authority, the development shall beimplemented in accordance with drawing numbers:− RT−13−098/1−P and RT−13−098NS.


2. That before the development hereby permitted starts, full details of the design and location of all fencesand walls to be erected on the site shall be submitted to, and approved in writing by the PlanningAuthority and thereafter erected in accordance with the details approved under the terms of thiscondition.

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

3. That before he development hereby permitted starts, a scheme of landscaping, shall be submitted to,and approved in writing by the Planning Authority, and it shallinclude:−(a)

Details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing;(b) A scheme of tree and shrub planting, incorporating details of the location, number, variety and sizeof trees and shrubs to be planted.(c) An indication of all existing trees and hedgerows, plus details of those to be retained, and measures

for their protection in the course of development,(d) A timetable for completion of these works contemporaneously with the development.

Reason: In the interest of the car park users and the amenity of the general area

4. That all works included in the scheme of landscaping and planting, approved under the terms ofCondition 3 above, shall be implemented in accordance with the approved timetable associated with thephasing of the development and by the first planting season following the car park being brought intouse, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased,within two years of the completion of the landscaping, shall be replaced within the following year.

Reason: In the interest of the car park users and the amenity of the general area.

5. That should the development not commence within 6 months of the date of planning approval, anupdated Protected Species Survey shall be submitted to and approved in writing by the PlanningAuthority. This survey shall determine the presence of any statutorily protected species, particularly forbats, badgers, otters and water voles. As a result of the study, should any remediation measures berequired for the relocation of any protected species, this shall be implemented in accordance with atimetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritagebefore works commence on the site.

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

6. That before the development hereby permitted is brought into use, all the parking and manoeuvringareas shown on the approved plans, shall be levelled, properly drained, surfaced in a material whichthe Planning Authority has approved in writing before the start of surfacing work and clearly markedout.

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

7. That before any works start on site, unless otherwise agreed in writing with the Planning Authority, fulldetails of the proposed surface water drainage scheme shall be submitted to the said Authority andshall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacentwatercourses and groundwater and in the interests of the amenity and wellbeing of future users of thecar park and adjacent residents respectively.

8. That the SUDS compliant surface water drainage scheme required under Condition 7 above shall beimplemented contemporaneously with the development in so far as is reasonably practical. Within threemonths of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experiencedin drainage works) shall be submitted to the Planning Authority confirming that the SUDS has beenconstructed in accordance with the relevant CIRIA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of theamenity and wellbeing of future users of the car park and adjacent users respectively.

9. The before the occupation of the development hereby permitted, details of all external lighting, includingany provision for CCTV Cameras, for within the site shall be submitted to and approved by the PlanningAuthority, and shall thereafter be installed in accordance with the details approved under the terms ofthis condition.

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

10. That prior to commencement of development unless otherwise agreed in writing with the PlanningAuthority, a Construction Method Statement shall be submitted to and approved by the PlanningAuthority. For the avoidance of doubt, the Construction Method Statement shall cover:

• Details of the site compound;• Details of the proposed phasing of all works;• Details of all on−site construction including means of access to the site and;• A dust management plan during the construction period:

The development shall be implemented in accordance with the approved Construction MethodStatement.

Reason: In the interests of the amenity of the area particularly the neighbouring residential properties toensure that necessary contingencies are in place, to minimise pollution risks arising from constructionactivities.

Background Papers:


Memo from NLC Protected Services dated 3 r March 2017Memo from Traffic & Transportation dated 25th January 2017


Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632500

Report Date:

20th February 2017

APPLICATION NO. 16/024051FUL

REPORT

1. Site Description

1.1 The applications site is a piece of an open area of land consisting mainly of grass with an elementshrubs and trees, particularly on the perimeter of the site. It is fairly level and wedge' shaped. Thesite is bounded by the How Burn with Harthill Services beyond to the north, open, wild parkland to theeast and west and Miller Street with wild parkland and maintained grassland and housing beyond tothe south.


2.1 Planning permission is sought for a change of use from agricultural land to form a park and ride carpark consisting of 174 parking bays with associated works. Access would be a via a new 7.3m wideaccess off Miller Street which accesses Harthill Services and is on the south western corner of thefrontage. It should be noted that Harthill Services already benefits from a small park and ride facility,therefore this proposal is to enable more people to use the facility.


3.1 The applicant submitted a Habitat Survey as part of the application submission which found no traceof European protected species within or adjacent to the application site. It is also worth noting thatJapanese Knotweed is located within the site and been treated and continues to be treated by NorthLanarkshire Council.

4. Site History

4.1 No planning history.

5. Development Plan

5.1 The site is zoned as Policy NBE 3B (Rural Investment Area) in the North Lanarkshire Local Plan 2012.Policies DSP1 —4 are also of relevance.

6. Consultations

6.1 Neither NLC Protected Services nor Roads and Transportation have any objections to the proposal.

7. Representations

7.1 No letters of representation have been received following the press advertisement and neighbournotification procedure.


8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planningdecisions must be made in accordance with the development plan unless material considerationsindicate otherwise. The application raises no strategic issues, it can therefore be assessed in terms ofthe local plan policy. The site is zoned as Policy NBE 3B (Rural Investment Area) the NorthLanarkshire Local Plan 2012.

8.2 The aims of Policy NBE 3B (Rural Investment Area) are to protect the character and promotedevelopment in the Rural Investment Area by restricting development to acceptable types andoperating assessment criteria. It is considered that a car park is an appropriate rural use at thisparticular location and will:− provide economic benefit; have minimal adverse environmental impacts;poses no infrastructure implications; has a specific locational need; is of a suitable scale and form forthis location; has a suitable landscape scheme for the location; adheres to relevant policy and will not

affect the integrity of European site. The existing smaller Park and Ride facility is over utilised withmany vehicles parked on the road, outwith the dedicated parking area.

8.3 It is considered that the proposed Park and Ride facility will be a valuable asset to the area and helpreduce car journeys to and from Glasgow and Edinburgh by commuters. It is utilising an area ofground that is not in productive use, albeit that it not an unattractive piece of land.

8.4 The proposed development also requires to be assessed against Development Strategy PoliciesDSP1−4 which include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3(Impact of Development) and DSP4 (Quality of Development). Given the scale and nature of thisproposal only DSP3 and DSP4 are of relevance.

8.5 Policy DSP3 (Impact of Development) considers the impact of the proposed development in terms ofits requirements for additional community facilities or infrastructure which is necessary to meet futuredemands on existing provisions. As the proposals do not have any impact on the surroundinginfrastructure or require additional community facilities, it is considered that the proposal complies withPolicy DSP3.

8.6 Policy DSP4 (Quality of Development) requires development proposals to only be permitted wherehigh standards of site planning and sustainable design are achieved. Proposals require todemonstrate that an appraisal has been carried out of the existing character and features of the siteand its setting, existing rights of way or features or historic environment interest will be safeguarded orenhanced and the proposed development takes account of the site appraisal and any evaluation ofdesign options and achieving a high quality development against a list of detailed criteria. In terms ofthe proposed layout of the car park, it is considered that the design is acceptable. In terms ofneighbouring properties, there would be no impact on adjacent residential dwellings. As such, theproposal is considered compliant with Policy DSP4.

9 Conclusions

9.1 Taking the above assessment into account, it is considered that this development generally accordswith the provisions of NBE 3B (Rural Investment Area) and DSP1−4 in the North Lanarkshire LocalPlan and, following detailed consideration of the proposals, it is considered that it will integratesatisfactorily with the surrounding area and cause no adverse impact on established residentialamenity. It will also be a solution to an existing on street parking problem due to the existing smallerpark and ride being over utilised. Therefore, for the reasons detailed in the planning assessmentabove, it is recommended that planning permission be granted subject to conditions

Application No: Proposed Development:

17/00004/FUL Change of Use of Class 1 Retail Premise to Class 3 Hot FoodCarry Out, Installation of Extract Flue to Rear Elevation,Erection of Signage and Internal AlterationsSite Address:

40 − 48 Main StreetVillageCumbernauldGlasgowNorth LanarkshireG67 2RX

Date Registered:

6th February 2017

Applicant:Miss Xiang Lan Lin44 Main StreetCumbernauld VillageCumbernauldG68 2RX

Agent:Charles ChiuTwo3 Studio62 Gullion ParkEast KilbrideG74 4FE



Ward: Representations:004 Abronhill, Kildrum And The Village No letters of representation received.Stephen Grant, Elizabeth Irvine, Tom Johnston,



It is considered that the proposal accords with the relevant local plan policies and it will beacceptable in terms of the character of the Conservation Area and the amenity of the adjacentarea.

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Reproduced by permission of Planning Application: 17/00004/FULthe Ordnance Survey on Name (of applicant): Miss Xiang Lan Linbehalf of HMSO. © CrownCopyright and database right Site Address: 40 − 48 Main Street2009. All rights reserved. VillageOrdnance Survey Licence Cumbernauldnumber 100023396. Glasgow

North LanarkshireG67 2RXDevelopment: Change of Use of Class IRetail Premise to Class 3 Hot Food CarryOut, Installation of Extract Flue to RearElevation, Erection of Signage andInternal Alterations

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ProposedConditions:−1.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall beimplemented in accordance with drawing numbers:−AL (0)001 −005 (Inclusive).

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

2. That unless otherwise agreed in writing, the proposed signage shall be a traditionally painted timbersignboard painted by a traditional handpainting signwriter.

Reason: In order for the proposed building to be appropriate in terms of finish and style to theConservation Area in the interests of the special character of the Conservation Area.

3. That before commencement of work on site, details of the proposed traditional hand painted timbersignage board shall be submitted to and approved in writing by the Planning Authority prior.

Reason: To allow the Planning Authority to assess these details in the interests of the character of theConservation Area.

4. That no alterations shall be made to the internal fabric of the building that damage, destroy or cover upany existing original features of the listed building.

Reason: To safeguard the special character of the Listed Building.

5. No development shall begin until the applicant obtains Listed Building Consent.

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

6. That the proposed ventilation flue shall not exceed Noise Curve Rating (N.R.C.) 35 between 07.00hours and 22.00 hours and N.R.C. 25 at all other times.


Background Papers:


Head of Regulatory Services and Waste Solutions received on 14th February 2017.


Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500

Report Date:

22nd February 2017

APPLICATION NO. 17100004/FUL

REPORT

1. Site Description

1.1 The application site is a Grade C Listed building forming part of a terrace of similar listed buildingswithin the centre of the Cumbernauld Village Conservation Area. It is a symmetrical two−storeybuilding with 4 over 4 timber sash and case windows on the ground floor and 2 over 2 windows on thefirst floor on the front elevation. The building is finished in white painted smooth ashlar with blackcontrasting quoins and windows surrounds and a central access door to front and a traditional dualpitched slate roof.


2.1 The proposal is for a Change of Use from Class 1 Retail Premises to Class 3 Hot Food Carry Out,Installation of extraction flue to the rear elevation and erection of signage. A separate application forListed Building consent for the associated physical works has also been submitted by the applicant(17I00003ILBC). These associated physical works are with regard to the installation of a cookingextraction flue on the rear elevation and the erection of a traditionally hand painted timber signboardon the front elevation.

2.2 In terms of other external physical alterations, these were approved under 15/02596/LBC whichinvolved the slapping out the central ground floor front window to form a traditional door opening andthe erection of a traditionally painted timber signboard above the newly formed door opening. Theslapping and door formation works have now been carried out satisfactorily in accordance with theapproved drawings. It should be noted that the slapping works reinstated what was originally a dooropening.


3.1 The applicant has not submitted any supporting information.

4. Site History

4.1 A previous application for the sub−division of the original restaurant to form a smaller restaurant andthe formation of a shop unit (15/02595/FUL) and an associated Listed Building Consent applicationcovering the associated external physical alterations (15/02596/LBC) both received approval on 26thFebruary 2016. The sub−division work has been carried out and the shop unit is formed although it hasnot been occupied and used as a shop.

5. Development Plan

5.1 In terms of the adopted North Lanarkshire Local Plan, the site is zoned as RTC 1C − Neighbourhoodand Local Centres. Policy NBE 1 B2a − Protecting the Built Environment (Listed Buildings), PolicyNBE 1 133a − Protecting the Built Environment (Conservation Area), Policy NBE2 B2 sets out that anydevelopment should be consistent with the Cumbernauld Village Conservation Area Appraisal andManagement Plan as detailed in Supplementary Planning Guidance 27 (SPG 27) and Policy DSP 4 −Quality of Development is also relevant.

6. Consultations

6.1 The Head of Regulatory Services and Waste Solutions has provided comments regarding theoperation of the proposed ventilation flue in terms of noise and hours of operation. in this regard theadvice given is that any such equipment shall not exceed Noise Curve Rating (N.R.C.) 35 between07.00 hours and 22.00 hours and N.R.C. 25 at all other times.

7. Representations

7.1 There have been no letters of representation.


8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planningdecisions must be made in accordance with the development plan unless material considerationsindicate otherwise. The proposal raises no strategic issues and as such requires to be assessedagainst Local Plan Policies.

8.2 Policy RTC 1C designates the area as being within an existing Neighbourhood and Local Centre andsets out that the Council will protect the network of centres as the continuing focus of retail, leisure,civic, and community uses. Policy DSP 4 looks for high standards of site planning which ensures adevelopment is of the right scale and design which protects the amenity of neighbouring properties.Policies NBE 1 133a designates the area as being within the Conservation area and sets out that theCouncil will protect and promote Conservation Areas. Policy NBE 1 133a sets out that the design,material, scale and siting of any development shall be appropriate to the character of the ConservationArea and its setting. Policy NBE 2 B2 sets out that any development should be consistent with theCumbernauld Village Conservation Area Appraisal and Management Plan as detailed inSupplementary Planning Guidance 27 (SPG 27). The area of the application site is cited within thisappraisal plan as being part of an Area of Special Character and as being the main core area of theConservation Area, where the majority of the 19 century buildings are located with traditional buildingmaterials and interesting roofscapes contributing significantly to the special character. Policy NBE 1132a sets out the criteria when assessing proposed works to listed buildings and seeks to protect thelisted building from any works that would adversely affect the special character of the listed building.

8.3 A material consideration is the Cumbernauld Village Conservation Area Supplementary PlanningGuidance SPG 27 which incorporates an Appraisal and Management Plan. SPG 27 highlights that thelocation of the proposed development falls within an Area of Special Character and the main core areaof the Conservation Area. Management Policy CMV2 within this document advises that any extensionto preserve and respect the design, scale, proportions, materials and detailing of the host andadjoining properties which contribute to the character of the Conservation Area.

8.4 The proposed use complies with Policy RTC 1C as it is a use appropriate to a village centre subject tothe application of appropriate conditions regulating the noise of operation of any extractor flue. It isalso noted that there have been no objections to the proposal.

8.5 In terms of the proposed front signage is considered to be appropriate in terms of proportion, style andmaterials and is appropriate to the character of the Conservation Area. Furthermore, the rearelevation, where the extraction flue is proposed is not prominently visible and, as such, it is consideredit will not make a significant visual impact in terms of effect on the character of the conservation areaor the listed building. As such, it is considered that the proposal, complies with Policies NBE 1133a,NBE 2 62. Furthermore, in terms of the comments of the Head of Regulatory Services and WasteSolutions it is considered that there will be no unacceptable amenity issues for surrounding residentsprovided that the advice regarding noise generation of extraction equipment is applied as a planningcondition. Also, the proposed physical works are appropriate in terms of scale and style to thesurrounding area. As such, it is considered that the proposal complies with Policy DSP 4.

9. Conclusions

9.1 It is therefore considered that the proposal complies with the relevant local plan policies andsupplementary guidance. As such, this application is recommended for approval.


17/00034/AMD Application 1: Non−compliance with conditions 1 & 14 ofplanning approval ref: 15/02537/AMD: Amend Design andScale of the Facility Including Incorporation of 35m HighChimney Stack

Site Address:

Viridor Waste ManagementLangmuir WayBargeddieG69 7RW

Date Registered:

17th January 2017

Applicant:

Viridor LimitedPioneer HouseEuropoint Office ParkEurocentralScotlandML1 4UF

Agent:

Angus Design AssociatesThe Building Design Centre125 Muir StreetHamiltonScotlandML3 6BJ

Application Level:

Committee

Ward:

009 Coatbridge WestJames Smith, Paul Welsh, Kevin Docherty,

Recommendation:



No

Representations:

No letters of representation received.

The proposed amendments to this approved waste processing plant are consideredacceptable and are in accordance with the local plan as they are considered to mitigate moreeffectively the impact of the operations on local residents in a way that doesn't detract fromthe local area and will enable the operator to fulfil their wider obligations to provide a strategicwaste service.

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Name (of appl icant): Viridor Limited Lanarkshire2009. All rights reserved.CouncilOrdnance Survey Licence Site Address: Viridor Waste Management, p 'number 100023396. Langmuir Way, Bargeddie, G69 7RW

Development Appl ica t ion 1: Non−compliancewith conditions 1 & 14 of planning approval ref:15/02537/AMD : Amend Design and Scale of theFacility Including Incorporation of 35m HighChimney Stack


the development hereby permitted shall be carried out strictly in accordance with the approveddetails submitted as part of the application and no change to those details shall be made without priorwritten approval of the Planning Authority.

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

2. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with thePlanning Authority, full details of the proposed surface water drainage scheme shall be submitted to andfor the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply withthe requirements of the publication titled 'Drainage Assessment: A Guide for Scotland, and any otheradvice subsequently published by the Scottish Environment Protection Agency (SEPA) or the SustainableUrban Drainage Scottish Working Party (SUDSWP).


3. That the SUDS compliant surface water drainage scheme certified under the terms of condition 2 shall beimplemented contemporaneously with the development in so far as is reasonably practical. Within threemonths of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall besubmitted to the Planning Authority confirming that the SUDS have been constructed in accordance withthe relevant SEPA guidance and the approved plans.


4. That BEFORE the development hereby permitted starts, further details of the proposed earthworks bundsalong with a scheme of landscaping incorporating biodiversity enhancement measures and native treeplanting shall be submitted to, and approved in writing by the Planning Authority and it shallinclude:−(a)

details of any earth moulding, embankment stabilisation details and hard landscaping, boundarytreatment, wild grass seeding and turfing;

(b) a scheme of native tree and shrub planting, incorporating details of the location, number, varietyand size of trees and shrubs to be planted;

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

(d) a detailed timetable for all landscaping works which shall provide for these works being carriedout contemporaneously with the development of the site.

(e) a management and maintenance scheme for these works.

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

That all works included in the scheme of earthworks, associated landscaping and native tree planting,approved under the terms of condition 4 above, shall be completed in accordance with the approvedtimetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or becomediseased, within two years of the full occupation of the development hereby permitted, shall be replacedwithin the following year with others of a similar size and species.

Reason: In the interests of the visual amenity of the site, to mitigate adverse effects on views of thedevelopment from outlying residential areas and to benefit local biodiversity.

6. That unless otherwise agreed in writing by the Planning Authority, the mixed waste recycling operationsshall be limited to the following operating hours:

o (Waste Delivery and Uplifts): Monday to Sunday 0700 to 2000 Hours;o (Waste Processing within the Mixed Waste MRF Building): Monday to Sunday 0700 to 2300

Hours.

Reason: To define the permission and to safeguard residential amenity.

7. That before the development hereby approved is brought into use further details of the proposed 3 monthtrial period to allow a 24 hour operational period (within the Mixed Waste MRF Building only) shall besubmitted for the written approval of the Planning Authority in consultation with the Viridor CommunityLiaison Group and NLC Protective Services.

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

8. That BEFORE the development hereby permitted starts, full details of the facing materials to be used onall external walls and roof of the building shall be submitted to and approved in writing by the PlanningAuthority and the development shall be implemented in accordance with the details approved under theterms of this condition.

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

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

Reason: To establish whether or not site decontamination is required in the interests of the amenity andwellbeing of employees and visitors to the depot

10. That any remediation works identified by the site investigation required in terms of Condition 9, shall becarried out to the satisfaction of the Planning Authority. A certificate (signed by a charteredEnvironmental Engineer) shall be submitted to the Planning Authority confirming that any remediationworks have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing ofemployees and visitors to the depot

11. That any noise emissions associated with the completed development shall not give rise to a noise level,assessed with the windows open, within any dwelling or noise sensitive buildings in excess of theequivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 22.00 hours and N.R.C. 25 at allother times.


12. That all external lighting shall be designed to ensure that the upward spread of light near to and abovehorizontal shall be minimised to the satisfaction of the Planning Authority.

Reason: In the interests of residential amenity and to avoid excessive light pollution in the vicinity of thesite.

13. That BEFORE the development starts full details of an air quality monitoring strategy to be implementedby the developer shall be submitted to and approved in writing by the Planning Authority in consultationwith SEPA.

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

14. That notwithstanding the terms of condition 1, the development hereby approved shall incorporate therecommended noise mitigation measures set out in the Noise Assessment Report (LE13082) datedJanuary 2017 to the satisfaction of the Planning Authority.

Reason: In the interests of amenity

15. That notwithstanding the terms of condition 4 above, and before the development commences, furtherdetails of measures to protect the adjacent Luggie Glen SING during the construction period shall besubmitted to and approved in writing by the Planning Authority.


Background Papers:


Memo from Scottish Environment Protection Agency received 3rd March 2017Memo from Transportation received 3rd March 2017Memo & Email from Protective Services received 1St February 2017



Report Date:

3rd March 2017

APPLICATION NO. 17/00034/AMD

REPORT

1. Site Description

1.1 The site is within one of Scotland's established recycling hubs run by Viridor' who are one of the UK'slargest recycling and waste management companies. The site provides recycling services for Northand South Lanarkshire Council, NHS Lanarkshire and other business around the country. In additionto this, it is expected that in the next 25 years it will form an integral part of the waste strategy of theClyde Valley region following the signing of a residual waste contract which will see the companyhandle waste from 5 local authorities across south west Scotland.

1.2 The application site is 1.2 ha in area of vacant ground in the north eastern corner of the hub and issurrounded by open space then Drumpark school and farm to the north, the Luggie Burn with theGlasgow railway line and housing beyond to the east and south and the existing waste transfer stationto the west. The site is made ground and is elevated above the rest of the established area withbunding in place along the north eastern boundary.


2.1 Permission is sought for non−compliance with conditions 1 and 14 of the most recently approvedrecycling facility (reference: 15/02537/AMD). Changes to the approved scheme include an increasedfootprint, height, elevational changes and larger external extraction plant. The apex of the centralsection of the roof would be approximately 2 metres higher than approved previously and the externalplant now includes a chimney of some 35 metres in height. In addition the existing bunding around theproposed unit would be reconfigured and increased with bunding in some areas as high as 9 metresaround the north eastern periphery of the site. The elevational changes consist of reconfiguration ofroller shutter doors due to changes to the intended flow of vehicles using the facility. Under the newsystem the vehicles will access the southern and eastern elevations with the water tank beingrepositioned to the south and the building being further enclosed by bunding to the north and west.


3.1 The applicant has submitted a Planning Statement, Air Quality Impact Assessment, NoiseAssessment, Ecological Report and Community Consultation Report in support of their application.The information submitted provides evidence that suggests that any potential impact on the nearestreceptors will be significantly reduced as a result of the proposal.

4. Site History

4.1 Viridor has been operating on site since 1998 and there is a long planning history but the mostrelevant applications are as follows:

• In 2013 permission was granted for a Waste Glass Recycling Processing Facility (up to 20,000per annum) with Associated Yard Storage and Environmental Improvements.

• Since then various section 42 amendments have been approved for changes to this permissionmost notably 15/00235/AMD (Variation to conditions relating to layout, design, hours of operationand to incorporate municipal/commercial and industrial waste) and 15/02537/AMD (Variation toHours of Operation) which this proposal seeks to amend further.

4.2 Alongside this application another proposal for amendments to the existing MRF facility, erection ofoffices, relocated weighbridge, along with additional environmental improvements is currently underconsideration (reference: 1 7/00035/FUL).

4.3 It should also be noted that there is an application for a residential development in an adjacent site tothe north currently under consideration (reference: 16/01367/FUL).

5. Development Plan

5.1 The site is zoned as EDI 1 A l (Existing Waste Management Facilities) in the North Lanarkshire LocalPlan 2012.

6. Consultations


• Transportation• Protective Services• SEPA but they did however raise a concern about the bund re−profiling of made ground and

questioned if the Council agreed that the higher bunding as proposed in this application was arequirement.

7. Representations

7.1 No letters of representation were received following the neighbour notification and pressadvertisement.


8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planningdecisions must be made in accordance with the development plan unless material considerationsindicate otherwise. The proposal raises no strategic issues and as such requires to be assessedagainst Local Plan Policies. In this instance the North Lanarkshire Local Plan 2012 is relevant. Thesite is zoned as EDI A l (Existing Waste Management Facilities) with policies EDI 3C (WasteDevelopment), DSP 4 (Quality of Development) and Supplementary Planning Guidance 10 (WasteDevelopment) also of relevance.

8.2 Policies EDI Al, EDI 3C and SPG 10 seek to protect existing waste management facilities and supportproposals for development within them that will contribute to the wider strategic spatial aim ofdelivering additional capacity at sustainable locations and contributing to the Scottish Government'szero waste plan. The proposal is located within the existing recycling hub and therefore accords withthe relevant industrial policy and supplementary guidance subject to meeting DSP4.

8.3 Policy DSP 4 seeks to achieve a high quality of development by taking into consideration the site andits surrounding context and the design, layout, size and scale of proposals. It requires them toeffectively mitigate any adverse impact on the nearest residents in terms of noise, air quality and givesconsideration to the impact of development on residential amenity and any Transportation issues. Theinformation submitted in support of the application demonstrates that the proposed amendment willmore effectively mitigate the impact in comparison to the previously approved scheme and noobjections were received from the relevant consultees to the findings. It is therefore considered thatthe impact of the use on the nearest residents will be reduced in comparison to the most recentlyapproved development. The larger scale of unit and chimney height ensures that the proposal wouldhave a greater visual impact, however, taking into account the position of the proposed of the unit inan established waste site and that the chimney will more effectively mitigate the operation, the impactis considered to be acceptable. It is not considered that the amendment will result in an adverse lossof amenity for local residents, conversely, it will more effectively mitigate any adverse impact onresidential amenity. As noted above, Transportation has raised no objections and the amendment canbe incorporated within the site without detriment to the local road network or road safety at thislocation. Taking the above into account the proposed amendment is considered to represent animprovement to what has been approved previously and is therefore in accordance with DSP 4.

8.4 In terms of the adjacent proposal for housing, the assessment for that application is ongoing and willtake place separately and the housing developer will be required to demonstrate that the impact of theestablished waste transfer station will not be adverse on the housing that they propose.

Consultations

8.5 In terms of the comments by SEPA the increased bund height provides additional mitigation to existingand potential future receptors in terms of noise and visual impact and it is agreed that these are anecessary part of reducing any adverse impact from site operations.

9. Conclusions

9.1 In conclusion the proposed development is considered acceptable in that it complies with the relevantpolicies contained within the North Lanarkshire Local Plan. The amendments proposed would moreeffectively mitigate the site operations on the nearest properties and could be incorporated withoutdetriment to the site and surrounding area. Taking the above into consideration, and that no objectionswere received from neighbouring properties or consultees, it is recommended that permission begranted subject to conditions.


17/00035/FUL Erection of a Two−Storey Office Building, Acoustic Fencing,Relocated Weighbridge, Alterations to the Existing MRF Facilityand Associated Parking, Yard, Access and EnvironmentalImprovements

Site Address:

Viridor Waste ManagementLang muir WayBargeddieNorth LanarkshireG69 7RW

Date Registered:

17th January 2017

Applicant:

Viridor LimitedPioneer HouseEuropoint Office ParkEurocentralScotlandML1 4UF

Application Level:

Local Application

Ward:

009 Coatbridge WestJames Smith, Paul Welsh, Kevin Docherty,

Recommendation:


Agent:

Angus Design AssociatesThe Building Design Centre125 Muir StreetHamiltonScotlandM U 6BJ


No

Representations:

No letters of representation received.


The proposed development is considered acceptable and is in accordance with the Local Planas it could be accommodated within the site without detriment to the site or surrounding areaand will enable the operator to fulfil their wider obligations to provide a strategic wastemanagement service.

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Name (of applicant): Viridor Limited

Site Address: Viridor Waste Management,Langmuir Way, Bargeddie, NorthLanarkshire, G69 7RW

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Development: Erection of a Two−StoreyOffice Building, Acoustic Fencing, RelocatedWeighbridge, Alterations to the Existing MRFFacility and Associated Parking, Yard,Access and Environmental lmDrovements


except for the requirements of conditions below or as may otherwise be agreed in writing by thePlanning Authority, the development shall be implemented in accordance with drawing numbers: 001,002, 003, 004, 005, 011, 012 & 1011210−CLXX(52)4010−REV C


2. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with thePlanning Authority; full details of the proposed surface water drainage scheme shall be submitted to thesaid Authority and shall be certified by a chartered civil engineer experienced in drainage works ascomplying with the most recent SEPA SUDS guidance.


3. That the SUDS compliant surface water drainage scheme approved in terms of Condition 2 shall beimplemented contemporaneously with the development in so far as reasonably practical. Within threemonths of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experiencedin drainage works) shall be submitted to the Planning Authority confirming that the SUDS has beenconstructed in accordance with the relevant SEPA SUDS guidance.


4. That before the development starts, the applicant shall provide written confirmation to the PlanningAuthority that all the requirements of Scottish Water, have been fully met in respect of providing thenecessary site drainage and water infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site infrastructure.

5. That before the development hereby permitted is brought into use, all the roads, parking, footpaths andmanoeuvring areas, shown on the approved plans, shall be levelled, properly drained, surfaced in amaterial which the Planning Authority has approved in writing before the start of surfacing work andclearly marked out, and shall, thereafter, be maintained for the approved purpose.

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

6. That notwithstanding the terms of condition 1, the development hereby approved shall incorporate therecommended noise mitigation measures set out in the Noise Assessment Report (LE13082) datedJanuary 2017 to the satisfaction of the Planning Authority.

Reason: In the interests of amenity

7. That before the development hereby permitted starts, full details of the fence to be erected on the siteshall be submitted to, and approved in writing by, the Planning Authority and that this shall beimplemented contemporaneously with the development to the satisfaction of the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail and ensure thatappropriate mitigation is in place.

Background Papers:


Memo from Scottish Environment Protection Agency received 1st March 2017Memo from Transportation received 18t March 2017Memo & Email from Protective Services received 1st February 2017



Report Date:

1St March 2017

APPLICATION NO. 171000351FUL

REPORT

Site Description

1.1 The site is within one of Scotland's established recycling hubs run by 'Viridor' who are one of the UK'slargest recycling and waste management companies. The site provides recycling services for Northand South Lanarkshire Council, NHS Lanarkshire and other business around the country. In additionto this, it is expected that in the next 25 years it will form an integral part of the waste strategy of theClyde Valley region following the signing of a residual waste contract which will see the companyhandle waste from 5 local authorities across south west Scotland.

1.2 The application site is 1.93 ha in area and contains within it part of the existing MRF (Mixed RecyclingFacility) building and its associated yard area including the access and areas of open space in themiddle of the site and along the southern boundary. The levels are relatively flat throughout and thesite is surrounded by the rest of the recycling hub and adjacent cement works to the north and westand the Luggie Burn, Glasgow Railway and housing to the south and east.


2.1 Planning permission is sought for the following:

• Staff Office Building − The erection of a two storey building within the middle of the site wherean area of existing hard standing currently exists. The building would be modular with a typicalrectangular design and is required to accommodate the additional staff required for operationalpurposes.

• Changes to the elevations of the existing MRF − The installation of two fast acting' rollershutter doors on the front elevation of the existing building.

• Boundary Fence − A 2 metre high screen fence along the southern boundary.• Additional yard space and internal road reconfiguration − Additional yard at the front elevation

and widened access road as part of changes to traffic management to prevent scope forcongestion within the site.

• Relocated Weighbridge − The existing weighbridge would be moved further into the site onLangmuir Way, again as part of traffic management within the site.


3.1 A planning statement, ecological assessment, noise assessment and statement of communityinvolvement have all been submitted in support of the application. The information submitted providesevidence that suggests that the impact of these proposals combined will reduce the impact of theoperations on the nearest dwellinghouses.

4. Site History

4.1 Viridor has been operating on site since 1998 and there is a long planning history but the mostrelevant applications are as follows:

In 2013 permission was granted for a Waste Glass Recycling Processing Facility (up to 20,000per annum) with Associated Yard Storage and Environmental Improvements.Since then various section 42 amendments have been approved for changes to this permissionmost notably 15/00235/AMD (Variation to conditions relating to layout, design, hours of operationand to incorporate municipal/commercial and industrial waste) and 15/02537/AMD (Variation toHours of Operation) which this proposal seeks to amend further.

4.2 Alongside this application a section 42 application is currently under consideration seekingnon−compliancewith conditions 1 and 14 of a recent permission (reference: 15/00235/AMD) for an

additional MRF on the north western corner of the hub. Changes are proposed to the design, size andscale of the unit and associated mitigation.

4.3 It should also be noted that there is an application for a residential development in an adjacent site tothe north currently under consideration (reference: 16/01367/FUL).

5. Development Plan

5.1 The site is zoned as EDI I Al (Existing Waste Management Facilities) in the North Lanarkshire LocalPlan 2012.

6. Consultations


• Transportation• Protective Services• SEPA

7. Representations

7.1 No letters of representation were received following the neighbour notification and pressadvertisement.


8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planningdecisions must be made in accordance with the development plan unless material considerationsindicate otherwise. The proposal raises no strategic issues and as such requires to be assessedagainst Local Plan Policies. In this instance the North Lanarkshire Local Plan 2012 is relevant. Thesite is zoned as EDI A l (Existing Waste Management Facilities) with policies EDI 3C (WasteDevelopment), DSP 4 (Quality of Development) and Supplementary Planning Guidance 10 (WasteDevelopment) also of relevance.

8.2 Policies EDI Al, EDI 3C and SPG 10 all contain provisions to protect and enhance existing wastemanagement facilities. The hub is well established and is projected to be increasingly important interms of the waste strategy in Scotland and the proposals are in accordance with these policiessubject to assessment against DSP 4.

8.3 Policy DSP 4 seeks to achieve a high quality of development by taking into consideration the site andits surrounding context and the design, layout, size and scale of proposals. It requires them toeffectively mitigate any adverse impact on the nearest residents in terms of noise and disturbancegiving consideration to the impact of development on residential amenity and any Transportationissues. The changes to the site operations will increase activity to the front of the existing MRF,however, the noise report demonstrates that the development will continue to meet minimumstandards on the closest dwellings. There will be a visual impact associated with the staff buildingwhen viewed from the south, however, it is not in a particularly prominent part of the site and will bepartially screened by the fence. It is considered that this modular building will provide important stafffacilities without having any adverse impact on the amenity of surrounding residents. In terms of thealterations to the weighbridge along with the surfacing work and changes to the elevations of theexisting MRF, these are smaller individual changes and are not considered to have a significantimpact on the nearest properties. In combination, they will allow the applicant to change their internalprocess flow and more successfully mitigate any adverse impacts arising from future operations. Assuch, it is considered that the development proposed could be integrated within the site withoutdetriment to the site itself and surrounding area. The proposal therefore meets the terms of DSP 4.

9. Conclusions

9.1 In conclusion the proposed development is considered acceptable as it could be accommodatedwithin the site without detriment to the surrounding area and it complies with the relevant policiescontained within the North Lanarkshire Local Plan. Taking the above into consideration, and that noobjections were received from neighbouring properties or consultees, it is recommended thatpermission be granted subject to conditions.

Application No:

1 7/00062/PPP


Dwellinghouse (in Principle)Site Address:

Site To North East OfMacin nes DriveNewarth illMotherwellNorth Lanarkshire

Date Registered:

16th January 2017

Applicant:Mr Daniel Smith22 Gowkhall AvenueNewarthillBy MotherwellML1 5JFApplication Level:Local Application

Agent:N/A


Ward: Representations:017 Motherwell North 2 letters of representation received.Shahid Farooq, Helen McKenna, Peter Nolan, PatO'Rourke,

Recommendation:


Refuse

The proposal fails to meet the criteria set out in the North Lanarkshire Local PlanGreen Belt policy in that it is considered to represent a residential development in thegreen belt without adequate justification, or any exceptional circumstances, and itwould set an undesirable precedent for other such developments within theimmediate vicinity and across the wider green belt areas.

Recommendation: Refuse for the FollowingReasons:−The

proposal does not comply with policy NBE 3 A Green Belt (and associated SPG07) of the NorthLanarkshire Local Plan in that the dwellinghouse is not required for an acceptable rural use such asagriculture or forestry and adequate justification, special circumstances or material considerations havenot been demonstrated to merit a departure from this policy.

Background Papers:


The Coal Authority received 17/02/17Traffic & Transportation received 24/01/17NLC Greenspace received 24/02/17Scottish Environment Protection Agency received 18/01/17Scottish Gas Network received 23/01/17Environmental Health (including Pollution Control) received 31/01/17


Any person wishing to inspect these documents should contact Mr Gary McEwan at 01236 632500

Report Date:

27th February 2017

APPLICATION NO. 171000621PPP

REPORT

1. Site Description

1.1 The application site is a square shaped area of greenbelt land approximately 0.16 hectares in size,located directly adjacent to Macinnes Drive which forms the north east boundary of Newarthill (asdefined in the North Lanarkshire Local Plan 2012). The site would be accessed from High Street(137066) which is a main thoroughfare running from Motherwell, through Carfin and Newarthill beforejoining the M8 at Junction 6.


2.1 The proposal seeks planning permission in principle for a single dwellinghouse. No drawings otherthan a location plan were submitted, therefore all aspects of the design, location, amenity space,boundary treatment and parking and access would be addressed at the matters specified in conditionsstage, if the Committee was minded to approve the application.


3.1 The applicant has included supporting information in relation to the application which details theirjustification as to why the application for planning permission in principle should be approved. Theapplicant outlines that the site is a gap site within the Newarthill village envelope, that previousapprovals at other sites on greenbelt land within the vicinity have developed a precedent, that thegreenbelt zoning of the site is not in accordance with Scottish Planning Policy, that there is a lack offamily housing within Newarthill which previous local development plans have failed to address, thatthe proposal will have a positive contribution to the housing land supply for the Motherwell area andthat the development would provide a sustainable development of a brownfield site, with good accessto public transport, which would help boost the local economy, enhance the landscape setting andstrengthen the greenbelt at this location. The applicant has also highlighted a recent appeal decisionin which the appeal was upheld on the basis that the Council has a shortfall in the 5 year effectivesupply of housing land. The applicant has indicated that SPP indicates that where there is less than a5 year land supply, then Local Development Plan land supplies are not considered to be up to dateand that the presumption in favour of development which contributes to sustainable development is amaterial consideration in applications. The applicant also mentions that the Reporter concluded thatthe development plan allows prohibition of greenbelt development to be set aside, where there is ashortfall in housing land and that the emerging LDP would not be a reason for declining consent for anapplication.

4. Site History

4.1 It is noted that the site forms part of a larger area of land which was put forward during the Call forSites process (July 2013) of the emerging Local Development Plan. The site was assessed againstthe Site Sustainability and Deliverability Matrix and it was determined that the site would not beselected to become part of the housing land supply proposed for the Motherwell Housing Sub MarketArea.

5. Development Plan

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

5.2 In the adopted North Lanarkshire Local Plan, the application site is located within the Green Belt andis covered by Policy NBE 3A (Assessing Development in the Green Belt). Policy DSP 4 is alsorelevant.

6. Consultations

6.1 The Coal Authority indicated that it concurs with the recommendations of the Mineral Stability RiskAssessment, that the coal mining legacy poses a risk to the proposed development and that remedialworks to treat areas of shallow mine workings to ensure the safety and stability of the proposeddevelopment should be undertaken prior to development. The Coal Authority has thereforerecommended conditions be attached to any permission requiring the submission of a scheme ofremedial works and for the implementation of those works.

6.2 NLC Traffic and Transportation made no objection to the proposal however included variousrecommendations in relation to access and parking within the site.

6.3 NLC Greenspace made no objection to proposal however made various comments andrecommendations regarding a badger survey to be submitted if works not commenced within 6months, nesting birds, hedgerow retention, lighting in close proximity to bat commuting features,biodiversity enhancements and access.

6.4 SEPA indicated that the consultation is below the threshold where bespoke advice would be given andrefer to the SEPA standing advice for Planning Authorities. SEPA's standing advice for waste waterand drainage is that all developments in or adjacent to public sewered areas should connect to thepublic sewer.

6.5 Scotland Gas Networks raised no objections to the proposal.

6.6 NLC Environmental Health and Pollution Control has made no objection to the proposal howeverincluded various recommendations in relation to requirement for site investigation and in relation toconstruction noise.

7. Representations

7.1 Following the neighbour notification and press advertisement procedures, 2 letters of support weresubmitted with the points made summarised below:

i. It will help define the village properly by filling in an underutilised gap siteii. Surprised to find out that a site within the village was considered to be greenbelt.

7.2 There was also a request from Councillor O'Rourke for the application to be determined by thePlanning and Transportation Committee.


8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisionsmust be made in accordance with the development plan unless material considerations indicateotherwise. The proposal is not considered to be strategic in nature, therefore the application can beassessed in terms of the local plan policies.

8.2 Development Plan − North Lanarkshire Local Plan (NLLP): Residential development in the Green Beltis covered by Policy NBE 3A (Assessing Development in the Green Belt). This policy protects thecharacter and promotes acceptable development within the green belt by presuming against newresidential development unless shown to be necessary for agriculture, forestry or other usesappropriate only to a rural area. The NLLP also requires proposed developments to be assessedagainst policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact ofDevelopment) and DSP 4 (Quality of Development). Due to the limited nature of the development theproposal raises no issues with regards to Policies DSP 1, DSP2, and DSP3.

8.3 Other Material Considerations − Scottish Planning Policy states that local development plans shouldset out detailed boundaries of the green belt and identify types of development which are appropriatewithin them. It states that where a proposal would not normally be consistent with green belt policy itmay still be considered appropriate either as a national priority or to meet an established need if noother suitable site is available. It also indicates a presumption in favour of development thatcontributes to sustainable development. In this case the proposal is not a national priority and there isno demonstrable or established need for the dwellinghouse to be located within the green belt as

existing housing (or land for housing development) is available within the wider North Lanarkshirearea. The site (as part of larger site put forward during the Call for Sites process of the emerging LocalDevelopment Plan) was deemed unsustainable and was therefore not selected to become part of thehousing land supply for the Motherwell Housing Sub Market Area. Furthermore sites of less than 4units are not counted towards housing land supply and fall to be determined entirely on local merit.SPG 07 Assessing Development in the Green Belt (SPG 07) sets out that any exceptions to PolicyNBE 3A must be evidenced by special circumstances demonstrated by the applicant.

8.4 In terms of Policy NBE 3A a new residential dwelling, to satisfy assessment criteria, would require tobe in conjunction with an acceptable Green Belt use and the proposed development does not meetthese criteria. SPP sets out that developments not consistent with Green Belt policy can beconsidered if it can be demonstrated that the development is a national priority or meets anestablished need if no other suitable site is available. SPG 07 echoes this position in looking for newresidential developments unconnected with a Green Belt use to demonstrate special circumstances.The applicant has indicated that the site forms a gap site within the Newarthill village envelope;however neither the North Lanarkshire Local Plan (2012) or emerging plan include the site within thesettlement boundary. The applicant also indicates that the boundary identified in the NLLP is at oddswith SPP guidance and that the settlement boundary should extend around the development locatedon Biggar Road to the north east encompassing the application site. Prior to being adopted The NorthLanarkshire Local Plan (2012) went through various stages of consultation, including being rigorouslyscrutinised by reporters on behalf of the Scottish Government. If the boundary was at odds withScottish Planning Policy, then this would have been raised and addressed at this point.

8.5 The applicant highlights various applications which have been approved within the surrounding areasince the late 1970s to present day. Other relevant applications, particularly more recent examples,are material considerations, however first and foremost an application must be considered on its ownmerits. Incidentally the most recent approvals in closest proximity to the application site at MacinnesDrive (99/00931/OUT and related applications) used to be a haulage depot, and the site to the south(10/00684/FUL) had been identified within the emerging NLLP as land being made available forhousing at time of submission, so neither were considered to be contrary to greenbelt policy.Furthermore the applicant's key approvals which have been referenced, and being used to indicatethat a precedent has been set, were 25 and 38 years ago. During this intervening period national andlocal policy and guidance has changed on such matters, and as such these decisions have much lessrelevance to the current application than more recent decisions.

8.6 The applicant identifies the site as a gap site and as brownfield land, however also indicates that thesite is rough grazing land. Rough grazing land is not brownfield land and the site is not considered tobe brownfield land. The applicant has also indicated that the proposal would help boost the localeconomy, enhance the landscape setting and strengthen the greenbelt at this location, however theimpact on the local economy would be very minor given the scale of the development, and it is notconsidered that the landscape setting or greenbelt strength would be improved through approval ofthis application. In addition the site if developed would in actual fact leave a gap site.

8.7 The applicant has also indicated that the proposal would have a positive contribution to NLC housingland supply. It is further indicated that a recent appeal decision (16/00040/REFSL) in which the appealwas upheld on the basis that the reporter considered that the Council had a shortfall in its 5 yeareffective supply of housing land. It is difficult to see how this appeal decision can be applied to whatconstitutes completely different circumstances. The appeal decision which the applicant refers to wasfor a much larger site approximately 16 hectares in area, would accommodate approximately 180dwellings and is located within the Airdrie/Coatbridge Housing Sub Market Area; by contrast theapplication site is 0.16 hectares, would accommodate a single dwelling and is located within theMotherwell Housing Sub Market Area. It should be noted that sites of less than 4 units are not countedtowards housing land supply and fall to be determined entirely on local merit. It should also be notedthat the application site is at a different location from the appeal site and the reporter made no mentionas to whether the shortfall affected North Lanarkshire as a whole, or just the Airdrie/CoatbridgeHousing Sub Market Area.

8.8 Should the argument submitted by the applicant be accepted as a justification for housing in thegreenbelt, it would undoubtedly set an undesirable and unwanted precedent for other inappropriatedwellinghouses in the green belt (particularly at this location). This in turn would contribute to the

incremental erosion of the green belt and the character of the wider rural area. It would alsoundermine the key attempts of both national and local planning policy to promote urban renewalthrough the use of brownfield sites. It is not considered that the applicant's justification for theproposed development satisfies the assessment criteria, and it is therefore considered that theapplication is contrary to Policy NBE 3A, SPP and SPG 07.

8.9 Policy DSP 4 sets out that development will only be permitted where high standards of site planningand sustainable design are achieved. This policy sets out criteria and requirements in this respectwhich include; character and setting, site appraisal and evaluation of design options, water bodystatus protection, integration into the local area, and safe access for cars. The application is forplanning permission in principle and no details of the proposed dwellinghouse have been submitted. Ifthe Committee is minded to approve the application then conditions will be attached to the permissionwhich take cognisance of this policy.

8.10 ConsultationsThere were no objections following the consultation exercise. However if the Committee are minded toapprove the application then various conditions will require to be attached to address variousconcerns.

8.11 RepresentationsIn relation to the supporting comments made above, the site is not considered to be a gap site. Thesite is located within the greenbelt and not within the boundary of Newarthill as defined by the NorthLanarkshire Local Plan (2012). The proposal is considered to be contrary to Policy NBE 3A asindicated in paragraph 8.8 above.

9. Conclusions

9.1 Taking the above into account it is considered that the proposed development is contrary to policyNBE 3A of the North Lanarkshire local Plan, the associated SPG 07 and Scottish Planning Policy(SPP) as the proposal is unconnected with agriculture or any other rural use and without adequatejustification or any exceptional circumstances, would set an undesirable precedent and wouldcontribute to the incremental erosion of the Green Belt and its associated rural character. There are noother material considerations which indicate that planning permission should be granted in thisinstance. It is therefore recommended that planning permission be refused.


17/00160/AMD Section 42 Application to Modify Planning Conditions Relatingto Archaeology and Finished Materials for Waste to HeatEnergy Recycling Facility (13/02371 /AMD).Site Address:

Drumshangie OCCSGreengairs RoadGreengairs

Date Registered:

15th February 2017

Applicant:Macrocom (1023) LimitedC/o Agent


Ward:007 Airdrie NorthAlan Beveridge, Sophia Coyle,Andrew Spowart,

Recommendation:

Thomas Morgan,

Approve Subject to Conditionsand Direction


Agent:Turnberry Planning Ltd41−43 Maddox StreetLondonUnited KingdomW1S 2PD


Representations:No representation received.

The proposed modification of conditions attached to the Energy from Waste plant (EfW)development are considered to be in accordance with the terms of the current developmentplan and Circular 4/1998 The use of Planning Conditions In Planning Permissions.Consequently, there would be no additional significant environmental impacts as a result ofamending the wording of these conditions however, given the age of the EnvironmentalStatement and supporting information etc. allocated with the original planning permission thetimescale for implementing this amended planning permission should be restricted to 12months.

Proposed Direction: North Lanarkshire Council directs that subsection (1) (b) of section 58of the Town and Country Planning (Scotland) Act 1997 applies as respects planningapplication reference 17/00160/AMD with the substitution for the period of 3 years referred toin each of that subsection, by the period of 1 year.

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Development: Section 42 Application to ModifyPlanning Conditions Relating to Archaeology andFinished Materials for Waste to Heat EnergyRecycling Facility (131023711AMD).


except as may otherwise be agreed in writing by the Planning Authority, the development shallbe implemented in accordance with drawing numbers:_

• B41679 (1−) 200, Location Plan• M1280−1001 Rev D (Site Plan)• M1280−1017 Rev E (Proposed Wide Section B−B)• M1280−1018 Rev D (Proposed Wide Section C−C)

• M1280−SK08 Rev A (Preliminary Plant Layout)• M1280−SK10 Rev A (Admin. Building Proposal)• 80921400/3/03 Rev A Existing Site Long Sections• B0921400/3/012 Rev A Weighbridge and Security Gate House Plans and Elevations

80921400/3/013 Rev A Proposed 3 D Images• B0921400/3/014 Rev A Landscape Proposals Master plan


2. That prior to the acceptance of any waste materials into the site, the Materials Recycling Facility andash recycling facilities must be fully operational. These facilities shall be implemented in accordancewith the approved plans prior to the operation of the development hereby approved. For the avoidanceof doubt, all waste going into the Energy from Waste plant shall first be pre−treated in a materialsrecovery facility, except where pre−treatment of separate segregated wastes is not required inaccordance with the requirements of the PPC Permit (or such equivalent environmental permit) for thedevelopment as approved by SE PA.

Reason: To ensure the operation of the development accords with Scottish Governments waste policyand accords with the principles of sustainable waste management.

3. That prior to the operation of the plant, full details of the combined heat and power (CHP)infrastructure, including the off−take and pipe−work required as part of a Heat Plan (approved underSEPA's PPC Permit (or such equivalent environmental permit)) shall be submitted to and approved inwriting by the Planning Authority in consultation with SEPA. For the avoidance of doubt the agreedCHP infrastructure shall extend where appropriate to the boundary marked in red in approved drawingnumber 841679 (1−) 200, Location Plan and shall be constructed under the provisions of the approvedHeat Plan prior to the operation of the plant.

Reason: In order to ensure that the physical measures required to enable heat to be exported areimplemented and so ensure that the plant is capable of achieving efficiency targets in accordance withGovernment policy and SEPA's thermal treatment guidelines.

4. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with thePlanning Authority, full details of the proposed surface water drainage scheme shall be submitted toand for the approval of the said Authority. For the avoidance of doubt the drainage scheme mustcomply with the requirements of the publication titled 'Drainage Assessment: A Guide for Scotlandand any other advice subsequently published by the Scottish Environment Protection Agency (SEPA)or the Sustainable Urban Drainage Scottish Working Party (SUDSWP).The post−development surfacewater discharges shall ensure that the rate and quantity of run−off to any watercourse are no greaterthan the pre−development run−off for any storm return period unless it can be demonstrated that ahigher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided

even where discharges are proposed to public sewers notwithstanding any conditions imposed byScottish Water. If the area of ground illustrated on Drawing No B0921400131004 Rev A for the SUDS isinadequate for the purpose, a revised layout drawing for this part of the proposed development shallbe submitted to and for the approval of the Planning Authority prior to any works of any descriptionbeing commenced on the application site, unless otherwise agreed in writing with the said Authority.


5. That the SUDS compliant surface water drainage scheme approved in terms of Condition 4 above;shall be implemented contemporaneously with the development in so far as is reasonably practical.Within three months of the construction of the SUDS, a certificate (signed by a Chartered CivilEngineer experienced in drainage works) shall be submitted to the Planning Authority confirming thatthe SUDS has been constructed in accordance with the relevant CIRIA Manual and the approvedplans.


6. That notwithstanding the terms of Conditions 4 and 5 above, a Flood Risk Assessment shall besubmitted to the Planning Authority BEFORE any works of any description start on the application site,unless otherwise agreed in writing with the said Authority. For the avoidance of doubt, the Flood RiskAssessment must take account of Scottish Planning Policy (SPP) 2014 and the Online PlanningAdvice on Flood Risk.

Reason: In order that the Planning Authority might be satisfied that the proposed development will notgive rise to flooding within the application site and will not increase the flood risk elsewhere.

7. That any flood mitigation works identified in the Flood Risk Assessment, approved in terms ofCondition 6 above; shall be implemented contemporaneously with the development in so far as isreasonably practical. Following the construction of all of the flood mitigation works, a certificate(signed by a Chartered Civil Engineer experienced in flood mitigation) shall be submitted to thePlanning Authority confirming that the flood mitigation works have been constructed in accordancewith the approved plans.

Reason: To ensure that the development site and adjacent land and property will not be subjected tounacceptable flooding in the interests of public safety and amenity.

8. That BEFORE any works start on site, the applicant must confirm in writing to the Planning Authoritythat the foul drainage can be connected to the public sewer in accordance with the requirements ofScottish Water. The surface water must be treated in accordance with the principles of theSustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published byCIRIA in March 2000.

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

9. That BEFORE the development hereby permitted starts, a Landscape Master plan (mitigation) thataddresses all of the proposed landscape mitigation measures noted in the Environmental Statementincluding all site and off−site landscape works shall be submitted to, and approved in writing by thePlanning Authority, and it shallinclude:−(a)

details of any earth moulding and hard landscaping, boundary treatment, grass

seeding and turfing;(b) a scheme of tree, shrub and hedgerow planting, incorporating details of the location,

number, species variety and size of trees, shrubs and hedges to be planted;(c) an indication of all existing trees and hedgerows, plus details of those to be retained,

and measures for their protection in the course of development and replacement of alltrees lost as a result of the development.

(d) a detailed timetable for all landscaping works which shall provide for these worksbeing carried out contemporaneously with the development of the site.


10. That all works included in the scheme of landscaping and planting, approved under the terms ofcondition 9 above, shall be completed in accordance with the approved timetable, and any trees,shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years ofthe commencement of operations of the plant hereby permitted, shall be replaced within the followingyear with others of a similar size and species.

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

11. That BEFORE the development hereby permitted starts, a management and maintenance schemeshall be submitted to, and approved in writing by the Planning Authority, and it shall include proposalsfor the continuing care, maintenance and protectionof:−(a)

(b)(C)

(d)(e)(f)

the proposed footpaths;the proposed parking areas;the proposed external lighting;the proposed grassed, planted and landscape areas;the proposed fences;the proposed landscape mitigation measures approved under condition 10 above.


12. That BEFORE completion of the development hereby permitted, the management and maintenancescheme approved under the terms of condition 11 above shall be in operation.

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

13. That BEFORE any works start on site, a Habitat and Species Management Plan and a ConstructionEnvironmental Management Plan, both prepared by a qualified ecologist, shall be submitted to andapproved in writing by the Planning Authority. These management plans shall include updatedpie−construction

surveys of all protected species affected by the development (identifying appropriatemitigation where required), methodology for the management of all habitat and species affected by thedevelopment through the course of construction as well as measures to enhance the adjacent SlNCsand habitat therein, both during and post construction.

Reason: To enable the Planning Authority to consider these aspects in detail in the interests of natureconservation within the site and surrounding area.

14. That BEFORE any development starts on site, the Habitat and Species Management Plan and theConstruction Environmental Management Plan, approved under the terms of condition 13 above, shallbe in operation.

Reason: In the interests of nature conservation within the site and surrounding area.

15. That before any works start on site, the applicant shall appoint an Ecological Clerk of Works' whichshall be a person or body suitably qualified in ecological matters. The remit of the 'Ecological Clerk ofWorks' shall be agreed with the Local Planning Authority prior to the appointment being made, but thisshall include the co−ordination of all works with implications for nature conservation within and aroundthe site, to monitor and ensure the satisfactory implementation of all related mitigation works andoversee compliance with the Habitat and Species Management Plan and the ConstructionEnvironmental Management Plan agreed under the terms of condition 14 above.

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

16. That before any works start on site, a lighting strategy including details of all proposed lighting andlighting columns to be used throughout the entire site shall be submitted to and approved in writing bythe Planning Authority in consultation with SNH.

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

17. That prior to their installation, full details and samples of the facing materials to be used on theexternal walls and roofs of all buildings, all external units, apparatus and equipment houses and thestack shall be submitted to, and approved in writing by the Planning Authority and the developmentshall be implemented in accordance with the details approved under the terms of this condition.


18. That BEFORE any works of any description start on the application site, unless otherwise agreed inwriting with the Planning Authority, a comprehensive site investigation report shall be submitted to andfor the approval of the said Authority. The investigation must be carried out in accordance with currentbest practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR11. The report must include a site specific risk assessment of all relevant pollution linkages and aconceptual site model. Depending on the results of the investigation, a detailed Remediation Strategymay be required.

Reason: To establish whether or not site decontamination is required in the interests of the amenityand wellbeing of future operatives.

19. That any remediation works identified by the site investigation required in terms of Condition 18 above,shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a charteredEnvironmental Engineer) shall be submitted to the Planning Authority confirming that any remediationworks have been carried out in accordance with the terms of the Remediation Strategy.

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

20. That BEFORE works commence on site, the developer shall confirm in writing to the PlanningAuthority that full details of the maximum height, ordinance survey grid position and lighting of allstructures within the site, and the anticipated construction start and finish dates, has been provided toDefence Estates Safeguarding, and thereafter any changes to these details.

Reason: To ensure appropriate information is provided to Defence Estates Safeguarding in theinterests of air traffic safety.

21. That before any works start on site, written evidence shall be submitted for the approval of thePlanning Authority, demonstrating that both Scotland Gas Networks and the Health and SafetyExecutive have accepted the proposed protection measures for the High Pressure Gas Mains runningthrough the site.

Reason: To ensure that appropriate protection has been afforded to the High Pressure Gas pipelinesin the vicinity of the application site.

22. That the developer shall afford access at all reasonable times to an approved archaeologicalcontractor approved by the Planning Authority to allow them to observe work in progress and recordany items of interest and finds uncovered by the proposed works, and that notification of thecommencement date shall be given to the Council or the approved archaeological contractor in writingnot less than 14 days before work commences on site.

Reason: To ensure that any archaeological found at the development site may be recorded beforeworks are allowed to proceed.

23. That notwithstanding the terms of planning condition 1 above, and before the development herebypermitted starts, further details of the proposed roads, roundabouts, footpaths, cycle ways, HGVwaiting areas, staff and visitor parking areas should be submitted to and approved in writing to thePlanning Authority including any revisions. For the avoidance of doubt the proposed road leading fromthe southern roundabout to serve the site should terminate in a turning circle and not a hammerheadarrangement as shown.


24. That before the development hereby permitted is brought into use, all the parking and manoeuvringareas agreed under the terms of condition 23 above, shall be levelled, properly drained, surfaced in amaterial which the Planning Authority has approved in writing before the start of surfacing work andclearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

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

25. That before the development hereby permitted is brought into use, the means of vehicular, cyclist andpedestrian access shall be constructed in accordance with those details agreed under the terms ofconditions 24 above.

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

26. That waste deliveries to the site shall be between the hours of 800am and 500pm Monday−Fridayand 800am to 1 .00pm on Saturdays, with no waste deliveries out−with these hours.

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

Background Papers:


None


Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632500

Report Date:

10th March 2017

APPLICATION NO. 17/00160!AMD

REPORT

1. Site Description

1.1 The application site area is identical to that approved under the terms of original planning permission08/01023/FUL (subsequently amended by planning permission 13/02371/AMD) and is located withinpart of the former Drumshangie Open Cast Coal Site that has now been restored.

1.2 The application site is characterised by the surrounding restored plateau moorland landscape whichconsists of marsh, marshy grassland, broadleaf and non−commercial coniferous plantation woodland,unimproved acid grassland, improved and semi improved grassland and bare land traversed by publicfootpaths.

1.3 The site is located almost equidistant between Plains and Greengairs and is bounded along part of itssouthern site boundary by Darngavil Road which links the two villages. The site bounded to the west,north and east by the outlying restored moorland landscaped areas.


2.1 The applicant is seeking permission under the terms of section 42 of the Town and Country Planning(Scotland) Act 1997 to modify conditions of previously approved permission 12/01012IAMD andcarried forward by virtue of 13102371/AMD Conditions proposed for modification includes,archaeology works (condition 18) and finished materials (condition 23) outlined below. The applicantalso seeks to vary the commencement of development notwithstanding its attachment to the previouspermission as an informative. There is also a consequential 'knock on' relating to the numbering ofconditions replicated in the decision, however, this latter consequence is not considered material tothe eventual decision should members be minded to approve. For ease of reference both conditionsare stated below in their approved form with changes shown in the proposed conditions section of thisreport (revised no. 17 and no. 22 respectively). Changes proposed relate to the solely to the wording ofthe condition wording of the condition removing reference to a specific archaeologist in condition (22)and varying the timing of the submission of samples in condition (18). The applicant also seeks tochange the time for commencement to five years from the decision date.

18. That BEFORE the development hereby permitted starts, full details and samples of the facingmaterials to be used on the external walls and roofs of all buildings, all external units,apparatus and equipment houses and the stack shall be submitted to, and approved in writingby the Planning Authority and the development shall be implemented in accordance with thedetails approved under the terms of this condition.


23. That the developer shall afford access at all reasonable times to Rathmell Archaeology (orother archaeology contractor approved by the Planning Authority) prior to the commencementof the development, and shall allow them to observe work in progress and record any items ofinterest and finds uncovered by the proposed works, and that notification of thecommencement date shall be given to the West of Scotland Archaeology Service or theapproved archaeological contractor in writing not less than 14 days before work commenceson site.

Reason: To ensure that any archaeological found at the development site may be recordedbefore works are allowed to proceed.

The amended conditions are worded as follows:

17. That prior to their installation, full details and samples of the facing materials to be used on theexternal walls and roofs of all buildings, all external units, apparatus and equipment housesand the stack shall be submitted to, and approved in writing by the Planning Authority and the

development shall be implemented in accordance with the details approved under the terms ofthis condition.


22. That the developer shall afford access at all reasonable times to an approved archaeologicalcontractor approved by the Planning Authority to allow them to observe work in progress andrecord any items of interest and finds uncovered by the proposed works, and that notificationof the commencement date shall be given to the Council or the approved archaeologicalcontractor in writing not less than 14 days before work commences on site.

Reason: To ensure that any archaeological found at the development site may be recorded beforeworks are allowed to proceed.

2.2 The proposed development was initially approved under the terms of planning permission08/01023/FUL and would involve the construction of a proposed combined heat and power (CHP)waste management plan with a capacity to deal with 350,000 tonnes of waste per annum. Theproposed waste plant includes a Material Recovery Facility (MRF), Energy from Waste (EfW)Incinerator and new access road and roundabout.

2.3 Whilst planning permission 13/02371/AMD was granted for this proposed waste management facilityon March 2017, conditions (18) and (23) of that permission being retained under the terms ofamended planning permission, the initiation of the development continues to require the consenteddevelopment to commence before 19th March 2017. The time for commencement of the developmentwas by virtue of Section 58 of the Act (3 years) with an advisory note attached to the decision ofpermission 13/02371/AMD and not as the applicant states, in his covering letter, by virtue of planningcondition. The consequence of this and whether it is appropriate to extend the time forcommencement further under section 42 of the Act is considered in paragraph 8.12 below. Theapplicant seeks to vary the time for commencement to 5 years.


3.1 The applicant has submitted supporting information with this application in the form of a letter whichprovides the list of conditions including modified of conditions (18) and (23) which consider therewording of each condition respectively.

3.2 Screening Opinion under Regulation 6(1) of the Environmental Impact Assessment (EIA) (Scotland)Regulations 2011.

It is considered that while the applicant has not submitted a screening request for this proposalqualifying as a Schedule II within the EIA (Scotland) Regulations 2011, overall it is concluded that themodification of condition in this instance does not require an Environmental Impact Assessment.Taking into account the nature of this application it is considered that it is unlikely that there would bea significant and complex environmental effect from the proposed changes that would have anirreversible effect on the environment. Consequently it is considered that a detailed study through EIAis not required in this instance. There is however significant concern that were there to be a continualsubmission of minor amendments to the principle application, thereby extending the instance of theenvironmental statement and subsequently diminishing its relevance, then there is the likelihood thatan updated Environmental Statement would be required.

4. Site History

4.1 The following planning permissions are considered relevant to the application and contain theconditions which the applicant seeks to vary:

• 08/01023/FUL Construction of Waste to Heat and Energy Plant, Recycling Facility, Access Road andAssociated Works approved 7th May 2006.

• 12/01012/AMD Variation to Conditions 3 and 5 and Deletion of Condition 4 of Planning Permission(expired 08/01023/FUL (as amended) (Construction of Waste to Heat and Energy Plant, RecyclingFacility, Access Road and Associated Works) application approved 13 December 2012.

• 13/02371/AMD Section 42 Variation to Condition 1 of Planning Permission 12/01012/AMD to ExtendTimescale for Commencement of Waste to Heat & Energy Plant (EM!) until 7th May 2017 approved19th March 2014.

• 13/02384/AMD Section 42 Variation to Condition 27 of Planning Permission 12/01012/AMD(Proposed Waste to Heat and Energy Plant (ENV) to Allow Delivery of Waste from 7.00 am to 8.00pm Monday to Sunday (Inclusive) Excluding Christmas Day and New Years Day approved 19thMarch 2014.

• 14/02552/AMD s.42 Variation to Condition 2 (List of Approved Drawings) of Extant PlanningPermission 12/01012/AMD (Proposed 350,000 tpa Energy from Waste (EM!) IncineratorPlant).Approved 19th February 2015.

5. Development Plan

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

5.2 Most of the application site area is zoned as NBE 3B (Assessing Development in the Rural InvestmentArea) in the North Lanarkshire Local Plan. A small part of the site area (where the dedicated wastedelivery access road would adjoin the B803) falls within an area covered by policy NBE 3 A (GreenBelt). The site is identified under policy EDI 1 Al "W" as an existing waste management facility.

6. Consultations

6.1 No additional comments were requested given that the application has been assessed and approvedunder the above Local Plan Policies a position that remains unchanged. (See paragraphs 8.1−8.4)

7. Representations

7.1 Following the standard neighbour notification process and newspaper advertisement, no letters ofrepresentation were received.


8.1 This planning application was submitted under the terms of Section 42 of the Town and CountryPlanning (Scotland) Act 1997, which allows for the determination of applications to develop landwithout compliance with conditions previously attached to existing planning consents.

8.2 Section 42 of the Act sets out that on receiving such an application, the Planning Authority need onlyconsider the question of the conditions subject to which planning permission was granted. If it isdecided that planning permission should be granted subject to different conditions, or that it should begranted unconditionally, planning permission should be granted.

8.3 Conversely, should it be decided that planning permission be granted with the same conditions towhich the previous permission was approved, then planning permission should be refused.

8.4 As no material changes have been made to the approved design, purpose or capacity, the main issueto assess is whether the proposed modification to conditions would be acceptable in terms of thecurrent development plan and any other material considerations, while conforming to the provisions ofCircular 4/1998 The use of Planning Conditions in Planning Permissions.

Glasgow and the Clyde Valley Strategic Development Plan 2012

8.5 On the basis that the current Section 42 application seeks to amend the commencement ofdevelopment date and conditions (18) archaeology works and (23) finished materials of the previouslyconsented development, it is considered there are no strategic implications to be addressed under thecurrent structure plan. The determination of this Section 42 application therefore requires to beconsidered under the terms of the North Lanarkshire Local Plan and any relevant supplementaryplanning guidance.

8.6 In considering the circumstances under which the application was approved it should be noted that therelevant local plan is the North Lanarkshire Local Plan.

8.7 Development Plan: North Lanarkshire Local Plan (NLLP): The application site is located within an areazoned as NBE 3 B (Rural Investment Area) and is also identified in the local plan as suitable site for awaste management facility under policy EDI Al. As such the proposed development in principle is inaccordance with the Local Plan.

8.8 The impacts from the construction and operations of the proposed EfW plant was previously assessedas acceptable following consideration of the EIA Environmental Statement. There would be noalteration to the scale and type of the waste facility, as such; Development strategy policies DSPIAmount of Development, DSP2 Location of Development and DSP3 Impact of Development are notrelevant in the assessment of this application.

8.9 DSP4 Quality of Development: quality design aspects were previously deemed acceptable under thepreviously considered planning permissions. The applicant is not seeking to remove the requirementfor archaeological works and the submission of finishing materials for approval but rather he is seekingto rationalise the wording of these conditions to more accurately concur with the provisions of therelevant Circular 3/2013, Development Management Procedures. In doing so, the applicant continuesto encompass the requirement to comply with the relevant conditions within the rewordingdemonstrated in this application, should the members be minded to grant, thereby continuing tocomply with policy DSP4 Quality of Development as it relates to conditions (18) and (23).

8.10 There are no other material planning considerations identified as a result of this application.

8.11 The applicant comments that Planning Permission 13102371/AMD was granted subject to one newcondition which purports to attach all conditions (except condition 1) from the original PlanningPermission 12/01012/AMD by reference, that is to say, the conditions from the original planningpermission were imposed on Planning Permission 13/02371/AMD. It is noted that this is not bestpractice and does not conform to guidance stipulated in Annex I (2c) and Annex I (6) of the PlanningSeries Circular 312013 Development Management Procedures (as revised 2015) concerning Section42 applications. Therefore, in considering a modification of the wording of the relevant conditions thereis no prospect that if approved the changes to the wording of these conditions will result in additionalnegative environmental impact from the (EfW). Conversely, this application is seeking to rationalisetwo planning conditions embedded within the current planning history of a development which theapplicant considers to be poorly worded. Consequentially and ordinarily the time for implementation ofthe development if approved would be by virtue of Section 58 of the Act (3 years). As such theapplicant is not proposing additional physical development but instead aligning an approved decisionnotice with the provision of the relevant circular on planning conditions. It therefore has to be acceptedthat the by virtue of the approval of the original permission, that the proposal continues to accord withthe development strategy policies, on the basis of the rewording of conditions(18) and (23) proposed.The revised conditions continue to comply with the provisions of Circular 4/1998 The use of PlanningConditions In Planning Permissions.

8.12 Variation of time for the initiation of development: In turning to extant permission 13/02371/AMD, thedate of commencement set by virtue of Section 58 of the Act (3 years) was not the subject of planningcondition but instead referred to in the accompanying advisory note to that permission. Condition 1,referred to in the applicants supporting letter, in effect carries forward the remaining conditions frompermission 12/01012/AMD with the exception of condition 1 (time of commencement). It shouldtherefore be noted that the subject extant permission, 13/02371/AMD had the singular aim ofextending the time of commencement for the development having previously been set by permission

12/01012/AMD (now expired). Permission 13/02371/AMD is due to expire on the l 9 " March 2017. Itfollows that having specifically extended the time for commencement, till the 19 March 2017, thecurrent commencement date remains otherwise unchanged and notably not the subject of a planningcondition in permission 13/02371/AMD. However, in recognising the ineffectiveness of considering thismodification to planning conditions attached to a permission which is due to expire prior to anopportunity for the members to come to a decision, members attention is drawn to the Circular 3/2013(Development Management Procedures) Annex I Applications for planning permission under section42 of the Act. This advises that in determining Section 42 applications, where a new permission isgranted, the new duration will be as specified in Section 58 of the Act (three years). That said, it wouldbe possible for the Planning Authority to direct that an alternative time period applies. Put simply, theduration of the new permission will be as specified in Section 58 of the Act, unless the Authoritygranting planning permission directs otherwise. Given that the application and tangentialEnvironmental Statement was first approved on the 7th May 2009, there is justifiable concern that theoriginal permission may not soon be supported by information up to date and relevant as it should be,given the passage of time since the original decision. A situation which can only be exacerbated in thefuture through the continuous renewal of planning permission in the preceding manner. In thisapplication the applicant is requesting a further 5 years making the original information submittedpotentially 13 years old. It is however also recognised, from the applicants supporting information(covering letter), which advises that the land owner is currently in negotiations with a potential operatorfor the proposed waste to heat and energy plant (EfW) prompting this application to alter andrationalise approved conditions. Therefore, on balance it is recommended that an informative isattached to any decision notice providing 1 year to commence the development and to enable the landowners' negotiations to continue while maintaining a requirement for contemporary supportinginformation and Environmental Statement.

8.13 The applicant has requested that he be heard in person by the committee as he advises that thisparticular project is approaching a critical phase in the delivery of the scheme requiring that theyprovide their commercial partners confidence that there is sufficient time to secure all necessaryenvironmental consents and contracts. The applicant is therefore seeking a 5−year Direction but ifconsidered by the Committee to be unacceptable, then he would be willing to accept a 3−yearDirection.

Conclusions

9.1 The application which was submitted under Section 42 of the Act seeks to reword two conditions, therewording of which concurs with the terms of the current approval and development plan. As such,there would be no additional significant environmental impacts as a result of modifying theseconditions. It is also recommended that, under Direction, the timescale for the initiation of developmentis restricted to allow a further 1 year to commence the development. The applicant has howeverrequested a longer period of 5 years, but is willing to accept 3 years, on the basis that the landownerrequires additional time to negotiate with prospective operators for the approved development.

Application No:

17/001 78/FUL


Construction of 6 Flats (Renewal of Planning Permission)Site Address:

10 Old Mill ViewCroyG65 9JB

Date Registered:

9th February 2017

Applicant:McGoldrick Developments Ltd10 Baird AvenueStrutherhill industrial EstateLarkhallSouth LanarkshireMI−9 2PJ

Application Level:

Agent:Block Architects Ltd18 Cairnryan CrescentBlantyreSouth LanarkshireG72 OJJ


Ward: Representations:001 Kilsyth 1 letter of representation received fromJean Jones, Heather McVey, Alan Stevenson, Croy Community Council.



The application is for the renewal of an existing Planning Permission and as there has beenno material change to the site since the previous consent, the proposed renewal of theconsent is considered to be acceptable.

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Planning Application: 17/00178/FULName (of applicant): McGoldrickDevelopments LtdSite Address: 10 Old Mill ViewCroyG65 9,113Development: Construction of 6 Flats(Renewal of Plannina Permission)

ANorth

Lanarkshire

7Council


except as may otherwise be agreed in writing by the Planning Authority, the development shall beimplemented in accordance with drawing numbers:− 16−152−GA 001 −007 inclusive.


2. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with thePlanning Authority, full details of the proposed surface water drainage scheme shall be submitted to thesaid Authority before development starts and shall be certified by a chartered civil engineer as complyingwith SEPA SUDS guidance.

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

3. That the SUDS compliant surface water drainage scheme approved in terms of Condition 2 shall beimplemented contemporaneously with the development in so far as is reasonably practical. Within threemonths of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall besubmitted to the Planning Authority confirming that the SUDS has been constructed in accordance withthe relevant SEPA SUDS guidance.


4. That before any works start on site, the applicant must confirm in writing to the Planning Authority that thefoul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water.

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

5. That before the development hereby permitted is brought into use a 1.8 metre wide footway shall beconstructed from the end of the existing footway at no. 10 Old Mill View southwards to the end of theadjacent parking area for the flats, beyond this point a 1.8m wide delineated service verge shall beprovided over the remaining frontage of the site.

Reason: In the interests of traffic and pedestrian safety.

6. That before the flatted dwellings hereby permitted are occupied, the car park drainage shall be installedand fully operational to ensure that no surface water runs onto the public road.

Reason: In the interests of traffic and pedestrian safety.

7. That before the development hereby permitted starts, full details of the design of all structures, includingretaining walls, supporting the public road/carparking/footway shall be submitted for technical approval.

Reason: In the interest of pedestrian and road safety.

8. That BEFORE the development hereby permitted starts, full details of the facing materials to be used onall external walls and roofs shall be submitted to, and approved in writing by the Planning authority and thedevelopment shall be implemented in accordance with the details approved under the terms of thiscondition.

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

9. That BEFORE the development hereby permitted starts, full details of the design and location of all fencesand walls, including the bin store to be erected on the site shall be submitted to, and approved in writingby the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail; in the interest of the amenityof the site and the general area.

10. That BEFORE any of the flatted dwellings hereby permitted, are occupied, the fence, or wall, as approvedunder the terms of condition 9; above, shall be erected.


11. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to,and approved in writing by the Planning Authority, and it shallinclude:−(a)

details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing;(b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size oftrees and shrubs to be planted;(c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures fortheir protection in the course of development;(d) a detailed timetable for all landscaping works which shall provide for these works being carried outcontemporaneously with the development of the site.

Reason: To enable the Planning Authority to consider these aspects in detail; in the interest of the amenityof the site and the general area.

12. That all works included in the scheme of landscaping and planting, approved under the terms of condition11 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areasof grass which die, are removed, damaged, or become diseased, within two years of the full occupation ofthe development hereby permitted, shall be replaced within the following year with others of a similar sizeand species.


13. That BEFORE the development hereby permitted starts, a management and maintenance scheme shallbe submitted to, and approved in writing by the Planning Authority, and it shall include proposals for thecontinuing care, maintenance and protectionof:−(a)

any tree/shrub planting, earth moulding and hard landscaping, boundary treatment, grass seeding andturfing;

(b) the proposed parking structure.(c) the bin store.(d) any proposed fences and or walls to be erected along the boundaries.(e) the SUDS and car park drainage system.


14. That BEFORE completion of the development hereby permitted, the management and maintenancescheme approved under the terms of condition 13 shall be in operation.



Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500

Report Date:

24th February 2017


REPORT

1. Site Description

1.1 The application site is located within an existing residential area. It is north−south orientated and of anarrow triangular shape and is a steep downward westerly sloping grass embankment. To the north,and east there is an existing residential area with a bungalow directly to the north and traditionaltwo−storey

dwellings to the east. Directly to the south and east there is an area of open space. With thearea to the west beyond the existing hedgerow boundary forming part of a Site of Importance forNature Conservation (SINC).


2.1 Permission is sought to renew the existing consent for the construction of six flatted dwellings on thesite which originally received consent on the 28t1 of May 2009 (08/00085/FUL), which was renewedand amended under planning application 14/01268/AMD. The existing consent under 14101268/AMDexpires on the 25th of July 2017. No changes are proposed to the layout or house types approvedunder the previous application.

2.2 The proposed development consists of a block of six flats formed over 3 storeys, with an L−shapedplan and dual−pitched roof. Dedicated parking along the eastern boundary of the site is proposed. Dueto the sloping nature of the site a significant amount of cut and retention is proposed.


3.1 No supporting information was submitted.

4. Site History

4.1 Planning application 08/00085/FUL for the construction of 6 Flats on the site was granted PlanningPermission after a site visit and hearing on the 28" of May 2009. Planning application 14/01268/AMDfor Non Compliance with Condition I of Planning Permission 08/00085/FUL (Construction of six 1Bedroom Flats) was approved on the 25th of July 2014. A section 64 variation was approved on the12th of October 2016 that changed the elevations and internal layout of the approved block but not howit relates to surrounding houses or in terms of scale, massing and footprint. The current applicationunder consideration is to renew the above consent as reflected in the Section 64 variation.

5. Development Plan

5.1 The application site's designation is an existing (short−term) housing land supply site covered byPolicy HCF 2A1 with a ref NLCN0492.

6. Consultations

6.1 No consultation responses have been received. Although in this case, this is less important as thisapplication is a renewal and there has been no material change in circumstances since the mostrecent and extant approval.

7. Representations

7.1 One letter of representation received from Croy Community Council. The objection is on the groundsthat the proposal will be detrimental to the character of the village and the rural character of thesurrounding area and will generate additional traffic.


8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planningdecisions must be made in accordance with the development plan unless material considerations

indicate otherwise. The proposal raises no strategic issues and as such requires to be assessedagainst Local Plan Policies.

8.2 The site has been identified as a housing site as a result of its planning history and extant planningpermission and as such, the principle of housing has been established. It is considered that nofurther assessment is required for Policy DSP 4 as no changes are being proposed to thedevelopment previously granted. In terms of the objection from the community council, these pointshave been noted. However they cannot reverse the previous and extant planning permission asthere has been no material change of circumstance on site.

9. Conclusions

9.1 Based on the facts and the assessment within this report, it is considered that the proposal accordswith the relevant policies of the North Lanarkshire Local Plan 2012 and permission is herebygranted to extend the existing consent subject to conditions.

Application No:

17/001911F(JL

Date Registered:

7th February 2017

Applicant:Ogilvie Homes LtdOgilvie House200 Glasgow RoadStirlingScotlandFK7 8ES

Application Level:Local


Proposed Erection of 11 No. New Dwellings to Vacant SiteSite Address:

Sites East Of King's DriveWesterwoodCumbernauld

Ward:002 Cumbernauld NorthBalwant Singh Chadha, Alan Masterton, BarryMcCulloch, Alan O'Brien,

Recommendation:


Refuse

Agent:N/A


Representations:68 letters of representation received.

The proposed development is considered unacceptable as it would result in the removal of anarea of amenity open space (including woodland) which is considered a valuable landscapebuffer to the detriment of the amenity of the adjacent housing and wider housing area. Theproposal is considered to have a unacceptable adverse impact on established residentialamenity of the area contrary to Local Plan Policy.

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Reproduced by permission of Planning Application: 17100191!FIJLthe Ordnance Survey on Name (of applicant): Ogilvie Homes Ltdbehalf of HMSO. © CrownCopyright and database right

I Site Address: Sites East Of Kings Drive2009. All rights reserved. I WesterwoodOrdnance Survey Licence Cumbernauldnumber 100023396. Development: Proposed Erection of 11

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Recommendation: Refuse for the FollowingReason:−The

proposed development is considered contrary to policy DSP 4 of the North Lanarkshire Local Planas it is considered that the removal of this area of amenity open space (including woodland) would havea detrimental impact on the established amenity of both the adjacent dwellings and wider housing area.Furthermore it is considered that the proposed development site offers a valuable establishedlandscape buffer and its removal would be to the detriment of the character and setting of the area.

Background Papers:


Traffic & Transportation received 2nd February 2017NLC Environmental Health (including Pollution Control) received 15th February 2017NLC Greenspace received 7th March 2017NLC Arbor received 81h March 2017NLC Education received 8th February 2017The Coal Authority received 14th February 2017Scottish Gas Network received 17" February 2017


Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01236 632500

Report Date:

10"' March 2017


REPORT

1. Site Description

1.1 The proposed development site is an area of landscape buffer including woodland adjacent to bothKings Drive and Queens Drive to the north of Eastfield Road and southeast of Dullatur. Theapplication site measures approximately 1.3 hectares and sits adjacent to Dullatur Road and has alinear appearance separated into three sections dissected by the accesses to both Kings and QueensDrive respectively. The small sections either side would contain two dwellings each and the middlesection 7 dwellings accessed from a rear access road connected to Kings Drive which terminates in aturning circle.


2.1 The applicant is seeking to develop 11 two storey detached dwellings in a linear development withaccess taken from Kings drive by an access road for 7 dwellings, driveway access for two dwellingsand access from Queens Drive by private access road/driveway for two dwellings. The dwellingsincorporate three house types with a mixture of integral and detached garages as well as in−curtilageparking. The dwellings incorporate a living room, kitchen/lounge area, dining room, bathroom(s) andfour or five bedrooms and are proposed to be finished in render and feature stone, upvc windows,interlocking roof tiles with the finishing materials to be submitted and approved by planning condition.


3.1 The applicant has submitted additional supporting information including a Planning Statement, Designand Access Statement, Architectural Design Statement, Ecological Assessment, InterimGeo−Environmental

Report, Tree Survey, Drainage Assessment, Previous Appeal Decision Notice,Previous Road Operations Observations and Street Engineering Review.

4. Site History

4.1 The site and surrounding area formed part of a wider housing release in terms of a new townexpansion which received detailed consent through the former Cumbernauld DevelopmentCorporation.

Application 15/02136/FUL − Assessment and Appeal Decision

4.2 The previous application for the site 15/02136/FUL for the erection of 11 dwellings was presented tothe Planning and Transportation Committee on the 27th January 2016 with a recommendation forrefusal and was continued to hold a hearing at the applicants' and objectors' request. The Planningand Transportation Committee held a hearing on 23 Td March 2016 and decided to refuse planningconsent for the development and a refusal notice was issued thereafter. The reasons for refusal wereasfollows:−1.

That proposed development is considered contrary to policy DSP 4 of the North Lanarkshire LocalPlan as it would result in the removal of an area of amenity open space and a valuable landscapebuffer for the existing housing development to the detriment of the amenity of the wider housingarea and would result in an unacceptable adverse impact on established residential amenity andcharacter of the area.

2. The proposed development is considered contrary to policy DSP 4 of the North Lanarkshire LocalPlan as the proposed access arrangements and visibility splay of the development are consideredsubstandard to the detriment of road safety.

4.3 The applicant subsequently appealed the Councils decision to refuse planning consent to thePlanning and Environmental Appeals Division which was dismissed by the appointed reporter on the4th November 2016. In dismissing the appeal the reporter made it clear that a revised layout submittedby the applicant Drawing No.101−SK10 Rev A − Proposed Road Layout, was not before the Planning

Authority or those who made representations to the planning application at the time the decision wasmade, and so was excluded from consideration in this appeal in accordance with Section 47A(1) of theTown and Country Planning (Scotland) Act 1997.

4.4 The reporter in considering reason 1 for refusal considered that "in terms of density, form, scale,height, massing, proportion, detailing, colour and materials, the proposal would be a suitable designresponse to the existing built form in the local environment. There is no evidence before me todemonstrate that the infrastructure required to service the proposed development would beinadequate." and that "given the degree of separation and orientation between the proposal and theestablished homes at Kings Drive, Rosemount, Gullane Crescent and Queens Drive, no adverseimpact on residential amenity would arise in terms of privacy, overlooking or overshadowing". Thereporter considered that whilst "This proposal would alter the local context, but, I find, not to a degreethat would adversely impact on the level of amenity currently experienced by residents in theimmediate locality." The reporter concluded that "the proposed overall site layout and design would nothave an adverse impact on residential amenity, in accordance with the requirements of Policy DSP 4Part 3 (a) and (f)".

4.5 In terms of the status of the site the Reporter noted that "The council is of the opinion that the site alsofunctions as a valuable landscape buffer, and its loss would have an adverse impact on the amenity ofexisting residents. I find that the site does not appear to form part of any designed landscape scheme,it appears to be loosely maintained, and it does not appear to function as a buffer against anyparticular existing adverse impacts. ". The reporter concluded that "the proposed site is not a formallandscape buffer, rather I find it is unallocated land within the settlement boundary". The reporterthereby dismissed reason 1 for refusal of the application.

4.6 With regard to reason 2 for refusal the reporter noted that "In relation to the proposed access and roadlayout for the site, the council and objectors have raised concerns regarding the proposed access, thevisibility splays and the parking arrangements, as set out in reason 2 of the refusal of the planningapplication. North Lanarkshire Council Traffic and Transportation recommended refusal of theapplication on those grounds. It should be noted that these concerns relate primarily to the originalproposed road layout which accompanied the planning application". The reporter concluded thatbased on the original layout, there is a risk that the proposed junctions may create traffic conflicts atthe entrances to Kings and Queens Drives, and that the required visibility splays do not appear to becapable of being achieved. Given this conclusion, I am satisfied that the proposed development is notappropriate in relation to access and visibility splays and it would have a detrimental impact on localresidents to an extent that would be contrary to Policy DSP 4 of NLLP".

4.7 In dismissing the appeal the reporter made it clear that "The evidence before me demonstrates thatpotentially, there is an acceptable solution to the potential impacts on amenity arising from theproposed access and road layout. However, this solution is only illustrated in Drawing No. 101−SKI0Rev A, Proposed Road Layout, which is not part of this appeal". The reporter therefore upheld reason2 for refusal with the caveat that a potential solution acceptable to the Council's Roads Officersappeared to be evident by the revised drawing submitted by the applicant (Drawing No.101−SK10 RevA − Proposed Road Layout) but excluded from consideration by the reporter given that it was notconsidered by the Planning Officer, available on the planning portal to be considered by the public orconsidered by the Planning Committee in taking its decision to refuse the planning application.

5. Development Plan

5.1 The application site is covered predominantly by policy HCF 1A (Protecting Residential Amenity andCommunity Facilities) − Residential Areas in the North Lanarkshire Local Plan. In addition a smallsection of the site is zoned as HCF1 Bi Community Facilities. Policies DSP 1−4 are also relevant.

6. Consultations

6.1 The consultation responses are summarisedbelow:−NLC

Traffic & Transportation has no objection subject to conditions relating to adequate access,parking and manoeuvring arrangements and suitable visibility splay provision for the proposeddevelopment.

ii) NLC Environmental Health (including Pollution Control) has no objection subject to a conditionsrelating to the provision of a site investigation report and remediation measures if necessary.

iii) NLC Education has no objection provided that the development is completed within the next 5years.

iv) NLC Greenspace (Arbor Section) comment that a richer species mix for the hedgerow plantingshould be undertaken for the benefit of wildlife. In terms of tree removal in the areas of woodland itis noted that a number of semi−mature and mature Oak trees have been selected for removal and itis recommended that the woodland is integrated within the proposals to retain the south woodlandblock. Greenspace also noted the requirements in relation to tree protection measures in terms ofBS 5837:2012.

v) NLC Greenspace comment that they will require an updated protected species survey as thecurrent survey is from 2015 and that the updated survey should indicate on a map the trees withbat potential to ensure these are protected through development. Greenspace note that no treesshould be removed or have any work carried out on them without further bat surveys beingundertaken. Furthermore clearance of the site should be undertaken outwith the breeding birdseason. In addition it is noted that there are several wooded areas adjacent to the site. Thisdevelopment will fragment these pockets of woodland. Greenspace Development would commentthat an area to the north of the site between the new development and the existing gardens shouldbe kept and enhanced as a woodland strip to create connectivity between woodland pockets. Inaddition it was noted that access to the back lane area could be improved by utilising the planned2m wide maintenance strip.

vi) Scottish Gas has no objection to the proposed development but note the presence of theirinfrastructure in the area.

7. Representations

7.1 Following the standard neighbour notification process and press advertisement 68 letters ofrepresentation have been received including multiple comments from some parties. A joint letter fromJamie Hepburn MSP and Stuart McDonald MP outlines that they share many of the concernssubmitted by the residents in the surrounding area and hope that the strong objections made by localresidents will again be taken into account when any decision is taken on the application. CouncillorAlan Masterton has also submitted concerns relating to the proposed access arrangements for thedevelopment, increased traffic and potential for increased parking on Dullatur Road associated withthe new dwellings and detrimental impact on amenity with the loss of green space. The other points ofrepresentation received are summarisedbelow:−•

The development is contrary to the Local Plan and conflicts with the previous Cumbernauld LocalPlan.

• The development will have a detrimental impact on traffic and road safety including access andegress of adjacent dwellings and increased parking on Dullatur Road.

• Loss of privacy• Loss of open aspect.• Development will be overbearing, out of scale with the existing dwellings• Overshadowing• Noise disturbance.• Detrimental impact on the natural environment and visual amenity with the removal of established

open space and trees.• No need for additional housing in the area.• Impact on the local schools and facilities and inadequate provision of amenities to serve the

dwellings in the area.• The density of the proposed development• Impact on existing drainage• The lack of public transport in the area and increased pressure on Croy railway station.• The previous refusal by the Council and DPEA

• Requirement for additional school buses• The development will alter the appearance of Dullatur Road from a country Lane to a suburban

street.• Decimation of trees in the adjacent housing site and concerns that similar will happen at the

application site.• The residents have maintained the open space area at their own expense.• Building site workers parking on Kings and Queens Drive.• The development will not make a positive contribution to the streetscape.• Development will de−value adjacent homes.• The plan fails to show extensions to neighbouring properties.• Development would remove a valuable landscape buffer and amenity area.• The development will give the appearance of merging with the neighbouring development across

Dullatur Road.• The Council planners have no input or concern for the local community and as such I object to yet

another foolish planning decision by NLC.• The proposed development contravenes the emerging Local Development Plan which designates

the site as a Protected Area − on the Protect Plan − under the protecting assets and resourcestheme − as an area of green network assets.

• The impact of the proposed development on Broadband exchange servicing the existing dwellings.• The garage for plot 2 appears beyond existing building line for Kings Drive impacting on sightlines

and visibility splay and will overshadow adjacent front garden.

7.2 An objector to the development has requested site visit is undertaken to fully consider some of theissues listed above.

7.3 One representation in support of the application was also received from a local resident.


8.1 Under Section 25 of the Town and country Planning (Scotland) Act 1997, planning decisions must bemade in accordance with the relevant development plan unless material considerations indicateotherwise. The application raises no strategic issues in terms of the Glasgow and the Clyde ValleyStrategic Development Plan and therefore it can be assessed in terms of local plan policy.


8.2 Policy HCF1A (Protecting Residential Amenity and Community Facilities) − Residential Areas in theNorth Lanarkshire Local Plan sets out that there is a presumption against developments detrimental toresidential amenity in primarily residential areas. HCF1 Bi Community Facilities also outlines that theCouncil will protect community facilities however it is considered that the redevelopment of the site forresidential purposes has the potential to accord with policy HCFIA and HCF1 Bi subject to detailedassessment against policies DSP 1−4.

8.3 Policy HCF3 (Assessing Affordable Housing Development) requires that for sites of 5 to 19 dwellings,the Council will seek payment of a commuted sum, in lieu of site provision, of value equivalent to thecost of providing the percentage of serviced land required by the Affordable Housing Policy. Theapplicants have agreed to fully comply with this policy requirement and as such the proposals areconsidered to accord with policies HCF3.

8.4 DSP 1 Amount of Development and DSP2 Location of Development: Given the size and nature of theproposed development policies DSP 1 and DSP 2 are not considered to be relevant in the assessmentof the proposed development.

8.5 DSP3 Impact of Development: As noted above NLC Education comment that they have no objectionto the proposed development provided it is completed within the next five years. In terms of therequirements for the applicant to comply fully with the requirements of policy HCF 3 (Assessingaffordable Housing Development) as noted above they have agreed to fully comply with this policyrequirement.

8.6 DSP4 Quality of Development: This policy considers development specific impacts in terms ofexisting site attributes and provides a range of assessment criteria which are addressed in turn below:

8.7 Part I & 2: The applicants have submitted various supporting information noted in section 3 abovesetting out their appraisal of the existing character and features of the site and its setting includingmatters such as ground stability and contamination, landscape, biodiversity, landscape features,wildlife features and amenity value. Furthermore the applicants have included reference to theprevious appeal decision noted in section 4 above and the previous comments submitted by theCouncil's Transportation Section. Notwithstanding the opinion of the applicants in the supportingdocuments provided and indeed the assessment of the reporter it is still considered that the proposeddevelopment does have a detrimental impact on the character and setting of the area and its amenityvalue. The application site offers a valuable landscape buffer for the existing settlements at both Kingsand Queens Drive with established entrance features and provides a good set−back for developmentaway from a well utilised link road to Dullatur. Furthermore it is also considered that application siteforms a valuable buffer with the proposed housing zone sited on the other side of Dullatur Road andits development would give the appearance of the effective coalescence of both the existing andproposed development.

8.8 Part 3(a) Siting, Overall Layout, density, form, scale, height, massing, proportion, detailing,colour, materials and open space and Part 3(f) integrating successfully into the local area andavoiding harm to the neighbouring amenity. In terms of layout, the applicants propose a rearaccess road linked to Kings Drive with a roundel to the rear of 7 dwellings and driveway access for 2dwellings on Kings Drive and private road access for two dwellings accessed from Queens Drive. NLCTraffic and Transportation have no objections to the proposed development subject to conditionshowever this does not override the existing fundamental concerns in relation to the suitability of thesite for development.

8.9 The Developers Guide to Open Space minimum space around dwellings guidance requires thathouses provide 3m side garden ground and lOm rear garden length. The overall layout of the sitemeets these requirements and given the distance and orientation of the plots and associatedoutbuildings are such that the can be accommodated without detriment to the existing neighbouringproperties in terms of overlooking and overshadowing. As the development is less than 30 units thereis no requirement for formal play provision to be accommodated within the site. The site is flat andrelatively level to that of the adjacent properties to the east and as such there are no level issues orretaining elements required in the layout.

8.10 The surrounding properties have a mixed palette of finishing materials and it is considered that theproposed finishing materials of the proposed dwellings would in this instance complement the finish ofthe adjacent dwellings. The layout ensures that there is no unacceptable adverse impact onresidential amenity of adjacent neighbouring properties in terms of privacy, overlooking orovershadowing. The development of this site whilst complying with NLC standards in terms of gardensize and dimensions will inevitably impact on the levels amenity currently enjoyed by residents. Theproposal will also significantly alter the character of the area reducing the sense of openness andseparation from Dullatur Road.

8.11 Part 3(b) safe inclusive convenient and welcoming development. Attractive pedestrian links,integration with public transport, green networks, wider links, access for cars and appropriatecar parking being well located. The proposed rear access road and private access road will formadditional accesses onto both Kings and Queens Drive. As noted above NLC Traffic andTransportation have no objections to the proposed development subject to conditions and it istherefore considered that the proposed access, visibility splay and general internal layoutarrangements of the development with plot sizes that do allow the properties to achieve the requiredin−curtilage car parking standards are considered acceptable.

8.12 Part 3(c) Sustainable Development: Having assessed the proposed development it is consideredthat the proposed development will accord with the principles of sustainable design. The proposals aretherefore considered to accord with this section of the policy.

8.13 Part 3(d) Mitigating likely air quality, noise or pollution impacts: The development of the sitewould not result in a significant increase in residential units and, as such, is highly unlikely to increase

any impact on air quality. It is acknowledged that there will be noise associated with constructionworks, however this impact will be temporary. Ground investigation works would form part ofrecommended conditions should the application be approved contrary to our recommendation and,should any contaminants be found as a result of the investigation, suitable mitigation works would becarried out. Protective Services have no objections to the proposed development subject torecommended conditions.

8.14 Part 3(e) Protecting Water bodies and SUDS/Drainage: There are no water courses within the sitewhich require specific protection and neither SEPA nor Scottish Water has objected to the proposals.A condition is recommended requiring the submission of a more detailed certified drainage scheme.

Other Material Considerations

Proposed North Lanarkshire Local Development Plan

8.15 The Proposed North Lanarkshire Local Development Plan (PNLLDP) was out for public consultationbetween 30th January 2017 and 20th March 2017. The PNLLDP identifies the application site on thePromote Map as a General Urban Area which seeks to maintain and improve the level of amenity inurban areas and courage development in keeping with the residential amenity in areas primarilyresidential in character. The Protection Map identifies the majority of the application site as Protectingassets and resources − Category 4 Urban Green Network which identifies the site as a location ofvalue to people in their communities and contributing to life in local communities. The characterisationof the Protection Map would seem to mirror the characterisation of the application site in theassessment of the development against the local Plan above and as such similar concerns aremaintained in terms of the emerging Local Development Plan. It is however noted that given the statusof this plan that the PNLLDP has limited weight in the assessment of the proposed development atthis stage.

Previous Appeal Decision

8.16 With regard to the appeal decision noted in section 4 above it is noted that the Reporter in dismissingthe appeal considered that reason 1 for refusal was not upheld as it was considered that the "overallsite layout and design would not have an adverse impact on residential amenity, in accordance withthe requirements of Policy DSP 4 Part 3 (a) and (f)". And that "the site does not appear to form part ofany designed landscape scheme, it appears to be loosely maintained, and it does not appear tofunction as a buffer against any particular existing adverse impacts' The reporter concluded that 'theproposed site is not a formal landscape buffer, rather / find it is unallocated land within the settlementboundary". Whilst it is accepted that the reporter took a different view to the Council in the assessmentof the previous application as outlined in the assessment above the Council retains concernsregarding the removal of this amenity space area and thereby maintains its position in relation to thereason for refusal of the development.

Letters of Representation

8.17 Turning to the letters of objection it should benoted:−The

development is contrary to the Local Plan and conflicts with the previous Cumbernauld LocalPlan.

Response: As noted in the assessment in section 8 above it is considered that the redevelopment ofthe site for residential purposes has the potential to accord with policy HCF1A subject to detailedassessment against policies DSP 1−4. The proposed development is considered contrary to the localplan in terms of policy DSP 4 as it would result in the removal of an area of amenity open space(including woodland) and a valuable landscape buffer for the existing housing development to thedetriment of the character and amenity of the wider housing area.

The development will have a detrimental impact on traffic and road safety including access andegress of adjacent dwellings and increased parking on Dullatur Road.

Response: As noted above NLC Traffic and Transportation have no objections to the proposed

development subject to conditions and as such the development is considered to be acceptable interms of impact on traffic and road safety.

Loss of privacy

Response: It is considered that the proposed development can be accommodated in its current layoutwithout detriment to the adjacent dwellings in terms of privacy. The proposed layout ensures thatdirect window to window distance more than exceeds the minimum 18m required. Neverthelessexisting residents currently experience a significant degree of privacy that will be eroded by thedevelopment.

Loss of open aspect.

Response: The loss of open aspect is not a material planning consideration; however it should benoted that the nearest dwelling lies approximately 26m away from the dwellings located within theexisting settlement where their rear aspect faces the development. Whilst it is noted that some of theassociated garages sit closer these are also considered to be sufficient distance from the dwellings tonot have any significant impact. Again it is noted that the character of the area is such that existingresidents enjoy an open aspect which will be eroded by the development if approved.

Development will be overbearing and out of scale with the existing dwellings

Response: It is not considered that the development would be overbearing or out of scale with theexisting dwellings given their distance to the existing properties within the area. Furthermore theproposed design of the dwellings, are considered acceptable given the context of the large plots andthey are considered to complement the design of the existing development.

Overshadowing

Response: The proposed dwellings and associated outbuildings are sufficient distance fromneighbouring properties to ensure that there are no issues in relation to overshadowing.

Noise disturbance.

Response: Whilst it is accepted that there will be some noise and disturbance from the construction ofthe development it is not considered that the proposals if approved would cause any noise disturbancesignificant to warrant the refusal of the application.

Detrimental impact on the natural environment and visual amenity with the removal of establishedopen space and trees.

Reason: As noted in the assessment in section 8 above it is considered that the proposeddevelopment does have a detrimental impact on both the setting of the area and its amenity value.The application site offers a valuable landscape buffer with for the existing properties at both Kingsand Queens Drive with established entrance features and provides a good set−back for developmentaway from a well utilised link road to Dullatur. Furthermore it is also considered that application siteforms a valuable buffer with the proposed housing zoned site on the other side of Dullatur Road andits development would give the appearance of the effective coalescence of both the existing andproposed development.

No need for additional housing in the area.

Response: It is not considered that the development of this site would adversely impact the existinghousing supply sufficient to warrant refusal of the application.

Impact on the local schools and facilities and inadequate provision of amenities to serve thedwellings in the area.

Response: It is not considered that the development of the site for an additional 11 dwellings at thislocation would have a significant detrimental effect on local services and amenities sufficient to

warrant refusal of the application.

• The density of the proposed development

Response: The density of the proposed development is considered acceptable with more thanadequate spacing between the proposed dwellings.

• Impact on existing drainage

Response: It is considered that the development can be accommodated without detriment to theadjacent dwellings in terms of drainage. If approved planning consent would be subject to standardconditions relating to the requirement to adhere with the latest SUDS requirements.

• The lack of public transport in the area and increased pressure on Croy railway station.

Response: It is considered that the development of an additional 11 dwellings can be accommodatedwithout detriment to public transport or Croy railway station.

• The previous refusal by the Council and DPEA.

Response: The previous refusal by the Council and the subsequent decision of the DPEA to dismissthe appeal and its circumstances is noted in paragraphs 4.2 to 4.7 above. Given the amendments tothe proposed access for the development the applicant is entitled to submit an application to beconsidered by the Council.

• Requirement for additional school buses.

Reason: It is considered that the development of an additional 11 dwellings can be accommodatedwithout significant impact on capacity of school buses in the area.

• The development will alter the appearance of Dullatur Road from a country Lane to a suburbanstreet.

Reason: Whilst it is accepted that the development of the site will alter the appearance of the areareducing removing the landscape buffer between Dullatur Road and the existing dwellings it is notconsidered that the current appearance of the local distributor road is that of a Country lane.

• Decimation of trees in the adjacent housing site and concerns that similar will happen at theapplication site.

Response: It is noted that the proposed development and revised access arrangements require theremoval of additional trees from the site which forms part of the existing valuable landscape buffer. Asnoted in the assessment in section 8 above it is considered that the proposed development does havea detrimental impact on both the setting of the area and its amenity value with part of that impactassociated with the removal of woodland from the site to accommodate the proposed development. Itis noted that the adjacent housing developer has removed trees outwith those granted consent to beremoved but that replacement planting is being encouraged to mitigate this loss.

• The residents have maintained the open space area at their own expense.

Response: The current maintenance responsibility of the area of open space is not a materialconsideration in the assessment of the proposed development.

• Building site workers parking on Kings and Queens Drive.

Response: The parking of vehicles legally on the public road is not a material planning considerationand it should be noted that any illegal parking on the public road is a matter for the police.

• The development will not make a positive contribution to the streetscape.

Response: The impact of the development on the streetscape is not considered to be as significant asthe impact on the character of the area with existing residents enjoying an open aspect which will beeroded by the development if approved. Furthermore the application site offers a valuable landscapebuffer with for the existing properties at both Kings and Queens Drive and a good set−back fordevelopment away from a well utilised link road to Dullatur.

• Development will de−value adjacent homes.

Response: The impact of the development on adjacent property values is not a material planningconsideration.

• Security of adjacent properties will be compromised.

Response: It is not considered that the proposed development will have a detrimental; impact on thesecurity of adjacent dwellings given that it would increase casual supervision of the area.

• Problems with mud on the road associated with the housing being developed across Dullatur Roadand associated dirt and contamination of the Chanticleer Burn.

Response: It is considered that the development can be accommodated without detriment to theadjacent dwellings or wider area in terms of drainage. If approved planning consent would be subjectto standard conditions relating to the requirement to adhere with the latest SUDS requirements. Thecurrent issues noted in relation to mud on the road and potential contamination of the Chanticleer Burnare separate matters that will require to be investigated in relation to the other housing developmentand are not material to the assessment of the current planning application.

• The plan fails to show extensions to neighbouring properties.

The applicants submitted location and block plans are considered to be sufficient to assess theproposed development. The addition of extensions is not always shown on the OS plan and anypotential impact would be assessed by the officer in the site visit.

• Development would remove a valuable landscape buffer and amenity area.

Response: As noted above the application site offers a valuable landscape buffer with for the existingproperties at both Kings and Queens Drive with established entrance features and provides a goodset−back for development away from a well utilised link road to Dullatur. The site offers a valuablesection of amenity space which can be utilised by the neighbouring residents and as such its removalis considered to have a detrimental impact on the amenity of the area.

• The development will give the appearance of merging with the neighbouring development acrossDullatur Road.

Response: It is considered that application site forms a valuable buffer with the proposed housingzoned site on the other side of Dullatur Road and its development would give the appearance of theeffective coalescence of both the existing and proposed development.

• The Council Planners have no input or concern for the local community and as such I object to yetanother foolish planning decision by NLC.

Response: It is not accepted that the Council has no concern for the local community and it should benoted that the original application was refused by the Council given concerns relating to thedetrimental impact on amenity of adjacent residents. As noted in the assessment above the PlanningDepartment retains those concerns and has recommended refusal of the application. Furthermore itshould be noted that the applicant is entitled to submit an amended planning application such as theone under assessment and in such circumstances it is incumbent on the Council to accept a validplanning application in accordance with the Planning Legislation.

• The proposed development contravenes the emerging Local Development Plan which designates

the site as a Protected Area − on the Protect Plan − under the protecting assets and resourcestheme − as an area of green network assets.

Response: The concerns are noted and addressed in paragraph 8.15 above.

• The impact of the proposed development on Broadband exchange servicing the existing dwellings.

Response: It is not considered the impact of 11 additional dwellings would significantly alterbroadband speeds of the existing dwellings. Any potential impact on broadband service is a matter forthe telecommunications provider and not a material planning consideration.

• The garage for plot 2 appears beyond existing building line for Kings Drive impacting on sightlinesand visibility splay and will overshadow adjacent front garden.

Response: Having consulted NLC Roads and Transportation they have no objections to the proposeddevelopment in terms of impact on sightlines or visibility splay and as noted above it is considered thatthe proposed dwellings and associated outbuildings are sufficient distance from neighbouringproperties to ensure that there are no issues in relation to overshadowing.

9. Conclusions

9.1 Taking the above assessment into account, it is considered that this development fails to accord withthe provisions of policy DSP 4 of the North Lanarkshire Local Plan. The development if approvedwould result in the removal of an area of amenity open space and a valuable landscape buffer for theexisting housing development to the detriment of the character and amenity of the wider housing area.Notwithstanding the previous decision of the Reporter to not uphold these concerns in the dismissal ofthe previous appeal it is considered that its removal would result in an unacceptable adverse impacton established residential amenity of the area. Therefore, for the reasons detailed in the planningassessment above, it is recommended that planning permission be refused.

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