North Lanarkshire Council · 2015. 1. 9. · Recommendation: Refuse for the Following Reasons:- 1....

2 AGENDA ITEM No ..........-....

North Lanarkshire

Council

Planning Applications for consideration of Planning and Transportation Committee

Committee Date: 26 SEPTEMBER 2012

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

APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE

26th September 2012

Page Application No Applicant No 5 1 1 /00376/FUL Soundwave

Live Ltd

14 12/00185/FUL M r Mohammed Nasir

23 12/00229/FUL Mr S Panesar

32 12/00521/FUL Mrs Susan Dalziel

39 12/00598/AMD Mr Stephen Jones

DevelopmentlSite Recommendation

Change of Use from Refuse Industrial Unit to Training Facility and Live Music Venue with Bar Unit 3 Block 3 Dundyvan Industrial Estate Dundyvan Way Dundyvan, Coatbridge

Demolition of Existing Building, Erection of 2 Storey Shop Units with Ancilliary Offices & Stores. Reorganisation of Carparking infront of 25 & 27 Leven Street Motherwell

Construction of building containing 3 Hot Food Take-Away Units (Sui Generis), 3 Shops (Use Class 1) and 1 Office (Use Class 2) with Associated Parking Oasis 3 Glencryan Road Carbrain, Cumbernauld Glasgow

Grant

Grant

Extension to Existing Cafe Grant (Class 3) to Form Meeting Room (Incorporating Decking Area) Tea House On The Loch Lochend Road Gartcosh

Introduction of an Refuse AncillaryTakeaway Service, Outside Seating Area and Extension of Opening Hours to 1 1 pm. (Amendment to Planning Permission 11/00915/FUL) 53 Alexander Street Airdrie

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58

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79

12/00711 /FUL

1 2/00784/FU L

121007851AMD

12/00807/FUL

Newmains Demolition of Existing Community Newmains Library & Trust Construction of Two

Storey Community Centre Building Containing Library, Multi Purpose Hall, Cafe, General Purpose Rooms and Office Space and Formation of New Entrance Road and Car Park Newmains Library 11 Manse Road Newmains Wishaw

Mr Robed Scanlan Open Space to Private

Change of Use of Public

Garden Ground and Erection of Fence Ground West Of 61 Monroe Drive Birkenshaw Uddingston Glasgow

T.0.M Waste Amendment to Planning Solutions Consent 08/01 1 13/MIN for

Waste Disposal Operations to Include Importation of Non- Hazardous Household Waste for Recycling and Disposal of Non- Recyclable or Non- Recoverable Materials in the Existing Void, Alterations to the Phasing of the Works and Changes to the Final Restoration Contour Levels. Mossband Farm Motherwell Road Carfin Motherwell

IN1 Enterprises Erection of Shop & 2 Flatted Dwellings Site To Rear Of 123-125 Main Street Overtown

Grant

Grant

Grant (P)

Grant

Grant 92 12/00892/FUL Mr Saeed Change of Use from Office Ahamed (Class 2) To Hot Food

Take Away and lnstalltion of Flue 3 Sandvale Place Shotts

(PI 12/00785/AMD - If granted, Amendment to S75 and Bond will be required.

Application No:

11/00376/FUL

Proposed Development:

Change of Use from Industrial Unit to Training Facility and Live Music Venue with Bar

Site Address:

Unit 3 Block 3 Dundyvan Industrial Estate Dundyvan Way Coatbridge ML5 4AQ

Date Registered:

10th June 201 1

Applicant: Soundwave Live Ltd Unit 3 Block 3 Dundyvan Industrial Estate Dundyvan Way Coatbridge ML5 4AQ

Application Level: Local Application

Agent: Cafo Designs 105 Strathcarron Drive Dykebar Paisley PA2 7AW

Contrary to Development Plan: Yes

Ward: Representations: 9 Coatbridge West Thomas Maginnis, James Smith and Paul Welsh

3 letters of representation received.

Recommendation: Refuse

Reasoned Justification:

The proposed change of use is contrary to the adopted and emerging development plan as it fails to meet the criteria set out in the policies contained in the Adopted Monklands District Local Plan 1991 and those of the North Lanarkshire Local Plan and supplementary guidance. The submitted application fails to provide sufficient information in terms of noise assessment to show that the development would not cause a significant noise nuisance to nearby properties.

Recommendation: Refuse for the Following Reasons:-

1. The proposed development is contrary to policy HG9 of the Adopted Monklands District Local Plan 1991 and policies HCF1, DSP4 and EDI 1A of the Emerging North Lanarkshire Local Plan as well as Supplementary Policy Guidance 14 - Industrial and Business Development as the applicant has failed to demonstrate that the noise generated by the proposal can be mitigated to be within acceptable limits to safeguard neighbouring residential amenity.

Backaround Paoers:

Representation Letters

Letter from Ms Jean Robertson, 5F Centenary Gardens, Barrowfield, Coatbridge received 1 st June 201 1 Letter from Mr Robert Welsh, Rab, S Rolls, Dundyvan Industrial Estate, Coatbridge received 4th May 201 1 Letter from Mr Desmond McLuskie, 5E Centenary Gardens, Coatbridge, ML5 4BY received 18th May 201 1

Consultation Responses:

Memos from Protective Services received on 25 May 201 1 and 13 September 201 1 Memo from Traffic & Transportation (Northern Area) received on 17 May 201 1

Contact Information:

Any person wishing to inspect these documents should contact Mr William Shand at 01236 632499

Report Date:

31 August 2012

APPLICATION NO. 11/00376/FUL

REPORT

1. Site Descriotion

1.1 The property to which this application relates is a single storey industrial unit which is situated within a row of attached industrial units at Unit 3, Block 3, Dundyvan Industrial Estate, Coatbridge. The unit is situated at the edge of a wider industrial area and is approximately 22 metres from residential properties to the east. To the front of the unit is an area of parking for this block and the neighbouring block to the north. The industrial estate comprises of a mixture of industrial uses, vacant units and the applicant’s current music studio (the adjoining unit) to which the proposed use would relate.

2. Prooosed DeveloPment

2.1 Planning permission is sought to change the use of the current unit from an industrial use to a music training facility and live music venue with bar. No external alterations are proposed to the building with all physical alterations to facilitate the change of use required internally. The unit would have a recording suite, training room and a stage and bar. The purpose of the unit is to provide a separate music training facility which would operate in connection with the neighbouring music studio. The facility would provide on site training for students learning roles in the music industry such as sound engineering and events management by using the venue and its associated equipment and facilities. Individuals would also be taught how to play musical instruments within the facility. On occasion it is anticipated that students would hold events to aide their learning through booking a band and holding small scale live events connecting with bands who may use the music studio next door. These events would be publicly attended and a bar would be in situ. The primary function of the unit however is to have a training facility for music events associated with the neighbouring recording studio which also offers training in production and recording.

3. Amlicant’s Sumortina information

3.1 The applicant has provided a significant amount of information in support of the proposal. The supporting comments are summarised as follows:

The training facility would be a non-profit social enterprise which would be a natural extension to the existing recording studio providing training in recording, production and live music presentation which would satisfy a modern apprenticeship programme. There would be sufficient car parking within the area but it is envisaged that most patrons would walk or travel by public transport given the purpose of the unit given the good transport links that exist. The facility would be used through the day by a maximum of 5 trainees and would have operational hours of loam - 7pm Monday to Friday however some under 18 gig nights would occur on selected Fridays which would run from 7pm to 10pm and with no alcohol on sale. The venue would run from l l a m -1lpm on Saturday (only selected nights). At most the facility would only be used as a gig venue twice a month when the facility would be open till 1 lpm. Students would be encouraged to use the bands that also use the recording studio but would not be limited to this. The venues would be ticketed and open to the public but the main focus would be on friends and families attending the events. The capacity of the venue is 120 - 150 standing but the intention is to have family nights with tables which would reduce the capacity. Previous events have had 60-80 attendees. The building would be adequately sound proofed to mitigate any nuisance to nearby residential properties.

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The applicant respects that the change of use of the unit would result in the loss of an industrial unit for non-industrial purposes but indicates that this use will provide training and employment opportunities for North Lanarkshire. Also they have indicated that there are a lot of empty units within the industrial estate and this would result in the use of an empty unit. There is a specific locational need for the use of the industrial unit given that it is linked to the existing recording studio which is situated next door. The unit would provide economic benefit to the area through training and employment opportunities. The organisation aims to work with the job centre to promote the enterprise. Security would be in place on the doors to ensure that the unit is managed properly and to ensure there is no loitering outside the venue.

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Site Historv

The neighbouring unit is currently used as a recording studio and has been for sometime. The proposed use would be directly linked to this existing use.

DeveloPment Plan

The unit is within an area zoned as ECON2 (Existing General Industrial Areas) within the Adopted Monklands District Local Plan 1991. Policies ECON18 (Vacant Industrial Premises and Land) and HG9 (Housing Policy for Existing Residential Areas) would also be of relevance given that the unit is vacant and the proximity of the site to a residential area.

Protective Services state that due to the proximity of the unit to residential properties a noise assessment was required. Following submission of a noise assessment Protective Services were consulted again and stated that the noise assessment was not of sufficient quality to prove that there would be no noise issue. A more detailed noise assessment was requested by this Service but has not been submitted.

NLC Transportation have no objections to the application.

Following the standard neighbour notification procedure and an advert in the local press, three letters of objection were received. The points of objection include noise nuisance, nuisance from individuals using the residential area as a quick access and impact on a nearby snack van from competition.

Section 25 of the Town and Country Planning (Scotland) Act 1997 as amended requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues and therefore can be determined in accordance within the Adopted Monklands District Local Plan and Emerging North Lanarkshire Local Plan.

Develooment Plan - Adopted Monklands District Local Plan 1991: The principal local plan policy (Policy ECON2 - Existing General Industrial Areas) states that the Council supports the retention of a predominantly industrial character and a continuation of industrial use where existing industrial premises and or land in these areas are redeveloped, unless this is proved to be impracticable or there are major benefits to the community from a change of use. The applicant has submitted a significant amount of supporting information in order to demonstrate that the proposal is acceptable and this is noted in paragraph 3.1. Taking all factors into account although a case has been presented by the applicant to demonstrate why a departure from

policy may be appropriate insufficient information has been submitted in terms of the likely noise impact from the development to fully consider this proposal.

8, .3 Policy HG9 (Housing Policy for Existing Residential Areas) states that there will be a presumption against development which is likely to adversely affect the amenity of the area. Although the unit is not located within an HG9 area the site is located directly adjacent to a residential area and it is fundamentally important that the residential amenity of that area is not adversely affected by this proposal. To ensure that residential amenity is retained, and policy HG9 adhered to, a noise assessment is required to assess whether the unit has or can have adequate noise mitigation to avoid any noise nuisance to the neighbouring residential properties. The applicant has not submitted an adequate noise assessment and therefore insufficient justification has been provided to demonstrate that the residential amenity of the nearby properties would not be adversely affected. On this basis it is considered that the development has the potential to adversely affect the residential amenity nearby and therefore would be considered contrary to policy HG9.

8.4 Policy ECONl8 (Vacant Industrial Premises and Land) states that in general the Council will consider sympathetically any proposal for the use of vacant buildings where as a result jobs are created or safeguarded, provided acceptable environmental conditions can be met. It is noted on site that there are several vacant units and although this use would not generally accord with the local plan policy for this area, it would utilise a vacant unit in the industrial estate related to an existing established use. In this case the reuse of the vacant unit would be positive in relation to this policy, however the applicant has not proved that acceptable environmental conditions in terms of noise can be met.

8.5 Other Material Considerations - Emerging North Lanarkshire Local Pian: The application site is zoned as EDI 1A (Protecting Economic Development Areas and Infrastructure) which states that changes of use in all existing industrial and business areas will be considered against the terms of Supplementary Planning Guidance EDI1 A (SPG 14 Industrial and Business Development) criteria, including:

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Extent to which there is a surplus in the land supply for industry and business; Potential undermining of the attractiveness as a location for industry and business; Specific locational requirement for the proposal; whether the proposal would result in significant economic benefit to the plan area; existence of suitable alternative sites; impact on travel patterns and accessibility by public transport; whether the development would re-use vacant or under-utilised industrial land.

In terms,of the general criteria above outlined in policy EDI 1A and SPG 14, as stated previously the applicant has submitted supporting information to demonstrate why a departure from this policy might be appropriate.

However, SPG 14 also outlines circumstances in which the Council would not support a change of use of this nature. This includes:

0 Proposals which fail to provide sufficient information as required by the Council’s submission requirements; Proposals which could have a negative impact on the economic competitiveness of North Lanarkshire; Proposals which would be detrimental to the cumulative economic importance of small scale industrial and business sites; Proposals which would have a negative impact on communities and the wider environment.

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While a special case has been presented by the applicant, given that insufficient information has been submitted in terms of noise assessment to support the application, it is considered that the proposal would not meet two of these assessment criteria. The proposal fails to provide sufficient information required by the council and does not show that it would not have a negative impact on nearby communities. Consequently it is considered that the development would be contrary to policy EDI 1A of the Emerging North Lanarkshire Local Plan and SPG 14.

The development also requires to be assessed against the general development strategy policies DSP 1 - DSP 4. DSP 1 and DSP 2 consider the amount and location of development in terms of local supplies. For the reasons already noted in this report, it is considered that the special circumstances, nature and scale of the proposal do not raise any significant strategic land supply concerns. In terms of DSP 3 (Impact of Development), it is considered that the development would not create significant demands on community facilities or infrastructure so as to require any planning obligation. It is therefore considered that policies DSP 1 - 3 would not be relevant for this application.

Policy DSP 4 (Quality of Development) states that development will only be permitted where high standards of site planning and sustainable design are achieved. This policy outlines criteria which the proposal must be considered against to evaluate its acceptability. These criteria states that the proposal must mitigate any likely noise pollution impacts and must integrate successfully into the local area avoiding harm to neighbouring amenity in terms of disturbance. As an appropriate noise assessment has not been submitted it is considered that insufficient information has been provided to prove that the development would not have an adverse impact in terms of noise pollution and thereby may potentially cause nuisance to neighbouring amenity. In this regard the proposal is considered contrary to policy DSP 4 and also policy HCF 1 A (Protecting Residential Amenity and Community Facilities - Residential Areas) given the potential impact to residential amenity.

Parking: There is a relatively large car parking area to the front of this unit which is shared with the other units in the block and the neighbouring block. Between each block is also additional parking. Given the numbers that would attend the training facility during the day it is considered that sufficient parking is in place. When used as the ancillary gig venue, it is anticipated that most individuals would walk, be transported to the venue or use public transport. As the gig venue would be operational while the other units in the immediate industrial estate are closed, there would be a large number of parking spaces available. The Transportation Section have no objections to the proposal and therefore it is considered that the access and parking arrangements for this proposal would be adequate.

Nuisance and Operational Matters: A notable concern of this proposal would be the nuisance factor of introducing a use for public events, close to some residential properties, and into an existing industrial estate. This would also introduce the public to an area which is not predominantly designed for pedestrians. Given the small scale nature of the use however, its connection with the neighbouring music studio and its focus on training, it is considered that these issues could adequately be controlled through management agreements, It is not anticipated that large numbers of people would attend gigs and although there is a bar, this is an ancillary element and a restriction in use and opening hours could be applied. The use of security staff to restrict loitering would also reduce the likelihood of nuisance to neighbouring properties. Should the proposal be considered for approval then significant controls would need to be applied through condition to ensure that the unit was used appropriately. These controls would be specific to the type of venture proposed and would relate to restricting the specific nature and scale of proposal, and tying it to the training element of the neighbouring unit

8.10 Consultation Responses: The Transportation Section had no objections to the

proposal and make no further comment. Protective Services have expressed concern with the proposal and its potential impact on residential properties to the rear. A noise assessment has been requested and to date an adequate noise assessment has not been received. The requirements of Protective Services are wholly reasonable and it is agreed that until an appropriate noise assessment is received that shows there to be no significant noise issue then the application cannot be considered acceptable.

8.11 Representations: With regards to the points of objection stated above I would make the following comments:

(a) The applicant has not proved that the unit would not cause a noise nuisance through the submission of a noise assessment. Therefore the Planning Authority would agree that the development may cause a noise nuisance.

(b) In terms of individuals using the residential area and neighbouring gardens for quick access it is considered that this could not be controlled through the application. The site is accessed via existing streets and if individuals chose not to use the formal method but acted unsociably then this would be controlled through other legislation, A good management agreement could assist in ensuring the unit and area was exited in a proper manner through the security team on site.

(c) No cafe is proposed at the venue although this was stated in a newspaper article regarding the proposal.

9. Conclusions

9.1 Taking the foregoing into account it is considered the change of use would be contrary to policies HG9 of the Adopted Monklands District Local Plan 1991 and policies HCFI, DSP4 and EDI 1A of the Emerging North Lanarkshire Local Plan as well as Supplementary Policy Guidance 14 - Industrial and Business Development by virtue of no noise assessment being submitted. Given the proximity of the unit to residential properties, the proposed land use has the potential to adversely affect residential amenity in terms of noise nuisance and the applicant has not provided sufficient information to prove that this impact would not occur. The application has been registered for more than a year and an adequate noise assessment has not forthcoming. Consequently, it is considered that the application should be refused for lack of supporting information.

Application No:

1 Z O O 1 85/FUL


Demolition of Existing Building, Erection of 2 Storey Shop Units with Ancillary Offices & Stores and Reorganisation of Car Parking in front of 25 & 27 Leven Street

Site Address:

25 Leven Street Motherwell

Date Registered:

2nd March 2012

Applicant: Mr Mohammed Nasir 25 Leven Street Motherwell


Agent: David Jarvie 27 Aytoun Road Pollockshields Glasgow

Contrary to Development Plan: No

Ward: Representations: 01 8 Motherwell South East And Ravenscraig Kaye Harmon, Thomas Lunny, Gary O'Rorke, Alan Valentine,

12 representations from 7 properties.

Recommendation: Approve Subject to Conditions


The proposed development meets the criteria set out in the relevant policies of the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan 2009. The design is considered to be in keeping with the character and amenity of the area and impact on the surrounding area is considered to be acceptable.

f12 Representations from 7 locations I

Repr&,&by pemlss,on of Ihe Ordname Survey on behalf of HMSO @Crown Copyight and database nghl 2012 All nghts resmed Ordnance Survey h n c e number 100023396.

Produced by Planning and Development Environmental Servi North Lanarkshire

Demolition of Existing Building, Erection of 2 Storey Shop Units with Ancilliary Offices &

in front of 25 & 27 Leven Street

25 Leven Street, Motherwell, MLI 2SY

Stores and Reorganisation of Car Parking in Fleming House rbhire 2 Tryst Road cwncl Cum bernauld 087 1JW

1 * Representation I I

Proposed Conditions:-

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

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

That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

That within 4 weeks of the development hereby permitted being brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006), to monitor the development, to enable the Planning Authority to retain effective control.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the plans marked: 191 21/15A, 19121/16, 19121/18, 19121/18/B, 19121/19, 19121/20

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

That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

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

That PRIOR to any works of any description being commenced on the application site, a comprehensive site investigation report shall be submitted to and approved in writing by the Planning Authority. The investigation must be carried out in accordance with current best practice, such as BS 10175: The Investigation of Potentially Contaminated Sites, or CLR 1 1. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required as part of the above report.

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

That on completion of any remedial works identified by the site investigation required under the terms of Condition (6) and before the shops within the site are operational, a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any such remediation works have been carried out in accordance with the submitted details.

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

That before the retail units hereby approved are operational, the associated parking and manoeuvring area as shown on the approved plans, shall be levelled, properly drained and surfaced in a material which the Planning Authority has approved in writing

before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

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

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

Reason: To ensure the provision of satisfactory drainage arrangements.

10. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to and approved in writing by the Planning Authority, and that before the shops hereby approved are operational, the associated fences/walls approved under this condition shall be erected and maintained to the satisfaction of the Planning Authority.


11, That any mechanical ventilation and/or air conditioning plant associated with the development hereby permitted shall be suitably isolated from the structure of the building and BEFORE the development is operational, the details of any extraction flue (And associated apparatus) shall be submitted to and approved in writing by the Planning Authority and thereafter implemented to the satisfaction of said authority. For the avoidance of doubt fan units positioned in a ducted system shall be isolated from the ducting by means of flexible connections.

Reason: In the interests of residential amenity.

12. That noise associated with the air conditioninghentilation system or any other plant and any other noise associated with the development shall not give rise to a noise level within any nearby dwelling (assessed with windows open) in excess of the equivalent to Noise Rating Curve (N.R.C) 35 between 07.00 hours and 22.00 hours and N.R.C 25 at all other times.

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

13. That for the avoidance of doubt, no approval is hereby granted for any signage and notwithstanding the terms of the Town and Country Planning (Control of Advertisements)(Scotland) Regulations 1984, a separate application will be submitted for any associated signage.

Reason: To allow the Planning Authority to assess the impact of such signage on the overall building.

Backaround PaDers:

Representations:

1 Letter of representation from Joseph and Sheena Plunkett, 24 Freesia Court, Motherwell, received 3'' April 201 2 1 Online comment from Mr Paul Park, 13 Clyde Tower, Motherwell, received 26'h March 2012 1 Online comment from Mr Kevin Kearney, 29 Leven Street, Motherwell, received gth April 201 2 1 Online comment from Angela Farrell received, 31 Leven Street, Motherwell, received loth April 2012 1 Online comment from Charles Farrell, 31 Leven Street, Motherwell, received loth April 2012 1 Online comment from Charles Michael Farrell, 31 Leven Street, Motherwell, received loth April 201 2. 1 Online comment from Nancy Blair, 35 Leven Street, Motherwell, received 1 l th April 201 2 1 Online comment from Mr John Blair, 35 Leven Street, Motherwell, received 1 lth April 2012 1 Online comment from Mr Tom Park, 45 Leven Street, Motherwell, received 11 th April 201 2 1 Online comment from Mrs Margaret Farrell, 33 Leven Street, Motherwell, received 1 lth April 201 2 1 Online comment from Miss A Middleton, 6 Freesia Court, Motherwell, received 1 6th April 201 2 1 Online comment from Miss Alana Farrell, 31 Leven Street, Motherwell, received loth April 2012


Memo from Transportation received 30th AuRust 2012 Memo from Protective Services received 28 March 201 2 and email received 1 8'h July 201 2


Any person wishing to inspect these documents should contact Mr Graham Smith at 01236 632493

Report Date:

1 l th September 2012


REPORT

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Site Description

The application site includes a former cafe comprising of a detached, single storey wooden clad building and the communal car park at Leven Street shared by the adjacent commercial property containing the Spar and Hairdresser. The site is surrounded by flatted dwellings to the north, the commercial properties and more flats to the east and the former Scottish Power site and housing across Leven Street to the south.

ProDosed DeveloDment

Permission is sought to replace the existing building with a two storey development incorporating 2 shops on the ground floor with their own associated storage, ancillary office space and staff facilities on the upper floor. The footprint of the development would be 116 square metres and the height would be 7.4 metres at the apex of the pitched roof. The applicant also proposes to increase and formalise the communal parking provision for the existing and proposed commercial properties at this location.

Applicant's SuDportina Information

None

Site History

Permission was refused to change the use of the property from a cafe to a hot food takeaway on the 24'h April 2006 (reference: 05/01 377/FUL).

Permission was granted to change the use of the cafe to a nursery on the 4'h January 2006 (reference: 05/01 144/FUL).

Develonment Plan

In terms of the Southern Area Local Plan 2008, the site is covered by Policy HSG7 (Established Housing Areas)

The site is designated as HCF 1A (Residential Amenity) in the Finalised Draft North Lanarkshire Plan 2009.

Consultations

A summary of comments from the consultees are as follows:

i. Protective Services initially requested that the application not be determined until a Noise Impact Assessment was submitted however after further consideration they indicated that they would offer no objections subject to conditions restricting noise from the development and any mechanical ventilation/air conditioning plant. They also recommended the submission of a site investigation report.

ii. Transportation raised no objections subject to some minor adjustments to the position of parking spaces within the site.

RgDresentations

Following the neighbour notification and press advert 12 representation were received from 7 neighbouring properties. The points made can be summarised as follows:

i. The adjacent shop recently became licensed which has seen an increase in cars and customers visiting the site. The proposal will create extra traffic in an area which already suffers from congestion. The existing shop has caused parking problems with the vehicles of local residents and the local bus stop having frequently been blocked due to the congestion in the local area. The development would add to these problems encouraging on street parking to the detriment of road safety and preventing the bus stopping where it should. The external areas of the shop are not kept tidy by the applicant and surrounding businesses and anti social behaviour is a problem with youths congregating, littering and using the rear area as a toilet. The area is already noisy and the likely increased amount of people visiting the site would create more noise pollution for local residents,

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8. Planninq Assessment

8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. In this instance the Southern Area Local Plan 2008 is relevant. The site is zoned as HSG7 (Established Housing Areas) and policies RTLI (Retail Development), RTL4 (Assessing Applications for Retail Development) and TR13 (Assessing the Transport Implications of Development) are also relevant to this proposal.

AdoDted Local Plan

8.2 Policy HSG 7 seeks to protect the established character of existing housing areas by opposing development that adversely affects their amenity. The supporting text to this policy also indicates that local shops can be compatible where they do not adversely affect residential amenity and comply with other Local Plan Policies. Despite the residential zoning the application site is part of an established local commercial site that includes a Spar and hairdressers. It is considered that the impact of 2 additional shops is unlikely to be to the detriment of the amenity of surrounding properties subject to further assessment against the relevant retail policies.

Policy RTLI seeks to direct lesser retail developments to town centre and village and neighbourhood commercial areas and to areas of major industriaVbusiness and housing development. The site is not identified as such an area in the Local Plan but is an established local commercial development and the proposal is of a scale that would not compete significantly with any other local commercial centres. The proposal is considered to be consistent with the aims of policy RTL1 and requires further assessment against RTL4.

8.3

8.4 Policy RTL4 lists a set of criteria for assessing retail developments and in this case the relevant criteria includes whether the proposal could be supported by the appropriate catchment population, effect on the vitality and viability of existing shopping centres, the extent to which proposals would be accessible to public transport, the impacts upon travel patterns by motor car, suitability and impact of the proposal on the character and amenity of adjoining properties and the surrounding environment, design details and access for pedestrians and provision for vehicular access, parking and pedestrian safety. In this instance the site already provides a valuable local retail facility for the wider residential areas and the proposal is not considered to extend the amount of retail to an unacceptable level or take significant business away from other commercial centres. The wider area has seen residential developments that have increased the local population and other residential developments have been approved so a suitable catchment area does exist for this size of development. As discussed above the impact of the proposal on the character and amenity of the nearest housing is not considered to be significant given the scale of the development and its setting within an existing commercial development. It should be noted that the existing property is vacant and does not contribute to the

area but could open as a shop without the requirement for permission as a change in use from a cafe to a retail is permitted development. The redevelopment of the site would remove a vacant property and add local commercial units of an appropriate scale without detriment to the character and amenity of the surrounding area and therefore accords with Policy RTL4. Transportation issues are considered below.

8.5 Policy TR13 sets criteria relating to road and pedestrian safety, parking and servicing. The proposal involves the extension of the existing unmarked parking area and the introduction of a formalised parking layout to serve the existing and proposed retail units. As detailed above in paragraph 6.1 , Transportation has raised no objections to the proposal subject to some minor amendments to the car parking layout, that the applicant has incorporated in a revised plan. The proposal meets parking requirements and can be accommodated within the site without detriment to the surrounding road network and is therefore in accordance with TR13.

Finalised Draft North Lanarkshire Local Plan:

With regard to the Finalised Draft North Lanarkshire Local Plan (FDNLLP), the application site is zoned as HCF 1A (Residential Amenity). This policy resists proposals that would have an adverse impact on the character and amenity of surrounding residential properties. As detailed above, the impact on the surrounding area is considered to be acceptable, as such, the proposal is also in accordance with HCF 1A.

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8.7 The FDNLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Policy DSPI requires retail proposal above 1,000 square metres to be accompanied by a demand assessment therefore this proposal is below the threshold and does not require further justification. Policy DSP2 requires proposals to be consistent with the plan’s locational criteria, and, while the proposal is not in an area zoned for retail it is in an established commercial area using brownfield land, and, as such accords with DSP2. Policy DSP3 requires developer contributions if public improvements are required in the area, however, given the minor scale of the development and improvements that are proposed to the existing communal parking area, no improvements are required in this instance and the proposal is not considered to be contrary to DSP3.

8.8 Policy DSP 4 Quality of Development states that development will be permitted where sustainable design standards and site planning are achieved. In particular, proposals will need to demonstrate that: an appraisal has been carried out on the existing character and features of the site and a high quality development is achieved with design principles which lead to the creation of a distinct, successful places addressing siting, overall layout, density, form, scale, height, massing, proportion, detailing, materials and open space issues. Developments are also required to integrate successfully into the local area avoiding harm to the neighbouring amenity, avoiding adverse impact on adjacent properties through over looking, loss of privacy or amenity, overshadowing, noise or disturbance. The provision of roads, access and parking also requires to be assessed by Policy DSP4. As detailed above the proposed retail units are considered to be acceptable in relation to their impact on the character and amenity of the surrounding area and for the reasons already given the proposal is in compliance with DSP 4.

Consultations

8.9 In relation to the comments by Protective Services, conditions are proposed requiring further details of any extractiodair conditioning system and also restricting noise and requiring a site investigation.

Remesentations

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

i. With regards to parking and the impact of the development on the nearby road network, as detailed above in paragraph 8.5, Transportation has raised no objections to the proposal and it meets parking standards. Existing problems of anti social behaviour and litter in the area are not material planning considerations however it is not considered that the proposal will have an impact on this. In relation to noise, the site is part of an existing commercial development and it is considered that the replacement of the vacant cafc! with the 2 additional retail units is unlikely to cause any significant increase in noise or disturbance. Conditions are attached restricting noise levels from potential ventilation/air conditioning.

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9. Conclusions

9.1 In conclusion, following detailed assessment of the application, it is considered that the proposed development is acceptable in terms of the criteria set out in the relevant policies of the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan 2009. The proposed development can be suitably accommodated within the site without detriment to the surrounding area and planning permission is hereby granted subject to conditions.

Application No:

12/00229/FUL


Construction of building containing 3 Hot Food Take-Away Units (Sui Generis), 2 Shops (Use Class 1) and 1 Office (Use Class 2) with Associated Parking Site Address:

Oasis 3 Glencryan Road Carbrain Cum bernauld Glasgow North Lanarkshire G67 2UQ

Date Registered:

19th March 2012

Applicant: Mr S Panesar Oasis 3 Glencryan Road Cum bernauld Glasgow G67 2UQ Application Level: Local Application

Agent: Jim Horne 95 South Woodside Road Glasgow G20 6NT


Ward: Representations: 003 Cumbernauld South William Goldie, Allan Graham, Paddy Hogg, Stephanie Muir,

2 letters of representation received.


The proposed retail units are considered to generally accord with adopted Cumbernauld Local Plan and, in particular Policy IB1 (Industry/Business Area) and emerging Policy EDI 1 A1 (Existing Industrial and Business Areas) of the emerging North Lanarkshire Local Plan (Finalised Draft)

Reproduced by permission of the Ordnance Survey on behalf of HMSO. 0Crown Copyright and database right 2012. All rights reserved. Ordnance Sutvey Licence number 100023396.

PLAN N I NG AP P Ll CAT1 ON 1 2/00229/FUL

Construction of building containing 3 Hot Food Take-Away Units (Sui Generis), 3 Shops (Use Class I) and I Ofnce (Use Class 2) with Associated Parking

Oasis, 3 Glencryan Road, Carbrain, Cumbernauld

I * Representation

area I

Producad by Planning and Development Environmental Services 1

rbhire North Lanarkshire C Flerning House 2 Tryst Road Coundl Cumbernauld 087 1JW


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

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

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


Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

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

Reason: These details have not been submitted or approved.

That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority and, thereafter implemented in accordance with the approved plan, before any of the units hereby permitted are brought into use.

Reason: To ensure the provision of adequate boundary treatment.

Notwithstanding the generalities of Condition 5 above, details of a barrier to stop direct access to the application site from South Carbrain Road shall be submitted to and approved in writing by the Planning Authority before any of the shop units hereby permitted are occupied.

Reason: In the interests of Road safety.

That no aspect of the full development shall start, unless otherwise agreed in writing by the Planning Authority, until evidence is exhibited to the Planning Authority that an agreement has been reached by the applicant with Scottish Water for the provision of a drainage scheme for the site.

Reason: To ensure that there is satisfactory drainage provision.

That before any aspect of the full development starts, full details of the proposed surface and foul water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

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

That the SUDS compliant surface water drainage scheme approved in terms of Condition 8 shall be implemented contemporaneously with the full development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.

Reason: To safeguard adjacent watercourses and groundwater from pollution.

10. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a Phase 1 Desk Study requires to be submitted to and for the approval of the said Authority and depending on the findings of the study, a comprehensive site investigation may be required. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required

Reason: To determine the presence or not of Contaminated land.

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

Reason: To ensure that adequate remediation measures are in place at the site.

12. That a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: To ensure the provision of adequate visibility splays at the site

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

Reason: These details have not been submitted or approved.

14. That before the development hereby permitted is completed, a 2 metre wide footway shall be constructed along the full frontage of the site, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of traffic and pedestrian safety.

15. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 and the provisions of Sui Generis class of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the 3 Hot Food Shops hereby permitted shall be used solely for this purpose and are not permitted to change to either Classes 1 or 2 without the prior written approval of the Planning Authority.

Reason: To enable the Planning Authority to retain effective control, in order to limit Class 1 retail units at the site.

16. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

Backaround Papers:


Letter from Burroughs Sports & Social Club, 1 Glencryan Road, South Carbrain, G67 2PL received 10th April 201 2 Letter from Mr John j Duffy, 60 Kilbowie Road, S Carbrain, Cumbernauld received 4th April 201 2


Memos from Traffic & Transportation dated 19/6/2012 and 13/8/2012 Memo from Environmental Health (including Pollution Control) dated 18/4/2012


Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632521

Report Date:

14'h September 2012


REPORT

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Site DescriDtion

The application site is located between South Carbrain Road and Glencryan Road, Cumbernauld. The existing ‘Oasis’ restaurant building on the site was constructed around 15 years ago and amounts to some 175 square metres, however planning permission has been approved for an extension of some 64 square metres. This consent was never implemented. Whilst the building has a number of tables and chairs for dining on the premises, it is accepted that the majority of its custom is from hot food takeaways.

Whilst the application site is located in an industrial area, this part has a mixture of uses, with the Oasis cafehestaurant and a car showroom and social club being situated either side of the site.

Proposed DeveloDment

The proposal is for the construction of a building containing 3 Hot Food Take-Away Units (Sui Generis), 2 Shops (Use Class 1) and 1 Office (Use Class 2) with Associated Parking at Glencryan Road, Cumbernauld. The building amounts to some 760 square metres, the breakdown in sizes of units being, 2 hot food units at 107 square metres per unit and one at 77 square metres, one Class 2 Office unit at 89 square metres, a Class 1 unit at 130 square metres and a further, larger Class 1 unit at 250 square metres. The building is single storey, rectangular shape with 6 glazed door entrances in the front of the building. 34 car parking spaces are proposed, 2 of which are disabled spaces and an improved access is proposed for the site. The site slopes significantly over a very short distance from South Carbrain Road to the floor level of the proposed building, with a drop of approximately 1.5 metres. A small retaining wall is shown on the elevation plan indicating this level difference. This allows for the site to be built on a level platform which is obviously beneficial to the customer base.

Aimlicant’s Sumortina Information

No supporting information.

Site History

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03/0069O/FUL Alterations And Extension To Restaurant granted 20th August 2003 07/00357/OUT Construction of Class 1 and Class 2 Units and Change of Use of Cafe/Restaurant to Hot Food Take-Away granted 5‘h May 2007 08/00006/REM Construction of Two Commercial Units (Class 1 and 2) granted 1 5th February 2008 11/00371/FUL Alterations and Extension to Restaurant 3‘d June 201 1

DeveloDment Plan

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

In terms of the adopted Cumbernauld Local Plan 1993 the site is covered by Policy IBI Industrial Areas. The policy states there will be a presumption in favour of industrial and business Class 4 development. Proposals incompatible with industrial and business uses will not be allowed and it further states there is a presumption against retail developments where they are considered to have an adverse effect on the existing shopping hierarchy.

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The site is allocated as Policy EDI 1 A I (Existing Industrial and Business Areas) in the emerging North Lanarkshire Council Local Plan (Finalised Draft).

Consultations

Traffic and Transportation has no objection to the proposal provided that adequate parking provision is located within the site and adequate visibility splays are formed and maintained at the entrance to the site.

Protective Services have requested a Phase 1 Desk Study to be carried out and, depending on the results, a more thorough investigation may be required.

Remesentations

2 letters of representation received. The objections may be summarised as follows:-

Existing on-street parking is an issue in the vicinity of the application site. The proposal will exacerbate this problem and could lead to non members of the Burroughs Sports and Social Club parking within the curtilage of the club. The land owner is stated as Burroughs Social Club, is this corroborated? The application makes no mention of previous applications at the site. When the Oasis take-away was built it did not adhere to conditions imposed on it, namely erecting a screen fence to preventing direct access from the chip shop to the South Carbrain Road. There is nothing in the plans that show a high enough fence to prevent direct access from the main road. There are already a large number of hot food take away outlets in the area and there is an ongoing plague of seagulls in the area due to take aways and the nearby recycling centre. It is debatable that extra car parking spaces can be achieved within the site without causing subsidence to the main road or lead to a flooding issue.

Plannina Assessment

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

DeveloDment Plan - Cumbernauld Local Plan 1993: Policy IB1 applies in this case and states that there is a presumption in favour of industrial and business development within these areas. It further states that there is a general presumption against retail development where they are considered to have an adverse effect on the existing shopping hierarchy.

The application does not comply with Policy IBI in the adopted Cumbernauld Local Plan 1993, as it is not of an industrial or business Class 4 nature. However, the site gained planning permission for the Construction of two Commercial Units (Class 1 and 2) in February 2008. Although this consent has since lapsed, it is considered that there has been no material change in circumstances that would warrant a change of view by the Council, should the same application have been resubmitted. It is also considered that this part of the industrial area already has a mixture of uses. The introduction of Classes 1 and Class 2 units as well as Hot Food Shops which fall within there own use class i.e. Sui Generis, with a total floor area of 763 square metres is not considered to have an adverse impact on the shopping hierarchy and will act as a local centre serving the immediate residential area. The mixed use nature of the immediate area ensures that an unacceptable precedent is not being set for industrial areas. It is therefore considered that the proposed development is generally in compliance with the terms of this adopted policy. The size of the retail development is significantly below the threshold for a development that would be considered to have a detrimental impact on local shopping centres, therefore no Retail Impact Assessment was required for the development.

8.4 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan (FDNLLP): The site is allocated within Policy EDI 1 A1 (Existing Industrial and Business Areas) in the emerging North Lanarkshire Council Local Plan (Finalised Draft). As with adopted policy, this policy seeks to protect industriahusiness areas from inappropriate development and maintain existing industriavbusiness areas. It is considered that the site is under utilised and that this fairly small retail development will not have a detrimental effect on the area as it is considered to be a mixed use area as there is a car showroom and a social club in close proximity to the site. It will bring economic benefit to the area and provide a local retail service in an area that is lacking this type of facility at present.

The FDNLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Policy DSPI requires retail proposals outwith areas identified for retail and above 2,000 square metres to be accompanied by a demand assessment. As already stated, the proposal is in an area zoned for industry/business, however it is a fairly mixed use area and the site has an established commercial use on it with permission for expansion. Policy DSP2 requires proposals to be consistent with the plan’s locational criteria, and, given that the development would be within a site that is very accessible and will be utilising an underused site within the urban area, the proposal accords with DSP2. Policy DSP3 requires developer contributions if public improvements are required in the area, however, no improvements are required in this instance and the proposal is not considered to be contrary to DSP3.

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8.6 Policy DSP 4 Quality of Development states that development will be permitted where sustainable design standards and site planning are achieved. In particular, proposals will need to demonstrate that: an appraisal has been carried out on the existing character and features of the site and a high quality development is achieved with design principles which lead to the creation of a distinct, successful places addressing siting, overall layout, density, form, scale, height, massing, proportion, detailing, materials and open space issues. Developments are also required to integrate successfully into the local area avoiding harm to the neighbouring amenity, avoiding adverse impact on adjacent properties through over looking, loss of privacy or amenity, overshadowing, noise or disturbance. The provision of roads, access and parking also requires to be assessed by Policy DSP4. As detailed above the proposed building is considered to be acceptable in relation to its impact on the character and amenity of the surrounding area and for the reasons already given, the proposal is considered to be in compliance with DSP 4.

8.7 The existing hot food outlet at the site has an element of frontage onto the busy South Carbrain Road, which, on occasion, can result in road traffic issues due to on street parking and pedestrians utilising the entrance to the shop, which fronts onto the main road. The proposed development will remove this traffic hazard by locating all the shops further into the site, with no frontage onto South Carbrain Road. A condition is also proposed requesting details of boundary treatment that will define the site and hopefully prevent the current traffic issues from continuing.

8.8 It is also worth noting that planning permission was previously approved for a commercial development amounting to some 200 square metres which was split into two commercial units (Classes 1 and 2). This added to the existing chip shop floor area of 175 square metres and to the recently consented 64 square metres could have resulted in the site having been developed as an enlarged hot food shop and commercial development which would have amounted to some 439 square metres.

8.9 Consultations - Traffic and Transportation has no objection to the proposal provided that adequate parking provision is located within the site and adequate visibility splays are formed and maintained at the entrance to the site. Conditions are proposed that will ensure that these comments are adhered to. Protective Services have requested a Phase 1 Desk Study to be carried out and, depending on the results, a more thorough investigation may be required. A condition is proposed to ensure that an adequate ground investigation is carried out.

8.10 ReDresentations - In respect of the terms of objections set out in paragraph 7.1 above, the following comments can be taken into account on each of the points raised:-

* The proposed development has satisfied the Councils Roads and Transportation section in terms of parking requirements for the site. The applicant cannot be held responsible for on street parking issues adjacent to the site. There should therefore be no need for shop customers to park in the adjacent Burroughs Social Club. The initial location plan submission incorporated a small part of land that seemed to belong to the Social Club, this was later removed from the plan and a new plan was submitted. There is no requirement for the applicant to make reference to previous applications at the site. There is a condition proposed requesting boundary details to be submitted and approved that will prevent direct access from the application site onto South Carbrain Road, therefore this should solve the problems that persist at the site at present. As stated above the Council will be required to agree to any boundary treatment at the site. It is not considered that there is a proliferation of hot food takeaways in the immediate vicinity, however, this would be out of the scope for my Department in reaching a decision on the application as it is not considered to be a material consideration in this instance. If there is a litter problem at the site, this would be subject to separate legislation, governed by the Council’s Pollution Control section, therefore not a material planning consideration. The site will be constructed to current best practice standards. If there was found to be any damage to adjoining Council land ie. road, the Council would take appropriate action.

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9.1 The proposed development is considered to be acceptable and generally accords with the policies contained within the Cumbernauld Local Plan and the emerging North Lanarkshire Local Plan Finalised Draft for the reasons stated in paragraphs 8.3 and 8.4 above. It is considered that the site can be developed as per the submitted scheme without detriment to the industrialhusiness allocation in the adopted and emerging local plan due to the limited scale of development. The increase in floor area of some 324 square metres from a previously consented scheme is considered acceptable and will provide a facility that will benefit the local area, offering a choice of shops, it is recommended that planning permission be granted.

Proposed Development: Application No:

12/00521/FUL Extension to Existing Cafe (Class 3) to Form Meeting Room (Incorporating Decking Area)

Site Address:

Tea House On The Loch Lochend Road Gartcosh Glasgow North Lanarkshire G69 8BE

Date Registered:

26th June 2012

Applicant: Mrs Susan Dalziel Tea House On The Loch Lochend Road Gartcosh G69 8BE


Ward: 005 Strathkelvin William Hogg, Frances McGlinchey, John McLaren, Brian Wallace,

Agent: KRS-Design (Karen Scarlett) 3-5 Barbreck Road Glasgow G42 8PY


Representations: 1 letter of representation received from Gartcosh Community Council.

Recommendation: Approve Subject to the Following Conditions

Reasoned Justification: The extension is considered to be well designed in that it would accord with the design of the existing building and relevant policies protecting amenity and relevant design criteria within the adopted Northern Corridor Local Plan. The design, scale and siting of the extension is considered acceptable in that the building would integrate well into its surroundings.

Repmduced by permission d the OlThance Sum ey on bhatofHMSO. @Crown Copytiglt and ddabase nfl 2009. A11 rigMS rasewed. Onlnance Suwey Liceme number 100023396.

Mrs Susan Dalziel Tea House On The Loch, Lochend Road, Gartcosh Extension to Existing Cafe (Class 3) to Form Meeting Room [Incorporating Decking Area]

?k Representation

Juhnstvn

Loch

N Planning and Development Environmental Services North Lanarkshire C '

Fleming House 2 Tryst R odd Cumbernauld 087 I J W

A

Rep re sentatio n Received fro r *Gartcosh Community Council


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


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


That except as may otherwise be agreed, before the development starts, a scheme for the improvement of the existing access shall be submitted for the written approval of the Planning Authority. For the avoidance of doubt, the scheme shall include the provision of passing places and will also include measures to improve the surface of the track.

Reason: To improve the existing track and to allow two way traffic.

That before the tea room extension is brought into use, the access will be improved in accordance with the details agreed under the terms of Condition 3 above.

Reason: To ensure that the improvements to the access track are carried out.



That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

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

Backaround Paoers:


Letter from Gartcosh Community Council Bryan Johnston, Griffin Lodge, Gartcosh, G69 8AY received 24th July 201 2


Traffic L? Transportation memorandum received 24*h August 2012. Green Space Service memorandum received 24th July 201 2


Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632524

Report Date:

1 4'h September 201 2

APPLiCATiON NO. 12/00521/FUL

REPORT

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Site Description

The application site lies adjacent to Lochend Nursery, Gartcosh and is bounded to the south by Johnston Loch. The site is accessed by an un-adopted road which connects a horticultural nursery, a dwelling and the tearoom (subject of the extension) to Lochend Road. The remainder of the site is surrounded by woodland and mature landscape planting. The area is characterised as being loch side and rural, with the area to the south being a Site of Importance for Nature Conservation (SINC). The site is generally level and consists of an area of compacted hard standing, existing decking, and amenity ground.

Proposed Development

The application seeks permission for the extension of a tea room at Lochend Road, Gartcosh. The building is a single storey wood cabin construction (dual pitch roof) which incorporates some decking areas. The extension will have a footprint of 125 metres square and fall below the ridge height of the existing structure being some 5 metres in height with a mono inclined roof at the highest point. The proposal will be finished in materials to match the existing building. A condition has been recommended to enable appropriate finishing materials.

Applicant's Sumortina Information

No supporting information has been requested or submitted.

Site Historv

Relevant previous applications are as follows:

97/00074/OUT Erection of Nursing Home, Licensed Restaurant and Recreational Open Space Facilities (Outline) refused gth June 1997, as it constituted an inappropriate new development in the reen belt. 03/01775/FUL Construction of a Tea Room granted 5 February 2004 10/01128/PPP Construction of Building Containing Flatted Dwelling, Office and Storage Area granted 2"d March.2011. 1 1/01202/MSC Construction of Building Containing Flatted Dwelling, Office and Storage Basement approved 1 gth January 201 2.

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This application is not of strategic significance and can therefore be assessed against relevant policies in the Northern Corridor Local Plan 2005. The site is zoned as ENV 4 (Development in the Green Belt). ENV 8 (Extending Existing Developments in the Green Belt) is also of relevance.

A summary of comments from traffic and Transportation are as follows:

i. Traffic and Transportation advise that the additional proposal would exceed the threshold of development requiring the site to be serviced by a road of adoptable standard. Transportation have therefore recommended refusal. However, if permission is to be granted conditions are recommended in relation to access improvements and parking.

ii. Greenspace Services have no objection to the proposal and retracted their

initial request for a protected species survey following a site visit.

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Rewesentations

Following the standard neighbour notification process and newspaper advertisement, one letter of representation has been received from Gartcosh Community Council. Their concerns are that the proposal is contrary to Green Belt policy

Plannina Assessment


Develooment Plan Northern Corridor Local Plan 2005: The local plan zones the application site as Green Belt in which policy ENV 4 (Development in the Green Belt) applies. Policy ENV8 (Extending Existing Developments in the Green Belt) advises that proposals for extensions are normally supported where the proposals are consistent in design and where the scale of proposals relates to the original building. Proposals that do not dominate the appearance of the building are therefore generally acceptable subject to impact of the proposal. It is considered that the proposal is acceptable in principle subject to an assessment on design and impact discussed below.

Design and impact. The building will be constructed with materials that match those on the existing building and this is therefore considered acceptable. No part of the proposal will result in a loss of sunlightldaylight as there are no proximal buildings due to the size of the amenity space area surrounding the building. Similarly, it is considered that there will be no loss of privacy as there are no neighbouring properties on the immediate boundary. The area within the curtilage currently given over to parking, will remain unaltered with the development footprint currently being soft landscaped ground. The extension is considered acceptable in that it complements the existing building’s character and style and is acceptable in scale.

Decking: The applicant also proposes an area of decking which will be 88 metres square in area, be 100 mm above the water level of the loch and match the 300 mm finished floor level of the existing building. The decking is also considered acceptable in that it compliments the existing building’s character and style and is acceptable in scale.

Other Material Considerations - Finalised Drat? North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan which zones the site within Policy HCF2B Locations for (Medium Term) Housing Development. This policy considers the future planned expansion of urban areas, the details of which have yet to be established. The principle of the development has been accepted by the granting of planning permission (03/01775/FUL) for the construction of a tea room. In addition, as the form of any future development has yet to be realised, the eventual use of areas close to the loch margins remain unidentified. This site already has a role in safeguarding the environmental assets associated with the Johnston Loch SlNC by forming the confines between this established use and the loch edge. The extension of the tea room is acceptable as it will not affect the openness of the loch setting. Policy DSP3 refers to the impact of proposals on the economic, social, or environmental infrastructure of the community. The definitive use of this section of the community growth area however, remains undefined and it is therefore considered that the proposal, being an extension to an existing use, is unlikely to affect the wider aspirations of the area as reflected in this policy.

Consultees: Traffic and Transportation have made a number of recommendations which have to be weighed against maintaining the rural environment and the relatively

low level of additional traffic associated with the development. Notwithstanding the proposal representing an extension to accepted development, Traffic and Transportation has recommended the upgrade of the existing access. It is noted that access improvements were considered in the original permission for the cafe and a suitable condition attached. It is recommended that this condition is again considered acceptable enabling implementation of access improvements. In considering recommended parking levels, it should be noted that the original permission for the cafe granted in 2004 recommended 12 parking spaces. The cafe is now the subject of a modest extension and Traffic and Transportation are recommending 41 spaces should be provided. This recommendation is not considered appropriate, not least, as the proposal represents a modest extension to an existing use. Given that the applicant is proposing to more than double the existing parking (28 spaces) at this semi rural location, then the parking provision proposed is considered acceptable.

8.8 Representation: The points of objection raised by the Community Council can be summarised as follows:

Point of objection: The application is contrary to development plan policy (Green Belt) and the area is subject to a restriction on further building around the loch.

Comment: This application relates to the construction of an extension to a building and is considered to be appropriately designed for a Green Belt location.

Point of objection: The proposal will result in a reduction in road safety.

Comment: Traffic and Transportation has made recommendations to improve the access which have been conditioned.

9. Conclusions

9.1 It is considered that the proposed extension to the building will not adversely affect the existing rural character of the site and the general area and, as such, accords with the relevant development plan policy. It is recommended that the application be approved subject to conditions.

Application No:

12/00598/AMD


Introduction of an Ancillary Takeaway Service, Outside Seating Area and Extension of Opening Hours to 1 lpm. (Amendment to Planning Permission 11/0091 S/FUL) Site Address:

53 Alexander Street Airdrie North Lanarkshire

Date Registered:

12th July2012

Applicant: Mr Stephen Jones 14 First Avenue Millerston Glasgow G33 6JP


Ward: 008 Airdrie Central James Logue, David Stocks, Peter Sullivan,

Agent: Alan Macdonald The Studio 77 Main Street Longforgan DD2 5EW

Contrary to Development Flan: Yes

Representations: 5 letters of representation received.

Recommendation: Refuse

Reasoned Justification: That the proposed amendment would be detrimental to the amenity of the surrounding residential properties and the character of the Conservation Area by intensifying a use likely to create adverse environmental affects.

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Produced by Plannina and DeveloDrnent Introduction of an AncillaryTakeaway Service

Outside Seating Area and Extension of Opening Hours to 11 pm. (Amendment to Planning Permission 11/00915/FUL)

53 Alexander Street, Airdrie. * Representation

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Recommendation: Refuse for the Following Reasons:-

1. The proposal will result in the intensification of a use likely to create adverse affects resulting in a detrimental impact on the character and amenity of the adjoining residential area and adjacent dwelling by virtue of noise and general disturbance, as such, the proposal is contrary to the polices ECON8, and ENVI 6 of the Monklands District Local Plan.

2. The proposal would increase the number and frequency of customers over the existing use with inadequate parking provision and is likely to result in on street parking and congestion to the detriment of the surrounding residential area and road network.

3. That should Permission be granted for this development a precedent may be set which would make it difficult for the Planning Authority to refuse other similar applications.

Backaround PaDers:


Letter from Mrs Norah Ness, 51 Alexander Street, Airdrie, received 13th July 2012 Letter from St Fillans, 528 Alexander Street, Airdrie, received 10th July 2012 Letter from Mrs. Christine wotherspoon, 58d Alexander st, Airdrie, received 31 st July 201 2 Letter from Mr. Charles Ernest brown, 58a Alexander st, Airdrie, received 31st July 2012 Letter from Ms Megan Moylan, The Tudor Hotel, 39-49 Alexander Street, Airdrie received 13th July 201 2

Supporting statement from (Alan S Mac Donald) Atelier-M Architects received 31'' August 201 2.


Protective Services (including Pollution Control) memorandum received 1 3Ih July 201 2 Traffic and Transportation memorandum received 12th September 2012


Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01 236 632524

Report Date:


APPLICATION NO. 12/00598/AMD

REPORT

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Site Description

The subjects form part of a larger detached stone built building that fronts onto Alexander Street, Airdrie on its southern footpath to the west of Airdrie Town Centre. The building is single storey in design, stepped down at roof level and currently operates as a cafe selling primarily ice cream, teas and coffees, sandwiches, hot filled rolls, cakes etc. to customers who would consume them on the premises with no home deliveries or takeaway facilities. Cooking and heating of foods is currently carried out by means of a cooker, Panini machine, soup kettles and microwave ovens. The hours of operation are currently restricted between the hours of 7am and 6pm daily. The subject unit is located centrally within the building (Unit 3) and provides 136 sq. metres of floor space internally. The unit currently accommodates a single frontage doorway (onto Alexander Street) with display window and signage display area over.

The site is set between recently subdivided vacant commercial premises (no. 57) and a residential property (no.51) while the surrounding area in general is predominantly residential in nature with large Victorian style villas located opposite the site on the north footpath of Alexander Street, although the Tudor Hotel is located around 300metres to the east. The site is also located within the Victoria & Town Centre Conservation Area.


The applicant is now seeking to amend the previous permission 11/00915/FUL Change of Use to Class 3 to Form Coffee and Ice Cream Shop/Cafe within Existing Commercial Class 1 Property and extend the premises by introducing an outdoor seating area to the front of the unit and introduce extended hours to 11 pm and a take away service.

Internally, the unit will continue to be laid out to accommodate a food preparation area with servery and seating area in the frontage section of the building with additional seating, WC facilities and storage area in the rear part of the unit. The existing single door on the frontage of the unit will be the sole access from Alexander Street.

Additional information

Following the consultation response with Protective Services (viewing comments on line) the applicant’s agent submitted a supporting statement advising the following:-

The statement clarifies how the proposed amendments will function in relation to the existing business and considers the impact of the proposed changes will be slight, in particular noise from outdoor seating area. The applicant has also clarified that it would be acceptable to limit the time for external seating to 7pm each night during the summer months and has compared the impact of the carryout service with the nearby convenience store (spar).The statement clarifies that the use remains a caf6 and is not a hot food take away.

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Site History

The following applications are relevant to the assessment of the application.

11/0091 5/FUL Change of Use to Class 3 to Form Coffee and Ice Creyt Shop/Cafe within Existing Commercial Class 1 Property, approved 18 October 201 1 I

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In terms of the Monklands District Local Plan 1991 , the site is covered by policies ECON 8: General Urban Areas, ENV 15 (Conservation Areas) and ENV16 (Conservation Area Improvements).

Pollution Control has provided comments on potential noise generation arising from the outdoor seating area. As there is no method of mitigating against this impact, they have recommended refusal.

Traffic and Transportation have provided comments on parking requirement and the impact on the footway from the seated area and recommended refusal.

Following the standard notification process, 5 letters of representation were received. Points raised include lack of parking, precedent being set, not in keeping, commercial demand, noise, disturbance, litter, loss of residential amenity, licensing, surplus of hot food outlets, public health and odours. Comments are summarised in paragraph 8.3 below.

Plannina Assessment

Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise.

DeveloDment Plan - Adopted Local Plan - Monklands District local Plan 1991 including the Finalised First Alterations A, B & C 7996: Policy ECON 8 supports a mix of uses subject to there being no change of use or intensification of use likely to create adverse environmental effects.

Policy ENV15 confirms the site’s location within a Conservation Area and policy ENV 16 considers the impact of proposals on the Conservation Area, overall the Council will pay regard to the overall character of the proposals and the impact on their surroundings.

In considering each of the elements of the application in turn :-

e Out door seating Area: The outdoor seating area is a significant extension of the current use and considered to be an intensification of this use, likely to result in significant disturbance and loss of amenity to adjacent residents by virtue of increased noise, activity and disturbance, as such is contrary to the principal policy in the development plan.

Extension of hours; The site is located within a predominantly residential part of the Victoria & Town Centre Conservation Area and fronts directly onto a main transportation route linking Airdrie & Coatbridge. The extension of the use into evening hours concurs with concerns from objectors over noise, loitering and vehicle movement around the site. Given its prominent location, an extension of hours until 1 lpm would result in an adverse impact on the character of the Conservation Area but also more particularly on the amenity of the house immediately adjacent.

Introduction of a carryout service: The applicant is proposing that food prepared on the premises is consumed by patrons off site. Whilst this would be ancillary to the main use, when considered in conjunction with the other proposed changes this would create adverse environmental effects.

8.5 Given the foregoing the proposal is considered to be contrary to policies Econ 8 (in terms of adverse environmental impact) and ENV 16 (in terms of impact on the Conservation Area). The overall intensification of the cafe use (including outdoor seating and hot food take away) is considered to be unacceptable in terms of the overall impacts of the proposals. The proposal must therefore be refused unless material considerations can be demonstrated that would outweigh the development plan.

8.6 Other Material Considerations -Finalised Draft North Lanarkshire Local Plan (FDNLLP): is a material consideration and is covered by Policy HCFl (Protecting Housing and Community Facilities resources) and is supported by development strategy policies covering DSP4 (Quality of Development). The principal policy in (FDNLLP) again seeks to protect residential amenity by avoiding harm to neighbouring dwellings and, in this respect, the emerging plan complements the adopted plan. In considering the quality of the development, policy DSP4 states that in order to integrate successfully into the local area and avoid harm to the neighbouring amenity, proposals should relate well to the existing context and avoid adverse impact on existing properties through loss of amenity, noise, or disturbance. The proposal is not considered to be supported by the Finalised Draft North Lanarkshire Local Plan.

8.7 Planning History Application 11/00915/FUL (Change of Use to Class 3 to Form Coffee and Ice Cream Shop/Cafe Within Existing Commercial Class 1 Property) was accepted on the basis that the impact on residential amenity was limited in scale in that, the proposed hours of operation were only during daytime (7am till 6pm) and the anticipated limited impact of any smell/odours compared with a dedicated hot food takeaway added weight to the view that the use would be acceptable at this location. This would no longer be considered the case with the introduction of late hours, outdoor seating and take-away service intensifying the development to a point which will result in an overriding loss of amenity to neighbouring residential properties. Whilst it was considered that this proposal would not be harmful to the character of the building, the same cannot be said of the impact on the surrounding properties or the Conservation Area in general. At an adjacent property (57 Alexander Street) it is also noted that the introduction of a hot food carry out use was refused and subsequently dismissed on appeal by the Scottish Government on the grounds that the proposed Hot Food Carry Out would be detrimental to the amenity of the surrounding residential properties and the character of the Conservation Area. In this application the applicant is proposing that food prepared on the premises is consumed by patrons off site, however, unlike the proposal above, this practice would remain ancillary to the main use and current levels of the business given over to this practice would be substantially secondary to the main cafe use and therefore are not directly comparable.

8.8 Transportation Impacts: This application seeks to amend permission 1 1/00915/FUL where it was accepted that the applicant does not seek to introduce any dedicated off- street parking provision to serve the proposal. This continues to be the case and notwithstanding the previous permission and former use of the building (as a single furniture sales outlet) and the recent refurbishment of this building to accommodate 4 retail units, it is anticipated that the level of on street parking associated with this proposal would further increase to a level where a lack of parking at the site has the potential to introduce a significant reduction in Road safety. It can no longer be held that, in terms of increased traffidparking demand at and around the site, the lack of parking provision is acceptable, Subsequently Traffic and Transportation have recommended refusal. Traffic and Transportation have also commented that the external seating area is considered a pavement extension to the cafe and would require agreement under current roads legislation as a removable barrier would be required and that consent would not be granted for this. Whilst noting that the positioning of the external seating area on the footway conflicts with roads legislation (because the cafe extension would reduce the width of the footway below the required minimum width of 3 metres) it should also be noted that in planning terms a number of items of street furniture along Alexander Street are positioned as to reduce the width of the footway and are considered acceptable.

Economic Benefit: It is considered that, although the proposal would support an existing 8.9

business within the area, the economic benefits would be minimal and, whilst no staff numbers have been forwarded, it is considered unlikely that the proposal would create significant employment opportunities or provide a service that could not be more appropriately located. As a material consideration economic benefit does not carry enough weight to warrant an approval of this application.

Representation: The points of objection raised can be summarised as follows:-

Point of objection: The proposal will impact on street parking availability, the blocking of driveways in the area and impact on existing business.

Comment: It is anticipated that the level of on street parking associated with this proposal would further increase to a level where a lack of parking at the site has the potential to introduce a significant reduction in road safety. It can no longer be held that, in terms of increased traffidparking demand at and around the site, the lack of parking provision is acceptable

Point of objection: The outside seating area is not in keeping with the areas Conservation Area status and will impact on the character and residential amenity of the area and result in increased noise, disturbance, litter and additional traffic.

Comment: The site is located within a predominantly residential part of the Victoria & Town Centre Conservation Area and fronts directly onto a main transportation route linking Airdrie & Coatbridge. Given the extension of the use into evening hours with concerns over noise, loitering and vehicle movement around the site and its prominent location, the proposal will result in an adverse impact on the character of the Conservation Area but also more particularly on the amenity of the house immediately adjacent.

Point of objection: There is a surplus of hot food takeaways in the town centre and no commercial demand for a further take away.

Comment: This is not a material planning consideration.

Point of objection: An application at 57 Alexander Street for a hot food takeaway was recently refused permission by the Committee and dismissed by the Scottish Government on appeal.

Comment: This application relates to a different address, however, it forms part of the same parade of buildings and, as such, is useful in providing continuity and comparison when considering planning proposals. In this circumstance, the applicant is proposing that food prepared on the premises is consumed by patrons off site, however, unlike the proposal above, this practice would remain ancillary to the main use and current levels of the business given over to this practice would be substantially secondary to the main cafe use. Nevertheless, taken in conjunction with the other proposals the development is considered unacceptable.

Point of objection: The applicant is seeking to amend the provisions of his license to provide hot food.

Comment: Decisions on licensing are considered by the Licensing Committee and this is not a material planning consideration.

Point of objection: Support for fast food outlets is counter to the promotion of the general health of the nation.

Comment: The planning system considers, in the main, issues relating to land use and, whilst the wider aims of the government are understood in this case, this is not a material planning consideration, not least, as the applicant is seeking to amend an existing permission.

Point of objection: The proposal will give rise to cooking odours.

Comment: The applicant has permission for a cafe which currently provides cooked food and is not proposing a change to the preparation method of food. Notwithstanding this position, the production of cooking odours will continue into the evening hours with the introduction of extended hours.

9. Conclusions

9.1 On balance, it is concluded that the material considerations noted above do not provide sufficient weight to take precedence over the policies of the development plan. It is considered that the proposal will result in an unacceptable loss of amenity and generate a level of disturbance and noise by virtue of the proposed intensification of usage in the evenings to the detriment of the character of the surrounding residential area. As such, the proposal does not accord with the relevant policies within Monklands District Local Plan and there are no material considerations which suggest that an approval is acceptable. It is recommended therefore that planning permission should be refused for the aforementioned reasons.

Application No:

12/00711/FUL


Demolition of Existing Newmains Library & Construction of Two Storey Community Centre Building Containing Library, Multi Purpose Hall, Cafe, General Purpose Rooms and Office Space and Formation of New Entrance Road and Car Park Site Address:

Newmains Library 11 Manse Road Newmains W is haw ML2 9AX

Date Registered:

3rd July 2012

Applicant: Newmains Community Trust 35 Kilmichael Avenue Newmains ML2 9NX

Application Level : Local Application

Agent: Simon Fisher lngenium Archial Elliot Street Mews 40 Elliot Street Glasgow G3 8DZ

Contrary to Development Plan: In Part

Ward: Representations: 01 9 Murdostoun Alan Clinch, Robert McKendrick, Nicky Shevlin, John Taggart,

Three letters of representation received.



The proposed development is considered to be acceptable in relation to the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan. The proposal can be accommodated without detriment to the surrounding area.

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A I * Representation8


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

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

2. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

3. That, except for the terms of conditions (4) and (11) below in relation to boundary treatment, or as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the approved drawings submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority.


4. That notwithstanding the details shown on the approved plans BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: In the interest of visual amenity by ensuring that external materials are appropriate for the site and for the general area.

5. That PRIOR to any works of any description being commenced on the application site, the submitted site investigation report by BAM Ritchies dated lgth June 2012 shall be approved in writing by the Planning Authority. Should any further investigation works be required these must be carried out in accordance with North Lanarkshire Council’s published guidance booklet ‘Contaminated Land - A Guide to Submitting Planning Applications for Development of Contaminated Land. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model in accordance with this guidance. Depending on the results of the investigation, a detailed Remediation Strategy may be required as part of the above report.

Reason: To ensure that the site is free of contamination in the interests of the safety of future users of the site.

6. That prior to the development being brought into use, any remediation works identified by the site investigation report required in terms of Condition 5 above shall be completed and a validation report by an appropriately qualified environmental engineer shall be submitted to the Planning Authority confirming that the remediation works identified within the site investigation report required in terms of Condition 5 have been carried out in accordance with the terms of the Remediation Strategy to the satisfaction of the Planning Authority.

Reason: To ensure the site is free of contamination in the interests of the safety of future users of the site.

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


That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.


That the SUDS compliant surface water drainage scheme approved in terms of Condition 8 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, and before the development hereby approved is brought into use, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.

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

Reason: In order that vehicles can enter and leave the site in forward gear and to ensure adequate parking provision and in the interests of the visual amenity of this location.

11. That notwithstanding the details shown on the approved plans BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and hedge planting along the boundaries that adjoin Manse Road,

Main Street, Park View Crescent and the Health Centre, incorporating details of the location, number, variety and size of trees and hedging to be planted;

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

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

Reason: In the interests of amenity and in consideration of the desirability of tree/hedging plantinghetention to help integrate the new development into the area.

12. That the scheme of landscaping and planting, approved under the terms of condition 1 1 above, shall be implemented in accordance with the approved timetable and shall be completed prior to the development being brought into use. Any trees, hedging or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure that the required landscaping does not fail to be established through damage or neglect.

13. That PRIOR to any works of any description being commenced on the application site, an appropriate programme of remedial works to stabilise coal mine workings within the

site shall be submitted to and approved in writing by the Planning Authority in conjunction with the Coal Authority.

Reason: To ensure that the coal mine workings within the site are stabilised in the interests of the safety of future users of the site.

14. That prior to the development being brought into use, the remediation works identified and required in terms of Condition 13 above shall be completed and a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the coal mine workings within the site are stabilised in the interests of the safety of future users of the site.

15. That should 6 MONTHS elapse between the bat potential survey dated 1 Oth September 2012 and the demolition of the existing library building a further bat potential survey shall be carried out and if potential is found a bat emergence survey shall be undertaken, the said surveys shall thereafter be submitted to and approved in writing by the Planning Authority before the demolition of the library building. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage prior to the demolition of the building.

Reason: To ensure compliance with Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and Schedule 2 of the Conservation (Natural Habitats &c.) Regulations 1994.

16. That the development hereby approved shall not commence until the necessary Footpath Diversion Order has been confirmed.


17. That within 4 weeks of the development hereby permitted being occupied a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.


Backaround PaPers:


Letter from Alan Newman, Maintenance Manager, Law House, Airdrie Road, Carluke ML8 5ER received 8'h August 2012. Letter froThDr Nicolas Dear, Newmains Health Centre, 17 Manse Road, Newmains, ML2 9AX received 9 August 201 2. Letter from Dr A W Majumdar, Newmains Health Centre, 17 Manse Road, Newmains, ML2 9AX received gth August 201 2.


Memos from Traffic & Transportation received 23rd July and 3rd August 201 2. Memo from Protective Services received fjth :rd 22nd August 201 2. Memo from Greenspace Services received 9 August 2012. Letter from the Scottish Environment Pkotection Agency received 6'h August 2012. Letter from Scottish Water received 27 Jut! 2012. Letters from the Coal Authority received 25' July'fnd 1"August 2012. Email from Scottish Natural Heritage received 11 September 201 2.


Any person wishing to inspect these documents should contact Mr Fraser Miller at 01236 632503

Report Date:

1 7th September 201 2


REPORT

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Site DescriDtion

The application site is Newmains Library and the adjoining land situated between Manse Road to the north and Main Street to the south. It is approximately 15,000sqm and currently contains the single storey library building fronting onto Manse Road, a modular building Housing Office facing Main Street, and a large open green space used for community recreation. The site is largely flat and has vehicle access from Manse Road via Park View Crescent. The site is bounded by the Fourways public house and Manse Road to the north, the Health Centre to the east with the dwellings on Park View Crescent beyond, a school on School Road to the south and by Main Street with a variety of uses associated with the industrial area and a petrol filling station to the west.

Prooosed Development

Planning permission is sought for the demolition of the existing Newmains Library and for the redevelopment of the site to erect a new community hub building accommodating a range of community facilities. These are to include a library, multi purpose hall, cafe, housing office, meeting rooms and a youth room. The large open green space will be largely retained and developed around the building in a mixture of hard and soft landscaping. The proposed building is to be of a contemporary nature, set back from Manse Road behind an area of open civic space and is fully glazed to present an open public face to Manse Road for the library. The main entrance is located in the centre of the building with a projecting canopy. The main curved walls of the building are formed in masonry with a smooth black brick with intermittently coloured glazed bricks on the south west elevation. The roof is to be dark grey tiles with roof lights and the windows are to be aluminium clad timber frame units with aluminium framed curtain walling. The floorspace of the building is to measure 918 square metres. Vehicular access is to be taken from Park View Crescent to the car park consisting of 41 spaces and a turning head. The hours of operation are to be from 8am to 10pm. As a result of the proposed building and the car park two footpaths will be required to be diverted, one linking Manse Road to Main Street and the second which runs through the parking linking onto Main Street.

Amlicant’s Suwortina Information

The applicant has submitted a Site Investigation and a Design Statement in support of the application.

Site History

No relevant site history.

DeveloDment Plan

The site is zoned as CS2 (Established Community Facilities) and L3 (Protected Open Space) in the Southern Area Local Plan 2008.

The majority of the site is zoned as RTC 1C - Neighbourhood and Local Centres with a section of the site zoned as HCFI 81 (Community Facilities) in the Finalised Draft North Lanarkshire Local Plan.

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Transportation raised no objections following the submission of amended plans revising the access position and increasing the parking provision from 28 to 41 spaces.

Protective Services have raised no objections to the application and have requested advised that the site investigation requires to be in accordance with the Council’s published guidance booklet on Contaminated Land. They have also advised that any remediation works identified will be required to be demonstrated as being completed by a validation report prior to the site being brought into use.

Greenspace have requested the submission of a bat survey prior to the demolition of the existing library building.

The Coal Authority have raised no objections subject to a condition requiring an appropriate programme of remedial works to stabilise coal mine workings within the application site.

Scottish Water and the Scottish Environmental Protection Agency have raised no objections to the application subject to the application of standard conditions relating to foul and surface water drainage.

SNH have confirmed that they are satisfied with the findings of the Bat Activity Survey.

Rewesentat ions

Three letters of representation have been received following the neighbour notification and press advertisement procedures. The objections are detailed below:

1. The proposed access would conflict with the access to the Health Centre. 2. The increased use of Park View Crescent would increase congestion at the

junction with Manse Road, which often has parked cars on either side of the road. 3. It is requested that consideration be given to a shared access with the Health

Centre and for either a mini-roundabout or part time traffic lights at the junction of Park View Crescent and Manse Road.

Plannina Assessment

In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed in terms of the local plan policies. In the Southern Area Local Plan 2008 the site is covered by Policies CS2 (Established Community Facilities and L3 (Protected Open Space). Policies CS1 (Provision of Community Facilities), CS4 (Assessing Applications for Community Facilities), TR13 (Assessing the Transportation Implications of Development and RTL11 (Bad Neighbour Developments) are also relevant. In the Finalised Draft North Lanarkshire Local Plan FDNLLP the site is zoned as RTC 1C (Neighbourhood and Local Centres) and HCFl B1 (Community Facilities).

AdoDted Local Plan:

Policy CS2 seeks to protect established community facilities by improving the quality of Council operated facilities through a programme of upgrading and refurbishment where appropriate and introducing shared use arrangements in schools and other Council operated facilities and encouraging the dual use of other Community Buildings. The current application seeks to continue the use of the site through a new shared use community facility whilst incorporating the library within the new building.

The proposal is therefore in accordance with Policy CS2.

8.3

8.4

8.5

8.6

8.7

Policy L3 seeks to protect from development formal and informal public and private open spaces by resisting proposals which would adversely affect such spaces. Where loss of open space is required to facilitate regeneration initiatives, there is a requirement to provide compensatory space of an appropriate scale and quality in the area. The proposed building is largely within the area covered by CS2, however the proposed reconfigured access road and car parking area lies within the area zoned as Policy L3. In order to compensate for the loss of some of this area a mixture of soft and hard landscaping is proposed at the front of the building to create a pedestrian civic space linking Manse Road to Main Street and a landscaping scheme is to be secured by means of a planning condition with regards to the site boundaries. The proposed building is considered to integrate well the wider area of open space and the loss of part of the area for the purposes of parking is not considered to be detrimental to the wider setting. The application therefore is considered to be acceptable when assessed against the aims of Policy L3.

Policy CS1 seeks to enhance the range and quality of Community Facilities within the plan area through supporting the provision of Community Facilities where proposals accord with Policy CS4. In this respect the proposed Community Hub Building, is an integral part of the regeneration strategy for Newmains, providing local amenities and community facilities at the heart of Newmains. It is therefore considered that the proposals are in accordance with the aims of Policy CS1.

Policy CS4 (Assessing Applications for Community Facilities) details criteria against which new Community Facilities will be assessed. These include: the extent to which proposals meet a shortfall in the provision of Community Services; the suitability and impact of the proposal on the character and amenity of adjoining properties and the surrounding environment; the provisions made for vehicular access, parking and impacts on pedestrian safety and traffic circulation; and detailed design elements. As outlined in paragraph 8.4 above, the proposed development is to meet a shortfall of community facilities in the area, through the provision of a shop, cafe, flexible office space and meeting rooms to aid in the regeneration of Newmains.

The site shape, ground conditions and the need for the continuous operation of the library have constrained the site layout, however careful consideration has been applied to accommodate the development whilst still paying due regard to the site's multiple frontages given its visually prominent position. To accommodate the range of accommodation required the south gable has had to be located close to the Main Street frontage. As a result part of the existing avenue of trees along Main Street will have to be removed, however the building will be set back 7 metres from Main Street and preserves the existing pavement and a grass verge. The building is to be set well back from Manse Road to allow continuous operation of the Library. The area occupied by the present Library will become a civic square formed in hard landscaping with some formalised tree planting. Pedestrian access to the building is on the west elevation beneath an extended canopy. The building is an irregular shape and reflects the shape of the site. It has a pitched roof has measuring 6.2 metres to the eaves and 11 metres to the ridge and a floorspace of 918 square metres. As detailed in paragraph 2.1 above, the proposed building is to be of a contemporary nature. The external walls of the building are to be formed in a smooth black brick with intermittently coloured glazed bricks on the south west elevation. The roof is to be dark grey tiles with roof lights and the windows are to be framed in aluminium.

The siting of the building close to Main Street and well back from Manse Road is different from the existing pattern of development in the area. However there is no consistent building line on Main Street and the building will still be set back from the public road. The civic square to be formed on Manse Road will introduce a feature of some landscape quality to the area as well as giving the new facilities a notable setting within the wider streetscape. The building will be higher than those adjacent to the site, this is necessitated by the site constraints. However, at the Main Street side

it is situated sufficiently distant from the adjacent buildings (the Health Centre and Fourways Public House) that its impact will be lessened and the civic square on Manse Road will help minimise the prominence of the building. Furthermore the building is of some architectural merit and the proposed hedging and tree planting around the site boundaries to help soften the impact of the building. Although there is a variety of building heights, materials and designs in the area the design of the building and the pallet of materials proposed differ markedly from the existing buildings in the vicinity. It is acknowledged that the building seeks to be viewed as a landmark in the area and does not seek to merge in with the existing buildings. On balance it is considered that the impact on the character and amenity of the area is acceptable, the development will not adversely affect neighbouring properties and will give due prominence to the proposed community facilities. It should be noted that the application is by the Newmains Community Trust whose members include local residents who have had a close involvement in the design process. A planning condition is proposed to secure the submission of finalised finishing materials prior to the start of works on site. Roads, access and parking are also considered under Policy TR13 and are discussed in detail in paragraph 8.8 below. In light of the above, the proposal is held to comply with policy CS4.

8.8 Policy TR13 states that the Council will take account of criteria including: the impact of the development on road traffic circulation/road safety and the provision made for access, parking and vehicle manoeuvring. Transportation have raised no objections to the development. Adequate parking and manoeuvring areas are proposed and pedestrian access will continue to be well catered for within the site. Given the requirement to divert two footpaths within the site a Footpath Diversion Order under Section 208 of the Town and Country Planning (Scotland) Act 1997 will be progressed separately should the application be approved. It is therefore considered that the proposals are acceptable in terms of the transportation requirements of policies CS4 and TR13.

8.9 Although the development was advertised under Article 12(5)(b) as a Bad Neighbour development by virtue of the proposed hours of operation, it is considered that the proposal raises no issues in terms of policy RTL 11 (Bad Neighbour Developments) as the impact of the proposal on the character and amenity of adjoining properties and the surrounding environment will be acceptable.

Finalised Draft North Lanarkshire Local Plan

8.10 A material consideration is the Finalised Draft North Lanarkshire Local Plan (FDNLLP) which zones the site within RTCI C (Neighbourhood and Local Centres) and HCFl B1 (Community Facilities). This zoning reiterates that of the Southern Area Local Plan 2008 and, as such, coincides with the assessment in paragraph 8.2 above.

8.1 1 The FDNLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). ). Due to the limited nature of the development, Policies DSP 1 and 2 are not relevant whilst DSP 3 and 4 will inform a development management assessment of the proposed development. Policy DSP 3 refers to the economic, social, or environmental impact of proposals on the infrastructure of the community, while policy DSP 4 states that development will only be permitted when design is of a high standard. Given the location of the site at the centre of the existing community facilities and the mixed use nature of the wider area, the principle of the development is considered acceptable and it is considered that it will not have an adverse impact on the amenity of the area. With reference to DSP 3, the proposal is considered to integrate well with the mixed use nature and design of the area and is considered to be acceptable. Regarding DSP 4, the design and proposed layout are acceptable as detailed above in paragraph 8.7. It is considered, therefore, that the proposal is complies with policies RTC lC, HCFl B1, DSP3 and DSP4 of the Finalised Draft North Lanarkshire Local Plan.

Consultations:

8.12 The consultation response received from Transportation has been discussed above at paragraph 8.8. With regards to the comments received from Protective Services and the Coal Authority planning conditions are proposed to secure the submission of a Site Investigation and Remediation Strategy. The Bat Activity Survey requested by Greenspace Services has been submitted showing no potential for or presence of bats, however a condition is proposed to secure a further survey should 6 months elapse from the initial survey and the demolition of the existing library building, as a result of the existing library being required to remain in situ until the completion of the proposed development.

Rewesentations:

8.1 3 In response to the objections raised:

1. The correct junction spacing of 25 metres has been applied in this instance between the health centre access and the proposed new access. Transportation advised that there are no objections to this junction spacing.

2. Transportation raised no objections to the increased use of Park View Crescent. 3. The nature of the development and traffic associated with the development would

not justify the formation of a mini-roundabout or part time traffic lights at the junction of Park View Crescent and Manse Road.

9. Conclusions

9.1 In conclusion having due regard to the provisions of the Development Plan, the proposals are considered to be acceptable and to comply with Policies CS2, L3, CS1 , CS4, RTLI 1 and TR13 of the Southern Area Local Plan 2008 and policies RTC 1 C, HCFI 81 and DSP 3 and 4 of the Finalised Draft North Lanarkshire Local Plan. The requirements of consultees can be suitably met through the imposition of conditions and it is considered that the proposals will represent a good quality development which will acceptably relate to surrounding land uses, Notwithstanding the objections received it is therefore recommended that planning permission be granted subject to conditions.

Application No:

12/00784/FUL


Change of Use of Public Open Space to Private Garden Ground and Erection of Fence

Site Address:

Ground West Of 61 Monroe Drive Birkenshaw Uddingston

Date Registered:

13th August 201 2

Applicant: Mr Robert Scanlan 61 Monroe Drive Uddingston


Agent: N/A


Ward: Representations: 01 3 Thorniewood Robert Burrows, James McCabe, Duncan McShannon,

1 letter of representation received.

Recommendation:


The development meets the criteria set out in the residential policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. The proposed for change of use would not result in an unacceptable impact upon the surrounding residential area.


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That, except for the requirements of condition (7) below and as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number 421 63.




That within 4 weeks of the development hereby permitted being brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.


That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 201 1 no development shall take place within the extended garden ground area covered by this planning permission, other than that expressly authorised by this permission.

Reason: To enable the Planning Authority to retain effective control and to retain the open aspect of this site.

That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt no walls or fences shall exceed 2 metres in height. Thereafter any walls or fences erected shall be implemented as per the approved details.


That notwithstanding drawing 42163, the area hatched orange on the approved plans shall be maintained as open plan and nothing exceeding 1.05 metres in height shall be planted, placed or erected or allowed to grow within this area.

Reason: In order to maintain visibility from the adjacent driveway in the interests of vehicular and pedestrian road safety.

Backaround PaDers:


Letter from 1 Lomond Road, Birkenshaw, Uddingston received 23rd August 201 2


Memo from Traffic & Transportation received 1 7'h August 201 2 Letter from Scotland Gas Networks received 04'h September 201 2 Addendum to Traffic and Transportation Response Received 07'h September 201 2 Memo from Pollution Control dated loth September 2012


Any person wishing to inspect these documents should contact Mr Michael Kordas at 01236 632649

Report Date:

1 1 th September 201 2


REPORT

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Site DescriPtion

The application site lies immediately to the rear of 61 Monroe Drive, Birkenshaw, Uddingston, a single storey dwellinghouse. The land is currently a small grassed area of open space amounting to some 53.5 square metres.

Prooosed Develonment

The applicant proposes to purchase this area of land for use as private garden ground for 61 Monroe Drive. The land will be demarcated by a 2 metre high timber fence with a pedestrian access gate onto Lomond Road.

Amlicant’s Sumortina Information

The applicant has provided a response to the representation detailed below, The applicant indicates that he does not use Lomond Drive for access, parking or for bin collection and that he has a driveway that is adequate for parking.

Site History

None relevant,

DeveloPment Plan

The site is designated under policy HSG 7 (Established Housing Areas) in the Southern Area Local Plan (2008).

The site is designated under policy HCF 1 A (Residential Amenity) in the Finalised Draft North Lanarkshire Local Plan (2009).

Consultations

The Transportation Service has no objection to the proposal subject to a visibility splay of 2.5m x 20m being maintained at the driveway of number 1 Lomond Road.

Pollution Control have raised no objections but make comments relating to any contamination that may be found.

Scotland Gas Networks have no objection to the proposal.

Representations

One letter of representation was received from 1 Lomond Drive. The points raised may be summarised as follows;

A) Concerns that the sight lines from the driveway of 1 Lomond Road would be obstructed by the proposed boundary fencing.

B) The lack of access from 61 Monroe Drive to Lomond Road would lead to on street parking further harming sightlines from 1 Lomond Road.

C) In the past bins have not been uplifted by the occupants of 61 Monroe Drive, leading them to block the driveway of 1 Lomond Road.

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8.2

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8.4

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10.1

Plannina Assessment

Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and can be assessed against the local plan. In this instance the Southern Area Local Plan 2008 is relevant.

AdoPted Local Plan

Policy HSG 7 (Established Housing Areas) seeks to protect the established character of existing housing areas by opposing development incompatible with the residential setting or adversely effecting local amenity. In principle the use of the land for private garden ground is considered compatible with the residential setting of the area. In this case the land in question is a small area of grass. It is too small for any recreational use and contains no trees or formal landscaping. As the adjacent property has enclosed a similar piece of open space and the fence line created by this would be maintained by the proposal, the overall effect on the streetscape is minimal. It is therefore considered that the change of use would not adversely affect the character or amenity of the area.

Finalised Draft North Lanarkshire Local Plan (FDNLLP1

The emerging Local Plan is a material consideration. Policy HCF 1A is the equivalent designation in the FDNLLP and therefore the proposal is considered to accord with this policy. Policy DSP 4 (Quality of Development) is relevant and seeks to ensure that developments are well designed and do not have an adverse impact on neighbouring amenity for the reasons given in paragraph 8.2 above the proposal is considered to satisfy policy DSP 4.

In response to the issues raised in the letter of representation I would respond as follows;

A) A condition is proposed to ensure that visibility is maintained as requested by Transportation.

B) The applicant’s property is already served by a driveway with parking provision.

C) Concerns regarding failure to uplift bins is not a material planning consideration.

The applicant has agreed to set the proposed fence back to accommodate Transportation’s comments regarding visibility.

Regarding Pollution Control’s comments relating to possible contamination, appropriate advisory notes would be appended to any decision notice.

Conclusions

In conclusion, it is considered that the proposed development accords with the adopted Southern Area Local Plan (2008) and Finalised Draft North Lanarkshire Local Plan (2009) in that it will not adversely affect the character or amenity of the surrounding residential area or result in an unacceptable loss of local open space provision. It is therefore recommended that planning permission is granted, subject to conditions.

Application No:

12/00785/AMD


Amendment to Planning Consent 08/01 11 3/MIN for Waste Disposal Operations to Include Importation of Non-Hazardous Household Waste for Recycling and Disposal of Non- Recyclable or Non-Recoverable Materials in the Existing Void, Alterations to the Phasing of the Works and Changes to the Final Restoration Contour Levels.

Site Address:

Mossband Farm Motherwell Road Carfin Motherwell ML1 5ST

Date Registered:

8th August 201 2

Applicant: T.0.M Waste Solutions Mossband Farm High Street Newarthill MLI 5ST

Application Level: Major Application

Agent: Mr lain McDonald Grontmij Spectrum House 2 Powderhall Road Edinburgh EH7 4GB


Ward: Representations: 01 7 Motherwell North Shahid Farooq, Annita McAuley, Helen McKenna, Peter Nolan,

No letters of representation received.


Reasoned Justification: The proposed development is considered to be in accordance with the Southern Area Local Plan 2008, North Lanarkshire Local Plan and the principles of the wider European and National policy and guidance. The proposed amendment to the existing operations on site can be incorporated without significant impact on the site and surrounding area and measures are included to ensure satisfactory restoration of the site.

Note to Committee:

If granted the planning permission will not be issued until a revised Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997, a revised Bond of Caution and a revised Agreement under Section 96 of the Roads (Scotland) Act 1984 have been concluded with the developer.

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1 2/0078 5/AM D T.0.M Waste Solutions Mossband Farm, Motherwell Road, Carfin, Mothetwell Amendment to Planning Consent 08D1113IMIN for Waste Disposal Operations t o Include Importation of Non-Hazardous Household Waste

for Recycling and Disposal of Non-Recyclable or Non-Recoverable Materials in the Existing Void, Aterations to the Phasing of the Works and Changes to the Final Restoration Contour Levels.

N

A Produced by Planninn and Divelopment Environmental sera North Lanarkshire C Flaming House 2 Tryst Road Cumbernauld 067 I J W


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That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented strictly in accordance with the information and plans submitted within the Supporting Statement dated July 2012, the appended Environmental Statement dated July 2008 as amended in the addendum dated October 2008, except as may be amended by the terms of the approval hereby given, and shall omit no part of the operations provided for therein. Any amendments to the methods or operational activities must have the prior written approval of the Planning Authority.

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

That all mineral extraction and waste infill operations on site shall cease by 31" January 2024 and the site shall be fully restored no later than 31" January 2025.

Reason: To accord with the terms of the planning application and in order that the site is timeously reinstated.

That the recycling operations approved within the Materials Recycling facility and the associated concrete pad storage areas and all associated heavy goods vehicle movements to and from the site shall operate between the hours of 07.00 and 19.00 Monday to Sunday inclusive (excluding national public holidays), and there shall be no such operations at any other times. For the avoidance of doubt all other heavy goods vehicle movements to and from the site associated with all excavations and associated operations, crushing and screening shall still be limited to between the hours of 07.00 and 19.00 Monday to Friday inclusive (excluding national public holidays) and 07.00 and 13.00 on Saturdays.

Reason: In the interests of amenity.

That with the exception of works of an emergency nature or essential maintenance, servicing and testing of plant and equipment, no work shall take place outwith the hours stated in condition 3 above, without prior written consent of the Planning Authority.


The maximum amount of waste material accepted at the site shall not exceed 350,000 tonnes per annum of non-hazardous residual household, commercial and industrial waste for recycling. A written record shall be kept by the site operator of the amounts of waste accepted and it shall be made available to the Planning Authority and SEPA within 7 days of a written request from either party.

Reason: To ensure impacts arising from the operations of the materials recycling facility do not cause unacceptable disturbance to local communities.

That only non-hazardous commercial and industrial waste and non hazardous residual household waste shall be accepted for processing at the site. No other categories of waste shall be retained on site, processed or used for infilling and any waste received at the site that does not comply shall be removed in accordance with the protocol for the handling of non-conforming loads detailed in the Supporting Statement and original EIA and approved within the PPC permit by SEPA.

Reason: To ensure the satisfactory operation of the site.

7. Deliveries to the site shall be inspected prior to unloading. All unloading activities shall be supervised by the site operator to ensure that only waste which falls into the permitted categories of waste are accepted for retention on site. Any loads which fall outside those permitted categories of waste shall be rejected or sent to the quarantine area and removed off site within 2 working days.

Reason: To ensure satisfactory operation of the site.

a. That for the avoidance of doubt all waste imported on site shall be stored and processed within the existing MRF building and only recyclable material for transport off site shall be placed in the external bays to the rear of the facility.

Reason: To ensure satisfactory operation of the site.

9. That the Materials Recycling Facility shall incorporate fast acting screen shutters, details of which shall be submitted to and approved in writing by the Planning Authority prior to construction of the MRF.


10. That unless agreed otherwise in writing by the Planning Authority, all measures approved under the terms of condition 9 above shall be undertaken at all times to ensure that any litter arising from the operations does not leave the site. Such measures shall include ensuring that the fast acting screen shutters of the MRF are maintained in good operational order at all times and that the site is regularly inspected and provision is made for any litter present outside the MRF building and within the site to be collected and returned to the MRF building.

Reason: To minimise nuisance caused by windblown litter.

11. That unless agreed otherwise in writing by the Planning Authority, all measures employed to ensure that operations associated with the development hereby permitted do not give rise to any malodours shall be in place at all times. Such measures shall include but not necessarily be limited to the following:

i) The removal of any malodorous material from the site;

ii) The application of masking agents to neutralise any malodours.

iii) The regular maintenance of abatement plant such as extraction fans; bag filtration and bio-filtration.

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

12. In the event that the use of the site for the importation of waste should cease for a period in excess of three months then, within one month of a written request from the Planning Authority, the site shall be cleared of all stored waste and recycled materials.

Reason: To provide for the beneficial use and appearance of the land after the use hereby permitted has ceased.

Vehicular Access and Related Matters

13. That vehicular access to and from the site shall be restricted to the existing access onto the B7066 Motherwell Road as illustrated on the approved plans.

Reason: In the interests of road safety.

14. That all vehicles leaving the site carrying deleterious material shall be fully covered by haps or sheets to the satisfaction of the Planning Authority.

Reason: To minimise dust emissions and to prevent material falling onto the public roads in the interests of amenity and road safety.

15. That prior to commencement of development, a detailed restoration plan based on figure MB-PPC-19 shown in the Supporting Statement shall be submitted to and approved in writing by the Planning Authority. The Plans and details shall include, but not be limited to:

i) a full description of the restoration proposals in the form of a method statement covering all works;

ii) a detailed site layout plan including all existing site features to be retained and all proposed works including fencing, hedging, planting, wetlands, footways, gates and crossing points;

iii) specifications for footpaths, gates and styles;

iv) details of reinstatement of any settlement ponds, drains and watercourses disturbed by works on site, accompanied by appropriate plans;

v) details of soil analysis, soils replacement (in the correct order above the overburden/infilling with due regard to the grading of he surface and provision of natural drainage), drainage (including the insertion of field drains as required), vegetation cover, hedging, shelterbelts and any other works;

vi) plans showing existing and proposed contour lines which shall include information of surface levels over the whole site so that it blends satisfactorily with the surrounding landscape, drains naturally, and does not retain any pools of surface water;

vii) the line of, and final surfacing of the re-instated right of way and informal footpath along the eastern boundary;

viii) details of all areas of woodland or tree planting proposed, including full details of all works such as specifications, species, ground preparation, drainage, chemical treatments and protection methods.

ix) details for the formation of a network of ponds and habitat corridors;

x) as indicated in the submitted indicative restoration plan, the detailed restoration scheme shall include the treatment of those areas within the site that have been disturbed but not yet been fully restored;

xi) a timetable of the implementation of the restoration works

The restoration scheme shall thereafter be implemented in accordance with the timescales and details in the approved scheme to the satisfaction of the Planning Authority.

Reason: To ensure that an acceptable restoration scheme is established for the entire site.

16. That the restoration of the site shall proceed concurrently with the work of excavation, and shall be completed in accordance with the restoration programme approved under condition 15 above, to the satisfaction of the Planning Authority.

Reason: In the interests of proper land management and public safety.

17. That within 3 months of the completion of the restoration of the site required in terms of conditions 15 and 16 above, all fixed equipment, plant and buildings associated with the mineral extraction operations and not required for the continued operation of the MRF shall be removed from the site to the satisfaction of the Planning Authority.

Reason: In the interests of the long term amenity of the restored site.

18. That any landscaping and woodland planting approved under the terms of condition 15 above, which fails to grow, dies, is damaged or destroyed during the periods of restoration or aftercare shall be replaced during the following planting season, to the satisfaction of the Planning Authority.

Reason: In the interests of the long term amenity of the restored site.

Aftercare

19. That before development commences on site, a 5 year aftercare scheme for areas defined in the restoration plan shall be submitted to the Planning Authority for approval, and the scheme shall specify such steps as may be necessary to bring the land to a standard suitable for agricultural use and shall include cultivating, fertilising following soil sampling and analysis, watering, draining and otherwise treating the land, and a timetable for implementation.

Reason: In the interests of sound land management.

20. That the aftercare scheme approved under the requirements of condition 19 above shall be carried out in accordance with the approved timescale to the satisfaction of the Planning Authority.


Previous Consent

21. Other than agreed under the terms of conditions 1 to 20 above, all conditions of Planning Permission No. 08/01 113/MIN granted 2"d July 2009 remain applicable to this permission. For the avoidance of doubt this includes all ongoing requirements contained under the headings which include soil stripping, noise, blasting, dust, environmental protection, restoration, aftercare and general requirements.

Reason: In order that the Planning Authority retain control of the activities in the interests of amenity and environmental protection.

Backaround PaDers:


Traffic & Transportation received 1 6'h August 201 2. Environmental Health (including Pollution Control) e-mail received !jth September 201 2 Greenspace received 27*h August and 3'' September 2012 Scottish Natural Heritage received 4th September 2012 Scottish Water received 27'h August 2012 Scottish Environment Protection Agency received 6th September 201 2 The Coal Authority received 24th August 201 2 Historic Scotland received 1 6th and 2gth Aupst 201 2 Waste Management (strategy) received 28 August 2012


Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01 236 632496

Report Date:

6th September 201 2

APPLICATION NO. 12/00785/AMD

REPORT

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Site DescriPtion

The application site comprises the current waste management facility, mineral extraction area (void), plant and offices at Mossband Farm, Motherwell Road, Newhouse. The site is located approximately 700m east of Newarthill, south of the B7066 Motherwell Road. The site covers approximately 51 hectares of which the extraction area is approximately 11.8ha, with approximately 11.6ha utilised for the Material Recycling Facility (MRF), hardstanding areas, storage areas, water treatment and haul roads, The site incorporates peripheral screen bunding along the B7066 Motherwell Road, Biggar Road and the A73 Carlisle Road and the Tillian burn lies to the south of the site.

Prooosed DeveloDment

The application proposes to amend the waste disposal operations on site to include the importation of residual household waste for recycling, and final disposal on site of non-recyclable or non-recoverable materials in a non-hazardous landfill. The proposed amendments will not result in the current processing capacity of the MRF of 240,000 tonnes per annum being exceeded. The waste streams being processed would alter to include non-hazardous household waste which would be processed in the existing MRF facility to remove recyclable materials, with the remainder being disposed of in the existing void area. The proposed amendment would not alter the annual permitted landfill amount, nor the total tonnage of material permitted for landfill on site. The current PPC permit for waste disposal operations is 175,000tpa which is half of the originally consented 350,000tpa allowed under application 08/01 13/MIN and falls short of the existing facility capacity. In addition the proposals include alterations to the MRF building with the addition of a bio-filtration system comprising extraction fans, bag filtration and bio filtration. The proposals also require amendments to the landfill area to include an engineered area for the disposal of the additional waste stream and revisions to the finalised restoration contours of the site. The expected date for completion is 2024 and is 6 years later than that envisaged by the original approved application.

Amlicant's Sumortincl Information

An Environmental Appraisal was submitted which describes the environmental effects of the proposed amendment application including a supporting statement and appendices including the original Environmental Statement (ES) (Application 08/01 1 13/MIN), Gas Modelling, Hydrogeology, Odour Impact Assessment, Amenity Risk and Impact Assessment, Pre-Application Consultation and Revised Drawings and Phasing Details.

Site History

Relevant planning history for the site consists of the following:

The application site has a history of underground and opencast mineral workings dating back to June 1952. Planning permission was previously granted for opencast coalworking operations (Ref. M/2/90) on 31 July 1991 subject to a Bond of Caution. Three subsequent amendment applications were submitted and approved. The site operators subsequently went into liquidation and despite lengthy negotiations the site was only restored to a very limited degree. The Bond proved to be false and consequently the site remains in a derelict state with a large void present. Committee approval was given on 7'h June 2000 for a planning application for

the formation of a clay storage facility and removal of the clay by lbstock for use at their Tannochside brick factory. This application related to a 4.4 ha site at the north-east part of Mossband Farm. Planning permission was not issued due to the inability of lbstock to deliver to the Council a Bond of Caution to guarantee the restoration of this part of the site. In 2005 the Council became aware of unauthorised activities at the site. On 29 June 2005, a planning application was submitted (Ref. S/05/01091/MIN) by Lothian Investments Ltd for the entire Mossband Farm site for the extraction and storage of brick making clay (220,000 m3) and restoration of land. This application was subsequently withdrawn. In January/February 2006 the site changed hands and unauthorised activity escalated with significant amounts of materials being imported to the site. In August 2006 an Interim Interdict was granted against Fincairn Ltd and anyone acting on their behalf which prohibited any further clay extraction, clay removal, rock crushing or extraction, and tipping of material, The present applicants purchased the site in August 2007, and closed the site pending the submission and determination of application 08/01 13/MIN for extraction of coal, rock & fireclay, importation of non hazardous commercial & industrial waste (for recycling) & infilling of void and erection of associated recycling facility, plant & offices which was approved 2nd July 2009 with current operations commencing on site from that period.

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4.2 The current operators have submitted subsequent applications including:

08/01 395/FUL Erection of Perimeter Fence approved 21 st October 2008. 09/00317/FUL Erection of Office Block approved 21" May 2009.

0

0 09/01418/ADV for 3 No. Internally Illuminated Signage approved 1 5'h January 201 0

0 10/01036/FUL Proposed Variation to Condition 7 to Extend Operating Hours of MRF Building and Associated Storage Areas to 07:OO to 19:OO on Saturdays and Sundays approved 1 7'h November 201 0 11/00180/FUL Construction of a Retaining Wall Adjacent to a Recycling Facility approved 21 st April 201 1. 11/01243/EIASCR Screening Opinion for Amendment to Waste Disposal Operations on Slte to Include Reception of Household Waste for Recycling. 12/00011/PAN Proposed Amendment to Waste Disposal Operations on Site to Include a Wider Range of Non-Hazardous Waste Streams.

0

0

0

5. Development Plan

5.1 The site is zoned as ENV6 (Green Belt) in the Southern Area Local Plan 2008.

5.2 The application site is zoned as NBE 3A Assessing Development in the Green Belt in the North Lanarkshire Local Plan.

6. Consultations

6.1 The following consultees have no objection to the proposed development:- Transportation, Waste Management (Strategy), Greenspace, Protective Services, Historic Scotland, SNH, Coal Authority

6.2 A summary of the comments from the remaining consultees are as follows:-

i> SEPA have no objection to the proposed development but comment that the proposals will require the applicant to apply for a variation of their current PPC permit and based on the information submitted SEPA are likely to approve such a variation. SEPA also comment that the proposed changes to the operations on site will increase the risk of odours, however this will be regulated under the varied PPC permit.

7.

7.1

a.

8.1

8.2

8.3

8.4

8.5

Following the neighbour notification and press advertisement procedures, no letters of representation have been received.

Plannina Assessment


The Glasgow and Clyde Valley Strategic Development Plan (SDP) outlines that provision of the appropriate infrastructure to meet the Zero Waste Plan targets will support the Spatial Development Strategy. Development proposals for waste management facilities will generally be acceptable in industrial and storage or distribution locations and at existing waste management facilities particularly where there exists the opportunity to maximise the potential for the reuse of waste heat through co-location with potential heat users. The proposed amendment to the current waste facility is considered to be in line with the Spatial Development Strategy and supports its spatial role and function given its location at a current waste facility. In line with the SDP the application still requires to be assessed under the terms of both the adopted Southern Area Local Plan 2008 and the North Lanarkshire Local Plan.

Southern Area Local Plan 2008

The site is identified as Policy ENVG (Green Belt) in the Southern Area Local Plan (2008). Policies MIN6 (Restoration and Aftercare Bonds); MIN9 (Assessing Applications for Landfill Facilities); MINI0 (Facilities for Recycling); MINI 1 (Proposals for Waste Disposal Facilities); TR13 (Assessing the Transportation Implications of Development); ENV 1 (The Environment); ENV5 (Assessment of Environmental Impact); ENV9 (Flooding); ENVI 3 (Biodiversity); ENVI 4 (Nature Conservation); ENV21 (Archaeology) are also relevant to the assessment of this application.

Policy ENVG (Green Belt) states that the Council will safeguard the character and function of the Green Belt and will not normally permit development unless justified in terms of Green Belt policy. The policy states that mineral extraction may also be acceptable where proposals accord with other relevant Local Plan policies. In this case the proposal relates to the amendment of waste disposal operations at an existing minerals extraction and waste disposal site and therefore the proposals are considered to be in accordance with policy ENV6.

Policy MIN9 (Assessing Applications for Landfill Facilities): relevant criteria include environmental implications; impact on the amenity of nearby communities; whether the proposals allow for the long term improvement to the appearance and function of the site; working methods; and traffic. The accompanying Supporting Statement has satisfactorily addressed the criteria above as the applicant has shown that the proposals will improve the landscape quality of the currently derelict site once restoration is complete. Furthermore the development will have a minimal impact on the visual amenity of the area given the existing landscape mitigation, bunding and planting on site. The proposed development will have no significant impact on nature conservation or watercourses and the impact of the proposals on nearby communities are considered to be suitably mitigated by the proposals. The proposed development and subsequent restoration will allow for the long term improvement to the appearance and function of the site thus providing maximum community benefit in the long term. The proposed working methods outlined are considered acceptable and the Supporting Statement has also satisfactorily considered the cumulative

8.6

8.7

8.8

8.9

8.10

8.1 1

impact of the development in terms of other similar operations in the area. The proposed development is therefore considered to be in accordance with the criteria set out in Policy MIN9. The Transportation issues are considered in section 8.9 below.

Policy MIN10 (Facilities for Recycling): relevant criteria include: convenience to public; visual amenity; impact on local residents; and traffic. The criteria outlined have been assessed in paragraph 8.5 above and the proposed development is therefore considered to be in accordance with the criteria set out in Policy MIN10.

Policy MIN 1 1 (Proposals for Waste Disposal Facilities): relevant criteria include; convenience to waste producers; visual amenity; impact on local residents; traffic; requirement for landfilling; and impact on the natural and built environment. The criteria outlined have mostly been assessed in paragraph 8.5 above. In terms of convenience for producers it is considered that the submitted Supporting Statement has established that the facility is ideally located to service need for waste producers in the local area and wider Glasgow and Clyde Valley area. The proposed development is therefore considered to be in accordance with the criteria set out in Policy MIN11.

Policy MIN6 (Restoration and Aftercare Bonds) requires minerals and waste disposal applications to be supported by a Bond for restoration and aftercare. The applicant has indicated that they will enter into a revised Section 75 agreement and already provide a bond to cover the restoration of the site. The proposals therefore accord with policy MIN6.

In assessing the transport implications of development, Policy TR13 applies. This policy requires assessment of the proposal against various criteria including: the level of traffic generated; the impact of the development on road traffic circulation and road safety; and provisions made for access, parking and vehicle manoeuvring. As indicated at paragraph 6.1 above Transportation have no objections to the proposed amendment application. The applicant will be required to enter into a revised agreement under section 96 of the Roads (Scotland) Act 1984 to ensure adequate maintenance of the adjacent B7066. The proposals are therefore considered to be in accordance with policy TR13.

Policy ENV1 (The Environment) supports sustainable development by seeking to maintain and enhance the quality of the environment in the long term interest. The mitigation methods already in place and the additional measures outlined in the Supporting Statement are considered to minimise any significant adverse effects that the proposals will have on the area. Furthermore the revised restoration scheme submitted will ensure the environmental improvement of a site and restoration of the area back to agricultural land. The proposals are therefore considered to accord with policy ENV1.

Policy ENV5 (Assessment of Environmental Impact) sets criteria for assessing the environmental impact of proposed development. These include; suitability of the proposal to the character of the area in which it is set; the landscape and visual impact of the proposal; the extent of traffic generation, noise, dust, pollution and flooding risk; the loss of natural habitats and protected species; the extent to which derelict land is regenerated; and the need for specific measures to ensure satisfactory restoration of the site. Having assessed the proposals and the submitted Supporting Statement and in view of the consultation responses detailed above, it is considered that the amended operations will have a minimal impact and thus the proposed development is suitable to the character of the area given that it constitutes amendments to an already established mineral extraction and waste disposal site. Having consulted Pollution Control Section it is noted that the Supporting Statement has satisfactorily addressed the odour, noise and dust issues affecting the site. In terms of flood risk and pollution SEPA have offered no objections to the proposed development and drainage matters are covered by existing conditions. The proposals

include sufficient details to ensure satisfactory restoration with agreement to provide an amended section 75 agreement and bond. The proposals therefore accord with policy ENVS.

8.12 Policy ENVS (Flooding) indicates that where development is proposed in areas with a history of, or potential for flooding, the Council will require a statement from the applicant showing measures to ameliorate the potential effects of flooding at the site or elsewhere as a result of the development. The submitted Supporting Statement has adequately covered all drainage and flooding matters and SEPA have offered no objections to the proposed development. The application is therefore considered to accord with policy ENVS.

Policy ENV13 seeks to maintain and enhance the nature resources of the plan area by the protection of habitats, species and natural features which are vulnerable and/or specifically protected, and by a requirement to take account of the needs of wildlife where new development is proposed. Having consulted SNH and Greenspace, they have indicated no objections to the proposals. The proposed amendments are considered to have no significant impact on any species located on or adjacent to the site and existing conditions are in place to minimise the effects of the development on indigenous species at the site. It is also considered that the revised restoration scheme will represent a significant improvement in the overall natural habitat of the site once fully restored. The proposals are therefore considered to accord with policy ENV13.

8.13

8.14 Policy ENV21 indicates that the Council will not normally allow development which would have an adverse impact on archaeological sites and industrial archaeological resources and their setting. The West of Scotland Archaeology Service previously requested a requirement for an archaeological watching brief which is covered by a recommended condition on the original consent and would apply to the amendment application. The application therefore accords with policy ENV21.

8.15 On balance, it is considered that the proposed development is acceptable and accords with the Development Plan and should therefore be approved unless there are other material considerations that indicate otherwise.

Other Material Considerations

North Lanarkshire Local Plan

8.16 Policy NBE 3: Assessing Development in the Green Belt and Rural Investment Area provides that the Council will protect the character and promote development in the Rural Investment Area through restricting development to acceptable types and operating assessment criteria. The relevant acceptable types of development in the Green Belt include opencast coal extraction and other appropriate rural uses. In addition proposals are required to demonstrate that they minimise any adverse environmental impacts, do not pose undue infrastructure implications, have a specific locational need, be of a suitable scale and form for the location and include high quality landscape enhancement of the site. Having assessed the proposals and the submitted Supporting Statement and in view of the consultation responses detailed above, it is considered that:-

* The proposed development relates to an amendment to existing waste disposal operations at an existing opencast site and is therefore considered to be an appropriate use in this particular instance. The submitted Supporting Statement as outlined in paragraph 8.11 above has demonstrated that the proposed development will not cause any significant negative environmental impacts. Having examined the Supporting Statement and consulted Transportation it is considered that the proposed development does not pose any undue

0

0

infrastructure implications and can be accommodated at the proposed site without detriment to the surrounding area. In terms of locational need it is accepted that the proposed development is an amendment to the existing waste operations on site and as such the siting of the proposals has already been established as acceptable by the previous planning consent. It is considered that the proposals are of a suitable scale and form for the location and the amended proposals include a detailed restoration scheme for the overall enhancement of the site once operations have ceased.

0

Therefore taking account of the assessment criteria above the proposed development is considered to be in accordance with policy NBE 3.

8.1 7 Policy EDI 3 Assessing Economic Development and Infrastructure Proposals outlines that applications for waste management facilities will be supported when they are located within an existing or previous waste management facility, deliver additional capacity as required in the Zero Waste Plan Annex B, comply with wider EU and national waste policy and guidance, show consideration of sustainable transport of waste. Having assessed the proposals and the submitted Supporting Statement and in view of the consultation responses detailed above, it is considered that:-

* The proposed development relates to an amendment to existing waste disposal operations at an existing opencast and waste management facility. The development is assessed in terms of the Zero waste plan and wider EU and national policy in paragraphs 8.20 to 8.25 below. As indicated at paragraph 6.1 above Transportation have no objections to the proposed amendment application. The applicant will be required to enter into a revised agreement under section 96 of the Roads (Scotland) Act 1984.

It is concluded that the proposed development is acceptable with regard to each of the criteria listed above and therefore in accordance with policy EDI 3.

8.1 8 The NLLP also requires proposed developments to be assessed against DSP policies including DSP 3 (Impact of Development) and DSP 4 (Quality of Development). It is considered that the development would comply with these policies as outlined in the sections above. On balance, it is considered that the proposed development accords with the emerging local plan.

European and National Policv and Guidance

The revised EU Waste Framework Directive (WFD) [Directive 2008/98/EC] states that Member States must have a National Waste Management Plan or Plans. In practice, the EC recognises that the WFD can be fulfilled by Scotland’s tiered system of planning which includes national waste documents and development plans. The Zero Waste Plan (June 2010) now supersedes some references to waste policy in the National Planning Framework 2 and Scottish Planning Policy. It should therefore be noted that the Zero Waste Plan and the documents listed below constitute Scotland’s new National Waste Management Plan for planning purposes.

8.19

The National Planning Framework Scottish Planning Policy Planning Advice Note 63

Planning decision-making should, for all new developments, not just waste facilities, recognise the hierarchy’s preference for prevention, reduction, reuse, recycling and energy recovery over waste disposal. The Area Waste Plans have been superseded by Scotland’s Zero Waste Plan.

8.20 The Zero Waste Plan (ZWP) sets out the Scottish Government‘s vision for a zero waste society, highlighting the role of planning in delivering waste management

8.21

8.22

facilities, objectives and targets. It also notes that there will be opportunities to harness heat and power generated from waste recovery processes. A zero waste society will also support sustainable economic development as new waste facilities mean new investment and job opportunities. The ZWP sets out locational criteria that should be considered by planning authorities which are listed below:-

* Potential Sites which include industrial areas; degraded, contaminated or derelict land; working and worked out quarries; sites that have the potential to maximise the potential for the re-use of waste heat through co-location with potential heat users; existing or redundant sites or buildings that can be easily adapted; existing waste management sites, or sites that were previously occupied by waste management facilities and sites accessible to railways, waterways or the trunk and principal road network junctions. Links to Transport Infrastructure which requires the siting of installations to include access to the transport network, including road, rail and waterways and the minimisation of unnecessary travel. Impact on Environment requiring proposed waste management facilities are located in sites where potential impacts on the human, built and natural environment can be minimised. Heat and Power Use requires that any sites identified specifically for energy from waste should allow links to be made to potential users of renewable heat and energy especially in locations where there are premises nearby with a long-term demand for heat. Construction and Demolition Waste requires that Development Plans should identify suitable sites for the processing of all waste types, including construction and demolition wastes including existing minerals workings or industrial sites.

0

The proposed development is an amendment to operations on the site of an existing opencast coal extraction and waste facility which does benefit from good links to the principal road networks. As outlined in the assessment above the submitted Supporting Statement has shown that the proposed development is located on a site which minimises the impacts on the surrounding residents and the built and natural environment. Having due consideration of the ZWP it is therefore considered that the proposed development is generally acceptable and complies with the aims and intentions of this plan.

The National Planning Framework 2 (NPF2) sets out a framework for strategic development priorities in Scotland to 2030 to support sustainable economic growth. It recognises the importance of waste management infrastructure, the move away from landfill, and the potential of waste as a resource as well as highlighting the importance of planning in allowing these targets and aspirations to be met. In addition NPF 2 details more specific matters such as siting, proximity to waste source, transport networks and minimising the movement of waste. The proposed development is therefore considered to broadly accord with the objectives of NPF2 and on balance is considered acceptable in terms of the guidance within this document.

Scottish Planning Policy (SPP) seeks to encourage a move away from landfill toward other forms of waste management infrastructure. The SPP identifies the important role of planning in realising this strategic policy in meeting the targets set. It recognises the importance of the Zero Waste Plan which this application broadly accords with. The SPP encourages appropriate sites to be identified for waste management facilities and a policy framework which facilitates the development of these facilities. While both the adopted and emerging local plan do not specifically zone sites for waste facilities a policy framework is provided as discussed in paragraphs 8.5 and 8.17 above. Furthermore the SPP highlights the potential suitability of former minerals workings in addition to industrial zoned sites, noting other requirements including accessibility, the need for buffer zones and sensitivity of surrounding uses, whilst also acknowledging the regulatory role of SEPA.

In assessing the proposed development in terms of the above it is considered that a needs case has been demonstrated, the application broadly complies with the aims of the ZWP, and is located on the site of an existing operational opencast and waste management facility. The appropriateness of the location has been considered above and has been accepted in this instance given the current consent for waste operations on the site. In terms of minimising impacts on transportation, the environment and local communities it is considered that these issues have been addressed in the assessment above and found to be acceptable. The proposed development is therefore considered to take substantial support from the provisions of the SPP in relation to waste management.

8.23 PAN 63 Waste Management Planning complements SPP and provides locational advice for waste management developments. In general, the most appropriate locations will be those with the least adverse impacts on the local population and the environment, although other potential locations for facilities may include; degraded, contaminated or derelict land and other sites with good transportation links. Planning authorities should consider sensitive siting and design to allay public concerns about health while operators should provide evidence that consideration has been given to siting. Sensitive issues, including; amenity; visual impact; operational impacts; access; heritage interests; siting and design; ecology and infrastructure. It is considered that the issues highlighted have been adequately addressed in the submitted Supporting Statement and are covered in the assessment of the proposals in paragraphs 8.5 to 8.17 above. For these reasons it is considered that the proposed development is supported by the advice contained within this document.

8.24 It is considered that the proposals would accord with the main aims and principles of the above noted European and National policy and guidance on waste management developments. SEPA are content that the supporting information provided by the developer adequately demonstrates the acceptability of the proposals. Given these factors the proposals are considered to be in line with the requirements of Scottish Planning Policy and PAN 63.

9. Conclusions

9.1 The proposed development is considered to be in accordance with the Southern Area Local Plan 2008, Finalised Draft North Lanarkshire local Plan and the principles of the wider European and National policy and guidance. It is concluded that in terms of convenience to waste producers; the landscape and visual impact; the extent of traffic generation; the impact on local residents, due to noise, odours and other disturbance; the loss of natural habitats and protected species; flood risk and the measures included to ensure satisfactory restoration of the site, the proposed development is acceptable and accords with the relevant policies contained within both plans. The Supporting Statement has adequately demonstrated that the proposals are acceptable and as such it is therefore recommended that planning permission be granted subject to conditions and revised section 75 and 96 legal agreements and a revised bond to cover site restoration.

Application No:

12/00807/FUL


Erection of Shop & 2 Flatted Dwellings Site Address:

Site To Rear Of 123-125 Main Street Overtown ML2 OQF

Date Registered:

20th July 201 2

Applicant: IN1 Enterprises 1598 Netherton Road Wishaw


Agent: Architectural Design Practice Ltd Unit 27 Carfin Industrial Estate Motherwell ML1 4UL


Ward: Representations: 020 Wishaw Marion Fellows, Jim Hume, Samuel Love, Frank McKay,

46 letters of representation and a petition containing 179 signatures received.



The proposed development is considered to be acceptable in relation to the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan. The proposal can be accommodated without detriment to the surrounding area.

I I I


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


2. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

3. That, except for the terms of conditions (4), (1 I ) , (13), (17) and (19) below, or as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the approved drawings submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority.


4. That notwithstanding the details shown on the approved plans BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Notwithstanding this requirement the roof of the building shall be finished in flat profiled grey tiles and the walls in synthetic stone or render in a colour similar to adjacent buildings.

Reason: In the interest of visual amenity by ensuring that external materials are appropriate for the site and for the general area.

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

Reason: To ensure that the site is free of contamination in the interests of the safety of future users of the site.

6. That prior to the development being brought into use, any remediation works identified by the site investigation report required in terms of Condition 5 above shall be completed and a validation report by an appropriately qualified environmental engineer shall be submitted to the Planning Authority confirming that the remediation works identified within the site investigation report required in terms of Condition 5 have been carried out in accordance with the terms of the Remediation Strategy to the satisfaction of the Planning Authority.

Reason: To ensure the site is free of contamination in the interests of the safety of future users of the site.

7. That PRIOR to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their

assets, and that suitable infrastructure can be put in place to support the development.


8. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.


9. That the SUDS compliant surface water drainage scheme approved in terms of Condition 8 shall be implemented contemporaneously with the development in so far as is reasonably practical. Before the development hereby permitted is brought into use, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.


10. That before the development hereby permitted starts a plan detailing a right turn storage bay heading north on the A71 shall be submitted to and approved in writing by the Planning Authority and prior to construction work commencing upon the application site the approved revised lining scheme, including the right turn storage bay, shall be completed, at the applicant's expense, to the satisfaction of the Planning Authority.

Reason: In the interests of traffic safety and in order that the flow of traffic on the public road is not impeded.

11. That before construction work commences upon the application site, the dropped kerb vehicle access, as shown on the approved plans, shall be completed to the satisfaction of the Planning Authority.

Reason: In the interests of traffic safety and in order that the flow of traffic on the public road is not impeded.

12. That before the development is brought into use the associated parking and manoeuvring area as shown on the approved plans, shall be levelled, properly drained, sudaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

Reason: In order that vehicles can enter and leave the site in forward gear and to ensure adequate parking provision and in the interests of the visual amenity of this location.

13. That notwithstanding the details shown on the approved plans BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of planting along the boundary that adjoins Main Street, icorporating

(c) an indication of all existing trees and hedgerows, plus details of those to be

(d) a detailed timetable for all landscaping works which shall provide for these works

details of the location, number, variety and size of trees and hedging to be planted;

retained, and measures for their protection in the course of development

being carried out contemporaneously with the development of the site.

14.

15.

16.

17.

18.

19.

20.

21 I

Reason: In the interests of amenity and in consideration of the desirability of tree/hedging planting/retention to help integrate the new development into the area.

That the scheme of landscaping and planting, approved under the terms of condition 13 above, shall be implemented in accordance with the approved timetable and shall be completed prior to the development being brought into use. Any trees, hedging or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure that the required landscaping does not fail to be established through damage or neglect.

That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority. Notwithstanding the details shown on the approved plans a wall/railing shall be erected along the front boundary of the landscaped area at the front of the site at a height of 1 metre.

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

That BEFORE the development hereby permitted is brought into use, all the fences, or walls, as approved under the terms of condition 15 above, shall be erected.

Reason: In the interests of visual amenity.

That deliveries to the site shall be restricted to between 0900 and 21 00 hours Monday- Sunday, unless otherwise agreed in writing by the Planning Authority.

Reason: To safeguard the residential amenity of the area.

The design, installation and operation of any air condition / ventilation or other plant for the proposed development and any other noise associated with the completed development shall be such as will not give rise to a noise level assessed with the windows open, within any dwelling or noise sensitive building in excess of the equivalent to Noise Rating Curve (NRC) 35 between 07.00 hours and 22.00 hours and NRC 25 at all other times

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

That BEFORE the development herby permitted starts, a detailed drawing showing the location and design of the proposed bin stores and boundary enclosures shall be submitted to and approved in writing by the Planning Authority. The approved bin store and enclosures shall be completed before the development hereby permitted is brought into use.

Reason: To allow the Planning Authority to consider these aspects in detail and in order to protect the amenity of adjacent residents.

That within 4 weeks of the development hereby permitted being occupied a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.


That notwithstanding the details shown on the approved site plan, no permission is hereby approved for the free standing sign and that prior to its installation the appropriate application for advertisement consent requires to be submitted and approved by the Planning Authority.


Backqround PaDers:

Representation letters

Letter from Mrs Gill Graham, 131c Main Street, Overtown, Wishaw received 2nd August 2012 Letter from Mr Robert King, 8 Garrion Street, Overtown, Wishaw received 2nd August 2012 Letter from Mr Arif Baig, 82-84 Main Street, Overtown, Wishaw received 13th, 20thand 21'' August 2012 Letter from Mr lain MacBean, 128 Main Street, Overtown, Wishaw ML2 OQP received 14th August and 1 Oth September 201 2 Letter from Margaret Toner, 27 Garrion Street, Overtown, Wishaw received 15th August 201 2 Letter from Rhona Campbell, 4 Garrion Street, Overtown, Wishaw received 15th and 20th August 201 2 Letter from Mrs Roberta Hutton, 84a, Main Street, Overtown received 1 sth and 20th August 201 2 Letter from M Kaleem, 353A Shields Road, Motherwell, received 17th August 201 2 Letter from Miss Nicole Young, 32 Reid Grove, Motherwell, MLI 2DQ received 19th August 201 2 Letter from Mr Harpal Singh, 69 Russell Street, Wishaw, Lanarkshire received 19th August 2012 Letter from I Carr, 9 Main Street, Wishaw, North Lanarkshire received 20th August 2012 Letter from J Gilmour, 14 Gillburn Street, Overtown, Wishaw received 20th August 2012 Letter from Mr W MacFarlane, Flat D 6 Bentfoot Road, Overtown, Wishaw received 20th August 201 2 Letter from M McCaffer, 14 Greenknowe Street, Overtown, North Lanarkshire received 20th August 2012 Letter from E Robertson, 8 Gillburn Street, Overtown, Wishaw received 20th August 2012 Letter from Mr A Kerr, 57 Jennie Lee Drive, Overtown, Wishaw received 20th August 2012 Letter from Mr W Allen, 56 Bentfoot Road, Overtown, Wishaw received 20th August 201 2 Letter from E Blyth, 7 Birkshaw lower, Birkshaw Place, Gowkthrapple received 20th August 201 2 Letter from L Campbell, 179 Stonefield Road, Blantyre G72 9SD received 20th August 201 2 Letter from Mr J Cullen, 18 Birkshaw lower, Birkshaw Place, Gowkthrapple received 20th August 2012 Letter from Mr N Cuthbertson, 9 Birkshaw Tower, Birkshaw Place, Gowkthrapple received 20th August 201 2 Letter from Mr I Hughes, 12 Garrion Street, Overtown, Wishaw received 20th August 2012 Letter from S Javed, 2 Campsie View, Hamilton, ML3 8PS received 20th August 201 2 Letter from Mr P Rourke, 5 Rhu Quadrant, Overtown, North Lanarkshire received 20th August 201 2 Letter from I Russell, 30 Birkshaw Tower, Birkshaw Place, Gowkthrapple received 20th August 20 1 2 Letter from Mr J Rutherford, 2 Lashley Grove, Overtown, Wishaw received 20th August 2012 Letter from J Singh, 70 Caledonian Road, Wishaw, North Lanarkshire received 20th August 201 2 Letter from David Watson, 3a Gill Road, Overtown, received 20th August 2012 Letter from Dr Naureen Baig, 82-84 Main Street, Overtown Wishaw, ML2 OQF received 20th August 201 2 Letter from M & A Marshall, 89 Main Street, Overtown, Wishaw received 21st August 2012 Letter from A Marshall, 10 Garrion Street, Overtown, Wishaw received 21 st August 201 2 Letter from C Nelson, 35 Belmont Street, Overtown, Wishaw received 22nd August 2012 Letter from C Rae, 12 Overdale Place, Overtown, Wishaw received 22nd August 2012 Letter from Mrs Campbell, 3 Covenanters Way, Overtown, Wishaw received 22nd August 201 2 Letter from Mrs M McCarte, 9 Bentfoot Road, Overtown, Wishaw received 22nd August 2012 Letter from Mr 0 Toner, 1 Bruce Loan, Overtown, Wishaw received 22nd August 2012

Letter from Mr S Hutchison, 22A Main Street, Overtown, Wishaw received 22nd August 2012 Letter from Mr S Robertson, 83 Jennie Lee Drive, Overtown, Wishaw received 22nd August 201 2 Letter from J Douglas, 41 Main Street, Overtown, Wishaw received 21st August 2012 Letter from A Welsh, 1 Belmont Street, Overtown, Wishaw received 22nd August 2012 Letter from Overtown and Waterloo Community Council received on the !jth September 2012.

Petition containing 179 signatures received 20th August 201 2


Memo and email from Transportation received 4'h September 201 2 Memo from Protective Services received gth August 2012 Letter from Scottish Environment Protection Agency received 31 st July 201 2. Letter from Scottish Water received 7'h August 2012


Any person wishing to inspect these documents should contact Mr Fraser Miller at 01 236 632503

Report Date:



REPORT

1.

1.1

2.

2.1

3.

3.1

4.

4.1

5.

5.1

5.2

Site Description

The application relates to a gap site on Main Street (A71), Overtown. The application site extends to 1,497 square metres and is bounded to the north by a single storey dwelling, to the east by the garden ground of the two storey dwellings on Garrion Street, to the south and west by two storey commercial properties with residential properties on the first floor. Overtown Community Centre and its car park are located on the opposite side of Main Street. The site is relatively level and an informal access exists onto Main Street in the north western section of the site. The existing boundary treatment consists of a 1.8 metre high timber fence to the east and by a wall approximately 1.8 - 2 metres to the north. Vegetation on the site consists of mature shrubs on the southern and northern boundaries with a grassed area in the eastern section of the site and a combination of hard core and tarmac on the western section of the site. A servitude right of access for pedestrian and vehicular traffic dissects the site from Main Street linking into the service area of the public house. At present the site is partly used as an informal parking area for the existing adjacent shops.

ProDosed Development

Planning permission is sought for a mixed use development comprising of a retail unit on the ground floor with two, two bedroom flatted dwellings on the first floor. Vehicular access is to be taken from a newly formed 6 metre wide dropped kerb access linking into the parking and servicing area for the development. The building is to be single storey with attic accommodation measuring 3 metres to the eaves and 7.5 metres to the ridge. The frontage of the building is to measure approximately 23 metres and is to consist of a modern glazed sectional shop front and a centrally located entrance. Two dormer windows are proposed on the front elevation with two double width dormer windows being located on the rear elevation. Materials are to consist of grey concrete roof tiles, white upvc windows on the dormers, a green aluminium shop front. The front elevation is to be finished in Ashlar stone with the side and rear elevations having a rendered finish. An ATM is also to be installed on the shop front. The retail floorspace is to measure 190 square metres, exclusive of storage space. The building would be set back 20 metres from Main Street with the car parking situated to the front of the site. The car park would be set back from Main Street by an area of landscaping equal in depth to the adjacent buildings. In total 4 car parking spaces will be allocated for the residential properties with 11 spaces being allocated for the retail unit. A service vehicle turning facility is to be provided at the north eastern section of the site. The open space associated with the residential dwellings equates to 82 square metres and would be located in the eastern section of the site.

Applicant’s Sumortinu Information

No additional information has been submitted in support of the application.

Site History

No relevant site history.

Development Plan

The site is zoned as HSG2 (Housing Development Opportunities) in the Southern Area Local Plan 2008.

The site is zoned as HCF 1A (Residential Amenity) in the Finalised Draft North Lanarkshire Local Plan.

6. Consultations

6.1 Transportation has raised no objections to the proposed development and have advised that the entrance to the site will require to be monitored in order to determine if alterations are required to the road markings on Main Street.

Protective Services have raised no objections to the application subject to the submission of a site investigation report, including if required, remediation measures prior to the start of works on site and for delivery times and noise from air condition units/extraction units being appropriately conditioned.

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6.3 Scottish Water and the Scottish Environmental Protection Agency have raised no objections.

7. Rewesentat ions

7.1 Forty six letters of representation from forty two parties have been received following the neighbour notification and press advertisement procedures and a petition containing 179 signatures has also been received. One of the letters has been submitted by Overtown and Waterloo Community Council. The objections have been summarised below:

a. The proposed shop is in close proximity, less than 50 yards, to the traffic light controlled junction of Main Street and Castlehill Road. Vehicles currently park on either side of the road causing disruption to the area and stopping the traffic. The proposal would result in gridlock and an increased risk of accidents as vehicles would have to cross two lanes of stationery traffic to enter the site. In addition vehicles turning right into the site whilst travelling north bound on the A71 will stop the traffic from being free flowing. There are also concerns that there is not adequate parking to serve the site resulting in an increased number of vehicles that park on Main Street close to the traffic lights. At present there is a full height kerb to deter parking at the shops and in the ground to the rear of the shops.

b. There are concerns that an additional access being utilised for users of the site and delivery vehicles in close proximity to the traffic lights would adversely impact on the flow of traffic at this location.

c. There is no demand for another retail unit in the Overtown area and the addition of another retail unit is likely to adversely impact upon the existing shops resulting in job losses.

d. There is no requirement for a shop to be open to 10pm selling alcohol. This is likely to result in an increase of anti social behaviour and security issues, including within the play park opposite the site and residential properties close to the site. The development would result in increased noise and nuisance in a largely residential area. It is requested that the trading hours be restricted to 9pm. It is pointed out that the existing licensed shop closes early evening to avoid such problems.

e. The boundary wall at the north of the site has been damaged by adverse weather, a replacement fence would not suffice to reduce noise associated with the service area. A replacement wall of 8 foot in height should be erected in order to maintain the amenity of the rear garden area of the objector's property. Clarification is also sought on who would be responsible for fencing within the site. Delivery times should also be restricted to protect residential amenity.

f. There is concern over what type of vehicle is to deliver to the retail unit, no swept path analysis has been provided and if HGV's are to deliver then the correct analysis should be submitted.

g. Planning conditions should be utilised to restrict working hours associated with the construction of the unit.

h. There are concerns that the windows on the gable of the flatted dwellings could over look the rear garden area of the objector's property.

i. The relocation of the Post Office to this shop will have a negative impact on the older population of Overtown and school children who would be required to travel further across a busy main road during lunch times. The existing Post office serves food at lunchtimes to school children. There are concerns at children having to cross the A71 as kids don’t always use traffic lights and the existing lights do not always function properly. The proposed parking spaces for the shops cover a right of access to number 131, 131b and 131c Main Street and the commercial properties already present on Main Street. The proposed development may result in HGVs servicing the public house having to unload from the A71 as there is insufficient space for HGV turning within the development.

k. The boundary line at the location of the parking for the two flats would appear to encroach onto land that is used as a drying green for flats 131 B and 131C.

I. The view from the objector’s property to the play park will be obstructed.

j.

8. Plannina Assessment

8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed in terms of the local plan policies. In the Southern Area Local Plan 2008 the site is covered by Policy HSG2 (Housing Development Opportunities). Policies RTLI (Retail Development), RTL4 (Assessing Applications for Retail Development), RTLI 1 (Assessing Applications for Bad Neighbour Development), HSGI 0 (Infill Housing Development) and TR13 (Assessing the Transportation Implications of Development are also relevant. In the Finalised Draft North Lanarkshire Local Plan FDNLLP the site is zoned as HCFI 1A (Residential Amenity).

Adopted Local Plan

8.2 The site is designated as Policy HSG2 which seeks to promote the release of sites for housing development, as well as other suitable infill or redevelopment sites. In this instance a mixed use development consisting of two flatted dwellings a retail unit is proposed. The site is adjoined by residential uses to the east and north and to the south and east by a mixture of commercial and residential uses on upper floors. It is considered that the principle of a mixed development is appropriate at this site, subject to the assessment of the detailed layout and design of the proposed building within the site. It is therefore considered that the principle of the development is acceptable at this location.

8.3 Policy RTLI directs lesser retail developments, such as this proposal, to town centres, village, neighbourhood and secondary commercial areas and to areas of major industriaVbusiness and housing development. The proposal would only be permitted where such provision is supported by an appropriate catchment population, is compatible with adjoining uses and does not undermine the vitality and viability of existing town, village, neighbourhood and secondary commercial areas. The application site is located at the centre of Overtown village and adjacent to a well established residential area that would serve as a catchment population. The proposed retail use would, subject to conditions to protect amenity, be compatible with the adjoining residential and mixed use area. The site at present is vacant and its prominent position on the Main Street creates a poor image in visual terms to passing motorists and impacts on the residential amenity of the surrounding area. This proposal would enable the vacant site to be brought back into use and would improve the character of the area. The retail element of the proposal (190 square metres) falls well below the ‘lesser retail developments’ threshold and although larger than other nearby shops could reasonably be considered as a ’local shop’ given the size scale and nature of it. It is considered that a shop of this size would not have an adverse impact upon the vitality or viability of existing town centres or secondary village and

commercial areas. While it may impact upon other individual units this is not a planning consideration. The proposal is compatible with adjacent land uses and is found to be acceptable in terms of scale and location and therefore complies with Policy RTL 1.

8.4 Policy RTL 4 lists a set of criteria for assessing retail developments and in this case the relevant criteria include whether the proposal could be supported by the appropriate catchment population, effect on the vitality and viability of existing shopping centres, the extent to which proposals would be accessible to public transport, the impacts upon travel patterns by motor car, suitability and impact of the proposal on the character and amenity of adjoining properties and the surrounding environment, design details and access for pedestrians and provision for vehicular access, parking and pedestrian safety. As indicated in paragraph 8.3 above the proposal is considered to be acceptable in terms of catchment population and impact upon vitality and viability and the character of the area. The unit would be within walking distance for residents of the village and is on a main route served by public transport.

8.5 In terms of the impact upon the area the siting of the building set back from Main Street is different from the existing pattern of development to the south of the site. This allows for the car park to be visible from the Main Street to encourage its use, furthermore the servitude right of access for the public house is maintained through this layout. The area of open space to be formed at the site frontage is aimed at enhancing the visual appearance of the site and will introduce a feature of some landscape quality to the area as well as linking the new retail unit within the wider streetscape. The building is to be no higher than those adjacent to the site, with the exception of the single storey dwelling to the north, it will however create a stepped increase in height between the single storey house and the two storey dwelling and two storey commercial uses on Main Street. The building is situated sufficiently distant from the adjacent buildings in order to protect the existing privacy and amenity enjoyed by them. A planning condition is proposed to secure the submission of a landscaping scheme for the communal area to the front of the site and a planning condition is also proposed to secure the submission of boundary treatments in order to create a degree of uniformity and deter on street parking. The proposed materials and the design of the building are considered to integrate well within the area. The site is adjacent to a group of commercial properties that include a hairdressers, chemist and public house. On balance it is considered that the impact on the character and amenity of the area will be acceptable and that the development will not adversely affect neighbouring properties. Roads, access and parking are also considered under Policy TR13 and are discussed in detail in paragraph 8.8 below. In light of the above, the proposal is held to comply with policy RTL4.

8.6 Although the development was advertised under Article 12(5)(b) as a Bad Neighbour development by virtue of the proposed hours of operation, it is considered that the proposal raises no issues in terms of policy RTL 11 (Bad Neighbour Developments) as the impact of the proposal on the character and amenity of adjoining properties as discussed at paragraphs 8.3 and 8.5 above, will be acceptable.

8.7 Policy HSGI 0 states that when considering applications for infill residential developments on suitable gap sites, the Council will take account of; the impact on the character and amenity of the surrounding area; dimensions of the site, the resultant garden ground; (sunlightldaylight); scale, design and materials; and the vehicular access and parking provision. It is considered that in land use terms the proposed residential accommodation is acceptable and would not adversely affect the character and amenity of the area. The design and layout of the proposed development is considered acceptable, while complementing the existing surrounding properties in terms of building form, scale, style and finish. The proposed development would result in no loss of privacy/sunlight or daylight to surrounding properties and the open space required for each flat is catered for within the site. The proposals are therefore considered acceptable in terms of policy HSG 10. The

transportation issues are considered below.

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8.12

8.13

Policy TR13 states that the Council will take account of criteria including: the impact of the development on road traffic circulation/road safety and the provision made for access, parking and vehicle manoeuvring. Transportation have raised no objections to the development. Adequate pedestrian access, parking, servicing and manoeuvring areas are proposed for the retail and residential elements of the development. The servitude right of access is to be maintained through the site. It is therefore considered that the proposals are acceptable in terms of the transportation requirements of policies CS4 and TR13.

Finalised Draft Local Plan

The site is designated HCFIA - Protecting Housing and Community Facilities - Residential Amenity. This permits developments of an ancillary nature to the residential surroundings, including ‘retail for local needs’, subject to an assessment of the impact on residential amenity and provision. The proposal by virtue of its scale and nature is considered to be an acceptable ancillary development within such areas.

The Finalised Draft North Lanarkshire Local Plan 2009 (FDNLLP) requires all applications to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development).

Due to the limited scale and nature of the development, policies DSP 1 and 2 are not relevant. Policy DSP 3 requires developer contributions if improvements are required in the area. in this instance, given the nature, scale, design and location of the proposal; it is not considered that it will cause a significant demand on community facilities or infrastructure in the area. Under policy DSP 4 development will only be permitted where high standards of site planning and sustainable design are achieved. Developments are required to integrate successfully into the local and wider area in terms of the suitability of the site and its setting and use; the design and scale of the development, including roads access and parking, use of materials, traffic and transportation links, and road safety, without having an adverse impact on the amenity of that area. As detailed in relation to the Adopted Local Plan the principle of the development of the site, the proposed layout, design and landscaping and transportation matters are found to be acceptable, therefore the proposal complies with DSP4.

Consultations

With regard to the comments received from Transportation and Protective Services conditions are proposed regarding the service access, servicing hours and imposing noise limits.

Retxesentations

In response to the objections raised:

a. There are no parking restrictions on Main Street which does result in vehicles parking on the public road and obstructing traffic flow. However Transportation has raised no objections to the proposal and have confirmed that the 11 parking spaces proposed to serve the site and the position of the access are acceptable. A condition is imposed regarding possible future alterations to road markings at the site access.

b. Transportation have raised no concerns with the proximity of the proposed site access to the traffic lights.

c. The issue of demand for a retail unit of this scale is not required to be demonstrated by the applicant. Furthermore the issue of market forces is not

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a material planning consideration. A license will be required should the applicant seek to sell alcohol and opening hours are controlled by that process. In order to protect residential amenity conditions are recommended limiting delivery times to between 9am to 9pm and restricting noise associated with extractionhentilation units. Potential for anti social behaviour and security issues are not material planning considerations. With regards to the boundary treatment around the perimeter of the service area, finalised details have yet to be submitted and a planning condition is proposed to cover this. Normal practice would be for a 2 metre high close boarded fence which in combination with restricted delivery times would adequately reduce noise in this area. The issue of the ownership of fencing within the site is a legal issue and is not a material planning consideration.. Transportation have not requested the submission of a swept path analysis and have confirmed that the proposed service facility is adequate to serve a site of this scale. It is not considered appropriate in this instance to use planning conditions to control opening hours of the shop. A license would be required in the event that the premises are to be open beyond l lpm. With regards to the hours associated with construction an advisory note is proposed in line with the requirements of Protective Services restricting construction times. The proposed bedroom windows on the side elevation are in excess of 10 metres from the boundary of the site and comply with the minimum window to window distance requirements. In the event that the Post Office is to be relocated this would not be a material planning consideration. However the application site is only 300 metres from the existing Post Office and traffic controlled signals are in place at the junction to allow safe passage across the A71. Concerns raised regarding the failure of the traffic lights to operate correctly have been forwarded to the Transportation Service for action as may be appropriate. Property Services who are marketing the site, have confirmed that the proposed layout accommodates the right of access as specified in the title deeds. The issue of access through the proposed gate would be a matter to be agreed between the applicant and the owners of the public house. Transportation have raised no concerns over the proposed site layout in relation to servicing arrangements. Furthermore the development brief for the site reiterates the right of access requirements as a condition of the sale of the site. Property Services have confirmed that the application site is on land covered by the title for the site. The right to a view is not a material planning consideration.

9. Conclusion

9.1 In conclusion having due regard to the provisions of the Development Plan, the proposals are considered to be acceptable and to comply with Policies HSG2, RTLI , RTL4, RTL11, HSG10 and TR13 of the Southern Area Local Plan 2008 and policies HCFlA, DSP 3 and 4 of the Finalised Draft North Lanarkshire Local Plan. The proposed development will acceptably relate to surrounding land uses and the reuse of this long vacant site is to be welcomed. Notwithstanding the objections received it is therefore recommended that planning permission be granted subject to conditions.

Application No:

12/00892/FUL


Change of Use from Office (Class 2) To Hot Food Take Away and Installation of Flue Site Address:

3 Sandvale Place Stane Shotts

Date Registered:

14th August 2012

Applicant: Mr Saeed Ahamed 65 Cross Gates Bellshill ML4 2EB

Application Level:

Local

Ward: 012 Fortissat Charles Cefferty, Thomas Cochrane, James Robertson,

Agent: Graham McKay 2 Carnwath Lane Carluke ML8 4QU

Contrary to Development Plan:

Yes

Representations: 4 letters of representation and a petition containing 235 signatures received.



The proposed application is considered acceptable in terms of the criteria set out in the relevant policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan 2009. The proposed development is unlikely to significantly adversely affect the surrounding residential area.

Repmduoed permission d the O ~ a n t r Suwey on

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m, Alllighb Ordnance Suwey Lic erne number 100023386.

Plann ing Appl icat ion 12AI0892FUL Produoed by Planning dnd Davelopment Environmental SeNi North Lanarkshire C Fleming House 2 Tryst Road Cumbernauld A 087 I J W

C h a n g e o f U s e from Of f i ce ( C l a s s 2 ) to Hot F o o d T a k e A w a y a n d Insta l l t ion o f F l u e 3 Sandva le P lace , Sho t t s * R e p re sentat ions


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That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers L(20)OOl and L(20)002.


That prior to the commencement of development on site detailed drawings of an external extraction flue which will be required for the cooking of food, shall be submitted to, and approved in writing by the Planning Authority and before the development hereby permitted is brought into use the extraction flue shall be installed in accordance with the details approved under the terms of this condition.

Reason: To allow the Planning Authority to consider the aspects in detail and to ensure that the premises are adequately ventilated and that fumes and odours associated with the cooking of food are adequately extracted in the interests of residential amenity.

The design, installation and operation of any air condition / ventilation or other plant for the proposed development and any other noise associated with the completed development shall be such as will not give rise to a noise level assessed with the windows open, within any dwelling or noise sensitive building in excess of the equivalent to Noise Rating Curve (NRC) 35 between 07.00 hours and 20.00 hours and NRC 25 at all other times,

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

That the development hereby permitted shall not start until the submission of a Notice of Initiation to the Planning Authority.


That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.


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

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

Backaround PaDers:


Letter from Mrs E! Y Chung, Stephens Takeaway, Unit 2 Sandvale Place, Stane, Shotts received 30th August 201 2. Email from Mr A Haddow, 14 Sandyhill Avenue, Stane, Shotts received 31"' August 201 2. Letter from Mr P Elliot, 36 Sandyhill Avenue, Shotts received 5'h September 2012 Email from Mr J King, 16 Sandyhill Avenue, Stane, Shotts received 6'h September 2012. Online comment from Mrs Angela Thomson, Appin Terrace Shotts.

Petition containing 235 signatures received 1 lth September 2012


Traffic & Transportation received Wednesday 5'h September 201 2.

Environmental Health (including Pollution Control) received Wednesday 5'h September 201 2.


Any person wishing to inspect these documents should contact Ms Suzanne Cusick at 01 236 632645

Report Date:

17th September 201 2

APPLICATION NO: 12/00892/FUL

REPORT

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Site Descrbtion

The application site is one of three vacant units within a row of seven falling under Class1 (Shops) and Class 2 (Financial, professional and other services). The unit in the past has been used as an office. A hot food takeaway operates from one of the units. The unit is part of a ‘neighbourhood centre’, at Sandvale Place adjacent to Main Street. it is owned by the council and the units are leased. Sandvale Place sits off Main Street and has a dedicated car park to the front between the front of the units and the public road. Service access is off Sandvale Place and to the rear of the units. The units have a uniform frontage with a canopy above running the full length of the units, To the north and south are residential properties, the nearest being some 14 metres from the rear of the unit, sitting slightly higher than the units. A car wash lies to the west of the site taking access from Sandvale Place. To the east is an area of public open space.


The applicant seeks planning permission for a change of use from an office (Class 2) to a hot food takeaway. No external alterations are proposed as part of this change of use application. Given the nature of the proposal the installation of a flue to the rear of the premises is required and forms part of this application proposal. The applicant has not stated hours of opening.

Atmlicant’s Sumortina Information

The applicant has submitted two online comments in response to the representations detailed below. With regards to the over provision of hot food takeaways in the area and impact on sewerage system the applicant indicates that the proposal would be the first Indian hot food takeaway in the area and the sewerage pipes would be used for waste water only, not the disposal of used oil. With regards to pollution and nuisance concerns the applicant indicated the proposal would not cause any greater impact on the amenity of the area than the existing hot food takeaways and would have similar hours of operation. The applicant further advised the proposed hot food takeaway would create local job opportunities. The applicant questions the need for the 5 parking spaces required by Transportation as they expect many customers to arrive on foot or to use their home delivery service. They also point out that 3 of the shops would be closed at the time that they intend to be open.

Site History

No relevant planning history

DeveloPment Plan

The application raises no strategic issues and it can be assessed in terms of the local plan policy.

In terms of the Southern Area Local Plan 2008 the site is covered by policy HSG7 (Established Housing Areas).

The site is also covered by policy RTC 1C (Neighbourhood and Local Centres) of the Finalised Draft North Lanarkshire Local Plan 2009.

Consultations

A summary of the comments from the consultees are as follows:

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Transportation recommends the proposal be refused as the level of car parking required is unachievable. A change of use to a hot food takeaway would require five car parking spaces which they consider are unachievable at this location.

Protective Services have no objections to the proposed development subject to cooking odours from the premises being controlled and noise levels associated with any plant or ventilation from the completed development being within recommended guidelines.

Remesentat ions

Following the standard neighbour notification process and newspaper advertisement, four letters of objection have been received and a petition containing 235 signatures has also been received. The concerns raised by the objectors and in the petition relate to:

I. Concerns regarding the existing over provision of hot food takeaways in the immediate area and in Shotts in general. They indicate that an additional hot food takeaway will have a direct effect on the environment due to the extra pollution in the air and the increased pressure on the existing sewerage system. Previous hot food licenses for nearby premises have been recently refused on the grounds of overprovision.

II. Concerns regarding the nature of the licence and the late opening times of the proposal will encourage anti-social behaviour of youths that may loiter in the area.

Ill. Concerns regarding the impact on residential amenity in terms of noise, litter and smell.

IV. Concerns regarding the impact a third food outlet at this location would have on the existing car parking arrangements at Sandvale Place and that parking may take place in the surrounding streets.

One online comment has been submitted in support of the application. This indicates that the shop has been vacant for some time and that it would be good to see it occupied. It also points out that the nearest Indian Take Away is at Dykehead.

Plannina Assessment

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

AdoPted Local Plan

The site is located within an area zoned as HSG7 (Established Housing Areas). Policies RTLl1 (Bad Neighbour Development), RTLI (Retail Development) and TR13 (Assessing the Transport Implications of Development) are also relevant.

Policies HSG7 (Established Housing Areas) indicates that the Council will seek to protect the established character of existing housing areas by opposing development which is incompatible with a residential setting or adversely affects amenity. Policy RTLI seeks to direct retail uses to the town centre, village, neighbourhood and secondary commercial area where the use is considered compatible and would not adversely affect the existing shopping area. Given that there is an existing hot food

takeaway within the block it is considered a further take away will not have a significant impact upon the character of the area. The site is relatively isolated between an area of open space to the south and a parking area to the front and a service area to the area with the nearest residential dwelling to the south located approximately 14 metres to the rear of the proposed hot food takeaway. The car parking and service area, the open nature of the frontage and the existing units either side acts as a buffer and contains the unit limiting its impact on the amenity of the area. Therefore the proposed development is considered to be supportable in terms of policies HSG7 and RTLI .

8.4 RTLI 1 (Bad Neighbour Development) also seeks to locate such developments within Town Centre and/or Secondary Village or Neighbourhood Commercial Areas. Proposals are assessed on their potential impact on the character of the surrounding environment. Although the site is not zoned for commercial use the proposed site is a long established purpose built commercial facility within a residential area and a hot food takeaway already exists within this set of units. As indicated above in paragraph 8.3, the nearest dwelling is located 14 metres to the rear of the site. At this distance, it is considered that there would be no unreasonable impact from fumes, noise or general disturbance from the proposed hot food takeaway on the residential character and amenity of the area over and above what already exists. Planning conditions are recommended in relation to noise limits and the design of plant or equipment for ventilation so that there are no adverse impacts on the neighbouring properties. Given the mix of uses in the area it is considered that the impact of an additional hot food takeaway at this location is not unacceptable or would be detrimental to the immediate area and would bring a vacant unit back into use. The potential impact of the proposal on neighbouring properties and the surrounding area is therefore considered to be acceptable and would comply with the aims of policy RTL11.

8.5 Policy TR13 (Assessing the Traffic Implications of Development) indicates that the Council will consider various transportation criteria through the assessment of planning applications. This includes the level of traffic generated and its impact on the environment, the impact of the proposal on road traffic circulation and road safety, provisions made for access, parking and manoeuvring. Transportation recommends the proposal be refused as the level of car parking required is unachievable as mentioned above in 6.1. Currently 12 off-street parking spaces are provided in the car park to the front of the units whilst additional informal parallel parking is available directly in front of the units. It is considered that the existing car parking arrangements at the site would adequately absorb the increase in the volume of vehicles associated with the proposed use and that the adequate size of the car parking area would allow continued manoeuvring and reversing of cars comfortably. Furthermore it is considered the patrons to the hot food takeaway would be likely to park intermittently on a short term basis in the evenings when the busier units such as the post office and hairdressers would be closed. It is considered the site could accommodate the additional parking without a significant negative impact on the existing car parking and that the proposal would comply with the aims of policy TR13.

Finalised Draft North Lanarkshire Local Plan:

8.6 A material consideration is the Finalised Draft North Lanarkshire Local Plan (FDNLLP), which zones the application site as Policy RTC1 C (Neighbourhood and Local Centres) which seeks to protect the vitality of the neighbourhood centres through a continued focus on acceptable uses including retail, leisure, food & drink. As mentioned in paragraph 8.3, the local centre is composed mainly of convenience shops, vacant units and one other hot food takeaway facility. It is considered that the proposed change of use to a hot food takeaway would not undermine the vitality and viability of the local centre. The proposed change of use would be considered to comply with policy RTClC.

8.7 Policy RTC3 B (Bad Neighbour Development) is also of relevance. Policy RTC 3 B states that planning permission will only be granted for potential "Bad Neighbour"

developments where it can be demonstrated that amenity would not be adversely affected. In this respect as indicated at paragraph 8.3 and 8.4 above it is considered that the amenity of the surrounding area would not be unacceptably affected. The proposal is therefore considered to comply with policies RTClC and RTC3B of the Finalised Draft North Lanarkshire Local Plan.

Consultations:

8.8 With regard to the consultation response form Protective Services all issues can be addressed by the imposition of appropriate conditions. The comments from Transportation are dealt with at paragraph 85 .

Representations:

8.9 In response to the objections raised:

I.& 111. Concerns regarding over provision are not a material planning consideration. The concerns relating to the impact on the amenity of the area are considered at paragraphs 8.3 and 8.4 above. It is considered that the proposed change of use would have no significant impact upon the amenity of the area. Planning permission was previously refused for a change of use from video rental shop to hot food takeaway at 27 - 29 Main Street Shotts and for a change of use from a sit in cafe to a hot food takeaway at 43 Main Street, Stane. Both these properties were located closer to dwellings than the unit subject of this application and had limited or no off street car parking provision.

I I . The concerns regarding youths and their potential involvement in anti-social behaviour are not a material planning consideration

111. The concerns regarding the impact on the car parking provision are discussed above in paragraph 8.5. It is considered the existing car parking arrangement would sufficiently absorb the additional hot food takeaway.

9. Conclusions

9.1 In conclusion, it is considered that the proposal is acceptable in terms of policies HSG7, RTL 1, RTL 1 1, and TR 13 given the setting of the application site within a commercial block already containing such a use. It is considered that the proposed use of the existing vacant premises as a hot food takeaway and installation of flue can be accommodated without significant detriment to the surrounding residential area. The proposal is in accordance with Local Plan Policy and not withstanding the objections received it is recommended that planning permission be granted subject to conditions.

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North Lanarkshire Council · 2015. 1. 9. · Recommendation: Refuse for the Following Reasons:- 1....

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