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North Lanarkshire Council DEPARTMENT OF PLANNING AND DEVELOPMENT Plann i ng Ap pl ica t ion s for conside ra t ion of Planning and Development Committee Committee Date : 27th May 1998 Ordnance Survey maps reproduced from Ordnance Survey with the permission of HMSO Crown Copyright reserved
Transcript

North Lanarkshire Council

DEPARTMENT OF PLANNING AND DEVELOPMENT

Pla n n i ng Ap pl ica t io n s for con side ra t io n of Planning and Development Committee

Committee Date : 27th May 1998

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

APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 27th May, 1998

Page No. Application No. Applicant Development/Locus Recommendation

Refuse (P) Residential Development (in outline), former Stonyetts Hospital, Gartferry Road, Moodiesburn

Erection of Dwellinghouse, Extension to Existing Dwellinghouse and Erection of Domestic Garage, 150 Drumcavel Road, Muirhead.

N/97/00332/OUT

N/98/00035/FUL

Greater Glasgow Health Board

3

10 Refuse Joseph McColl

16 N/98/00256/FUL Mr Rody Harvey

23 N/98/00286/FUL Mr R Baird

Formation of Inert Material Recycling Centre with Associated Office Building, Plot 25 Garrell Place, Kilsyth.

Alterations and Extension to Derelict Cottage to form Dwellinghouse within curtilage of Listed Building, Fannyside Mill Cottage, Fannyside Road, Slamannan, Cumbernauld.

Grant

Grant

30 N/98/00506/FUL BOC Distribution Services Extension to Existing Warehouse, including Provision of New Access, Gatehouse and Lorry Hardstandings, BOC Storeshield, Orchardton Road, Cumbernauld.

Grant

Erection of Dwellinghouse (in outline) at Almavale, Forrest Street, Airdrie.

C/97/005 19/OUT

C/98/00334/OUT

C/98/00394/FUL

Mr R Peat Refuse

Refuse

Grant

35

42

47

Erection of Dwellinghouse, (in outline) Dykehead Farm, Dykehead Road, Airdrie.

Mr and Mrs A Codona

Formation of Access and Driveway to Flatted Dwellinghouse (in retrospect), 17 Edward Street, Bargeddie.

Mr and Mrs J Duffy

C/98/00419/FUL

C/98/00489/FUL

S/96/00362/OUT

S/97/00766/FUL

S/98/00326/FUL

S/98/00383/OUT

Safeway Stores PLC Formation of Car Park Extension, Gartlea Road, Airdrie.

Grant

Refuse

Refuse (P)

Refuse (P)

Grant

Grant

52

58

62

74

81

88

Play House Nursery Change of Use of Hairdressers to Children’s Nursery, first floor, 7 Graham Street, Airdrie.

Wimpey Homes Holdings Limited

Residential Development, Branchal Road, Cambusnethan, Wishaw.

Erection of 92 Dwellinghouses, Gateside Park (N2), Branchal Road, Cambusnethan, Wishaw..

Wimpey Homes Holdings Limited

Construction of 14 Flatted Dwellinghouses, 346 Main Streetmean Street, Bellshill.

George Wilson (Stonehouse) Limited

Construction of Drive Thru’ Restaurant and Car Showroom, Bellziehill, New Edinburgh Road, Bellshill.

Highland Properties (Scotland) Limited

92

98

102

105

Molly Blackhall Construction of Dwellinghouse, land adjacent to 18 Hirst Road/ Llynallan Road, Harthill.

Construction of Dwellinghouse, land adjacent to 40 Llynallan Road, Harthill.

Grant

Grant

Grant

Grant

Thomas Leitch

Change of Use of Shop to Hot Food Carry Out, 3 Carfin Street, New Stevenston.

Enrico Caira

Change of use of Storage Building to Children’s Nursery, 2 Grange Avenue, Wishaw.

Scott McClymont

N/97/00332/OUT (P) Refer to Secretary of State S/96/00362/OUT (P) Refer to Secretary of State S/97/00766/FUL (P) Refer to Secretary of State A:\27-MAY.DOC

Application No:

Date Registered:

APPLICANT:

Agent:

DEVELOPMENT:

LOCATION:

Ward No: Grid Reference:

File Reference:

Site History:

Development Plan:

N/97/00332/OUT

20th November 1997

GREATER GLASGOW HEALTH BOARD, 225 BATH STREET, GLASGOW, G2 4JT

James Barr & Son, 213 St Vincent Street, Glasgow, G2 5QH

RESIDENTIAL DEVELOPMENT (OUTLINE)

FORMER STONEYETTS HOSPITAL, GARTFERRY ROAD, MOODIESBURN

68 269492671651

MD

Contrary to Development Plan: Yes

CONSULTATIONS:

Strathkelvin Southern Area Local Plan 1983: E.PRO 1 (environmental protection) and E.PRO 2 (greenbelt): E.PRO 3 (existing developments) Strathkelvin Local Plan (Finalised Draft) 1995: EP 4 (tree preservation orders), EP 12 (greenbelt). North Lanarkshire Council Northern Corridor Local Plan (Consultative Draft) 1998: ENV 6 (Tree Preservation Order - greenbelt location), ENV 8 - 14 (greenbelt policies). Strathclyde Structure Plan: GB I (greenbelt), GB 1A (development in greenbelt), RES 1 (residential development), RES 1A (residential development in greenfield location)

Objection: No Objection: Conditions: No Reply:

REPRESENTATIONS:

East Dunbartonshire Council, Kelvin Valley Countryside Project The Coal Authority Scottish Natural Heritage, West of Scotland Water

Neighbours: Newspaper Advert: Councillor W. Hogg, Moodiesburn Community Council and one local

resident

i/ss/trudy/comaps/9700332

APPLICATION NO: N/97/00332/OUT

1. PROPOSAL AND SITE

The application is in outline for residential development of a 7.3 hectare (approx) site at Stoneyetts Hospital by Moodiesburn. The site mainly consists of land formerly occupied by hospital buildings. It is proposed that the access route is through Council owned land north of Gartferry Road. There are many imposing trees on the site all of which are covered by the Stoneyetts Hospital Tree Preservation Order.

Under the terms of the Strathkelvin Southern Area Local Plan 1983 the site is covered by policies E.PRO 1 (protection of the environment), E.PRO 2 (greenbelt: restriction on new development unless required for agriculture, forestry or outdoor recreation) and E.PRO 3 (redevelopment in the greenbelt must relate to existing use). The site is covered by Policies EP 4 (Tree Preservation Order) and EP 12 (greenbelt: restriction on new development unless required for agriculture or out door recreation) in the Strathkelvin Local Plan (Finalised Draft) 1995.

North Lanarkshire Council have recently approved for consultation purposes the Northern Corridor Local Plan (Consultative Draft) 1998. The Consultation period commenced on 20th April 1998 and will last until 15th June 1998. Within this plan, the site is identified within the greenbelt and as such is covered by several greenbelt policies. ENV 8 provides that the Greenbelt, as shown on the proposals map, will be maintained. Policy ENV 10 contains a presumption against new development in the greenbelt unless required for agriculture, forestry horticulture, nature conservation or other uses which may require a countryside location. Policy ENV 11 identifies a presumption against new residential development in the greenbelt unless it is shown to be necessary in the direct interests of agriculture, forestry, horticulture or other uses appropriate only to a rural area. Policy ENV 6 is also applicable, as it contains a presumption against development which would adversely alter the stability or appearance of protected trees.

Strathclyde Structure Plan identifies the site within the greenbelt (policy GB 1) with a presumption against encroachment of development into the countryside. Policies RES 1 (preference for new residential development on brownfield sites within the urban area), RES 1A (criteria for justifying residential development on greenfield land in the greenbelt) and GB 1A (criteria for justifying development in the greenbelt) are relevant to the application.

National Planning Policy Guidelines on residential development (NPPG3 : Land for Housing) strongly promotes protecting the environment through presuming against development on greenfield sites in the greenbelt. Sustainable development is encouraged by the promotion of housing development on urban land.

2. CONSULTATIONS

Summaries of consultation responses are as follows:

The Coal Authority: No objections

East Dunbartonshire Council: It is recommended that planning permission be refused as the proposal is contrary to established strategic and local planning policy.

Kelvin Valley Countryside Project: Although much of the site is brownfield it is still covered by greenbelt policy and accordingly consent should not be granted. If however outline planning is to be granted recommended conditions are attached. A detailed description of the site and surrounding land is provided.

Scottish/

i/ss/trudy/comaps/9700332

-2- Comments/

COMMENTS:

RECOMMENDATION:

The application is in outline for residential development of a 7.3 hectare (approx) site at Stoneyetts Hospital. The site mainly consists of land formerly occupied by hospital buildings. It is proposed that the access route is through Council owned land north of Gartferry Road, Moodiesburn. There are many imposing trees on the site covered by the Stoneyetts Hospital Tree Preservation Order.

The proposal is contrary to greenbelt policy in the Strathkelvin Southern Area Local Plan 1983 and to greenbelt and Tree Preservation Order policies in the Strathkelvin (Finalised Draft) Local Plan 1995 and in the recently issued North Lanarkshire Council Northern Corridor Local Plan (Consultative Draft) 1998. The above greenbelt policies contain a presumption against new development in the greenbelt unless for uses requiring a greenbelt or countryside location such as agriculture or that redevelopment of formerly developed sites relate to the previous use. It is also contrary to Strathclyde Structure Plan 1995 policies affecting the greenbelt and residential development and National Planning Policy on residential development.

Most of the site previously contained hospital buildings and as such could be described as brownfield land within the greenbelt. It is not however proposed to release this area from the greenbelt through the Strathkelvin Local Plan (Finalised Draft) 1995 nor the Northern Corridor Local Plan (Consultative Draft) 1998 and there are no overriding reasons for a release from normal greenbelt restrictions.

The applicants have offered to enter a Section 75 Agreement to upgrade the bowling green and clubhouse adjacent to the application site and to provide football pitches on adjacent land. It is not however considered that these elements of planning gain outweigh the planning policy and amenity objections to the proposed residential development. Taking account of the above it is recommended that planning permission be refused. It should be noted that, if the Council is minded to grant consent, the application will be required to be referred to the Secretary of State with the Council’s justification for its decision.

Refuse permission for the following reasons

1) The proposal is contrary to policy E.PRO 1 and E.PRO 2 of the Strathkelvin Southern Area Local Plan 1983, in that the proposal has not been shown to be in the interests of agriculture, forestry or outdoor recreation..

3)

The proposal is contrary to policy E.PRO 3 of the Strathkelvin Southern Area Local Plan 1983, in that the proposed development is not consistent with the existing land use.

The proposal is contrary to policies ENV 6, ENV 8, ENV 10 and ENV 11 of the Northern Corridor (Consultative Draft) Local Plan 1998, in that the proposal may adversely affect protected trees, and has not been shown to be required for agriculture, forestry, horticulture or other uses

4) In ilss/trudy/comaps/9700332

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Scottish Natural Heritage: No objections subject to certain requirements such as low density development, retention and management of trees, recognition of the local footpath network and addressing adjacent problems such as flytipping. A detailed description of the local habitat is submitted.

Transportation Manager: No objections in principal

West of Scotland Water: A water supply can be made available. With regard to sewerage no allowance has been made in the adjacent sewerage infrastructure for drainage of this greenbelt site. If development proceeds West of Scotland Water would incur considerable capital expenditure in augmenting and upgrading the existing sewerage infrastructure. It should be noted that the authority is only duty bound to provide sewerage infrastructure where it can be provided at a reasonable cost. Locating a development in close proximity to a sewerage works could cause problems particularly with regard to smell complaints.

3. REPRESENTATIONS

Letters of objection have been submitted by Councillor W Hogg, Moodiesburn Community Council, East Dunbartonshire Council and one local resident. The following points of objection have been made:

The site is within the greenbelt and as such is contrary to structure plan and local plan policies/ Strathkelvin District Council maintained the greenbelt status of the site in its 1995 review of the Local Plan.

- Part of the application site is farmland.

- The hospital grounds are important for outdoor leisure with many footpaths crossing the site/ there are many imposing trees and shrubs on the site with trees being protected by a Tree Preservation Order/ recent woodland planting has taken place in the hospital grounds.

- Moodiesburn infrastructure will be stretched i.e. schools, shops and leisure and recreation facilities.

This further development may contribute to Moodiesburn losing its identity.

- The vagueness of an outline planning application does not allow appreciation of factors such as the number of houses, proposals for the rest of the hospital grounds and the effects on the local environment.

One objector has made the point that if the application was solely for the formerly developed part of the hospital there would be no objections as it would help reduce anti-social behaviour. With appropriate conditions it could aid the protection of local trees and shrubs, the bowling club and the football pitch.

Councillor Hogg has submitted a further letter expressing concern that residential development may be granted on appeal by the Secretary of State. He considers it appropriate therefore to negotiate a residential development which puts considerable local infrastructure in place, which upgrades the local bowling club and which preserves and manages the maximum possible amount of open space.

A letter of representation has been submitted on behalf of the applicants supporting the application on the basis that this is a brownfield site which formerly contained hospital buildings, that there is considerable existing infrastructure, that the site has a blighted appearance, that it is subject to vandalism, and that an improved access will be formed. It is stated that adjacent land within the Health Board ownership will be used for leisure/recreation purposes with landscape maintenance and improvement. It is argued that the proposal is a sustainable form of development.

AI

i/ss/trudy/comaps/9700332

-3-

A master plan has been submitted which indicates the following in addition to the proposed residential development on land outwith the application site but under the control of the applicants.

a. Retain and upgrade the Bowling Club and car-parking/access.

b. Provide new football facility, changing rooms and car-parking.

C. Identify landscaping areas.

d. Upgrade access to the site, to include access into the Bowling Club and new football facility

e. Identify and retain footpaths and promote new footpaths.

f. Effect Maintenance Agreement.

It should be noted that the above masterplan points are not formally part of the application but are statements of intent to which the applicants would be prepared to legally bind themselves or their successors if residential planning permission is granted. Certain proposed developments such as the football facilities would require a separate planning application.

4. OBSERVATIONS

Approximately two-thirds of the application site contained former hospital buildings and as such could be described as brownfield land within the greenbelt. Notwithstanding this description there is no estimated shortage in appropriately zoned housing land or a need for wider housing choice which may justify the release of this greenbelt site for housing.

Part of the application housing site is an open field and any development of this land would detract from the attractive rural local environment.

North Lanarkshire Council approved its development strategy for the Moodiesburn area in 1997 through the Northern Corridor (Consultative Draft) Local Plan 1998. This plan has identified three new housing sites within Moodiesburn. The strategy however opposes residential development at Stonyetts Hospital by retaining the greenbelt zoning. There have been no significant changes in circumstances since the formation of the above strategy which would now justifjr the residential development of this greenbelt site.

The applicants have offered to enter into a Section 75 Agreement with the Council to upgrade the bowling green and clubhouse at Stoneyetts and to provide football pitches for community use. Planning gain such as proposed above is normally only appropriate where the principal of the main development is acceptable and where the gain is related to the development. The proposed planning gain is not however considered appropriate for the current application due to the basic planning objections to the principle of the residential development. It should be noted the value of planning gain is subject to 50% capital clawback. There is no provision in the current Leisure Services budget or any other Council budget to cover this. The proposed football pitch, floodlighting and pavilion being offered would need planning permission and any application would be subject to the usual notification procedures to enable representations to be made.

5 Conclusion/

iiss/tntdy/comaps/9700332

-4-

5 CONCLUSION

Development of the site would be in breach of the existing and recently proposed development plan policies designed to safeguard the amenity of the greenbelt. There would be a loss of local amenity through the development of the open western end of the site. Furthermore approval of this proposal may result in further applications for similar development in the Greenbelt, which could undermine the Council’s Greenbelt policies, It is therefore recommended that planning permission be refused for policy, amenity and precedent reasons.

i/ss/trudy/comaps/9700332

Application No:

Date Registered:

APPLICANT:

Agent:

DEVELOPMENT:

LOCATION:

Ward No: Grid Reference:

File Reference:

Site History:

Development Plan:

NJ98J00035JFUL

12th January 1998

MR JOSEPH MCCOLL 150 DRUMCAVEL ROAD MUIRHEAD GLASGOW G69 9EP

Jas G Aitchison and Son 5 Bourne Street Hamilton ML3 7BW

ERECTION OF DWELLING, EXTENSION TO EXISTING DWELLING AND ERECTION OF DOMESTIC GARAGE

150 DRUMCAVEL ROAD, MUIRHEAD, G69 9ES

69 268711669114

SD

TP/92/520 - Erection of Dwellinghouse. Granted with Conditions 3 February 1993.

Strathkelvin District Southern Area Local plan adopted May 1983: Policies IND5 - Vacant Industrial Land, E.PRO 617 - Areas Unaffected by Specific ProposalsJDevelopment Control in Residential Areas and PH3 - Small Scale Developments. Northern Corridor Consultative Draft Local Plan approved April 1998: Policy IB2 - Established Industrial Areas and HG5 - Residential Development

Contrary to Development Plan: Yes

CONSULTATIONS:

Objection: No Objection: West of Scotland Water, The Coal Authority, S.E.P.A.

(West) Conditions: No Reply:

REPRESENTATIONS:

Neighbours: Newspaper Advert:

COMMENTS:

RECOMMENDATION:

No response Yes

The application is for the erection of a dwelling, a swimming pool extension to an existing dwelling and a domestic garage at 150 Drumcavel Road, Muirhead. The application site lies within an area covered by Industrial Policy IND5, as defined by the adopted Local Plan and impinges further into the existing haulage yard than the curtilage of the existing dwelling. In addition, it is considered that the proposed new dwelling constitutes backland development as it does not have a direct road frontage.

The implementation of this proposal would therefore lead to a loss of land for industry to the detriment of potential economic development in the area. Further, the position of the proposed dwelling would result in a chaotic residential layout to the detriment of the character of the area.

Taking account of the above, it is recommended that planning permission be refused.

Refuse for the following reasons:-

1. The application is contrary to Policy INDS of the Strathkelvin District Southern Area Local Plan adopted May 1983 in that the proposal represents a significant encroachment into industrial land. Such a proposal would, therefore, be to the detriment of industrial development.

2. The application is contrary to Policy PH3 of the Strathkelvin District Southern Area Local Plan adopted May 1983 in that the proposed new dwelling does not have a direct road frontage and, therefore, represents backland development. Such a residential layout would be detrimental to the character of the area.

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

Background Papers:

Application form and plans Strathkelvin District (Southern Area) Local Plan 1983 Strathkelvin District Local Plan (Finalised Draft) 1995 North Lanarkshire Council, Northern Corridor Local Plan (Consultative Draft) approved April 1998. Consultation Responses - The Coal Authority dated 20th January 1998

West of Scotland Water dated 27th January 1998 SEPA (West) dated 27th April 1998

Any person wishing to inspect these documents should contact Sandra Davies at 01236- 6 16466.

APPLICATION NO.: N/98/00035/FUL

1. 1.1

2. 2.1

2.2

2.3

2.4

2.5

2.6

2.7

PROPOSAL AND SITE The application is for the erection of a dwelling, swimming pool extension to an existing house and the erection of a domestic garage at 150 Drumcavel Road, Muirhead. The site lies within the applicants haulage yard and the dwelling is intended to be a manager’s house. The proposed domestic garage contains a caravan storage area, six car parking spaces and a workshop.

OBSERVATIONS The site lies within an industrial area covered by policy IND5 - Vacant Industrial Land, as defined by the Strathkelvin District Southern Area Local Plan adopted 1983. This policy states that “The District Council will support the use of vacant or under- utilised land or premises within industrial concerns for further industrial development subject to local planning criteria being satisfied.

In particular, and without prejudice to the generality of this policy, the following areas are considered appropriate for this purpose: ...( iii) Drumcavel Road, Muirhead.”

The application site has been increased in size since the last application for the erection of a dwelling which was approved by the former Strathkelvin District Council on 3rd February 1993 (Ref: TP/92/520). The current proposal impinges further into the existing industrial area and is therefore contrary to Policy IND5 noted above. It is proposed that the residential site be more than doubled in size at the expense of the industrial yard.

In addition to the proposal being contrary to policy IND5 it is considered that the proposed new dwelling constitutes backland development in that it does not front onto to a road and will therefore appear unrelated to the other properties which face onto Drumcavel Road. In this respect the application is contrary to Policy PH3 - Small Scale Developments of the adopted Local Plan noted above which states “. , .Backland development of plots without road frontage will not be acceptable. .”.

Although the garage appears to be very large for a domestic use, the applicant has advised that this is required to house his collection of classic cars and a caravan. It would be preferable if the size of this garage could be reduced. It is considered that the provision of two separate garages attached to each dwelling would provide a more harmonious and less complicated arrangement.

While the area is also covered by Policies E.PR06/7, as defined by the above plan it is considered that because the proposal would have the effect of reducing the size of the industrial area it is contrary to policy IND5.

Further, the application site is covered by Policy IB2 - Established Industrial Areas, as defined by the Northern Corridor Consultative Draft Local Plan approved April 1998. This policy states that “...there will be a presumption in favour of General Industrial, Distribution, Storage or Class 4 Business Uses where appropriate. Proposals for development incompatible with their primarily industrial and business

2.8

2.9

2.10

2.1 1

3. 3.1

3.2

4. 4.1

use will not be allowed.” It is also noted in Policy HG5(5) that backland development will not be acceptable.

The applicant had argued that a manager’s house is required on-site because the haulage yard can be a 24 hour operation and thus the availability of the plant manager needs to be guaranteed. It is not, however, accepted that a new house is justified on these grounds. It is considered that it would be equally practical to have a manager resident in accommodation close by.

The applicants are aware of the problems with this application, namely that the proposal is contrary to the industrial policy within the adopted local plan and that the proposed dwelling does not have a direct road frontage. In addition, the applicant was advised that it was considered that the garage appeared to be over large for a domestic garage and that it would be preferable to have a small garage for each dwelling.

The agent submitted preliminary plans for discussion showing an amended position for the manager’s house and two smaller garages. This amendment also incorporates further detail on the east elevation of the swimming pool. In response to these plans the agent was advised that while the amendments to the extension and the garages represented an improvement, it was still considered that the repositioned dwelling represented backland development. It was suggested that the applicant consider withdrawing the new dwelling element of the application to allow for consideration of the remaining items.

In a letter dated 3rd April 1998, the agent requested that the application be continued for a month to allow the applicant time to decide what course of action to take. Since this time, however, the applicant has not been in contact with this Department. The applicant has. therefore, been advised that the planning application is to be decided as it stands.

CONSULTATIONS AND REPRESENTATIONS The proposal has been advertised as being contrary to Industrial Policy IND5 of the adopted Local Plan noted above. No objections or representations have been received as a result of the above advert, the neighbour notification process or the consultations.

The Transportation Section of this Department have no objections subject to conditions. They have advised it would be preferable to relocate the industrial access site to a minimum of 40 metres from the residential access.

CONCLUSION In summary, the proposal is contrary to two policies contained within the both the adopted Local Plan and the Northern Corridor Consultative Draft Local Plan. It is, therefore, recommended that planning permission be refused.

Application No:

Date Registered:

APPLICANT:

Agent:

DEVELOPMENT:

LOCATION:

Ward No: Grid: File Reference: Site History:

Development Plan:

Contrary to Development Plan:

CONSULTATIONS:

Objection: No Objection: No Reply: Conditions:

REPRESENTATIONS: Neighbours: Newspaper Advert:

COMMENTS:

RECOMMENDATION:

26th. February 1998

MR. RODY HARVEY, 5 FINDLAY STREET, KILSYTH G65 OND

Triangle Building Consultants Ltd., 1A Mamre Drive, California, by Falkirk FK12BP

FORMATION OF INERT MATERIAL RECYCLING CENTRE WITH ASSOCIATED OFFICE BUILDING

PLOT 25, GARRELL PLACE, KILSYTH

63

MD None

271 138 - 677621

Zoned Industrial in the Kilsyth Local Plan 1983 and the Kilsyth Local Plan (Finalised Draft) 1998

No

East of Scotland Water, West of Scotland Water, The Coal AuthoriQ

Director of Environmental Services

None None

The application is for an inert material recycling centre at Plot 25 Garrell Road, Kilsyth.

The site is identified for industrial purposes in the Kilsyth Local Plan 1983 and the Kilsyth Local Plan (Finalised Draft) 1998. No objections have been received from consultees. It is recommended that planning permission be approved subject to conditions.

Grant subject to the following conditions:-

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

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

2. That/

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2. That only inert materials of the following type which can not be windblown shall be recycled: glass, ceramics, wood, brick, concrete, stone, metal and plastic (or any other types of materials which may be approved in writing by North Lanarkshire Council acting as Planning and Environmental Services Authority): no oils, asbestos, food or any materials of a toxic nature shall be recycled at the site.

Reason: In the interest of the proper planning and general amenity of the area.

3. That all recycling materials shall be transferred out of the site within two months of entry.

Reason: In the interest of the proper planning and general amenity of the area.

4. That there shall be no burning of materials on the application site.

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

5 . That no noise nuisance shall eminate from the site with nuisance being as defined by North Lanarkshire Council as Planning and Environmental Services Authority.

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

6 . That all works shall be to the satisfaction of the Scottish Environmental Protection Agency and North Lanarkshire Council as Planning and Environmental Services Authority.

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

7. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-

(a) details of any earth moulding and hard landscaping, grass seeding and turfing;

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

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

(d) details of the phasing of these works.

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

8. That within one year of the commence of works hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 7 above, shall be completed and any trees, shrubs or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

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

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

10. That the portacabin hereby permitted shall be removed and the land restored to its former condition or shall be replaced by a permanent building approved by the Planning Authority within two years of the granting of this permission.

Reason: In the interest of visual amenity due to the temporary appearance and nature of the portacabin building.

11. That within one year of the grant of this permission a planning application shall be submitted for a loadinglunloading and storage building; the approved building shall be brought into use within one year of its grant of planning permission.

Reason: In order to reduce potential noise and wind blown material nuisance.

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

Reason/

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

13 That before the development starts, details of a scheme, which provides sufficient space within the curtilage of the application site for:-

(a) the parking and manoeuvring of five cars; (b) the loading and unloading of commercial vehicles, and (c) the provision of turning areas so that all vehicles enter

and leave the site in forward gear shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

14 That before the development hereby permitted is completed or brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in 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: To ensure the provision of adequate parking facilities within the site.

15 That the connection to Garrell Place shall be via 4.5m radius kerbs with pedestrian crossing points; the road construction for the first 2m of the access (i.e. the public road) shall be to industrial standard and shall be to the satisfaction of North Lanarkshire Council as Roads and Planning Authority; a flush kerb shall be provided to the rear of the public section for demarcation purposes.

Reason: In the interests of public safety.

List of Background Papers:

Application form and plans Kilsyth Local Plan 1983 Kilsyth Local Plan (Finalised Draft) 1998 Consultation letters from East of Scotland Water, West of Scotland Water, The Coal Authority Consultation memos from the Director of Environmental Services

Any person wishing to inspect these documents should contact Martin Dean on 01236-616459

APPLICATION NO: N/98/00256/FUL

1.

1.1

2.

2.1

3.

3.1

It/

PROPOSAL AND SITE

The application is for an Inert Material Recycling Centre with associated office building at Plot 25 Garrell Place, Burnside Industrial Estate, Kilsyth. The site has had no previous industrial use.

Under the terms of the Kilsyth Local Plan 1983 the site is identified as industrial land covered by Policy 5.13B which presumes in favour of General Industrial Use. The Kilsyth Local Plan (Finalised Draft) 1998 identifies the site as a new industrial area covered by Policy IB3 which supports development for industrial purposes.

CONSULTATIONS AND REPRESENTATIONS

Summaries of consultation responses are as follows:-

East of Scotland Water: Water details supplied West of Scotland Water: There are public sewers in the vicinity The Coal Authority: No adverse comments Head of Protective Services (Environmental Services): No objections subject to there being no noise nuisance. Transportation Manager: No objections subject to conditions relating to parking, turning and entrance detail.

The application was advertised in the 4th. March 1998 Kilsyth Chronicle. No objections were received.

OBSERVATIONS AND CONCLUSIONS

Although the application was originally submitted solely for glass recycling, the applicant has widened this to seeking permission for recycling of a variety of inert materials. This includes glass, ceramics, brick, stone, wood and metal. A planning condition prohibits material that could cause wind blown nuisance.

The submitted plans originally showed a possible storage building. This is however a future proposal and is not covered by this application. It would be advantageous in the long term to have such a building to cut down on any potential noise and wind blown nuisance.

It is proposed that materials such as glass be brought onto the site, that they be sorted into various grades of re-usable materials which will then be forwarded to future users and that any residual materials of no commercial value be taken to a landfill site. It is considered that the principle of such a use is acceptable. Details such as parking, turning and landscaping are acceptable.

Further elevational information is required on the proposed portacabin office and fences. The applicant has agreed to a temporary two year permission for the portacabin due to its temporary form of construction and its basic design.

Concern has been expressed about potential noise nuisance from the handling of glass. Although this is recognised as a use generating noise, it is considered that such noise is almost certainly acceptable in this industrial estate location. A planning condition is however being recommended requiring that the operations cause no noise nuisance with nuisance being formally determined by the Council as Environmental Services and Planning Authority. If there is a significant noise problem this can also be taken up separately through environmental health regulations.

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It is considered that the proposed recycling use is acceptable on the site and as such it is recommended that permission be granted subject to conditions.

Application No: N/98/00286/FUL

Date Registered: 2nd March 1998

APPLICANT:

Agent:

MR R BAIRD, 111 KIRKFIELD EAST, LIVINGSTONE VILLAGE, LIVINGSTONE, EH54 7BB

George Walker Building Design Services, 41 Woodlands Bank, Dalgety Bay, Fife, KY 11 5SX

DEVELOPMENT: ALTERATIONS AND EXTENSION TO DERELICT COTTAGE TO FORM DWELLING WITHIN CURTILAGE OF LISTED BUILDING)

LOCATION:

Ward: Grid Reference: File Reference: Site History:

FANNYSIDE MILL COTTAGE FANNYSIDE ROAD SLAMANNAN CUMBERNAULD FK13DU

56 280982 673373 MS No Applications of Relevance

Development Plan Contrary to Development Plan: No

Cumberauld Local Plan Policies EN13-15 (Green Belt)

CONSULTATIONS: Objection: No Objection

No Reply: Conditions:

REPRESENTATIONS: Neighbours: Newspaper Advertisement:

COMMENTS:

Architectural Heritage Society Of Scotland East Of Scotland Water West Of Scotland Water S.E.P.A.(West)

S.E.P.A. (East) West Of Scotland Archaeology Service

No Response No Response

The application site comprises a derelict cottage which sits within the curtilage of the Category B Listed Building, Fannyside Mill. The cottage has been vacant for a number of years and has been subjected to vandalism in that time. The applicant has acquired both the mill building and the cottage and proposes to refurbish and extend the cottage for residential use. The Architectural Heritage Society Of Scotland objected to the proposal on the basis of some aspects of the design of the proposed extension. Amended plans have been submitted which are acceptable in terms of design and specification.

RECOMMENDATION: Grant, subject to the following conditions:

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

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

2. That all new windows shall match the originals in all aspects of their design including materials, profile and opening method, and shall have a painted finish, to the satisfaction of the Planning Authority.

Reason: In the interests of the amenity of the building and to safeguard the character of the setting of the adjacent Listed Building.

3. That, as shown on the approved plans, all new and replacement rainwater pipework shall be constructed in cast iron.

Reason:In the interests of the amenity of the building and to safeguard the character of the setting of the adjacent Listed Building.

4. That before the development starts the final colours of all external paintwork shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

5 . That the proposed front entrance porch shall have a painted, timber finish to the satisfaction of the Planning Authority.

Reason:In the interests of the amenity of the building and to safeguard the character of the setting of the adjacent Listed Building.

6. That before the development hereby permitted starts, full details and/or samples of the natural slate to be used on all roofs and the pre-cast cills to be used in all window openings shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: In the interests of the amenity of the building and to safeguard the character of the setting of the adjacent Listed Building.

7. That before the commencement of rendering works on site, a 1 metre square sample of the proposed wet dash render finish shall be provided for inspection by, and approved in writing by, the Planning Authority, including any modifications as may be required.

Reason: To enable the Planning Authority to consider these aspects in detail and to safeguard the character of the adjacent Listed Building.

8. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the use of the refurbished garage shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site and no commercial activity shall be carried out, in, or from, the garage.

Reason: To safeguard the amenity of the area.

9. That within three months of the occupation of the dwelling, the applicant shall install a water intercept at the junction of his access with the public road to prevent run-off water from entering the public road.

Reason: In the interests of traffic safety.

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

Reason: To enable the Planning Authority to consider these aspects in detail and to safeguard the character of the adjacent Listed Building.

11. That within one year of the occupation of the dwelling

hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of Condition 10 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within 2 years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

List of Background Papers: Application form and plans received 2nd March 1998 Consultation Response from S.E.P.A.(East) dated 12th March 1998 Consultation Response from West Of Scotland Water dated 23rd March 1998 Consultation Response from Architectural Heritage Society Of Scotland dated 26th March 1998 Consultation Response from East Of Scotland Water dated 2nd April 1998 Consultation Response from West Of Scotland Archaeology Service dated 7th April 1998

Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473.

APPLICATION NO. N/98/00286/FUL

REPORT

1.

1.1

1.2

2.

2.1

3.

3.1

3.2

3.3

3.4

3.5

3.6

D-1

The application comprises a derelict cottage which sits within the curtilage of the Category B Listed Building, Fannyside Mill. The cottage has been vacant for a number of years and despite its remote location, has been subjected to vandalism in that time. Fannyside Mill has been unused for a far greater period and has also suffered from vandalism and lack of maintenance.

The applicant has acquired both the mill building and the cottage and proposes to refurbish the cottage for residential use. The existing cottage provides very limited accommodation and has no toilet or bathroom facilities. The applicant proposes to add a small extension to provide a viable dwelling.

Development Plan

The property is covered by Green Belt Policies in the Cumbernauld Local Plan (EN 13-15). These policies aim to protect the green belt area from unrelated new development whilst encouraging the restoration of existing buildings of vernacular interest to form dwellings.

Remesentations and Consultations

The Architectural Heritage Society objected to the location of the extension at the front of the property, the loss of the original glazing patterns and the use of velux windows. Unfortunately because of restrictions in land available to the rear of the property this extension has to be positioned at the front of the property. Whilst not ideal, it is important that this building is brought back into use, both to prevent further deterioration of the building itself and to provide security for the adjacent mill building.

Amended plans have been submitted which reduce the number and size of velux windows and show them recessed into the roof plane to minimise their impact. The amended proposals also respect the original glazing patterns.

The Transportation Manager required an increase in the width of the first 10 metres of the access from 3.5 metres to 4.5 metres. This is reflected in the submitted amended plans.

The West of Scotland Archaeology Service have requested that a condition be imposed on any planning permission granted requiring an Archaeological Survey of the property be undertaken prior to the commencement of work. In particular they are concerned that the proposed drainage and sewerage installations will destroy evidence relating to the route and construction of the mill lade.

The applicant has indicated that he is strongly opposed to funding an archaeological survey and is unwilling to accept a condition on any planning permission. Whilst the cost of such a survey is not great in relation to the total cost of the refurbishment, the applicant has indicated that he may withdraw his interest in the project if this requirement is pursued.

No representations were received.

4.

4.1 The proposed development is in accordance with Local Plan policy in terms of the Green Belt area. In terms of the majority of points raised by consultees, satisfactory amended plans have now been received. This only leaves the question of the requirement for an archaeological survey.

4.2 Whilst an archaeological survey could provide important information on the workings of the mill, this is of only minor importance when compared with the possibility of the mill building itself being lost through continued decay and vandalism. The mill lade could only be considered to be of minor interest in terms of the industrial archaeology of the area if the mill itself were no longer there.

4.3 Approximately two years ago, local architect and historian John Kirkhope carried out similar survey work on the mill lade on behalf of a previous potential developer. At the request of the Planning Manger he has agreed to make this survey work available to the West of Scotland Archaeology Service and the National Monuments Record for Scotland.

4.4 It should also be noted that Historic Scotland did not consider the mill cottage to be of sufficient interest to be added to the List of Buildings of Architectural or Historic Merit when it became vacant. This position was not altered when their industrial archaeologist was contacted by John Kirkhope in 1996.

4.5 In terms of the current application, it is considered more important to secure the future of Fannyside Mill by bringing the cottage back into use to increase security and to allow the owner to complete this phase of his proposal and prepare proposals for the future use of Fannyside Mill. I believe that the survey which can be made available by Mr Kirkhope adequately address the requirements of the West of Scotland Archaeology Service. I would recommend, therefore, that permission be granted.

Application No: N/98/00506/FUL

Date Registered: 21st April 1998

APPLICANT:

Agent:

BOC DISTRIBUTION SERVICES, VICTORIA HOUSE, VICTORIA STREET, ALDERSHOT, HANTS, GU11 1ET

Burks Green And Partners, Sherwood House, Sherwood Avenue, Newark, Notts, NG24 1QQ

DEVELOPMENT: EXTENSION TO EXISTING WAREHOUSE, INCLUDING PROVISION OF NEW ACCESS, GATEHOUSE AND LORRY HARDSTANDINGS.

LOCATION:

Ward: Grid Reference: File Reference: Site History:

BOC STORESHIELD ORCHARDTON ROAD CUMBERNAULD G68 9LB

61 271526 672949 MS No Applications of Relevance

Development Plan:

Contrary to Development Plan: No

Cumbemauld Local Plan Policies IB1, 2 & 4 (Industrial & Business)

CONSULTATIONS: Objection : No Objection: The Coal Authority

West Of Scotland Water

No Reply: British Gas Transco Scottish Power East Of Scotland Water

Conditions:

REPRESENTATIONS: Neighbours: No Response Newspaper Advertisement: Not Required

COMMENTS: The applicants propose to extend their existing warehouse and create a new vehicular access and additional parking. The proposed extension would add 10 850 square metres of floorspace to the existing warehouse which extends to 34 500 square metres. The warehouse lies within an established industrial area and adequate parking and site circulation facilities are proposed. A Traffic Imapct Analysis is required because of the ammount of additional floorspace proposed and the potential additional vehicular movements this could generate within the area. Conditions are proposed which require the applicant to produce a

RECOMMENDATION:

Traffic Impact Analysis and carry out any identified road or junction improvements. The proposed extension will allow a significant expansion and improvement in the existing operational facilities of the depot. This will help to secure existing jobs and the continued presence of this company, whose main business is the distibution of goods for Marks and Spencer, in the Cumbemauld area. No objections or adverse consultation responses were received.

Grant, subject to the following conditions:

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

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

2. That within two months of the date of this consent, a Traffic Impact Study, which shall be undertaken in accordance with the requirements of the Planning Authority shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

3. That within three months of the date of this consent, a Schedule of Works, based on the findings of the Traffic Impact Study required under the terms of Condition 2, and covering the improvement and upgrading of the carriageway and junctions along the route indicated green on the approved plans shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: In the interests of the proper planning of the area and traffic and pedestrian safety.

4. That within one year of the date of this consent, all works idenitified in the Schedule of Works approved under the terms of Conditions 3 shall be completed.

Reason:In the interests of the proper planning of the area and traffic and pedestrian safety.

5. That no consent is hereby granted in respect of the proposed new vehicular access, and that within two

months of the date of this consent a revised block plan shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- a) revised details showing the new vehicular access of no more than 17.5 metres in width b) revised details showing a central crossing island to be constructed on the line of the Orchardton Road pavement c) revised details showing the entrance gate no less than 32 metres back from the channel line of Orchardton Road.

Reason: In the interests of traffic and pedestrian safety.

6. That within three months of the final approval of the access scheme submitted under the terms of Condition 5 , all works shall be completed to the satisfaction of the Planning Authority.

Reason: In the interests of traffic and pedestrian safety

7. That a visibility splay of 4.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of public safety,

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

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

9. That within three months of the date of this consent, a

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

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

10. That within one year of the occupation of the extension hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within three years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity.

11. That within three months of the date of this consent full details of the proposed fuel island and canopy, vehicle wash point and retaining wall shall be submitted to and approved in writing by, the Planning Authority, including any modifications as may be required.

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

List of Background Papers: Application form and plans received 8th April 1998 Consultation Response from West of Scotland Water dated 28th April 1998 Consultation Response from The Coal Authority dated 5th May 1998 Amended Plans received 1 l th May 1998

Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473.

Application No. C/97/00519/OUT Date Registered 10 December 1997 APPLICANT MR R. PEAT, ALMAVALE, FORREST STREET, AIRDRIE

Agent DEVELOPMENT LOCATION ALMAVALE, FORREST STREET, AIRDRIE

Quinn McMahon Design, 775 Boydstone Road, Glasgow G46 8QP ERECTION OF A HOUSE (IN OUTLINE)

Ward No. 50 Grid Reference 277545 - 665410

File Reference C/PL/AIF7140240000/GB

Site History App N0.86/114 Alterations to flat and garage extension App No.93/232 Replacement windows in upper floor flat App No 93/532 Two double garages have been built within the site to serve the

existing flats.

In 1987 (App No 87/302) an identical proposal for a house in the rear garden of the property was refused planning permission because the access to the site was unsuitable and that the proposal did not comply with the Council’s policy for backland development.

In 1995 a further application for the erection of a house in the front garden area of the property (App No 95/565) was also refused. The reasons for refusal were on the basis that the proposal did not comply the Council’s Design Guidance for “Infill Housing” and policy HG9 of the Adopted Monklands District Local Plan 1991.

Development Plan Policies HG9, ENVl5/2 and ENV16/E/G of the adopted Monklands District Local Plan 1991

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection British Gas Conditions No Reply Scottish Power

The Coal Authority, West of Scotland Water Authority

REPRESENTATIONS

Neighbours Two

Newspaper Advertisement No Response

COMMENTS The application site comprises a large two storey sandstone villa which has been subdivided to form two flats. It is served by a narrow access onto Forrest Street and is located within the Drumgelloch Conservation Area.

v

OUTLINE) AT ALMAVALE, FORREST STREET, AIRDRIE

Outline planning permission is sought to erect a house in the rear garden area of the property. The development of the site for a further house, making a total of three, would require the upgrading of the access to the site. This would mean the widening of the access, the creation of a passing place on the drive and improvement of the visibility sight lines at the junction. This is technically feasible utilising the garden ground to the side of the access road. However, this is subject to the agreement of the landowner who is the resident of the lower flat.

Two similar proposals have been refused planning permission and there has been no change of circumstance which I consider sufficient to reverse the previous recommendations. For this reason, having taken account of the terms of the Local Plan and the concerns of the neighbouring residents I do not consider the development of this plot to be acceptable and would recommend that outline planning permission be refused.

RECOMMENDATION

Refuse planning permission for the reasons on the attached sheet

List of Background Papers

Application forms and plans received on 9 December 1997 Letter of objection from McAuley, McCarthy & Co. on behalf of Mr & Mrs Cookman, 37 Colston Gardens dated 8 January 1998 Letter of objection from Mrs E Hamilton, 17 Meadowside Gardens, Airdrie dated 8 January 1998 MrMrs Watt, 16 Meadowside Gardens, Airdrie dated 8 January 1998 and MrMrs Woods, 15 Meadowside Gardens, Airdrie dated 7 January 1998

REASONS FOR REFUSAL

1. The proposed development would be contrary to the following policies of the adopted Monklands District Local Plan 1991:

HG9 (A): In existing residential areas, and in new housing areas, there will be a presumption against development which is likely to adversely affect the amenity of the area or is not clearly of a nature ancillary to housing.

HG9 (B): In general infill and “backland” housing development will not be acceptable to the District Council where such sites do not have a road frontage for both the existing and proposed houses or where such development would result in two dwellinghouses sharing the same private road or driveway.

2. The proposed development by nature of its “backland” location would also be contrary to the relevant Design Guidance on “Infill Housing” which forms part of the adopted Monklands District Local Plan 1991 in respect of the following:

(a) the size of the proposed house plot would be out of scale, in relation to the existing house and garden size;

(b) the proposal would represent piecemeal development within the site; and,

(c) by developing the rear garden of the property the amenity space for the upper floor flat of Almavale will be substantially reduced to the extent that the remaining space is unsatisfactory.

3. The upgrading of the existing access to provide the appropriate standard would require the alteration of the existing 1.8m high stone boundary wall and gate. The necessary widening of the drive could have an adverse effect on the adjacent mature trees by upsetting the root network and thus the health of the trees. Both requirements would be detrimental to the historical, architectural and landscape character of this individual property and to the Drumgelloch Conservation Area as a whole and therefore contrary to policies ENV 15/2 and ENV 16/E/G of the adopted Monklands District Local Plan 1991.

The proposed house, by nature of the existing site levels being higher than those of the site to the south, would be detrimental to the privacy and residential amenity of the property on Colston Gardens to the south.

4.

5. While the previously refused applications on this site did not include the access improvements contained in the current application this factor is not sufficient justification to reverse the consistency of the previous decisions to refuse permission.

APPLICATION NO. C/97/00519/OUT

REPORT

1

1.1

1.2

1.3

2.

2.1

3

3.1

4.

4.1

4.2

4.3

5

5.1

5.2

THE APPLICATION SITE AND ITS LOCATION

The application site comprises the rear garden ground of the property known as Almavale on the south side of Forrest Street in Airdrie. Almavale is a large two storey sand stone villa which has been subdivided into two flats. The upper floor flat, the applicants property, has the rear garden feued to it whilst the front garden has been feued to the ground floor flat. The property and the application site are accessed by a shared driveway which exits onto Forrest Street.

The shared driveway is approximately 3.0m wide. The access to Forrest Street is formed by two stone pillars that are part of a 1.8m high stone wall that runs along the boundary of the property.

The application site extends to an area of 1000m2. It is bounded on the south by the housing development of Colston Gardens, on the west by the cottage at 14 Forrest Street and on the east by the sheltered housing development at Meadowside Gardens.

DESCRIPTION OF THE PROPOSAL

The applicant is seeking outline planning permission for the erection of a house in the rear garden of the property. As it is an outline application there are no details on the type of house proposed, only an indication of the proposed site area. It is proposed to access the new plot from the existing shared driveway.

CONSULTATIONS

Neither Scottish Gas or West of Scotland Water have any objections to the proposal, although the Water Authority have indicated that there is a sewer running through the site and this may restrict any development of the plot. The Coal Authority have indicated that there is previous underground workings in the vicinity of the site but that ground movement should have ceased.

REPRESENTATIONS

Two letters of representation have been received from neighbours of the site.

The owner of the property to the rear of 37 Colston Gardens is concerned that the development would adversely affect the character of the surrounding area and would adversely affect the privacy and amenity of their own property

The residents of the sheltered housing in Meadowside Gardens have indicated that they have no objections to the development of the plot but would not wish the new house to overlook or over shadow their own.

POLICY CONTEXT

The application site is covered by three policies of the adopted Monklands District Local Plan 1991, namely; HG9, ENV15/2, ENV16/E/G.

Policy HG9 allocates the area as an ‘Existing Housing Area’. This gives a presumption in favour of residential development but that development must not be detrimental to the amenity of the surrounding area and that infill development will only be acceptable where is complies with the terms of the Council Design Guidance.

5.3

5.4

6.

6.1

6.2

6.3

6.4

6.5

Policies ENV1512 and ENV16/E/G relate to the site being located within the Drumgelloch Conservation Area. These policies define the boundary of the Conservation Area and indicate that generally a higher standard of design will be required for new development within the Area and that the overall character of the surrounding buildings should be maintained and enhanced.

As mentioned above, part of policy HG9 states that infll development should comply with the terms of the Council’s design guidance on the matter. This states:

‘Yn general the backland development of plots without a road frontage will not be acceptable. Backland development is defined as a proposal to erect a new house within the grounds of an existing house where either the new or the existing house would be to the rear of the front building line of the forwardmost house on the originalplot.

It is preferred that each house should have its own vehicle access onto a road, but in any case no more than two houses will be allowed to access off the same private driveway or road which is not proposed to be constructed. ........ as set out in.... “Guidelines for Development Roads” i.e. 5.5 metres wide (wide enough to allow two vehicles topass) and to have a footway along at least one side.”

CONSIDERATIONS

The main issues in determining this application are the extent to which the proposal would result in unsatisfactory “backland” development contrary to the Council’s Design Guidance for Idill Development, the acceptability of upgrading the access to the plot and the impact of the development in terms of loss of privacy and residential amenity to the existing properties.

The property of Almavale is currently divided into two flats which are accessed from an existing shared driveway onto Forrest Street. If a further house is built within the site the Council’s Design Guidance suggests that the access onto Forrest Street will have to upgraded. This is dependant on the agreement of the landowner of the garden ground adjacent to the access who occupies the lower flat. To date a verbal agreement only is in place. In such circumstances any grant of permission would require the imposition of a suspensive condition to prevent a site start until the access/driveway improvement was undertaken. A turning space within the proposed plot would also be essential.

Further to this if the access to the site were to be widened it would require the demolition of a section of the existing stone boundary wall and stone gate piers. This boundary wall and gate piers are a prominent part of this part of the Drumgelloch Conservation Area where the application site is located. I feel that to demolish this part of the wall and the gate piers would be detrimental to the amenity of the Conservation Area.

The widening of the access to provide a passing place and the improvement of the visibility sight line would also require the infilling of the site to meet the adjoining road level and the possible removal of at least one mature tree on the front boundary of the site. I believe that the infilling of the site would cause damage to the root network of the existing mature trees on the site which would adversely affect the health of the trees. If the development required any trees to be removed or resulted in the trees dying I consider that this would also be detrimental to the amenity and character of the property as well as the Conservation Area as a whole.

The second major concern is that the proposal will result in “backland’ development. This in itself would adversely affect the character and amenity of the site and the surrounding area. The proposal is contrary to the advice given in the Council Design Guidance for “Infill Housing” and there are a number of key points that cause concern:

(a) The proposal will result in nearly all of the garden ground of the current applicant’s property being lost, only 60.0m2 would remain for a large family home and the large part of this area is a double garage site and a planted banking. The Council’s Design Guidance for ‘Infill Housing’ states that the development of a new house should not result in the existing house having a serious loss of garden ground. In this respect the proposal would be further detrimental to the amenity of the existing property.

(b) The newly formed plot would also be out of scale with the surrounding plots in that this part of the Conservation Area which is characterised by large garden plots and substantial buildings.

(c) The rear garden of Alma Vale has a distinct slope downhill from north to south. This results in the house plot being at a higher level than the adjacent houses to the south at Colston Gardens. I consider that the proposed development would result in a house that would dominate this rear garden area and would have a detrimental affect on the privacy and residential amenity of the neighbouring house to the south on Colston Gardens.

(d) Another significant point to raise is that there has been a history of proposals for development for houses within the garden ground of Almavale. All were refused planning permission by the previous Monklands District Council. The first application was in 1987 and was almost identical to the one under consideration now. At that time it was considered that the access to the site was not sfliciently wide enough or of the correct gradient to allow safe entry and exit for vehicles to and from the site. The proposal also did not comply with the policies of the District Council at that time for idill or ‘backland’ housing development, During the course of the current application the applicant has submitted draft proposal to upgrade the access to 4.5 metres wide for the first ten metres or so. Currently this only has the verbal agreement of the neighbour.

(e) In 1995 a proposal to erect a house in the front garden of the property was also refused planning permission. Similar reasons for the refusal in 1987 were given in that the access arrangements were unsuitable and that it did not conform to policy advice on infll development. In this case, however, a number of mature trees were to be felled and this was considered to be detrimental to the setting of the house and to the character of the Conservation Area.

6.6 As it currently stands the Council’s policy for infill or ‘backland’ housing development has not changed significantly since 1987 and while alterations have been proposed to the access, I do not consider that these are a signifcant material change to satisfy fully the points of the Council’s Design Guidance on ‘‘Infill Housing” on which the previous proposals that have been refused planning permission.

CONCLUSIONS AND RECOMMENDATION

7.1 In view of the foregoing I do not feel that the proposal is acceptable. In its current form the development will be detrimental to road and pedestrian safety and to the amenity of the existing and adjacent property. By improving the junction of the driveway with Forrest Street the development and associated works described above would have an adverse affect on the character of the Drumgelloch Conservation Area. I therefore recommend that planning permission is refused.

Application No. Date registered APPLICANT

Agent DEVELOPMENT LO CAT10 N

Ward No. Grid Reference

File Reference

Site History

Development Plan

Contrary to Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours

Newspaper Advertisement

COMMENTS

C/98/003 3 4/0UT 6 March 1998 MR & MRS A CODONA

Mr H R Cartwright, 39 Craigson Place, Airdrie ERECTION OF DWELLINGHOUSE (IN OUTLINE) DYKEHEAD FARM, DYKEHEAD ROAD, AIRDRE

43 277240667420

C/PL/AID924/CM

C/96/172 Erection of Associated Shop, Restaurant and Toilet Block. Granted subject to conditions - 18 September 1996.

Use of land as Tourist Caravan Park and Children’s Farm including

Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by the following policies.

GB 1 CU1/5 Landfill Gas LI 1/4 Low Quality Landscape

Restrict Development in Green Belt

Yes

West of Scotland Water, The Coal Authority S.E.P.A.

No response

No Response

Planning permission is being sought in outline for the erection of a dwellinghouse on ground located south of Dykehead Farm, Dykehead Road, Airdrie. The dwellinghouse would be provided in association with a proposed Tourist Caravan Park (ref. planning consent (C/96/172). The applicant has advised that the house would be occupied by a full time site manager. Following consideration of the application I would conclude that the proposed site manager’s house would not be considered essential to the operation of the Tourist Caravan Park. The proposal cannot be justified under the terms of Policy GBl and as such it is recommended that planning permission be refused.

R9800334.DOC

Drumshangie Moss

- 2 -

RECOMMENDATION

Refbse on the following grounds:

1. That the proposed dwellinghouse is considered to be contrary to the terms of Policy GB 1 of the Adopted Monklands District Local Plan as the proposed dwellinghouse is not essential to the operation of a Tourist Caravan Site.

2. That the proposal is contrary to the specific terms of Planning Consent C/96/172, condition no. 8 which precludes the establishment of a permanent residence on the application site.

List of Background Papers

- Application Form and Plans - - Adopted Monklands District Local Plan 199 1

Letter from Applicant’s Agent dated 2 March

Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr Colin Marshall.

R9800334.DOC

APPLICATION NO. C/98/00334/OUT

REPORT

1.

1.1

1.2

1.3

1.4

2.

2.1

2.2

3.

3.1

3.2

3.3

SITE DESCRIPTION AND PROPOSALS

The application site consists of a large tract of ground attached to Dykehead Farm, Dykehead Road, Airdrie. The site extends to some 4.95 ha. and includes the existing farm buildings and adjoining grazing land.

The current proposals are in outline and relate to the erection of a detached dwellinghouse located some 15 metres south of the main farmhouse. The applicant has advised that the dwellinghouse would be occupied by a full time employee responsible for the management of a proposed Tourist Caravan Park and Children’s Farm. (Planning Consent (396472). It is considered by the applicant that the caravan park would require 24 hour supervision.

The applicants have advised that the proposed dwelling would be tied to the Caravan Park and would be constructed of high quality materials to reflect a rural cottage design. It is further envisaged by the applicant that the proposed dwellinghouse would be constructed in tandem with the Caravan Site and Toilet Block building to ensure a quality service to tourists.

It should be noted that the Caravan Park as described above has not yet been developed.

CONSULTATIONS

Following the consultation period no objections were received from West of Scotland Water or S.E.P.A.

The Coal Authority advised that the site is located within a likely zone of influence of shallow coal workings and that there is record of 4 mine entries located within 20 metres of the application site.

ASSESSMENT

Under the terms of the Green Belt policy GB1 new houses are only normally permitted for full time workers in connection with either forestry or agricultural use. Even then there are a number of criteria an applicant requires to meet before a proposal for a new house would be acceptable. For example, an agricultural worker’s house would require the support of the Department of Agriculture and Fisheries or supported by a report submitted by the Scottish Agricultural College. In addition an applicant would need to demonstrate there is no house, building plot or building suitable for conversion nearby or within a nearby settlement. Having satisfied those criteria the applicant would also need to enter into a Section 75 Agreement to restrict the occupancy of the new house to a full time worker and provide a development which conforms to the Council’s Design Guidance.

In this instance the proposed house is not required for an agricultural or forestry use but is considered by the applicant to be necessary to support his proposal to develop a Tourist Caravan Park. As this particular proposal is an acceptable green belt use (refer planning consent C/96/172) I consider it would be appropriate to assess the current application under the terms of the green belt criteria as noted above.

The applicant has advised that it would be his intention to develop both the Caravan Site and the new dwellinghouse in tandem to enable a quality service to be provided for tourists. It is my view that a permanent manager’s resident on this site is not essential to the establishment of a Tourist Caravan Park. Firstly, the applicant currently resides in the existing farm house, and therefore an element of supervision already exists at the site. Secondly, it is my view that the site is located reasonably close to Airdrie where there are many alternative housing opportunities available for any employee. Third, a Tourist Caravan Park is essentially a seasonal operation and a permanent residence would not be justifiable.

R9800334.WC

- 2 -

Fourth, although it can be noted that seasonal tourists may arrive at the site outwith site ofice hours I consider arrangements should be made to allow late arrivals to park within the site, to then await the arrival of a site manager for registration purposes. Fifth, although the Council considered the proposed Tourist Caravan Park to be an acceptable green belt use the consent did not include provision for a site manager’s accommodation. Indeed condition no. 08 specifically precludes the use of residential caravans at the site stating that the site shall be used for the parking of tourist caravans only. The current proposal would be considered contrary to this consent.

3.4 In view of the above considerations I consider that the proposal can not be justified under the terms of policy GB 1 and recommend the application be refused planning permission.

R9800334.DOC

Application No. Date registered APPLICANT

Agent DEVELOPMENT

LOCATION

Ward No. Grid Reference

File Reference

Site History

Development Plan

Contrary to Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours

Newspaper Advertisement

C/98/00394/FUL 20 March 1998 MR & MRS J DUFFY, 17 EDWARD STREET, BARGEDDIE. G69 7SX

FORMATION OF ACCESS AND DRIVEWAY TO FLATTED DWELLINGHOUSE (IN RETROSPECT) 17 EDWARD STREET, BARGEDDIE

36

No Significant Site History

Within the Adopted Monklands Local Plan 1991 the site is zoned under policy HG9 (Housing Policy for Existing Residential Areas)

No

Two

Not required

COMMENTS

This application is for a planning permission in retrospect for the formation of a driveway and parking area within the fronthide garden of 17 Edward Street, Bargeddie. The property is an upper flatted dwelllinghouse with the driveway and parking area located to its East. Two letters of representation have been received from Mr and Mrs McMorrow 19 Edward Street and the owner of 28 Edward Street, Bargeddie details of these are given in the attached report. The driveway and parking area are considered acceptable subject to the attached conditions being implemented.

RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

R9800394.DOC

to prosecution or civil proceedings. North Lanarkshire Council Licence number LA0904IL

List of Background Papers

- Application Form and Plans. - -

Adopted Monklands District Local Plan 1991 Letters of objection from Mr and Mrs McMorrow, 19 Edward Street and the owner 28 Edward Street, Bargeddie.

Any person wishing to inspect the above background papers should telephone Coatbridge 812373 and ask for Rosaleen Toal.

R9800394.DOC

CONDITIONS:

1. That within 3 months of the date of this permission the area used for the driveway shall be reduced to the area outlined in red on the plans and shall thereafter be confined to this area only.

Reason: In the interest of the amenity of adjacent residents.

2. That within 3 months of the date of this permission a one metre high stained timber close boarded fence shall be erected along the area outlined in green on the approved plans, and shall thereafter be retained to the satisfaction of the Planning Authority.

Reason: In the interest of the amenity of the adjacent residents.

3. That within 3 months of the date of this permission the chipped stone in the vehicle tracks shall be replaced with four rows of slabs as indicated on the approved plans, or as may otherwise be approved in writing by the Planning Authority, and these shall thereafter be retained in place to the satisfaction of the Planning Authority.

Reason: In the interest of the amenity of the adjacent residents.

4. That within 3 months of the date of this permission the existing vehicular access shall be widended to 5 metres to the satisfaction of the Planning Authority.

Reason: In the interests of traffic and pedestrian safety.

R9800394.DOC

APPLICATION NO. C/98/00394/FUL

REPORT

1.

1.1

1.2

2.

2.1

3.

3.1

a)

b)

4

4.1

4.2

THE SITE AND PROPOSAL

Retrospective planning permission is sought by Mr and Mrs Duffy for the formation of a vehicular access and parking area at 17 Edward Street, Bargeddie. The property is an upper flat located within an existing residential area as zoned on the Approved Monklands Local Plan.

The applicants have created a 3.4 metre wide vehicle access and have formed a parking area measuring approximately 7 metres in width and 10 metres in length in their fronthide garden. The parking area lies to the east of the flats, the upper floor of which is occupied by the applicant and the lower flat by the objector. At its closest point the distance to the houses from the parking area is just over 1 metre.

CONSULTATIONS

The Housing Department has advised that the applicant has breached certain conditions attached to the landlords consent for the driveway and parking area as approved on 2nd October 1997. It should be noted that the applicant has purchased the dwellinghouse since then and no action has been taken to date by the Council in respect of those breaches.

REPRESENTATIONS

Two objections have been received from neighbouring properties. The main grounds of objection from the occupants of the lower flatted property (Mr and Mrs McMorrow) are as follows:-

the applicants Land Rover is parked at close proximity to the objectors bedroom windows, and the vehicle headlights shine into these windows this causing disturbance and loss of privacy.

the parking area is presently surfaced in chipped stone and the noise of the vehicles on this surface is causing further disturbance.

The objector has stated that they would not be opposed to a driveway to serve the neighbours property if it was located away from their bedroom windows.

The other objector at 28 Edward Street has written to object to the plans by Mr and Mrs Duffy, no grounds or objections have been stated.

ASSESSMENT

From an assessment of the site it is clear that the Land Rover is being parked in close proximity to and at an angle facing into the bedroom windows of No. 19 Edward Street.

The objections made are considered to be justified in that the size of the driveway and material finish is detrimental to the residential amenity of the occupants at No. 19 Edward Street.

However, it is considered that there is scope for compromise in this situation in order to permit a reasonable parking area for the applicants two vehicles whilst avoiding the current problems experienced by the objector in the property below. By restricting the size of the driveway/parking area, and imposing conditions requiring the provision of slabs in the vehicle tracks and a 1 metre high screen fence between the driveway and the objectors bedroom window I consider that the development would be acceptable. I recommend that permission be granted subject to the appropriate conditions.

R9800394.DOC

Application No. Date registered APPLICANT

Agent DEVELOPMENT

LOCATION

Ward No. Grid Reference

File Reference

Site History

Development Plan

Contrary to Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours

Newspaper Advertisement

COMMENTS

C/98/00419/FUL 26th March 1998 SAFEWAY STORES PLC, 21 MELFORD ROAD, RIGHEAD INDUSTRIAL ESTATE, BELLSHILL, ML4 3LR

Montagu Evans, 43 Melville Street, Edinburgh, EH3 7JF FORMATION OF CAR PARK EXTENSION

SAFEWAY STORES PLC GARTLEA ROAD AIRDRIE LANARKSHIRE ML6 9JL

46 276511665427

CPLlAIG2 100 1 S/DB/SOH

Planning consent was granted 3 1 January 1994 for the erection of a supermarket, petrol station and formation of car parks and service yard, consent no. C/93/338.

Consent was granted 15 February for the amendment of condition (12) of planning consent C/93/338 for the extension of service hours from between 0800-1800 to 0700-1800.

Consent was granted for use of service area of superstore between hours of 0700 - 2200 on 18th March 1998, application No. C/97/525.

Econ 7 and LR5

No

No response

No response

The applicant seeks to extend the car park of the Safeway supermarket at Gartlea Road, Airdrie onto adjacent land that is currently lying vacant. The proposal will provide an additional 60 spaces for use by customers. Following a full assessment of the proposal, taking into account all material considerations it is considered that planning permission should be granted subject to conditions.

RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

infringes Crown Copyright and may lead to prosecution or civil proceedings. North Lanarkshire Council Licence number LA0904IL

List of Background Papers

- Application form and plans - Adopted Monklands District Local Plan 1991

Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr Baxter.

CONDITIONS :

1.

2 .

3.

4.

5 .

6 .

7.

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

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

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

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

That before the development hereby permitted starts, a scheme of landscaping, for the area shaded GREEN on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size

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

(d) details of the phasing of these works.

of trees and shrubs to be planted;

for their protection in the course of development,

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

That before the development hereby permitted is completed, occupied or brought into use, a 0.5 metre high means of enclosure shall be erected along the boundary marked ORANGE on the approved plans.

Reason: In the interests of road safety.

That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed footpaths indicated on the approved plans; (b) the proposed parking areas indicated on the approved plans; (c) the proposed grassed, planted and landscaped areas as approved under the terms of condition (3)

(d) the proposed boundary enclosure as approved under the terms of condition (4) above; and (e) the proposed retaining walls as identified on the approved plans.

above;

Reason: To safeguard the amenity of the area.

That within one year of the occupation of the Car Park hereby permitted, all planting, seeding, turfmg and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition (3) above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within 2 years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

That before the development hereby permitted starts, a design certificate shall be submitted to the Planning Authority indicating that the proposed retaining wall does not pose a riskhdermine Graham Street, Airdrie.

Reason: In the interests of road safety.

APPLICATION NO. C/98/00419/FUL

1.

1.1

1.2

1.3

2.

2.1

2.2

2.3

2.4

3.

3.1

APPLICATION SITE & PROPOSAL

This application relates to the proposed extension of the Safeway car park at Gartlea Road, Airdrie onto vacant land fionting Graham Street. The site will be excavated to meet the required levels and a retaining wall will be erected to the south of Graham Street. Access will be from the existing car park and the existing pedestrian access from Graham Street will remain unaltered.

The site is currently vacant apart fiom advertising hoardings which will be removed to provide 60 additional customer car parking spaces.

The site is zoned as Econ7 Office/Business/Light Industry and LR5 Upgrade Football Stadia in the Monklands District Local Plan 199 1.

OBSERVATIONS

Although the site is zoned for Office, Business, Light Industry use or Football Stadia upgrading the Local Plan the current retail use was granted as the result of a planning appeal to the Secretary of State. The proposed car park extension is therefore acceptable in terms of the Development Plan as it reflects the current use of the larger site.

The application was advertised in terms of a Bad Neighbour Development as the operating hours of the store extend beyond 8pm, however, no objections were received.

The application site is currently vacant and the car park and associated landscaping will improve the visual amenity of the area and bring the site back into productive use.

Due to the difference in levels between Graham Street and the existing car park some excavation works and a retaining wall will be constructed. I have proposed a 0.5 metre high means of enclosure be erected along the boundary with Graham Street in the interests of public safety.

CONCLUSION

As the proposed development will improve the visual amenity of a vacant site I propose that the application be granted subject to conditions which address the concerns regarding traffic safety and the integrity of Graham Street.

Application No. Date registered APPLICANT

Agent DEVELOPMENT LOCATION

Ward No. Grid Reference

File Reference

Site History

Development Plan

Contrary to Development Plan

C/98/00489/FUL 9th April 1998 PLAY HOUSE NURSERY, 2 HOLM AVENUE, UDDINGSTON, G7 1 7AL

CHANGE OF USE OF HAIRDRESSERS TO CHILDRENS NURSERY FIRST FLOOR, 7 GRAHAM STREET, AIRDRIE, LANARKSHIRE, ML6 6AB

50 276207665451

C/PL/AIG810007/KH

Change of use of Bank to Public House, Discotheque and Shop granted 26th April 1991, Consent No. C/91/067

The site is zoned as COM3 Maintain Retail Core Areas and ENV15 Conservation Areas in the Monklands District Local Plan 199 1.

Yes

CONSULTATIONS

Objection No Objection Conditions No Reply

NLC Early Year Services

REPRESENTATIONS Neighbours No Response

Newspaper No Response Advertisement

COMMENTS This application relates to the change of use of a hairdressers to a childrens nursery on the frst floor of 7 Graham Street, Airdrie. The proposal includes the use of land to the rear of the property for a play facility. The application site is located in an area covered by a an existing No Waiting and No Loading at peak hours Traffic Regulation Order. As no parking spaces will be provided by the development illegal on-street parking is likely to occur when parents are dropping off or collecting their children. Therefore, I feel that the application should be refused on the grounds that the proposed development would encourage illegal parking on a main route through the town centre to the detriment of traffic movement and safety.

RECOMMENDATION

Refuse for the following reasons:-

1. That there is no provision within the proposed development for parking for staff or parents of children using the facility.

2. That the proposed development would encourage illegal parking within an area covered by an existing No Waiting and No Loading at peak hours Traffic Regulation Order which would lead to congestion within the town centre and compromise traffic safety.

Majesty's Stationery Office 0 Crown

infringes Crown Copyright and may lead Copyright. Unauthorised reproduction

to prosecution or civil proceedings. North Lanarkshire Council Licence number LA0904IL

L TO CHILDRENS NURSERY SCALE 1 : 1250 c FIRST FLOOR, 7 GRAHAM STREET, AIRDNE

List of Background Papers

- Application form and plans - - Adopted Monklands District Local Plan 199 1

Consultation Response fiom NLC Early Years Services

Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr B axter .

APPLICATION NO. C/98/00489/FUL

REPORT

1.

1.1

1.2

2.

2.1

3.

3.1

3.2

3.3

3.4

3.5

4.

4.1

APPLICATION SITE & PROPOSAL

This application relates to the proposed change of use of a hairdressers to a childrens nursery on the first floor of 7 Graham Street, Airdrie. The number of children to be accomodated will be 20 to 30. The proposal also includes the use of land to the rear of the property for a play facility.

The site is zoned as COM3 Maintain Retail Core Areas and ENVl5 Conservation Areas in the Monklands District Local Plan 1991.

CONSULTATIONS/REPRESENTATIONS

Following consultation no objections were received nor any response to the advertisement of the proposals as contrary to the provisions of the adopted local plan.

ASSESSMENT

Policy COM3 as contained in the adopted local plan states that within the defmed core areas the Council will resist any further changes of use at first floor level out of Class 1 (retail use) other than offices or town centre ‘Bad Neighbour’ uses. As such the proposed development was advertised as being contrary to the Development Plan.

In the Finalised First Alteration to the Local Plan the policy the Council agreed to allow some Change of Use so long as 80% remained as retail. This proposal would not result in this minimum being breached.

The proposal would have no effect upon the conservation area as no external alterations are proposed.

The road in front of the application site is covered by an existing No Waiting and No Loading at Peak Hours Traffic Regulation Order. In addition the proposal requires a minimum of 1 parking space for every 2 staff members and 1 parents parking space for every 2 children. This level of parking provision cannot be accommodated within the application site, While there is car parks in the vicinity which may be utilised by staff, it is likely that the majority of parents will drop off their children as close as possible to the premises as a walk of any duration will be impractical. As such parents dropping off and collecting children would be encouraged to park within the area covered by parking restrictions and may cause obstruction of the public highway.

The Council are currently progressing proposals to introduce car parking and rear servicing to this block of properties on Graham Street, however, until these have been put in place the proposed change of use would be regarded as premature. The applicant will therefore be advised to reapply within one year in order to determine if the rear servicing and parking significantly resolves the issues previously discussed.

CONCLUSION & RECOMMENDATION

In conclusion I feel that although the proposal could be accommodated within the building and adjoining land the application should be refbsed on the grounds that there is no parking provision and the proposal, if approved, would encourage illegal parking within an area covered by No Waiting and No Loading restrictions.

Application No. Date registered APPLICANT

Agent DEVELOPMENT LOCATION

Estimated Cost Ward No. Grid Reference

File Reference

Site History

Development Plan

Contrary to Dev. Plan

CONSULTATIONS

Objection

No Objection

Conditions

No Reply

REPRESENTATIONS

Neighbours Section 23

COMMENTS

S/96/003 62/OUT 27 June 1996 WIMPEY HOMES HOLDINGS LTD, KIRKZNTILLOCH ROAD, BISHOPBRIGGS, GLASGOW G64 2PS

RESIDENTIAL DEVELOPMENT BRANCHAL ROAD, CAMBUSNETHAN, WISHAW

9

3/73(26 l)/CP/AB

Green Belt

Yes

Central Scotland Countryside Trust NLC Education Department NLC Leisure Services (Head of Parks & Amenity)

West of Scotland Water (Water)

West of Scotland Water (Sewerage) The Coal Authority

Community Council

96 Letters of objection to original plans 18 letters of objection to revised plans

This outline application relates to the use of approximately 16 hectares of land within the designated Greenbelt, for residential purposes. The site lies to the north and east of Cambusnethan in Wishaw and is currently occupied by pasture land and areas of peripheral woodland. It should be noted that the site area has been reduced from that indicated on the plans, as originally submitted. The original plans included an additional area of 9 hectares, to the south east of the site (north of Cambusnethan Street). The site is bounded by existing residential developments to the south and south west. The land to the north of the site has been designated as a Site of Interest for Nature Conservation. A section of the proposed residential site to the west of Branchal Road, is included within the boundaries of the S.I.N.C. The main point of vehicular access to the site would be from a roundabout on Branchal Road. It is estimated that the site would be capable of

accommodating up to 500 dwellings. Observations on the details of consultation responses and numerous letters of objection in relation to this application, are contained in the accompanying report, along with my observations on the planning merits of the proposed development.

RECOMMENDATION

Refuse, on the following grounds, viz:-

(1) That the proposed use of this land for residential development would be contrary to the policies of the Finalised Wishaw Local Plan and the Consultative Draft of the Motherwell District Local Plan, in which the land is zoned as Greenbelt.

(2) The proposed use of this land for residential development would be contrary to Structure Plan Policy RES 2, which seeks to direct new residential development to infill or redevelopment Sites , within urban areas, in preference to sites in the Greenbelt.

(3) The proposed development would be contrary to policy ENV12 of the Consultative Draft of the Motherwell District Local Plan, which seeks to protect areas of importance for Wildlife Conservation.

List of Background Papers

Application and plans received 27/6/96 Supplementary plans received 26/7/96 Letters received 8/10/96,22/8/97, 5/12/97, 17/12/97, 7/1/98 & 19/1/98 from applicant Traffic Impact Analysis dated 3 01 1/98 Additional Information in support of Traffic Impact Analysis submitted 30/4/98 Finalised Wishaw Local Plan Consultative Draft of Motherwell District Wide Local Plan Letter received 12/8/96 from West of Scotland Water Letter received 9/8/96 from Director of Education, North Lanarkshire Council Letter received 21/8/96 from The Coal Authority Letter dated 11 October 1996 from Central Scotland Countryside Trust Memos received 18/8/96, 13/1/98, 13/5/98 from Head of Parks & Amenity, North Lanarkshire Council Leisure Services Department Letter received 27/8/96 from James Daly, 8 Greendale, Cambusnethan Letter received 27/8/96 from Mr & Mrs G Williams, 9 Greendale, Cambusnethan Letter received 27/8/96 from Mr & Mrs A Clark, 1 Pine Lawn, Cambusnethan Letter received 20/8/96 from Mr M. McKay, 13 Barra Avenue, Cambusnethan Letter received 30/8/96 from Mr W. Park, 5 13 Cambusnethan Street, Cambusnethan Letter received 27/8/96 from Mr M. McDonald, 10 Louisville Avenue, Cambusnethan

Letter received 27/8/96 from Mr J. Christie, 14 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Mr G. Hegarty, 16 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Helen McQuade, 3 Greendale, Cambusnetlian Letter received 27/8/96 from Mr. I. Price, 5 Greendale, Cambusnethan Letter received 27/8/96 from Anthony Paterson, 6 Greendale, Cambusnethan Letter received 27/8/96 from J & A E Stevenson, 6 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Mr J. Carsewell, 15 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Mrs Irene Hunter, 13 Louisville Avenue, Cainbusnethan Letter received 27/8/96 from Mrs E Hughs, 11 Louisville Avenue, Cambusnethan Letter received 27/8/96 from J. Finlayson, 2 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Linda Johnston, 5 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Amanda Lockhart, 8 Pine Lawn, Cainbusnethan Letter received 27/8/96 from Helen Shearer, 13 Pine Lawn, Cambusnethan Letter received 27/8/96 from Donald Morrison, 5 Pine Lawn, Cambusnethan Letter received 27/8/96 from Mr & Mrs McAleer, 2 1 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Jamie Rodgers, 19 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Stephen Smith, 17 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Alan Dick, 11 Forest Park, Birch Meadows, Cambusnethan Letter received 27/8/96 from Mr D. Adie, 23 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Mr & Mrs Collins, 38 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Mr & Mrs McWhinnie, 28 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Mr J. Waddell, 26 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Mr I. Rhinds, 24 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Mr R. McLaren, 4 Forest Park, Cambusnethan Letter received 27/8/96 from Mr T. Murphy, 7 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Mr & Mrs J. Clark, 9 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Mr Richard Ronnie, 17 Forest Park, Cambusnethan Letter received 27/8/96 from Mr & Mrs Reynolds, 36 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Mr & Mrs K Wilson, 22 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Mr & Mrs Smith, 20 Louisville Avenue, Cambusnethan Letter received 27/8/96 from M. B. McNally, 18 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Mr & Mrs A. Ruthven, 3 1 Louisville Avenue, Cambusnethan Letter received 28/8/96 from C. M. Davie, 35 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Mr J. Redfern, 2 Forest Park, Cambusnethan Letter received 27/8/96 from Mr Glen Scolley, 8 Webster Grove, Cambusnethan Letter received 27/8/96 from Mr Mohammed, 1 Green Dale, Cambusnethan Letter received 27/8/96 from Miss Dane, 4 Greendale, Cambusnethan Letter received 27/8/96 from Mr & Mrs I. Fraser, 7 Forest Park, Cambusnethan Letter received 27/8/96 from Miss E. Quigley & Mr C. McCafferty, 13 Forest Park, Cambusnethan Letter received 27/8/96 from Mr A & Mr J. Martin, 5 Forest Park, Cambusnethan Letter received 27/8/96 from R. M. Scott, 24 Webster Groves, Cambusnethan Letter received 27/8/96 from Valerie Marshall, 20 Webster Groves, Cambusnethan Letter received 27/8/96 from A. Wilson, 16 Webster Groves, Cambusnethan Letter received 27/8/96 from Mr & Mrs Wilkie, 10 Webster Groves, Cambusnethan Letter received 27/8/96 from Mark Aston, 1 Webster Groves, Cambusnethan Letter received 27/8/96 from Mr & Mrs Johnston, 3 Forest Park, Cambusnethan Letter received 27/8/96 from Mr & Mrs W Cogan, 12 Pine Lawn, Cambusnethan Letter received 27/8/96 from Mr Mathieson, 12 Forest Park, Cambusnethan Letter received 27/8/96 from Kenneth Marrs & Julia Strang, 14 Forest Park, Cambusnethan Letter received 27/8/96 from Mark Aiton, 1 Webster Groves, Cambusnethan Letter received 27/8/96 from Lesley Mitchell, 12 Louisville Avenue, Cambusnethan Letter received 27/8/96 from Mr & Mrs Keimedy, 29 Louisville Avenue, Cambusnethan

Letter received 27/8/96 from Jean Walker, 4 Webster Groves, Cambusnethan Letter received 27/8/96 from Hugh Cairns, 22 Webster Groves, Cambusnethan Letter received 27/8/96 from Linda Fowler, 9 Webster Groves, Cambusnethan Letter received 27/8/97 from Jim Poole, 4 Pine Lawn, Cambusnethan Letter received 27/8/96 from Mr & Mrs Sim, 15 Webster Groves, Cambusnethan Letter received 27/8/96 from Mr & Mrs Riley, 7 Greendale, Cambusnethan Letter received 27/8/96 from Mr Hazlet, 13 Webster Groves, Cambusnethan Letter received 27/8/96 from Mr J. Fair, 7 Greendale, Cambusnethan Letter received 27/8/96 from Mr J. Johnston, 6 Forest Park, Cambusnethan Letter received 27/8/96 from Audrey Goodwin, 9 Pine Lawn, Cambusnethan Letter received 26/8/96 from Elaine Millar, 15 Barra Avenue, Cambusnethan Letter received 22/8/96 from W. Watson, 45 1 Cambusnethan Street, Cambusnethan Letter received 15/7/96 from Mrs E. J. Clements, 7 Easter Crescent, Cambusnetlian Letter received 17/9/96 from Eleanor Watson, 3 Easter Crescent, Cambusnethan Letter received 12/7/96 from George Young, 14 Rankin Road, Cambusnethan Letter received 9/7/96 from J. Andrew, Plainfield, 507 Cambusnethan Street, Cambusliethan Letter received 10/7/96 from Mrs C. A. Williamson, 3 Hallside Gardens, Wishaw Letter received 10/7/96 from Roberta Gold, 1 Easter Crescent, Cambusnethan Letter received 9/7/96 from Alan Wilson, 9 Easter Crescent, Cambusnethan Letters received 5/7/96 & 20/8/96 from A. B. Littlejohn, Stanley, 160 Manse Road, Newmains Letter received 5/7/96 from T. McIvor, 2 1 Barra Avenue, Wishaw Letter received 8/7/96 from E. H. Hay, 20 Barra Avenue, Wishaw Letters received 5/7/96 & 6/9/96 from Alexander & Jane Low, 499 Cambusnethan Street, Cambusnethan Letter received 3/7/96 from Mrs Clare Boyle, 5 1 1 Cambusnethan Street, Cambusnethan Letter received 4/7/96 from Mr & Mrs Dalgleish, 19 Barra Avenue, Cambusnethan Letter received 5/7/96 from Alex Davidson, 17 Barra Avenue, Cambusnethan Letter received 6/7/96 from A & M Eadie, Millford Cottage, 483 Cambusnethan Street, Cainbusnethan Letter received 10/7/96 from Gordon Govan, 1 1 Easter Crescent, Cambusnethan Letter received 7/7/96 from Marion Dempster, 505 Cambusnethan Street, Cambusnethan Letter received 5/7/96 from Mrs A Lawson, 18 Barra Avenue, Cambusnethan Letter received 28/6/96 from Mr L M Taylor, 14 Barra Avenue, Cambusnethan Letter received 17/6/96 from Mr & Mrs Mawer, 16 Barra Avenue, Cambusnethan Letter received 18/7/96 from Mr & Mrs H Lawrie, Huelan, 5 Easter Crescent, Cambusnetlian Letter received 27/7/96 from Mrs Millar, 440 Cambusnethan Street, Cambusnethan Letter received 3 1/7/96 from Mr J. Bailley, Branchalburn Farm, Cambusnethan Letter dated 30/12/97 from Miss Isobel Thompson, 184 Branchalfield Drive, Cambusnethan Letter dated 6/12/97 from Audrey Lawson, 18 Barra Avenue, Cambusnethan Letter dated 22/12/97 from Sylvia Jack, 178 Branchalfield Drive, Cambusnethan Letter dated 19/1/98 from Mary Hogg, 51 Thrashbush Road, Cambusnethan Letter dated 12/12/97 from Yvonne Miller, 440 Cambusnethan Street, Cambusnethan Letter dated 11/12/97 from Mr P Mawer, 16 Barra Avenue, Cambusnethan Letter dated 11/12/97 from Mr T McIvor, 21 Barra Avenue, Cambusnethan Letter dated 19/12/97 from Mr & Mrs Stevenson, 6 Louisville Avenue, Birch Meadows, Cambusnethan Letter dated 15/12/97 from Elaine Miller, 15 Barra Avenue, Cambusnethan Letter dated 16/12/97 from Johnston Miller, 168 Branchalfield Drive, Cambusnethan Letter dated 17/2/97 from Mr G Taylor, 14 Barra Avenue, Cambusnethan Letter dated 22/12/97 from A & E Tavendale, 75 Lewis Court, Cambusnethan Letter dated 9/12/97 from Mr A Wilson, 9 Easter Crescent, Cambusnethan Letter dated 15/12/97 form Mr G Govan, 11 Easter Crescent, Cambusnethan Letter dated 22/12/97 from Mr E McInture, 1 Hallside Gardens, Cambusnethan Letter dated 29/12/97 from Mr G Robertson, 192 Branchalfield Dirve, Cambusnethan

Letter dated 30/12/97 from Mr M Lanigan, 170 Branchalfield Drive, Cambusnethan Letter dated 29/12/97 from Miss Marie McCroy, 190 Branchalfield Drive, Cainbusnetlian

Any person wishing to inspect the above background papers should telephone Motherwell 302 13 8 and ask for Mrs Parkes.

~

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Pmducsd by Planning and Dsveldpmant Dnpamcnt Soume," Dl"llll0" M3 0rmdon Slieet MOTHERWELL MLl 1RS

Planning Application No. S/97/00766/FUL Erection of 92 Dwellings Branchal Road, Wishaw

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Tcl~~hane015953021W pax 016583021012 -k Location of Objector(s) 3 Objectors outwith map area OS bcenca L40904lL

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RECOMMENDATION

Rehse, on the following grounds, viz:-

(1) That the proposed use of this land for residential development would be contrary to the policies of the Finalised Wishaw Local Plan and the Consultative Draft of the Motherwell District Local Plan, in which the land is zoned as Greenbelt.

(2) The proposed use of this land for residential development would be contrary to Structure Plan Policy RES 2, which seeks to direct new residential development to infill or redevelopment Sites, within urban areas, in preference to sites in the Greenbelt.

(3) The proposed development would be contrary to policy ENV12 of the Consultative Draft of the Motherwell District Local Plan, which seeks to protect areas of importance for Wildlife Conservation.

List of Background Papers

Application form and plans received 16/12/97 Amended plans received 6/4/98 Traffic Impact Analysis dated 30/1/98 Additional information in support of Traffic Impact Analysis submitted 30/4/98 Finalised Wishaw Local Plan Consultative Draft Motherwell District Local Plan Letter dated 13/1/98 from The Coal Authority Letter dated 15/1/98 from Scottish Power Letter dated 27/1/98 from NLC Department of Education Letter dated 27/1/98 from West of Scotland Water Letter dated 6/2/98 from Scottish Natural Heritage Letter dated 22/1/98 from Environmental Control Manager, NLC Environmental Services Department Letter dated 16/2/98 from Head of Parks and Amenity NLC Leisure Services Department Letter dated 19/1/98 from Mrs M Hogg, 5 1 Thrashbush Road, Wishaw Letter dated 1/2/98 from A Birchal, 7 Iona Quadrant, Wishaw Letter dated 11/2/98 from Mr D Nolan, Branchal Cottages, Cambusnethan Letter dated 7.2.98 from Mrs Sherry, 93 Jennie Lee Drive, Overtown Letter dated 7.2.98 from Mrs M Collins, 227A Bonkle Road, Newmains

Any person wishing to inspect the above background papers should telephone Motherwell 302 13 8 and ask for Mrs Parkes.

APPLICATION NO. S/97/00766/FUL

REPORT

Application Site and Proposals

This reserved matters application relates to th erection of 92 dwellings on 15 acres of land, to the east of Branchal Road and Branchal Cottages, at Cambusnethan, Wishaw. This site is identified as area “2’ on the master plan accompanying the outline plaiining application, which is being reported separately to this Committee (Ref. S/96/00362/OUT),

The application is currently occupied by rough pasture land and is adjoined by existing residential properties to the south and south west. The land to the north and east of the site lies within designated Greenbelt and is included within the Branchal Moss Site of Interest for Nature Conservation. The land to the east of the site is also included within the designated Greenbelt and is also the subject of the current outline application by this developer. Part of the Branchal Plantation, Site of Interest for Nature Conservation, which is also the subject of the current outline application by the developer, lies to the west of the application site. Branchal Cottages lie to the north west of the application site boundary.

Vehicular access to the application site would be from a roundabout to the north of Branchal Road. The proposed development would be served by one main access road, connecting two secondary loop roads, and terminating in a turning circle at the eastern end of the site. It would be the developers intention to extend this main access road, to the east, to serve future phases of residential development, subject to the granting of the relevant planning consents.

The proposed housing layout includes a mixture of details and semi detached 3 and 4 bedroom houses and a total of 14 ,2 bedroom terraced dwellings. The proposed layout includes 2 play areas and areas of structural tree planting, on the southern, western and eastern boundaries of the application site.

Consultations

Scottish Power and West of Scotland Water have no objections to the proposed development.

The Coal Authority comments that the site is within the likely zone of influence from workings of 5 seams of coal at shallow to approximately 80 metres depth, the last date of workings being 1945. It also comments that there is one mine entry within 20 metres of the site. The Authority therefore recommends that, in view of the mining circumstances, the developer should seek appropriate technical advice, before any works are undertaken on site.

Scottish Natural Heritage has no objections in principle to the proposed development at this edge of Greenbelt site, which is considered to have moderate value in term of its landscape value. However, it comments that the proposed areas of structural planting should be more naturalistic in shape and should include species of trees, which are indigenous to the area and non invasive. They also recommend that provision is made for footpaths, linking the development site to the existing track, running along its northern boundary.

The Head of Parks and Amenity at North Lanarkshire Council Leisure Services Department has objected to the proposed development on the grounds that it extends too close to the existing public walkway, along the former railway siding, to the north of the application site. He considers that a strip of landscaped, open space of at least 30 metres in depth, should be

retained, to the south of this walkway, in order to provide a buffer zone, between the housing development and the Nature Conservation Site, to the north of the application site. He also recommends the retention of the existing hedgerow, which traverses the site, from the south west to north east.

2.5 North Lanarkshire Council Environmental Services Department comments that, due to the location of the site, a history of past usage should be ascertained from the applicant. Depending on the results of this study, further site investigations may require to be undertaken to ascertain the soil and ground conditions, prevailing over the entire site and any measures required, to remove, or render harmless any contaminants found at the site.

2.6 North Lanarkshire Council Education Department reports that the site lies within the catchment area for Cambusnethan and St. Aiden’s Primary Schools. Cambusnethan Primary is presently operating at very close capacity. However, the Department considers that there should still be sufficient childspaces available, to cater for the demand, resulting from this scale of development.

3. Representations

3.1 Five letters of objection have been received, which refer specifically to this reserved matters application. I should advise, however, that a number of objections have also been received, in relation to the Outline Application, which refers to the principle of a residential development at the overall outline application site. There are detailed in the relevant report to Committee (Ref. S/96/00362/OUT).

3.2 Three of the letters relating to the reserved matters application are from owners of the adjoining land at Branchal Cottages, which has planning consent for a residential development. This outline consent has now expired, as its implementation was delayed, owing to a lengthy legal dispute between the owners and the current applicant, Wimpey Homes, concerning the right of access to their site from Branchal Road. These objectors consider that the current application for a residential development should not be determined, until the relevant court appeal is resolved. It should be noted, however, that this impending court action is a civil matter, rather than a planning issue, which should not be taken into consideration in the determination of this appeal.

3.3 The main grounds of objection from the two remaining representatives, include the following:-

1) The site is zoned as Greenbelt in the Motherwell District Local Plan and there would appear to be no justification for its release. There is a significant surplus of housing land within the local housing market area, as is reaffirmed in the 1995 Structure Plan.

2) The site is an important buffer between Cambusnethan to the south and Newmains to the north east and its loss would lead to the coalescence of these settlements.

3) The site is situated in close proximity to Branchal Moss and the development would have a detrimental impact upon the setting of this important nature resource.

4) The release of this site could prejudice the development of approved brownfield sites in the area.

5) The development would have serious implications on traffic generation and exacerbate the existing traffic problems on the local road network.

4.

4.1

4.2

4.3

4.4

5.

5.1

5.2

6) The development would have a detrimental impact on the amenity of the area, by placing additional pressure on existing services, particularly schools, which are already over subscribed.

Planning Observations

The site area covered by this reserved matters application represents approximately 25% of the outline application site area. Its proposed development, however, raises many of the planning issues relevant to the Outline application.

The site occupies 3.9 hectares of land situated within the designated Greenbelt and there would appear to be no justification for its release in planning terms. (Ref. Par 4.2 of report accompanying app. no. S/96/00362/OUT).

The reserved matters application does not include any land situated within the designated Site of Interest for Nature Conservation (S.I.N.C.) . However, the site lies immediately south of the walkway on the former railway embankment, which borders onto the Branchal Moss S.I.N.C. Consultees have expressed concerns about the impact of developing land so close to this sensitive, ecological area, both in terms of its effect on the visual setting and the hydrology of the Moss. The Head of Parks and Amenity has recommended that a buffer zone of at least 30 metres in depth should be retained between the S.I.N.C. boundary and the application site. However, although there are tree belts indicated on the western, eastern and southern boundaries of the proposed development layout, there is no landscaped buffer zone indicated along most of the northern boundary, which borders onto the S.I.N.C. The applicant has offered to landscape the former railway embankment, which lies between the site boundary and the public walkway and is in Council ownership. Although this action would be welcomed, the proposed garden boundaries are considered too close to the walkway, to allow for the establishment of an effective buffer zone.

It is also noted that the applicant has offered to transfer the ownership of 15 acres of land, included within the S.I.N.C., to the north of the application site, to the Council, in return for developing this site (Ref par. 4.4.3 report, application no. S/96/00362/OUT). This action would again be welcomed but would not be considered sufficient to allow for the protection of the S.I.N.C. from the impact caused by a development at such close proximity.

With regard to traffic matters, I am satisfied that the results of the Traffic Impact Assessment demonstrate that the existing road network should be able to accommodate the additional traffic generated by the proposed development. This view is given, however, on the understanding that the proposed roundabout on Branchal Road would be constructed at the commencement of development and not at a later stage, as proposed by the developer (Ref per. 4.3.2 report, application no. S/96/00362/OUT).

Conclusion

The development of this 3.9 hectare site in the Greenbelt, for a residential development, whether in isolation or as part of the larger development, associated with the outline application, is contrary to national planning guidelines and to structure and Local Plan policies, relating to the protection of the Greenbelt.

It is further considered that the location and layout of the proposed housing development would be detrimental to the setting of the S.I.N.C. and potentially harmful to the long term

viability of this sensitive, wetland habitat. The proposed development would therefore be contrary to Local Plan Policies, aimed at the protection of the natural environment.

5.3 For the above reasons, I therefore consider that this application should be refused.

Application No. Date registered APPLICANT

Agent DEVELOPMENT LOCATION

Ward No. Grid Reference

File Reference

Site History

Development Plan

Contrary to Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours Newspaper Advertisement

COMMENTS

S/98/00326/FUL 6 March 1998 GEORGE WILSON (STONEHOUSE) LTD, LOCH PARK, GREEN STREET, STONEHOUSE Russell, Paterson Associates, 20 Quarry Street, Hamilton, ML3 7AR CONSTRUCTION OF 14 FLATTED DWELLINGHOUSES 346 MAIN STREET AND BLACKIE MEMORIAL HALL, DEAN STREET, BELLSHILL

26 273750660250

S/PL/l3/7/5 1 (1 09)/WLS/JM

Site contains church manse and hall; no previous planning history

Bellshill and Mossend Local Plan: No significant land use change Draft Motherwell District Local Plan: No significant land use change

No

Coal Authority, NLC Leisure, West of Scotland Water

One objection, One letter of representation

Not Required

This application is for the construction of 2 blocks of flats, providing a total of 14 units, on land between Main Street and Dean Street, Bellshill. The proposal involves the construction of a four storey block, with 8 two-bed flats, on the Main Street part of the site, and a three storey block, with 6 flats, at Dean Street. One objection, and one letter of representation, were received.

Subject to conditions, it is recommended that permission be granted.

RECOMMENDATION

Grant, subject to the following conditions:-

I I I / I

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

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

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

Reason: To ensure that the proposed boundary treatment is acceptable to the Planning Authority in the interests of amenity.

(3) That before any of the flatted dwellinghouses hereby permitted is, occupied all the fences, or walls, as approved under the terms of condition (2) above, shall be erected to the satisfaction of the Planning Authority.

Reason: In the interests of amenity.

(4) That, notwithstanding the generalities of condition (2) above, and the requirements of condition (1 6) below, the stone from the part of the wall on Main Street which will require to be removed to provide access to the site shall be re-used to block off the existing access.

Reason: In the interests of amenity.

( 5 ) That, notwithstanding the generalities of condition (2) above, the existing boundary walls shown YELLOW on the approved plans, shall be repaired and restored to a standard approved by the Planning Authority.

Reason: In the interests of amenity.

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

Reason: To ensure that the proposed facing materials are acceptable to the Planning Authority in the interests of amenity.

(7) That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety

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

(d) details of the phasing of these works.

and size of trees and shrubs to be planted.

measures for their protection in the course of development,

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

(8) That within one year of the occupation of the first of the flatted dwellinghouses hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition (7) above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within 5 years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity.

(9) That no trees within the applicaiton site shall be lopped, topped, felled, or otherwise affected, with exception of the tree marked GREEN on the approved plans without the approval in writing of the Planning Authority.

Reason: To safeguard the amenity of future residents.

(1 0) That before the development hereby permitted starts, tree protection measures consisting of fencing in accordance with British Standard BS5837 shall be erected along the drip line of the trees, as shown on the approved plans, and shall not be removed without the approval in writing of the Planning Authority.

Reason: To ensure the protection of existing trees and in the interests of amenity.

(1 1) That all excavations and ground works in the vicinity of the trees to be retained on Main Street shall be carried out by hand digging.

Reason: To ensure the protection of existing trees and in the interests of amenity

(12) That a detailed drawing showing an enclosed and covered structure for the bin stores proposed shall be submitted to and approved in writing by the Planning Authority prior to the start of these works.

Reason: In the interests of amenity.

(13) That before development starts, details of the surface finishes to all parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To ensure that the proposed finishes are acceptable to the Planning Authority in the interests of amenity and safety.

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

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

(1 5) That before any of the flatted dwellinghouses hereby permitted is occupied the means of vehicular and pedestrian access shall be constructed in accordance with the approved plans.

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

(16) That a visibility splay of 4.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular access onto Main Street and before any of the flatted dwellinghouses hereby permitted is occupied, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected or allowed to grow, within these sight line areas.

Reason: In the interests of public safety.

(17) 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 onto Dean Street and before any of the flatted dwellinghouses hereby permitted is occupied, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected or allowed to grow, within these sight line areas.

Reason: In the interests of public safety.

(1 8) That before any of the flatted dwellinghouses hereby permitted is occupied, the existing vehicular access to the application site, marked AA on the approved plans, shall be closed off and the ground, within the area formerly occupied by the access, shall, thereafter, be reinstated as a footway to the satisfaction of the Planning Authority.

Reason: In the interests of public safety.

List of Background Papers

Application form and plans Letter dated 4/5/98 from Russell Paterson Associates Bellshill and Mossend Local Plan Letter dated 30/03/98 from West of Scotland Water Letter dated 02/04/98 from The Coal Authority Memo dated 02/04/98 from Head of Parks and Amenity Memo dated 23/04/98 from Transportation Team Manager Memo dated 28/04/98 from Head of Parks and Amenity Letter dated 16/03/98 from Miss N. Love, 70 Dean Street, Bellshill Letter dated 27/04/98 from Mrs L. Atkinson, 68 Dean Street, Bellshill

Any person wishing to inspect the above background papers should telephone Motherwell 302088 and ask for Les Stevenson.

APPLICATION No. S/98/00326/FUL

REPORT

1.

1.1

1.2

1.3

1.4

2.

2.1

2.2

3.

3.1

3.2

4.

4.1

APPLICATION AND SITE

This application is for the erection of two blocks of flats on a site between Main Street and Dean Street, Bellshill. The proposal involves the use of the sites of the former Manse of the MacDonald Memorial Church and the Blackie Memorial Hall for the development of 14 two bedroom flats.

The land in question would be developed as two separate sites. The larger, the site of the former Manse on Main Street, would provide 8 flats in a four storey block with twelve car parking spaces accessed from Main Street. The smaller site, accessed from Dean Street, would be developed with a three storey block of 6 flats, with eight parking spaces.

Existing trees along the frontage on Main Street will be retained, although one will require to be removed to allow a new access to be formed. The existing Main Street wall will also be retained, and rebuilt to allow for the new access.

The Main Street site lies between the MacDonald Memorial Church and a three storey flatted development which was built in the 1980’s. The Dean Street site is adjacent to the 1980’s development and a block of cottage flats.

CONSULTATIONS

Neither West of Scotland Water nor the Coal Authority had any objections to the proposal.

The Leisure Services Department had no objections to the proposal, but will conduct a survey of the mature trees within the site to assess the need for a Tree Preservation Order.

OBJECTIONS AND REPRESENTATIONS RECEIVED

A letter was received from one of the residents of the adjacent cottage flats indicating that she wished the existing boundary wall to be retained or renewed.

One letter of objection was also received from another adjoining resident, who considered that the proposed access and car park off Dean Street would be dangerous, especially to children. There already is an access to the Anderson Court development, to and from which cars drive at speed, and another entrance between there and the objector’s property would worsen the situation.

OBSERVATIONS

The comments relating to the boundary wall have been addressed, with the applicants confirming that it will be retained and repaired.

4.2 The points made by the objector relate to the proximity of accesses in the area, and the safety implications thereof. The new access onto Dean Street, although within 15 metres of other accesses or driveways, will serve only 8 parking spaces and will have the appropriate sight lines; it is therefore not considered that an access of such a nature and scale would pose a safety hazard which would justify refusal of consent.

5. CONCLUSIONS

5.1 This proposal will remove two long standing prominent buildings from Bellshill town centre and will create two new blocks of flats, Although the Main Street block will be four storey, it will sit adjacent to the church, towards the back of the site, and so will not appear to be out of scale; similarly, the Dean Street block, at three storey, will be to the rear of the site and will relate to the existing block of flats.

5.2 The Main Street frontage currently includes an existing stone wall and a group of large mature trees; part of the wall will be retained, and while a length will have to be removed it is intended to re-use the stone to close-off an existing access. Most of the trees should be able to be retained, and consideration is being given to a Tree Preservation Order.

5.3 The concerns of the neighbouring resident over access safety are recognised, but the scale and nature of the entrance proposed should not give rise to any undue safety problems.

5.4 In conclusion, therefore, this appears to be a development which can be successfully achieved, providing modern flats in a prominent central location. I therefore recommend that consent be granted.

Application No. Date registered APPLICANT

Agent

DEVELOPMENT

LOCATION

Ward No. Grid Reference

File Reference

Site History

Development Plan

Contrary to Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours Newspaper Advertisement

COMMENTS

S/98/003 83lOUT 18 March 1998 HIGHLAND PROPERTIES (SCOTLAND) LIMITED, GOGAR PARK HOUSE, 167 GLASGOW ROAD, EDINBURGH, EH12 9BG The ADF Partnership, Cumbrae House, 15 Carlton Court, Glasgow, G5 9SP CONSTRUCTION OF DRIVE THRU’ RESTAURANT AND CAR SHOWROOMISERVICE UNIT EX-BELLZIEHILL FARM, NEW EDINBURGH ROAD, BELLSHILL

22 NS 272155 660425

1. Consent for petrol filling station (ESSO) and drive thru’ restaurant

2. Consent for Travel Inn and Brewers Fayre granted in March 1997, (McDonalds) granted in December 1996. Both are now operational.

construction is nearing completion.

Green Belt - Bellshill & Mossend Local Plan

Yes

West of Scotland Water NLC Leisure Services

No Response

No Response

This outline application is in respect of the remaining 2.4 acre development site at Bellziehill and comprises a drive thru’ restaurant and car showroomhervice unit (approx 800mZ). The applicant has submitted alternative layouts for the site to demonstrate that any concerns which the Council might have about the relationship between the commercial proposals and the adjacent cemetery can be satisfactorily addressed. Subject to conditions, it is recommended that outline permission be granted.

RECOMMENDATION

Grant, subject to the following conditions:-

I I I I ! i I PLANNING APPLICATION NO. S / 96 / OOJBJ / OUT S c a l e

I: 2500 /r\ CONSTRUCTION OF DRIVE THROUGH RESTAURANT AND CAR SHOWROOM.

N EX - BELLZIEHILL FARM / NEW EDINBURGH ROAD. Date 25/03/98 I BELLSHILL.

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

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

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

(a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the design and location of all boundary walls and fences; (e) the provision for loading and unloading of all goods vehicles; (f) the provision of drainage works

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

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

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

(4) That, notwithstanding the generalities of condition 2 above, the following specific conditions shall apply to the development hereby approved:-

1. The proposed drive thru’ restaurant shall be located on the western part of the site, and the proposed car showroom/service unit shall be located on the eastern or southern part of the site.

Reason: To minimise the impact on the adjacent cemetery.

2. If the car showroom/service unit is to be located on the southern part of the site, its south wall shall be positioned at least 20 metres from the southern site boundary and there shall be no windows in this south wall.

Reason: To minimise the impact on the adjacent cemetery.

3 , Depending on the location of the car showroom/service unit within the application site, a screen wall, or wall/fence combination, at least 2.0 metres high shall be erected along the southern and part western boundary of any customer service area or commercial vehicle turning area associated with the car showroom/service unit.

Reason: To minimise the impact on the adjacent cemetery.

4. To the east of the site access, a strip of ground fronting Bellziehill Road at least 5 metres wide (measured from the heel of the footway) shall be retained as soft landscaping and any display forecourt for vehicle sales shall be located to the south of this 5 metre strip.

Reason: In the interests of amenity.

5 . To the west of the site access, the car parking layout associated with the proposed drive thru’ restaurant shall incorporate suitable screening, in the form of landscaping and walldfencing, of the existing electricity sub-station.

Reason: In the interests of amenity.

6. The car parking provision for the drive thru’ restaurant and car showroom/service unit shall be in accordance with Table 11 of the Guidelines for Development Roads published by the former Strathclyde Regional Council.

Reason: To ensure the satisfactory provision of car parking in the interests of road safety.

List of Background Papers

Application form and plans dated 16 March 1998 Letter from applicant dated 6 May 1998 Bellshill and Mossend Local Plan; Consultative Draft - Motherwell District Local Plan Letter dated 30 March 1998 from West of Scotland Water Memo dated 14 April 1998 from NLC Head of Parks and Amenity Memo dated 23 March 1998 from Transportation Team Manager (Southern)

Any person wishing to inspect the above background papers should telephone Motherwell 3 02089 and ask for Mr McInnes.

Application No. Sl98/00404/FUL Date registered 23 March 1998 APPLICANT Agent DEVELOPMENT LOCATION

MOLLY BLACKHALL, 5 1 LLYNALLAN ROAD, HARTHILL J Kerr McDougall, Unit 27, Carfin Industrial Estate, Carfin, Motherwell CONSTRUCTION OF DWELLINGHOUSE AND GARAGE LAND ADJACENT TO 18 HIRST ROADLLYNALLAN ROAD, HARTHILL

Ward No. Grid Reference

File Reference

Site History

20 288114664020

S/PL/B/17/85(82)/AR/JM

No previous applications for this site Current application S/98/00406/FUL for the construction of a dwellinghouse at land adjacent to 40 Llynallan Road.

Development Plan Development in the Countryside - Motherwell District Local Plan Consultative Draft 1995 Agricultural purposes on approved Northern and Southern Area Part Development Plan 1986

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection Conditions SEPA No Reply

The Coal Authority, West of Scotland Water

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS The applicant seeks full planning permission for the construction of a dwellinghouse and garage at Llynallan Road, Harthill. I am also presenting an application to the Committee for similar development on an adjoining piece of land. I would ask that the Committee considers both applications on the basis of this report. Both proposals involve new development within the “rural area” and are Contrary to the development plan. However, in light of decisions made by the Council for planning approval in this vicinity in the past, I recommend that planning permission is granted for both proposals subject to a suspensive condition. Due to the history of sewerage disposal problems in the vicinity, SEPA have requested that

NORTH Prcdresj ly PLANNING APPLICATION No. 98/00404/FUL 9, LANARKSHIRE P b r n q ard D m b m bprlm3li -n hripion 333 EranbxlSTrea MTHERWELL kL1 1RS

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development does not commence until a system for sewage disposal has been submitted and approved by them.

RECOMMENDATION

Grant, subject to the following conditions:-

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

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

That, notwithstanding condition (1) above, no development of any description shall take place within the application site until a full scheme for the private disposal of foul sewage has been submitted to, and approval of North Lanarkshire Council, in association with the Scottish Environment Protection Agency.

Reason: To ensure the satisfactory disposal of foul sewage and to prevent the possibility of polluting the How Burn in the interests of amenity and public health.

That prior to the dwellinghouse hereby permitted being brought into use, the foul sewage disposal arrangements required in terms of condition (2) above shall be constructed to the complete satisfaction of North Lanarkshire Council, in association with Scottish Eiivironmeiit Protection Agency.

Reason: To ensure the satisfactory disposal of foul sewage and to prevent the How Burn in the interests of amenity and public health.

That a 3 metres wide vehicular footway crossing shall be provided at the junction of the driveway with Llynallan Road to the satisfaction of the Planning Authority.

Reason: In the interests of public safety.

That a visibility splay of 2.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the dwellinghouse hereby permitted is brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of public safety.

That a 2 metres wide footway should be provided along the plot’s frontage with Llyiiallan Road to the satisfaction of the Planning Authority.

Reason: In the interests of road safety.

That the first 2 metres length of the driveway should be surfaced across its full width in a sealed material to the satisfaction of the Planning Authority.

Reason: In the interests of road safety.

That before development 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 by, the Planning Authority.

Reason: To ensure that the proposed boundary treatment is acceptable to the Planning Authority, in the interests of amenity.

That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority.

Reason: To ensure that the proposed facing materials are acceptable to the Planning Authority, in the interests of amenity.

List of Background Papers

Application form and plans dated 23 March 1998 Northern and Southern Areas Part Development Plan 1986 Motherwell District Local Plan Consultative Draft 1995 Letter from SEPA dated 3 April 1998 Letters from West of Scotland Water dated 3 April 1998 and 23 April 1998 Letter from Agent dated 13 April 1998

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

APPLICATION NO S/98/00404/FUL AND S/98/00406/FUL

REPORT

1.

1.1

1.2

1.3

1.4

2.

2.1

2.2

2.3

2.4

3.

3.1

3.2

SITE AND PROPOSALS

These applications are for full planning permission for the construction of two single storey bungalows and two garages on land at Llynallan Road, Harthill. The site is vacant, heavily vegetated and overgrown. To the north of the site there is the M8, to the rear the Burnside Transport Cafe, to the east a traditional style cottage and to the west a detached bungalow which was granted permission September 1988.

The vacant land covers an area of approximately 2041m2. The applicant for S/98/00406/FUL owns 1291m2 of this land whilst the remainder belongs to the applicant for S/98/00404/FUL.

The site is located approximately 0.75 mile from the Eastfield area of Harthill and is in an area zoned for Agricultural Purposes in the Northern and Southern Areas Part Development Plan. Within the Motherwell District Local Plan Consultative Draft it is covered by ‘ENV 8’ which restricts the types of development permitted in the countryside.

There is a long history relating to the pollution of the nearby How Burn and problems with the disposal of sewage in this area. SEPA are uncomfortable with the prospect of more foul drainage, although they could accept a system which would not exacerbate existing problems.

CONSULTATIONS

SEPA - SEPA’s basic starting point is that any planning permission should be dependent on the availability of a connection to the public sewerage system. If development of the two plots proceeded before the public sewer becomes available or agreement was reached on an alternative improvement scheme, there would require to be further discharges of effluent to the private facilities thereby adding to the pollutant load on the How Burn. SEPA find it difficult to envisage approval of a scheme based on standard technology.

West of Scotland Water - W. of S.W. advise that there is no likelihood in the foreseeable future of the public sewer system being extended to take in the area of Llynallan Road.

The Coal Authority - no objections.

The application was advertised in the local papers as development contrary to the development plan; no objections were received.

OBSERVATIONS AND CONCLUSIONS

While the site of the proposed dwellinghouses is remote from the boundaries of the village of Harthill, as a result of previous permissions granted by Motherwell District Council, it is clear that a precedent has been set for new houses at Llynallan Road and, although contrary to policy, there is a case for infill development.

The site is vacant, serves no agricultural function, and due to size and proximity to other dwellinghouses and the neighbouring transport cafe it is obvious that any agricultural use will not take place at this location. With the site lying vacant, it has an unattractive appearance

3.3

and I believe that the proposed dwellinghouses will make some contribution to ‘tidying up’ this area of North Lanarkshire which is clearly visible from the M8 Motorway.

If the Committee accept my opinion that the principle of residential development at this location is acceptable, the main issue to be resolved is that of foul sewage disposal. The position of West of Scotland Water is clear, namely that there is little prospect of the public sewer system being extended to Llynallan Road. SEPA remain to be convinced that the technology exists to devise a private sewage disposal arrangement which would be to their satisfaction. To give the benefit of doubt to the applicants, suspensive conditions could be imposed on any consents requiring the submission of satisfactory sewage disposal arrangements prior to any development commencing. If such arrangements cannot be agreed, then the consents would become null and void.

3.4 Notwithstanding the potential problems relating to foul sewage disposal at Llynallan Road, it is my opinion that there is no objection to the principle of the infill development proposed by these two applications. I do not consider that an unacceptable precedent will be set, and subject to conditions it is recommended that permission be granted.

Application No. SI9 8/00406/FUL Date registered 23 March 1998 APPLICANT Agent DEVELOPMENT CONSTRUCTION OF DWELLINGHOUSE LOCATION

THOMAS LEITCH, 30 SWAN COURT, METHIL, FIFE J Kerr McDougall, Unit 27, Carfin Industrial Estate, Carfin, Motherwell

LAND ADJACENT TO 40 LLYNALLAN ROAD. HARTHILL

Ward No. 20 Grid Reference 288103 664018

File Reference SlPL/B/l7/85(83)/AR/JM

Site History No previous applications for this site Current application S/98/00404/FUL for the construction of a dwellinghouse and garage at land adjacent to 18 Hirst Road/Llynallan Road

Development Plan Development in the Countryside - Motherwell District Local Plan Consultative Draft Agricultural Purposes on approved Northern and Southern Part Development Plan (Lanark County Council)

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection Conditions SEPA No Reply

The Coal Authority, West of Scotland Water

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS The applicant seeks full planning permission for the construction of a dwellinghouse and garage at Llynallan Road, Harthill. I am also presenting an application to the Committee for similar development on an adjoining piece of land. I would ask that the Committee considers both applications on the basis of the report for S/98/00404/FUL. Both proposals involve new development within the “rural area” and are Contrary to the development plan. However, in light of decisions made by the Council for planning approval in this vicinity in the past, I recommend that planning permission is granted for both proposals subject to a suspensive condition. Due to the history of sewerage disposal problems in the vicinity, SEPA have requested that

’ NORTH

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PROPOSED DWELLINGHOUSE xasrvmnsra UOTHERWN HI 1Rs

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development does not commence until a system for sewage disposal has been submitted and approved by SEPA.

RECOMMENDATION

Grant, subject to the following conditions:-

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

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

That, notwithstanding condition (1) above, no development of any description shall take place within the application site until a full scheme for the private disposal of foul sewage has been submitted to, and for the approval of North Lanarkshire Council, in association with the Scottish Environment Protection Agency.

Reason: To ensure the satisfactory disposal of foul sewage and to prevent the possibility of polluting the How Burn in the interests of amenity and public health.

That prior to the dwellinghouse hereby permitted being brought into use, the foul sewage disposal arrangements required in terms of condition (2) above shall be constructed to the complete satisfaction of North Lanarkshire Council, in association with Scottish Environment Protection Agency.

Reason: To ensure the satisfactory disposal of foul sewage and to prevent the How Burn in the interests of amenity and public health.

That a 3 metres wide vehicular footway crossing shall be provided at the junction of the driveway with Llynallan Road to the satisfaction of the Planning Authority.

Reason: In the interests of public safety.

That a visibility splay of 2.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the dwellinghouse hereby permitted is brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of road safety.

That a 2 metres wide footway shall be provided along the plot’s frontage with Llynallan Road to the satisfaction of the Planning Authority.

Reason: In the interests of pedestrian safety.

That the first 2 metres length of the driveway shall be surfaced across its full width in a sealed material to the satisfaction of the Planning Authority.

Reason: In the interests of road safety.

That before development 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 by, the Planning Authority.

Reason: To ensure that the proposed boundary treatment is acceptable to the Planning Authority, in the interests of amenity.

That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority.

Reason: To ensure that the proposed facing materials are acceptable to the Planning Authority, in the interests of amenity.

List of Background Papers

Application form and plans dated 23 March 1998 Northern and Southern Areas Part Development Plan 1986 Motherwell District Local Plan Consultative Draft 1995 Letter from SEPA dated 3 April 1998 Letters from West of Scotland Water dated 3 April 1998 and 23 April 1998 Letter from Agent dated 13 April 1998

Any person wishing to inspect the above background papers should telephone Motherwell 302099 and ask for Allison Russell.

Application No. Date registered APPLICANT Agent DEVELOPMENT LOCATION

Ward No. Grid Reference

File Reference

Site History

Development Plan

Contrary to Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours Newspaper Advertisement

COMMENTS

S/98/00427/FUL 30 March 1998 ENRICO CAIRA, 15 KESWICK DRIVE, HAMILTON, ML3 7HN John Jackson & Dick, 48 Cadzow Street, Hamilton, ML3 7DT CHANGE OF USE OF SHOP TO HOT FOOD CARRY OUT 3 CARFIN STREET, NEW STEVENSTON, MOTHERWELL, ML1 4JL

5 276160659500

S/PL/B/5/29( 123)lSPlJM

Northern Area Local Plan 1986 Draft Motherwell District Plan 1995 Mixed Use

No

Strathclyde Police NLC Environmental Services

No Response

No Response

The applicant seeks planning permission to change the use of an existing

operating as a small general grocers within the parade of shops at New Stevenston Cross. The take away unit will trade in fish, chicken, pizza, confectionary and cigarettes. The applicant, who has over 20 years experience in the hot food carryout business, anticipates trading between 11 am and 11 pm, 7 days per week.

shop unit to a hot food take away shop. The shop unit is currently

The committee should note that there are two existing carryout facilities nearby in Jerviston Street.

While there is no dedicated car parking for these shop units, on street parking is available in Carfin Street which has one way traffic only. I do not anticipate many parking problems and do not consider that the proposals will adversely affect road safety at this location. Environmental Health issues can be addressed, and I recommend that planning permission be granted.

PLANNING APPLICATION NO : S/98/00427/FUL

CHANGE OF USE OF SHOP TO HOT FOOD CARRY OUT

3 CARFlN STREET, NEW STEVENSTON, MOTHERWELL. c

A 1:1250

RECOMMENDATION

Grant, subject to the following conditions:-

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

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

That the permission hereby granted relates to a change of use only and, not withstanding the provision of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no alterations, including the installation of a ventilation flue shall be made to the external appearance of the building without the prior written consent of the Planning Authority.

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

That not withstanding the provisions of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, no fascia signs, advertisements or projecting signs shall be erected on the premises without the prior written consent of the Planning Authority.

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

List of Background Papers

Application form and plans dated 3013198 Letter from applicant’s agent dated 3 1/3/98 Letter from applicant’s agent dated 2/4/98 Northern Area Local Plan 1986 Draft Motherwell District Local Plan 1995 Memo from Transportation Manager (South) dated 2 1/4/98 Memo from Director of Environmental Services dated 22/4/98 Letter from Strathclyde Police dated 9/4/98

Any person wishing to inspect the above background papers should telephone Motherwell 302098 and ask for Shirley Penman.

Application No. S/98/00429/FUL Date registered 27 March 1998 APPLICANT

Agent DEVELOPMENT

LOCATION

SCOTT McCLYMONT, 45 AUCHINGRAMONT ROAD, HAMILTON, ML3 6JP

CHANGE OF USE OF STORAGE BUILDING TO CHILDREN’S NURSERY 2 GRANGE AVENUE, NETHERTON, WISHAW

Ward No. 15 Grid Reference 278400-654233

File Reference S/PL/B/2/6(2 5 2)/JL/AB

Site History Planning consent granted on 22/4/93 for Change of use from part car park to private garden ground.

Development Plan Residential in Finalised Wishaw Local Plan No change in Draft Motherwell Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection NLC Environmental Services Conditions No Reply

REPRESENTATIONS

Neighbours

Newspaper Advertisement Not Required

Councillor Pentland has expressed concerns regarding this proposal. One letter of objection

COMMENTS The applicant seeks planning consent for the change of use of former Council storage building to children’s nursery at 2 Grange Avenue, Netherton, Wishaw. The building is of two storey design, the ground floor being the application site and the upper floor consisting of two flatted dwellings unrelated to the application. The building is located within a residential area and has dwellings to the north and west, Grange Avenue to the south and Old Manse Road to the east and includes its own car park accessed from Old Manse Road. The nursery will accommodate up to 30 children subject to demand and relevant licensing arrangements from North Lanarkshire Council Social Services.

One letter of objection has been received from a notified neighbour concerning the possible increase in traffic associated with such a

I Planning Application No. 98/00429/FUL NORTH

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A Prodwad by Planning and Ocveloprnent Department

303 UOTHERWELL Brandon S lml t

Change of Use of Storage Building to Childrens Nursery 2 Grange Avenue

-k Location of Objector(s)

soumm e~v luon

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proposal. Further points were also raised concerning increased security risk and reduced privacy associated with this proposal. Introduction of traffic calming measures on Old Manse Road were also called for. The occupiers of the properties first floor flats have been notified and not objected to the proposal.

A car park is included as part of this proposal which will accommodate up to 10 cars providing adequate car parking for staff and visitors alike. Operating between the hours of 8 am and 6 pm weekdays the nursery is not expected to generate significantly more traffic movements than the previous workshop use. I do not therefore share the objectors concerns in relation to traffic matters or the implied reduction to the areas security or privacy associated with this use. An outside children’s play area is proposed to be sited in front of the building on Grange Avenue which will require to be adequately fenced to be used as a supervised safe play area for the nursery’s children.

In conclusion, the conversion of this vacant workshop to children’s nursery does not pose any planning policy difficulties. In practical terms also, the proposal can be accommodated at this location without undue impact on the immediate area. I therefore recommend that planning consent is granted for this development with the attached conditions.

RECOMMENDATION Grant, subject to the following conditions:-

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

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

2. That before the development hereby permitted is brought into use, a one metre high fence shall be erected along the boundaries marked AB, BC, CD on the approved plans and a pedestrian access gate with a self closing child proof catch shall be fitted to the satisfaction of the Planning Authority. The precise details of the fence shall be prior approved by the Planning Authority.

Reason: In the interests of amenity and highway safety.

3. That the existing vehicular footway crossing at the access to the sites car park on Old Manse Road shall be widened to 5.5 metres

Reason: In the interests of road safety.

4. That before the development hereby permitted is brought into use, the existing car park shall be clearly marked out, and shall, thereafter be maintained as associated parking and manoeuvring areas for the development hereby approved.

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

List of Background Papers

Application form and plans dated 27/3/98 Finalised Wishaw Local Plan and Consultative Draft Motherwell Local Plan Memo dated 15/4/98 from NLC Environmental Services One letter of objection dated 4/4/98 from Mr J Gourley, 55 Old Manse Road, Wishaw

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


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