North Lanarkshire Council · PDF fileOrdnance Survey maps reproduced from Ordnance Survey ......

AGENDA ITEM No, ... L .-

North Lanarkshire

Council

Planning Applications for consideration of Planning and Transportation Committee

Committee Date : 14 August 2008

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

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APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE 14th August 2008

Page Application No. No 4 N/08/00548/F U L

Applicant

R Johnston & P Penman

9 N1081005921FUL Mr A Miah

17 N/08/00713/CAAD Mr William Kay

23 S/08/00040/OUT

32 S/08/00564/OUT

Mr & Mrs A Aikman

CIS Ltd/Motherwell Town Centre Partnership

41 S/08/00574/FUL Mrs C Kelly

48 S/08/0088 1 /AM D TAL CPT Land Development LLP

53 S/O8/00927/FUL Jim Muirhead

58 S/08/00928/FUL Mr Chan

DevelopmentlLocus Recommendation

Extension to a Dwellinghouse Grant and Erection of a Fence 13 Burnhead Road Balloch Cumbernauld

Extension to Existing Grant Restaurant to form Function Suite Bombay Dreams South Carbrain Road Carbrain Cumbernauld

Application for Certificate of Appropriate Alternative Certificate Development in Respect of Use Class 9 - Houses Land Adjacent To 2A Castlecary Road Castlecary Cumbernauld

Issue Nil

Residential Development (In Grant Outline) Viewfield House, 21 East Main Street, Harthill, Shotts

Grant Demolition of the Dalziel Annexe and Residential Development of 82 Dwellings, Car Parking (1 08 Spaces) and Formation of Access Road (In Outline) Dalziel Workspace, Mason Street Motherwell

Change of Use From Car Maintenance Garage (Class 5) to Pre-School Nursery (Class 10) The Club, 2 Donnelly Way, Wishaw

Grant

Change of Use from Class 4 Grant to Class 3 (Restaurant) 2 Parklands Avenue, Eurocentral Holytown

Subdivision of Refuse Dwellinghouse into Three Dwellings and Erection of Detached Dwellinghouse 18 Hirst Road, Harthill

Change of Use from Shop to Refuse Hot Food Takeaway and Installation of Flue 35 Bellshill Road, Motherwell

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63 S/08/00937/OUT House Fix (Scotland) Construction of Flatted Grant L td Development (42 Units) In

Outline LandAt109And 111 Westwood Road, Newmains

72 S/08/01022/FUL Mr G Watson Proposed Erection of Refuse Dwellinghouse & Kennels Currieside Piggery, Station Road Shotts

78 S/08/01035/0UT Mr G Gibson Erection of 2 Dwellinghouses Grant (In Outline) Rowan Tree Bar, 121 Bonkle Road, Newmains

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Application No:

Date Registered:

Applicant:

Agent

N/08/00548/FUL

14th April 2008

R Johnston & P Penman 13 Burnhead Road Balloch Cumbernauld G68 9BT

Glenalmond Design 58 Dalziel Crescent Cambuslang G72 7UR

Development: Extension to a Dwellinghouse and Erection of a Fence

Location: 13 Burnhead Road Balloch Cumbernauld G68 9BT

Ward: 2-Cumbernauld North: Councillors Chadha, McCulloch, Murray & O’Brien

Grid Reference: 274404 674963

File Reference: N/08/00548/F U L

Site History: 0 N/02/00934/FUL Conversion of Garage to a Habitable Room and the Construction of a Garage - Granted on 11.09.02

Development Plan: Cumbernauld Local Plan 1993: Housing Policy HG4 Residential Amenity

Contrary to Development Plan: No

Consultations:

Representations: 1 letter of representation received.

Newspaper Advertisement: Not Required

Recommendation: Approve 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, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: OIE, 02E, 03P, 04P, 05P &06P.

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

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

Reason: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 14th April 2008

Letter from Mr Joseph Messer, 11 Burnhead Road, Balloch, Cumbernauld, G68 9BT received 7th July 08.

Cumbernauld Local Plan 1993

Any person wishing to inspect these documents should contact Ms Jennifer Thomson at 01236 616473.

Date: 4 August 2008

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APPLICATION NO. N1081005481FUL

REPORT

1.

1 . I

1.2

2.

2.1

2.2

3.

3.1

3.2

Description of Site and Proposal

The proposed application is for a single storey side extension and fencing to the side and a wall to the front of 13 Burnhead Road, Balloch, Cumbernauld. The site is within a modern housing area comprising various styles of single storey detached dwellinghouses.

The proposed extension would be 4.8 metres in height with a pitched roof, 0.5 metres below the existing roof line. There would be 7 windows facing the rear garden of 24 Greenbank Road, however a two metre high hedge provides screening along this boundary. The extension would form a garden room replacing an area of decking. The proposal includes enclosing an area of side garden with a 1.8 metre high fence. Additionally, the majority of the front garden would be enclosed by a 1.2 metre high wall with gates to access the driveway and garage.

Development Plan

The application raises no strategic issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2006 and can therefore be assessed in terms of Local Plan policies.

In the Cumbernauld Local Plan, 1993, the site lies within a defined residential area where housing policy HG4 (Residential Amenity) applies.

Consultations and Representations

No consultations were required.

One letter of representation has been received from a neighbour, and the objections raised are as follows:

The 1.8 metre high wall to the side of 13 Burnhead Road will take away the open aspect to the area.

Comments: It is accepted that a wall enclosing the front of the house would make the CUI de sac less open, however the majority of the proposed wall is only 0.2 metres higher than could be built without planning permission and the design is considered acceptable.

A 1.8 metre fence might be built in the future down the side of the adjacent driveway which will enclose the front of the adjacent house.

Comments: It has been clarified with the agent following submission of additional plans that the applicants do plan to erect a 1.8 metre timber fence along the boundary with 11 Burnhead Road. The reason for the fence at this location is to enclose an area of side garden to increase the private garden area for 13 Burnhead Road. While it is accepted that fencing at this location will impact on the view from the objector’s property, the orientation of the dwellinghouses is such that the objector’s property faces its garage and front parking area, then beyond, into the rear garden of 13 Burnhead Road. It is therefore considered acceptable that this fence is erected in the interests of privacy.

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4. Planning Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposed residential development requires to be considered against the terms of HG3 (Residential Development) and HG4 (Residential Amenity) of the Cumbernauld Local Plan.

Policy HG4 seeks to protect existing residential amenity from developments which would be detrimental to residential amenity. Whilst policy HG3 seeks to ensure that extensions to residential properties are in keeping with the scale and character of the surrounding area and relate to the design of the original building and not dominate its appearance..

The proposed extension is considered in keeping with the existing property in terms of its design and scale and would not adversely impact on neighbouring properties in terms of overlooking and overshadowing. The proposed fence which formed the basis of the objection to the application is considered acceptable to ensure privacy. I am satisfied that when assessed against both policies, the development is considered to be acceptable

Having taken account of all relevant material considerations, and notwithstanding the concerns raised by the neighbouring proprietor; it is recommended that planning permission be granted for a rear extension and fence at 13 Burnhead Road.

4.2

4.3

4.4

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N/08/00592/FUL Application No:

Date Registered:

Applicant:

Agent

Development:

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

17th April 2008

Mr A Miah Clo Grant Murray

Grant Murray 30 Bell Street Glasgow G1 ILG

Extension to Existing Restaurant to form Function Suite

Bombay Dreams South Carbrain Road Carbrain Cumbernauld

3-Cumbernauld South.Councillors:Carrigan,Goldie,Homer& McElroy

276217673786

N/08/00592/FU L

0

0

N/03/01671/FUL Change of Use of Tyre and Exhaust Garage to Restaurant. Granted 18.12.2003 N/04/01370/ADV Erection of Signs. Granted 15.09.2004

Cumbernauld Local Plan 1993, policies HG4 (Residential Amenity) and TR10 (Parking) apply.

No

I letter of representation received.

Advertised on 30 April 2008




That, except as may otherwise be agreed in writing by the Planning Authority, the facing materials to be used for the external walls and roof of the extension, shall match in colour and texture those of the existing restaurant.

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

2.

9

Extenion to Existing Restaurant to Form Function Sude

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3. That any resulting increase in foul drainage must be connected to the Public Sewer in accordance with the requirements of Scottish Water.

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

That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled 'Drainage Assessment : A Guide for Scotland' and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water.

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

4.

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

Reason: To safeguard adjacent watercourses and groundwater from pollution.

6. That unless otherwise agreed in writing by the Planning Authority, the south west elevation signage hereby permitted shall be located strictly in accordance with the position indicated on the approved plans and shall not exceed the dimensions illustrated on the approved plans.


7. That there shall be no remote signage displayed within the site.


8. That the details of the fence illustrated between the north east boundary of the site and the extension hereby permitted, and any other proposed boundary fencing shall be submitted for the approval in writing of the Planning Authority. For the avoidance of doubt the details shall include the height of the fence and the construction materials.

Reason: To enable to the Planning Authority to consider these aspects in details and to restrict vehicles entering or exiting the site from the north east side of the restaurant, in the interests of traffic safety.

9. That the fence between the north east boundary of the site and the extension hereby permitted, approved under the terms of Condition 8 above, shall be erected prior to the extension being brought into use and shall be erected in the position illustrated on the approved plans.

Reason: To restrict vehicles entering or exiting the site from the north east side of the restaurant, in the interests of traffic safety.

10. That should the fence between the north east boundary of the site and the extension hereby permitted, approved under the terms of condition 8 and 9 above ever require to be replaced; the

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replacement fence shall be erected at the same location as illustrated on the approved plans and constructed to the same specifications as agreed under the terms of Condition 8.

Reason: In the interests of traffic safety.

That the area illustrated on the approved plans for the purpose of bin stores shall be constructed in a hard standing material. Thereafter, the area shall be maintained for the purposes of storing bins and shall not be utilised as a vehicle parking bay.

11.

Reason: To accommodate the provision of bins within the site.

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

(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size 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. (e) Specific attention shall be applied to the area highlighted in pink on the approved plans.

Reason: In the interests of the visual amenity of the site and to screen the bin stores from South Carbrain Road.

13. That all works included in the scheme of landscaping and planting, approved under the terms of condition 12 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of the visual amenity of the site and to screen the bin stores from South Carbrain Road.

14. That before the extension hereby permitted is completed; 81 off-street car parking spaces shall be provided within the site, as detailed on the approved plans and shall, thereafter, be maintained as car parking spaces.

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

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

15.

Reason: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out onto the highway.

16. That before the development hereby permitted is started, the new vehicular access shall be constructed with 6 metres radius kerbs when exiting the site and turning left and 8 metres radius kerbs when exiting the site and turning right and a 6 metres wide road.

Reason: In the interests of traffic and pedestrian safety.

17. That a visibility splay of 4.5 metres x 90 metres, measured from the road channel as illustrated on the approved plans, shalt be provided on both sides of the vehicular access and before the extension hereby permitted is started, everything exceeding 1.05 metres in height above the road

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channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic safety.

That before the extension hereby permitted is brought into use, the turning facility hatched on the approved plans and located between parking bay 81 and the fence illustrated on the approved plans shall be provided to allow vehicles to enter and leave the site in forward gear. The turning facility shall thereafter be retained as such.

Reason: To enable vehicles to enter and leave the site in forward gear at all times.

18.

19. That BEFORE construction on the extension hereby permitted is started; a noise mitigation scheme shall be submitted for the approval in writing of the Planning Authority. For the avoidance of doubt, the scheme shall include details of proposed sound insulation materials to be used in the construction of the extension.

Reason: To enable the Planning Authority to consider these aspects in detail with a view to minimising noise generated from the use of the extension.

20. That the noise mitigation scheme approved under the terms of Condition 19 above shall be implemented during the construction of the extension and confirmation of its implementation to be provided by a chartered engineer or architect before the function room is brought into use.

Reason: To minimise the noise generated from the use of the extension in order to protect residential amenity.

That the design, installation and operation of any air conditioning/ventilation or other plan for the proposed development shall be such as will not give rise to a noise level, assessed with the windows open, within any of the adjacent dwellings in excess of the equivalent to noise rating curve (NRC) 35 between 07.00 hours and 23.00 hours and NRC 25 at all other times.

21.

Reason: To safeguard the residential amenity of the area.

22. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- SK(--)O1.


Background Papers:

Application form and plans received 17th April 2008 Letter from The Miller Partnership, 19 Royal Crescent, Glasgow, G3 7SX received 7th May 2008. Cumbernauld Local Plan 1993

Any person wishing to inspect these documents should contact Ms Erin Louise Deeley at 01236 616464.

Date: 4 August 2008

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APPLICATION NO. N1081005921FUL

REPORT

1.

1.1

1.2

2.

2.1

2.2

3.

3.1


The application site is accessed from South Carbrain Road and is made up of the existing restaurant and car park and an area of adjoining open space. The restaurant is rectangular in shape, single storey and faces west onto South Carbrain Road. The associated car park is located to the south side and rear of the restaurant. To the east of the site is residential property, Bellhaven and beyond this is a petrol station. To the south of the site is the Cumbernauld railway line. To the west of the site is open space.

The applicant proposes a 1.5 storey extension with a footprint of approximately 330 square metres to the rear of the restaurant that would comprise of a function suite, entrance lobby, kitchen and toilet facilities at ground level and office and storage space on the upper floor. The applicant is currently in the process of purchasing an area of Council owned land to the west of the site (approximately 1375 square metres) in order to create additional parking spaces. This area of land has been incorporated as part of the proposals illustrated on the plans.

Development Plan

This proposal raises no strategic issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2006 and can therefore be assessed against local plan policies.

The site is located within an area designated as HG4 (Retention of Residential Amenity). Policy TRlO (Traffic) also applies to the proposal.

Extract from HG4: “There will be a presumption against the loss of houses to other uses, and development which could be detrimental to residential amenity. There will be, however, a presumption in favour of developments of an ancillary nature which enhance the provision of local community facilities. The introduction or extension of a non-residential activity will not be accepted if likely to lead to a loss of amenity.”

Extract from TR10: “There will be a general presumption against any development which could substantially, adversely affect the surrounding area by virtue of its car parking or traffic generation implications. Adequate provision of parking in all new developments must be made by developers. ”


My Traffic and Transportation Section and Protective Services Section were consulted as part of the assessment of this application, There were several revised layouts submitted but the most recent comments from the Traffic and Transportation Section can be summarised as follows:

Traffic and Transportation Section: “79 spaces are required for the restaurant and function suite combined, a suitable combined vehicle/service access should be provided. The existing access should be re-positioned and widened to 6 metres with 6 metre corner radii (when existing the site and turning left) and 8 metre corner radii (when exiting the site and turning right). A visibility splay of 4.5 x 90 in each direction should be provided.

My Protective Services Section recommend restrictive construction hours in the instance that consent be granted and recommend restrictions in noise levels of any ventilation system and in terms of the Environmental Protection Act 1990.

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3.2 There has been one letter of representation received as a result of this application. The nature of the objection can be summarised as follows:

There would be increased noise as a result of the function suite and this would be during unsociable hours. (Applicant for N/08/00439/FUL: Construction of 30 flats at Station Garage and Bellhaven, South Carbrain Road).

Comment: In this case, it is considered that planning conditions can be imposed to ensure that appropriate measures are taken to mitigate any noise arising from the use of the function suite. Furthermore, the internal layout of the function suite, the location of the vehicular access and the parking area are such that it is considered that the activity would have a limited impact on residential amenity.

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There would be increased noise caused by the increase in vehicular traffic

Comment: I concede that the function suite would result in an increase in vehicular traffic during the day and in the evenings. Notwithstanding this, the proposed car park is to the south side of the restaurant and function suite and approximately 50 metres from the application site. It should be noted that the objector’s application site (hatched on the attached location plan) faces onto South Carbrain Road, a main distributor road with heavy vehicle movement and also has a boundary with the Cumbernauld train station and taxi rank. As such, I do not consider that the increase of traffic is a justifiable reason to recommend refusal of this application.

0 There would be a possible nuisance to residents from noise created by ventilation and air conditioning plants with proposed intensified use.

Comment: My Protective Services Section have recommended that a Condition be attached to any consent that restricts the level of noise associated with any ventilation/air conditioning system.

4. Planninn Assessment and Conclusions

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

4.2 The development requires to be assessed against Policies TRIO and HG4 of the Cumbernauld Local Plan 1993.

4.3 Policy TRIO requires that all new developments have satisfactory parking arrangements and that the traffic associated with the use does not adversely impact upon the surrounding area. My Traffic and Transportation Section recommend that 79 spaces in total are required for the use of the restaurant and function suite. Several sets of submitted plans illustrated schemes that were deficient in parking and unsatisfactory in terms of access and manoeuvrability within the site. The view was taken that insufficient parking would lead to on-street parking. As a main distributor road, a high volume of traffic passes through South Carbrain Road, as such, on street parking would be a road hazard.

4.4 The latest submitted scheme details a layout that meets the planning requirements and those of the Traffic and Transportation Section in terms of access, manoeuvrability and parking. The traffic associated with the development will use South Carbrain Road which is a main distributor road and as such is capable of accepting additional traffic. The proposed development thus complies with policy TRIO of the Cumbernauld Local Plan 1993.

Policy HG4 advises that non residential uses which are of an ancillary nature and which enhance the provision of local services can be considered to be acceptable where the proposed use does not adversely impact upon residential amenity.

4.5

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4.6 It should also be noted that PAN 56: Planning and Noise provides advice on good practice where a development is likely to generate noise, Function suites are known to be utilised for meetings, parties, wedding receptions etc, the latter uses are often at their peak in the evening and late at night and noise is expected to be generated as a result, potentially to the detriment of the occupiers of nearby residential properties. PAN 56 advises: "Noise resulting from amplified music and vocal noise can create noise disturbance when heard by the residents of adjacent properties; even at low levels. Authorities may wish to consider attaching conditions to any consent for such development in order to safeguard residential amenity.''

There are existing residential properties close to the site and also a planning application for a flatted development is currently being considered for the land at Bellhaven and the station garage (there is existing outline consent for flats on this site). For this reason, it is considered that planning conditions in accordance with PAN 56 could be imposed to ensure that appropriate measures are taken to mitigate any noise arising from the use of the function suite.

Given the internal layout of the function suite and the location of the vehicular access and the parking area, it is considered that the activity generated would have a limited impact on residential amenity however noise mitigation conditions should be attached to any consent as a protection measure. Accordingly it is considered that the proposed development is considered to be compatible with a residential setting and in accordance with Policy HG4.

4.7

4.8

4.9 It should be noted that the Council's Property Services Section has verbally confirmed that they are in discussions with the applicant regarding selling the element of land that will enable the applicant to extend the car park to meet the Traffic and Transportation Sections requirements. They have also confirmed that the land is likely to be declared surplus and sold to the applicant for the purposes of a car park.

Having considered the merits of this proposal, I recommend that planning consent be granted subject to conditions.

4.10

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Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Rep resen tat ions:


N/08/00713/CAAD

12th May 2008

Mr William Kay 8 Menzies Crescent Fintry Stirlingshire G63 OYL

Application for Certificate of Appropriate Alternative Development in Respect of Use Class 9 - Houses

Land Adjacent To 2A Castlecary Road Castlecary Cumbernauld G68 OHQ

002 Cumbernauld North: Councillors Chadha, McCulloch, Murray and O'Brian

2781 92 677533

N/08/007 13/CAAD

0 08/01 048/OUT Construction of Two Dwellinghouses; To Date Not Determined

Glasgow and Clyde Valley Structure Plan 2000 Cumbernauld Local Plan 1993

Yes

Scottish Water Transport Scotland

No letters of representation received.

Advertised on 21st May 2008

(No objections) (Condition)

Recommendation:

1.

Issue a Nil Certificate for the Following Reasons:-

That on 6 October 2006 planning permission would not have been granted for use of the application site for Class 9 (Houses), on the basis that all of the proposed development would be contrary to the development plan, in particular, Policy EN.26 of the Cumbernauld Local Plan 1993. The proposed development does not satisfy the exemptions to the presumption against development of such areas in as much as they do not provide for outdoor recreation, nature conservation or landscape protection.

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/ /

2A Cadecary Road Castlecary Cumbernauld Pppltcstion for Certificate of Aqpropriate Mtern8We Development in Respect o f Use Class 9 . Houses

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2. That the granting of planning permission for Class 9 (Houses) on the application would result in the loss of an attractive and valuable area of mature open space which acts as a successful buffer zone and screening measure and enhances the visual impact of the Cumbernauld area currently enjoyed by residents and visitors to this part of the Town.

Background Papers:

Application form and plans received 8th May 2008

Letter from Scottish Water received 23rd June 2008 Letter from Transport (Scotland) received 30th May 2008

Memo from Local Plans Section received 16th June 2008 Memo from Traffic & Transportation (Northern Area) received 28th May 2008 Memo from Head of Protective Services received 2nd June 2008 Memo from Environmental Services received 10th June 2008

Glasgow and the Clyde Valley Structure Plan 2000 Cumbernauld Local Plan 1993

Any person wishing to inspect these documents should contact Mrs Mary Hogg at 01236 616459.

Date: 4'h August 2008

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APPLICATION NO. N/08/00713/CAAD

REPORT

1.

1 .I

1.2

1.3

2.

2.1

2.2

2.3

2.4

3.

3.1

3.2

3.3


The applicant seeks a Certificate of Appropriate Alternative Development in respect of land owned by him and being acquired by Transport (Scotland) through compulsory purchase procedures for the purpose of upgrading the M80/A80 Glasgow - Stirling Trunk Road between Auchenkilns and Haggs.

The application site lies adjacent to and west of the side garden of the existing dwellinghouse at 2A Castlecary Road; wedged between, to south the existing A80 and to the north Castlecary Road. The land to the west is an area of open space which is made up of dense undergrowth and mature bushes and trees. The application site owned by the applicant is part of this area of open space.

The applicant has submitted that the appropriate use would be for Use Class 9 (Houses). No indicative layout plans were submitted in relation to the use proposed. The applicant has intimated that the residential development would comprise of 2 residential units.

Backarou nd

A Certificate of Appropriate Alternative Development (CAAD) is a method of establishing the value of land. The provisions are contained in the Land Compensation (Scotland) Act 1963 and the Planning and Compensation Act 1991. Briefly, where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, then either that authority or the owner of the land in question may apply for a CAAD. CAADs are in effect hypothetical planning permissions and are required only for valuation purposes when a public authority is acquiring land compulsorily.

The applicant is required to make a statement as to the use(s) to which the land could be put were it not proposed to be acquired by compulsory purchase and the Planning Authority may issue a Certificate for those uses or for other uses, or conclude that there is no development for which permission would have been given. Conditions that would have been applicable may also be specified by the Planning Authority.

In terms of the regulations governing the assessment of CAAD applications, the planning circumstances at the date of the publication of the Compulsory Purchase Order must be assumed. In this case the relevant date is 6 October 2006.

In determining an application for a CAAD, the Planning Authority as advised in the above legislation (Para.2.1) should not take a decision based solely on the ground that the alternative use@) applied for would be contrary to the development plan but, the application of current and reasonably foreseeable planning policies are relevant.

Development Plan

At the time the compulsory purchase order was served the development plan was comprised of The Glasgow and the Clyde Valley Joint Structure Plan 2000 and the Cumbernauld Local Plan 1993.

The Glasgow and the Clyde Valley Joint Structure Plan 2000. The proposal is of no strategic significance and, as such, does not conflict with the Structure Plan.

The Cumbernauld Local Plan 1993. The site is zoned under Policy EN26 - Significant Areas of Open Space and denotes a presumption against development unless ‘....it is for ancillary community/recreational facilities and a sizeable area of public open space can be retained.’

In addition, the proposed development is governed by HGI - Location of New Housing Developments which sets out the Council’s Housing Strategy to direct new Housing Developments to appropriate infill sites, redevelopment sites and built up areas. The application site is not identified as a housing site.

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3.4

4.

4.1

4.2

4.3

4.4

4.5

4.6

5.

5.1

5.2

The following national planning policy is relevant to the consideration of this CAAD:-

Scottish Planning Policy 11 - Open Space and Physical Activity. This policy states, ‘that only where there is strong justification should open space protected by the development plan be developed either partly or fully for a purpose related to open space.’ In addition, SPPl1 sets out that where permission is granted which involves the loss or partial loss of an open space identified in the development plan the application must now be notified to the Scottish Government.


Consultation responses are summarised below:

Scottish Water does not object but advises that at the present time there is insufficient capacity at Dunswood Waste Water Treatment Works to serve the development.

Comment: It is possible that an interim technical solution could be found to address the foul drainage issue.

Transport Scotland commented on the need to avoid direct access to the trunk road either pedestrian or vehicular.

Comment: This can be addressed by planning conditions.

My Pollution Control section advises that a Phase I Preliminary Investigation is required prior to any development commencing. Also given the proximity of the site to the A80 a Noise Impact Assessment should be carried out to assess the possible adverse effect that road traffic may have on the development when completed. Any such report will need to identify the measures to be taken to ameliorate the impact.

Comment: Planning conditions could be imposed to ensure that before development proceeds the ground condition issues are addressed and that any scheme takes proper account of the noise impacts from the A80. Noise issues may sterilise parts of the site or impact upon the layout of any development.

My Conservation and Greening Section advises that without an Ecological Survey including the treatment of Japanese Knotweed it cannot support this application.

Comment: Planning conditions can be imposed regarding appropriate ecological matters.

My Traffic and Transportation Section advises that there is no objection to the principle of residential development on this site provided Road’s Guidelines can be fulfilled in respect of access, parking and manoeuvrability within the site.

Comment: These matters can be dealt with by relevant planning conditions.

Planninci Assessment and Conclusions

In determining an application for a CAAD the Council should not take a decision solely on the grounds that the alternative use applied for would be contrary to the Development Plan. The Development Plan has confirmed that the use suggested by the applicant as appropriate is contrary to the Adopted Local Plan in that it is zoned as EN26 Significant Areas of Open Space (CLP 1993).

It could be argued that given the size, shape and location of the site, the residential

21

development would be limited, of a small scale; at best two dwellinghouses, and located adjacent to existing established residential properties including the applicant’s dwellinghouse and as such would not compromise or set a precedent for the remaining area of open space to the south west.

5.3 However, and setting aside that the proposed use is contrary to the Adopted Local Plan Policy, this area of land contributes to an attractive and valuable area of mature open space which not only acts as a buffer zone between the A.80 and Castlecary Road but, enhances the visual impact of the Cumbernauld area for passengers using both the A.80 and Castlecary Road. In addition, it is an important and successful screening measure for the Wardpark Industrial Estate.

5.4 Finally, Open Space is an essential element of the environment of Cumbernauld and is a primary consideration in the development of the town; any such loss of such an area could set a precedent and compromise the effect and aim of such important areas within the Town.

5.5 In conclusion, it is considered for the purposes of the Certificate of Appropriate Alternative Development that the site could not be satisfactorily be used for Class 9 (Houses). Accordingly for the reasons specified it is recommended that in this case a ‘nil certificate’ be issued. The applicant will have a right of appeal to the Scottish Ministers if the Council accepts my recommendation as issues a ‘nil certificate’

22

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

S/08/00040/OUT

16th January 2008

Mr & Mrs A Aikman 32b Colinton Grove Edinburgh EH14 1 DB

Jewitt Arschavir & Wilkie Architects 38 New City Road Glasgow G4 9JT

Residential Development (In Outline)

Viewfield House 21 East Main Street Harthill Shotts ML7 5QW

12 Fortissat: Councillors Cefferty, McMillan and Robertson

290745664475

S/P L B/17/79/EMC UG F

0

0

0

0

0

S/98/01145/FUL Change of Use of Masonic Lodge to Private Dwellinghouse -Approved 3rd September 1998 S/99/01021/OUT Residential Development and Alterations to Ground Levels -Approved 24thJanuary 2000 S/01/01531/FUL Change of Use from Private House to Bed and Breakfast Facility - Approved 1 st May 2002 S/03/00484/OUT Erection of 5 Dwellinghosues In Outline - Application Withdrawn 22nd February 2005 S/07/01477/OUT Formation of 5 No. Serviced Residential Building Plots - Pending Determination S/07/02073/FUL Part Residential Development (Full 5 Dwellinghouse Development in West Lothian and North Lanarkshire) - Withdrawn 4th June 2008


The site is zoned partly as CS2 (Established Community Facilities), partly as HSG2.372 (Private Housing Development Opportunities) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005). In addition the site includes a small area of land within West Lothian Council

Consultations: Scottish Environment Protection Agency (Comments) Scottish Water (Comments) SNH (No Objections)

23

24

Representations:


2 letters of representation received

Advertised on 24th January 2008


1.

2.

3.

4.

5.

6.

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


That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number 2683-31-0801 14.


That before the 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 which shall

(b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas including the provision

(d) the design and location of all boundary walls and fences; (e) the provision for drainage works; (9 the disposal of sewage; (9) details of existing trees, shrubs and hedgerows to be retained; and (h) details of existing and proposed site levels.

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

include light render and slate substitute tiles;

for the parking and the provision of adequate turning facilities within the site;

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 outline permission.

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

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents,

That any remediation works identified by the site investigation required in terms of Condition 4 above shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the approved

25

Remediation Strategy.

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

That the design of the dwellings hereby permitted shall: - a) reflect and complement the local character of the surrounding area in its scale and use of

b) have regard to the Councils Guidance on Open Space requirements for residential dwellings. c) have regard to the Councils Guidance on parking provision for residential dwellings. d) have regard to the Councils Guidance on provision of play areas.

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

7.

building materials.

8. The reserved matters application referred to in Condition 2 above shall include full details of the proposed surface water drainage scheme for the approval of the Planning Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled 'Drainage Assessment: A Guide for Scotland' and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water. If the area of ground illustrated for the SUDS is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and for the approval of the Planning Authority prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority.

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

9. That before the residential development hereby permitted is completed, the surface water drainage scheme approved under the terms of Condition 8 above shall be installed, and thereafter maintained in accordance with the approved details.

Reason: In the interests of water quality and the environment.

That as part of any detailed or reserved matters application for this site, the applicant shall provide written confirmation to the Planning Authority that the requirements of SEPA and Scottish Water have been met including the provision of all necessary foul and surface water drainage infrastructure and that the development will not result in an increased pollutant loading being discharged to the receiving watercourse.

10.

Reason: To ensure that there is sufficient capacity in the sewerage and water supply systems to allow this scale of new residential development to proceed and that there will be no pollution of a watercourse.

11. For the avoidance of doubt, no approval is hereby given for the submitted indicative layout plans reference number SK 0.8 comprising of 34 residential units and associated public and private parking areas.

Reason: This layout is not acceptable and to enable the Planning Authority to consider these aspects in detail.

26

Background Papers:

Application form and plans received 16'h January 2008

Letter from Scottish Water received 21 '' February 2008 Letter from Scottish Environment Protection Agency received 28th February 2008 E-mail fron SNH received l!jth July 2008

Memo from Transportation Team Leader received 20th March 2008 Memo from Geotechnical Team Leader received 4'h June 2008 and 4'h August 2008 Memo from Head Of Protective Services received 31'' January 2008 Memos from Landscape Services, Play Services, and Conservation & Greening received 7'h February 2008 Memo from Learning and Leisure Services dated 1 8'h May 2008 Email from Paul Baker (Ecology) received 18'h July 2008 Email from West Lothian Council received 5'h August 2008

Letter from A Anderson, 8 Polkemmet Lane, Harthill, Shotts, ML7 5RQ received 28'h January 2008 Letter from S Ali, 8 McLauchlan View, Harthill, ML7 5SU received 26'h January 2008

Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01698 2741 13.

Date: 5 August 2008

27

APPLICATION NO. S/08/00040/0UT

REPORT

1.

1 .I

1.2

2.

2.1

3.

3.1

3.2

3.3

3.4

3.5

3.6

3.7

3.8


The applicant seeks outline planning permission for the residential development of the land surrounding and including Viewfield House, Harthill.

The application site measures 1.16 ha and includes the existing Viewfield House plus land to the east and north. The applicant has submitted indicative plans showing the subdivision and refurbishment of Viewfield House into 4 flats, and the construction of 18 terraced dwellings, and 12 flatted dwellings. The land to the east of the site sits well below the existing road level of East Main Street while the land to the north sits adjacent to and on a level with the existing residential development at McLaughlin View, The site comprises low quality non-active open space surrounded by the existing residential dwellings of McLaughlin View and Polkemmet View. The site includes a section of ground within West Lothian Council but the majority of the site lies within North Lanarkshire.

Development Plan

The majority of the site is covered by policy HSG 2 (Private Housing Development), with the rest covered by policy CS2 (Established Community facilities) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005). In addition the site includes a small area of land which is within West Lothian Council.


The Transportation Team Leader has no objections to the proposed development subject to conditions regarding an amended layout covering access, parking provision, and traffic calming.

The Protective Services Section has no objections to the proposed development subject to a condition relating to the requirement for a site investigation report.

The Education Section has indicated that all pupils can be fully accommodated within the existing school network and has no objections to the proposed development.

The Landscape Services Manager has no objections to the proposed development subject to conditions covering the submission of further details regarding site levels, provision of a tree survey, boundary treatments, and details of the landscaping & planting proposals for the site.

The Play Services Manager has no objections to the proposed development but has commented that the number of units currently proposed will require that a total minimum play space of 1500 square metres (with at least 500 square metres to be equipped) be provided to service the site.

The Conservation and Greening Manager has offered no objections to the proposed development following the submission of a protected species survey which indicated that no protected species were present and subject to the further recommendations contained in the survey.

SNH has no objections to the proposed development following the submission of a protected species survey which indicated that no protected species were present.

My Geotechnical Team Leader has requested that a drainage strategy showing the location of the outfall is submitted. They also note that the information submitted considers that flooding may

28

3.9

3.1 0

3.1 1

3.12

4.

4.1

4.2

occur to surrounding areas. Geotechnical highlight that drainage measures require to be implemented that have a neutral or better effect on the risk of flooding on the site.

Scottish Water has offered no objections to this application but has stated that the applicant will be required to contact Scottish Water Development Planning Team prior to the commencement of any development on site, and that non objection does not guarantee connection to Scottish Waters infrastructure. A SUDS drainage system will be required.

SEPA have offered no objections to the proposed development.

West Lothian Council has confirmed that it has no objection to the proposal.

Two Letters of objection have been received from the occupiers of 8 McLauchlan View and 8 Polkemmet Lane. The issues of concern raised are set out below:-

1. Increase in traffic, congestion, and access and egress issues on both McLauchlan View and Blackridge Road.

2. Impact of the development on existing wildlife within the application site.

3. Concern that the drainage requirements for the development are such that they cannot be accommodated within the site without detriment to the existing drainage system.

4. Concern that the flatted dwellings would overshadow 8 Polkemmet Lane.

5. Concern that the local primary school is operating at full capacity and does not have capacity for the new development.

6. Concern that the flatted properties will attract residents unsuitable for the area.

7. Concern that the current proposals are of an unsuitably large scale inappropriate to the existing area.

Planning Assessment and Conclusions

Planning applications require to be assessed against the Development Plan and other material considerations. The proposal raises no strategic issues and can therefore be assessed against Local Plan Policies. In this instance the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) is relevant, with the site being zoned partly as HSG 2 (Private Housing Development Opportunities) and partly CS2 (Established Community facilities), in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005). In addition the site includes a small area of land within West Lothian Council. Policies HSG 10 (Assessing Applications for Housing Development) and TR 13 (Assessing the Transport Implications of Development) are also relevant.

Policy CS2 (Established Community Facilities) in the Southern Area Local Plan seeks to protect established community facilities by resisting their loss where a shortfall in provision for that locality will result. The existing Viewfield House and the grounds associated with it previously served as both a Masonic lodge and latterly a guesthouse. The dwelling and its grounds now form a separate established residential dwelling with no associated community or commercial use. Therefore notwithstanding the site's zoning as an established community facility, it is considered that the proposed sub division of Viewfield House into 4 flats and residential development are acceptable in principle as its loss will cause no reduction in community facilities.

29

4.3

4.4

4.5

4.6

4.7

4.8

Policy HSG 10 (Assessing Applications for Housing Development) sets out the criteria against which new housing proposals will be assessed including: impact of the development on the existing built and natural environment, environmental condition of site and flood risk, density, layout and mix of housing, detailed design elements, provisions made for landscaping and open space and play areas, and provision made for roads, access, parking provision. In assessing this particular application in terms of Policy HSG 10, it is considered that the proposal would improve the built and natural environment as it includes the significant upgrading of the current dilapidated Viewfield House and un-used informal open space, which is in poor condition and located to the north and east of the dwelling. The design of the proposed residential dwellings will be assessed at the reserved matters stage but will be required to have due regard to the design and finish of the residential dwellings in the surrounding area. The layout of the proposed development will require to be such that it would not result in loss of privacy to surrounding properties. The indicative drawings illustrate that the indicative proposal can accommodate open space that satisfactorily meets current open space standards as detailed in the Council’s “Developers Guide to Open Space”. The transportation issues are considered in paragraph 4.4 below and environmental and drainage issues in paragraph 4.5. In summary it is considered that the proposal meets the criteria contained in Policy HSG 10, subject to the imposition of suitable conditions.

In assessing the transport implications of development policy TR13 applies. This policy requires assessment of the proposal against various criteria including: the level of traffic generated and its impact on the environment and adjoining land uses; impact of the development on road traffic circulation and road safety; and provisions made for access, parking and vehicle manoeuvring. My Transportation Section has no objections to the proposed development subject to conditions regarding the reserved matters application, covering access, parking provision, and traffic calming. The development will be required to provide adequate off street parking and turning facilities and is proposed to be accessed via an extension of the adopted road leading from McLauchlan View to East Main Street. The proposals will also be able to meet the visibility requirements for the new access on East Main Street. Therefore the proposals accord with Policy TR13 and are considered acceptable.

In terms of other consultation responses, my Protected Services Section have offered no objections subject to the submission of a site investigation report and any remedial measures being undertaken prior to the commencement of development. My Geotechnical Team Leader has offered no objection to the submitted outline drainage strategy and a full SUDS drainage scheme is required to be submitted at the reserved matters stage. These matters can satisfactorily be addressed by the recommended conditions. Landscape and Play Services have raised no objections subject to imposition of suitable conditions and provision of adequate play facilities on site.

Both Conservation 8, Greening and SNH have offered no objections to the proposed development following the submission of a protected species survey.

SEPA and Scottish Water have offered no objections to the proposed development provided the developer contacts them prior to commencement of development on site.

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

1. The concerns regarding the Increase in traffic, congestion, and access and egress issues on both McLauchlan View and Blackridge Road are noted. Having consulted the Transportation Section they have offered no objections to the proposed development subject to conditions. Full details of the parking and access arrangement for the development will be submitted along with the reserved matters application, however, it is anticipated that all access and parking issues can be fully addressed within the application site.

2. Concern regarding the proposed development and its impact on the existing wildlife within the

30

application site is noted. The applicant has submitted a protected species survey which has indicated that no protected species are located within the site.

3. The concern that the drainage requirements for the development are such that they cannot be accommodated without detriment to the existing drainage infrastructure are noted. The Council’s Geotechnical Section have indicated that the SUDS Drainage system proposed by the applicant is acceptable and can be accommodated within the site without detriment to the existing drainage infrastructure or increase in risk of flooding.

4. The concern that the flatted dwellings would overshadow 8 Polkemmet Lane are noted, however, the proposed development is outline only at this stage. I am therefore unable to comment on issues of overshadowing until the full detailed levels and designs for the flats are submitted as part of the reserved matters application. It should be noted that matters such as overshadowing will be addressed at the reserved matters stage and should the applicants concerns regarding overshadowing of his property be warranted the applicant will be advised to amend the design of the proposals to minimise the impact of the proposals.

5. The concern that the local primary school is operating at full capacity and does not have capacity for the new development is noted. Having consulted the Councils Education Section they have indicated that there is sufficient capacity to accommodate the proposals at this time. As only a small proportion of the development will be within West Lothian it is considered that educational provision will not be an issue for West Lothian Council which has been confirmed by their non objection.

6. The concern that the flatted properties will attract residents unsuitable for the area is not a valid planning consideration.

7. The concern that the current proposals are of an unsuitably large scale inappropriate to the existing area is noted. The proposed development is outline only at this stage and no approval has been given for the submitted indicative layout of 34 dwellings. The detailed aspects of design, density, layout etc will be considered at the reserved matters stage. The proposals are not therefore considered to be inappropriate given they are surrounded by existing residential properties.

4.9 It is considered that the development is acceptable in terms of local plan policy and would result in the physical improvement and re-use of a currently semi-derelict building and un-used open space within Harthil. The proposals are located adjacent to existing residential dwellings and the proposals would assist in the regeneration of an unused site. Therefore, I recommend that this application be approved subject to conditions.

31

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

S/08/00564/OUT

15th April 2008

CIS LtdlMotherwell Town Centre Partnership Clo Agent

Montagu Evans LLP 302 St Vincent Street Glasgow G2 5RU

Demolition of the Dalziel Annexe and Residential Development, Car Parking and Formation of Access Road (In Outline)

Dalziel Workspace Mason Street Motherwell MLI IYE

18 Motherwell South East and Ravenscraig: Councillors Harmon, Lunny, McKay and Valentine

275239656750

S/PL/B/12/1 O/PW/GF

S/99/01495/OUT Refurbishment, Partial Redevelopment and Extension of Town Centre, to Include Shopping Mall, Public House, Fast Food Restaurant, Petrol Filling Station, Associated Roadworks and Car Parking S/00/00124/OUT Refurbishment, Partial Redevelopment and Extension of Motherwell Town Centre, Covered Shopping Mall, Relocated Business Facility, Petrol Filling Station and Associated Roadworks and Car Parking S/00/00921/OUT Refurbishment, Partial Redevelopment and Extension of Motherwell Town Centre, New Business Facility, Petrol Filling Station, Associated Roadworks and Car Parking S/01/00861/OUT Refurbishment, Partial Redevelopment and Extension of Town Centre, New Business Facility, Petrol Filling Station, Associated Roadworks and Car Parking S/07/01069/FUL Demolition of Dalziel Workspace and Erection of 3,700 Square Metres of Class 1 Retail (In 2 Units) (currently under consideration)

Site zoned as a Secondary Village and Neighbourhood Commercial Area, Policy RTL 6 in the Southern Area Local Plan Finalised Draft (Modified 2001,2004 and 2005)

0

0

0

0


32

Consultations: Scottish Water (No Objection) SEPA (No Objection) British Gas (No Objection) Scottish Power (No Objection) Countryside and Landscape Manager (Comments) Geotechnical Team Leader (No Objection) Pollution Control Team Leader (Objection)

Representations: 1 letter of representation received

Newspaper Advertisement: Not Required


1.

2.

3.

4.

5.

6.

That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) the design and location of all boundary walls and fences; (f) the provision of drainage works; (9) the disposal of sewage; (h) details of existing and proposed site levels.


That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number SK080319-00.




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


That the development hereby permitted relates to the principle of forming residential development on the site and gives no approval to the layout as proposed on the indicative plans. For the avoidance of doubt, the submitted plans numbered G1076 / SK080317-01 and 02 are for information purposes only and do not form part of the consent hereby granted.

Reason: In the interests of clarity and to define the consent.

That the site shall be developed in accordance with the Council's 'Developer's Guide to Open Space'.

34

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

The reserved matters application referred to in Condition 1 above shall include full details of the proposed surface water drainage scheme for the approval of the Planning Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled 'Drainage Assessment: A Guide for Scotland' and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water. If the area of ground illustrated for the SUDS is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and for the approval of the Planning Authority prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority.


7.

8. That before the residential development hereby permitted is completed, the surface water drainage scheme approved under the terms of Condition (7) above shall be installed, and thereafter maintained in accordance with the approved details.

Reason: In the interests of water quality and the environment.

9. That the site is to be developed in accordance with the Council's car parking standards for flatted development which is 150% and (30% visitor) space provision of the total number of flatted dwellings.

Reason: In order to provide adequate parking provision in the interests of road safety and residential amenity.

10. That before the development hereby permitted starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of SEPA and Scottish Water have been fully met, and shall demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: In order to ensure satisfactory drainage requirements.

11. That notwithstanding the terms of condition 1 above, access to the site shall be from Mason Street via a 8 metre wide dropped kerb arrangement leading to a 6 metre wide access road with 2 metre wide footways on both sides, furthermore, visibility splays of 4.5 metres x 60 metres shall be provided in both directions.

Reason: To ensure adequate access and egress to and from the site in the interests of vehicular and pedestrian road safety.

That a bat emergence survey shall be carried out on the building and any mature trees within the plot on at least three evenings by a suitably qualified consultant and submitted for the written approval of the Planning Authority prior to the demolition of the building.

Reason: To ensure that no harm comes to this protected species as a result of the proposal.

12.

35

13. That any subsequent detailed consent for the site will not be issued until a Legal Agreement is signed between the Council and developer with regard to the financial contribution of €250 per flatted dwelling and €500 per dwellinghouse for improvement to off-site play facilities within the locality in lieu of on site provision.

Reason: To ensure the satisfactory procurement of play provision in the interests of amenity.

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

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

That any remediation works identified by the site investigation required in terms of Condition 14 above shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the approved Remediation Strategy.

15.


Background Papers:

Application form and plans received 1 5'h April 2008

Planning Statement produced by Montague Evans dated March 2008 Phase 1 and 2 Supplementary Geo Environmental Report produced by Mason Evans dated March 2008 Mineral Stability Assessment produced by Mason Evans dated 23rd June 2008 Drainage Strategy produced by Faber Maunsell dated 14'h May 2008

Memo from Transportation Team Leader received 7'h July 2008 Memo from Head of Protective Services received 5'h June 2008 Memo from Geotechnical Team Leader received 1" May 2008 Letter from Motherwell Town Centre Partnership received 2nd May 2008 Letters from Scottish Environmental Protection Agency received 6th May and 2"d July 2008 Letter from Scottish Water received lgth June 2008 Letter from British Gas received 1 3'h May 2008 Letter from Scottish Power received 30th April 2008 Letter from White Young Green Planning, 4 Chester Street, Edinburgh, EH3 7RA received 1" July 2008 Letter from Countryside and Landscape Manager received 21 St May 2008


Any person wishing to inspect these documents should contact Mr Paul Williams at 01698 2741 15.

Date: 5 August 2008

36

APPLICATION NO. S10810056410UT

REPORT

1.

1 .I

1.2

1.3

2.

2.1

2.2

3.

3.1

3.2

3.3

3.4


This application seeks consent for a residential flatted development in outline, involving the demolition of the vacant Dalzell workspace building. The application site is currently occupied by the Dalziel Workspace building (the former Dalziel Annexe school) and associated carparking and landscaping. It is bounded by West Hamilton Street to the north, Mason Street to the south and Watson Street to the east. The workspace building is a large three-storey imposing ex- school building dating from the early 1900s that was renovated for office/workshop/business centre in the 1980s. It has large windows and is finished in a mixture of sandstone and render with ironwork panels and projecting features at the eaves. The site is relatively flat and is surrounded by mixed use sites including residential, telephone exchange, and a disused car park to the south which has outline consent for residential development.

The applicant proposes to demolish the existing building, retaining the existing stone wall and railing boundary treatment and develop the site with flatted dwellings. Although the proposal is for outline consent, the applicant has submitted an indicative layout plan showing 82 two and one bedroom flats and 108 parking spaces. The flats would wrap around West Hamilton Street, Watson Street and Mason Street frontages in predominantly four storeys with three and five storey elements. The general principle in terms of massing is to reinstate the massing of the existing school building.

The applicant currently has an alternative application for retail development on the site which is pending consideration and is likely to be withdrawn if this application is successful.

Development Plan

The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2006 and can therefore be assessed in terms of Local Plan Policies.

The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005), (SALP), zones the site within policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas).


No objections have been received from British Gas and Scottish Power. Scottish Water has no objection to the proposal and has intimated that Daer/Balmore water treatment works and Daldowie waste water treatment works both currently have sufficient capacity to service the proposed development. Scottish Water has further advised that the developer should consider utilising SUDS in the surface water drainage design.

SEPA has also expressed no objections to the proposal and is pleased to note that the site will be serviced by a separate drainage system which will then connect into the existing drainage network and also that sustainable drainage techniques are to be used for the collection, treatment and disposal of the surface water run off at the site.

The Geotechnical Team Leader has also expressed no objection to the proposal and is unaware of any instances of flooding in the area and is satisfied that sufficient information has been submitted on drainage and flooding matters to allow granting outline Planning Permission.

The Countryside and Landscape Manager has provided comments from the Conservation and

37

Greening Manager who has recommended that a bat emergence survey is carried out prior to any work on site and the implementation of an effective landscaping scheme in order to attract and sustain a healthy biodiversity including the provision of swift nesting boxes. The Landscape Services Manager offered no comments at this stage and will reserve comments until the detailed stage. The Play Services Manager has recommended that the developer makes an off site financial contribution to make up for the lack of play facilities within the site. The current number of flats shown on the illustrative drawings would equate to a contribution of €20,500. The applicant has confirmed agreement in principle to such an approach. The Play Services Manager envisages that the ‘Duchess Park’ may be an appropriate location for the contribution to be used.

3.5 The Pollution Control Team Leader has objected to the proposal as the site lies within Motherwell Air Quality Management Area (AQMA) and the development will introduce additional traffic into the area to the detriment of air quality. The Team Leader also points out that air quality is a material consideration as stated in Planning Advice Note 51.

The Transportation Team Leader has expressed no objections to the proposal subject to conditions relating to the dimensions of the vehicular access and visibility splays.

3.6

3.7 The Built Heritage and Design Team also provided comments regarding the architectural quality and prominence of the building and its proposed demolition and also the role of Architecture and Design Scotland (ADS) in the assessment process. ADS were consulted but have not responded due to workload pressures. ADS did however respond to the other outstanding application on the site for a retail development (S/07/01069/FUL) in which they commented on the prominence of the site and building and that a high standard of design would be required in order to provide a suitable replacement building that would at least match the design standard of the existing building which the applicant proposes to demolish.

3.8 A letter of representation has been received by White Young Green representing the interests of the Royal Mail Group plc in relation to the Post Office and delivery yard at 26 Brandon Arcade to the north of the site across West Hamilton Street. The objection is on the grounds that the proposal is contrary to the relevant Development Plan policies and would generate a significant increase in traffic at this locale to the detriment of the operation of Post office delivery vehicles. Furthermore, they have also expressed concern about the ‘potential negative impacts’ caused by construction activity in terms of noise, dust, vibration, parking and access. They also expressed concern that they were not neighbour notified.

4. Planninn Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. This application is not of strategic significance and therefore only requires to be assessed against the relevant local plan policies. The area of the site is zoned as RTL 6, a Secondary, Village and Neighbourhood Commercial Area.

Policy RTL 6 recognises that there are other non-commercial uses, including residential, that are generally appropriate within commercial areas. Such uses would be seen in the context of improving or enhancing an area. Given the nature of the proposed development it would be compatible with existing residential development to the south of the site. The proposed use is also in accordance with policy HSG 1, (Housing Strategy) which directs new residential developments to brownfield sites and HSG 2, (Private Housing Development) and HSG 3, (Brownfield Housing Development) which support suitable infill or redevelopment of sites within the existing built up area. Notwithstanding this, the proposed development is subject to an assessment under Policy HSG 10, (Assessing Applications for Housing Development). This policy sets out the criteria that assess, amongst other things, the impact of the proposed

4.2

38

development on the existing built environment, density, layout and detailed design elements. Policy TR 13 (Assessing the Transportation Implications of Development) is also relevant and will be covered in paragraph 4.6 below.

In terms of policy HSG 10, this proposal is in outline and the layout plan provided as part of the application is for illustrative purposes only. A more detailed assessment of design can be carried out as part of any subsequent detailed application, however, the principle of flatted blocks fronting onto West Hamilton Street, Watson Street and Mason Street is acceptable subject to appropriate heights. Although the building is not listed, it does have architectural merit and is a prominent landmark within the town centre. As a result of this Architecture and Design Scotland (ADS) have been consulted as well as the councils Built Heritage and Design Team. At the starting point of the assessment of this application it was generally considered that it would be more appropriate for the building to be retained and converted because of its quality and prominence. The building has in effect had three lives so far being constructed in the 19OOs, extended in the 1930s and converted into business units in the 1980s. ADS expressed a preference for the building to be retained and converted for residential use, however if this was not possible they advised that any replacement development should be at least of the same architectural quality of the existing building at this prominent location. This view was reiterated by the Built Heritage and Design Team. Furthermore, in this regard, the applicant has submitted a supporting letter regarding the proposed demolition, in which, the applicant states that the physical structure of the building means that it is economically and physically obsolescent. The applicant argues that features such as access points, floor to ceiling heights, layout and window positions mean that the building cannot be effectively or economically reconfigured to provide residential accommodation. In terms of layout, it is considered that the building with its square 'doughnut' plan, external central courtyard and internal decked access does not readily lend itself to residential conversion, leading to window to window overlooking and access issues. Furthermore, the building does not readily lend itself to a new build extension due to its square plan and distinctive design and massing. Having taking into account the applicant's justifications it is therefore considered that, on balance, the demolition can be justified in this context although the building could satisfactorily continue as a business centre providing a variety of accommodation with adequate parking and access at this central location.

4.3

4.4 As previously stated, Scottish Water, SEPA and the Council's Geotechnical Team Leader have expressed no objections to the proposal in terms of proposed drainage in the light of the Drainage Strategy Statement submitted by Faber Maunsell. It is considered that these aspects can be covered by the application of the appropriate conditions. Similarly, the comments of The Countryside and Landscape manager regarding play provision can be addressed by condition.

The comments of the Pollution Control Team Leader are noted. The objection is because the site lies within Motherwell Air Quality Management Area (AQMA) and the development will introduce additional traffic into the area to the detriment of air quality. The Team Leader also points out that air quality is a material consideration as stated in Planning Advice Note 51. It is however considered that the previous business centre use did generate significant levels of traffic and this use could be re-established without requiring planning permission. Furthermore, as confirmed by the Transportation Team Leader, there will be no net detriment in terms of traffic generation between the old use and the proposed use. Although air quality is a material consideration, in the context of this central location, it is not considered to be a strong enough material consideration to refuse the redevelopment of the site.

4.5

4.6 The Transportation Team Leader has expressed no objections to the proposal and considers that there will be no net detriment in terms of traffic generation between the previous use and the proposed use, in terms of junction capacities. This is subject to the provision of a suitable access to the site and the provision of prescribed visibility splay onto Mason Street. The proposal is therefore considered to comply with the criteria contained in Policy TR 13.

In terms of the objection from Royal Mail Group plc, I would comment as follows. Firstly, I am 4.7

39

satisfied that the correct neighbour notification procedure has been carried out. Secondly, it is considered that the proposal accords with the land use zoning in the local plan and all other relevant policies, including TR 13 (Assessing the Transportation Implications of Development) as confirmed by the comments provided by the Transportation Team Leader. The objections in terms of land use policy and traffic generation are therefore not considered to be valid. With regards to construction work impact, this is a natural consequence of development which can be effectively controlled through separate Environmental Health legislation.

4.8 In conclusion, it is considered that the proposal complies with the Development Plan and that, on balance, the demolition of the existing building can be justified provided that a replacement development of at least equivalent architectural merit is achieved. This application is therefore recommended for approval subject to the application of the appropriate conditions.

40

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


S/08/00574/FUL

24th April 2008

Mrs C Kelly Springfield House Springfield Road Glasgow G78 2SG

Mr P Moran F 212 108 Norman Street Glasgow G41 3XL

Change of Use from Car Maintenance Work Place (Class 5) to Pre-School Nursery (Class 10)

The Club 2 Donnelly Way Wishaw ML2 7XQ

18 Motherwell South East and Ravenscraig: Councillors Harmon, Lunny, McKay and Valentine

277257655819

S/PL/BF/11/20/KD/GF

0 S/96/10527/FUL Change of use from Club to Garage and Erection of Extension - Approved 16 January 1997

0 S/07/00515/FUL Change of Use to Car Maintenance and M.0.T Station and Erection of Workshop -Approved 10 August 2007

The site is covered by Policy IND 8 (Established Industrial and Business Areas) in the Southern Area Local Plan (Modified 2001, 2004 and 2005)

Yes

None

No letters of representation received

Advertised on 30th April 2008

41

42

Recommendation: Approve Subject to the Following Conditions:.

1.

2.

3.

4.

5.

6.

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


That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- NIETNNO, NIETNNO118, and NIETNNO 1I2.


That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the permission hereby granted shall relate to the use of the premises; solely for a use included within Class 10; of the Town and Country Planning (Use Classes) (Scotland) Order 1997.

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

That before development starts, details of a scheme, which provides sufficient space within the curtilage of the application site for:- (a) the parking and manoeuvring of cars including details of a drop off and pick up point for

customers, (b) 1 space per member of staff be provided within the site, and (c) parking bays should measure 2.5m x 5.0m with a 6m wide parking aisle that extends I m

beyond the termination of the bays, shall be submitted to and approved in writing by the Planning Authority.

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

The BEFORE the development hereby permitted is brought into use, all the parking approved under the terms of condition 4, shall be completed and shall, thereafter be maintained as such.

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

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


Background Papers:

Application form and plans received 16'h April 2008 Letter of Justification from applicant received 1 Ith June 2008

Memo from Transportation Team Leader received 15ith May 2008 Memo from Head Of Protective Services received 30th April 2008


43

Any person wishing to inspect these documents should contact Mr Kevin Divin at 01698 274107.

Date: 5 August 2008

44

APPLICATION NO. S1081005741FUL

REPORT

I.

1.1

1.2

1.3

1.4

2.

2.1

3.

3.1

3.2

3.3

4.

4.1

DescriDtion of Site and Proposal

Planning permission is sought for the Change of Use from a car maintenance workplace (class 5) to a pre-school nursery (class 10) at ‘The Club’, 2 Donnelly Way, Etna Industrial Estate, Wishaw.

The building is the former ‘Craigneuk’ workingman’s social club which is currently vacant. It is situated within an established industrial and business area and is bounded by properties of different types of industrial uses.

The premises in question is a two storey detached building with rendered elevations, a red brick base course and a flat roof. The premises has car parking to the front, vehicular access off Donnelly Way and 1.8m boundary wall and rails.

The application is for the Change of Use to the premises, there are no external alterations proposed for the building, only internal alterations. It is proposed that a parking area and play area is formed within the site. The applicant has confirmed that there would approximately 12 full-time staff employed.

Development Plan

The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as Policy IND 8 (Established Industrial and Business Areas).


The Transportation Section has no objections to the proposal subject to a parking provision of 1 space per member of staff be provided within the site. Also that the proposed parking bays should measure 2.5m x 5.0m with a 6m wide parking aisle that extends I m beyond the termination of the bays. As such, an amended parking layout should be submitted taking this into consideration.

Protective Services commented that a note should be placed on any consent relating to the production of noise during construction periods; control of site generated dust; the burning of waste material and exterior lighting. They advised that limits be imposed on noise from any plant machinery and any noise associated with the development.

Following the standard neighbour notification procedure, no representations were received.

Planning Assessment and Conclusion

The proposal requires to be assessed under the terms of the development plan and any other material considerations. The application is not of strategic significance and requires to be assessed against Local Plan policies. In this instance the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) is relevant, where the site is zoned as IND 8 (Established Industrial and Business Areas). Policies IND 10 (Assessing Other Developments on Industrial and Business Land), CS 1 (Provision of Community Facilities), CS 4 (Assessing Applications for Community Facilities) and TR13 (Assessing the Transportation Implication of Development) are also relevant.

45

4.2 Policy IND 8 (Established Industrial and Business Areas) seeks to retain the existing character of established industrial and business areas by safeguarding existing uses and supporting the development of general industrial, distribution, storage or class 4 business uses where appropriate. The policy also recognises that there are circumstances where other uses may be acceptable within industrial and business areas, Policy IND 10 (Assessing Other Developments on Industrial and Business Land) sets out the framework for assessing such proposals. This framework sets out the following criteria;

1. Is there a surplus in the land supply for business and industry in the area where the development is being proposed?

2. Are there suitable alternative sites for the proposed development? 3. Would the proposed development lead to the re-use of vacant or under-utilised industrial

land? 4. Would the proposed development undermine the attractiveness of a location for industry

and business? 5. Is there a specific locational requirement for the proposal? 6. Would the proposal result in a significant economic benefit to the plan area? 7. Could there be a potential impact on travel patterns and accessibility by public transport?

Based on the criteria set out above, I can confirm that as the building has been vacant for some time, it is evident that there is little demand in the area resulting in this property being surplus. The application site is the most appropriate site put forward by the applicant as it is the most suitable for the proposed childcare use. The proposal would result in the re-use of a vacant building without resulting in a detrimental impact on the character of the industry and business location. The applicant has identified a need for a childcare facility in the area and it is considered that the residential developments currently under construction adjacent to the area are likely to add to demand for such a facility. In addition, the proposal would result in an economic benefit to the area by being back to life a long term vacant property. The site has good public transport links due to its proximity to the local bus route. The impact on traffic will be considered in full under policy TR 13 below. Therefore, it considered that the proposed change of use is in accordance with policies IND 8 and 10.

4.3 Policy CS 1 (Provision of Community Facilities) seeks to enhance the range and quality of community facilities by supporting the provision of childcare services where this accords with the criteria established in policy CS 4 (Assessing Applications for Community Facilities). This policy states that in determining applications for Class 10 Non-Residential Institutions (e.g. Children's Day Nursery) as defined by the Town and Country Planning (Use Classes) (Scotland) Order 1997, the Council will consider, amongst other things, the following:-

1. the extent to which proposals meet a shortfall in the provision of Community Services, 2. the suitability and impact of the proposal on the character and amenity of adjoining

properties and the surrounding environment, 3. the provisions made for vehicular access, parking, and impacts on pedestrian safety and

traffic circulation, and 4. detailed design elements such as building height, materials, positioning, and access for

pedestrians and disabled people.

4.4 In assessing this proposal against the provisions of policy CS 4, the proposal to provide a childcare provision within the area will offer an important facility for local residents seeking to enter into employment and is considered to comply with point 1. Regarding point 2, the proposed use would bring back unto commercial use an existing vacant building without resulting in a detrimental impact on the character and amenity of the area. Given that the building already exists and no external alterations are proposed to the building, the proposal would comply with point 4. The impact on traffic circulation and manoeuvring will be considered under policy TR 13 below but otherwise, it is considered to accord with policies CS 1 and 4.

46

4.5 Policy TR13 states that the Council will take account of criteria including: the impact of the development on road traffic circulation/road safety and the provision made for access, parking, and vehicle manoeuvring. In this regard as indicated in paragraph 3.1 above, subject to conditions, my Transportation Team Leader has raised no objections. Therefore, it is considered that the proposal would comply with the criteria set out in Policy TR 13.

4.6 The comments made by Protective Services relate to matters that fall within the separate legislation, however, it is recommended that are attached as advisory notes to the planning consent to inform the applicant.

4.7 In conclusion, taking account of the development plan and other material considerations, it is considered that the proposed Change of Use to a day care nursery (class 10) would revitalise a building that has remained vacant and disused for a significant period of time and the proposal conforms policies IND 8 , IND 10, CS 1, CS 4 and TR 13. Bearing in mind the nature of the locality, it is considered that the proposal is acceptable. It is recommended that planning permission be granted subject to conditions.

47

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

S/08/00881 /FUL

12th June 2008

TAL CPT Land Development LLP 2 Renshaw Place Eurocentral MLI 4UF

lronside Farrar Ltd 11 1 McDonald Road Edinburgh EH7 4NW

Change of Use from Class 4 to Class 3 (Restaurant)

2 Parklands Avenue Eurocentral Holytown

15 Mossend and Holytown: Councillors Coyle, Delaney and Mc Keow n

275956661923

S/PL/AMCL/G F

S/06/01874/AMD Further Amendment to Outline Consents (522191) and (S/05/00040/AMD) to Increase the Gross Floorspace and to Change the Mix of Class 4, 5 and 6 Uses S/07/00854/REM Construction of Business Units (Class 4) - Reserved Matters for application 06/01 8741AMD - Architectural Design and Road Layout S/07/00872/REM Construction of Business Units (Class 4) - Reserved Matters for application 06/01 874/AMD - Drainage S/07/00998/REM Construction of Business Units (Class 4) - Reserved Matters for application 06/01 874/AMD - Landscaping Works S/08/00863/FUL Change of use from Class 4 to Class 1 and Non-compliance with Condition 14 of Application 522191

Glasgow and Clyde Valley Structure Plan 2006 Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zoned IND 8 ‘Established Industrial and Business Areas’

Contrary to Development Plan: Yes

Consultations: None

Representations: No letters of representation received

Newspaper Advertisement: Advertised on 19th June 2008

48

This map IS reprodwad from Ordnance Surrey m a t e m M h the permnrion Of ordnance SUNBY on behalf dthe C~ntroiier of Her M a w W satlanery Once O C r m mpyrylht Unautharissd repwdubton infringes C r o w mpyrlght and m y lead to prmecuoo” or CNl l Proceedings Nanh Lanatlvhiie Council XXO23386 2008

PLANNING APPLICATION No. S I 0 8 / 00881/FUL

CHANGE OF USE FROM CLASS 4 TO CLASS 3 ( RESTAURANT )

2 PARKLANDS AVENUE. EUROCENTRAL, HOLYTOWN.

Produced by Nolth Lanarkshire Council ~ l a l m n g and Environment Department Dalriel Building, 7 Scon Street,

lax 01698 403053

49




That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 7056.101 .dwg and KD-MAX-0300- 003 Rev 1.

2.


Background Papers:

Application form and plans received 5'h June 2008

Glasgow and Clyde Valley Structure Plan 2006 Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mr Alistair Maclean at 01698 2741 05.

Date: 5 August 2008

50

APPLICATION NO. S/08/00881/FUL

REPORT

1.

1 .I

1.2

1.3

2.

2.1

2.2

3.

3.1

4.

4.1


This application is for the Change of Use of part of the ground and first floors of one of the Class 4 Offices at Eurocentral to Class 3 ‘Restaurant’. The unit involved is Unit 1 of Building 3 within the Maxim Business Park which is currently under construction. The unit will occupy 786 square metres of the semi-circular part of the Hub building (393 square metres on each floor).

The site is presently under development and lies to the south east of the Dakota Hotel. It will be within the Class 4 Business Development site which is a high quality business development site with substantial landscaping to enhance the quality of the site. The Hub building is designed to have uses ancillary to the businesses within Eurocentral. The remainder of the ground floor of the building will comprise retail uses, being dealt with under a separate application under delegated powers. The remainder of the first floor and the upper floors will comprise Class 4 (Business) uses.

While the original consent for Eurocentral (522/91) primarily restricted the majority of the site to Class 4, 5, 6 uses, the consent also allowed for a variety of uses within the overall site. Areas were also allocated for Hotel and Amenity Hub, to be located on Townhead Avenue, within the site. However a more recent amendment to the consent (06/01874/AMD), following the closure of Chungwha (CPT), restricted the uses within the Chungwha site to Classes 4 (Business), 5 (General Industry), 6 (Storage and Distribution) and 7 (Hotel). The site for the Amenity Hub has since been developed for a Class 6 (Warehouse) use, thus, the amenity hub will be relocated to this site close to the Dakota Hotel.

Development Plan

The application raises no strategic issues as Eurocentral is identified on Schedule 5b of the Approved Glasgow and the Clyde Valley Joint Structure Plan 2006 as a ‘Strategic Industrial and Business Location‘. As such the application can be considered on the basis of the local plan policies.

The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) zones the site as IND8 ‘Established Industrial and Business Areas’.

Consultations and Rewesentations

No consultations were undertaken as these were dealt with at the times of the main planning consents. No representations have been received.

Planninn Assessment and Conclusions

The application raises no strategic issues and can therefore be considered on the basis of the local plan policies. The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) zones the site as IND8 ‘Established Industrial and Business Areas‘. This policy seeks to retain the existing character of such areas by safeguarding existing uses and supporting the development of General Industrial, Distribution, Storage or Class 4 Business Uses where appropriate.

51

4.2 The development is contrary to this policy, nevertheless small scale alternative uses such as retail, restaurant, creche, etc. can be considered as appropriate ancillary uses within the business development area. Thus, while the proposal is contrary to the development plan, the proposal is acceptable to encourage development within the business development area. The principle of this type of development has been established under the original outline consent for Eurocentral (ref. 522/91) albeit on another site. The Class 3 facility was not specified or restricted in size. The reserved matters consent for the details of this development envisaged a retail and leisure element amounting to 1836 square metres within this development. This proposal, together with the application for retail use (S/08/00863/FUL) amounts to slightly under that floorspace.

4.3 The proposal is located within a site with adequate parking for the business uses. As stated in paragraph 4.2 above, the reserved matters consent for this area proposed a retail and leisure element. Parking requirements for these uses are higher than for Class 4 (Business) use, nevertheless, parking provision within the overall development is substantially in excess of the Council’s minimum standards, thus the parking provision will cope with increased demand in this development.

4.4 There is no residential development nearby so noise is not an issue. The only users nearby are within the business development area.

4.5 Although the development is contrary to this policy, I consider the proposal is an appropriate ancillary use within the business development area, therefore I recommend that permission be granted.

52

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations :


SI0 810 0 92 71F U L

3rd July 2008

Jim Muirhead 56 East Main Street Blackburn EH47 7QS

W D Blair Associates 6 Fauldhouse Road Longridge West Lothian EH47 8AQ

Subdivision and Extension of Dwellinghouse into Three Dwellings and Erection of Detached Dwellinghouse

18 Hirst Road Harthill ML7 5TL


288076 663991

SIPLIB11 7185lEMUG F

S/O71015171FUL Conversion of Existing Building into 3 Separate Dwellings, Loft Conversion and 2 Storey Rear Extension - Application Withdrawn

The site is zoned as ENV8 (Countryside Around Towns) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Yes

Scottish Water


Advertised on 9th July 2008

Recommendation:

1.

Refuse for the Following Reasons:-

That the proposed dwelling is contrary to Policies ENV 8 (Countryside Around Towns) and HSG 12 (Housing in the Green Belt and Countryside) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) as there is no proven appropriate countryside operational need and that the development would therefore constitute unjustified sporadic development in the countryside to the detriment to this semi-rural location. Furthermore, the approval of a dwellinghouse would set an undesirable precedent for other similar developments within the countryside.

53

Prodwe4 by Kjrh Lin-re Cwnal

PLANNING APPLICATION NO SI 09 I00927 I FlJL

S ~ ~ I ~ I S I ~ N AND EXTENSION OF WELLING i r w THEE w E u i r m AN[? ERECTION OF D E T ~ G H E D DIMELINGHOUSE

18 HlRST ROAD, HARTHILL Cx O I W 401313

54

2. The proposed development is contrary to Policies ENV 8 (Countryside Around Towns), HSG 13 (House Extensions) and the aims of Policy HSG 12 (Housing in the Green Belt and Countryside) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) in that the proposed extension would constitute a design which is incompatible with the building and the surrounding semi-rural area. Furthermore, the approval of an extension of this nature would set an undesirable precedent for other similar developments within the countryside.

The proposed development is contrary to Policy HSG 10 (Assessing Applications for Housing Development) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) in that the proposed subdivision and extension of the existing property and construction of the new dwelling would adversely affect the character and amenity of the area as the proposals would not complement the existing surrounding properties in terms of building form, scale, style and finish. In addition the proposed development fails to comply with the current open space requirements in terms of the Council's "Developers Guide to Open Space as the development would result in insufficient provision of garden ground for both the subdivided dwellings and proposed dwelling.

3.

4. The proposed development is contrary to policies TR13 (Assessing the Transport Implications of Development), HSGl 0 (Assessing Applications for Housing Development) and HSGl2 (Housing in the Green Belt and Countryside) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) in that the parking and access arrangements are unsatisfactory in terms of width, visibility and geometry, with no passing places, and would lead to additional vehicular traffic on Lynallan Road to the detriment of road safety.

Background Papers:


Memo from Transportation Team Leader received 5'h August 2008



Date: 5 August 2008

55

APPLICATION NO. S/08/00927/FUL

REPORT

1.

1.1

1.2

1.3

2.

2.1

3.

3.1

4.

4.1

4.2

4.3


The applicant seeks full planning permission for the subdivision of a dwellinghouse into three dwellings and erection of detached dwellinghouse at 18 Hirst Road, Harthill.

The site is a detached dwelling and garden ground which is located between Hirst Road and Lynallan Road. The dwelling fronts onto Hirst Road and is in a semi rural setting with residential properties either side, the M8 Motorway to the north, and Tams Loup Quarry to the south. The property has a rear garden measuring approximately 30m by 21m (630 square metres in area) and appears to be poorly maintained.

The application proposes the subdivision of the existing dwelling into three separate dwellings in addition to a two storey flat roof rear extension to the rear of the existing building. The proposed extension would be 3.8m by 14.5m (55 square metres) and runs the entire rear width of the existing building. The extension incorporates a roof cladding on the second storey to match in with the roof of the existing dwelling. The application also proposes the erection of a one and a half storey dwelling 8.3m in height and measuring 117 square metres in area. The proposed new dwelling would be accessed of Lynallan Road and is of a fairly modern design.

Development Plan

The site is zoned as ENV8 (Countryside Around Towns) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

Consultations and Rewesentations

The Transportation Team Leader has commented that the parking and access arrangements are unsatisfactory in terms of width, visibility and geometry, with no passing places, and would lead to additional vehicular traffic on Lynallan Road to the detriment of road safety and has therefore recommended that the application be refused.

Plannina Assessment and Conclusions

Planning applications require to be assessed against the Development Plan and other material considerations. The proposal raises no strategic issues and can therefore be assessed against Local Plan Policies.

The site is zoned as ENV8 (Countryside Around Towns) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policies HSG 10 (Assessing Applications for Housing Development), HSG 12 (Housing in the Green Belt and Countryside), HSG 13 (House Extensions), and TR 13 (Assessing the Transport Implications of Development) are also relevant.

Policy ENV 8 (Countryside Around Towns) seeks to promote and protect the Countryside and will not normally permit development other than that which relates to specified rural uses including agriculture, forestry, outdoor leisure and recreation. Policy HSGl2 (Housing in the Greenbelt and Countryside) provides scope for new houses in the Countryside, which do not form replacement dwellings, but only where there is a proven operational need in accordance with the criteria set out in policy ENV8. The applicant is unable to provide relevant justification

56

for the new dwelling as there is no associated agricultural or business operation or adequate land holding associated with the proposed dwelling. There is therefore no justification for a new dwellinghouse at this location and I consider it to constitute unjustified sporadic development in the countryside contrary to policies ENV8 and HSG12. Approval of such an application would set an undesirable precedent and it should be noted that similar applications have previously been refused for such proposals.

Policy HSG 13 (House Extensions) is also relevant to this application. The policy states that when determining applications for extensions the Council will take into consideration criteria which include; the size, proportion and positioning of the extension; the impact of the extension on street scene (or in this instance surrounding semi-rural area); and the external finish, roof pitch, window size and design details of the extension, The proposed development includes the subdivision, alterations and extension to an existing dwelling within a countryside area. The proposed extension seeks major alterations to the rear of the existing property with a two storey flat roof extension projecting 3.8m beyond the existing rear of the dwelling. The scale, nature and design of the proposals are not considered to be appropriate or in keeping with the dwellinghouse or the surrounding semi-rural area. The two storey flat roof rear extension would be unattractive, overlarge and incongruous when viewed in relation to the surrounding semi- rural properties. The incongruity and unattractiveness is exacerbated by the non traditional design of the cladding proposed for the roof of the rear extension and would detrimentally alter the appearance of the dwelling significantly. The non traditional design of the extension would detract from the visual amenity of the building and the local area and would set an undesirable precedent for future similar extensions. The proposed extension is therefore considered contrary to Policy HSGl3.

Policy HSG 10 sets out the criteria against which new housing proposals will be assessed including: impact of the development on the existing built and natural environment; density; layout and mix of housing; detailed design elements; reducing crime; provisions made for landscaping and open space; and provision made for roads, access, parking and garage space. In assessing this particular proposal in terms of Policy HSG 10, it is considered that in land use terms the development of the site for the subdivision of the existing dwelling into three dwellings and construction of an additional dwelling is unacceptable and would adversely affect the character and amenity of the area. The design and layout of the proposed development is considered substandard and would have a detrimental effect on the overall visual amenity of the area. Furthermore the proposals would not complement the existing surrounding properties in terms of building form, scale, style and finish. The proposed development fails to comply with the current open space requirements in the Council’s “Developers Guide to Open Space and is therefore considered contrary to the terms of policy HSG10. The transportation issues are considered below.

4.4

4.5

4.6 Policies HSG10, HSG12 and TR13 require suitable provision for access, parking and manoeuvring to a development site. It is considered that the development is likely to have an adverse impact on road safety as there is inadequate provision for access in terms of width, visibility and geometry and additional traffic would be generated. In addition the proposals fail to meet the required parking standards as set out in the Guidance of the Councils Transportation Section. My Transportation Team Leader has recommended refusal of the application given the substandard parking provision and access proposed.

The current application does not comply with policies designed to protect the Countryside, to safeguard the design integrity of buildings and to promote road safety. The new dwelling will however adversely effect the open nature of this semi-rural location. Furthermore the extension is unattractive, incongruous and over large. There is inadequate parking provided and the access is substandard. The proposals are therefore recommended for refusal.

4.7

57

Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Cons u I ta tions :

Representations:


25th June 2008

Mr Chan CIO Agent Architectural Design Studios Carnwath MLl l 8HR

Change of Use from Carpet Showroom to Hot Food Takeaway and Installation of Flue

35 Bellshill Road Motherwell

16 Motherwell West: Councillors Kelly, Ross and Valentine

274601 658023

SIPLIBFI 1 3/26/CCAIG F

No Relevant History

The site is zoned as HSG 8 Established Housing Areas in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 & 2005)

Yes

No external consultations required

None received

Advertised on 4th July 2008

Recommendation: Refuse for the Following Reasons:-

1. The proposal would be contrary to Policies RTL 11 and TR 13 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) as there is no off street parking provision, it will increase the level of on-street parking on Bellshill Road resulting in queuing traffic and obstruction, and impeding the passage of vehicles to the detriment of vehicular and pedestrian safety.

58

This map s mprcduced from Ordnance Suney material vdh tne DBlmlYOn Of OrdnmcdSuwey on k h s n d lhe Conlrollrr 01 Her M e p w z %t,OMry once 0 CfDxn mpvrght Unauthorised rePlcd"Ctl0" lntnngor c iom mpvraht and IMI i e ~ i 10 PtoyIstitxln o t c w PmcQdngr Nonh LmaWhi1e Covncil 1OMWOd MO8

PLANNING APPLICATION nO S I08 I00928 I FUL

CHANGE OF USE FROM SHOP TO HOT FOOD TAKE AWAY AND INSTALLATION OF FLUE

35 BELLSHILL ROAD MOTHERWELL

Produced by North Lanarkshire Councll ~lannino and Environment Deuartmenf.

te101698 274274V f~01698403053

59

Background Papers:


Memo from Transportation Team Leader received 30th June 2008 Memo from Protective Services Team Leader received 3rd July 2008

Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005)

Any person wishing to inspect these documents should contact Mr Colin Campbell at 01698 2741 18.

Date: 5 August 2008

60


REPORT

1.

1.1

1.2

2.

2.1

3.

3.1

3.2

4.

4.1

4.2


Planning permission is sought for the Change of Use of a former carpet showroom to a hot food take away and the installation of an extraction flue at 35 Bellshill Road, Motherwell. The application site is a single storey terraced unit which is located within a commercial site in an area zoned within an Established Housing Area in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 & 2005). The surrounding area is a mixture of retail, residential, industrial and business premises as well as a community facility. Bellshill Road is a busy main road linking Motherwell Town Centre with Bellshill Town Centre. The existing frontage of the proposed site consists of upvc windows and traditional brickwork. The site is sandwiched between Bellshill Road (A721) and the Glasgow - London railway line.

The applicant proposes to install an extraction flue to the north west wall of the building. The proposed internal layout will consist of a waiting area at the front and a kitchen to the rear of the front internal section of the property, with storage to the rear. There are no proposals for off-street dedicated parking as there is insufficient space for this.

Development Plan

The site is within an area covered by Policy HSG 8 (Established Housing Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005).


The Transportation Team Leader has recommended refusal of this application as a parking provision for 5 vehicles and an adequate servicing area requires to be provided for a fast food establishment. Given the confinements of the site this is deemed unachievable. The Protective Services Team Leader made comments with regard to air conditioning and ventilation equipment.

No objections were received to the application as a result of neighbour notification.

Plannina Assessment and Conclusions

In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. This application raises no strategic issues and can therefore be assessed in terms of Local Plan policies. Policies HSG 8, RTL 11 and TR 13 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) apply.

Policy HSG 8 seeks to protect the established character of existing and new housing areas by opposing developments which are incompatible with a residential setting or adversely affect the amenity of Established Housing Areas. Within the plan area the range of land uses which have the potential to cause hazard or nuisance to adjoining homes include industrial developments, commercial activities or businesses which generate pollution, noise, dust, heavy traffic or are visually intrusive. Any changes of use or proposed new uses will be considered in light of other policies contained within the Local Plan. The location of the site is such that the proposed Change of Use at the site would not comply with Policy HSG 8. Although zoned within HSG 8, the property has been in retail use for many years. To its north is a club hall for ‘Dalziel

61

Flying Club' (Pigeons) while to the south is a car wash. To the south of the property at the opposite side of Bellshill Road is a collection of retail and industrial premises.

Policy RTL 11 'Assessing Applications for Bad Neighbour Developments' is also relevant to this application. This Policy lists several criteria to be taken into consideration, including; the impact of the proposal on the character and amenity Of the adjoining properties and surrounding environment; the provisions made for vehicular access, servicing, parking, and the proposal's impact on pedestrian safety and traffic circulation. Vehicular access, servicing, parking, and the proposals impact on pedestrian safety are assessed in Policy TR 13 below.

Policy TR13, 'Assessing the Transport Implication of Development' requires an assessment of the level of traffic generated from the proposal: the impact that the development will have on road traffic circulation and road safety and; the provisions made for access, parking and vehicle manoeuvring. There are currently no off-street parking facilities adjacent to the proposed site. As indicated at paragraph 3.1 above, the Transportation Team Leader has recommended refusal of the application because the proposal would encourage further on-street parking on Bellshill Road. The application site is situated at a busy and sensitive location and it is considered that the proposal would significantly increase the amount of customers and delivery vehicles at the site. The proposal is therefore contrary to Policy TR13.

In conclusion, taking all aspects into account I consider that the proposed Change of Use to a hot food take away and installation of flue would encourage motorists to park for short periods on the Bellshill Road, resulting in a hazardous situation for motorists and pedestrians, and would be contrary to Policies HSG 8, RTL 11 and TR 13. On this basis, I recommend that permission be refused for this application.

4.3

4.4

4.5

62

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

S/08/00937/0UT

13th June 2008

House Fix (Scotland) Ltd Clo Agent

Stanley C. Cook M.R.T.P.1 12 Beveridge Terrace Mossend Bellshill ML4 2RJ

Construction of Flatted Development (In Outline)

Land At 109 And 111 Westwood Road Newmains ML2 9EL

19 Murdostoun: Councillors Martin, McKendrick, Shevlin and Taggart

282198656551

S/P L/B F/3/65/GO R L/G F

0 S/05/00279/OUT Erection of Dwellinghouse at land to Rear of 109 Westwood Road - Refused 11 th May 2005

0 S/05/01782/OUT Erection of a Flatted Residential Development (in Outline) - Approved 13th January 2006

0 S/05/01028/0UT Residential Development (In Outline) - Approved 19th September 2005

The site is covered by Policy RTL9 (Other Commercial Uses) and HSG8 (Established Housing Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)


Consultations: Scottish Natural Heritage (No Comment) Scottish Environment Protection Agency (Comments) Scottish Water (Comments) Scotland Gas Networks (Comments) Scottish Power (Comments)

Representations: 1 letter of representation received

Newspaper Advertisement: 25th June 2008

63

This map 15 reprod"& from Ordnance Suway materlal wlh the perm~ston Of Ordnance SUNey on behdlf d the Controlbr of Her MafesNi

copyright UnaullioriSed

mpyrighl end may lead I0 prosecuban 01 cwil proceedings Nanh Lanarkshire Council >MO23396 2008

Yatianeryoke @Crow

reprOd"ctl0" mtnnges crown

CONSTRUCTION OF FLATTED DEVELOPMENT ( IN OUTLINE )

LAND AT 109 & Ill WESTWOOD ROAD, NEWMAINS. WISHAW * Representation

Produced by North Lanarkshire Council Plsnning and Environineni Departnlent

fax 01698 403053

64


1.

2.

3

4

5.

6.

7.

8.


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

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number 1.

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

That before the 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 which shall








For the avoidance of doubt, no approval is hereby given for the submitted indicative layout plan comprising of a 42 unit three storey flatted development.

Reason: To define the permission.

That before the development hereby permitted commences, a 1 metre high boundary wall shall be constructed along the frontage of the site at Westwood Road and Murdostoun View, details of which shall be submitted to, and approved in writing by the Planning Authority.

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

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


That any remediation works identified by the site investigation required in terms of Condition 6,

65

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


9. That the development hereby approved shall be no more than two and a half storey in style and of a height commensurate with directly adjacent dwellings, unless otherwise agreed in writing by the Planning Authority.

Reason: In the interests of the visual amenity of the area and to safeguard the amenity of adjoining residential properties.

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

10.

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

11. That the building line of the development hereby permitted shall be no closer than 6 metres from the heel of the footway at Westwood Road, unless otherwise agreed in writing by the Planning Authority.

Reason: In the interests of visual and residential amenity.

12. That before the development hereby permitted is brought into use, the existing vehicular accesses to the application site shall be closed off and a 5.5 metre wide dropped kerb footway arrangement shall be established to match the existing kerb upstand, to the satisfaction of the Roads Authority.

Reason: To ensure satisfactory vehicular access to the site.

13. That before the development hereby permitted is occupied, a turning facility shall be provided and shall thereafter be retained within the curtilage of the site.

Reason: To enable vehicles to enter and leave the site in forward gear at all times.

That before the development hereby permitted starts, a right turn storage facility at Westwood Road shall be constructed and implemented to the satisfaction of the Roads Authority:

14.

Reason: In the interest of road and pedestrian safety.

That no pedestrian access shall be permitted from Westwood Road, unless agreed otherwise in writing by the Planning Authority.

15.

Reason: In the interests of vehicular and pedestrian safety.

16. That notwithstanding the requirements of condition 2 above, the design of the dwellings hereby permitted shall:

a) reflect and complement the local character of the surrounding area in terms of height, scale and use of building materials. b) satisfy the Councils Guidance on Open Space requirements for residential dwellings. c) satisfy the Councils Guidance on parking provision for residential dwellings.

66

d) satisfy the Councils Guidance on provision of play areas.

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

17. That the reserved matters application referred to in Condition 2 above shall include full details of the proposed surface water drainage scheme for the approval of the Planning Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled 'Drainage Assessment: A Guide for Scotland, and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water. If the area of ground required for the SUDS infrastructure impacts upon the proposed layout, a revised layout drawing for this part of the proposed development shall be submitted as part of, and prior to the determination of the Reserved Matters application and agreed in writing by the Planning Authority, unless otherwise agreed in writing with the said Authority.


That as part of any detailed or reserved matters application for this site, the applicant shall provide written confirmation to the Planning Authority that the requirements of SEPA and Scottish Water have been met including the provision of all necessary foul and surface water drainage infrastructure and that the development will not result in an increased pollutant loading being discharged to the receiving watercourse.

18.


19. That any subsequent detailed consent for the site will not be issued until a Legal Agreement is signed between the Council and developer with regard to the financial contribution of f250 per flatted dwelling and f500 per dwellinghouse for improvement to off-site play facilities within the locality in lieu of on site provision.

Reason: To ensure the satisfactory procurement of play provision in the interests of amenity.

Background Papers:

Application form and plans received 1 3'h June 2008

Letter from Scottish Natural Heritage received 4'h July 2008 Letter from Scotland Gas Networks received 3rd July 2008 Letter from Scottish Power received 3rd July 2008 Letter from SEPA received 23rd July 2008 Memo from Local Plans received 23rd July 2008 Memo from Head of Protective Services received 23rd July 2008 Memo from Traffic and Transportation Team Leader received 4'h August 2008 Letter from L & C Rea Ltd, Antonio Rea, 83 Westwood Road, Newmains, ML2 9EL received 27th June 2008

67


Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01698 2741 14

Date: 30 July 2008

68


REPORT

I.

1 .I

1.2

2.

2.1

3.

3.1

3.2

3.3

3.4


This application seeks outline planning consent for flatted residential development, indicatively containing 42 units. The application site comprises a vehicle sales, repair and maintenance garage at 11 1 Westwood Road, vacant land to the south of 109 Westwood Road (both of which received outline consent for flatted developments in 2005) and now the site of the residential property at 109 Westwood Road, which the applicant has since acquired. In effect this combines the two previously approved sites. Overall, the site comprises the main garage building and sales area at the north end, the two-storey dwellinghouse and associated garden ground located centrally and the open space to the south. The rear of two-storey residential properties (at King Street, Murdestoun View and Stewart Crescent) lie to the north and west, with three storey flats opposite on Westwood Road and a shop to south of the site. To the north lies the junction of Westwood Road and Murdostoun View.

The applicant has submitted an indicative layout comprising of a three storey flatted development consisting of two blocks fronting onto Westwood Road. The development would utilise the existing access to the garage and a parking court would be located at the rear of the site. A small area of open space is indicated at the northern end.

Development Plan

The site is zoned as Policy RTL9 (Other Commercial Uses) and HSG8 (Established Housing Areas) in the emerging Southern Area Local Plan Finalised Draft (Modified 200, 2004 and 2005).


The Transportation Section has objected to the proposed development. It is noted that the proposal would lead to an increase of right turn traffic manoeuvres from Westwood Road, where there is presently no right turn storage bay facility. However they have stated that should the application be granted, the existing access onto Westwood Road should be removed and replaced with a 5.5 metre wide dropped kerb arrangement with a right hand turn storage facility provided. It is highlighted that there should be no pedestrian access from Westwood Road to prevent on-street parking and a 600mm guardrail should be established along the frontage of the application boundary. With regards to the indicative layout, they commented that the turning facility is inadequate. Furthermore, the parking provision is substandard and a pedestrian footway requires to be continued into the site.

The Protective Services Section have commented that a site investigation survey should be submitted prior to the commencement of any works to confirm that the site is free of any harmful contaminants. Similarly, due to the location of Westwood Road, a noise assessment is also requested. In addition comments are made in relation to construction noise and dust, burning on site and intrusive lighting.

SEPA note that surface water drainage should be designed to comply with SUDS guidance with agreement from Scottish Water. Comments are also given in relation to pollution control throughout construction and domestic waste.

Scottish Water have no objections although note that further assessment of the waterisewer network capacity will be required nearer to the time of construction.

69

3.5

3.6

4.

4.1

4.2

4.3

4.4

4.5

Scottish Power and Scotland Gas Networks note the position of their apparatus in the vicinity.

One letter of representation has been received from the adjacent shop. The grounds of representation are that that the proposed development would obstruct the existing rights of access for customers at the newsagents at 83 Westwood Road, Newmains and would therefore affect the trading of this business.


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

The northern and southern sections of the site are zoned as Policy RTLS (Other Commercial Uses) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policy RTLS indicates an acceptance of continuation of established commercial uses. Notwithstanding this policy position, residential development of these sections of the site has already been accepted by the Council. The central section of the site (109 Westwood Road) is zoned as HSG8 (Established Residential Areas). Policy HSG8 aims to protect residential amenity. This application displaces the existing dwellinghouse to form part of a wider residential development. As the application proposes a continuation of residential use, the application complies with Policy HSG8 in principle.

Policy HSGl 0 (Assessing Applications for Housing Development) applies in the assessment of residential proposals and takes the following matters into consideration: the impact on the existing built and natural environment; density, layout and mix of housing; provision of landscaping, screening and open space; and provision made for roads, access and parking. The size of the site is such that residential development in some form can be accommodated. While the applicant has submitted an indicative layout for a specific flatted development, this is not considered acceptable. The layout provided is deficient in open space, contains an unacceptably large area of parking with limited landscaping and has building frontages located too close to the footway at Westwood Road. The applicant also proposes 42 units in two blocks of 3-storey flats. It has yet to be demonstrated that the site can accommodate this level of development whilst adhering to current parking and open space standards. Similarly detailed plans and street elevations would be required to assess the height and design of the flats and their impact on the amenity of neighbouring properties and the wider street scene. This level of detailed assessment would be carried out at the reserved matters stage.

In general terms, the application site is prominent at the junction of Westwood Road and Murdostoun View. Any residential buildings should take into consideration the impact on the character of Westwood Road and the surrounding residential properties which are predominantly two-storey. There are three storey flats opposite, however these are small in terms of their design with their ground level below the level of the road. Subsequently, a planning condition is recommended to restrict the height of the development to 2% storeys, sympathetic to the height of adjoining properties. It has not been demonstrated at this stage that anything higher is acceptable. Also proposed are conditions ensuring current open space and parking standards are satisfactorily achieved. For the purposes of outline planning permission, the proposal does however meet the criteria contained in Policy HSG10, subject to conditions.

Policy TR13 (Assessing the Transport Implications of Development) sets out a list of criteria which requires to be considered in the determination of this application. In this instance, the level of traffic generated and its impact on the adjoining land uses, impact of the development on road traffic circulation and road safety and the provisions for access, parking and vehicle manoeuvring are applicable. The Transportation Section has objected to the proposed

70

development in that it would lead to an increase of right turn traffic manoeuvres from Westwood Road, where there is presently no right turn storage bay facility. However they have stated that should the application be granted, various measures, such as the formation of a right hand storage bay, re-instatement of existing accesses and restricted pedestrian frontage access would help minimise road safety concerns. Given two thirds of the site already has permission for residential development, these concerns are not considered sufficient to merit refusal of the application. While aspects of the indicative layout are not acceptable, this application is Only in outline and no approval would be given for the details submitted. The application therefore complies with the aims of policy TR13 subject to conditions.

In regard to comments made by the Protective Services Section, a condition is proposed requiring a site investigation to be submitted prior to the commencement of any works, including the completion of remediation works as required. While a noise assessment has been requested, many properties already front Westwood Road at different locations and a noise assessment wasn't required through the two previously approved applications within this site. It is therefore not reasonable to impose such a condition. Comments made in relation to construction noise and dust, burning on site and intrusive lighting can be addressed through the imposition of advisory notes.

4.6

4.7 Sepa, Scottish Water, Scottish Power and Transco have no objections to the proposed development subject to the imposition of appropriate planning conditions. Given the majority of this site already has consent for flats, in this instance it is considered reasonable that the provision of appropriate drainage infrastructure can be secured through conditions requiring the submission of details at the reserved matters stage.

4.8 In relation to the points raised in the letter of objection, the applicant has been notified of the concerns over rights of access. Any matters relating to ownership or rights of access and the impact on the trading of the neighbouring business are not however material planning considerations.

4.9 In conclusion, the proposed residential development is contrary to local plan Policy RTL9 (Other Commercial Uses), however residential development on these sections of the site has already been accepted through previous applications. The additional section of ground forming part of this application is zoned for residential purposes. Adequate information has been submitted to demonstrate that the site can accommodate a flatted development, although the indicative layout is not acceptable. Details of how this site will be developed would be secured through a reserved matters application. It is therefore recommended that outline planning permission be granted subject to conditions.

71

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

SI0810 1 022lFU L

4th July 2008

Mr G Watson 15 Hawthorn Drive Shotts ML7 5NB

Hardie Associates Ltd 78 Hopetoun Street Bathgate EH48 4PD

Proposed Erection of Dwellinghouse & Kennels

Currieside Piggery Station Road Shotts North Lanarkshire


286512 659987

S/P L/B/17/46/E M UG F

S/05/01107/FUL Conversion and Extension to Outbuilding to Form Dwellinghouse - Refused 19th September 2005 S/06/01802/FUL Construction of a Dwellinghouse - Refused 28th February 2007 S/07/01389/LUC Application for Certificate of Lawfulness for Siting of Existing Caravan for Business Use Only -Approved 17th April 2008

The site is zoned as ENV8 (Countryside Around Towns) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Contrary to Development Plan: Yes

Consultations: None

Rep resen ta t ions : No letters of representation received

Newspaper Advertisement: Advertised on 18th July 2008

72

73

Recommendation:

1.

Refuse for the Following Reasons:-

That the proposed dwelling is contrary to Policies ENV 8 (Countryside Around Towns) and HSG 12 (Housing in the Green Belt and Countryside) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) and RUR 2 of the adopted Shotts Local Plan 1982 as there is no proven operational need and that the development would therefore constitute unjustified sporadic development in the countryside to the detriment of the local rural amenity.

The proposed development is contrary to policies TRI 3 (Assessing the Transport Implications of Development), HSG 10 (Assessing Applications for Housing Development) and HSGl2 (Housing in the Green Belt and Countryside) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) in that access arrangements are unsatisfactory in terms of width, visibility and geometry, with no passing places, and would lead to additional vehicular traffic on Deas Road to the detriment of road safety.

The proposed development would set an undesirable precedent for unjustified rural development in the countryside to the detriment to rural amenity.

2.

3.

Background Papers:

Application form and plans received 4'h July 2008

Memo from Transportation Team Leader received 4'h August 2008 Memo from Head of Protective Services received 18'h July 2008

Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) Shotts Local Plan 1982 SPP3 Planning For Housing SPP15 Planning for Rural Development


Date 5 August 2008

74


REPORT

1.

1 .I

1.2

1.3

1.4

1.5

1.6


The application seeks full planning permission for the erection of a dwellinghouse and Kennels at Currieside Piggery, Station Road, Shotts.

The application site is situated at the end of Deas Road, a minor private access extending from the end of Station Road. The site itself comprises a mix of outbuildings of stone, wood and corrugated iron construction in addition to a caravan located on site. The positioning of the buildings is such that they form a compound with additional fencing marking the perimeter. The site is surrounded by farmland with the land dropping away in level to the south. The wider area comprises a mix of fields and trees and the site has open aspects to the south.

The application proposes to erect a new single storey dwelling, measuring 160 square metres in area and comprising a traditional rural design. In addition the applicant proposes construction of a new kennels building measuring 85 square metres, 2.8 metres in height and comprising 16 separate kennels.

The applicant has previously stated that a business operates from the property training and breeding sheepdogs, utilising further agricultural land under his ownership to the south. Historically the property has also operated as a piggery.

A previous application S/05/01107/FUL for the conversion and extension of an outbuilding to form a dwellinghouse was refused by committee on lgth September 2005. The grounds for refusal were that the proposed conversion and extension of the outbuilding to a form a dwellinghouse was contrary to Policies ENV 8 (Countryside Around Towns) and HSG 12 (Housing in the Green Belt and Countryside) of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) and RUR 2 (Rural Areas) of the adopted Shotts Local Plan 1982 in that the building was not worthy of preservation, there was no proven operational need and that the development would therefore constitute unjustified sporadic development in the countryside. A further application S/06/01802/FUL for the construction of a dwellinghouse was refused by committee on 28'h February 2007. The grounds for refusal were the proposed dwelling is contrary to Policies ENV 8 (Countryside Around Towns) and HSG 12 (Housing in the Green Belt and Countryside) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) and RUR 2 (Rural Areas) of the adopted Shotts Local Plan 1982 as there is no proven operational need and that the development would therefore constitute unjustified sporadic development in the countryside. In addition the proposed development was considered contrary to policies HSGlO (Assessing Applications for Housing Development), HSGl2 (Housing in the Green Belt and Countryside) and TR13 (Assessing the Transport Implications of Development) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) in that the access arrangements were unsatisfactory in terms of width, visibility and geometry, with no passing places, and would lead to additional vehicular traffic on Deas Road to the detriment of road safety.

The applicant has stated in support of the application that a certificate of lawfulness was recently issued retrospectively for the siting of a residential caravan at this property. This however is not the case as the siting of the caravan was solely for business use. The siting of the caravan therefore bears no relation to the current application and as such is not considered sufficient justification for a new residential dwelling on site.

75

2. Development Plan

2.1

2.2

The site is zoned as RUR 2 (Rural Areas) in the adopted Shotts Local Plan 1982.

The site is zoned ENV8 (Countryside Around Towns) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005).

3. Consultations and Representations

3.1 My Transportation Team Leader has recommended refusal of the application as Deas Road is currently a private road, which is substandard in terms of geometry, visibility and width being less than 3 metres at its narrowest point with no passing places. The construction of the proposed dwellinghouse and operation of a Kennels at this location would lead to additional vehicular traffic on Deas Road to the detriment of road safety.

My Protective Services Section have no objections to the proposed development subject to a condition relating to the requirement for a site investigation report.

3.2

4. Planning Assessment and Conclusions

4.1 Planning applications require to be assessed against the Development Plan and other material considerations. The proposal raises no strategic issues and can therefore be assessed against Local Plan Policies.

4.2 The Adopted Shotts Local Plan 1982 designates the site as ‘Rural Land’ and policy RUR 2 applies. Policy RUR 2 details a general prohibition against new residential proposals unless it can be justified against certain criteria, including (1) development for the management and use of land for the purposes including agriculture and landscape improvement and (2) semi- agricultural uses (such as breeding kennels) with a presumption against associated residential development unless it can be shown to be subsidiary to the main use and cannot practically be located within an existing community.

4.3 The up-to-date policy position is found in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). The site is zoned as ENV8 (Countryside Around Towns) and policies HSG 10 (Assessing Applications for Housing Development), HSG 12 (Housing in the Green Belt and Countryside), and TR 13 (Assessing the Transport Implications of Development) are also relevant.

4.4 Policy ENV 8 (Countryside Around Towns) seeks to promote and protect the Countryside and will not normally permit development other than that which relates to agriculture, forestry, renewable energy, outdoor leisure and recreation, telecommunications or other appropriate rural uses. Policy HSG12 (Housing in the Greenbelt and Countryside) provides scope for new houses in the Countryside, which do not form replacement dwellings, but only where there is a proven operational need in accordance with the criteria set out in policy ENV8. In light of this, the applicant was requested by letter on the 8‘h July 2008 to provide additional justification for the new dwelling and kennels, however, no evidence of any agricultural or business operation associated with the proposed dwelling, the long term viability of any business and detailed requirements for the necessity for a dwellinghouse on-site to properly manage any associated business operations, has been forthcoming. In the lack of such evidence and a detailed business plan I consider that there is no justification for a new dwellinghouse at this location. Should these matters have been established a period of temporary accommodation would also be required, as well as the promotion of a Section 75 Legal Agreement to tie the occupation of the proposed new dwelling to someone engaged full-time in an appropriate rural business, and to prevent the subdivision of the proposed dwelling from the associated land. These issues

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have not been addressed by the applicant. In the absence of any satisfactory operational need to justify an additional dwellinghouse at this location I consider it to constitute unjustified sporadic development in the countryside contrary to policies ENV8 and HSG12. Approval of such an application would set an undesirable precedent and it should be noted that similar applications have previously been refused in this area.

Policies HSGIO, HSG12 and TR13 require suitable provision for access to a development site. It is considered that the development is likely to have an adverse impact on road safety as there is inadequate provision for access in terms of width, visibility and geometry and additional traffic would be generated. My Transportation Team Leader has recommended refusal of the application given the substandard access proposed.

In terms of national planning policy SPP15 (Planning for Rural Development) and SPP3 (Housing) are relevant in this case. SPP3 states (paragraph 40) that the Scottish Executive looks to planning authorities to safeguard the character of the countryside, and that ‘countryside around towns’ policies play an important role. SPP15 states (paragraph 25) that a key planning principle is to focus most additional housing at accessible locations, and the proposed dwelling does not meet this particular criteria. It is therefore considered that the proposed development would set an undesirable precedent for unjustified rural development in the countryside to the detriment to rural amenity. The applicant has provided no justification for a new dwelling in the Countryside in terms of both the local plan and national planning policies above and the application is therefore considered contrary to national planning policy.

4.7 In terms of the consultation responses the condition recommended by my Protective Services Section in relation to the submission of a site investigation report could be imposed if planning permission were to be granted.

4.5

4.6

4.8 The current application does not comply with policies designed to protect countryside within which it lies, and I therefore consider that Development Plan policies preclude the granting of consent for residential development. For the reasons identified this is an inappropriate form of development in the countryside and I do not consider that other material considerations justify departing from the presumption against development. The application is contrary to countryside protection and road safety policies of the Southern Area Local Plan Finalised Draft Modified (2001, 2004 & 2005) and will adversely affect the rural amenity. It is therefore recommended for refusal.

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Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


S/08/01035/OUT

27th June 2008

Mr G Gibson Mathieson & Gibson Ltd 12 Viscount Gate Bothwell G71

AJM Hillen Architect 1 Knights Gate Bothwell G71 8SS

Erection of 2 Dwellinghouses (In Outline)

Rowan Tree Bar 121 Bonkle Road Newmains ML2 9AW

19 Murdostoun: Councillors Martin, McKendrick, Shevlin and Taggart

282686656337

S/PL/BF/3/60/GO RLlGF

No relevant history

The site is zoned HSG8 (Established Housing Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005)

No

Scottish Water British Gas Scottish Power

(No objection) (Comments) (Comments)


Not Required


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

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Produced by North Lanarkshire Counoll Pksning atid Environment Department

fax 01698 403053

ThlS map 1s reproduced from Ordnance S w e y material wnh the prmason of ordnance SUNBY on behan of fhe Controller of Her MapsNs Slatlowly ORre 0 C r o w mpyight Unauthorised reprcdu~o" I"fil"ge6 c r o w mpyilght and may l e d to pr-ubon 01 CNll DroceedlngS North Lanarkshire Council 7033'23396 2008

PLANNING APPLICATION No S / 08 / 01035 /OUT

ERECTION OF TWO DWELLINGHOUSES ( IN OUTLINE )

ROWANTREE BAR, 121 BONKLE ROAD, NEWMAINS, WlSHAW

79


2. That before the 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 which shall







3.


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


5. That any remediation works identified by the site investigation required in terms of Condition 4 above shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the approved Remediation Strategy.


6. That notwithstanding the requirements of condition 2 above, the design of the dwellings hereby permitted shall:

a) be no more than 1% storeys in style and of a height commensurate with directly adjacent dwellings, unless otherwise agreed in writing with the Planning Authority, and designed to reflect and complement the local character of the surrounding area in terms of their height, scale and use of building materials.

b) have regard to the Councils Guidance on Open Space requirements for residential dwellings. c) have regard to the Councils Guidance on parking provision for residential dwellings.

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

The reserved matters application referred to in Condition 2 above shall include full details of the proposed surface water drainage scheme for the approval of the Planning Authority. The

7.

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applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000.


8. For the avoidance of doubt, no approval is hereby given for the submitted indicative layout plans.

Reason: This layout may not be acceptable, to enable the Planning Authority to consider these aspects in detail and to ensure the dwellinghouses integrate satisfactorily in the streetscene.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number A245.01.

9.


Background Papers:


Letter from Scottish Water received 17'h July 2008 Letter from Scottish Power received 1 8'h July 2008 Letter from Scotland Gas Networks received 22"d July 2008

Memo from Transportation Team Leader received 4'h August 2008 Memo from Head of Protective Services received 25jth July 2008


Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01698 2741 14.

Date: 3OJuly 2008

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REPORT

1.

1 .I

1.2

1.3

2.

2.1

3.

3.1

3.2

3.3

3.4

3.5

4.

4.1


The applicant seeks outline planning permission for the erection of 2 dwellinghouses at the Rowan Tree Bar, 121 Bonkle Road, Newmains.

The application site measures approximately 1300 square metres comprising the existing Public House and associated car park to the front. The site is relatively flat and is bound by a mix of housing with 1, 1% and 2 storey properties in the vicinity. There are no significant level differences with adjacent housing.

The application proposes that the site be split into two plots fronting Bonkle Road. Plot 1 (to the west) would be accessed directly from Bonkle Road at the position of the existing car park entrance. Plot 2 (to the east) would be accessed via Muirhouse Avenue, which runs parallel to and directly behind Bonkle Road at this location. While only in outline, the applicant has provided house positions within each plot (fronting Bonkle Road), staggered to allow for appropriate access and front garden ground.

Development Plan

The site is covered by policy HSG8 (Established Housing Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005).


The Transportation Team Leader has no objections to the proposed development, subject to conditions. These include a requirement for access to both plots to be taken via Muirhouse Avenue, appropriate access geometry and the provision of turning and parking facilities.

The Protective Services Section has no objections to the proposed development subject to a condition relating to the requirement for a site investigation report. Further comments are given in respect to construction noise and dust, burning of waste and lighting.

Scottish Power and Scotland Gas Networks have no objection but note the location of their apparatus in relation to the site.

Scottish Water have offered no objections to this application but have stated that the applicant will be required to contact Scottish Water Development Planning Team prior to the commencement of any development on site, and that non objection does not guarantee connection to Scottish Waters infrastructure.

No letters of representations have been received.


Planning applications require to be assessed against the Development Plan and other material considerations. The proposal raises no strategic issues and can therefore be assessed against Local Plan Policies. In this instance the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) is relevant, with the site being zoned as HSG 8 (Established Housing Area).

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4.2 Through Policy HSG8 the Council aims to protect the established character of existing housing areas by opposing development which is incompatible with their residential setting or adversely impacts upon the amenity of existing houses. The replacement of an existing public house with 2 dwellinghouses, in a wider residential area is considered to be acceptable in principle and to comply with the aims of policy HSG8.

Policy HSGI 1 (Infill Housing Development) sets out the criteria against which new infill housing proposals will be assessed including: impact of the development on the character and amenity of the surrounding area, dimensions of the site in respect to proposed garden ground, the effect of infill on garden space, privacy and sunlight received by surrounding properties, scale and design of the proposed properties and the provisions for vehicular access and parking. In assessing the application in terms of Policy HSGI 1, it is considered that the proposal would have an acceptable impact upon the character and amenity of the surrounding area. A single large public house building would be replaced by two smaller residential properties. Through the submission of an indicative layout, the applicant has demonstrated that both plots can accommodate a dwellinghouse whilst retaining an adequate level of garden ground. Similarly, the indicative layout demonstrates that a dwellinghouse can be accommodated without undue impact upon the amenity of neighbouring properties (sunlight and privacy), although final details of the proposed house types and further assessment of these matters would be secured through the reserved matters application. The design of the proposed dwellings would be assessed at the reserved matters stage but should have due regard to the height, configuration, design and finish of the residential dwellings in the surrounding area. I propose a condition limiting the style of the dwellinghouses to 1% storey in order that they do not over-dominate the nearest properties and ensure they fit comfortably in the streetscene. I also propose a condition ensuring that the Council’s open space requirements, as defined in the “Developers Guide to Open Space”, are achieved when full permission is applied for. The transportation issues are considered in paragraph 4.4 below. In summary it is considered that the proposal meets the criteria contained in Policy HSGl1, subject to the imposition of suitable conditions.

4.4 In assessing the transport implications of development policy TR13 (Assessing the Transportation Implications of Development) applies. This policy requires assessment of the proposal against various criteria including traffic levels generated, impact on the environment, adjoining land uses, road traffic circulation and road safety as well as the provisions made for access, parking and vehicle manoeuvring. My Transportation Section has no objections to the proposed development subject to conditions on layout, access, manoeuvring and parking provision. It has been demonstrated that these can be achieved although final details would be submitted at reserved matter stage. In respect to the requirement for both plots to be accessed from Muirhouse Avenue, while this solution is possible, it results in amenity implications with access to Plot 1 being taken over Plot 2 reducing the amount of ground for front gardens and parking provision. Plot 1, as proposed, utilises an existing access to the Public House. This constitutes a much reduced intensity in use, taking into account the potential level of traffic generated by a Public House. This also has benefits in allowing Plot 1 to maintain an independent access and allow greater use of the overall site for garden ground and in-curtilage parking and turning. Despite one access remaining from Bonkle Road, the proposals are considered to accord with Policy TRI 3.

In terms of other consultation responses, my Protected Services Section have offered no objections subject to the submission of a site investigation report and any remedial measures being undertaken prior to the commencement of development. These matters can satisfactorily be addressed by the recommended conditions. Other points raised can be addressed by advisory notes.

4.3

4.5

4.6 Scottish Water have offered no objections to the proposed development provided the developer contacts them prior to commencement of development on site. The level of development is such that it falls within the SEPA threshold of development that can be covered by conditions on drainage infrastructure.

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4.7 Matters raised by Scottish Power and Scotland Gas Networks can be addressed by advisory notes to the applicant.

It is considered that the development is acceptable in terms of local plan policy and would result in the acceptable use of a gap site within a residential area. Details can be secured through a Reserved Matters application. Therefore, I recommend that this application be approved subject to conditions.

4.8

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