DEPARTMENT OF PLANNING AND ENVIRONMENT · 2015-01-09 · APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 1 MARCH 2006 Page No. 24 30 35 40 45 Application No. N/05/01713/FUL Applicant

North Lanarkshire

Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

Planning Applications for consideration of Planning and Environment Committee

Committee Date : 1st March 2006

A G n n 4 17'EFdl MO, .IL--*r 4 ' "-^J

Ordnance Survey maps reproduced from Ordnance Survey with permissior- of HMSO Crown Copyright reserved

20

APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 1 MARCH 2006

Page No.

24

30

35

40

45

Application No.

N/05/01713/FUL

Applicant DevelopmentlLocus Recommendation

Bellisle Developments Ltd

Construction of Four Detached Grant Dwellinghouses - Land to the West of 81 Craigend Road Condorrat

N/06/00047/FU L

N/06/00065/FUL

Mr James Reid Extension to a Dwellinghouse - 17 Waverley Crescent Greenfaulds, Cumbernauld

Grant

0 2 UK Ltd Installation of 3 Roofiop Grant Telecommunications Antennae and Associated Equipment Cabinets - Buchanan Tower Buchanan Business Park Cumbernauld Road Stepps

N/06/00071 /LBC

N1061000741ADV

N/06/00125/FUL

London & Edinburgh Inns

Addition of Acrylic Canvas Awning to Front FaGade - The Villager, 62 Main Street The Village, Cumbernauld

Refuse

London & Edinburgh Inns

Display of Advertisements on Refuse Awning - The Villager 62 Main Street, The Village Cum berna u Id

Mr & Mrs A McMahon

Extension to a Dwellinghouse Grant 16 Netherwood Place Westfield, C u mbernauld

Request for Site Visit and Hearing No Papers Issued

50 C/05/01031/FUL Mr & Mrs McAuley

Erection of Ground Floor Shop (Class 1) and Ancillary First Floor Office Accommodation Gap Site to the west of No 108 Deedes Street, Airdrie

Grant

56

64

C/05/01412/FUL

C/05/01653/FU L

Trust Services Ltd

Erection of 4 Flatted Dwellings Land To The East Of 49-57 Woodside Street, Kirkshaws, Coatbridge

Grant

Messers William Ralston & Sons

Part Change of Use of Farm to form Riding School, Outdoor Rider Training Area, Associated Parking Facilities (In Retrospect) and Erection of Equestrian Shed (670M2) -Nether Bracco Farm Airdrie Road, Caldercruix

Grant

71 C/05/01923/FUL Mr & Mrs G. Mooney

Change of Use From Public Open Space to Private Garden Ground (In Retrospect) - Land east of 29 Kilbowie Place, Airdrie

Refuse

21


Page No.

76

84

93

99

106

111

121

127

Application No.

C/05/01943/FUL

C/05/01971 /FU L

C/05/02057/FUL

C/05/02094/REM

C/06/00051 /FUL

S/05/00302/FU L

S/05/00990/F U L

S/05/01577/FUL

Applicant

Pen n yca bs

M & M Properties And Development (Scotland) Ltd

0 2 UK LTD

Mr & Mrs J. McNeice

T-Mobile (UK) Ltd

Robertson Homes

Mr & Mrs J Findlay

Mr M Connelly

DevelopmentlLocus Recommendation

Demolition of Existing Garage and Private Taxi Call Centre and Erection of New Control Centre for Use of Private Taxi Company and Installation of 15M Radio Mast (Retrospective) Erection of 3NO Small Business Units - Service Station, Boness Road Chapelhall, Airdrie

Demolition of Storage Building and Erection of Three Shops (One Class 1 and Two Class 3 Hot Food Takeaways) and Two Flatted Dwellinghouses, Associated Parking and Landscaping - 31 Main Street, Glenboig

Installation of a 15m High Street Furniture Telecommunications Monopole Including Ancillary Equipment Cabinets - Land north of Dunrobin Primary School, Petersburn Road, Airdrie

Erection of 1% Storey Dwellinghouse (Reserved Matters for Application C/02/01200/0UT) Land east of Sunnydene 4 Drumbathie Road Airdrie

installation of 14.7 Metre High Telecommunications Monopole (with 3 Antennas) Shroud and Associated Equipment Cabinets - Pavement Adjacent to west side of West End Park, Alexander Street, Airdrie

Erection of 128 Detached Dwellings and Associated Works Land west of,Brannock High School, Loanhead Road, Moth erwel I

Alterations and Extension to Existing Dwelling and Alterations to Existing Garage - 4 Sharnotshields Holdings, Wishaw

Two Storey Extension to Dwellinghouse - 71 Harvest Drive, Motherwell

Part GranVPart Refuse

Grant

Grant

Grant

Grant

Grant

Refuse

Grant

22


Page No.

132

140

146

151

157

Application No.

S/05/0 1 88 1 /FU L

S/05/02018/FUL

S/05/02050/OUT

S/05/02088/FUL

S/06/00015/FUL

S/O6/00087/FU L

Applicant

Lanarkshire Housing Association

The Sherwood Manor

Mr Bruce McKelvie

National Australia Group Ltd

Ms E Robertson

National Grid Wireless Telecoms Project Off ice

DevelopmentlLocus Recommend at ion

Residential Development Grant Comprising 26 Units - Land at Junction of Princess Road, Coronation Road, New Stevenston

Construction of Timber Decking to Front of Building and Erection of Boundary Wall (In Retrospect) Sherwood Manor, 315 New Edinburgh Road, Bellshill

Refuse Site Visit Requested No Papers Issued

Erection of Dwellinghouse (In Refuse Outline) 105 Bonkle Road, Newmains

Installation of ATM Cash Machine 220 Hamilton Road, Motherwell

Refuse

Alterations to bring about Change of Use of Shop to Hot Food Takeaway - 65 Caledonian Road, Wishaw

Grant

Replacement of Existing 14.5 Grant Metre High Monopole with 17.5 Metre High Monopole - Asset International, Land at 1 McMillan Road, Netherton Industrial Estate, Wishaw

23

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:

N/05/01713/FUL

14th October 2005

Bellisle Developments Ltd 7 Dullatur Road Dullatur Cumbernauld G68 OAF

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

Construction of Four Detached Dwellinghouses

Land To The West Of 81 Craigend Road Condorrat Cum bernauld

63 Condorrat North And Westfield Councillor Balwant Singh Chadha

272468 6721 61

N/05/01713/FUL

N/05/00791/FUL Construction of Three Dwellinghouses granted in July 2005

The site is covered by a Significant Area of Open Space policy in the Cumbernauld Local Plan 1993

Yes

Scottish Water (No Objection)

Two Representation Letters

Advertised on 26th October 2005

Recommendation: Grant Subject, to the Following Conditions:.

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

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

24

25

2. That the proposed levels shall comply with the requirements of the Johnson Poole and Bloomer Flood Risk Assessment Ref CG396-07/MKB/DC/AJF dated November 2002.

Reason:In the interests of amenity and the wellbeing of proposed residents by ensuring that flood risk is within acceptable limits.

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

Reason:ln the interests of amenity by ensuring that external materials are appropriate for the buildings and the general area.

4. 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.

Reason:ln the interests of amenity by ensuring that fences and walls are appropriate for the plots and the general area.

5. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (b) 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; (c) details of the phasing of these works.

Reason:ln the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area.

6. That within one year of the occupation of the last dwellinghouse, all appropriate planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting approved under Condition 5 above shall be completed and any trees, shrubs or areas of grass which die, are removed, damaged or become diseased shall be replaced within the following year with others of a similar size and species or such other scheme as is to the satisfaction of the Planning Authority.


7. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of the proposed grassed, planted and landscaped area.


26

8.

9.

That prior to works commencing, full details of the location and design of the sewerage scheme shall be submitted to and for the approval of the Planning Authority, and for the avoidance of doubt surface water drainage shall comply with the Scottish Environment Protection Agency (SEPA) principles of Sustainable Urban Drainage Systems (SUDS).

Reason:To safeguard the amenity of the area and to ensure that the proposed drainage scheme complies with the latest SEPA guidance.

That the SUDS compliant surface water drainage scheme approved under Condition 8 above shall be implemented contemporaneously with the development. Following the construction of the approved SUDS, a certificate (signed by a responsible Civil Engineer) shall be submitted by the applicant 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 the amenity of the area and to ensure that the proposed drainage scheme complies with the latest SEPA guidance.

Background Papers:

Application form and plans received 14th October 2005

Letter from Scottish Water received 3rd November 2005

Letter from Neil Morgan, Christine Parker & Victoria Parker, 53 Craigend Road, Condorrat, Cumbernauld, G67 4JX, received 27th October 2005. Letter from J I Stewart, 11 Gainburn Crescent, Condorrat, Cumbernauld, G67 4QN received 7th November 2005.

Any person wishing to inspect these documents should contact Mr Martin Dean at 01 236 61 6459.

27

APPLICATION NO. N/05/01713/FUL

REPORT

1.

1 .I

1.2

1.3

2.

2.1

3.

3.1

3.2

3.3

Description of Site and Proposal

The application is for the construction of four detached houses off Craigend Road, Condorrat. Each house will be two storeys (7.5 metres high) with an integral double garage. The four plots will have rear gardens ranging from 10 metres to 21 metres in depth and are substantially larger than the existing plots in Craigend Road. The access road is to be constructed to an adoptable standard, with the southernmost two dwellinghouses being served by a private section of road. Currently the site is a raised platform of open land, which contains a row of mature trees.

The application site forms part of a larger area which was the subject of a planning application for 20+ houses by George Wimpey Ltd. in 2003. Wimpey withdrew their application in view of unacceptable flood risks from the Luggie Water in the lower part of the site. Planning permission (N/05/00791/FUL was subsequently approved for three detached dwellinghouses. The current application supersedes the previous proposal for three dwellinghouses.

Planning permission (N/02/00799/FUL) was granted in October 2005 on land to the north-west of the site to A. L. King (Builders) Ltd. for the construction of 28 houses. The four houses proposed by the current application will face towards the rear of some of the houses on the A. L. King site, with a narrow strip of intervening open space.

Development Plan

Under the terms of the Cumbernauld Local Plan 1993, the site is identified as a Significant Area of Open Space. This policy presumes against development unless it provides for outdoor recreation, nature conservation or landscape protection. In response to a Structure Plan requirement for additional housing land, North Lanarkshire Council has determined (through the process termed the Interim Housing Land Statement (IHLS)) that the Badenheath site (of which the application site is part) is potentially suitable for housing. In addition the previous grant of planning permission is a material consideration which has already established the acceptability of the principle of residential development on the site.

Consultations and Representations

Summaries of consultatiun responses are as follows :-

Scottish Water: The sewer network has adequate capacity to accommodate this development at the present time.

My Transportation Section has no objections subject to conditions. It is considered that the Transportation recommendation that traffic calming be installed along the full length of Craigend Road is out of proportion to the limited nature of the application.

Two letters of objection have been received with the following points being raised :-

0 The proposed development is contrary to the Significant Area of Open Space zoning in the Cumbernauld Local Plan.

Comments: The proposed houses are contrary to the open space zoning which presumes against such development. The application site is, however, part of a larger area identified in

28

2004 by North Lanarkshire Council (IHLS process) as having potential for housing. Although the IHLS process does not have the status of a Local Plan zoning, it is a more recent expression of NLC opinion concerning the development potential of the site. The principal of development on the site has been established through the previous grant of permission for three dwellinghouses on the site.

0

Comments: The proposed dwellinghouses are on raised ground which is above the obvious Luggie Water flood plain and is outwith the estimated 1 in 200 year flood risk level. A recommended planning condition requires that the development complies with the previously submitted flood risk assessment for the site. As mentioned in para. 1.2 above, it should be noted that a previous application (N/03/00073/FUL) by George Wimpey Ltd was withdrawn in August 2003 due to an unacceptable flood risk over parts of the lower lying extended application site.

The application site suffers from flooding and poor drainage.

0 There will be a loss of valued open land between Condorrat and Mollinsburn. Mature trees will be affected.

Comments: The principal of development on the application site has been established through the IHLS residential identification and through the previous planning permission. The undevelopable Luggie Water flood plain will ensure that there is adequate separation between Condorrat and Mollinsburn. Replacement trees are proposed within the proposed gardens.

4. Planninn Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. It is concluded that the recent identification of the site, and the surrounding land, for residential development through the Council’s IHLS process is a significant material consideration which outweighs the more dated Local Plan Open Space zoning .

As covered in section 3 above, the houses will be outwith the Luggie Water flood plain and will have an acceptable flood risk. There are no transportation objections to the proposal.

4.2

4.3 Notwithstanding the objections from two local residents it is recommended that planning permission be granted for the construction of four detached houses.

29

N/06/00047/F U L Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


17th January 2006

Mr James Reid 17 Waverley Crescent Greenfaulds Cum bernauld

Mr William Dempsey 1 E Clouden Road Kildrum Cum bernauld

Extension to a Dwellinghouse

17 Waverley Crescent Greenfau Ids Cumbernauld

61 Carbrain West and Greenfaulds Councillor: Will iam Goldie

274948673464

N/06/00047/F U L

No relevant history

This site is zoned as a residential area in the Cumbernauld Local Plan 1993. Policies HG3 and HG4 apply.

No

1 Letter of Representation

Not Required

Recommendation: Grant Subject to the Following Conditions: - 1.

2.

4.

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

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

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

Reason: To safeguard the residential amenity of the area.

That before the extension hereby permitted is brought into use, three parking spaces detailed on the approved plans shall be formed and thereafter maintained for that use.

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

30

31

Background Papers:

Application form and plans received 17th January 2006

Cumbernauld Local Plan 1993

Letter from A Jamieson, 15 Waverley Crescent, Greenfaulds, Cumbernauld, G67 4BG received 19th January 2006.

Any person wishing to inspect these documents should contact Ms Erin Louise Deeley at 01236 61 6464.

32


REPORT

1. Description of Site and Proposal

1 .I The application site is a 2-storey semi-detached house in Waverley Crescent, an established residential area of Cumbernauld. The existing house is situated on a corner plot. As a result, the existing property has a substantial sized front, rear and side garden. There is a garage situated at the rear of the side garden, towards 15 Waverley Crescent.

1.2 The proposal is for a 2-storey side extension progressing to a single storey extension and a porch at the front. It would be situated in front of the garage at the side of the property and would be on the boundary with number 15 Waverley Crescent. It would have an overall footprint of 35 square metres. A substantial amount of garden ground would remain with 9 metres at the side and rear and 11 metres at the front. Characteristically the proposed roofline would meet the original roofline and would be in matching materials; the walls of the proposal are to be finished in matching brick. The extension would provide a porch at the front of the house, and an additional bedroom, WC and storage space on the ground floor. The upper floor would comprise of a bedroom with en-suite. Proposed parking is acceptable and complies with the Council’s standards. However, after the extension, the garage would not be accessible from the existing access.

2. Development Plan

2.1 In the Cumbernauld Local Plan 1993, the site lies within a defined residential area and policies HG3 and HG4 apply. Policy HG3 requires extensions to be in keeping with the scale and character of the surrounding area. House extensions should not dominate the appearance of the building. Policy HG4 states there will be a presumption against development which could be detrimental to residential amenity.

3. Representat ions

3.1 A third party letter of representation has been received regarding this application from the occupier of number 15 Waverley Crescent. The following concerns were raised:

Amenitv Issues

0 Loss of sunlight and overshadowing

Comment: I have carried out a sunlightlovershadowing test to determine the impact of the proposed extension on number 17 Waverley Crescent. The results conclude that the proposed extension would not have a significant impact in terms of sunlight availability and overshadowing. It should be noted that the application property sits north of the objector’s property.

0 Reduced space between properties

Comment: The proposal would reduce the space between the properties but I do not consider there would be any detrimental impact on the amenity of the neighbouring property.

0 Proposal would create a roads blind spot

Comment: The 2-storey part of the extension does not project in front of the existing building line. There is a substantially sized front garden and consequently it will have no impact on road safety.

33

0 The possibility of the objector building a conservatory in the future. It may be overshadowed by the proposal if granted

Comment: It is not possible to take into account what may happen in the future. In any event, the extension lies to the north of the objector’s property and as such overshadowing is not an issue.

Other Issues

0

0

0 Property devaluation

Restricts availability to maintain adjacent wall Private vehicles parking on the street in front of properties

Comment: These issues are not material considerations relevant to planning and should not influence the consideration of the planning application

4. Planning Assessment and Conclusions

4.1 Planning applications must be determined in accordance with the development plan, unless any material considerations indicate otherwise. In this case, I consider that the proposal complies with the relevant policies HG3 and HG4 of the Cumbernauld Local Plan 1993.

4.2 The proposed extension form will not have a detrimental impact on residential amenity. I conclude that the neighbouring property will not be adversely affected in terms of sunlight and overshadowing. Furthermore, there would be no significant impact on the character of the area, notwithstanding the letter of representation received.

4.3 The proposal complies with relevant development plan policies, particularly HG3 and HG4 of the Cumbernauld Local Planl993. It is recommended that permission be granted.

34

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

N/06/00065/FU L

20th January 2006

0 2 UK Ltd 260 Bath Road Slough SLI 4DX

Walker Fraser & Steele 125 Buchanan Street Glasgow G1 2JF

Installation of 3 Rooftop Telecommunications Antennae and Associated Equipment Cabinets

Buchanan Tower Buchanan Business Park Cumbernauld Road Stepps Glasgow G33 6HZ

70 Stepps Councillor Brian Wallace

266571 668846

N/06/00065/FU L

Ptanning Application N/98/01622/FUL for the siting of 2 microwave dishes, 18 radio port units and associated equipment was granted on the 3Oth December 1998.

Telecommunications Policy UT3 of the Northern Corridor Local Plan 2005 is relevant and the site is recognised as an established industrial area in this plan.

Contrary to Development Plan: No

Representations: 2 Representation Letters

Newspaper Advertisement: Not Required

Recommendation: Grant Subject to the Following Conditions:-

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


35

.l.-C'"ICC."",

of 3 Rooftop Telecommunications A-A=*#3%i*m

Antennae and Associated Equipment Cabinets Buchanan Tower Buchanan Business Park Cumbernauld Road Stepps

36

2. That the three telecommunications antenna and associated equipment hereby permitted shall be finished in grey.

Reason: To minimise the visual impact of the development on the surrounding area.

3. That in the event that the telecommunications equipment becomes redundant it must be wholly removed and the site reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure the reinstatement of the site in order to maintain the visual quality of the area.

Background Papers:

Application form, plans and supplementary information, received 20th January 2006

Letter from Ron Dufour, Education Officer, Kildonan Street, Coatbridge, received 24th January 2006.

Letter from Davies Construction & Engineering, Suite 15, Buchanan Business Centre, Stepps, received 23rd January 2006.

Any person wishing to inspect these documents should contact Mr Craig Maclnnes at 01236 616466.

37


REPORT

1.

1 .I

1.2

2.

2.1

2.2

2.3


The application site is the top of the Buchanan Tower located in Buchanan Business Park, Stepps. The property is a ten-storey office block located 60 metres from Cumbernauld Road. At the top of the structure there is a plant room which is grey in colour and projects a further 2.5 metres above the actual tower. There are a number of existing antennas at the top of this building.

The proposal is to site three 5.2 metre pole mounted antennas to the plant room stanchions at the top of the tower. Two of these would be attached to the south elevation and the remaining one would be fixed to the north. Two equipment cabinets would be located on steel frames on the tower roof. These would be hidden by the building and would only be visible from the rooftop.

Development Plan

Telecommunications applications have to be considered in line with Government Policy. National Planning Policy Guideline NPPG 19: Radio and Telecommunications states that:

“ r ]he aim of telecommunications policy is to ensure that business and domestic consumers have a wide range and choice and there is equitable access to the latest technologies. ‘I

Government policy is aimed at extending the economic and social benefits of modern telecommunications technology throughout the UK. It is stated that “telecommunications equipment should become an acceptable and unobtrusive feature of urban and rural areas. If In considering telecommunications applications planning authorities are instructed that they should not question whether the service to be provided is needed or try to prevent competition amongst operators and should only determine applications on planning grounds. In addition, making sure that health matters are taken into account is the responsibility of the Government and is not a matter for the planning system.

The Scottish Executive Planning Advice Note Pan 62: Radio Telecommunications gives advice on the site selection, design and sensitive installation of telecommunications equipment. It indicates that the sharing of sites can reduce proliferation and that planning authorities need to consider an area’s character when deciding whether site sharing is a preferable option. It also states that:

“Modern buildings, or buildings that already have telecommunications equipment sited on them, may be more suited to accepting new equipment. If

Equipment should be in a colour to match its background, should be in proportion and should relate to architectural form. In addition it should have a minimum impact on skyline and should avoid a visually damaging cumulative effect.

Northern Corridor Local Plan Policy states that in determining telecommunication applications regard must be given to:

0 Alternative sites. 0 The ootential for sharina eauiDment.

38

0

0 Visual Impact Erecting antenna on existing structures.

3. Representations

3.1 Two letters of representation have been received in connection with this application, one from members of a business within Buchanan Tower, and another from an educational representative, the comments of which are as follows:

0 There are well-publicised dangers of being immediately beneath telecommunications ins fallations.

Comment: As stated in NPPG 19, health considerations are not a matter for the planning system, therefore, they are not a material planning consideration. The application has been accompanied by the appropriate ICNIRP Declaration.

0 The installation of radio telephone communication antenna in the vicinity of schools can affect parental decisions regarding the appropriateness of schools, due to the perception amongst the school community, however ill-advised, that these installations may represent a danger.

Comment: Notwithstanding that the above is indicative of a concern primarily based on health grounds, there is a requirement under relevant telecommunications policies for applicants to regard the potential for alternative sites. In this case the applicant has considered several other locations for the proposed equipment, however, all those explored have been discounted for reasons of technical feasibility, or on the grounds that the site providers were opposed to equipment being located on their sites. With further regard to the proximity to schools, it should be noted that the proposed masts would be located at height of 45 metres and would be at least 170 metres away from the approved Stepps Primary School on the opposite side of Cumbernauld Road from Buchanan Tower.


4.1 The application site is the top of a modern building that already has telecommunications equipment on it. The proposed antennae would not be out of scale with the existing apparatus, and providing that they are painted in a colour to match the plant room, they would be visually acceptable.

4.2 Telecommunication applications have to be determined in line with national and local planning policy. In this case, the points of objection were mainly about health concerns that could not be taken into account. The material planning considerations in this case are the assessment of several other potential locations, the fact that the chosen location facilitates site sharing, and that the visual impact of the proposal is minimal, these all acceptable in policy terms. It is therefore recommended that planning consent be granted.

39

Application No:

Date Registered:

Applicant:

Agent

Develop men t :

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Rep resen tat ions :


N/06/00071/LBC

24th January 2006

London & Edinburgh Inns 5th Floor Meadow House Maidstone ME14 IHL

Omega Signs Newmarket Approach Leeds LS9 ORJ

Addition of Acrylic Canvas Awning to Front Facade

The Villager 62 Main Street The Village Cumbernauld G67 2RX

54 Seafar and The Village Councillor Neil McCallum

276735 6761 22

N/06/00071/LBC

N/06/00074/ADV Display of Advertisements on Awning

The property is a Category B Listed Building within Cumbernauld Village Conservation Area, and is therefore covered by Policies EN1 and EN2 of the adopted Cumbernauld Local Plan 1993.

Yes

Architectural Heritage Society (No Objections) Scottish Civic Trust (No Objections)

3 Representation Letters, one being from the local Member

Advertised on 1 st February 2006

Recommendation: Refuse for the Following Reasons:-

1. That the proposed canopy, in terms of its design, form and the materials proposed, would have a detrimental effect on the appearance and character of a prominent Category B Listed Building, the group of Listed Buildings of which it forms an integral part and the Village Conservation Area.

40

A I :I ,250 N/06/000711LBC London & Edinburgh Inns The Villager 62 Main Street The Village Cumbernauld Addition of Acrylic Awning to Front Facade *Representation

*I._ .,., 1-1,.._-_-. U-. I.. l"..DY-".O,-.*- -1-1111.0-1 ...w.n.OY,.Im,*.P --. "Y--.-I ..h3111.5*. -C."-m.-. 11-..1.1 *,"I- ...U..*l-m."-a*.*_ - . l . l l w l ...lll..ml.-... .II(Ut,.l,l W.I"".m-,I-., m. ."-I..-

41

2. That the proposed development would have a detrimental effect on the appearance and character of a prominent Category B Listed Building and the Village Conservation Area, contrary to Policies EN1 and EN2 of the adopted Cumbernauld Local Plan.

3. That approval of these works may set a precedent, making it difficult for the Planning Authority to refuse other similar proposals, to the detriment of the character of other Listed Buildings and the Conservation Area.

Background Papers:


Letter from Scottish Civic Trust received 1 '' February 2006 Letter from the Architectural Heritage Society of Scotland received 1 3'h February 2006.

Letter from Councillor Neil McCallum received 14'h February 2006 Letter from Robina Stobbart, Tranquility Health & Beauty, 58 Main Street, The Village, Cumbernauld, G67 2RX received 6th February 2006. Letter from Dr Penny Munn, 45A Main Street The Village, Cumbernauld received 20th February 2006.

Any person wishing to inspect these documents should contact Mrs Mary Stewart at 01 236 61 6473.

42

APPLICATION NO. N/06/00071/LBC

REPORT

1.

1 .I

1.2

1.3

2.

2.1

3.

3.1

3.2

3.3

4.

4.1


The property is a 2 storey traditional building forming part of a terrace on the Cumbernauld Village Main Street. The building is Listed Category B, and forms part of a group of 8 buildings all of which are Listed Category B or B(GP). The properties occupy a prominent position within the Cum bernauld Village Conservation Area.

The ground floor premises are in use as a public house, whilst the upper floor is accessed from the adjoining property at 64 - 68 Main Street and is in use as a restaurant.

The applicants seek Listed Building Consent for the addition of a retractable canopy to the front elevation of the building. The canopy would extend across almost the entire width of the frontage at mid floor level and extend 2 metres out from the frontage over the public footway on Main Street when open. Although not stated on the application form, the proposed awning appears to be a response to the imminent Prohibition of Smoking Regulations.

Development Plan

The building is included within the Statutory List of Buildings of Architectural or Historic Merit, Category B and is within the Cumbernauld Village Conservation Area. Policies EN1 and EN2 of the adopted Cumbernauld Local Plan 1993 are therefore of relevance. Policy EN1 presumes against development which does not preserve and enhance the character of a Conservation Area, whilst Policy EN2 presumes against development which could adversely affect the character, appearance and setting of a Listed Building.


Neither The Architectural Heritage Society for Scotland nor The Scottish Civic Trust have any comments to make on the proposals.

As a result of the neighbour notification process and publicity on the application, two representations were received. The local Member, Councillor McCallum objected on the grounds that the proposals clash completely with the concept of conservation of the village and that the awning with advertising would have a detrimental impact on the Village Main Street.

The concerns expressed were that the village is a conservation area, there would be increased noise, people would congregate on the pavement leading other pedestrians to use the road to pass, litter and broken glass would increase, smells of smoke and alcohol would be taken into adjoining premises, under age drinking would increase. One objector also expressed concerns that fear of groups gathering under the canopy would affect her business.

Planning Assessment and Conclusions

Under Section 25 of the Town & Country Planning (Scotland) Act 1997 planning decisions require to be made in accordance with the development plan unless material considerations indicate otherwise. The development is contrary to Policies EN1 and EN2 of the adopted Cumbernauld Local Plan.

43

4.2 The Memorandum of Guidance on Listed Buildings and Conservation Areas 1998, provides detailed advice from Historic Scotland on the consideration of applications for Listed Building Consent. Section 1.2.1 2 deals with shop frontages and in relation to this type of modern canopy states that they are not a traditional feature of the street scene and that consequently their use on listed buildings and within conservation areas must be firmly discouraged.

4.3 In addition, the approval of consent would be likely to generate applications for similar measures from other similar properties within the Conservation Area to the severe detriment of its character.

4.4 In relation to the concerns expressed by the objector, it is likely that customers of the licensed premises would congregate under the proposed canopy. As the canopy would extend above the public footpath, which is 3.5 metres wide at it’s narrowest point, this could lead to pedestrians being forced into the public road at busy times. It is also likely that adjacent residential properties would suffer from increased levels of noise as a result of this.

4.5 Accordingly, it is recommended that Listed Building Consent be refused.

44

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


N/06/00074/ADV

24th January 2006

London & Edinburgh Inns 5th Floor Meadow House Maidstone ME14 IHL

Omega Signs Newmarket Approach Leeds LS9 ORJ

Display of Advertisements on Awning

The Villager 62 Main Street The Village Cumbernauld G67 2RX

54 Seafar and The Village Councillor Neil McCallum

276735 6761 22

N/06/00074/ADV

N/06/00071 /LBC Addition of Acrylic Canvas Awning to Front Facade

The property is a Category B Listed Building within Cumbernauld Village Conservation Area, and is therefore covered by Policies EN1 and EN2 of the adopted Cumbernauld Local Plan 1993.

Yes

2 Representation Letters

Advertised on 1 st February 2006

Recommendation:

1.

Refuse for the Following Reasons:-

That the proposed advertising, in terms of its design, form and the materials proposed, would have a detrimental effect on the appearance and character of a prominent Category B Listed Building, the group of Listed Buildings of which it forms an integral part and the Village Conservation Area.

45

46

2. That the proposed advertisement would have a detrimental effect on the appearance and character of a prominent Category B Listed Building and the Village Conservation Area, contrary to Policies EN1 and EN2 of the adopted Cumbernauld Local Plan.

3. That approval of this advertisement may set a precedent, making it difficult for the Planning Authority to refuse other similar proposals, to the detriment of the character of other Listed Buildings and the Conservation Area.

Background Papers:


Memo from Traffic & Transportation Team Leader (HQ-Northern) received 1 tjth February 2006

Letter from Robina Stobbart,Tranquility Health & Beauty, 58 Main Street, The Village, Cumbernauld, G67 2RX received 6th February 2006. Letter from Dr Penny Munn, 45A Main Street The Village, Cumbernauld received on 20th February 2006.

. . Any person wishing to inspect these documents should contact Mrs Mary Stewart at 01 236 61 6473.

47

APPLICATION NO. N/06/00074/ADV

REPORT

1.

1 .I

1.2

1.3

2.

2.1

3.

3.1

3.2

4.

4.1


The property is a 2 storey traditional building forming part of a terrace on the Cumbernauld Village Main Street. The building is Listed Category B, and forms part of a group of 8 buildings all of which are Listed Category B or B(GP). The properties occupy a prominent position within the Cumbernauld Village Conservation Area.

The ground floor premises are in use as a public house, whilst the upper floor is accessed from the adjoining property at 64 - 68 Main Street and is in use as a restaurant.

The applicants seek Advertisement Consent for lettering to be applied to a canopy (or awning) running almost the full width of the frontage of the property at mid floor level. The display would include the name of the premises and logos of the beer suppliers. An existing externally illuminated fascia, giving the name of the premises would remain in position above the canopy. Although not stated on the application form, the proposed canopy appears to be a response to the imminent Prohibition of Smoking Regulations.

Development Plan

The building is included within the Statutory List of Buildings of Architectural or Historic Merit, Category B and is within the Cumbernauld Village Conservation Area. Policies EN1 and EN2 of the adopted Cumbernauld Local Plan 1993 are therefore of relevance. Policy EN1 presumes against development which does not preserve and enhance the character of a Conservation Area, whilst Policy EN2 pr,esumes against development which could adversely affect the character, appearance and setting of a Listed Building.


P & E Transportation had no objections to the proposal, provided that the canopy was at least 2.4 metres above the level of the footway.

As a result of the neighbour notification process and publicity on the application, two representations were received. The concerns expressed were that the village is a conservation area, the advertisements would have a negative impact on Main Street and the Village ambience, there would be increased noise, people would congregate on the pavement leading other pedestrians to use the road to pass, litter and broken glass would increase, smells of smoke and alcohol would be taken into adjoining premises, under age drinking would increase. One objector also expressed concerns that fear of groups gathering under the canopy would affect her business.

Planninn Assessment and Conclusions

Under Section 25 of the Town & Country Planning (Scotland) Act 1997 planning decisions require to be made in accordance with the development plan unless material considerations indicate otherwise. The development is contrary to Policies EN1 and EN2 of the adopted Cumbernauld Local Plan.

48

4.2 The Memorandum of Guidance on Listed Buildings and Conservation Areas 1998, provides detailed advice from Historic Scotland on the consideration of applications for advertisements. Section 1.7.5 deals with advertising material and signs and states that new signs must be carefully located to respect architectural form and detailing and should never obscure architectural detail and that wording should be limited to the name of the premises or the proprietor

4.3 In addition, the approval of consent would be likely to generate applications for similar advertisements from other similar properties within the Conservation Area to the severe detriment of its character.

4.4 In relation to the concerns expressed by the objectors, the proposed advertisements would have a detrimental impact on the appearance of the conservation area.

Accordingly, it is recommended that Advertisement Consent be refused. 4.1

49

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

C/05/0 1 03 1 IFU L

30th June 2005

Mr & Mrs McAuley Orchard House Fruitfield East High Street Airdrie ML6 6LF

Apex Drawing Services 4 Gala Crescent W ishaw ML2 7JS

Erection of Ground Floor Shop (Class I) and Ancillary First Floor Office Accommodation

Gap Site To The West Of No 108 Deedes Street Ai rd rie Lanarkshire ML6 9AF

47 North Cairnhill And Coatdyke Councillor Peter Sullivan

27481 9 664966

CIPLIAIDI 12108ICMIEL

99100387IFUL Erection Of Ground Floor Shop And Four First Storey Flats

Development Plan: Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policy COM 5 Local Shops


Consultations:

Representations:

Scottish Water British Gas Scottish Power

(Com ments) (No Objection) (No objection)


50

Planning Application No. C/05/01031/FUL

Erection of Ground Floor Shop (Class 1) and Ancillary First Floor Office Accommodation

Producsdby Nodh LlnShYlireC~unol P l a ~ no m d E n v i m ~ e r f 38pslVn~nf Fiem no H w s e 2 T W Rosd

ClmbemSYld tel P i236BIB210 G614.w fax 01236 6 1 6 x 2

N A

51


1.

2.

3.

4.

5.

6.

7.

8.

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


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

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

That before the development hereby permitted is brought into use 10 off-street car parking spaces and vehicle turning area shall be provided and clearly marked out within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces and vehicle turning facility.


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


That before the development hereby permitted is brought into, a dropped kerb vehicular access shall be constructed in the position shown on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of traffic and pedestrian safety.

That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.


That prior to any works commencing on site, the 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.

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

That before the development hereby permitted is brought into use the barriedscreen to be mounted on the upper balcony as noted on approved drawing 05/17/03 rev6 shall be erected.


52

Background Papers:

Application form and plans received 10th June 2005

Memo from Transportation received 15th February 2006 Memo from Head of Protective Services received 13th September 2005 Letter from Scottish Water received 1st August 2005 Letter from British Gas received 8th July 2005 Letter from Scottish Power received 19th July 2005

Any person wishing to inspect these documents should contact Mr Colin Marshall at 01236 812376.

Date: 21 st February 2006

53

APPLICATION NO. C/05/01031/FUL

REPORT

1.

1 .I

1.2

1.3

2.

2.1

3.

3.1

3.2

3.3

3.4

4.

4.1


Planning permission is being sought for the erection of a two story building comprising a ground floor shop (Class 1) and Ancillary First Floor Office Accommodation at a gap site located west of 108 Deedes Street, Airdrie.

The gap site faces onto Deedes Street and is bounded on each side by two storey commercial buildings. To the rear of the site lies a residential parking courtyard. The site is accessed from Rochsolloch Road via an adjacent service/parking area. The frontage onto Deedes Street is currently occupied by advertising hoardings.

The proposed building would be two-storey in height and designed to match the commercial properties on both sides. A rear service yard with associated parking facilities would also be provided.

Development Plan

Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policy COM 5 Local Shops. There are no relevant strategic planning issues.


The Transportation Section advised that the minimum required visibility splays for vehicles and pedestrians cannot be achieved at the junction of the proposed access and Rochsolloch Road. In addition the public footway on Rochsolloch Road is also substandard in width. The existing parking courtyard between the site and the public road is poorly lit and may be detrimental to pedestrians. However, despite these concerns it was also stated that if the application was acceptable in other respects, conditions should be included to ensure the following; 0 that the footway at the access from Rochsolloch Road be re-instated with a dropped kerb

footway crossing. 0 that 10 car parking spaces with vehicle turning area be provided 0 that the applicants should ensure that they have a right of access over the existing rear

service area.

Scottish Water objected to the proposals unless the developer provided an agreed drainage scheme.

Protective Services had no objection subject to conditions relating to the need for a ground contamination survey and noise impact assessment.

There were no representations.


The proposals require to be assessed under the terms of the development plan and any other material considerations. The terms of policy COM 5 would be relevant along with the following material considerations. The impact of the proposals on the surrounding area, the design of the proposed building, the proposed access and parking requirements, the views of statutory and other consultees and any representations received on relevant planning matters.

54

4.2 Under the terms of policy COM 5 (Local Shopping Areas) proposals for shopping and related uses within Use Classes 1 and 2 are supported. The proposal would include a class1 shop and ancillary office space in the upper floor area, therefore the proposal accords with the terms of the development plan.

4.3 The design details of the proposals now need to be examined to determine whether there are any material considerations that would suggest planning permission should not be granted in accordance with the development plan.

4.4 The design of the proposed building would match the adjacent buildings in terms of its overall scale, height, finishing materials and shopfront design. All of these aspects are satisfactory.

4.5 Whilst the substandard aspects of the proposed access can be noted, this access is currently in use and any improvements to visibility splays are constrained by the existing buildings. Some improvements could be gained through the reinstatement of the footway along with the provision a dropped kerb. Parking provisions are also satisfactory and the applicant has confirmed they have control over the adjacent service yard. Taken together the access and parking provisions are considered acceptable.

4.6 Scottish Water’s objection would be removed provided the developer reaches an agreement over a drainage design. This objection may be resolved through an appropriate condition requesting written confirmation that an agreement has been reached before works start on site. The Protective Services Section has requested a site investigation report on any ground contamination issues. This could also be covered by a condition. Whilst there are residential uses located adjacent to the site, the nature of the proposed uses are not noise intensive and such a report is not considered necessary, reasonable or relevant to the development to be permitted. There were no other representations.

4.7 It can be concluded that the proposals accord with the terms of the development plan and there are no material considerations that would warrant a departure from the development plan. The proposed layout, design and proposed means of access are acceptable. It is therefore recommended that planning permission be granted subject to conditions.

55

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


C/05/01412/FUL

22nd August 2005

Trust Services Ltd Unit 17 South Avenue G72 OXB

Coltart Earley 11 Clairmont Gardens G3 7LW

Erection of 4 Flatted Dwellings

Land To The East Of 49-57 Woodside Street Kirkshaws Coatbridge

40 Old Monkland Councillor Thomas Maginnis

271 933 663936

CIPLICTW90046ICMILR

C/96/449 Extension to Existing Shop and Erection of 4 Flatted Dwellinghouses and Formation of Parking Areas Granted June 1997

Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by Policies COM 5 Local Shops and COM 7 Upgrade Shopping Centres

No

Scottish Water Scottish Power

One Representation Letter

Not Required

(Comments) ( Comments)

Recommendation: Grant subject to the following conditions:.



56





4. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a scheme for the communal private amenity space area shaded green on the approved plans (e) details of the maintenance of these works.


5. Prior to the occupation of the flatted dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.


That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed footpaths noted on the approved plans; (b) the proposed parking areas noted on the approved plans; (c) the proposed external lighting to the rear parking court if provided (d) the proposed communal private amenity space (e) the proposed grassed, planted and landscaped areas (f) the proposed fences

6.


7. Prior to the occupation of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 6 shall be in operation.


8. That before the development hereby permitted starts, a detailed drawing showing the bin store location and boundary enclosure shall be submitted to and approved in writing by the Planning Authority, prior to the start of these works.


58

9. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.


10. That prior to any works starting on site, the applicant must confirm in writing to the Planning Authority that the service provision requirements of both Scottish Water and Scottish Power are acceptable.

Reason: To ensure that the respective service provisions are satisfactory.

11. That prior to any works commencing on site, the 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 CIRIA in March 2000.

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

12. That before the any of the flats hereby permitted is occupied, 8 off-street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.


13. That before any of the flats hereby permitted are occupied, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the 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.


59

Background Papers:

Application form and plans received 22nd August 2005

Memo from Transportation received 8th December 2005 Letter from Scottish Water received 22nd September 2005 Letter from Scottish Power received 7th September 2005

Letter from Rhiannon Properties Ltd,C/o Workman Property & Building Consultants, 78 St Vincent Street, Glasgow, G2 5UB received 26th August 2005.


Date: 21 st February 2006

60


REPORT

I .

1 .I

1.2

1.3

1.4

1.5

1.6

2.

2.1

3.

3.1

3.2


Planning permission is being sought for the erection of a two-storey block of 4 flats located to the rear of 49-57 Woodside Street, Coatbridge.

The application site forms part of a semi -derelict area located to the rear of a traditionally designed two storey terraced row of shops and flats facing onto Woodside Street. An existing 4.4 metre wide access lane leads from Woodside Street to the rear of these shops. The site measures some 16m x 25m and is bounded to the north by Cuparhead Avenue, to the east by a Community Centre, to the south by a electricity sub-station and to the west by the terraced row of shops and flats.

The site is relatively level however Cuparhead Avenue, located to the north is some 2 metres higher than the site level. The surrounding area comprises a mix of both commercial and residential uses.

The proposed flats would face onto Cuparhead Avenue. The main access would be from the rear parking area where 8 parking spaces would be provided. Vehicular access would be taken via an existing 4.4 metre wide lane leading to the rear of the site from Woodside Street.

The developer has advised that a shared communal amenity space area measuring 9m x 16m would be provided to the rear of the existing shops/flats. It is proposed that the new and existing residents would share this space, as there are no designated amenity area at present. The applicant shares communal access rights over this area with the existing residents. It is noted this area is out-with the application site boundary but is under the control of the applicant.

Each flat would be accessed from a communal stairway with an external doorway being provided to Cuparhead Avenue and to the rear parking court. The flatted block would comprise 2 two bed roomed flats and 2 one bed roomed flats, each with a living room, kitchen, bathroom and hallway. Externally the two-storey block would be finished in blue/grey coloured roofing tiles, mix of contrasting facing brick and render and grey painted timber windows.

Development Plan

Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by Policies COM 5 (Local Shops) and COM 7 (Upgrade Shopping Centres). There are no strategic issues.


Both Scottish Power and.Scottish Water raised an objection to the proposed development until such times as the developer reached agreement over the respective service provision.

The Transportation Section objected to the proposals, as the existing access lane is only 4.4 metres wide and has no separate footway and only 8 parking spaces would be provided. It was advised that the rear service access lane should ideally be 5.5 metres wide with a separate 2m wide footway. In addition and there would be requirement to provide 6 car parking spaces for the proposed flats plus 165% parking provision retained for the 4 existing flats located adjacent to the site. (total of 13 spaces)

61

3.3

4.

4.1

4.2

4.3

4.4

4.6

4.7

A letter of objection was received from Property Consultants acting on behalf of the owners/occupiers of 53/55 Woodside Street. The concerns relate to a possible loss of access to these shops due to the development proposals.


The proposals require to be assessed under the terms of the development plan and any other material considerations. In this instance there are no strategic planning issues to address however, policies COM 5 and 7 of the local plan would need to be considered along with an assessment of the proposals against the Council’s design guidance on New Housing Areas and Open Space Around Dwellings.

As noted above, the site falls within an area covered by policies CON 5 and 7, which both relate to the Council’s aim to support and improve local shopping areas. Whilst this site is included within the local designated shopping area, the loss of this semi-derelict ground for housing purposes would not have any impact on the viability of the local shopping area. The main shopping frontage is located along both sides of Woodside Street and the hub of the shopping area is located to the north-west where most of the shops are situated. The surrounding area comprises a mixture of both commercial and residential uses and a further residential use would not be unacceptable in principle provided the proposed site layout and detailed design are acceptable.

The Transportation Section has recommended that planning permission should be refused, as access to the site is substandard and that parking spaces are insufficient for the proposed and existing flats. Whilst the existing access lane does not meet current requirements, it is a well- established service access that has been in use for a number of years. It is 4.4 metres in width and there is a separate 1.5 m wide footway situated partly along the south side of the lane. Visibility splays are acceptable at the junction with Woodside Street and the continued use of the lane to serve the proposed development would not be unacceptable.

The parking concerns were raised with the applicant and it was confirmed that the existing residents, whilst having a legal right of access to the rear of their respective properties have no dedicated parking facilities at present. Notwithstanding this, the applicant has demonstrated that 8 car-parking spaces could be provided within the rear parking area. This would offer a 100% parking provision for the proposed and existing flats. This level of provision would offer an improvement over the current lack of provision and would be acceptable for a development that would be close to local shopping and other community facilities.

The current open space guidelines suggest that all proposed flats should have 20m2 of private open space per bedroom. The applicant has advised that the new and existing residents would share an amenity area measuring 9 m x 16 m (144m2). (This currently undeveloped area is located to the rear of the existing flats and out-with the application boundary but is under the ownershiplcontrol of the applicant). As there would be 4 new flats (total of 6 bedrooms) plus 4 existing one-bedroom flats the design guidance states that 200 m2 of amenity space would be required. Whilst there would be a 18% shortfall, the level of provision is considered acceptable for this site particularly where there is currently no private amenity space for the existing flats.

The proposed two-storey block of flats is similar in scale to the buildings in the area and as such the scale of the proposed development is in keeping with the surrounding streetscape. Due to the need to maintain a cbntinuation of a building line, part of the proposed block of flats would be positioned within 17 metres of a dwellinghouse located on the opposite side of Cuparhead Avenue. However due to the respective off-set between the front facing room windows, privacy levels would not be compromised.

62

4.8 The overall design, scale and proposed finishing materials of the proposed flats are considered acceptable.

4.9 The objections raised by Scottish Power and Scottish Water would be covered by a suitable condition that would require the developer to reach agreement over the respective service provisions before any work started on site.

4.10 Turning to the terms of objection from agents representing the ground floor shop units at 53/55 Woodside Street, it is noted that the main concern is to ensure that legal access rights are maintained. As noted above the proposals would not prevent access to these properties but would enhance both the parking and private amenity space provisions, where there are no dedicated facilities at present.

4.1 1 The development of this site for housing purposes is acceptable in principle under the terms of the local plan policies, as such the proposals accord with the terms of the development plan. The proposals generally accord with the design guidance and access, parking and private amenity space provisions are considered to be adequate. The terms of objection from Scottish Power and Scottish Water can be covered by appropriate condition. The terms of objection noted above cannot be sustained.

4.12 Taking all of these matters into consideration, it can be concluded that the proposals are acceptable and it is recommended that planning permission be granted subject to conditions.

63

Application No:

Date Registered:

Applicant :

Agent

Development:

Location :

C/05/01653/FUL

5th October 2005

Messers William Ralston & Sons Nether Bracco Farm Airdrie Road Caldercruix Ai rd rie Lanarkshire ML6 8NY

George H Campbell (Consultancy) Chartered Civil Engineer & Chartered Building Surveyor 1 South Dean Road Kilmarnock Ayrshire KA3 7RE

Part Change of Use of Farm to form Riding School, Outdoor Rider Training Area, Associated Parking Facilities (in retrospect) and Erection of Equestrian Shed (670M2)

Nether Bracco Farm Airdrie Road Caldercruix Airdrie Lanarkshire ML6 8NY

Ward: 46 Plains And Caldercruix

Grid Reference: 283944666857

File Reference:

Site History:

Development Plan:

CIPLICCA2401CMILR

Councillor Thomas Morgan


Consultations:

Representations:

Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policies GB2 (Restrict Development in Countryside Around Towns) Policies LI1 /I (Landscape Improvement) and RE 1 (Support Rural Ecomomy) are also relevant.

Newspaper Advertisement: Advertised on 25th January 2006

64


Part Change of Use of Farm to form Riding School, Outdoor Rider Training Area, Associated Parking Facilities (In Retrospect) and Erection of Equestrian Shed (670 Sq Metres)

PrndUDBdb" NCrh LPnlhlhlre Caunoll Planrmp en0 Env mnrnsnl D B P ~ ~ T S ~ ~ Fisrmng HWOB I Twd Rea0 Cvmbmauld GO7 ?AV te 11236616213 fm01238i lE232

N Not to Scale

65


1.

2.

3.

4.

5.

6.


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

That before the equestrian shed development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority.


That within 3 months or before the equestrian shed development is started, the applicant must confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). For the avoidance of doubt the applicant shall reach agreement with SEPA over the following provisions as required:

a) That all run-off from contaminated yards, manure heaps and stable washing shall be contained and disposed of in a manner that water pollution will not occur as required by SEPAs Code of Good Practice - Prevention of Environmental Pollution from Agricultural Activity b) That all field heaps for the storage of manure shall not be located near field drains, within 10 metres of a watercourse or 50 metres of a spring, well or bore hole. c) Uncontaminated surface water, including roof water shall be disposed of through the use of Sustainable Urban Drainage Systems (SUDS). d) All effluent from toilet facilities shall be disposed of to SEPA's requirements

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

That before the equestrian shed hereby permitted is brought into use 10 off-street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.


That a visibility splay of 2.5 metres by 160 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the equestrian shed hereby permitted is brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic safety.

That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove 'or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.


66

Background Papers:

Application form and plans received 5th October 2005

Memo from Local Plans Section received 25th October 2005 Memo from Transportation received 16th February 2006 Memo from Protective Services Section received 17th October 2005 Memo from Finance Department received 16th February 2006

Any person wishing to inspect these documents should contact Mr Colin Marshall at 01 236 81 2376.

Date: 16th February 2006;

67


REPORT

1.

I .I

1.2

1.3

1.4

2.

2.1

3.

3.1

3.2

3.3


Planning permission is being sought for the part change of use of an operational farm to form a Riding School, Outdoor Rider Training Area and Associated Parking Facilities (in retrospect) and Erection of an Equestrian Shed (670m2) at Nether Bracco Farm, Airdrie Road, Caldercruix.

Nether Bracco Farm is located approximately one mile east of Caldercruix village on the south side of the A89, Airdrie to Bathgate road. The farm is an operational dairy farm and consists of a mixed group of farm buildings including the farm steading, barns and other associated agricultural storage buildings. Access to the farm is from the A89.

The applicant has advised that the riding school has been in operation for approximately 6 months and currently makes use of existing equine facilities at the farm including surrounding grazing fields, manage, stables, double garage area, feed room and tack room. The Riding School currently offers horse riding facilities and lessons to children and adults by a qualified tutor in and around the surrounding farmland. An outdoor riding training area and parking facilities have also been in use. The applicant has submitted a business plan in support of the business and now seeks planning permission in retrospect for the riding school use and associated support buildings noted above.

Planning permission is also being sought for an Equestrian Shed to allow riding training to be continued in poor weather. The shed would be situated to the south west of the farm steading and measure some 670m2 in floor area and 7m in height. The shed would be finished in a green coloured profiled-metal sheet with double apex roof, similar to other types of agricultural buildings seen in the area.

Development Plan

Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policies GB2 (Restrict Development in Countryside Around Towns) Policies LI1/1 (Landscape Improvement) and RE 1 (Support Rural Ecomomy) are also relevant. There are no strategic planning issues.


The Transportation Section had no objections subject to conditions relating to parking provisions and improvements to visibility splays at the farm entrance.

Protective Services had no objection but requested that a full site investigation survey be carried out to look at all aspects of contamination of the site with particular reference to any risks posed by the presence of pollutants in relation to sensitive receptors and where appropriate include remediation measures. It was also requested that a noise impact assessment be carried out to assess any impact on residential use at the site.

The Director of Finance advised that the submitted business plan for the riding school would be viable and profitable.

68

4. Planning Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise. In this case the terms of the above noted policies of the local plan require to be interpreted to consider whether or not the proposals (partly in retrospect) accord with the development plan. In addition relevant material considerations also need to be identified and considered.

4.2 Under the terms of GB2 isolated development within such designated areas are generally considered to be contrary to the Local Plan unless justifiable against the following criteria.;

a) Economic Benefit b) Specific Locational Need c) Infrastructure Implications d) Environmental Impact

4.3 With regard to the above criteria, the applicant has submitted a business plan that suggests the riding school business would be viable and offers sufficient income to sustain full time employment for the operator. It is also noted the business has been in operation (albeit without the benefit of planning permission) for over 6 months and further development of the riding school through the erection of the indoor riding shed suggests it is a viable operation. The Finance Department considered the business plan contained enough information to suggest the business would be viable. Taking these factors into account it can be concluded the proposals would offer an economic benefit. Riding schools by their nature require a rural location and as such it can be concluded there is a specific locational need for the development in this type of area. There would be no significant infrastructure implications or environmental impacts arising from this type of development. A land and building drainage scheme would need to be agreed with SEPA and this would be designed to protect watercourses. Ground contamination issues would be addressed via the submission of a site investigation survey and a noise impact assessment would address any impacts on surrounding residential uses. It is noted the applicant lives on the farm and noise compliant issues are not anticipated. Taking these aspects into account it can be determined that the proposals accord with the criteria noted in policy GB2.

4.4 Policy REI (Support Rural Economy) seeks to support the rural economy, encouraging and promoting appropriate enterprises and development and also encourage improvements to the landscape and services. In this regard the proposals comply with this policy, as it has been determined there would be an economic benefit to the local rural economy.

4.5 Policy L l l / l : (Landscape Improvement) seeks to protect and improve this area of high quality landscape. In this regard the riding school would generally make us of existing farm buildings that are set well back from the main road. The new building would be located adjacent to the main farm steading and its impact would be minimal on the landscape. The proposed building would only be 7 m in height and coloured drab green. He overall proposals would have minimal impact on the area and mitigating landscape proposals are not considered necessary in this instance.

69

4.5 Whist it has been determined that the proposals accord with the terms of the development plan, the material considerations now need to be assessed to determine whether these considerations warrant a departure from the development plan. Firstly, the Transportation Section had no objection subject to conditions requiring improvements to the visibility splays at the access road. The ground either side of the access falls under the control of the applicant and it would be appropriate to cover this by a planning condition. Parking provisions are considered satisfactory and overall traffic safety in the locus would not be reduced as a result of the proposals. Similarly, the Protective Services Section had no objection subject to conditions requiring a ground investigation report and noise impact assessment. The need for a ground investigation could also be covered by a condition of any planning permission. However the request for a noise impact assessment is not considered necessary, as there are no other residential uses close to the riding school excepting the farmhouse which is owned and occupied by the applicant. As noted above an appropriate condition relating to drainage issues has been included to ensure minimal impact on the environment. There were no representations from third parties and there are no other relevant material considerations.

4.6 It can be concluded that the proposal accords with the terms of the development plan and that there are no material considerations that would indicate it should be refused. As such it is recommended that planning permission be granted subject to conditions.

70

Application No:

Date Registered:

Ap p I ican t :

Development:

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


Recommendation:

C/05/01923/FUL

6th December 2005

Mr & Mrs G. Mooney 29 Kilbowie Place Ai rd rie Lanarks h i re

Change of Use From Public Open Space to Private Garden Ground (In Retrospect)

Land East Of 29 Kilbowie Place Ai rd rie Lanarkshire

49 Craigneuk And Petersburn

277976664467

C/PL/AI K420/X/029/CM I/EL

Councillor Donna Morris

The site is zoned HG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 1991.

No

None

Not Required

Refuse for the reason that the change of use of the road verge to an extended raised garden area is contrary to Policy HG9 (a) Housing Policy for Existing Residential Areas contained in the Monklands District Local Plan 1991 in that it would break an established rear boundary line and detract from the visual amenity of the residential area.

71

72

Background Papers:

Application form and plans received 21 st November 2005 Monklands District Local Plan 1991 Memo from Transportation received 22nd February 2006

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01236 812375.

Date: 22nd February 2006

73


REPORT

1.

1 .I

1.2

2.

2.1

3.

3.1

3.2

4.

4.1

4.2

4.3


This application is for the change of use from public open space to private garden ground (retrospective) to the rear of 29 Kilbowie Place, Airdrie. The application site is a semi-detached property with an existing rear boundary fence approximately 2 metres in height.

This proposal seeks to incorporate 32.6 metres square of communally owned ground on the verge adjacent to Minch Way, Airdrie. The development includes the erection of a 1.4 metre red brick wall with a proposed 1 metre timber fence on top. Due to the slope of the verge the ground level has been raised in order to be brought up to the same level as the development is partially constructed and the current application has been submitted to regularise the position.

Development Plan

The site is zoned HG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 1991.


Transportation Section have been consulted and have advised that whilst the structure has no detrimental impact on forward visibility the applicant should demonstrate that no services are covered or affected by the proposal and the applicant should also demonstrate that the proposals would have no adverse effect on the public road. Transportation Section have also highlighted concern over the safety of adjacent road users if the wall has not been constructed properly.

Following neighbour notification no objections were received.


In terms of the adopted Monklands District Local Plan 1991 the application site is located within a policy HG9 area which seeks to protect such areas by opposing development that adversely affects the amenity of the established housing.

Policy HGS(A) states that “there will be a presumption against development which is likely to adversely affect the amenity of the area”. It is considered that the proposed development is incongruous as it breaks the rear boundary line of the other gardens and when complete would have a detrimental affect on the visual amenity of this established residential area. As the land has been raised to match the level of the existing rear garden the verge now looks uneven and visually unattractive. Due to the raising of the ground level, the intrusion of the garden into the verge is visually prominent. If approved, this could result in similar applications for extensions into the verge which would compound the adverse visual impact along Minch Way.

Transportation Section have no objections to the proposal but have some concerns over the effect on utility services and the stability of the partially completed structure. There is no indication that any services are affected. In terms of the wall being constructed appropriately no technical drawings were submitted as part of the application however the structure will require a building warrant which has yet to be submitted.

74

4.4 The proposals are considered to be contrary to the terms of Policy HG9(A) of the Monklands District Local Plan 1991 in that the development has a detrimental effect on the visual amenity of this established residential area. I therefore recommend that planning permission be refused in that it is contrary to local plan policy.

75

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

C/05/01943/FUL

25th November 2005

Pennycabs Swiss Service Station Bo'ness Road Chapelhall North Lanarkshire ML6 8RR

Mr Stephen Malcolm 7A Elphinstone Road W hitecraich G46 6TE

(Part A) Demolition of Existing Garage and Private Taxi Call Centre and Erection of New Control Centre for Use of Private Taxi Company including Installation of 15M Radio Mast (Retrospective) and (Part 9) Erection of 3 IndustriallCommerciaI Units

Service Station Boness Road Chapel hall Ai rd rie Lanarkshire ML6 8RR

50 Calderbank Councillor Patrick Donnelly

277604 6621 18

C/PL/CHB558/Y/CM VEL

84/00039/FUL Change of Use from Vacant Caravan to Snack bar - Refused 13.03.84 99/00532/FUL Alterations & Extension To Existing Shop - Granted 01.06.99 02/00219/ADV Erection of Externally Illuminated 1 x 96 Sheet Hoarding - Granted 26.03.02 05/01 8381FUL Installation of a 15m Telecommunications Monopole Incorporating 3NO. Antennas and 2No. 600mm Transmission Dishes Plus Equipment Cabin, Meter Cabinet and Ancillary Development - Withdrawn 23.1 1.05


The site is covered by Policies GBl(Restrict Development in Green Belt) and LI1/2(Good Quality Landscape) in the Monklands District Local Plan 1991.

Consultations: Scottish Power British Gas

(Com m ents) (Comments)

Representations: 1 Representation Letter

76

Planning Application No C/05101943/FUL Demolitlon of Exlsting Garage and Private Taxi Call Centre and Erection of New Control Centre for Use of Private Taxi Company and Installation of 16M Radio Mast (Retrospective) Erection of 3NO Small Business Units Service Station Boneff Road, Chapelhali Airdrie * Representation

T n . _ , . , l _ l / ~ ~ ~ D , _ ~ . _ * mllU,*VILnl~.rm_rb0nnrr.5nr R a t * * I I IYMN.<IVI I I w nlXI . t l tMSm"ofh, r *Urr l a,mnlntgx~.rrm"Da-n n . l n n ~ , . . ~ c i m i l l l r r i n u , m ~ I"msm-.ln.Per .~~~/I11~,nn(llSl_nmDj. Yllrnl CVm)rn."L O w l n i l l l D . D . . i Y D n . l i . l i l X . ~ l 10,>1ib>lnl N n t Y * M n E I Y / l , m m = ~ Irn. 1.DlIllBlmin

77

Recommendation:

(Part 6 )

Refuse for the reason that the proposal to erect three industriallcommercial units is contrary to Policy GBI Restrict Development in the Green Belt of the Monklands District Local Plan 1991 in that such a development is not related to forestry or agriculture nor does it require a rural location.

(Part A)

Grant Subject to the Following Conditions:-

1.

2.

3.

4.

5.

For the avoidance of doubt this planning permission relates to the erection of a taxi call centre and 15m radio mast (in retrospect) and does not include the proposed 3 industriallcommercial units.

Reason: To define the extent of the planning permission granted.

That within two months of the date of this permission, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-

(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.

Reason: To enable the Planning Authority to consider these aspects in detail and to protect and enhance the Green Belt

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

Reason: To ensure the provision of screening to the compound in the interest of visual amenity of the adjacent residential properties.

That within one year of the date of this permission a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required and it shall include proposals for the continuing care, maintenance and protection of the area within the RED boundary on the approved plans.


That immediately on completion of the details approved under condition 2 above, the management and maintenance scheme approved under the terms of condition 4 shall be in operation.

Reason: To ensure the management and maintenance of the screen planting to the compound in the interest of visual amenity of the adjacent residential properties.

78

6. In the event that the 15m Radio Mast hereby approved becomes redundant it shall be removed and the site reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure restoration of the site to a satisfactory standard.

7. That within 2 months of the date of this permission, details of a scheme, which provides sufficient space within the curtilage of the application site for:- (a) the parking and manoeuvring of 4 cars; and (b) the provision of turning areas so that all vehicles enter and leave the site in forward gear shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.


That within 2 months of the approval of the details required by condition 7 above, all areas covered by the scheme, approved under the terms of condition 7 above, shall be levelled, properly drained, surfaced in a material which the planning authority has approved in writing before the start of surfacing works, and clearly marked out and shall, thereafter, be maintained as parking manoeuvring areas.


8 .

9. That a visibility splay of 2.5 metres by 21 5 metres, measured from the road channel, shall be provided and maintained to the south and a visibility splay of 2.5 metres by 70 metres, measured from the road channel, shall be provided and maintained to the north.

Reason: In the interests of road safety.

10. That within 2 months of the date of this permission details of a new access shall be submitted for the approval of the Planning Authority and these details shall include, an access to the hereby approved development being served from a single 10.5 metre radius junction arrangement serving a 6.0 metre wide access near the centre of the site frontage along Bo'ness Road and the existing access points converted to footway and verge.


1 I. That the taxi radio base hereby permitted shall operate solely as a radio base and administrative office, and shall not be used as a waiting area for customers or be open to members of the public.

Reason: To discourage taxis calling at the premises to pick up passengers, in the interests of road safety and to safeguard the amenity of the nearby residents.

79

Background Papers:

Application form and plans received 25th November 2005

Glasgow and the Clyde Valley Joint Structure Plan 2000 Monklands District Local Plan 1991 SPP 15 Planning for Rural Development PAN 73 Rural Diversification

Memo from Transportation received gth February 2006. Memo from Protective Services Section received gth December 2005 Letter from Scottish Power received 1 gth December 2005 Letter from British Gas received 16th December 2005

Letter from Mr & Mrs Millward,5 Doune Crescent, Chapelhall, Airdrie, ML6 8HF received 10th November 2005.


Date: 21st February 2006

80

APPLICATION N 0. C/05/01943/F U L

REPORT

1.

1 .I

1.2

1.3

1.4

1.5

2.

2.1

2.2

3.

3.1


This application relates to demolition of a former petrol filling station and private taxi call centre and erection of new control centre for use of private taxi company and installation of 15m radio mast (retrospective) and the erection of 3 no small Industrial/CommerciaI units on the grounds of the former filling station on Boness Road, Chapelhall.

The demolition of the former petrol filling station and the erection of a new control centre has already taken place and is now in use. The former petrol filling station, which has been demolished, has been replaced by a red brick bungalow unit with Marley Modern tile which has been made to look like a dwellinghouse with a pitched roof. This will provide a floor space of 148 square metres whereas the previous filling station had a floor area was approximately 126 square metres. The previous building was a flat roofed unit. There was already a 15m radio mast erected on the site but has been resited approximately 8m Southwest from the original mast site.

The applicant has suggested that the proposed 3 IndustriallComrnerciaI units would be used ancillary to the taxi company. They would be sited Northwest of the taxi call centre to the rear boundary line and will provide an additional 395 metres square floor space. The units would have red brick walls to match the existing call centre with grey plasticised insulated profiled roofing sheets and roller door shutters. A letter confirming that the applicant was willing to enter into a section 75 agreement to keep the units ancillary to the taxi company was received. It was proposed unit one be used for repairs and servicing to the taxi fleet and other work, unit two be used to store accident damaged cars whilst awaiting spare parts and unit 3 is to be used as a carwash/valeting unit for the taxi fleet and other customers.

There have been three access points proposed into the site from Boness road but no indication of any designated car parking spaces. No additional fences or walls are proposed and there are no landscape proposals within this application.

This site was previously granted planning permission for an office and petrol filling station in the early seventies. There was previously a small shop, which was ancillary to the petrol station. Approximately 12 years ago this site was then used for a taxi controllers unit however this was never formalised by a planning application. There have also been various applications for advertisement hoardings within and adjacent to the site. At present there are advertisement hoardings directly south of the site boundary.

Development Plan

The site is covered by Policies GBl(Restrict Development in Green Belt) and LI1/2(Good Quality Landscape) in the Monklands District Local Plan 1991,

While the proposal is not of a scale in itself to be of strategic importance part of the proposal is contrary to the aims of the Glasgow and the Clyde Valley Joint structure plan that seeks to control sporadic and isolated development in the Greenbelt.


The Transportation Section have been consulted and have advised that the access to the development should be via a single junction arrangement and not the three accesses as proposed. The existing access points should be converted to footway and verge. A turning facility should be provided within the site and a minimum of 4 delineated car parking spaces are required for the call centre and a total of 13 delineated customer parking spaces and 1 space per 2 staff for the proposed industriakommercial units.

81

3.2

3.3

3.4

3.5

4.

4.1

4.2

4.3

4.4

The Protective Services Section has advised that a full site investigation requires to be carried out and due to the close proximity to residential housing that a noise assessment be carried out.

Transco has indicated the presence of a medium pressure gas pipeline just outwith the vicinity of the proposed site.

Scottish Power has advised that there is apparatus withinladjacent to the site which may require alteration or protection.

As a result of the standard neighbour notification and public advertisement procedures a single letter of objection was received against this proposal. The main points of objection raised are as follows:

(1) The taxi call centre has been erected without planning permission and the objector was not notified either by the applicant or the Council. There has never been a planning application for the area to be used as a taxi company.

(2)

(3)

The taxi monopole is causing interference with the objector’s baby monitor.

There is a constant disposal of rubbish from the taxi rank including broken down cars and this is visible from the objector’s dining room window.


In terms of the Monklands District Local Plan 199l(adopted 1995) the application site is located within a Policy GBI (Green Belt) area which states that no development will be permitted except for; new houses for full time workers in Agriculture or forestry; non residential developments in connection with Agriculture or Forestry and uses requiring a rural location. Any development proposal also requires to be assessed against the terms of the Glasgow and Clyde Valley Structure Plan 2000 which sets out the development framework in terms of the Green Belt and the wider countryside for Glasgow and the Clyde Valley.

The taxi use has now been established on site for approximately 12 years and the taxi call centre in which planning permission is being applied for retrospectively was built approximately 6 months ago. Taken that the viability of the taxi business has now been established for an acceptable period of time it is considered that there is justification to rebut the general presumption against development upon which the green belt policy is based. Therefore due to the planning history of the site the erection of the taxi call centre and the 15m radio mast is considered, in this instance, to be an acceptable use within the Green Belt.

In terms of design the new taxi call centre is of an acceptable standard for this Green Belt location and is considered as an improvement to the previous development. The external materials are also deemed acceptable and are similar to materials used in nearby housing developments. However it should be noted that no landscape proposals were submitted as part of this application and in terms of local policy L11/2 Good Quality Landscape a submission would be required through a condition on this permission. The Transportation Section has only required minor improvements to the site that can be achieved within land under the control of the applicant. Having regard to the above I consider the proposal of the taxi call centre and 15m radio mast (retrospectively) to be acceptable due to the planning history of the site.

In terms of a noise assessment being carried out it is considered that due to the closest resident being over 90 metres Northeast of the site, the location being in close proximity to an existing industrial unit, the planning history of the site and that a taxi company has been established on this site this would be an unnecessary condition. This is also the case with the request for a site investigation describing ground conditions as this is a retrospective application and the taxi call centre has already been built and is already in use.

82

4.5 The proposed three Industrial/Commercial units are to be used for repairs and servicing, to store accident damaged cars whilst awaiting spare parts and as a carwash/valeting unit for the taxi fleet. A letter from the applicant was received stating that they were willing to enter into a legal agreement to restrict the use of the units to be ancillary to the taxi company. However the letter stated that the units would still be for a commercial purpose and wouldn’t be restricted to the Taxi Fleet. When considered against the terms of the Green Belt policy the proposed Industrial/CommerciaI units are clearly a non-conforming use and therefore contrary to Green Belt policy.

4.6 The overriding factor in considering the acceptability of this proposal is in terms of the adopted Monklands District Local Plan 1991. The proposed commercial use of the units is clearly contrary to Green Belt Policy. Policy GB 1 of the Monklands District Local Plan 1991 is the relevant policy under which this proposal must currently be assessed. There are no particular circumstances here which would allow an exception to be made to grant planning permission to this use as there is no specific locational need for these units and the existing taxi call centre can be viable without these units being built. Whilst the development is on the edge of a major conurbation area this should not detract from the importance of this Green Belt area. There would be a concern that if such permission was given at this time there would be a strong precedent set for the re-use of similar redundant buildings in this area of the Green Belt for inappropriate uses.

4.7 It is therefore considered that the development of the proposed industriaVcommercia1 units is contrary to the terms of development plan and that there are no material considerations that would merit departing from those policies. While the proposal is not of a scale in itself to be of strategic importance it is considered contrary to the aims of the Glasgow and the Clyde Valley Joint Structure Plan which seeks to control sporadic and isolated development in the Greenbelt.

4.8 In relation to the grounds of objection these are addressed as follows:

The taxi call centre and 15 metre radio mast was erected before the application was submitted. This has been rectified through this application as this development is being applied for in retrospect. In regard to the taxi use on this site the use has been for more than 10 years and is considered an established use and will be formalised by this application. There was previously a radio mast approximately 8 metres Northeast from its current location and the interference caused by the new location is not a material planning consideration. This is not a not a relevant planning consideration.

4.9 In conclusion, having regard to the above it is considered that the proposal for the taxi call centre and the 15m radio mast is acceptable taking into account the planning history of the site. However the proposed 3 industriallcommercial units are considered contrary to local plan policy and the aims of structure plan policy and it is therefore recommended that this part of the proposal is refused through a condition set within this permission. It is therefore recommended that planning permission be granted subject to the conditions stated.

.. .

83

Application No:

Date Registered:

Ap p I ican t :

Agent

Development:

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

CIO5I01971IFUL

5th January 2006

M & M Properties And Development (Scotland) Ltd Clo Agent

Design Practice Architects & Designers 10 Lynedoch Crescent Glasgow G3 6EQ

Demolition of Storage Building and Erection of Three Shops (One Class 1 and Two Class 3 Hot Food Takeaways) and Two Flatted Dwellinghouses, Associated Parking and Landscaping

31 Main Street Glenboig Coatbridge Lanarkshire ML5 2QT

33 North Central And Glenboig Councillor Mary Clark

272280668540

CIPLIGBM03031 ICMILR

99101083IFUL Change Of Use From Social Club To Use For Storage Of Exhibition Materials

Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area cover by policy ECON 8 (General Urban Areas)


Consultations: Scottish Water (Com m ents) British Gas (Comments) Scottish Power (No Objection) British Telecom (No Objection) Scottish Environment Protection Agency (No Response)

Representations: 2 Letters of Representation


84

85






That before any of the flatted dwellinghouses or commercial uses hereby permitted, are occupied, all fences, or walls, as approved under the terms of condition 2 above, shall be erected.

3.

Reason: To safeguard amenity



5. That notwithstanding the terms of condition 2 above, a 1.8 metre high screen fence shall be mounted along the sides of the upper outdoor communal area, as shaded green on approved plan no DPL-184-02 Rev A.

Reason: In the interests of privacy and residential amenity

6. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (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 maintenance arrangements of these works.

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

7. That prior to the occupation of the any flat or shop hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 6 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of visual and residential amenity

86

8. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed footpaths/pavement areas (b) the proposed parking areas (c) the proposed external lighting, if provided (d) the proposed grassed, planted and landscaped areas (e) the proposed fences (f) the proposed outdoor communal area


9. That prior to the occupation of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 8 shall be in operation.

Reason: In the interests of amenity and to ensure all communal areas are maintained

10. That detailed drawings showing the bin store location, boundary enclosure and a flue chimney head feature shall be submitted to and approved in writing, by the Planning Authority, prior to the start of these works.


11. That before any of the hot food shops hereby approved are brought into use, an external flue extraction system shall be installed, all to the satisfaction of the Planning Authority and the flue shall terminate at least 1.0 metre above the apex of the roof of the proposed building. For the avoidance of doubt the extraction flue shall be located within a chimney head feature and not as shown on the approved drawings.

Reason: In the interests of residential amenity

12. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.


13. That prior to any works commencing on site, the 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

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

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


87

15. That before the development hereby permitted is brought into use, a 2 metre wide footpath shall be provided along the entire frontage of the site and a dropped kerb vehicular access shall be constructed in the position shaded orange on the approved plans, all in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.


16. That notwithstanding the terms of condition 14 above, the parking bays to the front of the building hereby approved shall be repositioned I m to the east to improve vehicle access at the western extent of the site.

Reason: In the interests of traffic safety.

Background Papers:

Application form and plans received 2nd December 2005

Memo from Transportation received 2nd February 2006 Memo from Protective Services Service received 20th January 2006 Letter from Scottish Water received 16th January 2006 Letter from British Gas received 20th January 2006 Letter from Scottish Power received 16th January 2006 Letter from British Telecom received 26th January 2006

Letter from Mr & Mrs J Watson, 43 Main Street, Glenboig, Coatbridge , ML5 2QT received 23rd January 2006. Letter from H Hughes, 3 Main Street , Glenboig, ML5 2QT received 23rd January 2006.


Date: 16th February 2006

88


REPORT

I.

1 .I

1.2

1.3

1.4

1.5

2.

2.1

3.

3.1


Planning permission is being sought for the demolition of a single storey storage building and erection of a 2% storey building that would incorporate, three shops (one class 1 and two class 3 hot food takeaways) and two flatted dwellinghouses. The proposals would also include associated parking, vehicular access and landscaping works at 31 Main Street, Coatbridge.

The site is located to the south side of Main Street and measures 24m x 70m providing an overall development area of some 0.168 ha. The site is bounded to the west by an existing dwellinghouse, to the north by a meeting hall, to the east by a church hall and to the south by some scrub woodland. A culvert watercourse runs along the western boundary and opens out at the southern portion of the site. The site is also characterised by a row of mature trees, situated along the western boundary of the site.

The existing flat roofed building was originally used as a Social Club but was last in use as a storage facility for exhibition materials. Despite this the building has been unused for some time. This building would be demolished to allow the development of the site.

The proposed development would be 2% storeys in height with single storey to the rear. The building would have a pitched tiled roof with external walls finished in render. The rear portion of the building would be single storey with a flat roof. The proposed shop units would be located on the ground floor with the proposed shop fronts facing onto Main Street. The proposed two 3- bedroom flats would occupy the first and second floors. Each flat would incorporate a lounge, kitchen, study/dining room, shower room and hall on the first floor level and an internal stair would provide access to 3 bedrooms and bathroom on the second floor level. A rear outdoor communal balcony area would be provided on the rear flat roofed area with access gained from a stairway from the rear car parWservice area. The main access to the flats would also be provided from the front elevation of the building.

A new vehicular access and separate pedestrian link path would be formed from Main Street. 12 car parking spaces would be provided to the front of the shops. To the rear area, 6 car parking spaces would be provided for resident parking. At the southern end of the site an area extending to some 200m2 would be landscaped and planted with trees.

Development Plan

Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area cover by policy ECON 8 (General Urban Areas)


The Transportation Section raised concerns over the substandard visibility splays along Main Street from the proposed site entrance and recommended that the application be refused. It was noted that a business previously operated from the site however the proposed use would intensify the use of the access. However it was advised that should it be recommended that planning permission be -granted, then appropriate conditions should be included to provide acceptable access arrangements and satisfactory number of car parking spaces.

89

3.2

3.3

3.4

3.5

3.6

3.7

4.

4.1

4.2

4.3

The Protective Services Section had no objection provided the proposed food businesses comply with current food hygiene regulations and that a full site contamination survey be carried out before works start on site.

Scottish Gas advised there was a high-pressure gas pipeline located to the south of the site. They advised that as the proposals involved the demolition of a building, the developer should seek further advice from Scottish Gas before works start on site. A copy of the consultation response has been forwarded to the applicant’s agent. The site and is out-with the designated Health and Safety Executive notification area as designated under the terms of Policy CU1/3 Gas Pipeline Safety Zones.

British Telecom and Scottish Power had no objections

Scottish Water had no objection provided a suitable drainage system can be agreed with the developer. This should include the provision of a sustainable urban drainage system for the surface water drainage system.

At the time of reporting the application details, SEPA had not offered a response. However it is anticipated that a SUDS scheme would be required to enable the adjacent water-course to be protected from pollutants.

There were two letters of representation received with regards to the proposals and these can be fairly summarised as follows:

0

0

0

0

0

0

The proposals are not in keeping with the ongoing village regeneration proposals and are not considered complimentary or a priority. There is already a hot food takeaway in the village. The proposals will lead to increased traffic and cause congestion There would be a severe, strong smell of food The proposals would lead to loitering teenagers and increased litter The proposals would increase noise levels on Main Street


The proposals require to be assessed under the terms of the development plan and any other material considerations. The site falls within an area zoned as a general urban area (ECON 8) in the local plan. The proposals also need to be assessed under the terms of policies COM 10 (Hot Food Shops) and COMI 1 (Social, Entertainment and Commercial “Bad Neighbour” Uses). The Council’s Design Guidance on lnfill Housing, Developer’s Guide to Open Space Space Around Dwellings and Shopfront Design also need to be assessed.

Policy ECON 8 (General Urban Areas) allows the principle of mixed uses to be retained provided there would be no adverse environmental affects. The proposals would involve a mix of uses including shop, hot food shop and flats and would in principle be acceptable under this policy. To determine the acceptability the other policies and design guidance needs to be examined.

Policy COM 10 sets out to ensure that an adequate external ventilation duct can be installed to ensure all cooking odours and fumes can be dispersed with no adverse impact on surrounding residents. The proposals include a separate flue system to exit at the roof apex. In the interests of visual amenity it would be a condition of any planning permission that the flue design incorporates a chimney feature. This is considered to be satisfactory. There was no objection from Protective Services in this regard.

90

4.4 Policy COM 11 relates to commercial bad neighbour uses such as hot food takeaways as proposed. The policy seeks to protect the amenity of local residents from such uses. To determine the impact of the proposals in the surrounding area, the terms of the relevant design guidance requires to be assessed.

4.5 The proposals would involve the erection of a 2% storey building incorporating a mixed-use development set back from the main road leading through Glenboig village. As noted above, the principle of a mixed-use development would be acceptable in this general urban area. There is also a mix of building types and heights in the area and it is considered that a 2% storey building would not be unacceptable at this location. There is a large church opposite the site and the site is bounded to one side by large mature trees, which would partially screen the development. There is no strong building line along this part of Main Street as some existing buildings sit on the pavement edge and others are set back. The proposed building would also be set back from the public road and it is considered its impact on the streetscape would be minimal. There would be no harm to the character of the area as a result of the proposed development.

4.6 The Transportation Section raised concerns over the substandard visibility splays. The standard requirement for this type of road (8804) is 2.5m x 120m in both directions. The proposed access would provide 2.5m x 55m to the left and 2.5m x 80m to the right mainly due to the current road alignment. The proposed access offers an improvement over the existing arrangements and would be acceptable. The proposed site layout plan indicates that a total of 18 car-parking spaces can be provided within the site. These would be utilised by shop customers, staff and residents and the level of parking and service provision is considered to be adequate. A new access would be formed from Main Street via a dropped kerb arrangement and a separate pedestrian link path would be provided between Main Street and the proposed development. The access to the rear of the site is wide enough to let two vehicles pass with space for a separate 1.5m wide pedestrian footway. There is adequate provision for vehicle manoeuvring areas within the front and rear parking areas to allow all vehicles to leave the site in a forward gear.

The design guidance suggests that in flatted developments, a garden area providing 20m2 per bedroom should be provided. The proposals include a communal amenity area of some 148 m2. This would be located on the rear flat roof area above the proposed shops and be utilised by the future residents in place of a garden area. This meets the open space requirement. Screen fencing would be erected to the west and east elevations to protect privacy levels in the area. There would also be an area of land to the rear of the site that would be landscaped and it is anticipated that a SUDS scheme would be incorporated within this area.

With regards to the terms of objection the following comments can be made.

4.7

._. . 4.8

0 The proposed mixed-use development is considered acceptable within an area where there are already a number of mixed commercial uses in the locus. Whether or not this particular mixed use development is considered a priority or needed is not strictly material as such decisions are market led and subject to commercial interests. The nature of the proposed development would complement the other commercial and business uses in this area of Main Street. Whist there may be another hot food takeaway in Glenboig, the question of need for another two outlets is not a material consideration and but is a private commercial based decision. It has been demonstrated above that the mixed use proposals are acceptable in this area. The proposals would incorporate a total of 18 off street car parking spaces and this provision is considered satisfactory to the Transportation Section. It is therefore unlikely that the proposals would lead to congestion on Main Street.

0

0 The proposals would include two separate flue extraction systems that would exit from the apex of the roof. This was considered acceptable to Protective Services and it is unlikely smell nuisance would be an issue. Whilst the proposals would lead to increased activity levels due to the visitors to the shops, this would not be unacceptable at the locus, as Main Street is the main route through Glenboig and there are other commercial properties in the area. Incidents of antisocial behaviour by loitering youths are a matter for the police and are not material to the consideration of the proposals. There would be a requirement for the occupiers to provide sufficient litter bins through Environmental Regulations. Whilst noise levels may increase through increased activity at the site, this area of Main Street supports other commercial activities. As such the increased activity levels would be acceptable.

0

0

The above noted objections cannot be sustained in this instance.

Taking into account all of the above it can be concluded that the proposals accord with the terms of the development plan and there are no material considerations that suggest it should be refused. It is recommended that planning permission be granted subject to conditions.

4.9

92

C/05/02057/FUL Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward :

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


14th December 2005

0 2 UK LTD 260 Bath Road Slough SL14DX

Walker, Fraser & Steele 125 Buchanan Street Glasgow G1 2JF

Installation of a 15m HiQ.. Street Furniture Telecommunications Monopole Including Ancillary Equipment Cabinets

Land North Of Dunrobin Primary School Petersburn Road Ai rd rie Lanarkshire

49 Craigneuk And Petersburn

278167665250

AIP665/Y/CM I/LR

Councillor Donna Morris

The site is zoned as LR 11 public open space and policy TELI (Telecommunications Developments) of the Monklands District Local Plan 1991

No

2 Letters of Representation

Not Required

Recommendation:

1.




In event that the equipment hereby approved becomes redundant it shall be removed and the site reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.


2.

93

*' Representation

94

Background Papers:

Application form and plans received 14th December 2005

Adopted Monklands District Local Plan 1991 National Planning Policy Guidance 19 Radio Telecommunication, July 2001 Planning Advice Note 62 Radio Telecommunication, September 2001 Memo from Education received 11 th January 2006

Letter from Councillor Donna Morris, PO Box 14, Civic Centre, Motherwell, MLI I T W received 9th January 2006. Letter from D. Morrison (Chairman School Board), School Board, Dunrobin Primary School, Petersburn Road, Airdrie, ML6 8LB received 4th January 2006.


Date: 1 6th February 2006

95


REPORT

I.

1 .I

1.2

1.3

2.

2.1

3.

3.1

3.2

3.3


The applicant is seeking plannin permission to erect a 15 metre high streetfurniture telecommunications monopole inclL,,ng ancillary equipment cabinets. All proposed structures and associated cabinets are to be painted grey.

The proposed 15m telecommunication telecommunications monopole would be sited on the pathway adjacent to Petersburn Road, Airdrie, in front of open public space. The nearest residential property lies approximately 40 metres Northeast of the application site. Dunrobin Primary School playing field boundary is approximately 30m from the proposed site and the school building is located approximately 140m from the site location.

The applicant has supplied a supporting statement that indicates the need for a mast within this area to meet a shortfall in coverage, which will be of general benefit to business, and domestic users in the area. Several sites were investigated including mast sharing before this was put forward.

Development Plan

The site is zoned as LR 11 public open space and policy TELI (Telecommunications Developments) of the Adopted Monklands District Local Plan 1991 is also applicable. There are no strategic implications.


The Transportation section have been consulted and have advised that the cabinet should be rotated to ensure that the doors do not open onto the footway..

NLC Education Department have concerns regarding the health risks associated with telecommunication masts and the possible impact on school intake.

Following the neighbour notification procedures 2 letters of objection were received one being from Councillor Donna Morris and the other from the School Board of Dunrobin Primary School. The main points of objection are as follows:

Concern over the health risk involved with Telecommunication Masts being in close proximity to the Dunrobin Primary School. It is thought that the risk to health from telecommunication installations has not been proven and that a precautionary approach should be taken to mast applications especially in close proximity to schools. It has also been questioned that if health problems do arise from the proposal would North Lanarkshire Council be responsible.

The objector believes that the applicant has not adhered to the Ten Commitments to best siting practice as set out by the Mobile Operators Association.

It is argued that the applicant has not investigated other available sites and that the site chosen was because there is an existing telecommunication mast in close proximity and this has set precedence. It is has also been asked why the other sites are less acceptable and would they not be better than placing a mast so close to a school.

96

4.

4.1

4.2

4.3

4.4

4.5

4.6

4.7

4.8

(4) The planning application was purposely submitted at a time when most local community groups would not find out about the proposal until it was too late, which makes it difficult for people to object.

Plannina Assessment and Conclusions

In assessing this application the local plan policy L R l l improve public open space is relevant. This seeks to protect such areas by opposing development that adversely affects the amenity of the established housing. The proposed monopole is on the footway and will not impinge on the public open space. In land use terms the proposal is compliant with the development plan.

Policy TELI contained in the Monklands District Local Plan 1991 indicates that any telecommunications developments will be considered with regard to national policy and against; economic benefit, specific locational need and environmental impact.

NPPG 19 provides support for telecommunications development where the applicants have demonstrated the ability to carefully consider the siting and design options, and where the possible environmental effects have been minimised. Should the applicant have taken all these factors into consideration, refusal is unlikely to be warranted. With regard to PAN 62, it should be noted that it is preferred to locate telecommunication equipment in unobtrusive locations. The applicant has satisfied the criteria set out in both NPPG 19 and PAN 62.

It is unlikely that there would be a significant negative or positive impact with regard to economic benefit that can be measured. It will be of general benefit to the community to have full signal coverage for mobile phones.

As for specific locational need several sites were investigated. However due to limited coverage, lack of site providers and the inability to site-share with any other telecommunications installations in the surrounding area, the application site was chosen to provide the appropriate network coverage.

In considering environmental impact, it is considered that the proposed installation will be of similar appearance to the surrounding street furniture and will not have a significant visual impact. As for related health impact the proposal is in accordance with all relevant national planning policy and the applicant has submitted the ICNIRP compliance certificate.

In regards to the objection submitted by the Education Department the effect on future school intake is not a material planning consideration and in relation to associated health risks the necessary ICNIRP certificate has been submitted.

In relation to the grounds of objection these are addressed as follows:

(1) The required ICNIRP Declaration has been supplied stating that the proposal is in compliance with the international safety standards for electro-magnetic radiation emissions. It is conceded that there is significant public awareness of the possible health risks associated with telecommunications apparatus. However the applicant has provided the necessary ICNIRP certificate and it is considered that concerns about health implications are not sufficient to justify refusal of this planning application. Efforts have been made by the applicant to distance the monopole from the school as much as possible.

(2) The applicant has satisfied the relevant parts set out in the Ten Commitments as set out by the Mobile Operators Association. Pre-application submission was submitted to the Planning Department on the 30th November 2005. The location of the proposal is of Amber rating under the Traffic Light Model and the appropriate parties, in accordance with the Ten Commitments, were also notified with pre-application letters. The relevant supporting statements, justification and ICNIRP certificate have all been submitted as part of the application and satisfies the criteria set out in the Ten Commitments.

97

(3) The applicant has provided the required site selection survey for possible alternative sites. Many alternative sites were considered, however due to limited coverage, lack of site providers and the inability to site-share with any other telecommunications installations in the surrounding area, the application site was chosen to provide the appropriate network coverage. There are a limited number of sites available within the locality, nonetheless the proposed location is considered acceptable from a planning viewpoint.

(4) The necessary neighbour notification has been completed and the date on which a planning application is submitted is not a material planning consideration.

4.9 In summary, it is considered that taking into account the development plan and all material considerations including natlonal policy and public concerns, planning permission should be granted in this case. On the objections received, the main issue appears to be with the health risks associated with telecommunication masts and the effect that this may have on the nearby school. However the required ICNIRP Declaration has been supplied stating that the proposal is in compliance with the international safety standards for electro-magnetic radiation emissions. The proposed development is in accordance with local plan policy and national policy guidance in PAN 62 and NPPG 19 Radio Telecommunications. I consider that the proposal meets the criteria stipulated in policy TEL 1 and should not significantly impact on the amenity of the area. It is therefore recommended that planning permission be granted.

98

Application No:

Date Registered:

Applicant:

Agent

Development:

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

C/05/02094/RE M

5th January 2006

Mr & Mrs J. McNeice 'Sun nydene' 4 Drumbathie Road Ai rd rie ML6 6EL

Gordon Murray & Dulop Architects Drummon House 1 Hill Street Glasgow G3 6RN

Erection of 1% Storey Dwellinghouse (Reserved Matters for Application C/02/01200/OUT)

Land East Of Sunnydene 4 Drumbathie Road Airdrie Lanarkshire ML6 6EL

43 Airdrie Central

276960665695

C/PL/AID3501CMIEL

Councillor James Logue

02/01 20010UT Sub-Division of Dwellinghouse to Form 2 Flats and the Erection of Two Dwellinghouses. Granted 1 gth Feb 2003

Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policies HG9 (Housing Policy for Existing Residential Areas) and ENV15 (Conservation)

Contrary to Development Plan: NQ

Consultations:

Representations: One Letter of Representation


99

Planning Application No. C/05/02094/REM

Erection of 1 and 1/2 Storey Dwellinghouse (Reserved Matters for Application C/02/01200/OUT)

Land East of Sunnydene, 4 Drumbathie Road, Airdrie * Representation Site Area 0.26 HA

N

A Not to Scale

100


1.

2.

3.

4.

5.

6.

7.

8.

That the development hereby permitted shall be started not later than 1st March 2008

Reason: To accord with the outline permission.

That all new walls shall be finished in a wet dash render with 1/2 round sandstone cope.

Reason: In the interests af amenity of the building and the Conservation Area.

That before the dwellinghouse hereby approved is occupied the existing access shall be widened to a minimum width of 5.5 m and that the existing stone pillars shall be reinstated following this work all to the satisfaction of the Planning Authority.

Reason: In the interests of traffic safety, visual amenity and to preserve the character of the site and surrounding Conservation Area.

That before the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority.


That the lawn area hatched green on the approved plan shall be retained as part of a communal lawned garden area and for the avoidance of doubt, the lawn area shall not be sub-divided by any walls, fences, hedges or trees.

Reason: To protect this visual characteristic of the site

That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth 'moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (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 maintenance of these works and communal garden area.


That within one year of the occupation of the dwellinghouse hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 6 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity

That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 6 shall be in operation.


101

9. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the retained trees affected by the proposals, as shown on the approved plans, and shall not be removed without the approval in writing of the Planning Authority.


10. That notwithstanding the terms of condition 4 above the roof of the dwellinghouse hereby approved shall be covered in natural slate.

Reason: In the interests of amenity and to preserve the character of the Conservation Area.

11. That before the development hereby permitted is occupied 2 off-street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.


12. That before the dwellinghouse hereby permitted is occupied, a 5.5 metre wide dropped kerb vehicular access shall be constructed in the position shown on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.


Background Papers:


Memo from Transportation received on 14 February 2006

Letter from Hamilton Ross Solicitors, 18 Anderson Street, Airdrie, ML6 O M received 29th December 2005.

Any person wishing to inspect these documents should contact Mr Colin Marshall at 01 236 81 2376.

Date: 1 6'h February 2006

102

APPLICATION NO. C/05/02094/REM

REPORT

1.

1.1


Planning permission is being sought for the erection of a 1% storey dwellinghouse within the garden curtilage of 4 Drumbathie Road, Airdrie.

1.2 The application site relates to part of the large garden area attached to the a two-storey sandstone villa known as Sunnydene located to the south of Drumbathie Road, Airdrie. The site is located within the Drumgelloch Conservation Area and although the building is not listed it is a fine example of the later Victorian villas that still retain their substantial garden grounds in the Drumgelloch area. Sunnydene villa faces southward and sits centrally within its large curtilage. It faces onto an impressive well-kept lawn that extends up one side of the villa and has a cultivated garden area to the other side. The periphery of the site is lined with mature trees, some of which have been subject to recent pollarding works. A double flat roofed garage sits to the north east of the villa.

1.3 The application site relates to part of the garden area and measures 11 metres wide along the high walled frontage onto Drumbathie Road and extends to some 63 metres in depth. This area forms part of the side garden area to the east elevation of the Villa. Vehicular access is currently taken from Drumbathie Road via a 3m wide entrance. To the east of the site lies a row of smaller, detached and semi-detached villas located off Springwells Avenue. Directly to the south and south-west, two similarly large Victorian villas are located off Springwells Avenue CUI- de-sac. These villas have also retained their impressive garden areas. To the west of the site lies Stanley Park, itself a single storey classical villa of c.1812 of noteworthy finesse however this has been subject to previous in-fill developments of a complementary nature and now supports a group of 5 dwellinghouses all accessed from North Biggar Road.

1.4 The proposals would involve the erection of a 1% storey dwellinghouse and double garage to the east-side of the villa. The existing garage would be demolished. The existing access gateway would be widened to 5.5 metres and the traditional stone gate pillars repositioned accordingly. The proposed house would have a mix of traditional and modern styles including a traditional 4 5 O pitch slate roof and wet dash render to external walls with timber framed double glazed windows. The southern elevation would consist of a mix of glazing and copper cladding with a small balcony thereby offering some modern design aspects in contrast to the traditional elements. The open aspect of this elevation would provide an outlook over a private terrace. A double garage would be situated to the north with similar slate finish to the roof and render to external walls. A separate courtyard would be formed between the garage and the proposed dwelling house and this would be screened from the existing villa by a wall and timber gate. The garden area to the south would be shared with the main villa with no defining boundaries. Some trees would be removed however a replacement tree-planting scheme is proposed.

1.5 Internally the proposed house would have 3 bedrooms, lounge, dining room, kitchen and two bathrooms. Roof lights would be provided to meet daylight and ventilation requirements.

2. Development Plan

2.1 Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policies HG9 (Housing Policy for Existing Residential Areas) and ENV15 (Conservation). There are no strategic planning issues in this instance.

103

3.

3.1

3.2

4.

4.1

4.2

4.3

4.4

Consultations and Remesentations

The Transportation Section and Protective Services Section had no objections subject to conditions.

There was one letter of objection and the terms of objection can be fairly summarised as follows:

0 The proposals would result in an increase in the number of vehicles entering and leaving a narrow gateway to the site and this would be detrimental to traffic and pedestrian safety on Drumbathie Road. That the design of the proposed dwellinghouse would materially affect the Conservation Area. That if the proposed dwellinghouse were increased in height over 1 W storeys there would be a detrimental affect on residential amenity and in particular overshadow the objector's property.

0

0

Plannina Assessment and Conclusions

Under the terms of Section 25 of the current planning regulations the proposals need to be assessed under the terms of the development plan and any other material considerations. The terms of policy HG9 and ENV15 of the local plan would be relevant and consideration of the design guidance on Housing lnfill and Conservation need to be considered in context with the submitted reserved matters.

The proposals were considered to be acceptable in principle subject to reserved matters under the terms of the outline planning permission C/02/01200/OUT noted above. The reserved matters now need to be assessed to determine if the detailed design is acceptable.

The submitted detailed proposals address the reserved matters and are considered acceptable. The siting, design and external appearance of the proposed dwellinghouse, garage and boundary walls are considered acceptable. The proposals include provision to widen the access to 5.5 metres wide, as previously required by the Transportation Section. The proposed layout of the site indicates that satisfactory parking areas can be provided and that the open aspect of the large garden area to the south of the villa would be retained. The proposed boundary wall details are also acceptable as they offer sufficient privacy between the proposed and existing villa without compromising the character of the site. The proposals also include a satisfactory tree replacement scheme, however further details on species and size would be required. This could be covered by a condition and include details of a maintenance scheme.

The overall detailed design has taken into account the location of the surrounding conservation area and the proposed dwellinghouse is considered acceptable in terms of its height, scale, roof pitch, fenestration and finishing materials. The modern aspects to the end elevations are in contrast to the traditional.build'elements however they are not unacceptable and are in line with previous discussions at the outline stage. The scale of the proposed dwellinghouse accords with the reserved matter requirement of being no more than 1 W storey in height, with slate roof, and timber windows. There are no dormer windows included, which may otherwise have had an impact on privacy. The proposed building line accords with the previous agreement and the proposed alterations to the access also accords with previous discussions. Parking and access arrangements are acceptable. The open lawn area situated to the south of the Villa would retain its open aspect thereby maintaining this as a feature or characteristic of the Villa and its setting. The Reserved Matters details are considered acceptable.

104

4.5 Turning to the terms of objection the following comments can be made on each point noted above.

0 The existing entrance would be widened to 5.5 metres and the curtilage of the site is large enough to allow vehicles to turn and enter and leave the site in a forward gear. The Transportation Section considers this acceptable. The proposed dwellinghouse would not exceed 1 1/2 storey’s in height and would be subservient in scale and positioning to the main Villa and would not overwhelm or have a detrimental impact on the character or setting of the Villa. The rear private garden area would remain open plan thereby retaining this aspect of the site. The proposed dwelling, would sit unobtrusively to the east-side of the villa. The external finishing of the proposed dwelling would include natural slate to its pitched roof and wet dash render to external walls. These aspects are traditional and would integrate with the surrounding conservation area. The open glazed aspect to the north and south elevations are more modern however they are not unacceptable and would not harm the visual amenity conservation area. There would be no harm to residential amenity from overshadowing. The objector’s property lies to the south of the site and the proposed dwellinghouse is not high enough to harm the residential amenity of either the Villa or residential properties to the east.

It can be concluded that the objections cannot be sustained in this instance.

0

0

4.6 In conclusion, the Reserved Matters details are considered acceptable and it is recommended that planning permission be granted subject to conditions.

105

Application No:

Date Registered:

Applicant :

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

C/06/00051 /FUL

16th January 2006

T-Mobile (UK) Ltd Clo Agent

Stappard Howes 122 Dundyvan Road Coatbridge ML5 IDE

Installation of 14.7 Metre High Telecommunications Monopole (with 3 Antennas) Shroud and Associated Equipment Cabinets

Pavement Adjacent To West Side Of West End Park Alexander Street Ai rd rie Lanarkshire

47 North Cairnhill And Coatdyke Councillor Peter Sullivan

2751 08 6651 51

C/PL/AIA4350000000/SM/LR

Development Plan:


The site is designated as LRI 1 (Improve Public Open Space) in the Monklands District Local Plan 1991,

Consultations:

Representations: NLC Education


Recommendation:

1.




2. In event that the equipment hereby approved becomes redundant it shall be removed and the site reinstated to the satisfaction of the Planning Authority within one month of becoming redundant.


106


Installation of 14.7 Metre High Telecommunications Monopole (with 3 Antennas) Shroud and Associated Equipment Cabinets

Pavement Adjacent to West Side of West End Park Alexander Street Airdrie

Representation received from NLC Education Department

Prcoucnoby

Flsm,ngHone 2 i l y S t f R O l d CUmtemIYld. GBT ,N ,e, 0~1E86167'0 'm01238BIBP32

North Plarnlng L s n ~ * 5 n # r ~ anC E"Ylmnmm:38pmtnml Cars8I

- h i Mtenainllnme l l r~~srep'odicsdhmCmnanceSuvey psm~BB,O".lcAnBnLB sur,sy

N M h ,sed to LmeI4 i r l rsCon01l P r O I a M o " WW,, proceedlngr .OM23396 2001

on D s h a l I B f ~ ~ e C r n t r ~ l l e r o l H a r M l j e ~ ~ s sl~t,onswollcn D C r n W " C0Py"gnt UnmihMsed mPrndYbO"vlfl"0B~ crwn ylPwngMm6 may

Not to Scale

107

Background Papers:

Application form and plans received 16th January 2006 Monklands District Local Plan 1991

Memo from Education received 26fh January 2006

Any person wishing to inspect these documents should contact Ms Susan Miller at 01 236 81 2374.

Date: 1 6'h February 2006

108


REPORT

I.

1 .I

1.2

2.

2.1

3.

3.1

3.2

3.3

4.

4.1

4.2

4.3

4.4


The applicant is seeking planning permission to erect a 14.7 metre high telecommunications monopole (with 3 Antennas) shroud and associated ground based equipment cabinets. All proposed structures and associated cabinets are to be painted grey.

The proposed 14.7m telecommunications monopole would be sited on the public footway adjacent to West End Park, on the south side of Alexander Street. The nearest residential property lies approximately 50 metres to the South of the application site. The nearest school lies approximately 140 metres south of the application site.

Development Plan

The site is designated as LRI 1 Improve Public Open Space and assessed against policy TELI Telecommunications Developments in the Monklands District Local Plan 1991. There are no strategic implications.


The Transportation Section has been consulted and have indicated that they have no objections to the proposal.

NLC Education has stated that there is a perception amongst the school community that mast installations represent a danger and that this may influence parents when they decide which school their child should attend.

The proposed site adjoins the Victoria and Town Centre Conservation Area and given the potential impacts of the development on the conservation area it was advertised in the Airdrie and Coatbridge Advertiser on 25'h January 2006.


In assessing this application the local plan policy LRI 1 improve public open space is relevant. This seeks to protect existing public open space from inappropriate development and to upgrade existing large areas of public open space. The monopole is to be located on the footway and will not impinge on the existing public open space of West End Park. In land use terms the proposal is compliant with the development plan.

Policy TELI contained in the Monklands District Local Plan 1991 indicates that any telecommunications developments will be considered with regard to national policy and against; economic benefit, specific locational need and environmental impact.

The applicant has supplied a supporting statement that indicates the need for a mast within this area to meet a shortfall in 3G coverage, which it claims will be of general benefit to business and domestic users in the area.

.*

Several alternative sites were investigated for mast sharing before this location was put forward. No suitable existing installations were identified within the required coverage area and therefore the applicant has concluded that mast sharing is not an option in this case.

109

4.5 NPPG 19 provides support for telecommunications development where the applicants have demonstrated careful consideration of all siting and design options, and where the possible environmental effects have been minimised. Should the applicant have taken all these factors into consideration, refusal is unlikely to be warranted. With regards to PAN 62, it should be noted that it is preferred to locate telecommunication equipment in unobtrusive locations. It is considered that the applicant has satisfied the criteria set out in both NPPG 19 and PAN 62.

4.6 It is unlikely that there would be a significant negative or positive impact in regards to economic benefit that can be measured. It will be of general benefit to the community to have full signal coverage for mobile phones.

4.7 In relation to the comments from NLC Education it is noted that the required ICNIRP Declaration has been supplied stating that the proposal complies with the international safety standards for electromagnetic radiation emissions. It is conceded that there is significant public concern about the possible health risks associated with telecommunications apparatus. However, while the public perception of health risks has been regarded as a material consideration at previous appeals, given that the applicant has provided the necessary ICNIRP certificate, it is considered that concerns over health implications are not sufficient on their own to justify refusal of this planning application.

4.8 The proposed mast will be a slimline monopole. The design and colour of the monopole will match the existing street furniture positioned along Alexander Street. The site is located next to a 1.8 metre high retaining wall with mature trees reaching approximately 10 metres in height from ground level. The trees will act as a backdrop to the proposed installation at street level. Although the monopole is located 50 metres from the residential properties on Kennedy Drive the railway bridge, embankment and mature trees will act as a physical visual barrier to help screen the proposed installation. There is an existing advertising hoarding 13 metres to the south west of the site. The proposed location is a prominent site on the south side of Alexander Street which is a busy main road, however due to the slimline monopole design it is considered that the mast will not dominate the streetscape. As discussed above the footway on which the site is located forms the boundary of the Victoria and Town Centre conservation area, however, it is felt that, for the reasons given above, the monopole will not adversely impact on the amenity of the conservation area.

4.9 In conclusion it is considered that, having taken the development plan and all material considerations into account, planning permission should be granted in this case. The proposed development is in accordance with national policy guidance in NPPG 9 Radio Telecommunications and PAN 62 and is considered to meet the criteria stipulated in local plan policy TEL 1. It is noted that there have been no objections to the proposal. The required ICNIRP Declaration has been supplied stating that the proposal is in compliance with the international safety standards for electro-magnetic radiation emissions. The slimline monopole design of the installation reflects the surrounding street furniture and will keep adverse visual impact to a minimum. It is therefore recommended that planning permission be granted.

110

Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

S/051003021FU L

24th February 2005

Robertson Homes Suite 2 Lomond Court Stirling FK5 4T0

Erection of 128 Detached Dwellings and Associated Works

Land West Of Brannock High School Loan head Road Motherwell Lanarkshire

28 Mossend East And New Stevenston North Councillor Kevin McKeown


277000659172

SIP LIB15128

No relevant history.

Northern Area Local Plan - Policy H4 'Housing Redevelopment' Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) - Policy HSG2 "Private Housing Development Opportunities'

Consultations: Leisure Services Education Head of Property Scottish Environment Protection Agency Scottish Water British Gas Scottish Power Network Rail Scotland British Telecom Scottish Natural Heritage

Representations: One letter of objection, later withdrawn

(comments) (comments) (no objection) (comments) (no objection) (no objection) (no response) (no objection) (no objection) (conditions)


111

bru. Lanark%n C0""Ol Plsnnng and Ewironrmnt

112

W p l u l l i ' r m l h OlMlna 5 Y w q m . m w rm Ih. Fern *.,e. d m ca*ci,*r d nr M.,*Ks -,an m- 0 C r a _ n l p h l U I . l h ) n l d rwaduam In, we. ClW" MI *f

PLANNING APPLICATION No S / 05 /CO302 / FUL


1.

2.

3.

4.

5.

6.



That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, and these shall include walls or a wall/fence combination along the Loanhead Road frontage of the site and gateway features at the site accesses.

Reason: To enable the Planning Authority to consider these aspects in detail and in order to protect the visual amenity of the area.

That notwithstanding the provisions of Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls, or other means of enclosure, shall be erected between the fronts of any dwellinghouse hereby permitted which faces onto any landscaped area within the site with the exception of a 1.0 metre maximum high facing brick wall built to match the facing brick on the adjacent house or to match the facing brick on adjoining sections of wall constructed under this condition.

Reason:. In order to protect the visual amenity of the area.

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


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

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

(d) details of the phasing of these works.

size of trees and shrubs to be planted;

measures for their protection in the course of development,


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

Reason: To ensure proper implementation of the landscaping scheme.

113

7. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed play areas hatched purple on the approved plans; (b) the proposed grassed, planted and landscaped areas hatched green on the approved plans; (c) the proposed gateway features to be erected at the entrances to the site.


8. That before occupation of the last house within the development hereby permitted, the management and maintenance scheme approved under the terms of condition 7 shall be in operation.

Reason: To ensure proper maintenance of the area.

That before the development hereby permitted starts, a scheme for the provision of one play area within the site, hatched purple on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within

(b) details of the surface treatment of the play area, including the location and type of safety

(c) details of the fences to be erected around the play area, and (d) details of the phasing of these works.

9.

the play area;

surface to be installed;

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

That before occupation of the last five dwellinghouses within the development hereby permitted, all the works required for the provision of equipped play area and, included in the scheme approved under the terms of condition 9 above, shall be completed.

10.

Reason: To ensure provision of the play area.

11. That before any development commences on site written confirmation shall be submitted to the planning Authority that the drainage works will be carried out to the satisfaction of Scottish Water and Scottish Environment Protection Agency and shall comply with appropriate good practice and design guidance in respect of Sustainable Urban Drainage Systems and before any dwelling is occupied written confirmation shall be submitted to the Planning Authority that these works have been completed to the satisfaction of Scottish Water and SEPA.

Reason: In the interests of amenity and public health in relation to drainage of dwellings, gardens and all hard surfaces.

12. That before the construction of any houses on the development hereby permitted the means of vehicular and pedestrian access shall be constructed in accordance with the approved plans including the construction of the roundabout on Loanhead Road and the lane markings at the entrance to Site 1.

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

That no dwellinghouse hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

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

13.

114

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


15. That no integral garage shall be altered for use as a room without the prior written consent of the Planning Authority.

Reason: To ensure the provision of adequate parking facilities.

That prior to the construction of any dwelling on the hereby approved site a report from a professionally qualified person shall be submitted to and approved in writing by the Planning Authority in relation to noise and vibration levels within the site and this report shall specify any measures required to mitigate anticipated noises and vibration to residential properties and before any dwelling identified as affected is completed the approved measures shall be fully implemented.

16.

Reason: In order to protect the amenity of future residents.

17. That before the development hereby permitted starts, a further report with regard to the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants and, or gas), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants or to address gas within the site, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the suitability of the site for the proposed development.

18. That before the development hereby permitted starts, a further report incorporating the following items and the works required in order to satisfactorily deal with these issues, having regard to the proposed use of the site, shall be submitted to and approved in writing by the Planning Authority, and development shall not commence until these works have been completed: (a) a drainage assessment to include drainage within and outwith the site; (b) the drainage within the site detailing the proposed finished levels within the site in relation to

the minimum flood levels; (c) the adequacy of the outlet from the downstream end of the site to the outfall on the

Legbrannock Burn; (d) if the existing watercourse is to be culverted then it must be demonstrated that this will

maintain the present floodwater storage capability, including upstream discharges and the discharges to the watercourse south of the railway being maintained;

(e) details to demonstrate how the system will perform for a range of storm events; (9 further details of the line of the culvert with particular regard its curvature and the need to

avoid, where possible, domestic or future domestic properties; (9) ownership and maintenance arrangements of the proposed culvert and SUDS measures; (h) plans illustrating the site layout in relation to minimum flood levels; (i) plans demonstrating that the design flow will be contained within the bank; (j) further details of the size of the culvert and how this relates to existing in bank channel

storage.

Reason: To ensure the suitability of the site for the proposed development and to ensure that the surrounding property and road network will not be detrimentally affected by the development.

115

19.

20.

21.

22.

23

24

That before the development hereby permitted starts, a suitably qualified person shall carry out a survey for any species that receives statutory protection, particularly for bats and badgers over all habitats affected by this development. If such species are found to be in or around these areas, Scottish Natural Heritage shall be contacted before any further work is carried out on the site.

Reason: To minimise risk to protected species and to ensure legal compliance with the requirements of the Protection of Badgers Act 1992, the Wildlife and Countryside Act 1981 and the Nature Conservation (Scotland) Act 2004.

That any tree or scrub removal shall be undertaken outwith the wild bird breeding season (April to August inclusive).

Reason: To minimise risk to wild birds and their nests to ensure legal compliance with the requirements of the Wildlife and Countryside Act 1981 and the Nature Conservation (Scotland) Act 2004.

That no storage of building materials or dumping of such materials or other refuse shall take place outwith the development site during and after construction.

Reason: To minimise the visual impacts of the development.

That before the development hereby permitted is completed, all the fences, or walls, as approved under the terms of condition 2 above, shall be erected.

Reason: To ensure proper implementation of the boundary fencing in the interests of amenity.

That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no development shall take place within the curtilage of the dwellinghouses on plots 1, 2, 5, 6, 14, 15 and 32 to 36 inclusive of Site 2 hereby permitted, other than that expressly authorised by this permission without the prior written consent of the Planning Authority.

Reason: In order to protect the sewers or culverts which underlie these plots.

That before the last house within the development hereby permitted is occupied an independent report by a Chartered Civil Engineer based on an on-site inspection shall be provided to the Planning Authority to verify that all culverts, SUDS and surface water drainage systems have been constructed in accordance with approved plans and that the measures approved under the terms of conditions (11) and (18) above have been fully implemented.

Reason: To ensure proper implementation of the drainage systems in the interests of the amenity of future residents.

Background Papers:

Application form and plans received 24th February 2005

Memos from Transportation Manager received 23rd March, 24th August, 1 st November 2005 Memos from Geotechnical Team Leader received 13th July, 28th November 2005 and 15th February 2006 Memo from Head Of Protective Services received 21 st April 2005 Memo from Leisure Services received 13th May 2005 Memo from Education received 6th June 2005 Memo from Head of Property received 14th March 2005

116

Letters from Scottish Environment Protection Agency received 15th April 2005, 15th and 22nd February 2006 Letter from Scottish Water received 18th April 2005 Letter from British Gas received 10th March 2005 Letter from Network Rail Scotland received 2nd March 2005 Letter from British Telecom received 17th March 2005 Letter from Scottish Natural Heritage received 25th August 2005

Letter from Wilson Bowden Developments Ltd, Queens House, 19 St Vincent Place, Glasgow, G1 2DT received 5th April 2005. Letter from Wilson Bowden Developments Ltd, Queens House, 19 St Vincent Place, Glasgow, G1 2DT received 20th July 2005.

Any person wishing to inspect these documents should contact Mr Alistair Maclean at 01698 302093.

117

APPLICATION NO. S/05/00302/FUL

REPORT

1.

1.1

1.2

1.3

2.

2.1

3.

3.1

3.2

3.3


This application is for residential development at the former Stevenstonwood Sewage Works off Loanhead Road, New Stevenston / Newarthill. There are two sites bisected by the A723 Carfin - Holytown link road. The two sites are quite distinctly different in character. Both sites presently have an open ditch to the southern boundary. The ditch runs either side of the A723 and is culverted under the road near the present roundabout. The site is in two ownerships - Scottish Water and North Lanarkshire Council.

The Western site (Site One) amounts to 1.5 hectares and is generally low lying with a few trees naturally regenerated, the rest being grasses. The proposal is to construct 31 detached houses accessed from a single road off Loanhead Road some 100 metres west of the roundabout with the A723. The boundary with Loanhead Road will be a wall/fence arrangement with landscaping, of up to 5 metres in depth, to the front to soften the impact. Additional interest will be added by three pagoda-like structures to the immediate rear of the fencelwall within the plots in question.

The eastern site (Site Two) amounts to just over 5 hectares and is gently undulating with considerable tree cover, again natural regeneration. This will accommodate 97 detached houses accessed from a roundabout junction formed on Loanhead Road at its junction with Oakdene Crescent some 250 metres from the A723 roundabout. The site has been designed so that houses face Loanhead Road with significant structure planting softening the impact of the development. This site will have one equipped play area and additional open space areas.

Development Plan

The site is zoned within Policy H4 ‘Housing Redevelopment‘ in the Northern Area Local Plan and within Policy HSG2 ’Private Housing Development Opportunities’ in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). In the latter plan, Policies HSG 10 ‘Assessing Applications for Housing Development‘ and TR13 “Assessing the Transport Implications of Development) are also relevant. The proposal raises no strategic issues.


Scottish Environment Protection Agency originally submitted an objection as it is proposed to culvert an open watercourse and because of concerns that the proposal would result in flooding on site and elsewhere. SEPA have also asked that a SUDS scheme be implemented on the site. The Geotechnical Team Leader also expressed concerns about the site especially in terms of flood risk. A flood report was undertaken on behalf of the developers and it was found that if the existing watercourse is culverted then it is necessary that the proposed culverting maintains the present floodwater storage capacity. Further information has now been supplied which satisfies SEPAs and the Geotechnical Team Leader’s concerns in terms of flood risk, although some further work is required to prove that the proposed solutions are adequate with regard to the culvert and potential flooding issues.

No objections have been received from Scottish Water, British Gas, Network Rail or British Telecom.

Scottish Natural Heritage did not object to the application but recommended conditions relating

118

to the protection of wildlife to be incorporated in the event of a positive recommendation. They also ask that no footpaths or rights of way be severed or lost as a result of this development. The Landscape Services Manager recommends retention of trees on the site and a bat survey.

3.4 The Director of Education had initially expressed concerns about the capacity of Keir Hardie Primary School within which catchment the development site falls, however it has since been confirmed that no compensation for expansion of Keir Hardie requires to be sought from the developers of this site.

The Transportation Team Leader had expressed a number of concerns, however revised plans have been submitted which suitably address these matters.

3.5

3.6 A letter of objection was received from Wilson Bowden as the development, as submitted, would impinge on the proposals for widening the A723 (Carfin - Holytown link road) which is a key proposal in the development of the Ravenscraig site. The applicants amended their proposals and site boundary to take account of the road proposals and Wilson Bowden subsequently withdrew their objection.

4. Plannina Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The development is not of strategic significance and therefore requires to be assessed against local plan policies The site is allocated for housing development in terms of Policy H4 of the Northern Area Local Plan and within Policy HSG2 'Private Housing Development Opportunities' in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), thus in principle, the proposed development is appropriate. In terms of the details submitted, the proposal fits with In terms of Policy HSGIO in that the design and layout of the revised plans are acceptable and provide adequate landscaping, play facilities and garden ground.

As initially raised by SEPA and the Geotechnical Team Leader the existing open water course within the site, which is the last remaining open section in this area, is a source of concern. The watercourse feeds into the Legbrannock Burn and there are reports of flooding in the vicinity of the A723. SEPA has a tacit presumption against the culverting of watercourses and new legislation coming into force in April 2006 would likely make this unacceptable. The developers propose to culvert the watercourse mainly under roads which will be proposed for adoption but partly also through private gardens. The Council, as Roads Authority, will become responsible for any maintenance of the culvert under the roads, however where the culvert is under private land, the landowner has responsibility for any culvert collapse or clearance of a blockage. The route of the culvert has yet to be finalised but it is likely that the culvert can be designed to go through land which will pass to the ownership of only two landowners. One advantage of culverting the watercourse at the stage of the housing development is that when the Ravenscraig road is re-constructed to dual carriageway the watercourse would not require to be culverted at that stage. There are also concerns regarding flooding both within the site and elsewhere as a result of the development. A flood assessment has been submitted and further information has now been supplied which satisfies SEPAs concerns in terms of flood risk. Further work is required to prove that the proposed culvert and drainage solutions are adequate, including submission of details such as site levels, the precise route and the operation of the culvert and design of the development drainage system are required but it is accepted that these matters can be addressed by conditions in this case.

Two other issues remain to be completed - site investigation survey and noise assessment. The former requires further information to be submitted and clarification of a number of points while the latter requires to be undertaken as some of the proposed houses will fall within a

4.2

4.3

119

reasonable distance from the Glasgow to Shotts railway line. In this instance it is recommended that these matters can be addressed by conditions.

4.4 Scottish Natural Heritage’s concerns about footpaths or rights of way are noted, however since the site was formerly a sewage works the only evidence of paths are those required to access the various chambers in situ. There is no right of way through the site nor can the opinion that a right of way exists be sustained as it does not link two places where the public have right of access. The other matters raised by SNH can be covered by conditions.

4.5 In conclusion, the proposal meets the terms of the development plan and conforms with other material considerations. I am satisfied that the concerns of consultees can be adequately dealt with by conditions. I therefore recommend that planning permission be granted.

120

Application No:

Date Registered:

Applicant:

Agent

Development :

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

S1051009901F U L

9th June 2005

Mr & Mrs J Findlay 27 Craigandoran Avenue Helensburgh

James Baird Associates 153 Union Street Larkhall ML9 IEB

Alterations and Extension to Existing Dwelling and Alterations to Existing Garage

4 Sharnotshields Holdings Wishaw Lanarkshire ML2 9PH

17 Stane Councillor Frank Gormill

2841 80 656481

SIPLIB13142

None

The application site is zoned as Green Belt in the Central Industrial Area Part Development Plan 1964. The site is identified as ENV8 (Countryside Around Towns) in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).


Consultations: None

Representations: None



1. The proposed development is contrary to Policies ENV 8, HSG 13 and the aims of Policy HSG 12 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) in that the proposed extension would constitute an incompatible design with the surrounding rural area. Furthermore, the approval of an extension of this nature would set an undesirable precedent for other similar developments within the countryside.

121

122

Background Papers:

Application form and plans received 9th June 2005 and amended plans received 29th November 2005

Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Central Industrial Area Part Development Plan 1964 NPPGl5 Rural Development (1999) PAN 72 Housing in the Countryside (2005) SPPl The Planning System (2002)

Any person wishing to inspect these documents should contact Mr Edward Mclennaghan at 01698 3021 37.

Date: 22 February 2006

123

APPLICATION NO. S/05/0099O/FUL

REPORT

1.

1 .I

1.2

1.3

1.4

2.

2.1

2.2

2.3

3.

3.1

4.

4.1

4.2


Full planning consent is sought for the alteration and extension to an existing single storey house and alterations to the garage at 4 Sharnotshields Holdings, by Bonkle, Newmains

The proposed extension would comprise an increase in the footprint of the present dwelling from 74 to 134 square metres in area. In addition the alterations would include the roof ridge height being increased from 5.4 metres to 7.9 metres, the design of the roof being altered from a hipped roof to a pitched gable end roof and removing the present slate to be replaced with concrete tiles. The proposed new roof would provide second storey accommodation in the attic space, including dormers and a first floor balcony. The proposed design also incorporates an external chimney, open porch and a render finish with stone quoins.

It is also proposed to alter the existing garage by replacing the existing composite roof sheets with Marley Modern tiles and altering the frontage to create four garage door openings.

The application site is one of a group of “small holdings” located between Bonkle, Allanton and Morningside. The site is accessed by an existing shared access and lies to the north of Church Road and to the west of Calkers Wood and comprises the house, garage and garden area.

Development Plan

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

The application site is zoned as Green Belt in the Central Industrial Area Part Development Plan 1 964.

The site is within an area covered by policy ENV 8 (Countryside Around Towns) in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Policies HSG 12 (Housing in the Green Belt and Countryside) and HSG 13 (House Extensions) are also of relevance in this instance.


The Transportation Team Leader has offered no objections to the proposed development.


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.

Policy ENV 8 (Countryside Around Towns) in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) seeks to promote and protect the countryside as defined on the proposals map and will not normally permit development other than that which relates to agriculture, forestry or other appropriate rural uses. Policy HSG 13 (House Extensions) in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) is also a material

124

consideration in the assessment of this application. The policy states that when determining applications for extensions the Council will take into consideration criteria which include:

0

0

0

The proposed development is for alterations and extension to an existing dwelling within such a countryside area. The proposed extension seeks to alter the roof ridge from 5.4 to 7.9 metres in height coupled with a change in design from a hipped roof to a gable ended pitched roof. The proposed extension would also incorporate a large dormer window to the prominent west elevation and two tall and narrow dormers with doors leading to a balcony on the east elevation. In addition it is proposed to replace the existing slate with concrete roof tiles.

The size, proportion and positioning of the extension The impact of the extension on street scene (or in this instance surrounding rural area) The external finish, roof pitch, window size and design details of the extension.

4.3

4.4 The scale, nature and design of the proposals are not considered to be appropriate or in keeping with the surrounding rural area. The extension to the roof ridge height would mean that the dwelling would be overlarge and incongruous when viewed in relation to the surrounding smallholdings. The incongruity is exacerbated by the non traditional design of the dormers and proposed balcony. These non traditional features would detract from the traditional design of the original smallholding and would set an undesirable precedent for future extensions in the rural area. The proposed extension and in particular the height and design of the new roof, associated dormers and balcony are therefore considered contrary to Policy HSG 13. The original smallholdings were all built to the same design. Many of the smallholdings have been extended in various ways since their construction, however, none have been extended to the scale proposed by the current application. The various smallholdings in the vicinity have been extended with single storey extensions of varying sizes and have not incorporated two storey extensions. The design of the extension is therefore incongruous with the surrounding smallholdings and as such is considered to be contrary to policy ENV 8.

4.5 Policy HSG 12 (Housing in the Green Belt and Countryside) whilst referring to new housing in the countryside does refer to the compatibility of design to a rural location and as such has relevance for this application. The associated text in paragraph 3.48 makes clear that for housing development which is considered appropriate in the countryside, the design of the development will require to be appropriate in the landscape and should incorporate traditional rural design features and external materials appropriate to its rural setting. As outlined in paragraphs 4.3 and 4.4 above the proposed extension would result in a dwelling, which is considered incongruous with the surrounding rural area and as such to the contrary to the principles of policy HSG12.

4.6 The design of the proposed development also conflicts with the principles of government policy and advice. SPPl on the Planning System states that design is a material consideration and that a proposal may be refused solely on design grounds (paragraph 19).

Planning Advice Note PAN72 on Housing in the Countryside states that : - “Housing ... should be ... sympathetic in terms of scale, proportion and materials to other buildings in the locality.” (page 7)

“Rural areas need design solutions ... which are appropriate to their character and setting.” (page 13)

“High quality design must be integral to new development and local area differences must be respected . . . features and finishes can help connect or disconnect a house to its surroundings.” (page 15)

“Dormer windows, used where the roof space is required for accommodation, should normally take the form of traditional dormers or roof lights with vertical proportions.” (page 18)

125

4.7 It should also be noted that there are no objections in principle to a suitably designed extension to the house. The applicant has been contacted on several occasions with respect to concerns regarding the design of the proposed extension and revised plans have been sought. The last such letter dated 31st January 2006 outlined the current proposal’s failure to comply with policy and reiterated the position that unless the design of the extension was significantly altered the application was likely to be recommended for refusal. The applicant has failed to alter the proposal to a design that is considered appropriate in this case and has informed the department he would like the current design to be considered as it stands.

4.8 In conclusion it is considered that the proposed extension would not be acceptable as it is contrary to policies ENV 8 (Countryside Around Towns), HSG 13 (House Extensions) and the principles of HSG 12 (Housing in the Green Belt and Countryside) of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). The application is therefore recommended for refusal.

126

Application No:

Date Registered:

Applicant:

Agent

Development :

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


21 st September 2005

Mr M Connelly 71 Harvest Drive Motherwell Lanarkshire MLI 2RT

Mrs J Barbour 13 Cherry Tree Drive Blackwood Lanark ML11 9TF

Two Storey Extension to Dwellinghouse

71 Harvest Drive Motherwell Lanarkshire MLI 2RT

11 Watsonville Councillor Alan Valentine

274892655674

None Relevant

The site is zoned as Policy HSG 8 (Established Housing Areas) within the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

No

None Required

1 Representation Letter

Not Required




127

128

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

Reason: To ensure that the development hereby approved complements the adjoining dwellinghouse in the interests of amenity.

3. That notwithstanding the requirements of Condition 2 above, that before development starts, full details of all external materials to be used in construction, including walls, roofs, windows and doors, gutters and downpipes, shall be submitted to and approved in writing by the Planning Authority.


Background Papers:

Application form and plans received 21 st September 2005 & 18'h January 2006 Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Memo from Transportation Manager received 7'h October 2005 Letter from Alan Sherry, 69 Harvest Drive, North Lodge, Motherwell received 14th October 2005.

Any person wishing to inspect these documents should contact Mrs Marlaine Lavery at 01698 302099.


129


REPORT

1.

1 .I

1.2

1.3

2.

2.1

2.2

3.

3.1

3.2

4.

4.1


The application seeks permission to erect a two-storey side extension at 71 Harvest Drive, Motherwell. The detached dwellinghouse is located within an existing residential area and is surrounded by similar dwellinghouses.

The two-storey extension will be constructed on to the eastern side elevation of the house. The extension will comprise of a kitchen extension to the rear of the integral garage and the first floor will provide an additional bedroom and en-suite.

The applicant originally proposed to increase the width of the existing garage over the side footpath which provides access to the rear of his house. The applicant would have had to access the rear of his house via the area between No. 71 and No. 69 Harvest Drive. However the plans have now been amended reducing the width of the extension thus retaining the original footprint of the garage and the existing side access along the boundary with No.73 Harvest Drive.

Development Plan

The site is covered by Policy HSG 8 (Established Housing Areas) within the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). This policy seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas.

Policy TR 13 (Assessing the Transport Implications of Development) and HSG 13 (House Extensions) are also relevant to the consideration of this application.


My Transportation Section has no objection to the proposal.

One letter of objection was received from the neighbour at 69 Harvest Drive, Motherwell. The main points of objection are that the applicant would not be able to use the existing access to his rear garden and would therefore be using the area between the objector’s house at No.69 and the applicant’s house at No.71 Harvest Drive. The objector is concerned that the application does not provide detail of the changes to the rear access arrangements and that visitors to No.71 will use the objector’s driveway as a pedestrian walkway, affecting his privacy. He points out that the original planning consent was based on discrete entrances to the rear of each house within the estate. He is also concerned that no details are given of drainage arrangements for such an access and this may cause drainage problems. The objector also asks if he could be informed of building arrangements i.e. the location of materials or skips.


The application raises no strategic issues and therefore can be assessed in terms of the local plan policies. The primary issues to be considered here are the compliance with the relevant development plan policies and the affect the proposal will have on the neighbouring properties.

130

4.2 Policy HSG 8 (Established Housing Areas), HSG 13 (House Extensions) and TR 13 (Assessing the Transportation Implications of Development) and are relevant to the consideration of this application. Policy HSG 8 seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas. Policy HSG 13, states that when determining applications for extensions to houses, consideration should be given to:-

1) 2) 3)

4) 5)

the size, proportion and positioning of the extension, the effect on the provision of private garden ground, its impact within the street scene and the relationship to neighbouring properties, especially the potential effect on privacy and the amount of daylight and sunlight received, its effect on parking provision, access and road safety, and the external finish, roof pitch, window size and design details of the extension.

The design of the extension is acceptable and in keeping with the scale and character of the surrounding area. It will be built above the existing integral garage and will have a minimal impact within the street scene. The extension is to be constructed on to the side elevation of the existing house and as such will not reduce the applicant’s existing garden ground or adversely affect the sunlight/daylight currently enjoyed by neighbouring proprietors. It should be noted that the rear gardens are north facing. There will be no gable windows on the extension and it is considered that the proposal will not cause any privacy issues. I therefore consider that this proposal satisfies the criteria of Policy HSG 8 and 13.

4.3 Policy TR 13 seeks to ensure that adequate off-street car parking is provided and requires assessment of development s in terms of their implications for road safety. The proposal does not result in the loss of the existing garage or parking within the curtilage of the dwellinghouse. It is therefore considered that the proposal is acceptable under the terms of Policy TR 13.

4.4 With regard to the concerns raised by the objector, the applicant has since amended the plans, retaining the existing side access adjacent to the mutual boundary with No.73 Harvest Drive and as such will not be providing a new pedestrian access adjacent to the mutual boundary with the objectors house at No. 69. As indicated above, amended plans have been submitted and there are no proposed changes to parking or access at the site. There is no reason to presume that visitors to the site will use the objector’s property. The issue of drainage at the objector’s pedestrian access and lack of discrete rear access are therefore no longer of relevance. The objector’s question relating to the building arrangements is an operational matter and it is not feasible to request or consider these details during the determination of this planning application. It should be .- noted that the proposed extension is at the opposite side to the objector’s property.

4.5 In conclusion, I am satisfied that the design, scale and impact of the proposed extension is acceptable from a planning viewpoint and that the proposal is therefore in compliance with the development plan. Notwithstanding the objections raised by the neighbour at 69 Harvest Drive, and for the reasons stated above, it is recommended that planning permission be granted subject to conditions.

131

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

S/05/01881/FUL

15th November 2005

Lanarkshire Housing Association 191 Brandon Street Motherwell MLI IRS

Fraser Brown Newman 78 Speirs Wharf Glasgow G4 9TH

Residential Development Comprising 26 Units

Land At Junction Of Princess Road Coronation Road New Stevenston Motherwell

Ward: 5 New Stevenston And Carfin


File Reference: S/PL/B/5/33

Site History:

Development Plan:

Councillor Helen McKenna

Outline consent granted for residential development 3 April 2002. (Ref. S/O2/0011 IIOUT)

Northern Area Local Plan - Policy 12 (Established Industrial Area) Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) - Policy HSG2 (Private Housing Development)


Consultations: NLC Head of Property Services Scottish Environment Protection Agency (Conditions) Scottish Water (Condition) British Gas (Conditions) Scottish Power (No objection)

(No objection)

Representations: One letter of representation

Newspaper Advertisement: 24th November 2005

132

Nwth Lanarkshire Muffiil Ranningand Environment Headquarters Sune 501, Flsming House 2 Try* Road CUMBERNAULO Og71 JW

Tebphcne 01236 818210 Fax. 01238818232

OS L1csncs1W023388 2W4

rkshire LAND AT JUNCTION OF PRINCESS ROAD I CORONATION ROAD, NEW STNENSTON, MOTHERWELL.

Councll Representation Site Area = 0.64 ha.

133


1.

2.

3.

4.

5.

6.

7.



That before the development hereby permitted starts, full details of the design of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority and before any of the dwellings are occupied the approved fences shall be erected on the positions shown on the approved plans.


That, notwithstanding the requirements of condition 2 above, before the associated houses are occupied 1.8 metre high fencing or walling shall be provided in the areas marked purple on the approved plans, in addition to the areas already marked on the approved plans to receive 1.8 metre high fences, and before the first flat at units 5 to 10 is occupied a wall or wall/railing shall be erected along the boundary marked ORANGE on the approved plans.

Reason: To improve screening of the areas in the interests of the amenity of the area.

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

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

and measures for their protection in the course of development (d) details of the phasing of these works.

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

That before the occupation of the last dwelling hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure proper implementation of the landscaping scheme.

That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed parking areas outwith the adoptable road; and (b) the proposed communal areas of grass and landscaping on the approved plans.


That before occupation of the last dwelling within the development hereby permitted, the management and maintenance scheme approved under the terms of condition 6 shall be in operation.

Reason: To ensure proper maintenance of the area.

134

8. That before the any of the dwelling units hereby permitted are occupied, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the 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.


9. That the following visibility splays, measured from the road channel, shall be provided: 4.5 metres by 60 metres to the right at the junction of Princess Road with Coronation Road; 4.5 metres by 60 metres to the left and 2.5 metres by 60 metres at the junction of the development road and Princess Road, and before any dwelling unit within the development hereby permitted is occupied everything exceeding 1.05'mdres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: To enable drivers of vehicles leaving the site to have a clear view over a length of road sufficient to allow safe exit.

10. That no dwelling unit hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.


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


12. That before the development hereby permitted starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met in respect of providing the necessary site drainage infrastructure to serve the development, including confirmation that the development will not cause or contribute to the premature operation of consented storm overflows.

Reason: To ensure the provision of satisfactory site drainage arrangements.

13. That before development starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted for the approval of the Planning Authority, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency's (SEPA) principles of Sustainable Urban Drainage Systems (SUDS).

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the latest SEPA guidance.

That notwithstanding condition 2 above, all gates shall open inward and not onto any footway adjacent to or within the site.

14.

Reason: In the interests of pedestrian safety.

15. That notwithstanding the details shown on the approved plans an area measuring 2.5 metres by 10 metres outwith any inward opening gates, and sufficient to accommodate 2 cars, shall be provided within plots 1, 2, 3, 4 and 26 and thereafter be maintained as parking spaces.

135


16. That notwithstanding the details shown on the approved plans, plot 17 shall be accessed via the internal site access rather than Princess Road, and before development starts revised plans shall be submitted to and approved in writing by the Planning Authority to address this matter, including the extension of the west arm of the hammerhead within the development site and if possible the provision of two off street parking spaces.

Reason: In order to ensure satisfactory access and parking arrangements to serve the development .

17. That notwithstanding the details shown on the approved plans the central aisle of the proposed parking court at units 5 to 10 shall be lengthened by 1 metre and before the development starts revised plans shall be submitted to and approved in writing by the planning authority to address this matter.

Reason: In order to ensure satisfactory access and parking arrangements to serve the development .

Background Papers:

Application form and plans received 15th November 2005 and 2nd February 2006

Memos from Transportation Manager received 12th December 2005 and 13th February 2006 Memo from Head of Property received 6th December 2006 Letter from Scottish Environment Protection Agency received 16th December 2005 Letter from Scottish Water received 30th November 2005 Letter from British Gas received 28th November 2005 Letter from Scottish Power received 5th December 2005

Letter from Nicola Grenfell, 76 Coronation Road, New Stevenston, Motherwell, MLI 4RE received 29th November 2005.

Any person wishing to inspect these documents should contact Mr Alistair Maclean at 01698 302093.


136


REPORT

1.

1 .I

1.2

1.3

1.4

2.

2.1

2.2

3.

3.1


The applicant seeks detailed planning permission for the erection of 26 dwellings in the form of 10 flats, 12 terraced houses and 4 semi-detached houses. The majority of the development will be two storey, the exception being the flats on the corner of Princess Road / Coronation Road which will be two linked blocks of 3-storey flats. The 3 storey block next to the semis will be have a traditional double pitched roof while the corner block will be circular with a mono-pitched roof and will provide an interesting feature. The Coronation Road frontage will comprise two pairs of semi- detached houses. There will one terraced block of two 2 bedroom houses and two single bedroom flats at either end which will form a frontage to Princess Road. A further two blocks of 5 terraced houses will be placed gable end on to Princess Road and will back on to the small industrial development accessed of this road. These blocks will be a mix of two bed and three bed houses.

To help segregate residential and industrial traffic all parking will be accessed off a new road to be formed off Princess Road. All houses and some flats will have their own curtilage parking space while the corner flatted blocks will have a parking court. Adequate visitor parking will be provided. The units will be finished in a mix of white render and buff facing brick, with grey concrete roofing tiles and zinc cladding to common close and dormer windows.

The application site was formerly utilised as an industrial premises but has lain vacant since June 2001, when the previous occupier HD Howden ceased operations. The site extends to approximately 0.6 hectares and slopes gently downward from south to north. The works building, fronting Coronation Road, was demolished some time ago whilst the remainder of the site is vacant, forming rough grassland in parts and a Council owned and maintained grass bund at the southern boundary. The site is bounded to the north and east by established residential properties, to the west by vacant land, and to the south by small industriaVbusiness units.

Outline consent for residential development was granted on the site in April 2002 (ref. no. 02/0011 I/OUT) but lapsed in April 2005.

Development Plan

This application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

The adopted local plan for the area is the Northern Area Local Plan which zones the site for Industrial purposes. The Southern Area Local Plan Finalised Draft originally allocated the site as an Established Industrial and Business Area, however this was modified in 2004 to a site for Private Housing Development (Policy HSG2) to reflect the outline consent granted for the site. Policies HSGlO (Assessing Applications for Housing Development), HSG 1 1 (Infill Housing Development) and TR13 (Assessing the Transport Implications of Development) are all relevant in this case.


The major service providers were consulted and raised no objections to the proposal, although both Scottish Water and SEPA raised concerns. Scottish Water stated that they were in discussions with the developer regarding the water and waste water problems constraining this development. SEPA commented that a SUDS drainage scheme may be required if Scottish

137

Water require surface water to be excluded from the public sewerage system.

3.2

3.3

3.4

4.

4.1

4.2

4.3

4.4

4.5

4.6

After amendments to the-iaydut the Transportation Team Leader has no objections, subject to conditions .

The Head of Property Services has no objections to the application but has requested clarification over the Housing Associations intentions regarding the possible partial upgrading of Princess Road.

The single representation was a letter of objection from a neighbouring house, the points raised being as follows:

0

0 loss of sunlight; 0

0

noise from the development of the site (one person works night shift);

existing on-street parking problems would be exacerbated and the road is already busy with traffic to nearby school; do not wish the same upheaval and mess as caused by same developer at Mossend.


Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

The acceptability of the site for residential purposes was established by the approval of outline permission in 2002. Whilst the local plan policies allocate the site for private housing development whereas this proposal is for rented housing, the proposal meets the aim of this policy as a housing site.

Policy HSGIO (Assessing Applications for Housing Development) requires the Council to take a number of matters into consideration, when considering such applications such as: the density, layout and mix of housing, detailed design elements and provision for access and parking. Policy HSGl2 (Infill Housing Development) requires the Council to take into consideration matters such as the impact of the proposals on the character and amenity of the surrounding area, garden space, privacy, sunlight etc. Policy TRI 3 (Assessing the Transport Implications of Development) requires consideration of road safety, access, parking etc.

The positioning and design of the proposed housing is such that it will not adversely affect the privacy or sunlight enjoyed by surrounding properties. The site is awkwardly shaped and is constrained by existing development. As a result some of the dwellings fail to meet the open space guidelines, nevertheless, the overall development is acceptable in terms of the constraints of the site. The design, scale and massing of the proposals are considered to be acceptable at this location. The existing buildings in the area vary in height and styles. The design of the proposals is of good quality and makes imaginative use of a circular block at the entrance to the site, all add interest to the proposal. There is a mix of materials in the area with sandstone (school), render in the older Council housing and brick in the more modern housing developments opposite, thus the proposed use of materials is considered appropriate.

In view of the above it is considered that the application accords with Local Plan Policies HSG 10, HSG 11 and TR 13.

In terms of consultation responses the concerns of Scottish Water, SEPA and matters raised by the Transportation Team Leader can be covered by conditions. It should be noted that the Transportation Team Leader has not requested that Princess Road be upgraded.

..

138

4.7 With regard to the objector’s concerns I would comment as follows: 0 Construction noise is not a material planning consideration and is controlled by other

legislation. 0 The objector’s property lies some 35 metres to the north; a sunlight test has been carried out

and the objector’s property will suffer no loss of sunlight as a result of the development. 0 With regard to on-street parking, adequate private parking will be provided within the site for

the development. The road is approximately 9 metres wide at this point, which is wider than the standard for a distributor road. My Transportation Team Leader has raised no objections regarding on-street parking problems. Any concerns regarding a previous development are not material to the consideration of this application, however, with regard to the Mossend site there were additional works at that site such as the formation of a new roundabout which is not required at this site.

4.8 In summary, the proposal is in accordance with the development plan; issues raised by the consultees can be governed by conditions where appropriate; and the concerns of the objector do not give sufficient reason for the application to be refused. Hence, it is recommended that planning permission be granted subject to conditions.

139

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


S/05/02050/0 UT

8th December 2005

Mr Bruce McKelvie 105 Bonkle Road Newmains Wishaw ML2 9AW

B B Designs Brian Boyd 60 Garngour Road Lesmahagow ML11 OHG

Erection of Dwellinghouse (In Outline)

105 Bonkle Road Newmains Wishaw ML2 9AW

16 Newmains Councillor David McKendrick

282635656267

S/PL/B/3/60 (72)

67/867 Alterations and extension for use as 2 dwellinghouses Granted 12/08/1967

The site is zoned as an Established Housing Area (Policy HSG8) in the Southern Area Local Plan Finalised Draft (Modified 2001 & 2004).

No

Scottish Water Comments Transco Comments

2 Letters of Representation

Not Required

140

141

Recommendation:

1.

Refuse for the Following Reasons:-

That the proposed development would be to the detriment of traffic and pedestrian safety in that it would result in a substandard non adoptable private access (by virtue of it's width and lack of footway) serving 3 properties, contrary to Southern Area Local Plan Finalised Draft (Modified 2001 & 2004) Policies HSGI 1 (Infill Housing) and TR13 (Assessing the Transport Implications of Development).

Background Papers:

Application form and plans received 8th December 2005

Memo from Traffic and Transportation Team Leader received 10th January 2006 Memo from Geotechnical Team Leader received 6th January 2006 Memo from Head Of Protective Services received 5th January 2006 Letter from Scottish Water received 9th January 2006 Letter from Transco received 28th December 2006

Letter from John & Louise Goodwin, 6 Goddard Place, Newmains, Wishaw, ML2 9PX received 19th December 2005. Letter from Miss Jacqueline Welsh, 107 Bonkle Road, Newmains, ML2 9AX received 14th December 2005.

Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01 698 3021 28.


142

APPLICATION NO. S/05/02050/OUT

REPORT

1.

1 .I

1.2

1.3

2.

2.1

2.2

3.

3.1

3.2

3.3

3.4


The applicant seeks permission for the erection of a dwellinghouse (in outline) on land to the rear of existing residential properties at 105 and 107 Bonkle Road, Newmains. The application site is under the same ownership as 105 Bonkle Road, although the owners of 107 Bonkle Road also claim joint title and access rights over part of the land. A copy of title deeds has been submitted which confirms this point.

The site is approximately 15m x 33m and is currently maintained as a residential yard used for access and parking for what appears to be both existing properties. Access from the public highway is taken from a 4m wide drive to the east of 107 Bonkle Road. It is noted that there is no scope for off-street parking within the narrow front garden ground of 105/107 Bonkle Road, with all parking provided to the rear. The majority of the site is finished with chips although two timber garages and a small overgrown garden area are located to the west. A further overgrown area is also located to the rear. To the front of the site is the rear of 105/107 Bonkle Road and their immediately adjoining garden ground. Beyond the application site boundaries are a housing development under construction to the west and north (with a steep rise in ground levels at this point) and existing properties on Goddard Place to the east.

It is proposed to erect a dwellinghouse within the area described with the site accessed from the existing driveway to the east of 107 Bonkle Road. The application is only in outline and details of the location, house type and layout have not been submitted.

Development Plan

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

The site is covered by Policy HSG 8 (Established Housing Areas) within the Southern Area Local Plan Finalised Draft (modified 2001 and 2004). Policies HSG 11 (Infill Housing Development) and TR13 (Assessing the Transportation Implications of Development) are also material considerations in the assessment of this application.


My Traffic and Transportation Team Leader has recommended refusal of the application as the access to the site is substandard in terms of width and footway provision. It is indicated that an access serving more than 2 properties should be served by a road to adoptable standards. The proposed access would serve 105,107 Bonkle Road and the new dwellinghouse.

My Protective Services Team Leader has no objection subject to conditions relating to site investigation.

My Geotechnical Team Leader has no objection, although highlights issues to be addressed in respect to drainage, flooding and contamination in the event that planning permission is granted.

Scottish Water and Transco raised no objection to the application.

143

3.5

4.

4.1

4.2

4.3

4.4

4.5

4.6

4.7

Two letters of representation have been received from neighbouring properties at 6 Goddard Place and 107 Bonkle Road. The points of objection are summarised as follows:

0 Loss of privacy 0 Overshadowing 0

0

0 Noise 0

Lack of space to allow for emergency vehicles Traffic, parking and access problems

The objector at 6 Goddard Place also states that the occupants of 2 Goddard Place are in opposition to the proposals.


The application requires to be assessed in terms of the development plan and any other material considerations. This application raises no strategic issues and therefore can be assessed in terms of local plan policies.

Within the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) the site lies within an area covered by Policy HSG8 (Established Housing Areas). This policy seeks to protect the established character of existing and new housing areas and opposes development which is incompatible with a residential setting or adversely affects the amenity of an established housing area. In land use terms the development of the site for a single house plot would be in accordance with the policy designation subject to there being no detrimental impact on the character and amenity of the area and assessment against Council design standards on this form of development.

The application is also subject to detailed assessment against Local Plan Policy HSGI 1 (Infill Housing Development) and Policy TR13 (Assessing the Transportation Implications of Development).

Policy HSGI 1 requires assessment of such proposals in terms of:-

(i) the overall impact of the proposal on the character and amenity of the surrounding area, (ii) dimensions of the site relative to the proposed development and associated private garden

ground, (iii) effect of the infill on the garden space, privacy and sunlight received by surrounding

properties, (iv) consideration given to scale, materials, roof heightlpitch and window patterns, and (v) provision of vehicular access and parking arrangements

Policy TRI 3 requires assessment against various criteria including:-

(i) traffic generation and the impact on the environment and adjoining land uses, (ii) impact on road traffic circulation and road safety, and (iii) provisions made for access, parking and vehicle manoeuvring.

The application is for outline consent and no layout or detailed design aspects of the dwellinghouse have been submitted. Although it has not been demonstrated how the site would be developed, it appears that a dwellinghouse may be able to be accommodated within the site boundaries, whilst adhering to Council standards on garden ground, overshadowing, privacy and vehicle turning/parking, both for the proposed dwellinghouse and existing properties at 105/107 Bonkle Road.

As stated above my Traffic and Transportation Team Leader considers the application to be unacceptable in that it would result in 3 dwellinghouses taking access from a private road of

144

non-adoptable standard, to the detriment of traffic and pedestrian safety. To bring the access up to an acceptable standard a 2-metre wide footway should be provided in conjunction with a 5.5 metre wide access connecting to the rear of the site. Due to site characteristics there is no scope to improve the access to this acceptable level. Currently, the access is only 4 metres in width which is insufficient to allow two vehicles to pass one another. A possible solution to this matter could be to take access from the hammerhead at Goddard Place, which is constructed to adoptable standard. This would require a section of an existing boundary wall to be removed with access taken through to serve both the proposed dwellinghouse and the existing properties at 105/107 Bonkle Road. While this possible solution has been suggested to the applicant no response has been forthcomlng. In the absence of suitable access provisions the proposal in contrary to policies HSGI 1 and TRI 3 as detailed above.

4.8 I consider that all other issues raised by consultees could be dealt with via planning conditions.

4.9 In relation to the points of objection I would comment as follows:

As this is an outline planning application no details of house types and layout have been submitted. Providing the appropriate siting, design and scale of a new dwellinghouse within the application site was devised (notwithstanding issues relating to parking and access) it is possible that the proposal could be developed without undue impact in relation to loss of privacy and overshadowing of neighbouring properties. This could be assessed as part of a detailed planning application. Whilst my Traffic and Transportation Team Leader has not highlighted any issues in relation to access for emergency vehicles, he has, as detailed above, recommended refusal on grounds of inadequate access. Therefore, I consider both this and the general concerns raised in relation to access through representations to be valid. Parking and turning provision has not been detailed in the application plans so cannot yet be assessed. Potential noise pollution is not a valid planning reason for refusal in this instance and has not been highlighted as a concern by Pollution Control.

In conclusion, this proposal is considered to be unacceptable on grounds of substandard access and to be contrary to the provisions of housing policy HSG 11 and transportation policy TR13 in the Southern Area Local Plan Finalised Draft (modified 2001 and 2004). Therefore, I recommend that planning permission be refused.

4.10

145

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward :

Grid Reference:

File Reference:

Site History:

Development Plan:

S/05/02088/FU L

22nd December 2005

National Australia Group Ltd 3rd Floor, 24 St Vincent Place Glasgow G I 2HL

D M Hall 27 Canmore Street Dunfermline KY12 7NU

Installation of ATM Cash Machine

220 Hamilton Road Motherwell Lanarkshire MLI 3DR

1 Ladywell Councillor Michael Ross

274367656658

S/PL/B/I 3/23

481/94 Part Change of Use to Hot Food Takeaway 96/10696/FUL Part Change of Use to Hot Food Takeaway at Corner Shop 98/00788/ADV Internally Illuminated Advertisement Hoarding 991001 58/FUL Part Change of Use to Hot Food Take Away 05/02092/ADV Display of Internally Illuminated Projecting Sign Shop recently extended, no permission obtained

The site is covered by Policy HSG 8 (Established Housing Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)


Consultations: No external consultations required

Representations: None received


146

147


1. The proposal would be d,etrimental to Policy TRI 3 of the Local Plan as it will increase the level of on-street parking on The Loaning at this busy junction with Hamilton Road, resulting in queuing traffic and obstruction on The Loaning impeding the passage of vehicles travelling along and pedestrians crossing the road, to the detriment of vehicular and pedestrian road safety.

Background Papers:


Memo from Transportation Team Leader received 6'h February 2006

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

Any person wishing to inspect these documents should contact Ms Laura Murray at 01 698 3021 34.


148


REPORT

1.

1 .I

2.

2.1

3.

3.1

4.

4.1


This application seeks planning permission for the installation of an Automatic Teller Machine (ATM) within an internal security room attached to the rear of the retail premises at 220 Hamilton Road, Motherwell. The application site is part of a retail unit, which fronts onto Hamilton Road, approximately 15 metres from the roundabout connecting Hamilton Road with The Loaning. The surrounding area is predominately residential in nature. A small commercial unit lies to the north of the site and a petrol filling station with commercial car sales lies opposite. Hamilton Road serves as a busy main road linking Hamilton and those coming from the M74, with Motherwell. The existing side wall of the rear security room includes one window to the left and the proposal seeks to install the ATM to the far right next to the window facing onto The Loaning.

Site History

There are several previous applications relating to this site. The site was initially given temporary planning consent for a two year period for part change of use to a Hot Food Takeaway in 1994(Reference 481/94). This was renewed again in 1996 (Reference S/96/00696/FUL), once again for a two year period with the view to monitor traffic in the area before considering granting permanent consent. Then in 1999, consent for part change of use as a Hot Food Takeaway was granted (Reference S/99/00158/FUL) on a ‘personal’ permanent basis as it was confirmed that there had been no objections and there was no real detriment to the road traffic network. It should be noted that the secure room that the ATM is to be installed in is a new extension recently built onto the rear of the existing retail unit only recently without planning consent. No permitted development rights exist for the erection of extensions onto commercial properties and although a building warrant has been issued for this extension (Reference 05/0380/SALT), a planning application is still required and this matter shall be pursued separately.

Development Plan

The application site lies within an area covered by Policy HSG 8 (Established Housing Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Policy TR13 (Assessing the Transportation Implications of Development) is also a material consideration in the assessment of this application.


The Transportation Team Leader has recommended refusal of this application as the existing shop associated with this proposal has no parking for customers who, therefore, park on-street at a very busy junction. The introduction of an ATM at this location will increase this parking and result in greater queues and obstruction on The Loaning. Parking would also be detrimental to road safety and could result in increased accidents at this sensitive junction.

149


5.1 In assessing the application reference is given to the Development Plan and any other material considerations. In terms of the development plan context, the proposal is not of strategic significance and should be assessed against local plan policies. The site lies within an area covered by Policy HSG 8 (Established Housing Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), which seeks to protect the established character and amenity of existing housing areas.

Policy TR13 (Assessing the Transport Implications of Development) is of more relevance in this case. This requires an assessment of various matters to be taken into account including:- the level of traffic generated from the proposal; the impact a development will have on road traffic circulation and road safety and; the provisions made for access, parking and vehicle manoeuvring. There is currently no off-street parking areas serving the site and there are further parking restrictions on the South Eastern approach to the roundabout from The Loaning and also on Hamilton Road. As indicated at paragraph 4.1 above, the Transportation Section have recommended refusal of the application because the introduction of this facility would encourage further on-street parking on The Loaning at this busy and sensitive location.

5.2

5.3 The history relating to this site is a material consideration. This has included temporary consent for part change of use of the premises to a hot food takeaway (Reference 481/94), renewed again in 1996 (Reference S/96/00696/FUL) and then granted as a ‘personal’ permanent consent in 1999 (Reference S/99/00158/FUL). Initially, temporary consent was given on the basis that the scale of the hot food operations was not significant. The demand being met was from two main sources, employees of the car garage opposite and pupils from the nearby High School. Temporary permission was granted so that the impact of the proposal could be monitored. In each case, the Transportation Section recommended refusal on the basis that the site provided no off street parking, which may have resulted in more cars parking on-street at a very busy junction. At that time, traffic levels were also monitored by Strathclyde Police who confirmed there was no road safety issue as the result of such a use. As the hot food facility was and continues to be used in majority, by school children at lunch times, there was seen to be no detrimental impact to traffic levels in the area, hence permanent consent was granted. This application however, relates to a development which would be used by adults rather than school children, many of which would undoubtedly be travelling to the ATM machine by private car and parking on a busy street due to the lack of an allocated parking area. In view of this I consider that this proposal would be contrary to the Policy TR13 as due to the lack of off street parking, it is likely to result in increased parking and congestion at a busy junction on a main route into Motherwell. It is considered that vehicles parking on the street to use the ATM would cause an increased risk to road and pedestrian safety and could result in increased accidents at this sensitive junction.

5.4 Taking all aspects into account I consider that the installation of the ATM would encourage motorists to park for short periods on The Loaning near this busy junction, resulting in a hazardous situation for motorists and pedestrians. On this basis, I recommend that permission be refused for this application.

150

_ .

Application No:

Date Registered:

Applicant:

Development :

Location :

Ward:

S/06/00015/FUL

10th January 2006

Ms E Robertson 1 Auchter Road Wishaw ML2 8PJ

Alterations to bring about Change of Use of Shop to Hot Food Takeaway

65 Caledonian Road Wishaw Lanarkshire ML2 8AP

8 Stewarton Councillor John Moran


File Reference: SIPLIBII 0/36 (209)

Site History: Planning permission granted 24th February 1994 for the installation of a new shop front, roller shutters and a new plastic sign at 65 Caledonian Road, Wishaw. Planning Ref: 40/94.

Development Plan: The site is zoned as Wishaw Town Centre in the Southern Area Local Plan, Finalised Draft (Modified 2001 and 2004) to which Policies, RTL5, RTLI 1 and TR13 apply.


Consultations: None Required

Representations: Two letters of objection received.

Newspaper Advertisement: 18th January 2006

Recommendation: Grant Subject to the Following Conditions: - 1. That the development hereby permitted shall be started within five years of the date of this

permission.


2. Noise associated with the ventilation system shall not give rise to a noise level within any nearby dwelling (assessed with windows open) in excess of the equivalent Noise Rating Curve, NRC 35, between 0700 hours and 2000 hours and Noise Rating Curve NRC 25 at all other times.

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

151

I I PLANNING APPLiCATlON NO. S/06/00015/FUL

911e601,mmmgtb~e 2 h . I R r n d WMBWNWLD W l r J W

icblihm 01% a W l 0 Far01230616212

OF SHOP TO HOT FOOD TAKEAWAY

I * Representation

152

3.

4.

That prior to the commencement of operations on site, the applicant must provide further drawings of the proposed external extraction flue, including details and colour finish, and these must be approved in writing by the Planning Authority before the flue is installed.

Reason: In the interests of residential amenity.

That the extractor flue as approved under condition 3 above shall be installed to the satisfaction of the Planning Authority prior to the opening of the takeaway.

Reason: To ensure that the premises are provided with an adequate ventilation/extraction system, as required in the interests of residential amenity.

Background Papers:


Memo from NLC Transportation Team Leader received 27th January 2006 Memo from NLC Head Of Protective Services received 19th January 2006 Memo from NLC Environmental Services (Southern Area) received 24th January 2006

Letter from Mr M F Chung, Clo Forrest, Campbell and Anderson, Solicitors, Notaries and Estate Agents, 23 Kirkton Road, Carluke, ML3 4AB received 23rd January 2006. Letter from Salvatore Faccenda, 57 Caledonian Road, Wishaw, ML2 8AP received 30th January 2006.

National Planning Policy Guideline NPPG8 Town Centres and Retailing, October 1998 Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 302087.

Date: 16 February 2006.

153


REPORT


Planning permission is sought for the change of use of a former hairdressers (Class 1) to a hot food takeaway at 65 Caledonian Road, Wishaw. The shop unit is located on the edge of Wishaw Town Centre on the ground floor of the end unit of a three storey tenement style building with residential properties on the upper two-stories. The application site is bounded by a Council owned car park on Caledonian Road to the south west and east, a fishing tackle shop to the north east and two storey buildings with shops units on the ground floor on the opposite side of Caledonian Road to the north west. The retail units on this section of Caledonian Road are mixed and comprise a number of retail outlets, a betting shop, a cafe, 3 hot food takeaways and two public houses.

The application proposes a number of alterations to the ground floor internal layout of the building in order to form a customer area, a serving counter, a cooking area, store and staff facilities. No alterations are proposed to the front elevation of the building, however it is proposed to install a 200mm diameter flue exiting the building on the rear elevation at a height of 2.5 metres above ground extending 7 metres up the rear elevation, terminating 900mm above the eaves of the building.

Development Plan

The site lies within an area covered by Policy RTL5 (Wishaw Town Centre) in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Policy RTL5 supports Class 1 Retail and gives qualified support to non-retail town centre uses where they reinforce and revitalise town centres. Policy RTLI 1 on assessing applications for Bad Neighbour Developments, is also relevant and seeks to locate such developments within Town Centres or Secondary, Village or Neighbourhood Commercial Areas.

In assessing the transportation implications of a development, Policy TR13 is a material consideration and 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, vehicle manoeuvring and access for all.


The Transportation Section have been consulted in relation to the application and have advised that they have no objections to the proposal as Caledonian Road has waiting restrictions within the vicinity of the site Monday to Saturday 7am-6pm as well as loading restrictions 8am-9.30am and 4pm-6pm Monday to Saturday. These restrictions should be adhered to, in addition a public car park is in the immediate vicinity to the south of the site.

My Protective Services and Environmental Health Sections have raised no objections to the application.

Two letters of objection have been received following the press advertisement and neighbour notification procedures, with one letter from a residential property and the other from a commercial property in the area. The objections relate to the following grounds:

a) The proposal will exacerbate parking difficulties on Caledonian Road.

154

b) c)

d)

There are already sufficient hot food takeaways within the area. The amenity of surrounding residents would be reduced due to cooking odours, noise emanating from the premises and increased refuse. Potential for anti social behaviour late at night.


4.1 It should be noted that the application raises no strategic issues and therefore only needs to be assessed against the local plan.

In assessing this particular proposal in terms of Policies RTL5 and RTLI 1, it is considered that the relevant determining factors are whether the hot food take away is acceptable in terms of its location, design, traffic impact and effect on the adjoining properties. Policy RTL5 on Town Centre Areas gives support to changes of use to non-retail town centre uses where they do not adversely affect the character and amenity of the Town Centre area. In this respect it is considered in principle that the proposal would not adversely affect the character and amenity of the area and assist the vitality of Wishaw Town Centre. Policy RTLI I makes clear that the preferred locations for hot food takeaways include town centre locations such as the currently proposed site. The application site is located in close proximity to residential properties, however given the town centre location of the site and the presence of existing hot food takeaways in this row of shops and in the surrounding area it is considered that any impact on residential amenity would be marginal as there would be no significant increase in fumes, noise or general disturbance to the detriment of surrounding properties. As advised in paragraph 1.2 above there are no proposed alterations to the frontage of the shop unit. As such it is considered that the design of the proposal would not adversely affect the visual amenity of the neighbouring properties, subject to a condition to submit details of the proposed external flue on the rear elevation of the building. In terms of residential amenity all customer activity would be at the front of the site and there would only be a small increase in activity in the rear service yard.

4.2

4.3 Policy TR13 is a material consideration and requires the impact of the development on road safety to be assessed, and in this regard my Transportation Section have no objections to the proposed location of the hot food takeaway. The parking situation on Caledonian Road should not change as a result of this application, in view of the current waiting restrictions as detailed in paragraph 3.1 above, and there is a public car park available immediately adjacent to the site.

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

The Transportation Section have confirmed that they have no objections to the proposal and the parking situation on Caledonian Road should not be made worse (see paragraph 3.1 and 4.3 above). Whether there are sufficient hot food takeaways in the area is not of direct relevance to the planning assessment of this application. The mix of uses that would result from the proposal is one of the factors to be assessed under Policy RTLI 1. However, I am satisfied that there would be no harm to the retail function of Wishaw Town Centre by this proposal to change these vacant premises (formerly a hairdressers and a cafe) to a takeaway. In respect of potential odours and noise, I can advise that this is controlled primarily by Environmental Health legislation and as discussed in paragraph 3.2 above my Protective Services and Environmental Health Sections have not objected to the application. I have recommended conditions to control the details of the extraction flue and the noise of the ventilation system, in the interests of amenity. Anti social behaviour is a matter for the police and cannot be viewed as a material consideration in this case, however residential amenity and the proximity to housing is a planning concern. It is considered that a further takeaway will not significantly alter the amenity of the area.

155

4.5 In conclusion, the proposed development would occupy an existing vacant unit and is considered to conform with the relevant local plan policies RTL5, RTLI 1 and TR13. It is not considered that the proposal will significantly impact on the amenity of the surrounding residential properties, subject to conditions to control noise from the ventilator system and to require the installation of a suitable extraction system. Notwithstanding the letters of objection it is recommended that planning permission be granted.

156

Application No:

Date Registered:

Applicant :

Agent

Development:

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


25th January 2006

National Grid Wireless Telecoms Project Office Blackhill Salsburgh Shotts ML7 4NZ

Mono Consultants 48 St Vincent Street Glasgow GZ 5TS

Replacement of Existing 14.5 Metre High Monopole with 17.5 Metre High Monopole

Asset International Land At 1 McMillan Road Netherton Industrial Estate Wishaw

13 Muirhouse And Netherton Councillor Gerard McLaughlin

277863 654705

S/PL/B/I 1 /5/HMG

No planning applications of relevance. The existing monopole mast was erected under permitted development rights prior to July 2001.

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

No

None

None

Not Required




157

158

2. That in the event the equipment becomes redundant, it must be wholly removed and the site reinstated to the satisfaction of the Planning Authority within one month of becoming redundant.

Reason: To ensure reinstatement of the site to a satisfactory standard, in the interests of visual amenity.

3. That the telecommunications monopole and attached equipment hereby approved shall be finished in matt grey metal, and the associated ground cabinets and fencing in a dark green colour.

Reason: In order to minimise the visual impact of the development.

Background Papers:


Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) PAN 62 Radio Telecommunications, September 2001 NPPG 19 Radio Telecommunications, July 2001

Any person wishing to inspect these documents should contact Miss Heather Gebbie at 01698 302102.


159


REPORT

1.

1 .I

1.2

2.

2.1

2.2

2.3

3.

3.1

4.

4.1

4.2


The application site is located at land at the north end of 1 McMillan Road, Netherton Industrial Estate, Netherton. The site is bounded by an electricity sub-station and grassland to the north, Asset International factory and storage area to the south, and treebelts approximately 12-14 metres high to the east and approximately 14-16 metre high to the west respectively. The nearest residential properties lie approximately 140 metres to the south and south west of the application site. The site is screened from Canyon Road at ground level by a 2.4 metre high palisade fence which surrounds the electricity sub station.

The applicant proposes to replace the existing 14.5 metre high telecommunications monopole mast with a 17.5 metre high monopole mast. This would accommodate the 3 T-Mobile antennae from the existing mast and also 3 new antennae for Vodafone. The Committee should note that the existing mast was erected under permitted development rights Zrior to the change in control of telecommunications apparatus which came into effect after 23 July 2001. Supplementary information submitted indicates that the proposed replacement mast would be coloured grey and the associated ground based equipment shall be coloured green.

Development Plan

The proposal raises no strategic issues and should be considered in terms of local plan policies.

The site is covered by Policy IND 8 (Established Industrial and Business Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), which seeks to retain the existing character of such areas.

Policy CS 6 Telecommunications Development is also a material consideration in the determination of this application.


No consultations were required and there have been no letters of objection received in relation to this application.


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 proposal is in accordance with Policy IND 8 (Established Industrial and Business Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) in that it does not adversely affect the character of or uses within this industrial area. The main local plan policy relevant in the determination of this application is Policy CS 6 Telecommunications Development in the Southern Area Local Plan Finalised Draft. Policy CS6 states that the Council will adopt a precautionary approach to new telecommunications developments and will seek to locate them primarily in industrial and commercial areas which are not densely populated or contain sensitive uses such as residential areas, schools, nurseries or hospitals.

160

The policy also states that applicants should demonstrate how the proposal fits into the wider network and make an ICNIRP declaration, stating that that the proposal is within acceptable safety limits in terms of non-ionising radiation. The application site is located within an industrial area and is not in the vicinity of any sensitive uses such as schools, hospitals, nurseries or residential areas. The nearest residential properties are located approximately 140 metres to the south west of the site and the nearest school is 425 metres to the south east. Given that the mast is located within a predominantly industrial area and is replacing an existing structure, I consider that the proposed structure complies with the criteria contained within Policy CS 6. While the mast would increase in height by 3 metres, the proposed structure will allow mast sharing facilities for two mobile phone operators and as such, negates the need for any new ground based masts within the required network area. The applicant has provided the required ICNIRP Certificate which states that the equipment complies with the internationally recognised levels of electro-magnetic emissions. The applicant has investigated alternative options however due to lack of site providers, the requirements for a new ground based mast and impact on visual amenity, it is considered that the proposed replacement mast is the most suitable option in terms of Policy CS 6.

4. ,3 The relevant planning policy guidance provided by NPPG 19 states that applicants must carefully consider the siting and design of the proposed installation in relation to the surrounding environment. The applicant provided a limited number of alternative sites available within the locality. Paragraph 44. Of the NPPG states that mast sharing is encouraged where it represents the best environmental solution. While an increase in the height of the mast is required in order to provide the requisite network coverage, I consider that the current proposal to accommodate two operators is the best option in this case. The proposal is therefore in accordance with the NPPG.

4.4 PAN 62 states that where an application site is located within or adjacent to a group of trees or woodland, the proposed mast should be of a design and colour appropriate to its surroundings. It is considered that the proposed grey colour of the mast, the top portion of which would be seen against the skyline, and the proposed green colour of the ground based equipment is acceptable and conditions are recommended to secure compliance. In addition the PAN states that the chosen site should be suitably screened or of an appropriate design to match the surroundings. There is an electricity sub station to the north of the site and this screens the compound and lower portion of the mast from Canyon Road. The chosen option will be sufficiently screened by the existing treebelts, however the upper portion of the mast will be visible above the tree canopies by 1-2 metres to the west and 3-4 metres to the east. It is considered that this is a minimal impact and there will be no significant impacts on visual amenity in this instance.

4.5 In conclusion, the proposed telecommunications equipment has satisfactorily addressed all relevant local and national planning policy issues. Given the existing telecommunications structure and the industrial location, I am of the opinion that the proposal complies with the criteria contained within Policy CS 6. It is accepted that the upper portion of the mast will be visible above the existing tree line. However this is considered to be a minimal impact and this location is the most appropriate site within the search area. It is therefore recommended that planning permission be granted subject to the proposed conditions.

161

DEPARTMENT OF PLANNING AND ENVIRONMENT · 2015-01-09 · APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 1 MARCH 2006 Page No. 24 30 35 40 45 Application No. N/05/01713/FUL Applicant

Documents