north lanarks h ire council · sitting of a hot food snack bar at 40 main street, plains, airdrie...

North Lanarks h ire

Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

Planning Applications for consideration of Planning and Environment Committee

Committee Date : 11 December, 2002

AGENDA ITEH NO. ....................... 1

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

APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 11 DECEMBER 2002

Recommendation Page No. Application No.

6 N/02/01125/FUL

Applicant

Victorian Heritage Ltd

DevelopmentlLocus

Grant

Grant

Grant (

Grant

Grant

Grant

Residential Development (10 Dwellinghouses and 37 Flats) Gartcosh Farm, Old Gartloch Road Gartcosh

Extension to Dwellinghouse 6 Castle Court, Castlecary, Cumbernauld

N/02/01431 /FU L

C/OO/O1164/MIN

Mr & Mrs Simmonette 14

19 Shanks Waste Services Ltd.

Extraction of Clay and Peat ,Jr the Engineering and Restoration of Adjacent Landfill Operation at Shanks Landfill Site, Meikle Drumgray Road, Greengairs, Airdrie

North Lanarkshire Council

Change of use of Public Open Space to Open Space by Closure of 2 No. Lanes and Erection of Associated Fence and Gate at Lane Adjacent To 34 Bellsdyke Avenue & Lane Between 11/13 & 15/17 Faskine Avenue, Airdrie

C/02/00808/NID 24

C/02/01037/FUL Railtrack Erection of Security Fence (Phase 1 Restorations Works) at Land South of Kilgarth Tip Gartgill Road Coatbridge

27

Sitting of a Hot Food Snack Bar at 40 Main Street, Plains, Airdrie

32 C/02/01073/FUL Mr B.McKay

Closure of Two Lanes at Lane Running From (between 171/169) Lomond Road South To (between 88/90) Leven Road Via Tantallon Drive, Coatbridge

Refuse

Grant (P)

Grant

Grant

38 C/02/01137/FUL Lochside Housing Association Ltd

41 C/02/01336/FUL Hydrex Equipment UK Ltd

Erection of 650 sq.m. TrainingNVorkshop and 245 sq.m. Office Building at Former Roads Depot, 21 8 Duntilland Road, Salsburgh

Erection of Upper Floor Extension to Dwellinghouse at J Forsyths Fresh Fruit Factory Woodside Street, Coatbridge

C/02/01349/FUL Mr J Forsyth 47

Change of Use from Class 1 Shop to Hot Food Takeway at 120-124 Stirling Street, Airdrie

50 C/02/01402/FUL Craigs Of Airdrie

2


DevelopmentlLocus Recommendation

Grant

Grant

Grant

Refuse (P)

Page No. Application No.

55 C/02/01421 /OUT

C/02/01477/FUL

S/99/01664/ENV

SO1/01191/OUT

Applicant

Erection of Residential Development (In Outline) at 48 Main Street, Caldercruix, Airdrie

McGregor McMahon & Assoc. Ltd

61 Erection of 2 Storey Side Extension at 41 Tummel Drive, Airdrie

Mr & Mrs Paul

Tarmac Heavy Building Materials Ltd

Determination of Conditions Blairhill Quarry, Bathgate

64

76 T Young Limited Engineers

Residential Development Land to West of Sunnyside Nursery, Wishaw High Road, Cleland, Motherwell

S/01/01702/FUL Anell Developments Proposed Shopping Development 638-650 Old Edinburgh Road, Uddingston.

Grant 83

Development of Fast Food Restaurant With Drive-T h roug h Service and Associated Car Parking - Caledonian Centre, Glasgow Road, Wishaw

Refuse

Refuse

88 S/02/00195/OUT Chester Properties Ltd

Erection of Illuminated Fascia Signs 17-1 9 Motherwell Road, Motherwell

93 S/02/00630/ADV Damian Turner

S/02/00774/FUL Thomas Quay General Purpose Storage Building Lady Jade Garage, Stable Road, Shotts

Grant 96

101 S/02/01219/OUT Craig O’Hara

107 S/02/01242/FUL John Marshall

Erection of One Dwellinghouse Land to The West of 35 Fruin Drive, Wishaw

Refuse

Grant Erection of Vehicle Repair Workshop Land to The East of 3 Foundry Road. Shotts

3

APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE I 1 DECEMBER 2002

Page No. Application No.

113 S/02/01304/FUL

119

1 24

S/02/01306/FUL

S/02/01309/FUL

130 S/02/01314/OUT

135 S/02/01326/ADV

Applicant

Dundas Estates & Development CO Ltd

Mr Colin Gierthy

Caron Ann Dickson Trading as Chubies

Alan Frame

Shotts Motor Auctions

138 S/02/01374/FUL Ms J Chalmers

143 S/02/01381/FUL Miss Joan Duffy

146 S/02/01391/FUL Hutchison 3G UK Ltd

151 S/02/0141O/AMD H J Banks and Company Ltd

DevelopmentlLocus Recommendation

Residential Development of 20 Detached Dwelling Houses Land at Former Storage Building, Fern Street, Motherwell

Grant (P)

Erection of a Single Storey Extension 28 Kenneth Road, Motherwell

Grant

Change of Use From Industrial Unit to Sandwich Bar (Class 4 to Class 1) Unit 4, 347 Orbiston Street, Mot herwe I I

Grant

Erection of Two Detached Dwellinghouses (In Outline) Land North of 91 Benhar Road, Shotts

Display of Non-Illuminated Directional Sign Land North East of Stane Road, Junction A71, Shotts

Refuse

Refuse

Change of Use From Shop To Restaurant With Ta ke-Awa y 36 Caledonian Road, Wishaw

Refuse

Formation of Hard Surface to Park Private Motor Vehicle (In Retrospect) Grathellen Court, 309 Merry Street, Motherwell

Grant

Erection of a 12.5m Slimline Monopole With Tri-Sector Antenna and Associated Equipment Cabinets Grass Verge, North West of 228-240 Liberty Road, Bellshill

Grant

Application to Reword Condition Grant 2 of blasting Permission (Duration)(Consent No. S/Ol/OO 122/AMD) Without Increasing the Number of Days on Which Blasting Will Take Place Watsonhead Opencast Site, Morningside Road, Newmains, Wishaw

4


Page No. Application No. Applicant DevelopmentlLocus Recommendation

157 S/02/01438/FUL Mr J Devitt & Miss Erection of Dwellinghouse Grant Sutherland 48 Calderbraes Avenue,

Uddingston

Grant 161 S/02/01456/FUL Orange PCS Ltd Installation of Telecommunications Equipment on Building Mecca Playhouse Bingo, Kirk Road, Wishaw

(P) C/OO/O1164/MIN If Approved, Section 75 Agreement Required (P) S/01/01191/0UT If approved, refer to Scottish Ministers: Contrary to Development Plan (P) S/02/01304/FUL If approved, refer to Scottish Ministers

5

N/02/01125/FUL Application No:

Date Registered:

Applicant :

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

Contrary to Development Plan:

Consultations:

Representations:

Newspaper Advertisement:

19th August 2002

Victorian Heritage Ltd 16 Gailes Road Carrickstone G68 OJJ

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

Residential Development ( I 0 Dwellinghouses and 37 Flats)

Gartcosh Farm, Old Gartloch Road, Gartcosh G69 8EU

68: Moodiesburn West And Gartcosh (Joseph Shaw)

269810.668013.

N/02/01125/FUL

The site is covered by ‘no major change / residential area’ policies in the Strathkelvin District (Southern Area) Local Plan 1983 and by a new residential development policy in the Northern Corridor Local Plan, Finalised Draft, 2000

No

Community Services S. E. P.A.(W est) Scottish Water The Coal Authority Scottish Natural Heritage

2 Representation Letters

Not Required

(Comments) (Comments) (Comments) (No Objections) (No Objections)

Comments:

This application is for the construction of 6 detached houses, 4 semi-detached houses and 37 flats on the site of the Gartcosh Farmsteading and an adjacent field, both of which are within the Gartcosh village boundary.

The proposal accords with the emerging Local Plan and is not contrary to the adopted Local Plan. There have been two objections from neighbours based on proposed changes to this part of Gartcosh.

It is considered that the flatted elements of the proposed development, as amended after negotiation with the applicant, are suitably designed. The layout and design of the detached and semi-detached houses are also acceptable.

It is recommended that planning permission be granted.

6

Note that there has been a request from a neighbour that there be a site visit and hearing prior the Committee determining this application.

Recommendation: Grant Subject to the Following Conditions:-

1.

2.

3.

4.

5.

6.

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

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

That before the development hereby permitted starts, full details of existing and proposed ground levels shall be submitted to, and approved in writing by the Planning Authority .

Reason: To ensure that ground levels are appropriate for the site and the general 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.

Reason: To ensure that external materials are appropriate for the site and the general area.

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: To ensure that boundary walls and fences are appropriate for the site and the general area.

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

Reason: To ensure that the bin stores are appropriate for the site and the general 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 ensure that the landscape is appropriate for the site and the general area.

8

7. That in accordance with the landscape phasing approved under Condition 6 above or within one year of the occupation of the last dwellinghouse within the application site, whichever is the earlier, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting approved under Condition 6 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.

Reason: In the interests of the landscape setting of the site.

8. That before the development hereby permitted starts, a scheme for the provision of an equipped play area shall be submitted to and approved in writing by the Planning Authority, and this shall include :-

a)

b)

c) d)

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

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

9. That the last 10 residential units shall not be occupied until all the works required for the provision of the equipped play area included in the scheme approved under Condition 8 above has been completed, or play area completion shall take place within the phasing approved under Condition 8 above, whichever is the earlier.

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

10. 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; b) the proposed play area; c) d)

the proposed grassed, planted and landscaped areas; the proposed fences to be erected along the boundaries;

Reason: To ensure effective future maintenance.

11. That the management and maintenance scheme approved under Condition 10 above shall be implemented concurrently with the timing and phasing of landscaping works approved under Condition 6 above and in the case of parking areas, play areas and fences shall be implemented prior to their formation.

Reason: To ensure effective future maintenance.

12. That notwithstanding the provisions to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, integral garages shall not be altered for use as habitable rooms without the consent of the Planning Authority.

9

Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate parking facilities within the plots.

13. That drainage works shall be to the satisfaction of the Planning Authority, Scottish Water and the Scottish Environment Protection Agency and shall comply with appropriate good practice and design guidance in respect of Sustainable Urban Drainage Systems.

Reason: In the interests of amenity and public health in relation to drainage of dwellings.

14. That all accesses, roads and parking areas shall be to the satisfaction of North Lanarkshire Council as Planning and Roads Authority.

Reason: To ensure satisfactory and safe vehicular and pedestrian provision.

15. That no dwellinghouse or residential flat shall be occupied until the access roads and footways leading from the existing public road to that dwellinghouse or flat have been constructed to base course level.

Reason: In the interests of traffic safety and to ensure satisfactory circulation within the site.

16. That before the last dwellinghouse or residential flat hereby permitted is occupied all roads and footways within the site shall be completed to final wearing course.

Reason: In the interests of traffic safety and to ensure satisfactory circulation within the site.

17. That before the development hereby permitted starts, an amended layout plan and details of the car park finishes and lighting shall be submitted to, and approved in writing by the Planning Authority; the amended plan shall incorporate the following,

1

1 . a mini roundabout on Old Gartloch Road, a parking/ refuse vehicle laybye on Old Gartloch Road, traffic calming measures on the CUI de sac, driveways and in-curtilage parking to the satisfaction of North Lanarkshire Council as Planning and Roads Authority, driveway access from 8 and 10 Old Gartloch Road to the CUI de sac, a footpath link to the adjacent play area,

. 1

1 a bin collection area,

or such other details as may be to the satisfaction of the Planning Authority.

Reason: In the interests of road and pedestrian safety by ensuring that the layout is to an appropriate high standard.

18. That a visibility splay of 4.5 metres by 90 metres, measured from the road channel, shall be provided within the application site on both sides of the A752 and Old Gartloch Road, and before the approved development is occupied everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

10

Reason: In the interests of road safety by ensuring driver visibility at the A752 I Old Gartloch Road junction.

19. That no residential unit shall be occupied until the "20's Plenty" speed restriction sign on Old Gartloch Road is relocated to the A752 I Old Gartloch Road junction and the junction give way sign is upgraded with all positions and sign standards being to the satisfaction of the Planning Authority.

Reason: In the interests of road safety by ensuring that local road signage is appropriate.

20. That the first 2 metres of driveways shall be paved to prevent loose material from being carried onto the road and driveway drainage shall be installed to prevent surface water from running onto the road.

Reason: In the interests of road safety.

Background Papers:

Application form and plans received 19th August 2002

Memo from Countryside and Landscape Manager received 17th September 2002 Letter from S.E.P.A.(West) received 12th September 2002 Letter from Scottish Water received 1st October 2002 Letter from The Coal Authority received 30th August 2002 Letter from Scottish Natural Heritage received 12th September 2002 Letter from Mr & Mrs G Love,lO Old Gartloch Road, Gartcosh, G69 8EU received 9th September 2002. Letter from Gordon Kerr,8 Old Gartloch Road, Gartcosh, G69 8EU received 9th September 2002.

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

11

APPLICATION NO. N/02/01125/FUL

REPORT

1.

1 .I

1.2

1.3

2.

2.1

2.2

3.

3.1

3.2

3.3

Description of Site and Proposal

This application is for the construction of 37 flats and 10 houses at Gartcosh Farmsteading and an adjacent field. Both parts of the site are within the Gartcosh village envelope. The application site covers 0.85 hectares.

The proposed block of flats consists of a rectangular building which is partly 3-storey and partly 2-storey with a gap on the Old Gartloch Road frontage. Parking for the flats is located to the side and within the rectangular courtyard with access via a pend.

Six detached 2-storey houses and the 4x2-storey semi-detached houses are proposed on a field on the north side of Old Gartloch Road.

Develo pmen t Plan

The application site is covered by the following policies in the Strathkelvin (Southern Area) Local Plan 1983 :-

B

. E.PRO6: The site is within a built-up and non greenbelt area where no specific development policies and proposals are indicated. E.PR07: Development control in residential areas.

Under the terms of the Northern Corridor Local Plan, Finalised Draft 2000, the site is covered by the following policy :-

1 HG1/17 & 1/18: Provision of housing opportunities.

Consultations and Representations

Summaries of consultation responses are as follows:

The Coal Authority : Relevant information provided. Scottish Environment Protection Agency : There is a lack of information on proposed drainage. Previous developments in the vicinity have been refused access to the public sewer for foul drainage and it should be confirmed that Scottish Water have been contacted and are agreeable to foul drainage disposal via the public sewer. . Scottish Natural Heritage : No objections. Scottish Water : The developer should contact Scottish Water with regards the drainage strategy. . Director of Community Services : A play area is required. Landscape advice is provided.

There are no objections to the amended plans from my Transportation Section.

Letters of objection have been submitted by two neighbours. Points of objection are as follows :-

. The 2-storey height of the proposed dwellings will adversely affect the amenity of adjacent residents by blocking the current open outlook and lessening sunlight and daylight. Residents will be adversely affected by increased noise levels and increased traffic movements.

12

4.

4.1

4.2

4.3

4.4

4.5

4.6

4.7

. The proposed development will adversely affect the existing character of the Old Gartloch Road part of Gartcosh. This area is rural in nature and is complimented by a few discreet bungalows. The change will be significantly detrimental to the character and appearance of the area and to the marketability of the adjacent properties. There should be a site visit and hearing prior to a decision being made in order to allow the Planning and Environment Committee to appreciate the character of the area.

.

Planning Assessment and Conclusions

The general principle of residential development is considered to be acceptable in that: . . The site is within the village envelope

The proposal accords with the emerging Local Plan and is not contrary to the terms of the adopted Local Plan.

It is accepted that there will be a change in the character of this section of Gartcosh. It is considered, however, that the proposed development will help with the regeneration of Gartcosh with obvious potential benefits to the safeguarding and improvement of local facilities and shops.

The design and layout of the flats and houses have been improved after negotiation. The 2-storey section of the flats fronts on to the adjacent roads and, as such, reasonably reflect existing village buildings. The general design of the flatted building is of an acceptably high standard.

The design and layout of the detached and semi-detached houses are considered to be acceptable.

Play provision will be shared with the recently approved adjacent residential development at Lochend Road, Gartcosh. The applicants have declined to reduce the height of the proposed houses to 1% -storeys to reflect the concerns of adjacent residents. It is not, however, considered that adjacent residents will be disadvantaged by the proposed 2 storey buildings in terms of sunlight, daylight or privacy. There will be a minimum distance of 15 metres between existing and proposed dwellings and a minimum distance of 22 metres between existing and proposed overlooking windows.

It is accepted that residents in the adjacent bungalows may be adversely affected by a perceived domination by the proposed 2 storey dwellings and by increased traffic movements. It should be noted that there are no objections to the development by my Transportation Section. There will be road improvements and traffic calming measures on Old Gartloch Road and on the cul-de-sac.

In conclusion, the proposed residential development complies with the adopted and emerging Local Plans and is designed to an acceptable standard. It is recommended that planning permission be granted.

13

Application No:

Date Registered:

Ap p I ican t :

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


N/02/0 1 43 1 /FU L

24th October 2002

Mr & Mrs Simmonette 6 Castle Court Castlecary Cumbernauld G68 OJL

Extension to Dwellinghouse

6 Castle Court Castlecary Cumbernauld G68 OJL

57: Westerwood, Carrickstone And Dullatur (Gordon Murray)

278495.677838.

N/02/0 1 43 1 /F U L

None

The property is covered by Residential Policies in the Cumbernauld Local Plan.

No

None

1 Representation Letter

Not Required

Comments:

The applicant seeks planning permission for the erection of a two-storey extension to the rear of the property at 6 Castle Court, Castlecary, Cumbernauld. The proposed extension will comprise of a larger kitchen and a lounge area at ground floor level, and will provide a further bedroom with en suite facilities at first floor level. One letter of representation has been received in relation to this application the details of which are discussed in the accompanying background report. For reasons contained in my report it is recommended that planning permission be granted subject to conditions.


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


14

Bun way CUMBERNAULC cB71DZ Tei 0123861B4M Fax 01238B184x) c6 Lmm LA m 4 1 L

A N/02/0143 IIFUL Mr & Mrs Simmonette 6 Castle Court, Castlecarry Extension to Dwellinghouse 6 Rewesentation

15

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.

Background Papers:

Application form and plans received 24th October 2002 Letter from Mr & Mrs A E Kennedy,4 Castle Court, Castlecary, Cumbernauld, G68 OJL received 5th November 2002.

Any person wishing to inspect these documents should contact Kirsten Cairns at 01236 616463.

16

APPLICATION NO. N/02/01431/FUL

REPORT

I.

1 .I

2.

2.1

3.

3.1

3.2

0

0

0

0

0

4.

4.1

4.2

4.3

4.4


This application is for the erection of a two-storey extension to the rear of the dwellinghouse at 6 Castle Court, Castlecary, Cumbernauld. The proposed extension will form a larger kitchen and lounge area at ground floor level, and a further bedroom with en suite facilities at first floor level. The extension has a footprint of 40 square metres, and an overall area of 80 square metres.

Development Plan

The property is covered by Residential Policies in the Cumbernauld Local Plan


No consultations were required.

1 letter of representation was received from the next door neighbours at 4 Castle Court, Castlecary. The points of objection are as follows:

the proposed extension will shade their house and restrict light into the property and the driveway at the side of the house; the proposal will restrict their outlook from a clear view to that of a brick wall; their privacy will be affected as the proposed upper bedroom windows will look directly into their property; the property was bought from Stewart Homes on the provision that any further developments that would affect their view and lighting levels would not be permitted; for the above stated reasons, the extension would affect the resale value of their property.

Planninn Assessment and Conclusions

In assessing this particular proposal, it is considered that the relevant determining factors are whether the extension is acceptable in terms of design, materials, and scale. Furthermore, it requires to be considered whether the proposal would have a detrimental effect on adjoining neighbours, in view of the objections mentioned.

It is considered that the extension will have a minimal impact on the lighting levels currently enjoyed by 4 Castle Court. The main reasons being the position of no. 4 in relation to no. 6 and the fact that it is a single storey dwelling means that their lighting levels are already affected by no. 6 without the extension. Furthermore, the objector has a relatively large garden area the daylight levels of which will be minimally affected. The site visit for the proposal was carried out at 2.30 p.m. and at this time of day the driveway and the side of the property were already in the shade.

It is agreed that the outlook from the objector’s kitchen window will be restricted. However, the proposed extension will at its closest point be 11 metres from their window. In any event, the desire to preserve an open outlook is not generally a material planning consideration.

With respect to the bedroom windows it is the case that a small window is proposed on the side elevation of the existing house. It is agreed that this window will look down onto the side of no. 4 and their driveway as well as at an angle into the kitchen. However, the installation of this window can in fact be carried out without the need for planning permission. With respect to the

17

main bedroom window this will look out onto the applicant‘s garden area and not directly into the garden or any windows of no. 4.

It is a legal matter between the objector and Stewart Homes, and not a material planning consideration, if assurances were made that no further development that restricted views or lighting levels would not be permitted.

The purported detrimental effect on the resale value of the objector’s property is not a material planning consideration.

4.5

4.6

4.7 It is considered that the design, scale and materials proposed are acceptable from a planning viewpoint as the extension suitably ties in with the existing dwellinghouse. It is further considered that the concerns of the objector have been suitably dealt with within this report. In view of the above it is therefore recommended that planning permission be granted.

18

Application No:

Date Registered:

Ap p I i can t :

Development :

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

C/OO/O 1 1 64/M I N

29th September 2000

Shanks Waste Services Ltd. A8 Edinburgh Road Coatbridge ML5 4UG

Extraction of Clay and Peat for the Engineering and Restoration of Adjacent Landfill Operation

Shanks Landfill Site Meikle Drumgray Road Greengairs Airdrie Lanarkshire

45: New Monklands West ( Sandra Cox)

278781 669814

C/PL/GW DO42101 8000-7/GQ/LR

Shanks obtained Planning permission 86/00458 in May 1988 for landfilllrestoration of site at Darngavil Road, Greengairs

Under the Adopted Monklands District Local Plan 1991, the main coverage of the site is through policies GB2 (countryside around towns) and L11/5 (area of devastated landscape)

Contrary to Development Plan: No

Consultations: NLC Community Services (No objection) The Coal Authority (No objection) West Of Scotland Water (No objection) Scottish Power (No objection) British Gas Transco (No objection) British Telecom (No reply) Scottish Natural Heritage (No reply) Scottish Wildlife Trust (No reply)

Councillor Sandra Cox (No reply) Greengairs Community Council (No reply)

Central Scotland Countryside Trust

S. E. P.A.(W est)

(No reply)

(No objection)

Representations: None Received (representation letters withdrawn)

Newspaper Advertisement: Not Required

Comments:

The applicant, Shanks Waste Services, seeks planning permission to extract clay and peat from a site within the boundaries of their approved landfill site at Greengairs (see planning permission 86100458).

19

The site extends to 8.2 hectares of uneven peatland that lies on the west side of the Shanks site, between the landfill areas and Darngavil Road.

Shanks propose to excavate this area to a depth of 14 metres for the recovery of in-situ clays for use within the landfill operation at Greengairs. The clay would be specifically to provide suitable on-site materials for cell engineering of the approved landfill voids to SEPA requirements.

The proposals involve the progressive excavation (in 5 phases) from the east to west over a 5 year period, and progressive restoration to peavwetland feature

On assessment, it is noted that the proposals are an ancillary element to the existing landfilllrestoration operation, would be compliant with development plan policies which can allow development in the countryside around towns for locational reasons(GB2), and seek to encourage and facilitate restoration of the designated devastated areas (Ll/1/5).

In environmental and amenity terms, it is considered that impacts would be low, with the process largely integrating with the current operations on site. In this respect, no adverse representations have been received from any consultees. Furthermore, the principles of the restoration components, (with details requiring to be established through conditions of any permission) are acceptable, and would potentially provide an enhanced environment in terms of biodiversity and general amenity. In terms of traffic impacts, it is considered that these would be low, with the majority of movements happening on site and not affecting the public road. As for potential structural and flooding effects of the development on Darngavil Road, it should be noted that engineering details submitted by the applicant have been considered and (subject to further details regarding the pond design) approved by the Departments’ Geo-technical Team. Finally, it is noted that no objections have been received from any residents or other third parties.

It is concluded therefore that planning permission can be granted, with appropriate conditions, subject to the applicant entering into a Section 75 Agreement for the restorationlaftercare of the site and an associated bond.

Recommendation: Approve Subject to the Following Conditions:-

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

Reason: In order that the works take place within the approved timescale for the completion of the current landfill development permitted under planning permission C/86/00458.

2. That the permission shall be implemented in strict accordance with the approved drawings, and with the provisions of accompanying technical reports, namely Report on Site Investigation (April 2002) by Wardell Armstrong, and Report on Phasing and Flood Prevention (July 2002) by Sir Frederick Snow and Partners(North West)

Reason: As the details within these reports represent aspects of the proposals that have been considered as part of the assessment of the application by the Planning Authority.

3. That throughout the duration of the development the applicant shall adhere strictly to the proposed road level monitoring measures and the escalating series of remedial measures contained within the approved Report by Wardell Armstrong (April 2001) and agreed with the Planning Authority.

Reason: In order to ensure that the development would not adversely affect the public road

21

4.

5.

6.

7.

That if, by reasons of any circumstances not foreseen by the applicant, it becomes necessary or expedient during the continuance of any operations hereby permitted to amend or abandon any of the provisions thereof, there shall be submitted forthwith the details of any such changes for the approval of the Planning Authority and this permission shall be complied with until such times as such approval is given including any modifications as may be required.

Reason: As any changes to the permitted proposals would require assessment by the Planning Authority to ensure that the development is still acceptable

That within 5 years of the date agreed with the Planning Authority as the start date for works, or any such shorter period subsequently agreed, the site shall be fully restored in accordance with the terms of this permission.

Reason: As this time period represents the proposals of this permission the site shall be fully restored in accordance with the terms of this permission.

That all operations shall be restricted to the hours of 08.00 hours to 20.00 hours (weekdays) and 08.00 hours to 13.00 hours (Saturdays), with no operations taking place on Sundays or Public Holidays.

Reason: In order to ensure that operations do not take place outwith the approved time periods of the adjoining landfill operations

That, notwithstanding the details submitted as part of this application, and before any development takes place on phase three as identified in approved drawing no. S2000/GG/043, the applicant shall submit and obtain written approval of the Planning Authority for full details of the progressive restoration of the site and these details shall include the following:-

a description of the restoration proposals in the form of a method statement covering all works.

a detailed site layout plan including all existing site features to be retained and all proposed planting works (including species types and nos.)

a timetablelschedule of all works.

proposed site contours

maintenance and management of the proposed site

details of public access to the site

Technical details of (including flood risk potentiallproperties) of the proposed pond/wetland area

after care details of the restored areas including timescales

Reason: In order that the restoration of the site is done to a high standard that satisfies and secures both landscape and conservation interests and ensures that there would be no flooding

22

impacts on the public road.

8. That the restoration of the site shall be undertaken in full compliance with the restoration details approved under condition 7 of this permission

Reason: In order that the restoration of the site is done to a high standard that satisfies and secures both landscape and conservation interests.

Note to Committee

The applicant has agreed to enter into an agreement in terms of Section 75 of The Town and Country Planning (Scotland) Act 1997 in respect of restoration and aftercare and has agreed to provide a Bond of Caution. If granted, any permission should not be issued until the Agreement and the Bond have been delivered in satisfactory terms.

Background Papers:

Application form and plans received 29th September 2000 Geophysical Survey Report by Terradat (UK) Ltd. Report on Site Investigations by Wardell Armstrong (April 2001) Report on phasing and flood prevention to Darngavil Road (July 2002) Memoranda from Geotechnical Team/ Roads Consultancy Services received 19 October 2000, 14 November 2000,02 May 2001,26 November 2001,27 December 2001 and 24 October 2002. Memo from Transportation received 17th October 2002 Letter from The Coal Authority received 13th October 2002 Letter from West Of Scotland Water received 9th October 2002 Letter from Scottish Power received 13th October 2002 Letter from British Gas Transco received 13th October 2002 Letter from S.E.P.A.(West) received 17th October 2002 Representation letters from McClay Murray and Spens, Solicitors, received 11 March 2002 and 16 May 2002 Representation letters from Todds Murray Solicitors, dated 7 August 2002 and 8 August 2002( withdrawing previous representations)

Any person wishing to inspect these documents should contact Gerard Quinn at 01236 812381.

23

Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


C/02/00808/N I D

5th July 2002

North Lanarkshire Council Housing Department 25 Broomknoll Street Airdrie ML6 6BN

Change of use of Public Open Space to Open Space by Closure of 2 No. Lanes and Erection of Associated Fence and Gate.

Lane Adjacent To 34 Bellsdyke Avenue & Lane Between 11/13 & 15/17 Faskine Avenue Airdrie Lanarkshire ML6 9EA

47: North Cairnhill And Coatdyke (Peter Sullivan)

275926664773

C/PL/AI F102/D B/LR

C/0100852/NID Closure of two lanes was withdrawn on 28th December 2001

The application site is covered by residential policies in the Monklands District Local Plan 1991.

No

NLC Community Services

None Received

23 October 2002

Comments:

This application relates to the closure of 2 lanes that run between 11/13 & 15/17 Faskine Avenue and south of 34 Bellsdyke Road, Airdrie. The lanes give access to a square area of public open space, that is maintained by the Council, and is completely enclosed by rear garden fences. A lane was previously closed that ran between 37/39 Faskine Avenue. There have been reports made of anti-social behaviour by groups of youths that is causing concern to local residents. The lane at the side of 34 Bellsdyke Road is dog legged and could raise personal safety concerns in winter months. Following neighbour notification, advertisement in the local press and normal consultation no objections were received. N.L.C. Community Services have indicated a requirement for access to be maintained for continued maintenance of the open space area. In the interest of residential amenity I propose that the closure of the lanes be granted subject to the provision of a gated access at the lane between 11/13 & 15/17 Faskine Avenue and a permanent fence at 34 Bellsdyke Road. Should planning permission be granted, no works could be carried out until the necessary 'Stopping-Up' procedures have been successfully promoted and concluded.

24

Planning Application No C/02/00808/NID rbhire

Closure of 2 No Lanes

11/13 & 15/17 Faskine Avenue Airdrie

COUnCll

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25


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

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

2. That, notwithstanding the terms of Condition 1 above, the development hereby granted shall not commence until the necessary Footpath Closure Order has been successfully promoted and confirmed as specified in Schedule 16 of the Town and Country Planning (Scotland) Act 1997.

Reason: To ensure that the footpaths are stopped up in accordance with the requirements of the Act prior to the implementation of works.

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

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

4. That within two months of the confirmation of the Closure Order, all the fences and gates, as approved under the terms of Condition 3 above, shall be erected.

Reason: To ensure that access to the open space is restricted to personnel undertaking maintenance of the landscaped area, in the interest of residential amenity.

Background Papers:

Application form and plans received 5th June 2002

Memo from the Transportation Section received 28 August 2002 Memo from NLC Community Services received 9 August 2002

Any person wishing to inspect these documents should contact David Baxter at 01236 812372.

26

Application No:

Date Registered:

Applicant :

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


C/02/01037/FUL

12th August 2002

Railtrack Railtrack House Euston Square London NWI 2EE

Town Planning Manager Railtrack Property Arena Point 1 Hunts Bank Manchester M3 IRT

Erection of Security Fence (Phase 1 Restoration Works)

Land South of Kilgarth Tip Gartgill Road Coatbridge Lanarkshire

33: North Central and Glenboig (Jim McKinlay)

271642 667082

C/PL/CTG750000/IJ/LR

The site is covered by policies HGI 1/1: Additional Housing Land and GBI: Restrict Development in Green Belt in the adopted Monklands District Local 1991.

No


Not Required

Comments:

Consent is being sought for the erection of security fencing around a substantial section of undeveloped land within the Gartsherrie area of Coatbridge. The land to be enclosed is located directly north of the existing housing area of Townhead, west of an operational railway line and east of Gartcloss Farm. The land has been identified as containing contaminants which are to be treated in due course by the applicant subject to the subsequent submission, and approval of a further planning application specifically for that purpose. This submission is required to secure the site from the general public in advance of its de-contamination.

27

R.pr0du.d homlh hdn- Surr.ymwpiw r l h h. p m i s s i a of h. Cardl- 01 h r M a i l N ~

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R0duc.d by manning and Erwironmml Haadqlurlarr

CUMBERNAUW G57 1JW

Suite 2 Try.( 501, R a d Flaming Hous.

01236 616210 Fax 01216 6 1 6 3 2

05 L i c m ~ e L A 0 9 0 4 1 L

Land South of Kilgarth Tip, Gartgill Road, Coatbridge * Representations One Representation outwith M m Area

Not to Scale s ~ i ~ ~ ~ . n / o m u . m c r a n s o ~ ~ i p h t

28

The proposal is for the erection of a new 1.8 metre high silver coloured palisade fence at the eastern part of the site fronting the residential properties on Thornton Street together with the erection of a 2.4 metre high black coloured welded mesh fence along the western part of the site as a direct replacement in parts to an existing wire fence of similar height. Three letters of objection were received in respect of this proposal the contents of which are discussed in the accompanying report.

As indicated above the proposed securing fencing is required both to prevent public access into an area identified as containing contaminants and also as a first step towards the eventual de-contamination of the site itself. The applicant has amended the initial proposals following comments by the residents on Thornton Street and the new fencing along the western part of the site where it affects Gartcloss Farm will be a direct replacement in terms of height to the existing fencing at that location. Having regard to the foregoing, I consider that the proposal is acceptable at this location and therefore recommend that permission is granted subject to the attached conditions.


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


2. That notwithstanding the submitted plans, amended details shall be forwarded to the Planning Authority to indicate the agreed repositioning of the proposed security fence adjacent to the properties on Thornton Street and no work shall start on site until these required details have been approved in writing by the Planning Authority, including any amendments as may be required.


Background Papers:

Application form and plans received 29th July 2002

Consultation response from the Transportation Section received 14th September 2002 Consultation response from the Protective Services Section received 18th September 2002

Letter from Helen Cooney,4 Thornton Street, Coatbridge, ML5 2NZ received 2nd August 2002. Letter from lan & Dorothy Loudon,2 Thornton Street, Coatbridge, ML5 2NZ received 2nd August 2002. Letter from Mr Hugh Taylor,Gartcloss Farm, Townhead, Coatbridge, ML5 2EH received 23rd August 2002.

Any person wishing to inspect these documents should contact lan Johnston at 01236 812382.

29

APPLICATION NO. C/02/01037/FUL

REPORT

1.

1.1

1.2

2.

2.1

3.

3.1

3.2

4.

4.1

4.2

4.3


The application site is located directly north of the existing housing area of Townhead, Coatbridge, south and west of an operational railway line that links Coatbridge (Central Station) with Glasgow and east of the farmlands of Gartcloss Farm. The surrounding lands have in part been identified as containing contaminants as a result of previous workings within the area.

The proposal is for the erection of security fencing around the affected site to prevent public entry onto it in advance of a programme of site remediation work which will be carried out at a later date. The security fencing will comprise of 1.8 metre high silver coloured palisade fencing at the eastern part of the site between the bridge and the properties on Thornton Street. To the west of that fence a further section of 2.4 metre high black coloured welded mesh fence will be erected to a point north of Gartcloss Farm and bounding onto the embankment of the adjacent railway line. The western section of fence will replace an existing fence of similar height.

Development Plan

The site is covered by policies HG1111: Additional Housing Land and GBI: Restrict Development in Green Belt.

Consu I tat io ns and Representations

Following the standard neighbour notification procedures three letters of objection were received against this proposal. The basis of these objections is that the section of proposed fencing at the eastern part of the site is too close to the windows of the properties on Thornton Street and that western section is visually intrusive. It is also considered that the proposed fencing would restrict the wildlife population in the area.

Neither the Transportation Section nor Protective Services Section offered any objection to the proposal.

PI ann i n FI Assessment and Co n c I u si o n s

This application requires to be considered not only against the policies of the Development Plan but also in respect of any other matters that are considered relevant to this particular proposal.

The proposal under consideration is for the erection of a section of security fencing around the exposed boundaries of a large area of ground which has been identified, through site investigations, as containing significant levels of contamination which and which has been caused “through the unauthorised and largely uncontrolled use of the site by various third parties”. Detailed consideration is presently being given by the applicants, Railtrack, to the finalisation and development of an optimal remedial strategy to address the contamination of the site and as a first step to the eventual de-contamination of the affected land the applicant is proposing to erect security fencing around the site to protect the general public, and animals, from any potential risks within the site.

The design, location and height of the proposed fencing is required primarily as a safety feature prior to and during remedial works to the site being enclosed. It is anticipated that the fencing would be removed at some time following completion of the required remedial works although no firm timescale has been set for those future works which will be the subject of a separate

30

planning application. While no objections have been received against the style of fencing proposed, concern was initially raised in respect of the positioning of a section of the proposed palisade fencing adjacent to the residential properties on Thornton Street. Following discussions with the applicant the fencing proposed at that location has been realigned some two metres off the existing public footpath to accord with the objectors' requests. Concerns were also raised over the proposed western section of fencing near Gartcloss Farm although it should be noted that the new fencing at that location will replace existing fencing of a similar height and at the same physical location. It is also accepted that the security fencing will deter and ultimately protect wildlife from entering what is now identified as a contaminated site.

4.4 Having taken all matters into consideration I consider that the proposed type of fencing is of a good standard and is an essential requirement, albeit in the short term, to protect the general public and wildlife from the contaminants identified as existing within the site to be enclosed by the proposed fencing. The concerns raised by the residents on Thornton Street have been overcome through the slight repositioning of a section of fencing and the new fencing towards Gartcloss Farm is a direct replacement for existing fencing of a similar height. I therefore consider the proposal acceptable and recommend that permission is granted subject to the attached conditions.

31

Application No:

Date Registered:

Ap p I i can t :

Development:

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


C/02/01073/FUL

14th August 2002

Mr B.McKay 10 Forge Road Airdrie ML6 8PJ

Sitting of a Hot Food Snack Bar

40 Main Street Plains Airdrie Lanarkshire

46: Plains and Caldercruix (Thomas Morgan)

279383666645

C/PLM030040/GL/LR

No relevant history

The application site is covered by Economic Activity Policies in the Monklands District Local Plan 1991.

No


None

Comments:

This application relates to the siting of a snack bar on land at 40 Main Street, Plains. The application site forms part of the forecourt of a small industrial unit, bounded on all sides by palisade fencing. The site is zoned Econ 2 Existing General Industrial Areas in the Monklands District Local Plan 1991,

The proposal although not industrial is considered acceptable in principle for this location with no adverse impact on directly adjoining businesses. Adequate parking and access can be provided and the potential impact on the nearest residential properties is not considered significant enough to merit refusal. Two letters of objection have been received details of which are contained in the attached report. These objections are not considered to offer sufficient justification for the refusal of the application. The applicant has yet to decide whether the snack bar will take the form of a van or a small portacabin style structure. However these details can be controlled by way of planning condition to ensure there will be no detriment to the visual amenity of the surrounding area. The actual siting of the snack bar can be adequately considered at this stage. Taking the relevant policies of the Development Plan and other material considerations into account it is recommended that permission be granted for a temporary period of five years, at which time the situation can be reviewed.

32

Planning Application No. C/02/01073/FUL &shire Siting of Hot Food Snack Bar

40 Main Street, Plains, Airdrie * 2 Representations w tw i th Map Area

Pmduced by Planning and Environmnt

Sute501, Fleming House 2Tryst R o d

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33


1. That the permission hereby granted is for a temporary period only and shall expire on 11.12.2007

Reason: To allow the Planning Authority further control over this matter.

2. That no later than 11.12.2007 the snack bar shall be removed and the application site returned to its former state to the satisfaction of the Planning Authority, unless an extension to the time period has been agreed through the submission and determination of a further planning application.

Reason: In the interest of amenity.

3. That prior to the snack bar hereby approved being placed on site details of it's size, style (static/mobile) and elevations shall be submitted to and for the written approval of the Planning Authority, including any modifications as may be required.

Reason: To allow further consideration on this matter in the interest of amenity.

4. That the snack bar shall be set back a minimum of 2m from the boundary fence and restricted to the area highlighted on the application plans, to the satisfaction of the Planning Authority.


5. That prior to the snack bar hereby approved coming into use, two off street car parking spaces shall be provided within the curtilage of the site (details of which to first be agreed in writing with the Planning Authority) and thereafter retained as parking spaces.

Reason: In the interest of road safety.

6. That no generator shall be used in association with the snack bar unless it can be demonstrated by way of a noise impact assessment that there will be no adverse noise impact for residential properties on Main Street, to the written satisfaction of the Planning Authority.

Reason: In the interest of residential amenity.

34

Background Papers:

Application form and plans received 24th July 2002

Letter from Margaret McCracken, The Pantry, 199 Main Street, Plains, Airdrie received 18th September 2002.

Letter from Department of Education received 9th October 2002. Memo from Transportation Section received 22nd October 2002

Any person wishing to inspect these documents should contact Gordon Liddell at 01236 812374.

35


REPORT

1.

1 .I

2.

2.1

3.

3.1

3.2

3.3


This application is for the siting of a snack bar on ground within the forecourt of a small self- contained commercial unit at 40 Main Street, Plains. The final details of the style of snack bar (i.e. mobilelstatic) have yet to be confirmed although this can be established by way of planning condition. The application site and wider commercial property is bounded by 2 metre high palisade fencing. Large industrial premises are located to the south, east and west. Main Street bounds the site to the north with residential properties beyond.

Development Plan

The application site is zoned Econ 2 Existing General Industrial Areas in the Monklands District Local Plan 1991. In this area the retention and continuation of existing industrial uses are generally considered acceptable.

Consu I tat ions and Representations

The Transportation Section have advised that they have no objections to the proposal subject to two conditions. Firstly, the snack bar should be set back a minimum of 2 metres from the boundary fence in order to retain the required junction visibility splay. Secondly, two customer parking spaces should be provided within the curtilage of the forecourt. It is also highlighted that no advertising for the snack bar should be placed on the public road or erected as street furniture.

Two letters of objection were received. Firstly, on grounds that Plains Main Street already has ‘The Pantry’, two grocer’s shops and a tandoori takeaway. The provision of this snack bar would constitute over provision, detrimental to the competitiveness of existing establishments.

Secondly a letter of objection has been received from the Department of Education. The grounds of objection are in relation to the proximity of the snack bar to St. David’s Primary School are detailed as follows:

That the uptake of school meals will be undermined, for example the reduced sales will affect the range of provision and unit costs;

0 That the promotion of healthy eating will be less effective. Currently there are initiatives to encourage pupils to buy nutritionally balanced meals. It is noted that the education service provides a wide range of items, high standards of in food quality and hygiene and value for money to pupils;

That there will be safety concerns and potential for indiscipline among pupils. Currently pupils are encouraged to remain on campus, under supervision, during intervals and the snack bar will attract pupils outwith the school gates raising concerns about road safety and bullying.

That there will be complaints from the adjacent neighbourhood about misbehaviour and litter.

36

4. Planninn Assessment and Conclusions

4.1 This application should be assessed against the development plan and other material considerations. In this instance the application site is zoned Econ 2 Existing General Industrial Areas in the Monklands District Local Plan 1991. In this area the retention and continuation of existing industrial uses are generally considered acceptable. Although, this proposal is clearly not of an industrial nature it is considered to be a type of use which is generally compatible with such areas without causing detriment to, or displacement of existing industrial units.

4.2 It is also important to consider the impact of the proposal on the surrounding area. As previously described the proposed snack bar is located within the small self-contained industrial unit bounded on all sides by palisade fencing. As such there will be no significant adverse visual impact. Industrial/CommerciaI uses are located directly adjacent although some residential properties are located opposite on the north side of Main Street. While there are residences located opposite, the area is generally mixed and the proximity of the dwellinghouses is not considered reason enough to recommend that the application be refused. In relation to potential for smells adversely effecting residential amenity, the Protective Services Section has suggested that a snack bar may give rise to smell complaints at this location. This form of potential impact is not considered conclusive enough to suggest the application be refused.

4.3 Consideration should also be given to objections. While the concerns of the proprietor of a nearby establishment of detrimental impact on their own business due to over provision are appreciated issues of this nature are not considered material planning considerations.

4.4 The concerns of the Department of Education are also appreciated. With regard to potential undermining of the uptake of school meals and the promotion of healthy eating being less effective, from a corporate viewpoint these concerns are acknowledged. However it is not the responsibility of planning legislation to consider matters such as this and these objections cannot be considered reasonable reasons for refusal.

4.5 Similarly, potential for indiscipline among pupils and concerns about increased levels of bullying as a result of pupils being attracted outwith the campus are not issues which should be taken into account in the determining of this application. While currently pupils are encouraged to remain on campus under supervision during intervals this is an issue for the Department of Education and the School itself. In planning terms these are not considered reasonable reasons for refusal. Potential misbehaviour and litter is difficult to predict and should complaints from the adjacent neighbourhood be received these are effectively social issues, again not controlled through planning legislation. An advisory note is attached to the applicant suggesting that to minimise complaints of this nature appropriate bin facilities should be provided.

4.6 Concerns over road safety can however provide reasonable reason for refusal. In this instance though the Transportation Section have no objection to the siting of a snack bar at this location and do not consider it detrimental to road safety. It is noted that the site is not directly adjacent to the school, rather some streets away. In the interest of road safety no advertisement signs should be placed on the public road or incorporated as street furniture and the applicant is advised of this through an advisory note.

4.7 Having given due regard to the local plan policy zoning for the site, the impact on the surrounding area and the objections received, it is recommended that planning permission be granted for a temporary period of five years at which time the situation can be reviewed. The impact on the surrounding area is considered acceptable from both an amenity and road safety viewpoint. Other than the issue of road safety, although the nature of the objections received from the Department of Education are understood and appreciated they are not considered to constitute valid material considerations and do not offer sufficient reason for refusal.

37

Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


C/02/01137/FUL

30th October 2002

Lochside Housing Association Ltd 64A Leven Road Coatbridge ML5 2LT

Closure of Two Lanes

Lane Running From (between 1711169) Lomond Road South To (between 88/90) Leven Road Via Tantallon Drive Coatbridge Lanarkshire

31 : Townhead ( Anthony Clarke)

271 81 4 666590

C/PL/01/00821/FUL Closure of Two Lanes Refused 14.1 1.2002

The application site is covered by residential policies in the Monklands District Local Plan 1991

No

Strathclyde Police No Response


None Received

Comments:

This application relates to the closure of two lanes running from (between 171/169) Lomond Road south to (between 88/90) Leven Road Via Tantallon Drive, Coatbridge. This is a follow up to planning application C/PL/01/00821/FUL which was refused planning permission on 14'h November 2001. The applicant has now provided additional supporting information. It would be the intention of the applicant to fence off the entrance of the lanes to the public. The southernmost lane provides access to a Scottish Power electricity substation with access retained by a way of a padlocked gate. The lanes form part of a larger desire route providing access to St. Bartholomew's RC Primary School and bus stops on Lomond Road. It is acknowledged that the lanes are currently in a poor state of repair with evidence of vandalism to boundary fences, lighting columns, footpaths and a significant amount of graffiti, broken glass and bottles. No objections were received from any of the utility companies through the previous application. Scottish Power indicated that they reserve the right to gain access to the sub-station, apparatus and underground cables in the vicinity.

Four letters in support of the closures were originally received from residents in the vicinity, three from dwellinghouses opposite the entrance on Leven Road and one from an adjacent dwellinghouse to the entrance on Lomond Road. This recent application also contains a further three letters of support, 20 returned slips from different addresses confirming support, a letter from Strathclyde Police confirming that anti-social incidents have taken place and a letter of support from the Local Councillor.

38

Planning Application No. C/02/01137/FUL rkshire

Closure of Two Lanes

Lane running from (between 171/169) Lommond Road South to (between 88/90) Leven Road Via Tantallon Drive, Coatbridge

Ceuncll

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39

The letters of support relate to the degree of anti-social behaviour experienced by local residents and the potential for injury to persons using the lane in the future. The reasons for support are summarised as follows: -

Potential for adultslchildren to be injured Anti-social behaviour from groups of youths, drunks and drug addicts Presence of old needles, bottles and broken glass Abusive language and threatening behaviour to residents Damage to property such as broken fences and windows Cost to repair damage incurred on residents That there are alternative safe routes via Wye Crescent and a lane from Lomond Road to Leven Road

The lanes subject of this application are considered to form a practical route to St. Bartholomew's RC Primary School and bus stops on Lomond Road. The lanes form part of a more important desire route and form a direct link in Council's Safer Routes to School Initiative. It is considered that closure of the lanes would conflict with the spirit and intentions of the Safer Routes to School initiative resulting in a reduction in road safety. Closure of the lanes would also result in a substantial increase in distance for pedestrians to walk to bus stops on Lomond Road. The Transportation Section has recommended that the application be refused.

The concerns of the residents in support of the lane closure are both appreciated and understood however assessment of the proposal in planning terms must take a wider overview of the situation. While it is acknowledged that there is evidence of anti-social behaviour highlighted through letters of support, these are essentially social problems tackled through alternative areas of legislation and enforcement such as policing etc, and not planning legislation. Closure of the lanes in this instance is not considered a solution particularly taking into account the value of the lane as a functional route and the existence of similar lanes in the vicinity. Closure of the lanes would not only stand against the spirit and intentions of Council's Safer Routes to School initiative but would also set an undesirable precedent for similar proposals and could effectively shift anti-social problems elsewhere. It is also considered inappropriate to simply fence the lanes off, as this would leave a void which could be equally used a focal point for anti-social behaviour. On balance, the proposal is still considered to be unacceptable and hereby recommended for refusal.

Recommendation: Refuse for the Following Reasons:-

1. That closure of the lanes would result in a substantial increase in distance for pedestrians to walk to bus stops located on Lomond Road.

That both lanes form a direct link in the Council's Safer Routes to School initiative and closure of the lanes would conflict with the spirit and intentions of this initiative, set an undesirable precedent for similar proposals and result in a reduction in road safety.

2.

Background Papers:

Application form and plans received 12th August 2002 3 letters of support and 20 returned slips confirming support received from applicant 12th August 2002 Committee Report for Application C/01/00821/FUL Letter of support from Councillor Anthony Clarke, received from applicant 12th August 2002.

Any person wishing to inspect these documents should contact Gordon Liddell at 01236 8 1 2347

40

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


Comments:

C/021013361FUL

15th October 2002

Hydrex Equipment UK Ltd Loaning Hill Uphall Broxbu rn West Lothian EH52 5NT

T. Lawrie & Partners Clydeway Skypark 8 Elliot Place Glasgow G3 8EP

Erection of 650 sq.m. TrainingNVorkshop and 245 sq.m. Office Building.

Former Roads Depot 218 Duntilland Road Salsburgh Shotts Lanarkshire ML7 4NZ

52: Salsburgh (Brian Brady)

283968663218

CIPLI 854121 8lLWLR

Planning application 721495: Maintenance Depot; Granted Permission April 1972

Erection of Garage and Motorway

The site is covered by policy GB2 (Countryside Around Towns) within the 1991 Monklands District Local Plan

No

Amey Highways Ltd Scottish Water British Gas Transco Scottish Power The Coal Authority S.E.P.A.(West)

None Received

Advertised on 31 st October 2002

(com ments) (no objections) (no comments) (no comments) (comments) (comments)

Hydrex Ltd, a company specialising in providing maintenance equipment to (amongst others) the railway industry, wishes to construct a workshop and training centre on a site on the edge of the M8 to the north of Salsburgh. The building would be up to 11 .O metres in height with a large yard area to the

41

Planning Application No. C/02/01336/FUL &shire Pmduced by Planning and Emuonmnl Haadquaters Sute 501, Flernng House 2Trysl R o d

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Erection of 650 sq. m. TrainingMlorkshop and

Former Roads Depot, 218 Dunti

CUMBEWAULD 245 sqm. Office Building

Os Llcmce LA 09041L

Not to s a l e 2:lpsr,”’%’~cZQd~,EM@’‘ 42 Road, Salsburgh

north. Access would be taken onto Duntilland Road which (opposite Duntilland Quarry) which connects onto the B7066 to the east of Salsburgh. The applicant intends to transfer 100 jobs from their Broxburn plant and in the longer term hopes to employ as many as 300 people at the site.

Until the late 199O's, the site accommodated a Council owned roads maintenance depot associated with the motorway. The has since been sold by the Council, and the site and buildings (which were in a state of semi- dereliction) have now been cleared in advance of planning permission to make way for the development. The site is zoned as 'Countryside Around Towns' (Policy GB2 within the adopted Monklands Local Plan 1991) which normally presumes against further development unless it can be justified against criteria of economic benefit, locational need, infrastructure implications and environmental impact. Local Plan Policy RE1 states that the Council will take active steps to support the rural economy through identifying and encouraging the growth of rural enterprises. Given the remote nature of the site and the fact that it is not identified as a development opportunity within the local plan, I would normally wish to see this type of development discouraged. However, bearing in mind the previous use of the site, its appearance (until recently) and the resultant economic benefits, I would suggest that the proposal is in accordance with the spirit of the local plan and in accordance with policies GB2 and REI as noted above.

The Transportation Section has asked that the position of the access is moved to minimise conflict with the access to Duntilland Quarry and this can be addressed through a planning condition. At 11.0 meters in height, the building will be clearly visible from the motorway, but any unacceptable visual impact would be mitigated by a new planting scheme over and above the existing roadside tree belt. Both SEPA and the Scottish Executive (Transport and Planning Group) have no objections subject to the provision of acceptable drainage schemes which can be addressed by condition. There have been no objections to the proposal from other consultees or neighbouring proprietors, and I would therefore recommend that permission be granted subject to the attached conditions.


1.

2.

3.

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


That, notwithstanding the provisions of the Building Standards (Scotland) Regulations 1990, and before the development starts a certificate from a recognised firm of chartered engineers, duly signed by a Chartered Engineer or Chartered Geologist of Adviser Status (ICE, SlSG 1993) shall be submitted to the Planning Authority confirming that the single mine entry within the site or within 20 metres of the site has been identified and suitably treated or confirmed as having no adverse impact on the safety and stability of the site.

Reason: To ensure the mineral stability of the proposed housing site in the interests of prospective residents (Note: A copy of the required Certificate is available from the Area Office).

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, including any modifications as

43

may be required.


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, 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 and in the interest of the visual amenity of the area.

6. That notwithstanding the generality of condition no. 5 above, the proposed planting scheme shall include a densely planted area of trees within the area hatched YELLOW on approved plans.

Reason: To protect the visual amenity of the area and in particular to ensure a satisfactory standard of development as viewed from the motorway.

7. That within one year of the occupation of 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 the timeous implementation of the necessary landscaping scheme.

8. That before development starts, full details of the location of and design of the surface water drainage scheme to be installed within the application site shall be submitted to and 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.

9. That before any development starts on site, revised details of the vehicular access point shall be submitted to the Planning Authority for its prior written approval (including any amendments which may be required) and this shall allow for the following:

(a) The siting of the access point onto Duntilland Road shall be from the northmost part of the site

44

(b)

(c)

Existing access points to be closed off and reinstated to verge

Visibility splays of 4.5metres by 9Ometres to be provided onto Duntilland Road in both directions

(d) Access to be 7.3metres wide with corner radii of 10.5metres with gates sited a minimum of 15metres from the carriageway.

Reason: In the interests of highway safety and in particular to ensure prevent vehicular conflict with traffic from Duntilland Quarry.

10. That before development starts, details of a scheme, which provides sufficient space within the curtilage of the application site for:- (a) sufficient parking provision to cater for :

0

0

0

1 .Ispaces per gross floor area (training building) 1 space per 2 trainees 7 spaces for other office staff

(b) the site in forward gear

the provision of a 30.0 metre diameter turning area so that all vehicles enter and leave

(or any other reasonable scheme) shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

11. That before the development hereby permitted is first brought into use, all the parking and manoeuvring areas agreed under the terms of condition no. 10 above, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

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

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

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

Background Papers: Application form and plans received 2nd October 2002 Memo from the Transportation Section received 28th November 2002 Memo from Protective Services Section received 5th November 2002 Letter from Amey Highways Ltd received 7th November 2002 Letter from Scottish Water received 21 st November 2002 Letter from British Gas Transco received 31st October 2002 Letter from Scottish Power received 4th November 2002 Letter from the Coal Authority received 28th October 2002 Letter from S.E.P.A.(West) received 28th November 2002

45

Any person wishing to inspect these documents should contact Lindsay Kellock at 01236 812379.

46

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

C/02/01349/FUL

4th October 2002

Mr J Forsyth Kirkstyle Cottage Woodside Street Coatbridge ML5 5AJ

I.F.T. Partnership Ltd Fountain Business Centre Ellis Street Coatbridge ML5 3AA

Erection of Upper Floor Extension to Dwellinghouse.

J Forsyths Fresh Fruit Factory Woodside Street Coatbridge Lanarkshire

38: Kirkshaws (John Gordon)

271 795 663201

CIPLICTW35011JILR

Site History:

The site is covered by policy HG9:Existing Residential Areas in the adopted Monklands District Local Plan 1991, Development Plan:

Contrary to Development Plan: No

Consultations: None

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

Consent is being sought for the erection of an upper floor extension to the detached dwellinghouse addressed as Kirkstyle Cottage, Woodside Street, Coatbridge. The existing dwelling onto which the new build will be attached is single storey in design with attached integral garage which accesses directly onto Woodside Street from an existing in site driveway. The application site is located to the south of the junction of Woodside Street and Kirkshaws Road, opposite Old Monkland Cemetery and directly north of the applicants ongoing Fresh Fruit & Vegetable business premises.

The proposal seeks to retain and build over the existing flat roofed integral garage to provide an additional bedroom with adjacent bathroom within 33.7 sq. metres of new upper floorspace. The new build will incorporate a pitched roof similar to the main building with an extended canopy provided over the existing garage frontage. The new upper area will be accessed internally by means of a new staircase linking with the existing ground floor accommodation. Externally the extension will be finished in roughcast and concrete roof tiles to match the main dwellinghouse.

47

&trial Growd !

“Q 0/7

rkshire Councb

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Planning Application No. C/02/01349/FUL

Erection of Upper Floor Extension to Dwellinghouse

J Forsyths Fresh Fruit Factory, Woodside Street, Coatbridge

Ranning and Ervirmnanl b a d ylrtem

CMBRNI\ULD a7 1m 012366162iO Fax 0173661832

06 LienscLAO9MiL

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48

No objections were received in respect of this proposal. Having regard to the above it is firstly noted that the dwellinghouse is established at this location and the additional floorspace proposed will be confined wholly within the existing footprint of the dwellinghouse. The design of the extension is of an acceptable standard and taken together with the use of sympathetic external materials the new build will, I consider, both complement and enhance the main dwellinghouse. In view of this, I therefore recommend that planning permission is granted subject to the attached conditions.

Recommendation: Approve Subject to the Following Conditions:.



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

Reason: In the interests of amenity of the building

3. That the development shall be carried out strictly in accordance with the plans hereby approved and no change to the design or external finishes shall take place without the prior written approval of the Planning Authority.

Reason: To define the permission.

Background Papers:

Application form and plans received 3rd October 2002


49

C/02/01402/FUL Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


16th October 2002

Craigs of Airdrie 25 Aitken Street Airdrie ML6 6LT

Peter MacLennan 11 Baronshilll Avenue Linlithgow West Lothian EH49 7JQ

Change of Use from Class 1 Shop to Hot Food Takeway

120-124 Stirling Street Airdrie Lanarkshire ML6 OAS

41 : Whinhall (George Devine)

275885665376

AIS7500012000/IJ/LR

The site is covered by policies ECON 9: Secondary Core Areas and ENV 15/3: Conservation Areas in the adopted Monklands District Local Plan 1991.

No


Not Required

Comments:

Consent is being sought for the change of use of a vacant former Class 1 shop (pet shop) to a hot food carry out shop at nos.120-124 Stirling Street, Airdrie. The premises comprises of a two storey building which is located at the junction of Bell Street and Stirling Street from which pedestrian access is taken into the ground floor unit. The upper floor area, which is accessed both internally and externally from Bell Street was until recently used for general storage purposes and will be retained for that purpose as part of the current submission.

While the submission is seeking consent for a change of use to a hot food carry out shop no specific details have been provided at this stage on possible internal layout, fascia alterations, signage, method of dispersal of fumes, smells etc. as the applicant is only seeking to establish the acceptability of the proposed type of commercial operation within this unit. However, planning conditions can require the submission of such details for approval prior to the use becoming operational.

50

~~

&shire Pmduced by

Headquarters

CUMBERNAULD 120-124 Stirling Street, Airdrie

OS Licence LA W041L

Planning Application No. C/02/01402/FUL Change of Use of Class 1 Shop to Hot Food Takeaway a U M I

R.pcdwcd tDmfh.Ordnnrr. P u ~ w m a p p l q w l h h . p n n i . . l a d h . C a t r o l l * d h r M . i r t l .

Unidhons.d r v m d u d a I n f i w r C l a n o w r l g h l m c d may I r d to p m . r u U a (r clvll p o c " d 8 w

Planning and Environment

Sute 501 Fkming House PTrystRoad

G67 I JW M236 616210 Fax 01236 616232 Not to Scale s ~ t ~ . ~ OM ~ ~ ~ ~ ~ e ~ ~ i ~ h t

51 * Representations

Three letters of objection against this proposal, one of which contained 17 signatures, were received, the contents of which will be detailed in the accompanying report.

The application premises is located within an edge of Town Centre location with adjacent uses including commercial, licensed premises, residential, leisure facilities (baths) and petrol filling station. In terms of the adopted Local Plan the subject premises is adjacent to the preferred area for this type of " bad neighbour" commercial use i.e. Secondary (Retail) Core Areas and taking the surrounding range of uses into account I consider that in locational terms the proposed use is acceptable. Having also regard to the fact that the applicant holds control over the upper floor areas of the application premises which would allow for the siting, if required, of any external flue to disperse smells, odours etc. then taking all the foregoing into consideration I consider the proposal acceptable. I therefore recommend that permission is granted for the attached conditions.


1.

2.

3.

4.



That before the development hereby approved starts, full details of all proposed internal and external alterations, including the siting of any external extraction system, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.


For the avoidance of doubt, the permitted use shall not commence until the extraction system approved under the terms of Condition 2 is in place and fully functioning.


That for the avoidance of doubt, the permission hereby granted relates to a change of use only and no external alterations, including the erection of fascia signs, adverts etc. shall take place without the prior written approval of the Planning Authority, including any modifications as may be required.


Background Papers:

Application form and plans received 16th October 2002

Consultation response from the Transportation Section received 28'h November 2002 Consultation response from the Protective Services Section received 25th October 2002

Letter from Alistair F Young Ltd.,Airdrie Autopoint, 1-23 Alexander Street, Airdrie received 29th October 2002. Letter from John Kearney, 11 8 Stirling Street, Airdrie, ML6 OAS received 28th October 2002. Letter from Patrick Burns 8, Signatories, 28B Bell Street, Airdrie received 29th October 2002.


52


REPORT

1.

1 .I

1.2

1.3

2.

2.1

3.

3.1

3.2

4.

4.1

Description of Site and ProDosal

Consent is being sought for the change of use of a vacant former pet shop to a hot food carry out shop at nos.120-124 Stirling Street, Airdrie. The premises contains a commercial unit on the ground floor with storage space in the upper floor. Public access to the ground floor part of the premises is taken directly from the Stirling Street footway while access to the upper floor is gained both internally and from a rear external stairway that accesses directly onto Bell Street.

The premises are located to the west of the town centre and are bounded to the north by residential properties, to the east by commercial properties, to the west by Bell Street and to the south by Stirling Street. The premises front onto a mini roundabout on Stirling Street and lie directly north of the John Smith Swimming Pool.

The proposal is for the change of use of the vacant shop unit to a hot food carry out. No details have been submitted at this stage in terms of internal layout etc. as the applicant is only seeking to establish the acceptability of the proposed use at this location. Planning conditions can require the submission of such details for approval prior to the use becoming operational.

Development Plan

In terms of the adopted Monklands District Local Plan 1991 the site is covered by policies ECON 9: Secondary Core Area and ENV 13/4: Conservation Areas.

Consultations and ReDresentations

Following the standard neighbour notification procedure three letters of objection, one including 17 signatures, were received against this proposal. The basis of the objections are that the proposal would result in increased noise, traffic and activity levels around the location in the evenings which would adversely affect the amenity of the existing adjacent residential properties. Increased litter, sufficient alternative eateries in the town and decrease in value of residential properties have also been raised as points of objection.

The letter accompanying the petition points out that most of the signatories did not receive notification of the proposal. With the exception of one signatory, which the applicant has certified as being notified, none of the other persons were entitled to notification due to the location of their properties in relation to the proposal site. The application was, however advertised in the local press.

Neither the Transportation Section nor the Protective Services Section have raised any objection to the proposal.

Plannina Assessment and Conclusions

This type of application requires to be considered primarily against the terms of the Development Plan and any other material considerations. The adopted Monklands District Local Plan 1991 identifies the site within a Secondary Core Area (ECON 9) where the principle of mixed uses is considered acceptable and where there are already two hot food carry out shops on either side of Stirling Street, both within close proximity to the application premises. The surrounding uses currently include a number of Public Houses, various commercial shop premises along Stirling Street, a flatted residential building adjoining the application premises, a

53

24 hour petrol filling station and a large public swimming pool. While residential properties dominate the area north of the application site, the subject premises is more associated to the surrounding predominantly commercial operations along Stirling Street and is accessed from the Stirling Street frontage by the general public. The prior use of the premises as a pet food shop demonstrates this and therefore while a commercial usage is not in dispute the proposed hot food facility requires to be assessed in terms of acceptability. As highlighted above, there are similar type premises within close proximity to the application site on Stirling Street and the applicant has also confirmed that he has control over the upper floor area of the premises which would allow, if as required under policy COMIO, for the erection of a ventilation duct to adaquately disperse all cooking odours and fumes resulting from the proposed hot food operations. Having regard to this the proposal accords with the principles of the Local Plan.

4.2 While the concerns of the objectors in relation to increased noise, traffic and activity are noted it is considered that with the existing presence of two public houses on the opposite footway of Bell Street and on Stirling Street itself together with a 24 Hour petrol filling station opposite the site on the south side of Stirling Street then any likely increase in both traffic and general noise level created by this proposal would be limited and would impact little on the residential properties along Bell Street. Due to the similarity in hours of operation of hot food outlets and public houses (especially in the evenings) as would be the case at this location if the current application is approved, then I consider that in these circumstances it would most likely result in a very limited increase in persons congregating around the location on Stirling Street for short periods. This would most likely not impact on the residential properties on Bell Street as the application premises has no frontage onto that roadway.

4.3 The Transportation Section has offered no objection to the proposal as existing traffic restrictions along the sites Stirling Street frontage adjacent to the existing mini-roundabout will deter any short term parking associated with persons using the proposed hot food shop. The Protective Services section is also satisfied that subject to the compliance of the internal layout (including any requirement for a ventilation duct) with their requirements then they would not offer an objection to the proposal.

4.4 While having regard to the concerns of the residents I consider that the proposal is an acceptable form of development when considered against the relevant Local Plan policies i.e. ECON 9 and COM 10 and as such is an appropriate use within a predominantly commercial area adjacent to Airdrie Town Centre. I therefore recommend that permission is approved subject to the attached conditions.

54

Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Develop men t Plan :


Consultations:

Representations:


C/02/01421/OUT

21 st October 2002

McGregor McMahon & Assoc. Ltd Castle Court Carnegie Campus Dunfermline Fife K Y l l 8PB

Erection of Residential Development (In Outline)

48 Main Street Caldercruix Airdrie Lanarkshire ML6 7RF

46: Plains And Caldercruix (Thomas Morgan)

282041.667632

C/PL/CCM0300488000/1 J/LR

C/97/496/OUT - Outline planning permission was granted fo residential development on the lgth Nov.1998.

The site is covered by policies HG9:Existing Residential Areas and HG3/26:New Private Sector Housing in the adopted Monklands District Local Plan 1991.

No

The Coal Authority S.E.P.A.(West) British Gas Transco Scottish Power Scottish Water


Not Required

(No objections) (No objections) (No objections) (No objections) (No objections)

Comments:

Consent is being sought to renew outline consent Ref: 97/496/OUT for the erection of a private housing development on ground on the south side of Main Street, Caldercruix and directly north of the North Calder Water which forms the site's southern boundary. The site primarily comprises open grassed fields which are periodically used for grazing purposes and which slope downwards towards the burn. A dismantled railwayline which now accommodates a section of the Glasgow to Edinburgh Cyclepath forms the north eastern boundary to the site while a small private housing estate forms its north western boundary. No specific details have been submitted at this outline stage as these would be considered as part of any subsequent reserved matters application should this present submission be approved. One letter of objection has been received against this proposal, the contents of

55

I Q *--

Planning Application No. C/02/01421/OUT Erection of Residential Development (In Outline)

48 Main Street, Caldercruix, Airdrie * Representation fl

N

Not to Scale

rkshire Councl

3 6

which are detailed in the accompanying report.

This application has been submitted essentially to renew a previous outline consent that lapsed on the 19th November 2001 following the non compliance with Condition 3 of that notice which required the submission of a reserved matters application within 3 years of the date of that permission. No such application was received within the required timescale.

In terms of the adopted Local Plan the application site is predominantly located within an area identified for private housing purposes (Policy HG3/26) and the site itself has a history of previous planning permissions dating back to the early 1980's for similar type private residential development (in outline) although none of those consents have been taken forward to a detailed stage. The provisions of the Local Plan remain favourable to the development of this site for private residential purposes and while consideration has been given to the various points of objection against the proposal, I consider the application acceptable at this location and I recommend that the application is approved subject to the attached conditions.


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


2. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other

(b) (c) (d) (e) (f) (9)

(h) (i) (j) (k) the disposal of sewage; (I) (m)

structures; the means of access to the site; the layout of the site, including all roads, footways, and parking areas; the provision of equipped play areas; the provision of public open space; the details of, and timetable for, the hard and soft landscaping of the site; details for management and maintenance of the areas identified in (d),(e) and (f) above; the design and location of all boundary walls and fences; the phasing of the development; the provision of drainage works;

details of existing trees, shrubs and hedgerows to be retained; details of existing and proposed site levels.


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


57

4. That no part of the development shall exceed 2 storeys in height and the dwellinghouses shall all have traditional double pitched roofs.

Reason: In the interests of amenity of the area.

5. Notwithstanding the requirements of condition 2 above, access to the site shall be from Main Street.


6. Notwithstanding the requirements of condition 2(j) above, before the 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 to, and approved in writing by the Planning Authority, and for the avoidance of doubt the scheme shall comply with the principles of Sustainable Urban Drainage Systems (SUDS).


Background Papers:

Application form and plans received 21st October 2002

Letter from The Coal Authority received 30th October 2002 Letter from S.E.P.A.(West) received 18th November 2002 Letter from British Gas Transco received 7th November 2002 Letter from Scottish Power received 30th October 2002 Letter from Scottish Water received 21 st November 2002

Letter from Mr & Mrs Davidson, 2 Church Place, Caldercruix, ML6 7RG received 8th November 2002.


58

APPLICATION NO. C/02/01421/OUT

REPORT

1.

1.1

1.2

2.

2.1

3.

3.1

3.2

3.3

4.

4.1

4.2


The application site comprises of approximately 3.2 hectares of vacant, grassed land which is periodically used for general grazing purposes. The site is located on the south side of Main Street, Caldercruix from which vehicular access to the site would require to be taken. A dismantled railway line, which now forms part of the Glasgow to Edinburgh Cyclepath forms the northern eastern boundary of the site and the existing small housing developments including Limelands Quadrant and Church Place form the sites north western boundary. The North Calder Water burn forms the southern boundary to the application site.

The application is for outline consent for the erection of a private residential development on the lands bounded red on the submitted drawing. No details on possible site layout, house types etc. have been submitted at this outline stage as these matters would be considered as part of any subsequent reserved matters application should the present submission be approved. The only known factor at this time is that vehicular access to the application site will most likely be taken from a point on Main Street south of the dismantled railway and adjacent to the dwellinghouse known as “Limelands”.

Development Plan

The site is covered by policies HG3/26: New Private Sector Housing and HG9: Existing Residential Areas in the adopted Monklands District Local Plan 1991,


Following the standard neighbour notification procedures one letter of objection was received against this proposal. The basis of that objection is that the proposal would have an adverse effect on the wildlife that inhabits the area, would increase traffic congestion on Main Street, would result in increased noise levels during construction works and would result in loss of natural light to adjoining buildings.

The Transportation Section has not objected to the proposal subject to the provision of satisfactory site access arrangements.

None of the statutory consultees offered any objection to the proposal although SEPA advised that they would wish to be consulted on any SUDS proposals submitted at a reserved matters application stage.


This outline application, like the previous similar type applications submitted for this same site, requires to be considered against both the Development Plan and any material considerations.

In terms of the adopted Monklands District Local Plan 1991 the main part of the site is located within an area designated specifically for private housing purposes under policy HG3/26 and therefore the proposal as submitted accords with the provisions of the approved plan. The western part of the site, located directly to the south of the

59

existing dwellinghouses on Limelands Quadrant and Church Place, is designated for general residential use under policy HG9 and while it is debatable whether that part of the site could physically and economically be physically developed, its inclusion within the larger (application) site is seen as logical in forming a clear boundary to the application site.

4.3 The main constraints to the development of this site are seen as the proposed point of vehicular access and the potential impact of any development on traffic movement in both the vicinity of the site and on Main Street itself. In respect of traffic movement, such concerns were previously highlighted during consideration of previous planning application (ref:97/496/OUT) at which time a Traffic Impact Analysis was requested and subsequently submitted. An assessment of that T.I.A. concluded that the additional demands on the local road network were acceptable. The Transportation Section are also satisfied that, in respect of the current proposal, appropriate arrangements can be incorporated within any subsequent reserved matters application to accommodate an acceptable vehicular access into the site. Conditions requiring the incorporation of the Transportation Sections requirements will be included in any planning consent.

4.4 There is no evidence to show that the application site serves anything more than as a periodic grazing area to local animals and it is doubtful if the sites development would impact on the presence or habits of any local wildlife within the general area. The application is only in outline and therefore matters such as loss of natural light, increased noise levels during construction etc. are more appropriately considered at any subsequent reserved matters stage.

4.5 Having regard to the foregoing I consider that the proposal accords with the provisions of the Local Plan which identifies the site specifically for private housing purposes as proposed under the present submission. I am also satisfied that such a proposal would have no adverse effect on road safety within Caldercruix itself and that the objectors concerns do not raise any significant material issues that would affect my recommendation to grant planning permission subject to the attached conditions.

60

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


C/02/01477/FUL

1 st November 2002

Mr & Mrs Paul 41 Tummel Drive Aird rie ML6 6SE

John Angus Architects 7 Victoria Place Airdrie ML6 9BU

Side Extension to Dwellinghouse

41 Tummel Drive Airdrie Lanarkshire ML6 6SE

42: Academy (James McGuigan JP)

275503.666838.

C/PL/ AIT870041 /LM/LR

The property is covered by the residential policies of the Monklands District Local Plan 1991.

No


Not Required

Comments:

This application seeks permission for the erection of a two-storey side extension to accommodate an additional bedroom and bathroom on the first floor and a car port at ground level that will still allow access to the existing garage at the rear of the property.

Following the submission of the application one letter of objection was received from the resident of the property to the north of the application site, 43 Tummel Drive. The reasons for the objection were on grounds of the extension's proximity to their property during and after construction, loss of sunlight and effect on property value.

In relation to the proximity of the extension to the neighbouring property, the distance between the two properties is currently 4.8 metres and this would be reduced to 1.6 metres. However the carport at ground level will not be enclosed by continuous brickwork and will be open plan. As for the safety of the extension during and after construction this is a matter for the contractor to address in terms of the

61

PIANNING APPLICATION C/02/01477/FUL North Lanarkshire Planning and Environment Municipal Buildings KiUonan Street COATBRIDGE ML5 3LN

Telephone01236 812222 Not to scale Fax 01236 431068 OS Lcence LA 09041L

SIDE EXTENSION TO DWELLINGHOUSE AT 41 TUMMEL DRIVE, AlRDRlE * REPRESENTATION

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n. p a r m i l o n 01 m. ~ n t r m r oi mer^ .WV s

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Health and Safety Legislation.

Regarding the loss of sunlight, due to the orientation of the properties No. 43 Tummel Drive will experience very little loss of sunlight as the extension will not protrude further than the original house and the only opening on the south elevation of no.43 is one small hall window.

The effect on property value is not a material consideration.

The main consideration in assessing this application is how the proposed extension will impact on the surrounding residential area in terms of amenity. No objection was received from the Transportation Section so there are no concerns in relation to road safety. It is considered overall that the proposal will not be sufficiently detrimental to amenity to justify refusing planning permission. Notwithstanding the concerns raised by the objector it is recommended that the planning permission is granted.

Recommendation: Grant Subject to the Following Conditions:.




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

Background Papers:

Application form and plans received 1st November 2002

Memo from Transportation Section received 18th November 2002

Letter from Alison Reilly, 43 Tummel Drive, Airdrie, ML6 6SE received 14th November 2002.

Any person wishing to inspect these documents should contact Leigh Menzies at 01236 812375.

63

Application No:

Date Registered:

Ap pl ica n t :

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


S/99/01664/ENV

23rd December 1999

Tarmac Heavy Building Materials Ltd Millfields Road Ettingshall Wolverhampton

Tarmac Quarry Products Ltd Loaninghill Broxburn EH52 5NT

Determination of Conditions Under the Review of Old Mineral Planning Permissions

Blairhill Quarry Bathgate

20: Benhar (Charles Cefferty)

288763665923

SIPLIBII 711 8ILK

Quarry has operated since 1926 Planning permission granted 1968 (application ref. No. P/M/67/1189) for further quarrying operations.

The site is covered by Countryside Policies within the Southern Area Local Plan Finalised Draft (Modified 2001)

No

SEPA East (No objection) Scottish Natural Heritage (Comments) West Lothian Council (Objection) West Of Scotland Archaeology Service (No objection) Sustrans (Comments)

2 letters of Representation

3rd March 2000

Comments:

This application is for the determination of new planning conditions under the terms of the Environment Act 1995 for the quarrying operations at Blairhill Quarry near Blackridge. This requires that older planning permissions (which normally contain very few conditions) be updated to modern standards to regulate the operation of the site and subsequent restoration works.

Objections have been submitted by the Local Member for the area (Cllr. Cefferty), Blackridge Community Council and West Lothian Council. Following discussions with the applicant, alterations were made to the proposed conditions to take account of the concerns of the Department, consultees

64

Planning Application No. S/99/01664/ENV Determination of Conditions Under the Review of Old Mineral Planning Permissions Blairhill Quarry, Bathgate

Representa~ons received from Councillor Cefferty and Blackridge Community Council

65

and objectors. However, some of the suggestions made by objectors (including the imposition of controls within the West Lothian Council area) are considered to be outwith the remit of this application and others considered unreasonable.

I am satisfied that the new set of planning conditions as agreed with the applicant will ensure that future workings and the eventual restoration of the site will be carried out to modern standards. Further details of the proposed conditions and the aforementioned objections representations can be found within the attached report.

Recommendation: Agree Subject to the Following Conditions:-

That extraction works shall cease no later than February 2042.

Reason: To accord with the provisions of the Town and Country Planning (Minerals) Act 1981.

That 6 months prior to the re-commencement of operations on this site the following details, based on the most up-to-date legislation, guidance, advice, best practice and codes of conduct in publication or adopted at the time of the submission, shall be submitted to, and approved by, the Planning Authority:-

a full assessment of soils on site, proposals for soil handling and storage and plans illustrating the location and height of any soil bunds;

details of all perimeter fencing, additional fencing around the working area and associated warning signs, as well as a scheme of regular monitoring and repair;

a blast action plan including a full monitoring scheme to assess the off-site effects of blasting;

a noise assessment including a full assessment of off-site noise generated by plant, machinery and lorries operating with the site;

a dust assessment and monitoring scheme including the methods to be used in dealing with the propagation of airborne dust;

a water action plan including details of the location and extent of any settling ponds to be constructed and the methods by which water will be discharged from the site;

a landscaping scheme for works around the perimeter of the quarry, including details of all earth moulding, grass seeding, tree and shrub planting;

the location of all plant and machinery, fixed or otherwise, buildings and other structures required for the resumed operation, and

an indicative restoration and aftercare plan including details of proposed adaptions required should the quarry become abandoned prior to the completion of excavations

Reason: To ensure the timeous submission of all necessary details in the interests of protecting the amenity of nearby residents and communities.

That, notwithstanding the details required in condition (2) above, and unless otherwise agreed in writing with the Planning Authority, the quarry shall be operated in accordance with the statement and plans hereby approved.

66

Reason: In accordance with submitted details.

Time Limits

That, notwithstanding the requirements of condition (2) above, and unless otherwise authorised in writing by the Planning Authority, the operations of the quarry shall be restricted to the following times:-

Site Preparation: which for the avoidance of doubt includes soil stripping, face preparation and drilling: -

Monday to Friday 0700hrs - 1800hrs Saturday 0800hrs - 1300hrs Sunday No preparation

Stone Preparation : which for the avoidance of doubt includes rock excavations, rock splitting and transportation of rock to fixed quarry plant:-

Monday to Friday 0700hrs - 1800hrs Saturday 0800hrs - 1300hrs Sunday 1 OOOhrs - 1300hrs

Crushing and Screening:-

Monday to Friday 0700hrs - 1800hrs Saturday 0800hrs - 1300hrs Sunday 1 OOOhrs - 1300hrs

Sales:-

Monday to Friday 0800hrs - 1700hrs Saturday 0900hrs - 1300hrs Sunday No sales

Reason: To define the terms of the permission and to protect the amenity of nearby residents and com m un ities.

Blasting

(5) That, notwithstanding the details required in condition (2) above, blasting shall only be carried out at the following times:-

Monday to Friday Saturday No blasting Sunday No blasting

1 OOOhrs - 1600hrs

Reason: To define the terms of the permission and to protect the amenity of nearby residents and communities.

6. That, notwithstanding the details required in condition (2) above, an appropriate warning shall be given prior to any blast.

Reason: To define the permission and to in the interests of the safety and amenity of nearby

67

residents and communities.

7.

8.

9.

That, notwithstanding the details required in condition (2) above, blasting operations shall be carried out so that no component of peak particle velocity attributable to any blast, measured at any noise sensitive property exceeds 6mm/sec in 95% of all blasts measured over any 12 month period.

Reason: To define the permission and in the interests of the safety and amenity of nearby residents and com m u n ities.

That all blasts shall be monitored and records shall be maintained so that the measurement of peak particle velocity as restricted in terms of condition (7) above can be identified and these records shall be made available for inspection by any interested party during office hours at the quarry and vibrograph analysis charts shall be submitted to the Planning Authority on a monthly basis in accordance with the Blast Action Plan referred to in condition (2) above

Reason: To define the permission.

That, notwithstanding the details required in condition (2) above, the operator shall employ best blasting design and practice at all times to minimise the effects of ground vibration and air blast overpressure having regard to prevailing weather conditions.

Reason: To define the terms of the permission in the interests of the safety and amenity of nearby residents and communities.

Soil Stritmane and Storaae, etc

10.

11.

12.

That, notwithstanding the details required in condition (2) above, no topsoil or subsoil shall be removed from the site at any time, and no refuse, or bulk material shall be imported to the site for any purpose at any time without the prior written approval of the Planning Authority.

Reason: In the interests of sound soils management.

That, notwithstanding the details required in condition (2) above, at least 48 hours' notice shall be given to the Planning Authority before any soil stripping commences.

Reason: To allow the Planning Authority the opportunity to assess the suitability of weather and ground conditions.

That, notwithstanding the details required in condition (2) above, no movement of soil shall take place except when the full depth of the soil to be stripped, or otherwise transported, is in a suitably dry soil moisture condition, and conditions are sufficiently dry for topsoil to be separated from the subsoil, which shall thereafter be stored in separate mounds.

Reason: In the interest of sound soils management.

Environmental Protection

13. That, notwithstanding the details required in condition (3) above, at all times during the carrying

68

out of operations authorised or required by this permission, a water bowser (and towing vehicle), both in working order, shall be retained on-site for use in the event of dust nuisance problems within the site, to the satisfaction of the Planning Authority.

Reason: To define the terms of the permission and to protect the amenity of nearby residents and communities.

14. That all loaded vehicles leaving the site shall be fully covered by haps or sheets in accordance with the most up-to-date legislation, guidance, advice, best practice and codes of conduct in publication at the time of the commencement of operations on the site.

Reason: In the interest of road safety and to protect the amenity of nearby residents and com m uni ties.

15. That all loads shall be trimmed prior to leaving the site in order to avoid any spillage of stone on public roads.

Reason: In the interest of road safety and to protect the amenity of nearby residents and communities.

16. That any refuelling area or fuel tanks which may be required in connection with the quarrying operations shall be sited in accordance with the most up-to-date requirements of SEPA or the relevant pollution control authority and to the satisfaction of the Planning Authority.

Reason: To prevent the pollution of the site and surrounding watercourses.

17. That before any extraction works recommence on site, a report of survey shall be submitted to the Planning Authority by a suitably qualified person following survey of the area to ascertain if there are any habitats of species that receive statutory protection. The report should include details of what reasonably practicable measures will be employed to ensure that any such habitats are not adversely affected by the proposed development.

Reason: To ensure the identification and protection of any protected species.

18. That, notwithstanding the details required in condition (3) above, measures shall be taken to ensure that drainage from areas adjoining the site is not impaired or rendered less efficient by the operations hereby permitted, and adequate precautions shall be taken to prevent the pollution of ditches, watercourses and drains within and adjacent to the site to the satisfaction of SEPA or the relevant pollution control authority.

Reason: In the interest of sound soils management.

19. That, notwithstanding the requirements of condition (2) above, the applicant shall employ all precautions to minimise noise from vehicles and machinery and, in particular, efficient silencers shall be fitted to, and used by, all vehicles, plant and machinery on-site.

Reason: To protect the amenity of nearby residents and communities.

20. That, notwithstanding the details required in condition (2) above, all earthhock moving plant within the site shall be fitted with upturned exhausts and shall be maintained to minimise noise

69

emissions to the satisfaction of the Planning Authority.

Reason: In the interests of protecting the amenity of nearby residents and communities.

21. That all site lighting shall be located to minimise its impact beyond on the site boundaries to the satisfaction of the Planning Authority.

Reason: In the interests of protecting the amenity of nearby residents and communities.

Restoration and Aftercare

That the restoration of the site shall, as far as is reasonably practicable, proceed concurrently with the work of excavation and in accordance with the restoration plan submitted and approved under the terms of condition (2) above.

Reason: In accordance with submitted details and to ensure the timeous implementation of the restoration scheme in the interests of the amenity and character of the site and the surrounding area.

That, notwithstanding the details required in condition (2) above, and for the avoidance of doubt, the restoration plan shall include:-

the removal of all plant and fixtures including the destruction of any protruding foundations;

the assessment and treatment as necessary of all faces such that they are left in a safe and stable condition;

the final quarry floor to be left free-draining or with an otherwise satisfactory water management and drainage arrangement;

the proper use of soils available on the site and any requirement for imported soils and other materials required for ground treatment;

the assessment, planting and regeneration of appropriate areas within the site, and

a 10 year scheme for the aftercare and management of the site.

Reason: To define the permission and to protect the amenity of the area.

General

24. That, from the re-commencement of the operations to the completion of the restoration works, a copy of these conditions, including all the documents hereby approved, and any other document subsequently approved in accordance with these conditions, shall always be available for inspection at the quarry office during normal working hours.

Reason: To facilitate the effective monitoring of the site by the Planning Authority.

25. That, if by reason of any circumstances not foreseen by the applicant, if becomes necessary or expedient during the continuance of the operations hereby approved to amend or abandon, to a material extent, any of the provisions contained in the various documents comprising the

70

statement of intent, the applicant shall forthwith submit for the consideration of the Planning Authority an amended application and statement of declared intent, but shall adhere to, and comply with, the present conditions until the amended application and statement of declared intent have been approved.

Reason: In order that the Planning Authority can maintain effective control over operations within the site.

26. That, outwith the permitted weekday working hours as specified in condition (4) above, the noise levels produced by any maintenance works shall not be audible at any of the agreed noise sensitive properties to the satisfaction of the Planning Authority.


27. That, within one year of the cessation of operations or abandonment of the site, all plant and machinery, buildings and other structures shall be removed from the site which shall be restored in accordance with the approved restoration plan.


Background Papers:

Application form and plans received 23rd December 1999 Memorandum from Protective Services Section dated 26 January 2000 Letter from SEPA East received 26th January 2000 Letter from Scottish Natural Heritage received 11 th February 2000 Letter from West Lothian Council received 19th May 2000 Letter from Councillor Charles Cefferty received 28th February 2000 Letter from West Of Scotland Archaeology Service received 2nd February 2000 Letter from Sustrans received 29th February 2000 Letter from Blackridge Community Council, C/o Clark Steele, Home Cottage, Main Street, Blackridge, West Lothian, EH48 3SH, received 23rd February 2000.

Any person wishing to inspect these documents should contact Lindsay Kellock at 01236 812379.

71

APPLICATION NO. S/99/01664/ENV

REPORT

1.

1 .I

1.2

1.3

1.4

1.5

2.

2.1

3.

DescriDtion of Site and ProDosal

Quarrying at Blairhill first started in 1926, and planning permission was granted in 1968 for further workings subject to 9 conditions (ref. No. P/M/67/1189). The site operated continuously until 1989, and since then it has operated on an occasional basis as and when required. At the time of writing this report, the quarry was dormant with no expectation of works recommencing in the short term.

This application is for the determination of new planning conditions to replace those imposed under the 1968 permission. This is a requirement of Section 74 (Schedule 9) of the Town and Country Planning (Scotland) Act 1997 to ensure that old mineral planning permissions are updated by the imposition of new and modern planning conditions covering working practices and restoration. It is important to note that the remit of this application is merely to examine and control the detail of how the site is to be worked and restored, and it cannot be used to question the principle of the operation. The emphasis is such instances is on the Council and the operator to reach agreement whenever possible. Where the Council issues new conditions contrary to the wishes of the operator, the operator has the opportunity of claiming costs against the Council for any loss of value of the site associated with the conditions.

The north-most part of the site is situated around 620 metres to the south west of the village of Blackridge but the village is at least 11 50 metres from the working face. The site is accessed from the A89 via a 1000m long lane which is within the boundary of West Lothian Council. The AirdrielBathgate cycle route traverses this lane. Immediately surrounding the site are areas of agricultural grazing land, uncultivated grassland and marshy areas. Bogend Farm is within 200 metres of the quarry to the west and Blairmuckhole farm lies 300 metres to the south.

The remaining 9.0 million tonnes or reserves at the site would be won by traditional drilling and blasting techniques. The operator cannot estimate the time taken to remove these reserves due to variations in demand, but the relevant regulations allows the site to continue until 2042. The operator has access to further reserves next to the existing site but this would have to be the subject of a full planning permission. It is expected that the applicant will bring forward such an application before the date of the next review of planning conditions in 15 years time. When the site is operating, the rock would be processed using crushing and screening machinery on site with the possible use of a coating plant to allow the product to be used in road construction. Most traffic leaving the site would use M8 motorway either via Airdrie to the west or Bathgate to the east. Another available option is to travel to junction 5 of the M8 via Blackridge and Harthill although this is recognised as being the least preferred option.

As part of this submission, the operator submitted 25 conditions which were then the basis of comment and discussion by interested parties. Taking into consideration the comments of this Department and the other interested parties, the operator submitted a revised set of conditions (numbering 27) as attached.

DeveloDment Plan

The site is covered by policy ENV8 (Countryside Around Towns) within the Southern Area Local Plan Finalised Draft (Modified June 2001). The local plan also has policies specifically related to new hard rock quarry operations. These policies assist in the assessment of new developments and are not relevant to the review of old mineral planning permissions.


72

3.1 The local member for the area, Cllr. Cefferty, has objected to the proposal on the basis that when operational, the traffic from the site can be routed through Harthill which is unacceptable, particularly bearing in mind the decision by the Council and the Scottish Executive to refuse planning permission for opencast operations at Wester Torrance for, amongst other reasons, the impact of lorry traffic on the village.

Blackridge Community Council has objected to the conditions on the basis that: 3.2

The use of mobile plant will be the cause of greater traffic through Blackridge and will be subject of lesser standards of noise and dust suppression.

The starting time during the week should be 0800hrs (not 0700hrs as proposed) with no working at weekends.

A new access road should be created to the south (over land owned by the operator) allowing access onto the M8 via the Blairmuckhole Farm road and the B7066 thus avoiding surrounding communities. Failing that, other improvements should be made to the access lane including resurfacing in tarmac

Proposed conditions allow for access improvements within 2 years of the quarry re-opening. This time scale is unacceptable

The development is in conflict with cyclists using the Airdrie/Bathgate cycle route

In view of the death of a young villager at the quarry 1992, proper fencing should be created around the site

Maximum noise levels should be established and monitored

Proper dust and monitoring equipment should be installed

The proposed conditions allow for a landscape plan to be created 18 months after works recommence and this timescale is unacceptable

3.3 SEPA has no objections in principle to the proposed conditions subject to the following provisos:

0 Any discharge from wheel-wash facilities should be to the satisfaction of SEPA

0 Drainage from the access road should be designed to prevent pollution of watercourses

0 Certain processes including screening and coating are subject to separate SEPA approvals

0 Any aftercare and restoration scheme must not based on an assumption that the scheme would be achieved through landfill

3.4 The Protective Services Section has made the following comments:

0 The proposed condition relating to the monitoring of fencing and warning signage should be more specific, although it is acknowledged that existing fencing appears to have served its purpose.

0 Noise and vibration from the site in the past did not meet current guidelines and this should be reviewed. As such, the operator should carry out a noise survey to assess the noise which will arise at nearby properties

73

3.5

3.6

3.7

3.8

3.9

4.

4.1

4.2

West Lothian Council objects to the conditions proposed by the operator. In particular, the Council considers that insufficient information has been provided in order to address concerns about potential detrimental impacts from noise, dust, and lorry traffic associated with the development. It has asked that the following matters be considered:

0 A noise assessment should be carried out to ensure that no noise nuisance would arise from operations on site or from lorry traffic

0 A scheme of real-time dust monitoring is required

0 Further details of traffic levels and routing is required. The traffic impact should take account of other sources of lorry traffic including Hillend and Cairneyhill quarries. Also, a maximum number of vehicle numbers should be stated and a safe crossing facility provided where the access lane crosses the cycle path. Notwithstanding the above, the possibility of creating a new access road to the south (also as suggested by the Blackridge Community Council) should be investigated.

0 A landscaping scheme should be developed as soon as possible

In addition to the above, the Council has made some minor comments on some of the proposed conditions.

'Sustrans' (the body responsible for the construction and maintenance of the cycle path) has no objection subject to the following:

0 appropriate safety measures should be in place at the crossing point between the haul route and the cycle path

0 access onto the haul route should be restricted to prevent illegal dumping

0 enhanced landscaping should be created between the cycle path and the site

0 the regular cleaning of the haul route at the cycle path should be undertaken

0 provision of public art should be considered

SNH has no objections in principle to the proposed conditions subject to consultation in the future on the proposed restoration and aftercare plan. However, it requests that the operator should investigate the possibility of protected species within the site before extraction recommences,

NLC Community Services has commented on the need for proper restoration and aftercare plans being prepared.

West of Scotland Archaeology Trust has no comment on the proposals


Following receipt of the above representations and consultation responses, and assessment of the proposed conditions by the Department, dialogue was entered into with the operator to discuss appropriate amendments to the proposal and this resulted in a set of conditions acceptable to both parties.

On the matter of access and lorry routing to the site, West Lothian Council, Blackridge Community Council and Sustrans have all made a variety of comments relating to possible improvements to the area in and around the existing access road. However, this land is within

74

the boundary of West Lothian Council and it is my opinion that the imposition of conditions by North Lanarkshire Council within this area would not be proper. However, Tarmac has agreed to carry out some improvements to the access road, access point and the junction with the cycle path. These are outwith the remit of this application but would be attached to any permission as an advice note.

4.3 In terms of lorry routing (raised by Councillor Cefferty) the options available to the operator and the Planning Authority are limited. Whilst it is noted that traffic will often travel through Harthill towards junction 5 of the M8, there is no obvious and preferable route available. It has been suggested that a new access road could be constructed from the site southwards towards junction 5 thus avoiding Harthill. However, the cost of such works (likely be met by the Council: see paragraph 1.2 above) is considered excessive and the scheme unviable.

4.4 The hours of operation as originally suggested by the operator allowed for the working from 700hrs (seven days a week) until 1900hrs (Monday to Friday) and until 1600hrs (weekends). Following further discussions with the operator, the proposed working hours have been reduced and refined as set out in condition 4 attached. In particular, the new condition precludes all site preparation working on Sundays and on Saturdays after 1300hrs and any operations after 1800hrs weekdays or 1300hrs at the weekend. Given that in the past the site had no limits on hours of operation, I believe that these new restrictions will allow for a significant improvement to the amenity of those who live close to the site.

4.5 Consultees and objectors (including West Lothian Council, Blackridge Community Council and the Protective Services Section) have suggested that information is lacking on several issues including noise, dust and blasting assessment. Proposed condition no. 2 (see attached) sets out an extensive list of additional information to be submitted and assessed before any workings recommence on site. The list includes a blast action plan, noise assessment, dust assessment, water management action plan and a restoration and aftercare scheme (including landscaping). This additional information would be the subject of further consultation.

4.6 The issue of safety at any quarry is clearly of paramount concern, but all the more so at this site given the death of a young child at the site in 1992. The Protective Services Section has noted that the existing fencing (some of which has been erected since the time of the fatal accident) appears acceptable but that a more specific condition on monitoring is required. This concern has been reflected in the revised wording of the relevant condition (see condition no. 2b). It should be noted that whilst the quarry is dormant, the quarry is inspected on a monthly basis by Tarmac’s local manager and every 6 months in more detail by their Health and Safety Officer.

4.7 Details of restoration and aftercare are very sketchy at present, which is understandable given that the site could be working until 2042. Further details will be required before extraction works cease, and in any case this (and other conditions) will be the basis of further review in 15 years. SNH are satisfied with this arrangement, and their requirement for a report into protected species is reflected in revised condition no. 17. The comments of SEPA are also noted and their comments will be addressed either within proposed condition no. 2 (request for water management scheme, amongst other things) and an advisory note to the operator reminding them of the need to seek further consents from SEPA.

4.8 In conclusion, I am satisfied that the attached list of conditions will allow for the imposition of a modern list of planning conditions allowing for the adequate control of environmental impacts during operations and the imposition of a satisfactory restoration and aftercare scheme. I have attempted to incorporate comments made by consultees and objectors but have been unable to accommodate those concerns which were considered to be unreasonable (e.g. the construction of a new access road) or outwith the remit of this application (i.e. control of operations within West Lothian). I would therefore recommend that the attached list of new conditions be approved.

75

S/01/01191/OUT Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


Comments:

14th September 2001

T Young Limited Engineers Wishaw Low Road Cleland MLI 5QU

Mr A P Andrews 'High ban k' Lanark Road Crossford ML8 5RE

Residential Development (In Outline)

Land To West Of Sunnyside Nursery, Wishaw High Road, CI eland, Motherwel I

19: Cleland (James Martin)

279896657661

S/PL/B/4/25(135)/PW/M J

No significant site history on most of the site. Portion of site on Wishaw Low Road used as a factory.

Glasgow and Clyde Valley Joint Structure Plan 2000 Strategic Policies 1, 9 and 10 Central Industrial Area Part Development Plan - Green Belt Zone and Existing and Proposed Area for Industrial Development Southern Area Local Plan, Finalised Draft (Modified 2001) - Policy ENV6 (Green Belt) and IND 8 (Established Industrial and Business Area)

Yes

NLC Community Services (Objection) Scottish Water (Conditions)

The Coal Authority (Cond it ions)

British Gas Transco (Conditions) Scottish Natural Heritage (No objections)

Central Scotland Countryside Trust West Of Scotland Archaeology Service (Conditions)

S.E.P.A.(West) (No reply)

British Telecom (No reply)

Scottish Power (No reply) (No reply)


28th September 2002

The applicant seeks planning permission for residential development, in outline, on three parcels of land on the southeastern fringes of Cleland. Indicative plans show 80 house plots, with associated play areas, structured tree planting/landscaping and a 0.5 hectare area for housing association units. The

76

greater part of the site lies within the Green Belt. Five letters of objection have been received including one from the local member, Councillor James Martin. My comments and observations are detailed in the attached report and it is recommended that planning permission be refused. Should Committee be minded to grant consent, the proposal would have to be referred to the Scottish Ministers on the basis that the proposal is contrary to the development plan. It should also be noted that the applicant has formally requested a site visit and hearing.

Recommendation: Refuse for the Following Reasons:.

1. That the proposal is contrary to Strategic Policy 1 in the Glasgow and Clyde Valley Joint Structure Plan 2000, the land use zoning of the Central Area Part Development Plan and Policy ENV6 of the Southern Area Local Plan Finalised Draft (Modified 2001), in that the vast majority of the proposed development would constitute unacceptable development in the Green Belt.

2. That the proposed development is contrary to Strategic Policies 9 and 10 in the Glasgow and Clyde Valley Joint Structure Plan 2000, in that insufficient justification has been provided for the release of those parts of the site located within the Green Belt.

That the proposed development is contrary to Policy HSG12 in the Southern Area Local Plan Finalised Draft (Modified 2001 ), in that the proposed dwellings are not replacement dwellings and there is no operational need for them in terms of Policy ENV 6 and 8.

3.

NOTE TO COMMITTEE

If granted this application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.

Background Papers:

Application form and plans received 14th September 2001 Letter from applicant dated 20/08/01 Glasgow and Clyde Valley Joint Structure Plan 2000 Central Industrial Area Part Development Plan Southern Area Local Plan, Finalised Draft, (Modified 2001) Letter from Transco, dated 01/10/01 Letter from Coal Authority, dated 03/10/01 Letter from Scottish Water, dated 10/10/01 Letter from Scottish Natural Heritage, dated 1211 0101 Memo from NLC Community Services, dated 22/10/01 Letter from West of Scotland Archaeology Service, dated 0211 1/01 Letter from Mr and Mrs J Moore, 8 Logan Gardens, Cleland, ML1 5RN received 26th September 2001. Letter from RS and JB Baigrie, 10 Logan Gardens, Cleland, MLI 5RN received 25th September 2001. Letter from Mr and Mrs T Dick, 6 Logan Gardens, Cleland, MLI 5RN received 25th September 2001. Letter from Mr and Mrs D Nimmo, 51 Wishaw High Road, Cleland, MLI 5LL received 12th October 2001. Letter from Councillor James Martin J P, North Lanarkshire Council, PO Box 14, Civic Centre, Motherwell, MLI 1 TW received 26th October 2001. Letter from Mr A P Andrews (Agent) dated 0811 0102 Copy of letter from Director of Community Services dated 19/08/02

Any person wishing to inspect these documents should contact Paul Williams at 01698 302091.

78

APPLICATION NO. S/O1/01 I91/OUT

REPORT

1.

1 .I

1.2

1.3

1.4

1.5

1.6

2.

2.1


The applicant seeks planning permission for residential development in outline, on three distinct areas of ground adjacent to the southeastern part of Cleland. Site A is located south of Wishaw High Road covering an area of 11 hectares. Site B is located to the north of Wishaw High Road, between postal numbers 11 and 51, and extends to 2 hectares. Site C is much smaller and is the site of the applicant‘s existing business premises. It is located off Wishaw Low Road and covers 0.4 hectares.

The submitted plans show a plotted housing layout incorporating 80 separate plots, associated play areas and structured tree planting/ landscaping. Members may recall that this application was originally scheduled to be presented at Committee on 12/12/01, it was however withdrawn from Committee to enable the applicant to revise the scheme. The applicant withdrew the application in order to address the concerns of Scottish Natural Heritage, as the southwestern section of site A forms parts of the Ravenscraig and Coltness woodlands site of importance for nature conservation which has been identified as a potential local Nature Reserve in the emerging local plan, policy 14.4. The revised scheme has removed any proposed housing from this part of site A.

The applicant has consulted with the councils Director of Community Services with a view to providing some form of local community sports facility as part of the scheme. The Director of Community Services has expressed support in principle for this and the applicant has stated that they will provide a centrally located sports facility and fund 20 years maintenance cost.

The applicant has submitted a full supporting statement with the application. It is pointed out that due to growth of the business and the increasingly residential nature of the location (with associated complaints of noise), relocation of the business is sought. As relocation and re- tooling of the factory will incur substantial costs, it can only be carried out if the proposed package as a whole is implemented. It is pointed out that the proposal would remove complaints regarding noise and traffic movements from nearby residents, the proposed housing would help to stem out migration from the local area; new woodland planting would help to maintain a woodland buffer between the site and Coltness and help to strengthen habitats for plant and animal life. The applicant argues that although the site is within the Greenbelt, it is stated in “Appendix H of the draft local plan” that the policy allows for development in special circumstances and that this constitutes such a circumstance.

As noted above, the application site is spread across three separate pockets of land. The largest of these constitutes rough grazing land including some colonised overburden from previous mineral workings. The nature of some of the vegetation suggests the water table is quite high. Overhead power lines cross the site. There is a general west to east fall across the site. There is a thin line of trees around the site boundaries with a hedge forming the boundary to Wishaw High Road. The area is still used for grazing. The second largest area of ground, to the north of Wishaw High Road constitutes a grassed field also still used for grazing. The field is bounded on three sides by trees and hawthorn bushes and along the road frontage by hedging. The smallest section of the site is occupied by the applicant‘s factory, surrounded on three sides by housing, including the Knowenoble Farm plotted development. There is a field to the rear in separate ownership.

Overall, the proposed development would constitute a southeastwards extension to Cleland.

Development Plan

The Development Plan for this site consists of the Glasgow and Clyde Valley Joint Structure Plan 2000 and the County of Lanark Central Industrial Area Part Development Plan, 1964. The most relevant up to date local plan is the Southern Area Local Plan Finalised Draft (Modified

79

2.2

2.3

2.4

3.

3.1

3.2

3.3

3.4

2001). Both of the latter plans allocate the bulk of the application site as green belt and, on this basis, there are relevant Structure Plan Policies in respect of this site.

The relevant Structure Plan Policies are Strategic Policy 1, which identifies the majority of the application site as being within The Glasgow and Clyde Valley Green Belt and Strategic Policies 9 and 10. Strategic Policy 9 relates to the assessment of development proposals and whether they accord with the Structure Plan. Strategic Policy 10 sets out the necessary criteria required in order to justify a departure from the Structure Plan.

The Central Industrial Area Part Development Plan technically constitutes part of the development plan, irrespective of its age. Most of the site is allocated as “Green Belt Zone” although the applicant‘s industrial site is allocated as an existing and proposed area for industrial development.

The Southern Area Local Plan, Finalised Draft, presents a more relevant and contemporary land use assessment, Most of the application site is within an area covered by Policy ENV6 (Green Belt), which states:

“The Council will safeguard the character and function of the Green Belt, as defined on the Proposal Map, within which there will be a presumption against development or change of use other than that directly associated with and required for agriculture, forestry, the generation of power from renewable sources, outdoor leisure and recreation, telecommunications of other appropriate rural uses.

Mineral extraction may also be acceptable where proposals accord with other relevant policies within this plan.

Proposals to extend established industrial and business uses will be acceptable only where the development would not result in an adverse effect on the character and function of the Green Belt“.

Policy HSG 12 (Housing in the Green Belt and Countryside) is also relevant. It states (extract):

“in determining applications for new houses the Council will take account of the following criteria, amongst others:-

1) new houses, which do not form replacement dwellings, will only be permitted where there is a proven operational need in accordance with Policies ENV 6 Green Belt and ENV 8 Countryside Around Towns, the visual prominence of the site, the compatibility of the design to a rural location, the incorporation of traditional design features and external finishing materials, and the provision made for vehicular access and site drainage.”

2) 3) 4) 5)

Consultations

A range of consultation responses have been received in respect of the proposed development. Transco have indicated that although they have equipment in the vicinity, they have no objections to the proposal.

The Coal Authority has indicated that there is a record of mineworkings within the site and that investigation and possible remedial action would be required to stabilise the ground.

Scottish Water advise that water and sewerage connections could be made. However a 15 inch diameter trunk water main crosses part of the site. It is also considered that the development may benefit from a Sustainable Urban Drainage System (SUDS) approach.

Scottish Natural Heritage objected to the original proposed development, as it would result in the loss of a Site of Importance for Nature Conservation (SINC) and a potential Local Nature Reserve (LNR). It is also pointed out that there would be a loss of areas of badger foraging and

80

potentially the disturbance or destruction of badger setts. They have subsequently withdrawn this objection as the revised scheme no longer impacts on the SINC.

3.5

3.6

3.7

4.

4.1

4.2

4.3

5.

5.1

5.2

NLC Community Services have no objection to the redevelopment of site C (the current factory premises) but object to development of the larger sites A and B as it would have a negative impact on the adjacent woodland areas owned by North Lanarkshire Council, and other wood land.

West of Scotland Archaeology Service recommends that, should planning permission be granted, prior archaeological evaluation of the area should be allowed.

No replies were received from the Scottish Environment Protection Agency, British Telecom, Scottish Power and Central Scotland Countryside Trust.

Remesentations

Five letters of objection have been received regarding the proposed development, three from notified neighbours, one from a response to the newspaper advertisement, and one from Councillor James Martin, the Local Member.

Grounds of objection are similar to all those who have made representations and may be summarised as follows:

a Disturbance to wildlife and natural habitats in the green belt, especially badgers, deer and foxes Contrary to green belt zoning in the local plan Proposal would constitute ribbon development Loss of definition of an established community Access onto Wishaw Low Road would compromise traffic safety due to increased volumes And manoeuvring of traffic Inadequate footway provision along W ishaw High Road It would create an imbalance in the size of the village Other inner village sites are available Contrary to Local Agenda 21 There is no justification for this extra housing over and above existing and committed proposals

Councillor James Martin objects to the proposed development on the following grounds :-

a The greater part of the development would be an incursion into the Green Belt It is contrary to the local plan There is an over provision of housing in the East Motherwell area, up to and including the year 2006


Determination of this application has to be made in relation to the development plan for the site, in accordance with Section 25 of the town and Country Planning (Scotland) Act 1997, unless material considerations indicate otherwise. The development plan for the site clearly indicates that the bulk of it is zoned as Green Belt and, therefore, residential development would not accord with the plan. However, the relevant policies covering departure from the development plan require to be assessed in order to determine whether or not there are material considerations that would indicate that development may be permitted.

Strategic Policy 9 in the Structure Plan sets out the criteria that a proposal has to meet in order to be considered in accordance with the Structure Plan. As the proposal is far more than 10 dwellings in the Greenbelt it is not in accordance with the Structure Plan. The proposal therefore has to be assessed against the criteria set out in Strategic Policy 10. These criteria are complementary, and the fulfilment of one criterion does not over-ride the need to satisfy the

81

others. These Criteria are: the specific need for the development in terms of housing land supply, Economic benefit, Social benefit and Environmental benefit.

5.3

5.4

5.5

5.6

5.7

5.8

5.9

5.10

6.

6.1

In terms of specific need, there is no clear evidence of a shortfall in the housing land supply in this location, nor has the applicant provided substantial evidence of this. Indeed, there are two large sites, both identified for housing within Cleland, one is nearing completion and the other has the benefit of planning permission.

It is considered that the level of economic benefit achieved as a result of the proposed new development would be relatively small with the only benefit being in the form of short-term construction work. It is however acknowledged that if the company moved to new premises this could bring further economic benefits.

In terms of Social benefits, the applicant has pledged to provide a community sports facility centrally located within the village and to provide for all maintenance costs for 20 years. This represents a social benefit as outlined in Strategic Policy 10 B. ii. B by supporting and enhancing community facilities.

In terms of environmental benefit, the revised scheme, in terms of built form, does not now impact directly on the SlNC part of the site. Additionally, the applicant proposes a scheme of indigenous tree planting around the boundaries of the site, which arguably would be of environmental benefit.

Although the proposal could have some social benefit, it is considered that any environmental benefit brought about by the proposed tree planting would be outweighed by the loss of the open Green Belt areas represented by sites A and B. Additionally, it is considered that the proposal would be of little economic benefit and furthermore, it cannot be justified in terms specific need relating to housing land supply.

In terms of Local Plan Policy, it is considered that the proposal is contrary to both the adopted and emerging local plans in terms of the Green Belt designation (Policy ENV6). Furthermore, the proposal is considered to be contrary to Policies ENV8 and HSG12 of the Southern Area Finalised Draft Local Plan (Modified 2001).

The above assessment of the proposal in relation to the development plan largely addresses the objections raised by individuals. The disturbance to the loss of wildlife areas is noted as unacceptable and the need to ensure Cleland and Wishaw maintain separate identities by resisting proposals which would constitute “ribbon development” has already been addressed. Although I share the objectors’ concerns over traffic and pedestrian safety, based on the proposed layout, alterations to the layout could be made to accommodate most of my concerns. However, these are issues incidental to the principle of the release of the bulk of the application site from the Green Belt.

It has to be stated that the development of site C (the existing factory premises) may be permissible on the grounds that this is brownfield land within the built up area of Cleland. However, the applicant has indicated that he wishes his proposals to be assessed as a whole and I do not, therefore, consider that there is merit in recommending a partial consent be granted when I regard the bulk of the proposal to be unacceptable. I do acknowledge that the applicant wishes to relocate his business and that while there is some merit in such a move, I do not consider it sufficient to justify departing from agreed national and development plan policies.

Conclusion

In conclusion, I consider that the proposed development is contrary to the Green Belt and housing policies of both the development plan and the emerging local plan and, on this basis, recommend that planning permission be refused. Committee may wish to note that should they disagree with my recommendation, referral to the Scottish Ministers will be required in that the proposal is development contrary to the development plan.

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Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

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Site History:

Development PI an :


Consultations:

Representations:


S/01/01702/FUL

21st December 2001

Anell Developments 750-754 Old Edinburgh Road Viewpark Uddingston Glasgow

Russell, Paterson Associates 27 Bothwell Road Hamilton ML3 OAS

Proposed Shopping Development

648-650 Old Edinburgh Road Uddingston Glasgow G71 6HQ

22: Fallside (Charles Hebenton)

271056.661 109

S/PL/B/9/67( 69)

560/93 Consent granted for single shop 7 September 1994

The site is within an area shown as Private Open Space on the Uddingston - Tannochside Town Map. On the Southern Area Local Plan Finalised Draft (Modified 2001) it is within an area covered by Policy RTL6 - Secondary, Village and Neighbourhood Commercial Areas.

No

The Coal Authority (No Objection) Strathclyde Police (No Response) NLC Community Services (No Objection)

None Received

Not Required

Comments:

This application is for the construction of a small retail development at Old Edinburgh Road, Uddingston comprising three small shops. The development site is adjacent to two existing shops and a Nursing Home. I recommend that permission be granted subject to conditions.

Recommendation:

I.

Approve Subject to the Following Conditions:-


83


2.

3.

4.

5.

6.

7.

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, including any modifications as may be required.

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

That before the development hereby permitted is completed, 9 off-street car parking spaces, including one disabled space, shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.


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


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

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

That before the development hereby permitted is completed the new vehicular access shall be constructed with dropped kerb access.

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

That before the development hereby permitted starts agreement shall be reached with the Roads Authority with regard to the siting of the bus shelter adjacent to the site and, if necessary, the bus shelter shall be moved to the required location before the development is completed or brought into use at the expense of the developer.


Background Papers:

Application form and plans received 21st December 2001

Letter from The Coal Authority received 15th J a n u y 2002 Memo from NLC Community Services received 25 February 2002 Memo from NLC Transportation Section received 21'' February 2002 and 4 November 2002

85

Letter from John Wilson & CO dated 24'h July 2002 Letter from Campbell Sievewright & CO dated 24'h July 2002

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

86

APPLICATION NO. S/Ol/Ol702/FUL

REPORT

1.

1 .I

1.2

1.3

2.

2.1

3.

3.1

4.

4.1


The site of the proposed development is a small vacant site within a mixed use area on Old Edinburgh Road, Uddingston. Although predominantly in a residential area there is a number of other uses nearby, including commercial, a nursing home and a football ground.

The proposed development will comprise three small shops of single storey construction with pitched roof. The units will be 97 sq. m., 49 sq. m. and 32 sq. m. A service area for turning and parking will be provided with access off Old Edinburgh Road. The access will be shared with Thorniewood United Football Club which has its own parking area.

A consent was issued in 1993 for one shop and a unit to replace the Senior Citizens Hut on the site. This consent was never implemented. The present proposal will not affect the Senior Citizens Hut.

Development Plan

The site is within an area shown as Private Open Space on the Uddingston - Tannochside Town Map. On the Southern Area Local Plan Finalised Draft (Modified 2001) it is within an area covered by Policy RTL6 - Secondary, Village and Neighbourhood Commercial Areas.


No adverse comments were received from the consultees.


When initially received the proposals put forward were sub-standard in many respects especially in relation to the proposed access, service and parking arrangements. The applicant has amended the plans and a satisfactory solution has resulted. The provision of parking alongside the shops should encourage shop users to make use of the car park rather than park on Old Edinburgh Road in a congested area where there is a bus stop and pelican crossing. In addition a condition has been imposed requiring the relocation of the bus stop outwith the required visibility splay. I therefore recommend that planning permission be granted, subject to conditions.

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Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


S/02/00195/OUT

19th February 2002

Chester Properties Ltd. 2 Mill Street London W15 2AT

Drivers Jonas Delta House 50 West Nile Street Glasgow G1 2NP

Development of Fast Food Restaurant with Drive-Through Service and Associated Car Parking

Caledonian Centre Glasgow Road Wishaw Lanarkshire

6: Craigneuk (Thomas Lunny)

277950655300

S/PL/B/lI/I 5MlLSlAH

Outline planning permission granted 1983 Detailed planning permission granted 1984 Extensions granted 1996 and 1998

Industrial (Burgh of Motherwell and Wishaw Development Plan) Retail Warehouse Park (on the Southern Area Local Plan Finalised Draft (Modified 2001)

No

The Coal Authority (No objections) West Of Scotland Water (Conditions) Strathclyde Police (Conditions)

One letter of support, one petition of objection (28 names)

8 March 2002

Comments:

This application proposes the erection of a fast food restaurant and drive-through in the car park area of the Caledonian Retail Park at Glasgow Road, Wishaw. The site would be accessed from the existing car park, which would be extended towards Glasgow Road, into an area that is currently landscaped. This open space along the frontage serves a useful amenity purpose, and contains a number of mature trees. I therefore recommend that permission be refused.

This application was originally placed on the agenda for the June 2002 meeting of the Planning and Environment Committee but was removed at the applicants’ request to allow them to submit a revised layout. A revised proposal has been received, and I now consider it appropriate for the Committee to

88

PLANNINGAPPLICATION No. S /02 /00195/OUT

D~irdlw"lb. Ol*CUSU**m.pprswlh v. pmilimnd h card*d t.r*,w. B a n - .Cla"=W'rnl W*bU.lrqm&* WIW.Clan=Wlrnl n NI l-dlop*.c"Ym -at C D U l i B

A ERECTION OF FAST FOOD RESTAURANT, DRIVE - THROUGH AND EXTENSION TO CAR PARK.

CALEDONIAN RETAIL PARK, GLASGOW ROAD, WISHAW. * ~ocation of Petitioners

89

determine this application. Further details are contained in the accompanying report.


1. That the proposal would result in the removal of a significant frontage area of landscaping, as a result of the extension of the car park, to the detriment of the amenity of the area.

Background Papers:

Application form and plans received 19th February 2002

Letter from NLC Transportation Section received 17/04/02 Letter from NLC Protective Services Section received 12/3/02 and 21/3/02 Letter from The Coal Authority received 14/3/02 Letter from West Of Scotland Water received 11/4/02 Letter from Strathclyde Police received 28/3/02 Letter from NLC Community Services, received 8/4/02 Letter from Charles Price & Co., received 28/2/02. Fax and Letter from Drivers Jonas received 31/5/02 Letter from Drivers Jonas received 25/10/02 Letter from NLC Transportation Section received 2211 1/02 Letter and petition from N. McLean received 18/11/02 Supporting Statement and E-Mail of 12/4/02 , prepared by Drivers Jonas Transportation Statement, prepared by Colin Buchanan and Partners Burgh of Motherwell and Wishaw Development Plan Finalised Draft Southern Area Local Plan (Modified 2001)

Any person wishing to inspect these documents should contact Les Stevenson at 01698 302088.

90

APPLICATION NO. S/02/00195/OUT

REPORT

1.

1.1

1.2

1.3

1.4

2.

2.1

2.2

3.

3.1

3.2

3.3

3.4


This application seeks outline permission for the erection of a fast food restaurant and drive through at the Caledonian Retail Park on Glasgow Road, Wishaw. No operator has yet been confirmed, and the applicants are unable to provide details of the likely hours of opening. They have, however, indicated that the proposed restaurant would be approximately 280 square metres in size, and would create 40-45 jobs (full and part time).

The application site is within the existing car park of the retail park, approximately 35 metres to the east of the entrance, close to the site’s frontage onto Glasgow Road. To accommodate the proposed development, the applicants intend to extend the retail park site towards Glasgow Road, incorporating an existing landscaped area and play area, to provide car parking.

In support of the proposal, the applicants point to other retail parks (in Coatbridge, Hamilton and East Kilbride) where there are fast food outlets, commenting that these are common and acceptable features of many retail parks. They suggest that the proposal at Wishaw would improve the shopper experience there, enabling it to compete more successfully against other retail parks. They also submitted a Transportation Statement which predicted that the overall car park would be under utilised on week days at peak time by 39% and over capacity on a Saturday afternoon by 2% (9 vehicles).

The retail park was originally granted outline planning permission in 1983 (on appeal to the Secretary of State), with detailed consent in 1984. An extension to the development was approved in 1996 and 1998. In the course of discussions on the earlier of these applications, the proposal were modified to reduce the amount of land required in order to retain as much of the frontage landscaping as possible.

Development Plan

The Southern Area Local Plan Finalised Draft (Modified 2001) identifies the site as being within a Retail Warehouse Park, under Policy RTL3; this policy seeks to direct retail warehouse development to such locations, subject to them complying with certain criteria. In this instance, however, the proposal is not for a retail warehouse, and so that policy does not apply directly.

The draft Local Plan also contains a policy relating to ‘Bad Neighbour Developments’ (RTL 1 I), which include hot food takeaways and restaurants. One of the criteria to be used in assessing such developments is “the provisions made for ...... parking and the proposal’s impact on pedestrian safety and traffic circulation”.


The Coal Authority had no objections to the proposal.

West of Scotland Water suggested that Sustainable Urban Drainage Systems should be employed on the surface water drainage system.

NLC Community Services would require further information on future landscaping proposals before being able to comment in detail, but provided guidance notes to assist the developers in preparing a submission.

NLC Transportation Section initially recommended that the application be refused as it has failed to provide a workable parking provision for the proposed development in association with

91

3.5

3.6

3.7

4.

4.1

4.2

4.3

4.4

the existing retail park. However, a revised indicative layout was submitted, which satisfied the transportation requirements subject to conditions.

Strathclyde Police had no adverse comments to make, on the understanding that sufficient car parking spaces are provided.

A letter was received from Agents acting for Poundstretcher Ltd. which supported the development as an enhancement to the offer on the retail park, although they had concerns over the trading hours and congregation of youths.

A petition, containing 28 names of residents of houses opposite the site, was received. This objected to the proposal on the grounds of the potential for the development to become a focus for youths, resulting in vandalism; on the effect on parking within site, potentially resulting in traffic problems on Glasgow Road; and the loss of amenity that would result from the loss of the frontage open space.

Plannina Assessment and Conclusion

This proposal involves the introduction of a use which would generate additional traffic into a popular retail park, and would require the loss of a substantial area of landscaping along a busy road frontage. The initial proposal submitted gave cause for concern because it would have resulted in a net loss of parking spaces, but a revised layout has overcome their problem.

The impact of the proposal on the amenity of the area is also a consideration. At present, the site frontage onto Glasgow Road (the main distributor road between Wishaw and Motherwell) is a landscaped open area, with mature trees, flagpoles and a small play area; this serves to soften the appearance of the large car park immediately behind the security fencing. The proposal would eliminate most of the landscaped strip, bringing the car park almost adjoining the Glasgow Road footway; in addition, the applicants have indicated their intention to reposition the security fencing around the car park, thereby locating it much closer to the road.

The petition received provides an indication of local concern over the impact of the proposal. The concerns expressed regarding anti-social behaviour, however, are outwith the scope of planning control, while their comments on the parking and traffic problems have effectively been resolved by the submission of a revised layout. However, their comments regarding the impact from local amenity arising from the loss of the landscaped area to the front of the retail park are justifiable causes of concern and reflect the fact that this is a well established landscaped area which provides a positive contribution to the amenity of this part of Craigneuk.

I am of the opinion that the loss of the existing open space and the extension of the car park (with security fence) towards the main road would create a harsh visual impact, to the detriment of the amenity of the area. I therefore recommend that permission be refused.

92

Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


Comments:

S/02/00630/ADV

29th April 2002

Damian Turner Turner Chartered Accountants 17-1 9 Motherwell Road Carfin MLI 4EB

Erection of Illuminated Fascia Signs

17-19 Motherwell Road Motherwell Lanarkshire MLI 4EB

5: New Stevenston And Carfin ( Bernard Scott)

277083.658366.

S/PL/B5/52(60)/JOD

Advertisement Consent granted (N52/94) for two signs, to north east gable and front elevation. Sign to south west gable was refused as part of this application. Advertisement Consent granted (96/0555/ADV) November 1996 for a small sign.

The site is zoned as Community and Health - (Northern Area Local Plan 1986); and as Established Community Facilities - on the Southern Area Local Plan Finalised Draft (Modified 2001)

No

None Received

Not Required

The applicant seeks Advertisement Consent for an illuminated sign located on the upper storey of the south west facing gable of a two storey building. The sign measures approximately 3 metres in height and 6 metres in length and is currently in situ although not illuminated.

The site is an existing business premise on the upper floor of a two storey building with a public house/snooker club on the ground floor. The site is on the south east side of Motherwell Road, at a prominent location on the brow of a hill on a major artery out of Motherwell. The immediate area is mixed use, with the adjacent areas residential in use.

The application site has currently three other signs on the premises, one of which has been previously granted consent, all advertise the business taking place on the upper floor. The proposal is for further advertisement of the business, however this is not material as the Planning Authority can not control the subject matter and content of the advertisement. An application (A/52/94) for a sign of similar size and location was previously refused by Committee (21/3/95) and dismissed at Appeal (8/02/96) as it would be contrary to the interests of amenity.

93

In considering this application there are 2 determining issues: road safety and amenity. With respect to the former the proposal is considered acceptable. In assessing the latter there are several signs already within the area and specifically located onlwithin the site. It is considered given its proximity to other signs, that the proposal would contribute to advertisement clutter within the area and result in creating a strident feature on the streetscape to the detriment of the character and visual amenity of the surrounding area.

Furthermore, it is considered that the size ( 3 metres by 6 metres) of the proposal is excessive on a small scale two storey building and that the proposal due to its size and prominent location is highly visible and intrusive from the main thoroughfare to the detriment of the visual amenity of the area.


1. The proposal is contrary to policy ENV17 of the Southern Area Local Plan Finalised Draft (Modified 2001) in that, due to its size and location would result in a detrimental affect on the visual amenity of the area.

2. The proposal is contrary to policy ENV17 of the Southern Area Local Plan Finalised Draft (Modified 2001) in that the proposal would contribute to advertisement clutter within the area and create a strident feature on the streetscape to the detriment of the character and visual amenity of the surrounding area.

Background Papers:

Application form and plans received 29th April 2002

Memo from NLC Transportation Section received 28th August 2002

Any person wishing to inspect these documents should contact John Drugan at 01698 3021 36.

95

Application No:

Date Registered:

Ap pl ica n t :

Agent

Development:

Location:

Ward:

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File Reference:

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Development Plan:


Consultations:

Representations:


Comments:

S/02/00774/F U L

23rd September 2002

Thomas Quay Lady Jade Garage Shotts ML7 5DR

BHC Ltd Medwyn Park Edinburgh Road Carnwath ML11 8LG

General Purpose Storage Building

Lady Jade Garage Stable Road Shotts Lanarkshire


288215 660145

SlPLlBll7/53/RCIJF

96/001581FUL workshop granted 11.07.96

Use of Land as a scrapyard and erection of storage

The site is within an Existing Industrial Area (Brickworks) in the Shotts Local Plan 1982 (Policies IND I and IND I I apply). It is zoned as Countryside Around Towns in the Southern Area Local Plan Finalised Draft (Modified 2001). Policy IND 9 Assessing Applications for Industrial and Business Development is also relevant to this application.

Yes

S. E.P.A.(W est) Scottish Water The Coal Authority

None Received

30th October 2002

(No objection) (Notification) (Comments)

The applicant seeks consent for a storage building measuring 36 x 18 metres, 5.5 metres high to the eaves and 7.5 metres high to the ridge, constructed in plastisol coated steel and colour finished in forest green. The building would be erected in the west corner of an existing depot yard owned by the applicant, off Stable Road, Shotts, immediately north of a factory which lies within classified industrial land. Also within the application site are a telecommunications mast, a two storey workshop/office building and container and lorry parking within the yard.

96

The site and land to the south are already in industrial or business use and there have been no objections from third parties or consultation replies. Nearest houses are 100 metres away to the west and I would recommend approval of this application, subject to conditions.


1.

2.

3.



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.

Reason: To ensure the site is free of contamination.

That before the development starts, notwithstanding the annotated colour shown on the approved plans, full details of the colour finish to the roof and walls of the development hereby approved, shall be submitted to and agreed in writing by the Planning Authority.

Reason: To safeguard the amenity of the adjoining residential area.

Background Papers:

Application form and plans received 28th May 2002

Memo from NLC Transportation Section received gth October 2002 Memo from NLC Protective Services received 24th October 2002 Memo from NLC Community Services received 14th October 2002 Letter from S.E.P.A.(West) received 14th October 2002 Letter from The Coal Authority received 9th October 2002

Shotts Local Plan 1982 Southern Area Local Plan Finalised Draft (Modified 2001).

Any person wishing to inspect these documents should contact Richard Cartwright at 01 698 302128.

98

APPLICATION NO. S1021007741FUL

REPORT

1.

1 .I

1.2

2.

2.1

3.

3.1

3.2

3.3

4.

4.1


The application site lies at the north end of Stable Road, Shotts and is in use as a scrapyard depot for lorries and containers. A two storey workshop/office is situated at the east side and a telecommunications mast at the west side of the site, with a second mast adjoining to the southeast. A factory adjoins the site to the southwest, with vacant land on the other sides and the nearest housing 100 metres away to the west. The application site is already enclosed by a 1.8 metre high metal palisade fence, with a bank over 2 metres high outwith this on the north and west sides.

The proposal is to erect a general purpose storage building measuring 36 x 18 metres and 7.5 metres high (5.5 metres eaves height), with both walls and roof finished in plastisol coated metal sheeting. Two roller shutter doors are shown on the north elevation, to enable a container lorry to reverse in to unload goods.

Development Plan

The site is zoned as industrial (brickworks) land in the adopted Shotts Local Plan 1982, but is just outwith the defined industrial and business land in the Southern Area Local Plan in an area designated as Countryside Around Towns. Criteria are set for assessing applications for industrial and business development proposals in Policy IND 9 of the latter plan, which include whether the land is in existing commercial use, the extent to which vacant land is to be re-used, suitability to the character of the area and detailed design and positioning.


NLC Community Services have no objection to the proposal, noting that the impact of the building will be minimal, due to larger industrial structures nearby, but suggesting that the cladding material colour be agreed through a condition. NLC Protective Services seek a contamination investigation condition before development proceeds.

SEPA have raised no objection but require foul drainage details to be agreed; if approved, a note to this effect would be incorporated into the decision notice. In view of past mining activity in the area, the Coal Authority’s reply also indicates that a suitably worded note on this should be included on any decision notice.

NLC Transportation Section have no objection to this proposal as there is adequate space to manoeuvre. Scottish Water have not replied to their consultation and there have been no third party representations made.


The primary issues to assess for this application are listed within the criteria of Policy IND 9 of the Southern Area Local Plan. This site does form part of the existing land supply for industry and business, and so the first locational criteria is met. The proposal would make fuller use of an existing commercial site and, due to existing and surrounding land uses, I consider it suitable in principle to the character of the area in which it is set. This conclusion is subject to a prior investigation and any necessary treatment of contamination issues, as requested by NLC Protective Services.

99

4.2 I consider the design of coloured plastisol coated metal sheeting for roof and walls to be acceptable, subject to a condition to agree colour finish. The proposed dimensions of the storage building present no amenity issues in this location, in view of the existing surrounding uses and taller buildings and structures nearby.

4.3 Access, parking and manoeuvring facilities on the site are adequate and there are no requirements from NLC Transportation Section. The only other issues raised by consultation responses are the need for advisory notes regarding the agreement of foul drainage details with SEPA, and for a proper mining investigation to take place.

4.4 In conclusion therefore I consider that while zoned as Countryside Around Towns the site has existing use rights as a commercial site and given the surrounding land uses, I consequently recommend approval of this application, subject to conditions and advisory notes as discussed in my report. Given the scale and circumstances relating to the site I do not consider the proposal forms a significant departure from the Development Plan.

100

S/02/01219/0UT Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


Comments:

18th September 2002

Craig O'Hara 88 Greenlaw Avenue Coltness ML2 8QM

Erection of One Dwellinghouse

Land To The West Of 35 Fruin Drive Wishaw Lanarkshire

15: Garrion (John Pentland)

281267655395

SIPLIBI3I6IGLA

No relevant site history

The site is zoned as Residential in the Burgh of Motherwell and Wishaw Development Plan 1953 and as Policy HSG8 Established Housing Areas in the Southern Area Local Plan Finalised Draft (Modified 2001).

No

S. E.P.A.(W est) Scottish Water British Gas Transco Scottish Power The Coal Authority SNH NLC Community Services


Not Required

(No Objection) (Com men ts) (No Objection) (No Objection) (Comments) (Comments) (Objection)

Outline planning consent is sought for the erection of one dwellinghouse on land to the west of 35 Fruin Drive, Wishaw. The proposed site is located within a residential area and is 0.1 1 hectares in site area. It is a long, narrow site, amounting to 100 metres long and 20 metres at the widest point. The proposed development is sited on the edge of Greenhead Moss Nature Park, which has several natural heritage and cultural interests. The application site bounds the 85/08 Eastmuir Plantation, Site of Importance for Nature Conservation (SINC).

The application has raised many issues from consultee responses and letters of representation. Many of the issues are with regard to the following:- impact on the natural environment, which includes trees and wildlife, contrary to the original consent, parking and access and privacy and overshadowing. In light of the above I would recommend that the application be refused.

101


1. That the proposal for a single house plot on this site would have a significant impact on the natural environment of this site, in that it would not accord with the original consent, which allows for the provision of open space at this location and would impinge on the adjacent Site of Importance for Nature Conservation (SINC), identified as policy ENV14, in the Southern Area Local Plan Finalised Draft (Modified) 2001 and thereby reduce the site significance as a landscape buffer between the existing residential development and the Greenhead Moss Nature Park.

Background Papers:


Memo from NLC Transportation Section received 12th November 2002 Memo from NLC Community Services received 28th October 2002 Letter from S.E.P.A.(West) received 18th October 2002 Letter from Scottish Water received 28th October 2002 Letter from British Gas Transco received 15th October 2002 Letter from Scottish Power received 15th October 2002 Letter from The Coal Authority received 14th October 2002 Letter from Scottish Natural Heritage received 21 st October 2002. Letter from Catherine Be11,6 Arklet Way, Cambusnethan, ML2 8RR received 30th August 2002. Letter from Mr & Mrs Derek McAdam,35 Fruin Drive, Cambusnethan, Wishaw, ML2 8RG received 30th August 2002. Letter from Peter McCubbin,4 Arklet Way, Eastmuir Park, Cambunethan, Wishaw, ML2 8RR received 3rd September 2002. Letter from Paul O'Hara,36 Fruin Drive, Cambusnethan, Wishaw, ML2 8RG received 3rd September 2002. Letter from Mr Fraser Scott,8 Arklet Way, Cambunethan, ML2 8RR received 4th September 2002.

Any person wishing to inspect these documents should contact Gillian Anderson at 01698 302102.

103

APPLICATION NO. S/02/01219/0UT

REPORT

1.

1.1

1.2

2.

2.1

3.

3.1


The proposed site is located within a residential area and is 0.1 1 hectares in site area. The site was identified as an area of open space in the original consent to George Wilson (Stonehouse) Ltd in 1995. The application area is a long, narrow site, amounting to 100 metres long and 20 metres at the widest point. The proposed development is sited on the edge of Greenhead Moss Nature Park, which has several natural heritage and cultural interests. The application site bounds the Eastmuir Plantation, Site of Importance for Nature Conservation (SINC).

Outline planning consent is sought for the erection of one dwellinghouse on land to the west of 35 Fruin Drive, Wishaw. The application is for the principle of a dwellinghouse, and therefore there are no further details of house type, layout or access arrangements.

Development Plan

The site is zoned as Residential in the Burgh of Motherwell and Wishaw Development Plan 1953 and as Policy HSG8 Established Housing Areas in the Southern Area Local Plan Finalised Draft (Modified 2001).


The external consultees raised the following comments:-

* British Gas Transco - no objections in principle, however raised the issue of informing the applicant regarding the location of the gas plant.

Scottish Power - no objections in principle, however raised the issue of informing the applicant of the location of the cables.

0 Scottish Water - no objections in principle, however raised the issue of informing the applicant that they should seek permission from them also, in terms of connecting to the public sewer.

SEPA - no objections in principle, provided the applicant is aware the foul drainage is connected to the public sewer.

The Coal Authority - no objections.

Scottish Natural Heritage have no objections in principle, however if this application was to be approved they recommend a number of onerous conditions regarding details and landscaping, which should be attached if the Committee were in a mind to grant.

3.2 The internal consultees raised the following comments:-

* Transportation Section - vehicular and pedestrian access should be taken from the

104

shared surface short cul-de-sac, rather than through the existing visitor parking bays on the turning circle.

NLC Community Services have commented that the site is bounding Greenhead Moss Nature Park and is close to the Eastmuir Plantation Site of Importance for Nature Conservation (SINC). The tree and vegetation species on the site include Birch, Hawthorn, Violet, gorse, Tuffted and Wavy Hair Grass. There are also a variety of wildlife on the site. The trees, which exist on the site act as a good buffer zone to the larger area of woodland to the east of the proposed site. Community Services oppose this development due to the present buffering capabilities of the existing site.

There have been 5 letters of representation which raised issues, which can be summarised as follows:-

0 Impact on the Natural Environment - trees, wildlife Contrary to the original consent Impact on privacy/visual impact Impact on drainage Impact on parking Overshadowing Increased noise levels

4. Planninn Assessment and Conclusions

4.1 This application, in outline, for one dwellinghouse is in accordance with the development plan, however, in this instance there are other material considerations, which must be taken into account, when determining this application.

Impact on the Natural Environment - this site as it exists, is home to a variety of tree species, (Birch, Hawthorn, Violet, gorse and wildlife), foxes, squirrels, deer and bird life. This strip of land at 100 metres by 20 metres at its widest point provides a natural landscape buffer between the existing residential development and the existing Greenhead Moss Nature Park.

Contrary to the original consent - the original consent in 1995 for the residential development, identified this area of land as open space. Wilson Home Builders handed the land to the Greenbelt Group of Companies, who were to carry out some additional tree planting and take over the maintenance of the land for the future. At all times the land was to be a resource for the residents and the wider community and a natural home for a variety of species.

As the application is in outline, there are no details of house type, location and access arrangements. I consider that a house on this land could potentially raise certain visual, access and privacy issues and would certainly result in an adverse impact on the visual quality of the existing residents.

Drainage issues would be dealt with and overcome by communication with Scottish Water and SEPA.

Noise levels could potentially be an issue at construction phase, however with the relevant condition this could be overcome.

105

4.2 In the assessment of this application it is important to identify the material considerations, which outweigh the development plan policy. I can confirm, therefore that the following material considerations outway the development plan policy: impact on the natural environment and contrary to what was agreed in the original consent and has subsequently been successfully completed for 7 years. In conclusion, I recommend that this application be refused.

106

Application No:

Date Registered:

Applicant :

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


1 st October 2002

John Marshall 2 Greenwood Street Shotts ML7 4DN

Andrew Neil A And A Neil Architects 72 Berkeley Street Glasgow G3 7DS

Erection of Vehicle Repair Workshop

Land To The East Of 3 Foundry Road Shotts Lanarkshire


287462659718

S/PL/B/l7/58(342)RC/J F


The site is within an Established Industrial and Business Area (Policy IND 9) in the Southern Area Local Plan Finalised Draft (Modified 2001). It is allocated for Industrial Yard Space (Policies IND6/IND13) in the adopted Shotts Local Plan 1982.

No

S.E.P.A.(West) Scottish Water The Coal Authority

None Received

1 lth October 2002

(Comments) (Comments) (Comments)

Comments:

Full planning permission is sought for the erection of a vehicle repair workshop on land to the east of 3 Foundry Road, Shotts, immediately south of and below the petrol filling station, close to the junction of Station Road and Foundry Road. The proposed workshop would be constructed with powder coated steel cladding and accommodate four car repair bays, a test bay for Class 7 vans and a paint bay, all along the western part of the site. A parking and turning area would occupy the remainder of the site.

The site lies within an established industrial area and is suitable for the proposed use. No objections have been received. I recommend approval of the application, subject to conditions.

107


1.

2.

3.

4.

5.

6.



That before the development hereby permitted starts, full details of the materials and construction method to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: The full details of the proposed materials including colour finish and sound insulation properties have not been submitted, and in the interests of amenity.

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.

Reason: To ensure the site is free of contamination.

That no industrial process as defined by the Town and Country Planning (Use Classes) (Scotland) Order 1997 shall be carried on outwith the buildings on the application site.

Reason: To safeguard the amenity of the adjoining residential area.

That before development starts, details of a scheme which provides sufficient space within the curtilage of the aplication site for: (a) the parking and manoeuvring of 16 cars/ Class VI1 commercial vans; (b) the loading and unloading of commercial vehicles; and (c) the provision of turning areas so that all vehicles enter and leave the site in forward gear shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

That before the development hereby permitted is occupied, all areas covered by the scheme, approved under the terms of condition 5 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 and manoeuvring areas.

Reason: To ensure the provision of adequate parking and manoeuvring areas within the site.

109

Background Papers:


Memo from NLC Transportation Section received 10th October 2002 Memo from NLC Protective Services received 13th November 2002 Letter from S.E.P.A.(West) received 14th November 2002 Letter from Scottish Water received 28th October 2002 Letter from The Coal Authority received 14th November 2002

Southern Area Local Plan Finalised Draft (Modified 2001) Shotts Local Plan 1982

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302128.

110

AP P L KAT1 ON N 0. S/02/0 1 242/F U L

REPORT

I.

1 .I

1.2

2.

2.1

2.2

3.

3.1

3.2

3.3

3.4

4.

4.1

4.2


The application site lies on the north side of Foundry Road, Shotts, close to its junction with Station Road. To the north and at a higher level lies a petrol filling station. On the west side is a vacant yard, beyond which is a Workshop building with vehicle parking. Across Foundry Road to the southwest, is an industrial unit occupied by Hi Spec Meats, with an abbattoir lying further to the west. Adjacent to the site to the east and southeast are planted areas at the entrance to Foundry Road.

It is proposed to erect a car and Class 7 vehicle repair workshop, measuring approximately 30 x 10 metres and 6.5 metres high, constructed in powder coated steel finish, along the western boundary of the site. Five roller doors would open onto a yard which would occupy the remainder of the site and provide parking, manoeuvring and turning areas.

Development Plan

The site is allocated for Industrial Yard Space in the adopted Shotts Local Plan 1982, and covered by Policies IND 6 and IND 13. These policies seek to make provision for low cost industrial uses requiring yardspace such as scrap yards, vehicle repair operations and builders merchants, following provision of the new Foundry Road access.

In the Southern Area Local Plan Finalised Draft (Modified 2001), the site is zoned as an Established Industrial and Business Area. Policy IND 8 seeks to retain the character of such areas and supports General Industrial and other uses where appropriate.


NLC Transportation Section are concerned that there maybe insufficient space available within the site to accommodate a commercial vehicle turning facility for delivery vehicles, and for sufficient parking bays to serve the repair workshop.

NLC Protective Services have suggested that a contamination investigation report for the site should be submitted, which can be required by condition. They are also concerned that there should be no noise nuisance at any residential properties in the vicinity.

SEPA and Scottish Water have both commented on the need to agree details for foul drainage, and for SEPA guidelines to be followed. The Coal Authority note the site lies within the zone of influence of previous shallow coal workings, which would require investigation.

There have been no third party representations received on this application.


The application proposal represents an acceptable use in principle for this site, as it conforms to the industrial zoning in both the adopted Shotts and Southern Area Local Plan. The design of the building is acceptable, subject to a condition to agree final details including colour finish.

I am satisfied that there should be no issues relating to residential amenity with this application, provided a condition is imposed to prevent outside working with machinery in the yard area. The location of the site at a lower level than Station Road, with a bank to the immediate north, and planting to the southeast, offers additional protection and the nearest residences are 70 and 100 metres away.

111

4.3 The transport implications of the proposed development need to be assessed against Policy TR13 of the Southern Area Local Plan. I am satisfied that there will be no adverse road safety implications with the proposed vehicle repair workshop in this location, provided a commercial vehicle turning capability is provided, which I am satisfied can be accommodated and which can be secured by condition. The provision of at least 16 car and Class 7 commercial van parking bays can also be secured by condition, which I consider to be satisfactory for this proposal.

4.4 Other issues raised in consultation replies by NLC Protective Services, SEPA, Scottish Water and the Coal Authority, relate to site contamination investigation, the need to agree foul drainage details and follow pollution prevention guidelines, and the need for proper mining history investigation. All of these matters can satisfactorily be dealt with by condition and advisory notes attached to the decision notice.

4.5 There have been no third party representations on the application and there are no other material issues in this case. I therefore recommend approval of the application subject to conditions, as detailed in my report.

112

S/02/01304/FUL Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan :

12th September 2002

Dundas Estates & Development CO Ltd Carriden Sawmills Bo'ness West Lothian EH51 9SQ

James Doherty Architect The Bourse 47 Timberbush Leith Edinburgh

Residential Development of 20 Detached Dwelling Houses.

Land At Former Storage Building Fern Street Motherwell Lanarkshire

12: Knowetop (William Wilson)

273302655749

S/PL/B/12/2( 162)

Non relevant

Zoned within an area Primarily for Industrial Use within the Burgh of Motherwell and Wishaw Development Plan 1953 ldendified as a Housing Development Opportunity in the Southern Area Local Plan Finalised Draft (Modified 2001)

Contrary to Development Plan: Yes

Consultations: NLC Community Services

Representations: 1 Representation Letter

Newspaper Advertisement: 6th October 2002

Comments:

This application seeks consent for the erection of twenty dwellings on land to the east of Fern Street, Motherwell. The site in question is zoned for Industrial use in the adopted local plan and for residential in the emerging local plans and is bounded to the south by 13 to 33 Dalzell Avenue, to the north and east by housing and to the west by a council depot and industriaVcommercial uses. The majority of the site formed part of the Former Dalziel Sawmills. The site has been in a derelict state for a number of years, however, self-seeded trees cover a significant proportion of the site. One letter of representation has been received from a resident in Dunbar Drive, through which, the applicant proposes to take the vehicular access. Members may recall the site, which is Council owned was marketed and is subject to a Council design brief. It is considered that the proposal complies with the design brief and is acceptable in terms of use,

113

layout, design and density. This application is therefore recommended for approval subject to the application of the appropriate conditions.


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, including any modifications as may be required.

Reason: To allow the Planning Authority to assess this aspect in the interests of residential amenity.

That before any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under the terms of condition 2 above, shall be erected.

Reason: To ensure that the relevant boundaries of the site are adequately and appropriately treated in the interests of residential amenity.

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, including any modifications as may be required.

Reason: To allow the Planning Authority to assess this aspect in the interests of residential am en i ty.

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) details of the phasing of these works.

Reason: To allow the Planning Authority to assess these aspects in the interests of residential amenity.

That within one year of the occupation of the last 5 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

115

7.

8.

9.

10.

Note

diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure that all landscaping works as approved under condition 5 above are implemented in the interests of residential amenity.

That the use of the garages hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site and no commercial activity shall be carried out, in, or from, the garage.

Reason: To insure that no activity incompatible with a residential area is carried out from within the garages hereby permitted, in the interests of residential amenity.

That the integral garages hereby approved shall not be altered for use as a habitable room without the prior written consent of the Planning Authority.

Reason: To ensure that each dwelling can adequately and appropriately accommodate 2 off- street car parking spaces in the interests of road safety.

That all construction traffic to and from the site shall be via Fern Street.

Reason: In order to protect the residential amenity of residents in Dunbar Drive and Fleming Court during the construction period.

That no dwellinghouse shall be occupied until the access roads and footways leading thereto from the existing public road have been constructed to waring course level.


If granted, this application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Procedure 1997.

Background Papers:

Application form and plans received 12th September 2002 The Burgh of Motherwell and Wishaw Development Plan 1953 The Southern Area Local Plan Finalised Draft (Modified 2001) Letter from Gordon & Evelyn Dickson, 8 Dunbar Drive, Motherwell, MLI 2EN received 26th September 2002. Memo from NLC Community Services received 1st November 2002 Memo from NLC Transportation Section received 8th November 2002


116

APPLICATION NO. S/02/01304/FUL

REPORT

1.

1 .I

1.2

1.3

1.4

2.

2.1

2.2

3.

3.1

3.2

3.3


This application seeks consent for the erection of twenty detached two-storey dwellings on a derelict Council owned site to the east of Fern Street, Motherwell. The site covers an area of 1.02 Hectares and was once occupied by Dalziel Sawmills and Flemington Goods Railway Station.

The applicant proposes to erect twenty detached dwellings with a vehicular access coming in from Dunbar Drive to the north. The site is bounded to the north and east by the residential area accessed by Dunbar Drive and Fleming Court, to the south by dwellings running along the northern side of Dalzell Avenue and to west by industrial and commercial uses including a Council Depot.

The site has been in a derelict state for a number of years and is characterised by what appears to by a mixture of open scrubland and semi-mature trees around the edge of the site.

Members will recall that this Council owned site has been subject to marketing and as such, a Design Brief, providing guidance for potential developers has previously been produced.

Development Plan

The site is zoned as an Area Primarily for Industrial Use in the adopted Burgh of Motherwell and Wishaw Development Plan 1953. This reflects the sites previous uses as described in paragraph 1 .l.

The site is identified for housing development, Policy HSG2 in the emerging Southern Area Local Plan Finalised Draft (Modified 2001). The proposal should also be assessed in terms of Policies HSGl 0, which deals with assessing applications for housing development and Policy HSGl 1, which deals with infill housing development.


The Council’s Community Services Department recommend that existing trees within the site be selectively identified for retention with a view to a possible Tree Preservation Order.

The Council’s Transportation Section has expressed no objections to the proposed means of vehicular access and road layout and has commented that the proposed road layout complies with Council Standards and as such would receive the necessary Roads Construction Consent required in order for the Council to formally adopt the road for future maintenance.

A letter of representation has been received from the residents of 8 Dunbar Drive, who express concern about Dunbar Drive being used for vehicular access to the site, increased traffic and the effect on road safety. Concern has also been expressed about the possible loss of mature trees within the site and the possible effect to the foundations of their dwelling.

117

4. Planning Assessment and Conclusions

4.1 Although the site lies within an industrially zoned area as identified in the adopted local plan, it is considered that the zoning (Residential Development Site) in the emerging Southern Area Local Plan Finalised Draft (Modified 2001) is a strong material consideration. Furthermore, due to the outdated nature of the adopted local plan, the emerging Local Plan is considered to be the overriding policy context for the site. It is therefore considered that the principle of housing development on this site is acceptable.

4.2 As previously stated, as this is a Council owned site which has been marketed, a design brief for the site has been produced. It is considered that the proposal as submitted complies with this design brief in terms of density, scale and general design. The proposed access and road layout is also considered to be acceptable. Furthermore, the proposal complies with Council Standards relating to space between dwellings and garden sizes.

4.3 With regard to the letter of objection, it is considered that the proposed access from Dunbar Drive will not detrimentally affect existing levels of road safety as the increase in traffic that the proposal would generate is not considered to be significant. Additionally, the new road layout has been designed in accordance with Council Standards. Furthermore, tree removal and possible effect on the integrity of the foundation of 8 Dunbar Drive, is not a planning issue, but a private legal matter for the developer.

4.4 With regard to the comments relating to existing trees on the site, it is considered to be desirable to retain selected trees, where the design allows, which will be of benefit to residential amenity. The details of tree retention can be regulated through the imposition of the appropriate planning condition.

4.5 It is considered that the proposal complies with the aims of Policy HSGIO in the emerging local plan in terms of design. Additionally, the proposal is considered to be in accordance with Policy HSGII , as the proposal is in keeping with the character of the surrounding area and with appropriate tree retention, it should positively contribute to local levels of residential amenity.

4.6 This application is therefore recommended for approval subject to the application of the appropriate conditions. It should however be noted that the proposal does not accord with the adopted Local Plan for the area and the application site is land which the Council has a financial interest as owner. The application would therefore, if Committee are minded to grant, require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Procedure 1997.

118

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


18th September 2002

Mr Colin Gierthy 28 Kenneth Road Greenacres Motherwell MLI 3AN

Mr Gerard McGowan 25 Balgray Road Newton Mearns Glasgow G77 6BQ

Erection of a Single Storey Extension

28 Kenneth Road Motherwell Lanarkshire MLI 3AN

1 : Ladywell (Michael Ross)

274131.656335.

SIPLIBl2Il IAlGLA

None

The application site is unzoned in the Burgh of Motherwell and Wishaw Development Plan 1953, and is zoned as HSG 8 Established Housing Areas in the Southern Area Local Plan Finalised Draft (Modified 2001).

No

Scottish Water (No Objection)


Not Required

Comments:

The applicant seeks detailed planning consent for the erection of a single storey extension onto the rear elevation of 28 Kenneth Road, Motherwell. The applicant is also replacing their front porch. It is proposed to create additional floorspace to the existing kitchen. The application site comprises a semi detached dwellinghouse with an existing front porch and detached garage, which is to the rear of the property's curtilage.

There have been comments raised by the NLC Transportation Section and two letters of representation regarding this proposal. After a full assessment of this application, I consider, that the issues raised can be satisfactorily addressed by planning conditions.

119

PLANNING APPLICATION No. S/02/01306/FUL

ERECTION OF SINGLE STOREY EXTENSION

28 K E N N E M ROAD, GREENACRES, MOTHERWELL * Location of ReDresentors

A

120





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

Background Papers:

Application form and plans received 18th September 2002

Memo from NLC Transportation Section received 4th October 2002 Letter from Scottish Water received 23rd October 2002 Letter from The Occupier,26 Kenneth Road, Motherwell, ML1 3AN received 25th September 2002. Letter from The Occupier,26 Kenneth Road, Motherwell, ML1 3AN received 23rd September 2002.

Burgh of Motherwell and Wishaw Development Plan 1953 Southern Area Local Plan Finalised Draft (Modified 2001)

Any person wishing to inspect these documents should contact Gillian Anderson at 01698 302102.

121


REPORT

1.

1 .I

1.2

2.

2.1

3.

3.1

3.2

3.3

4.

4.1


The application site is a semi-detached dwelling ..ouse at 28 Kenneth Road, lotherwell, which is situated in a CUI de sac with the Greenacres residential area. To the rear of the property is Airbles Road, which is approximately 30 metres from the rear boundary of the dwelling and inbetween is a buffer created by tree planting and vegetation.

The applicant seeks detailed planning consent for the erection of a single storey extension onto the rear elevation of the property. It is proposed to create additional floorspace to the existing kitchen. The replacement of the front porch is also refered to in the proposals.

Development Plan

The application site is unzoned in the adopted Burgh of Motrherwell and Wishaw Development Plan 1953, however due to the fact the Plan is out of date, it is important to view any other material considerations. It is beneficial, therefore, to refer to the emerging Southern Area Local Plan Finalised Draft (Modified 2001) The application site is zoned as Policy HSG8 - Established Housing Areas, so therefore the proposal to erect a single storey rear extension and replace a front porch are acceptable residential uses.


The only comments received from external consultations were made by Scottish Water. They state that they have no comments to make regarding any water issues and the proposed development is served by both foul and surface water sewers.

My Transportation Section have made comments regarding the surfacing of the driveway. They require that the first 2 metre length of the driveway should be surfaced across its full width with an impervious material. This would prevent any deleterious material being carried onto the road. This request has been secured by attaching a relevant condition.

There have been two letters of representation received from the occupiers of 26 Kenneth Road, Motherwell. Their grounds of objection can be summarised as follows:

0 Impact on the Natural Environment; Lack of privacy;

0 Overshadowing Infrastructure problems


The erection of a single storey rear extension and the replacement of a front porch are both acceptable developments within an area defined as policy HSG8 - Established Housing Areas in an emerging Local Plan. This form of development can be classed as a general home improvement and therefore acceptable.

122

4.2 In response to the letters of objection, I can comment as follows:-

* Impact on the Natural Environment - the proposed development is within the curtilage of the applicant's boundary and is not conflicting with any natural form, in terms of a tree or other vegetation. After construction it is still leaving adequate garden ground.

Lack of privacy - the proposed extension is to have two windows, one facing towards the rear of the existing garden and the other facing onto the applicant's driveway, therefore at no point invading the privacy of the residents at 26 Kenneth Road, Motherwell.

0 Overshadowing - the proposed extension is only to project 3 metres in length and is approximately 3.5 metres in distance from the boundary fence with 26 Kenneth Road, Motherwell. I therefore do not anticipate that there will be any overshadowing issues.

Scottish Water detailed there were no water or sewer concerns and I do not anticipate that an extension of this scale will incur any infrastructure problems.

4.3 The proposed extension is a typical householder development and I consider that it is acceptable and it is in accordance with the emerging Local Plan. I recommend that planning permission be granted subject to conditions.

123

S102/01309/FUL Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


13th September 2002

Caron Ann Dickson 77 Jennie Lee Drive Overtown ML2 OEE

Change of Use From Industrial Unit to Sandwich Bar (Class 4 to Class I ) .

Unit 4 347 Orbiston Street Motherwell Lanarkshire MLI IQW

12: Knowetop (William Wilson)

276243 6561 60

SIPLIBI12/17(98)

None

Burgh Of Motherwell and Wishaw Development Plan 1953 - Zoned Primarily for Industrial Purposes Southern Area Local Plan Finalised Draft (Modified 2001) - Policy IND8, Established Industrial Area

No

None


Not Required

Comments:

This application seeks consent for the Change of Use of the Industrial unit at 347 Orbiston Street, to a Sandwich Bar, which is Class 4 to Classl. The site lies within an Industrial zoned area in both the adopted and the emerging local plans and lies directly opposite the entrance to 'Textstyle World'. The applicant proposes to operate a shop selling sandwiches with no hot food preparation on site, to cater for workers from surrounding industrial and commercial uses within the Industrial Estate. The adjacent residential householder at 349 Orbiston Street and two other nearby residents have objected to the proposal on the grounds that it would attract extra traffic to the detriment of road safety and would be an environmental hazard. However, the applicant has identified 5 dedicated parking spaces off the road within the application site and it is envisaged that a significant proportion of clientele will be on foot. Furthermore, as the proposal is for cold foods, with no hot food preparation on site, cooking smell is not considered to be a major issue. Any smells brought about be reheating food can be dealt with through Pollution Control standard measures. This application is therefore recommended for approval subject to the application of the appropriate conditions.

124

,,----. I- -., ._.

.- _.I-* __-.

125


1. That the permission hereby granted is for a temporary period only and shall expire two years from the date of this consent.

Reason: To enable the Planning Authority to retain effective control by reviewing this consent within two years in the interests of residential amenity and road safety.

2. That the five dedicated parking spaces illustrated on the approved plans shall be delineated and appropriately signed to the satisfaction of the Planning Authority prior to the commencement of the use hereby permitted on site.

Reason: To ensure that adequate off-street dedicated parking exists within the site in order to discourage on-street parking in the interests of road safety.

3. That prior to the commencement of operations on site the applicant must submit detailed drawings of the proposed external extraction flue which may be required for re-heating pre- cooked food, to be approved in writing by the Planning Authority.

Reason: To ensure that the premises are adequately ventilated and that fumes and odours associated with re-heating pre-cooked foods are adequately extracted in the interests of residential amenity.

4. That the extractor flue as approved under condition 3 above shall be installed to the satisfaction of the Planning Authority prior to the commencement of operations on site.

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

5. That the Change of Use hereby permitted is from Class 4 (Industrial) to Class l(Retai1) of the Use Classes Order Scotland 1997 and not for hotfood (Class 3) and that the predominant use is as a cold sandwich bar with the subservient use of re-heating previously cooked food.

Reason: In the interests of the proper planning of the site by ensuring that the use of the premises is predominantly as a cold sandwich bar with only a subservient re-heating of previously cooked food, in the interests of residential amenity.

6 . That before the operation of the use hereby permitted, the applicant shall provide a litterbin adjacent to the front door of the premises.

Reason: In order to provide an appropriate receptacle for any discarded wrappings generated as a result of the use hereby permitted, in the interests of amenity.

126

Background Papers:

Application form and plans received 11 th September 2002 Burgh of Motherwell and Wishaw Development Plan 1953 Southern Area Local Plan Finalised Draft (Modified 2001) Memo from NLC Transportation Section received 22nd October 2002 Memo from NLC Protective Services received 8th October 2002 Letter of objection from Winton Brown Solicitors dated 12.09.02 representing 349 Orbiston Street Letter of objection from 436 Orbiston Street dated 18.09.02 Letter of objection from 424 Orbiston Street dated 25 09 02


127


REPORT

1.

1 .I

2.

2.1

3.

4.1

3.2

4.

4.1

4.2

4.3

4.4


This application seeks consent for the Change of Use of the front quarter of an Industrial Unit at 347 Orbiston Street, Motherwell from industrial use to a sandwich bar. The site is surrounded by industrial/commerciaI uses to the north and west, with a stonemasons taking up the other three quarters of the unit and by a dwelling at 349 Orbiston Road immediately to the east. To the south across Orbiston Street is the customer car park for 'Texstyle World'. The applicant proposes to cater for surrounding workers in this mixed industrial, commercial and residential area and operate during daytime working hours from 7am to 3pm. The premises in question is one unit of a complex of units managed by Reid and Orchiston Ltd. The applicant also proposes to provide five dedicated customer parking spaces within the site.

Development Plan

The site is zoned within an Industrial area in both the adopted and emerging local plans.


The Departments Protective Services Section has been consulted and commented that the premises in question will have to be fitted with the appropriate extraction equipment in order to comply with Council standards.

Three letters of objection have been received from surrounding residents at 349, 436 and 424 Orbiston Street. The objections are on the grounds that the proposal will generate additional traffic to the detriment of road safety, that it will lead to smells and litter to the detriment of the surrounding environment and residential amenity and that if approved, it would result in an over- provision of similar uses within Orbiston Street.


It is considered that this proposal has to be assessed in terms of its compatibility with surrounding uses, its effect on road safety and how the proposal relates to similar existing facilities on Orbiston Street.

The site in question is zoned for Industrial purposes in both the adopted and emerging local plans. Although the proposal is not directly related to industry it is considered to be a use which is reasonable to expect in such an area as a use subservient to and supportive of the main industrial and commercial uses.

The objectors have objected on the grounds that the proposal could lead to cooking smells and litter. The proposal is for a cold sandwich bar with no hot food cooking on site. It is expected that some re-heating of previously cooked food such as soup would take place as a secondary activity. However, any such activity, in terms of odours can be controlled by the installation of extraction equipment to the satisfaction of the Council's pollution control section. With regard to litter, the applicant could provide a litterbin by condition of any planning approval.

In terms of road safety, the applicant intends to operate between the hours of 7am to 3pm, Monday to Friday, which is intended to cater for people working within and around the Orbiston Street area. It is envisaged therefore that a significant proportion of customers would walk to the premises. NLC Transportation Section have expressed concerns about customers and delivery

128

vehicles parking on Orbiston Street to the detriment of road safety. However there are no parking restrictions along this part of Orbiston Street, and, the applicant intends to provide five dedicated parking spaces within the site for the use of customers. It is therefore considered that it would be difficult to justify a refusal solely on the basis of road safety.

4.5 The third ground of objection, relating to over-provision is not a material planning consideration.

4.6 It is therefore considered that this application is acceptable, however, due to the nature of the proposed use, it is considered appropriate to condition any approval to a temporary period of two years in order to monitor and review the situation in due course.

4.7 This application is therefore recommended for approval subject to the application of the appropriate conditions.

129

S/02/01314/0UT Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


16th September 2002

Alan Frame 91 Benhar Road Shotts

Erection of Two Detached Dwellinghouses (In Outline)

Land North Of 91 Benhar Road Shotts Lanarkshire


287995 660351

SIPLIBII 7/53(308)/RC/JF


The site is within an Established Housing Area in the Southern Area Local Plan Finalised Draft (Modified 2001).

No

S.E.P.A.(West) Scottish Water British Gas Transco Scottish Power The Coal Authority

1 Letter of Representation

Not Required

(No objection) (Com m en ts) (Com men ts) (No objection) (Com men ts)

Comments:

Outline planning consent is sought for two detached dwellings on the west side of Benhar Road, Shotts, immediately south of the railway bridge on land currently vacant. Open land lies to the west and east, while to the south, a two storey factory unit, open garage and single storey storage building share an access with the house no 91 Benhar Road. A new double width access is proposed to serve the two new dwellings, which emerges within a one-way section of Benhar Road approaching the railway bridge, which is controlled by traffic lights. This would create a danger to road safety. The entire site frontage lies within the affected area, therefore no safe alternative access position can be found to serve the site. I consequently recommend that the application be refused.


1. That the proposed access, lying within the confines of a traffic-signalled one-way area, would have an adverse impact on road safety, and no means of securing safe egress for vehicles exits. The proposed development is therefore contrary to the principles of Policy TR13 of the Southern Area Local Plan Finalised Draft (Modified 2001).

130

Background Papers:

Application form and plans received 16th September 2002

Memo from NLC Transportation Section received 9th October 2002 Memo from NLC Community Services received 20th November 2002 Letter from S.E.P.A.(West) received 14th October 2002 Letter from Scottish Water received 23rd October 2002 Letter from British Gas Transco received 14th October 2002 Letter from Scottish Power received 10th October 2002 Letter from The Coal Authority received 10th October 2002

Letter from James Dick,Mid-Auchengray Farm, Carnwath, Lanark received 3rd October 2002. Southern Area Local Plan Finalised Draft (Modified 2001).


132

APPLICATION NO. S/02/01314/OUT

REPORT

1.

1 .I

1.2

2.

2.1

3.

3.1

3.2

3.3

3.4

3.5

4.

4.1


The application site lies on the west side of Benhar Road, Shotts, immediately south of a railway bridge, across which traffic flow is one way and controlled by traffic lights which are situated immediately to the southeast of the application site. Open land lies to the east and west of the site, with an access gate to a field situated along the western site boundary. To the south lie a two storey factory unit, an open garage and a single storey storage building grouped around a courtyard to the rear of No 91 Benhar Road, which all share an existing access, immediately south of the application site. To the south of No 91 lie other cottage style dwellings.

Outline planning consent is sought to erect two detached dwellings, to be served by a new access from within the one-way section of Benhar Road. No design details have been submitted, although the application describes the proposal as for cottage style dwellings, and a proposed layout is shown on the site plan.

Development Plan

The site is zoned within an Established Housing Area in the Southern Area Local Plan Finalised Draft (Modified 2001).


The most significant consultation response on this application is from NLC Transportation Section. They recommend refusal for road safety reasons as there is no safe method of securing egress from the proposed development. Egress to a signal controlled area is unacceptable under current legislation and government guidelines and there is no scope to move the signals due to the bridge restrictions and available road widths.

NLC Community Services have commented on the need to secure a suitable front boundary treatment by condition.

Scottish Water and SEPA have both commented on the need to secure a proper connection from the development to the public sewer. The Coal Authority note that the site is within the zone of influence of previously worked coal seams. All these comments could satisfactorily be addressed by informatives to the applicant, in the event of approval of the application.

Scottish Power and Transco have no objections or requirements concerning this proposal.

One third party letter of representation has been received from the owner of the field to the west of the application site. He has no objection provided an access gate to his land along the mutual boundary with the application site remains unaffected.


The application site lies within land identified as established housing land in the latest local plan and there is therefore no objection in principle to residential development. The Council’s open space and parking standards could be met and I am satisfied the plot could accommodate two small cottage-style detached dwellings of suitable design.

133

4.2 Of primary concern, however, in the assessment of this application is the consultation reply from my Transportation Section. The proposed development lies within the confines of a traffic signal installation. This is not acceptable under current legislation and government guidelines controlling such an installation. The Transportation Sections comments add that there is no safe method of egress from such a situation, nor is there scope to move the signals, nor to create any safe means of access by sharing the existing access of premises to the south. Whilst the signalised one-way section remains outside the application site, I would recommend refusal of this application on road safety grounds.

4.3 Concerning the additional issue of an existing access gate along the western site boundary serving land to the west, which has been raised in a third party representation, this does not affect my assessment of the application. This access could be maintained only with agreement of the applicant, who has stated that he owns all of the current site.

4.4 In conclusion, I recommend refusal of this application for the road safety reasons detailed in my report.

134

Application No:

Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


SlO21013261ADV

9th October 2002

Shotts Motor Auctions Ltd Stane Road Shotts ML7 5NH

Display of Non-Illuminated Directional Sign

Land North East Of Stane Road Junction A 71 Shotts

17: Stane (Frank Gormill)

288590658494

S/PL/Bl7/57(2)/RT/M J


The site lies within an area covered by policy ENV8 (Countryside Around Towns) within the Southern Area Local Plan Finalised Draft (Modified 2001).

No

None Received

Not Required

Comments:

This application seeks express consent for the erection of a directional hoarding adjacent to the A71 Shotts to Edinburgh Road and running parallel with Stane Road, Shotts. The hoarding would be a non- illuminated free standing hoarding and located within an agricultural field.

Policy ENV 17 on Advertisement contained within the Southern Area Local Plan Finalised Draft (Modified 2001) recognises both the positive and negative effect hoardings can have on the visual environment.

In this particular case it is considered that the proposed hoarding is unacceptable on the grounds of road safety and visual amenity of the area. The Transportation Section recommend that the application be refused as the hoarding would act as a distraction to drivers on the A71 Shotts to Edinburgh Road and also affects the visibility splay from Stane Road onto the A71.

In addition the hoarding is also considered to be detrimental to the general environment mainly by virtue of its appearance, size and conspicuous position adjacent to the busy main route from Shotts to Edinburgh. It should be noted that the premises to which the proposal relates are located close by and can be readily seen from the main road. It is recommended that consent be refused for the proposal.

135

PLANNING APPLICATION No. S / 02 I01326 / ADV rkshire Ccuntll

Rqdvd b D m l n O l d l a J u w . l m q p i r . r l h k p m i s s b d k C a t d l r d h r U . l r V t Y i a n a OClW" roplrrr UII1b1*.d,*.&dml Mlinprcram ropl'ishl md m q h d ! o p m ~ - v h ~ l s l r l l p r D & l r p

A DISPLAY OF NON-ILLUMINATED DIRECTIONAL SIGN

LAND NORTH EAST OF STANE ROAD I A71 JUNCTION, SHOTTS

136


1. That the proposed hoarding would adversely affect road traffic safety in that it would act as a distraction to drivers on the A71 Shotts to Edinburgh Road and affect the visibility splay for drivers leaving Sane Road.

2. That the proposed hoarding would be seen as a conspicuous feature on the site thereby being detrimental to the visual amenity of the surrounding area and as such it is not supported by Policy ENV 17 of the Southern Area Local Plan Finalised Draft (Modified 2001).

Background Papers:

Application form and plans received 30th August 2002 Southern Area Local Plan Finalised Draft (Modified 2001) Memo from NLC Transportation Section received 8th November 2002

Any person wishing to inspect these documents should contact Rosaleen Toal at 01 698 302128.

137


Date Registered:

Applicant:

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


2nd October 2002

Ms J Chalmers 29 Alexander Gibson Way Motherwell MLI 3FA

Change of Use From Shop to Restaurant With Take-Away

36 Caledonian Road Wishaw Lanarkshire ML2 8AR

8: Stewarton (John Moran)

279620.654975.

SlPLlBl0135lRT

S/0101562/FUL Change of Use of Vacant Shop to Caf6 granted 22nd March 2002

The site is covered by Retail and Commercial policies in the Southern Area Local Plan Finalised Draft (Modified 2001).

No


18 October 2002

Comments:

This application seeks planning permission for a change of use of vacant shop to restaurant with takeaway at 36 Caledonian Road, Wishaw. Eight letters of objection have been received from surrounding neighbours in relation to this application and the comments are detailed in my accompanying report, For reasons contained in my report it is recommended that planning permission is refused.


1, That the proposed Restaurant and Take away would encourage on-street parking at Caledonian Road in the vicinity of a bus stop resulting in congestion at a busy location all to the detriment pedestrian and of road safety.

2. That the proposed Restaurant and Take-away would be liable to give rise to the generation of fumes, noise and general disturbance outwith normal business hours to the detriment of the amenity of the adjacent residents.

138

rkshire Wldl

CHANGE OF USE FROM SHOP TO RESTAURANT WITH TAKE -AWAY

36 CALEDONIAN ROAD, WISHAW * Location of Representors

M

139

Background Papers:

Application form and plans received 2nd October 2002 Southern Area Local Plan Finalised Draft (Modified 2001) Memo from NLC Transporation Section received 18th October 2002 Memos from NLC Protective Services received 8th November 2002 and 5 November 2002

Letter from Kwai S Chung,Sun Kong Chinese Take Away, 15 Caledonian Road, Wishaw, ML2 OAP received 28th October 2002. Letter from Owner/Occupier,40 Caledonian Road, W ishaw received 29th October 2002. Letter from The Owner/ Occupier,l6/18 Caledonian Road, Wishaw received 30th October 2002. Letter from Caroline Muir,34 Caledonian Road, Wishaw, ML2 8AR received 30th October 2002. Letter from W Bell,Florist, Caledonian Road, Wishaw received 30th October 2002. Letter from Caroline Muir,34 Caledonain Road, Wishaw, received 31 st October 2002. Letter from Gerard Tuite,Optician, 74 Caledonian Road, Wishaw received 31 st October 2002. Letter from Salvatore Faccenda,ll2 Kirk Road, Wishaw received 6th November 2002.

Any person wishing to inspect these documents should contact Rosaleen Toal at 01698 302104.

140


REPORT

1.

1 .I

1.2

1.3

2.

2.1

2.2

3.

3.1

3.2

3.3

3.4


The application site is situated within the Town Centre Area of Wishaw. The property is part of a tenemental building, surrounded on either side by shops with housing above. The unit is currently vacant although planning permission was granted on 22 March 2002 for a caf6.

The applicant is seeking planning permission to change the use of the shop to restaurant with takeaway.

It should also be noted that two similar planning applications were submitted to the Planning Department in 1994 and 1999 for the change of use from shop to hot food shop at 38 Caledonian Road. Both applications were refused permission on traffic and amenity grounds and subsequent planning appeals were dismissed.

Development Plan

The application raises no strategic issues and therefore the Development Plan is established through the Local Plan.

The application site is located in an area covered by policy TRL5 (Town Centre Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001).

Consultations and Remesentations

Consultation took place with both NLC Transportation Section and Protective Services.

The Transportation Section has recommended that the application be refused as the proposal would result in further congestion at a busy location.

Protective Services have no objections to the proposal subject to the development complying with health and safety legislation and that the ventilation system does not exceed Noise Rating Curve 35 between the hours of 7.00am and 10pm and Noise Rating Curve 25 at all other times.

Eight letters of objection have been received in connection with the proposal. The main points of objection are on the following grounds:

(a) The proposed restaurant and take away will lead to increased traffic, parking and congestion problems for residents on Caledonian Road. The proposed restaurant will lead to bottle neck congestion at the traffic lights. The area is already saturated with fast food outlets and additional outlets will only lead to the detriment of the existing businesses. The proposed restaurant will cause air pollution due to bad smells from food extractor vent. The proposed restaurant and take away will be detrimental to the value of the housing and properties nearby as it will lead to increased smells, rubbish and disturbance out with normal business hours. The production of food may taint the cloths and fabrics within nearby premises and housing.

(b) (c)

(d )

(e)

(f)

141

4. Plannina Assessment and Conclusions

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

4.2 The site lies within an area covered by Policy RTL5 (Town Centre Areas) with the Southern Area Local Plan Finalised Draft (Modified 2001) which accepts changes of use to Restaurant and Takeaways where they do not adversely affect the character and amenity of the Town Centre Areas. In addition Policy RTL l l (Bad Neighbour Developments) also sets out the criteria for assessing such applications as restaurants as follows:

1) the impact upon the character and amenity of the adjoining area 2) the resulting mix of retail and non retail uses 3) detailed design considerations 4) provisions for vehicular access, servicing, parking and the impact on pedestrian safety and

traffic circulation

4.3 In assessing this particular proposal, it is considered that the relevant determining factors are whether the restaurant and take away is acceptable in terms of location, traffic safety and effect on adjoining neighbours. As the application site is located within the town’s main commercial area, it is considered that the proposed development is an acceptable use consistent with others in the general area. However the application site is located within 50 metres of the traffic signals at Wishaw Cross and is in the vicinity of a bus stop. Furthermore traffic restrictions prohibit waiting and loading in the vicinity of the site. In addition, the Transportation section have advised that the necessary parking provision is not available within the application site boundary. Even if the applicant had control over the yard space to the rear of the building the pend access is too narrow to allow two vehicle to pass each other. The proposals would result in further congestion at this already busy location to the detriment of pedestrian and road safety. It is important to note this position has already been supported by the Scottish Ministers on appeal and the only reason consent for a cafe was granted in 2002 was that the nature of the business was such that it would not attract vehicles to park on Caledonian Road.

4.4 The application site occupies the ground floor of the building with residential properties above. Although the amenity of the residents is already affected by the nature of the location if it is considered that the development would give rise to the generation of fumes, noise and general disturbance outwith normal business hours to the detriment of the surrounding properties.

4.5 In view of the above I consider the proposed development to be contrary to policies RTL5 and R T l l of the Southern Area Local Plan Finalised Draft (Modified 2001). I would therefore recommend that permission is refused.

142

S1021013811FUL Application No:

Date Registered:

Applicant :

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


3rd October 2002

Miss Joan Duffy Grathellen Court 309 Merry Street Motherwell Lanarkshire MLI 4BQ

Formation of Hard Surface to Park Private Motor Vehicle. (In Retrospect)

Grathellen Court 309 Merry Street Motherwell Lanarkshire MLI 4BQ

2: Calder Valley (Vincent Mathieson)

276036.657697.

SIPLIBISII (257)IJODIM J

No relevant history.

Residential in Burgh of Motherwell and Wishaw Development Plan Established Housing Area Southern Area Local Plan, Finalised Draft, (Modified 2001) No


Not Required

Comments:

The applicant seeks planning permission (in Retrospect) for the formation of a hard surface to park a private motor vehicle. The site is the garden area of a ground floor flat, within a two storey flatted terraced building in a small cul-de-sac, on the north west side of Merry Street. An area for car parking and a public footpath connecting Grathellen Court with Merry Street are immediately adjacent to the site.

There have been two letters of objection received from neighbours. The issues raised concerned pedestrian safety, unsightly and a detrimental impact on the residential amenity of the area. Also raised were non-planning issues of fire hazard and legal right to park in the location.

The formation of a means of access to the street, in this situation, is permitted development under the Town and Country Planning (General Permitted Development)(Scotland) Order 1992, Class 8, and the parking of the motor vehicle is an incidental use, therefore planning permission is not required for the parking of the vehicle. Notwithstanding it is considered that the parking of the vehicle will not exacerbate any pedestrian safety issues within the area, as there is limited pedestrian movement through the area and the site has no fencedgates to the front raising issues regarding visibility.

143

The use of a garden of a dwelling for parking of a private vehicle is an incidental use in residential areas. It is therefore considered that the proposal will not have a detrimental impact on the residential character or visual amenity of the area. In addition NLC Transportation Section have raised no objections to the proposal. Therefore notwithstanding the representations made, it is recommended that permission be granted.


1. 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 front of the dwellinghouse hereby permitted and the adjoining road.

Reason: To enable to the Planning Authority to retain effective control, in order to safeguard the pedestrian and vehicular safety within the area.

2. That the first two metres of the hard standing hereby permitted, beyond the limit of the adjoining road, shall be surfaced in an impervious material.

Reason: To ensure that no loose materials are carried on to the footpath and road, in order to safeguard the pedestrian and vehicular safety within the area.

Background Papers:

Application form and plans received 3rd October 2002

Memo from NLC Transportation Section received 1st November 2002

Letter from Mrs E Bulloch, 307 Grathellen Court, Merry Street, Motherwell received 8th October 2002. Letter from Mrs Linda Honess, 313 Grathellen Court, Merry Street, Motherwell received 4th October 2002.

Any person wishing to inspect these documents should contact John Drugan at 01698 302136.

145

Application No:

Date Registered:

Ap pi i can t :

Agent

Deve I o pme n t :

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


Comments:

S/02/01391/FUL

8th October 2002

Hutchison 3G UK Ltd C/o Montagu Evans

Montagu Evans 216 West George Street Glasgow G2 2PQ

Erection of a 12.5m Slimline Monopole With Tri-Sector Antenna and Associated Equipment Cabinets

Grass Verge North West Of 228-240 Liberty Road Bellshill Lanarkshire

24: Bellshill North (Harry McGuigan)

2731 82 659669

S/PL/B/7/37(99)J D/MJ

Planning Permission granted on 14'h November 2001 for 40 dwellings directly north of the application site, Application No. S/01/01176/FUL

The proposed development is covered by Policy CS6 (Telecommunications Development) of the Southern Area Local Plan Finalised Draft (Modified 2001)

No

The Radio Communications Agency (no objections) Bellshill Community Council (no objections) NLC Education (objection) 1 Representation Letter

Not Required

Planning Permission is sought for the erection of a telecommunications mast and associated equipment off Liberty Road, Bellshill. The mast will be of monopole style and will resemble a lamp post 12.5 metres in height. The equipment cabin will be similar in size to an electricity switch box. The declaration of conformity with ICNIRP guidelines has been submitted. There have been two objections to the proposal, one of which was received from Harry McGuigan, the local Councillor for the area. Notwithstanding the objections, I recommend that consent be granted subject to conditions.

146

Orbiston

~ M K Park

147


1.

2.



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

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

Background Papers:


Memo from NLC Education received 7'h November 2002 Memo from NLC Transportation Section received 14th November 2002 Memo from NLC Protective Services received 28th October 2002 Letter from The Radio Communications Agency received 22nd October 2002 Letter from Mr Foy (Secretary), Bellshill Community Council received 29th October 2002

Declaration of Conformity with ICNIRP Public Exposure Guidelines dated 3rd September 2002

Any person wishing to inspect these documents should contact Joanne Delaney at 01698 3021 37.

148


REPORT

1.

4.1

4.2

4.3

2.

2.1

3.

4.1

3.2

4.

4.1

4.2


Planning consent is sought for the erection of a telecommunications mast and associated equipment off Liberty Road, Bellshill. The mast will be of monopole style and will resemble a lamp-post, albeit it will be 2.5 metres higher than a conventional lamp-post. The two equipment cabins measure 2 metres wide by 1 metre deep and 1.5 metres high; and 0.8 metres wide by 0.4 metres deep and 1.1 metre high respectively and will be similar in size to an electricity switch box.

The mast and equipment were originally to be located 20 metres further south east of the finalised application site although still positioned within the grass verge and adjacent to the public footpath. The reason for re-location was due to a previous planning consent (Application No. S/01/01176/FUL) for 40 dwellings which meant that the original location would be only metres from the access road leading to the new development. The Transportation Section were concerned that the equipment cabins may conceal small children waiting or approaching the new road to the detriment of pedestrian and vehicular safety especially given that the adjacent footway forms part of the Safer Routes to School initiative for sacred Heart Primary School. In light of these concerns, the applicant was happy to amend the location of the site.

The application site currently fronts a wide expanse of protected open space to the north; however this will be developed as 40 new dwellings as per consent No. S/01/01176/FUL as noted above. To the south of the application site lies a public park whilst residential estates lie to the east and west.

Development Plan

The proposed development is covered by Policy CS6 (Telecommunications Development) of the Southern Area Local Plan Finalised Draft (Modified 2001).


No objections were received from The Radio Communications Agency and Bellshill Community Council.

Objections were received from NLC Education and local councillor Harry McGuigan on the grounds of public health and safety; and amenity grounds respectively.


With regard to the objections raised, I have the following comments to make. Recent guidance from the Scottish Executive, under National Planning Policy Guideline (NPPG) no. 19: Radio Telecommunications, makes it clear that radio frequency (RF) emissions are controlled by other legislation and authorities (the DTI, the Radiocommunications Agency and the Health and Safety Executive) and therefore, RF emissions (as a health concern) are not a material consideration. In addition, the applicant has submitted the required ICNIRP certificate confirming that the installation will conform to recognised safety standards.

The key issues to be addressed through the planning system as stated in NPPG19 relate to the siting and design of the telecommunications equipment. Given that the proposal is for monopole style of mast its impact upon the streetscene will be minimal and is not considered

149

detrimental to the amenity of the area. I consider that the applicant has made a reasonable attempt to locate equipment in an area which will provide coverage whilst minimising visual intrusion of the equipment. I therefore recommend that planning permission be granted.

150

S/02/0141 O/AMD Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


Comments:

21 st October 2002

H J Banks And Company Limited Suite 71-73 Fountain Business Centre Ellis Street Coatbridge ML5 3AA

H J Banks And Company Limited lnkerman Road Tow Law Bishop Auckland CO Durham DL13 4HG

Application to Reword Condition 2 of Planning Permission No. S/01/00122/AMD Without Increasing the Number of Days on Which Blasting Will Take Place

Watsonhead Opencast Site Morningside Road Newmains Wishaw Lanarkshire

17: Stane (Frank Gormill)

2841 00 654409

SlPLIBl311 OllDRMlMJ

S/97/00625/MIN - Planning Consent granted in February 1997 for opencast coal extraction. S/01/00122/AMD - Permission granted on Appeal in July 2002 for Controlled Blasting at Watsonhead.

Within a Preferred Area for Opencast Coal Extraction in the Southern Area Local Plan Finalised Draft (Modified 2001)

No

None


23rd October 2002

This application seeks to reword condition 2 of planning permission no S/01/00122/AMD. The condition was imposed by a Reporter appointed by the Scottish Ministers to determine a Public Inquiry in respect of whether or not blasting operations should be allowed at the Watsonhead Opencast site. The condition currently states that permission for blasting would subsist only for a period of nine weeks from the date of commencement of blasting operations. The applicant wishes to amend the wording to limit the period of production blasting to 41 days. A number of representations have been received in respect of these proposals. My comments on both the representations and the proposal are detailed in the attached report. I recommend that permission should be granted and the wording amended. It should be noted that one of the objectors has asked for a Hearing.

151

PLANNING APPLICATION No. S/02/01410/AMD

APPLICATION TO REWORD CONDITION 2 OF PLANNING PERMISSION No, S/01/00122/AMD TO ALLOW BLASTING

WATSONHEAD OPENCAST SITE, MORNINGSIDE ROAD, NEWMA NS, W ISHAW

Jc Location of ReDresentors

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mnem6210 F~ ojm6imz

CLMBWN4UW a7 I h v

08 Llsn6eU00041L

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A rkshire

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152

Recommendation: Grant Subject to the Following Conditions: - 1. That production blasting operations shall only take place during a period of 41 days

commencing with the date of commencement of production blasting, as notified to the Planning Authority in accordance with condition 4 of planning permission no. S/01/00122/AMD but excluding any days on which blasting is precluded by condition 13 of planning permission no. S/01/00122/AMD and the period between 20th December 2002 and 7th January 2003.

Reason: To limit the duration of the production blasting, which is temporary in nature, and to limit the duration of potential disturbance to neighbouring residents.

Background Papers:

Application form and plans received 21 st October 2002

Letter from Reporters Unit dated 8th July 2002 Letter from Charles F Young,l5 Holding, Cathburn Road, Morningside, Newmains, ML2 9QL received 31st October 2002. Letter from Mark Smillie,Oakfield Cottage, 41 Mill Road, Morningside, ML2 9QR received 4th November 2002. Letter from M Smith,l4 Cathburn Holdings, Morningside, Newmains received 7th November 2002. Letter from Jack Smith,l4 Cathburn Holdings, Morningside, Newmains received 7th November 2002. Letter from John Smyth,297 Morningside Road, Morningside, Newmains received 7th November 2002. Letter from H M Smyth,297 Morningside Road, Morningside, Newmains received 7th November 2002. Letter from J Davidson,327 Morningside Road, Morningside, Newmains received 7th November 2002. Letter from C Davidson,327 Morningside Road, Morningside, Newmains received 7th November 2002. Letter from J Cathcart,331 Morningside Road, Morningside, Newmains received 7th November 2002. Letter from Christine Cathcart,331 Morningside Road, Morningside, Newmains received 7th November 2002. Letter from Hayley Smyth,297 Morningside Road, Morningside, Newmains received 7th November 2002. Letter from C McPherson,326 Morningside Road, Morningside, Newmains received 7th November 2002. Letter from Mary McPherson,326 Morningside Road, Morningside, Newmains received 7th November 2002. Letter from Mr John Hislop,299 Morningside Road, Morningside, Newmains, ML2 9QS received 7th November 2002. Letter from Mrs J Hislop,299 Morningside Road, Morningside, Newmains, ML2 9QS received 7th November 2002. Letter from Mrs R Kelly,301 Morningside Road, Morningside, Newmains received 7th November 2002. Letter from Mr R Kelly,301 Morningside Road, Morningside, Newmains received 7th November 2002. Letter from Morningside Residents Association,l 1 Cathburn Holdings, Newmains, Wishaw, received 14th November 2002. Letter from Karen Whitefield M.S.P. received 21" November 2002

Any person wishing to inspect these documents should contact David Miller at 01698 3021 15.

153

APPLICATION NO. S10210141 OlAMD

REPORT

1.

1 .I

1.2

1.3

2.

2.1

3.

3.1

3.2


This application seeks consent to amend the wording of a condition regulating the period of blasting which can take place at the Watsonhead opencast coal extraction site. The condition which the applicant wishes to amend is condition no. 2 of permission S/O1/00122/AMD and was imposed by the Reporter following a Public Inquiry in ApriVMay 2002. The condition states:

“2 This permission shall subsist only for a period of nine weeks from the date of commencement of blasting operations”.

The reason the Reporter imposed this condition was:

“To limit the duration of the development, which is temporary in nature, and to limit the duration of potential disturbance to neighbouring residents”.

The applicant wishes to reword this condition to state the following, “Production blasting operations shall only take place during a period of 41 days commencing with the date of commencement of production blasting, as notified to the Planning Authority in accordance with Condition 4 but excluding any days on which blasting is excluded by condition 13 and the period between 20th December 2002 and 7‘h January 2003”. The reason the applicant wishes to reword the condition is to reflect the fact that certain parts of the process of monitoring the blasting operations are outwith their control and that the blasting operations are totally undesirable during the Christmas or New Year period.

It should be noted that at present there is no coal extraction from the Watsonhead site. There is, according to the applicant, approx. 85,000 tonnes of coal remaining to be extracted. This represents approx. 20% of the total reserves to be extracted from the original site, with 80% of the reserves having already been extracted by traditional opencast mechanical methods. However, to remove this remaining 20% of the reserves it is, according to the applicant, necessary to blast a 5.4 hectares part of the site in order to break up the solid rock cover that is above the remaining coal.

Development Plan

The site is zoned as a Preferred Area for Opencast Coal Extraction in the Southern Area Local Plan Finalised Draft (Modified 2001). Most of the coal has now been extracted. It should be noted that the Town and Country Planning (Scotland) Act 1997 at section 42 deals with applications for planning permission for the development of land without compliance with conditions imposed in a previous planning permission. The section provides that on such applications the Planning Authority shall consider only the question of the conditions subject to which planning permission should be granted.


There have been no consultations undertaken in respect of this application given the nature of the proposal.

The application has been duly advertised and neighbour notification procedure undertaken in accordance with the relevant statutory requirements. As a result 17 individual letters of representation have been received together with 1 letter from Morningside Residents Association and 1 letter from the local MSP, Karen Whitefield. The basis of these representations may be summarised as follows:

a) The Reporter’s decision was final and if the decision has to be accepted by the residents then it should also be accepted by H.J.Banks.

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b)

c)

There is sufficient time after the New Year holidays without any further Public holidays to permit the blasting to be completed within nine weeks. The Reporter in granting permission for blasting was most particular that the period of blasting be contained to a specific period of time, to get it over and done with, the period being 45 days over a period of nine weeks. As North Lanarkshire Council originally refused the company permission to blast and had that refusal overturned at Public Enquiry, the Council should now enforce the Reporter’s decision and refuse to reword Condition 2. Whether North Lanarkshire Council have the right to consider changes to the previous decision and if so can new evidence be taken into consideration. Any alteration to the condition must have the effect of increasing the period over which blasting takes place and thus increasing the disturbance to the residents of the village. This is contrary to the intentions of the Reporter who wished to limit the potential disturbance to residents.

d)

e)

3.3 In addition to the above points one of the residents requests that due to the seriousness of the matter, the public interest involved and the extensive background to the application this matter be dealt with by a Hearing.

4. Plannina Assessment and Conclusions

4.1 It is important that the Planning Authority consider only the issues associated with the condition the subject of this application. To do that it is necessary to review the history of the site, to determine the intentions behind the condition imposed by the Reporter, and then to examine how this matter may be resolved in a fair and practical manner.

4.2 Following the grant of planning permission in 1997 work commenced on the extraction of coal from this site. The method of extraction was based on traditional measures and specifically excluded, with the applicant’s agreement, any blasting operations on site. In early 2001 the applicant considered it necessary to undertake blasting within part of the site where it was considered that the rock structure was too solid to enable the overburden to be removed by traditional mechanical methods. An application for planning permission for controlled blasting to break up hard sandstone overburden was submitted in February 2001 and following a Site Visit and Hearing was refused by the Council on 14‘h May 2001. It should also be noted that 2 of the residents had taken out an Interdict preventing the applicant undertaking any blasting operations (test blasting or otherwise) unless they first obtained in writing planning permission from the appropriate planning authority and adhere strictly to the conditions attached to such a permission.

4 .3 Following the refusal of planning permission the applicant lodged an appeal and a Public Inquiry was held in AprillMay 2002. On the 8‘h July the Reporter issued a decision upholding this Appeal subject to a total of 14 conditions. As is normal procedure in such appeals the Reporter asked the Council to submit draft conditions on a without prejudice basis and the appellants made comments on these draft conditions. It is important to note however that this Condition 2 relating to the time-scale for blasting operations was not submitted by or commented upon by any party.

4.4 In improsing the condition it seems reasonable to conclude that the Reporter took account of the evidence submitted by H.J Banks that “37 blasts are required and it is proposed to carry out a maximum of 5 blasts per week (not more than one blast per day) over approximately 8 weeks”. In addition the Reporter will have taken into consideration the fact that initial trial and test blasts would be required before the above mentioned production blasting takes place. As the Reporter was also minded not to allow blasting at weekends or Public holidays this gives this period of nine weeks, i.e. a maximum of 45 days. It is also clear, as the residents point out, that the Reporter was minded to ensure that disruption to the residents was minimised and that the whole operation should be over and done with in the minimum continuous period. Thus his conclusion was for a period of 9 weeks rather than specifying, say, 45 days over an unspecified period of time.

4.5 The Reporter and all parties agreed that an initial trial blast would take place, that this would be monitored and the resultant implications of the monitoring would be fed into 3 test blasts.

155

Following the test blasting, monitoring results would be given to NLC within 48 hours and a production blast design provided for approval. The Council has already appointed its own independent consultants to check both the trial and test blasts and thereafter to advise the Council if the test blasts are acceptable or require modification. It is apparent from this process that the actual trial and test blasts and the production of results will take at least 4-6 days and that thereafter there will need to be a period of assessment by the Council’s consultants and, if required, negotiation with H.J. Banks in order to achieve an agreed and acceptable design for the production blasting. These design modifications, if required, must be in the interest of residents as the intention from the Council’s viewpoint will be to minimise the noise, dust and vibration impact. As the period for assessment and negotiation is not known and is largely outwith the control of H.J.Banks, it is clear that the applicant is almost certainly in a practical sense unable to meet the terms of the Reporter’s condition.

4.6 The final consideration by the applicant is that they have no desire to work or impose on the local community any workings between 20th December and 7‘h January. Given the time-scale in determining this application this may now be academic but nevertheless is a consideration which I’m sure all parties would wish to see upheld.

4.7 In conclusion therefore I have some sympathy with the residents, some of whom undoubtedly feel that once a decision is reached it should be adhered too. I consider that the Reporter, while trying to minimise any impact on the residents, failed to give due consideration to the practical implications of the processes involved in complying with all the other conditions. In the light of the above it is apparent that the applicant cannot comply with the terms of the condition. In preparing their alternative wording the applicant has stressed their intention is not to extend the period of production blasting beyond that previously stated and I would agree with this. I therefore conclude, given the amendment to the condition is designed to facilitate a practical period for monitoring, reassessment , and redesign (if required) of the trial and test blasts, and that all these measures are designed to protect the local community that permission should be granted to the proposed revised wording. In reaching such a conclusion I feel I have covered the points raised by the objectors and as noted in para. 2.1 above, consider it entirely correct for the Council to consider and determine any application submitted to it together with all the evidence presented by any party in respect of that application.

156

Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


18th October 2002

Mr J Devitt & Miss M Sutherland 30 Dalveen Drive Uddingston G71 6BX

SAS Design Stuart W MacGill 21 Lembert Drive Glasgow G76 7NQ

Erection of Dwelling House

48 Calderbraes Avenue Uddingston Glasgow

21 : Tannochside (David Saunders)

26921 4 661 787

S/PL/B/9/75(2)/(94 )/AM CL/J F

Consent granted on 2 separate occasions for a dwelling on this site.

Zoned residential on both the Uddingston - Tannochside Town Map and the Southern Area Local Plan Finalised Draft (Modified 2001) No

None


Not Required

Comments:

This application is for the erection of a house in the garden ground of 48 Calderbraes Avenue. A consent for a house on this site was granted in August 2001. This application is also for one house but of a different style to that previously granted. One objection has been received from a neighbour and their grounds of objection are detailed in the attached report. I recommend that permission be granted subject to conditions.




157

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


3. That, notwithstanding condition no. 2 above, before the dwellinghouse hereby permitted is occupied, a 2 metre high screen fence shall be erected along the boundary marked ORANGE on the approved plans.

Reason: To protect the privacy of proprietors of the adjoining dwellinghouse.

4. 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, including any modifications as may be required.


5. That before the development hereby permitted is occupied, the means of vehicular and pedestrian access shall be constructed in accordance with the approved plans.


6. That the driveway of the dwellinghouse hereby permitted shall not exceed a gradient of 10%.


Background Papers:


Memo from NLC Transportation Section received 7th November 2002

Letter from Tony Reynolds, 5 Glencroft Avenue, Uddingston, G71 6EG received 8th November 2002.

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

159


REPORT

1.

1 .I

1.2

2.

2.1

3.

3.1

3.2

4.

4.1

4.2


This application is for the erection of two storey house in th garden ground of N 46 Calderbraes Avenue, Uddingston. The application- site measures approximately 370 square metres, is vacant and overgrown and is sloping in nature. Within the vicinity of the application site there is a mixture of house styles, predominantly of two storey.

This is the third application for a dwellinghouse on this site -the first was granted in April 2000, with a second in August 2001 for a different design. The design has changed again with a two storey house proposed. Because of the sloping site there will be considerable under-building at the rear of the proposed house but this is not unusual within this area. To reduce overlooking the upper floor windows at the rear will be opaque glazed as they serve a bathroom or en suite facilities.

Development Plan

The site is located within an established residential area on both the Uddingston-Tannochside Town Map and the Southern Area Local Plan Finalised Draft (Modified 2001) and as such the principle of residential development is acceptable.


Consultations had been undertaken with previous applications and had raised no issues.

One letter of objection was received from a neighbouring house. The neighbour raised the following points:

Overshadowing of Garden Privacy Drainage


With regard to the objection letter:

The proposed development will lie to the north of the objector's garden thus will not cause any overshadowing of his garden. The objector's house lies to the rear of the proposed development and as such is in an exceptional position in that there is no house beyond his rear boundary, unlike most of his neighbours on this side of Glencroft Avenue. The concerns raised regarding privacy have been addressed by the only windows on the rear elevation having opaque glazing and a condition regarding the erection of a two metre high fence on the rear common boundary. The issue of drainage cannot be dealt with under the planning system.

The construction of a dwellinghouse in this location is acceptable in Development Plan terms, however, consideration requires to be given to the impact of such a proposal on existing and future neighbours. I am satisfied that the proposal is acceptable in terms of privacy, garden ground, parking, design and scale. I therefore recommend that permission be granted subject to conditions.

160


Date Registered:

Applicant:

Agent

Development:

Location :

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:


Consultations:

Representations:


22nd October 2002

Orange PCS Ltd Masterton Way Tannochside Park Uddingston G71 5PT

Drummonds Mount Melville House S t Andrews KY16 8NT

Installation of Telecommunications Equipment on Building.

Mecca Playhouse Bingo Kirk Road Wishaw Lanarkshire ML2 7BL

7: Belhaven (Sam Love)

279757.655130.

S/PL/B/l0/24/RC/M J

S/02/00415/FUL, Erection of 3 sector antenna, 1 microwave dish (inside a false chimney), and equipment cabinets granted 05.06.02

Within Wishaw Town Centre in Southern Area Local Plan Finalised Draft (Modified 2001). Policy CS6 on Telecommunications Development applies.

No

1 letter of representation

Not Required

Comments:

The application seeks consent for the erection of six polar antennae, one 600mm microwave dish and a cable tray on the roof and upper rear and side walls of the Mecca Bingo building at 59-69 Kirk Road, Wishaw. All of this equipment would be shrouded with GRP covers, printed to match adjoining brickwork, with the dish and one antenna inside a new false chimney and the other antennae located on the upper rear and side walls. Equipment cabinets would be sited on a lower flat roof at the rear of the building.

This application is designed to site share with a similar proposal for well-hidden telecommunications equipment for Hutchison 3G, which was approved in June 2002 and is already in place. One letter of representation has been received, from Councillor Love, who considers that the application should be refused on health and safety grounds and, in view of the surrounding land uses. Nonetheless, the proposal has been carefully designed to be unobtrusive, it contains the necessary health and declaration and I recommend approval.

161




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

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

3. That the facing materials to be used on the chimney hereby permitted shall match in colour and texture those of the existing building.

Reason: In the interests of visual amenity.

Background Papers:

Application form and plans received 22nd October 2002

Letter from Councillor Sam Love received 27'h November 2002 Southern Area Local Plan Finalised Draft (Modified 2001) National Planning Policy Guidance 19 Radio Telecommunications Planning Advice Note 62 Radio Telecommunications


163

APPLICATION NO. S1021014561FUL

REPORT

1.

1 .I

1.2

1.3

1.4

2.

2.1

2.2

3.

3.1

4.

4.1

4.2

DescriDtion of Site and ProDosal

This application seeks consent for the erection of six polar Antennae and one microwave dish and associated equipment cabins and cabling on the roof of the 'Mecca Playhouse Bingo Hall', Kirk Road, Wishaw.

The applicant, Orange PCS Ltd, propose to install one antenna and the dish within a fake chimney to be constructed on the southwest side of the building, behind an existing fake

chimney. The proposed new fake chimney structure projects 3 metres up from the existing wall head and is 2.5 metres below the height of the existing roof ridge. The applicant proposes to erect the other antennae on the upper rear and side walls of the building, coloured to blend in with the brickwork finish

The building in question is a former cinema which dates from the 1920/30s and the applicant has designed the fake chimney to reflect its architectural style and resemble the design of the existing chimney to the rear and the existing false chimney at the front southern corner.

The proposed apparatus is intended to provide mobile phone service cover for the Wishaw Area.

Development Plan

The proposed development is covered by Policy CS6 (Telecommunications Development) of the Southern Area Local Plan Finalised Draft (Modified 2001). This policy states that the Council will take a precautionary approach to such developments. It also seeks to keep such developments away from residential areas, schools, museums and hospitals and locate them in primarily industrial and commercial areas.

The policy also states that applicants should provide evidence that they have done an alternative sites search, demonstrate how the proposal fits into the wider network and make an ICNIRP declaration; this declaration states that the proposal is within accepted safety limits in terms of non-ionising radiation. It encourages siting and design which minimises visual impact and which is sympathetic to architectural form. Site sharing is also encouraged.

Consultations and ReDresentations

There has been one representation/consultation reply received on this application, from Councillor Sam Love. He considers that the application should be refused on health and safety grounds, and is particularly concerned on this issue in view of the town centre location, on a building used for bingo, with two schools and a nursery nearby, Wishaw Library, Health Centre and bus stops at the rear, and surrounding residential properties.


It is considered that the proposal is acceptable in visual terms as the proposed fake chimney will be similar in visual terms to two existing chimneys. Additionally, the proposed equipment cabins will be roof mounted at the rear and not be prominent from ground level or adjacent buildings. The antenna to be erected and the associated cable tray will be sited between 10 and 12 metres above ground level on the rear and side wall elevations, shrouded by a GRP cover.

The applicant has provided information on how the proposal would fit into the existing network and also alternative sites that have been investigated. These aspects and also the proposed design are in accordance with National Planning Policy Guide (NPPG19) on Radio

164

Telecommunications Planning Advice Note (PAN 62) on Radio Telecommunications and Policy CS6 in the emerging Local Plan.

4.3 The proposed antennae are at least 20 metres from the nearest dwelling and approximately 220 metres from the nearest school. The blank rear wall of the library and the bus stop area is 35 metres away to the rear of the Mecca Bingo building, with the health centre building 125 metres away. The applicant has provided the necessary ICNIRP declaration which proves that the proposal is within internationally accepted limits in terms of radiation and public safety. It is thus considered that the proposal complies with the relevant National Planning Guidance and the relevant Local Plan Policy.

4.4 This application is therefore considered to be acceptable in terms of visual impact and public health and as such, is recommended for approval subject to the application of the appropriate conditions.

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