North Lanarkshire

Council

Planning Applications for consideration of Planning Sub-Committee

Committee Date: 13-06-2019

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

APPLICATIONS FOR PLANNING SUB COMMITTEE

13th June 2019

Page

No

Application No

Applicant Development/Site Recommendation

8-23

24-37

17/01248/PPP

18/00800/MSC

T.O.M

Property UK

LLP

BDW Trading

Ltd / Iris

Strategic Land

Fund Ltd

Residential Development and

Associated Infrastructure (in

principle)

Land East Of Main Street

Newmains

Approval of Matters Specified in

Conditions Application (in

Relation to Planning Permission

in Principle Consent No.

12/00959/PPP) : Detailed

Residential Development for 580

Dwellinghouses with Associated

Access Roads, Landscaping,

Open Space and Infrastructure

Land To The East And West Of

Avenuehead Road,

South Of Moodiesburn, And To

The North Of Drumcavel Road,

Northeast Of Mount Ellen

G69 8HP

Grant (P)

Grant (P)

38-49 18/00805/MSC

BDW Trading

Ltd / Iris

Strategic Land

Fund Ltd

Approval of Matters Specified in

Condition Application (in relation

to Planning Consent No.

12/00959/PPP) : Detailed

neighbourhood centre

development (comprising

supermarket (3,000sqm), petrol

filling station, 5 retail / commercial

units, 2 family

restaurants and healthcare

centre) with associated access

roads, landscaping, open space

and infrastructure (within

neighbourhood centre

development zone as outlined on

the approved indicative

masterplan)

Land To The East And West Of

Avenuehead Road,

South Of Moodiesburn, And To

The North Of Drumcavel Road,

Northeast Of Mount Ellen

G69 8HP

Grant (P)

50-63 18/01750/PPP

Promontoria

Holding (177)

BV

Cinema, Commercial Leisure,

Hotel, Food/Beverage, Retail, Car

Showroom and Business

Incubator Uses with Associated

Landscaping, Access, Parking

and Infrastructure (In Principle)

Site At Castlecary Way

Westway Retail Park

Cumbernauld

Grant

64-70 18/01798/FUL

Mr Alex

Bankier

Eight Dwellinghouses

Site Off

Greenhill Road

Hareshaw

Refuse

Request for

Hearing

71-80 19/00161/FUL

NLC

Enterprise And

Housing New

Supply

One and Two Storey Houses and

Cottage Flats (20 units) with

Associated Roads and

Landscaping Works

Land East Of Mabel Street

Motherwell

Grant

81-86 19/00179/FUL

Mr William

Brown

Conversion and Extension of

Water Storage Structure to form a

Dwellinghouse

Site Off Birniehill Road

Hareshaw

Refuse

87-94 19/00282/FUL

NLC

Enterprise And

Housing New

Supply

Residential Development (29

Units)

Site At

Community Road

Orbiston

Bellshill

Grant

95-103 19/00283/FUL

NLC

Enterprise And

Housing New

Supply

Erection of 16 One and Two

Storey Dwellinghouses

Land To The East Of Juction Of

Annieshill View/Meadowhead

Road

Plains

Grant

(P) 17/01248/PPP - If granted, the planning permission in principle will not be issued until an Agreement under

Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the developer to secure financial contributions in respect of education provision.

18/00800/MSC - If granted, the planning permission will not be issued until a Legal Agreement under Section

75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the developer to secure a financial contribution in respect of Affordable Housing.

18/00805/MSC - If granted, the planning permission will not be issued until a Legal Agreement under Section

75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the developer to secure a financial contribution in respect of Affordable Housing.

Application No: 17/01248/PPP

Proposed Development: Residential Development and Associated Infrastructure (in principle)

Site Address: Land East Of Main Street Newmains

Date Registered: 4th September 2017

Applicant: T.O.M Property UK LLP Unit 1 Ninian Road Brownsburn Industrial Estate Airdrie ML6 9SE

Agent: EMA Architecture + Design Limited 42 Charlotte Square Edinburgh EH2 4HQ

Application Level: Committee

Contrary to Development Plan: No

Ward: 20 Murdostoun Robert McKendrick, Cameron McManus, Louise Roarty, Nicky Shevlin,

Representations: 1 letter of representation was received.

Recommendation: Approve subject to Conditions and legal agreement Reasoned Justification:

The proposal can be accommodated without detriment to character and amenity of the surrounding area being a residential proposal, as such, is considered to be in accordance with the relevant policies contained in the North Lanarkshire Local Plan and associated Supplementary Planning Guidance. Note to Committee: If granted the planning permission in principle will not be issued until an Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the developer to secure financial contributions in respect of education infrastructure provision.

Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396.

Planning Application: 17/01248/PPP

Name (of applicant): T.O.M Property UK LLP

Site Address: Land East Of

Main Street, Newmains Development: Residential Development and

Associated Infrastructure (in principle)

Proposed Conditions:- 1. That before development starts, a further planning application shall be submitted to the

Planning Authority in respect of the following matters:- a) the siting, design and external appearance of all buildings and other structures; (b) the layout of the site, all roads, footways, cycle paths and parking areas (for the avoidance of doubt such a layout shall consider the principles of ‘Designing Streets’.); (c) the details of, and timetable for, the hard and soft landscaping of the site (which shall include a significant landscaped buffer along the eastern and western boundaries) and (d) the provision of public open space; (e) provision of equipped play areas; (f) details for management and maintenance of the areas identified in (c), (d) and (e) above; (g) the phasing of the development; (h) the provision of drainage works; (i) the disposal of sewage; (j) details of existing trees, shrubs and hedgerows to be retained; (k) the design and location of all boundary walls and fences; and (l) details of existing and proposed site levels. (m) details of the provision of a bus stops on Main street, as well as the relocation of existing bus stops as a result of the development.

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

as amended by the Planning etc (Scotland) Act 2006. 2. For the avoidance of doubt, the indicative master plan which accompanies the planning

application is not approved and should not be taken as part of the planning permission. Reason: To clarify the drawings on which this approval of permission is founded. 3. That before any works of any description start on the application site, unless otherwise agreed

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

Reason: To establish whether or not site decontamination is required in the interests of the

amenity and wellbeing of future residents. 4. That any remediation works identified by the site investigation required in terms of Condition 3,

shall be carried out to the satisfaction of the Planning Authority. Before the development is brought into use, a certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

5. That before any works of any description start on the application site, an intrusive site investigation shall be undertaken to establish the exact situation regarding the coal mining legacy on site. For avoidance of doubt this shall include the submission of a scheme of intrusive site investigations for mine entry and shallow coal mine workings, including a plan showing the exact location of the mine entry and any consequential amendments to the layout which may be required. The findings of this site investigation shall be submitted to the Planning Authority in the form of a detailed report for written approval in consultation with the Coal Authority. Any remediation works deemed necessary to implement this development shall be outlined in this report.

Reason: To ensure that matters relating to coal mining risk are adequately addressed.

6. That any remediation works identified by the site investigation required in terms of Condition 5,

shall be carried out to the satisfaction of the Planning Authority in consultation with the Coal

Authority. A certificate (signed by a Chartered Engineer experienced in mining works) shall be submitted to the Planning Authority confirming that the remediation works have been implemented in accordance with the relevant Coal Authority Guidance.

Reason: To ensure that matters relating to coal mining risk are adequately addressed.

7. That before the development hereby permitted starts, unless otherwise agreed in writing with

the Planning Authority; full details of the proposed surface water drainage scheme shall be

submitted to the said Authority and shall be certified by a chartered civil engineer as complying

with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect

adjacent watercourses and groundwater, in the interests of the amenity and wellbeing of

existing and future residents adjacent to and within the development site.

8. That the SUDS compliant surface water drainage scheme approved in terms of Condition 7

shall be implemented contemporaneously with the development in so far as is reasonably

practical. Within three months of the construction of the SUDS, a certificate (signed by a

Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning

Authority confirming that the SUDS has been constructed in accordance with the relevant

CIRIA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the

interests of the amenity and wellbeing of existing and future residents adjacent to and within the

development site.

9. That before any works start on site, the applicant must confirm in writing to the Planning

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

Reason: To prevent groundwater or surface water contamination in the interests of

environmental and amenity protection. 10. That before the development hereby permitted starts, the applicant shall provide written

confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure that there is sufficient capacity in the sewerage and water supply systems

to allow the residential development to proceed. 11. That before any development starts on site, a survey carried out by an appropriately qualified

ecologist, shall be submitted to and approved in writing by the Planning Authority. This shall identify any implications for species protected by statute, and where required, include all necessary mitigation measures. Once approved, any mitigation measures shall be adhered as approved under the terms of this condition.

Reason: To ensure that ecology and habitat surveys are up to date and in compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.

12. That three months prior to any works commencing on site a Construction Method Statement

(CMS) shall be submitted to and approved by the Planning Authority. The Construction Method Statement shall cover:

Detailed and scaled map to include the anticipated phasing of the development, including watercourse standoff (no construction zone), site storage compound and equipment store

and any ancillary buildings.

Details of all on-site construction, including drainage (incorporate SUDS where appropriate), pollution prevention, as well as the timetables for such work.

Details of construction practices in terms of minimisation of the use of raw materials and the reuse or recycling of waste materials;

Details of surface water drainage measures to comply with national guidance on pollution prevention, including surface water runoff from internal access roads;

Details of welfare facilities

Details of vehicle wash down areas;

A dust management plan during the construction period;

Details of the arrangement for the on-site storage of fuel oil; The development shall thereafter be implemented in accordance with the approved Construction Method Statement.

Reason: To ensure that necessary contingencies are in place and to minimise pollution risks arising from construction activities and in the interests of road safety.

13. That three months prior to any works commencing on site a Construction Environmental Management Plan (CEMP) shall be submitted to and approved by the Planning Authority. In the interest of clarity the CEMP should adequately characterise the risks that the construction works pose to the water environment or the key environmental receptors and incorporate detailed pollution prevention and mitigation measures for all construction elements potentially capable of giving rise to pollution during all phases of construction and reinstatement after construction in line with SEPA guidance. Reason: To ensure suitable pollution prevention measures are in place prior to construction to protect the water environment.

14. That notwithstanding the terms of condition 1 above, any future layout within the site shall be

supported by a Noise Impact Assessment, carried out by an appropriately qualified person, which includes the detail of specific noise mitigation measures to be incorporated into the proposed development in relation to:

i. The noise barrier to be provided to the north of the site in the location as detailed in figure 4.3

addendum to Report Airshed AS 0617 Newmains rev 02 .

ii. The layout and orientation of dwellings within the site, roof and windows specifications, the use of topography, and provision of attenuation barriers in mitigating road traffic noise sources affecting the development site.

Noise criteria Time frame Parameter

Garden amenity areas Day time (07:00 to 23:00) 50dB LAeq (T) outdoors

Living rooms Day time (07:00 to 23:00) 35dB LAeq (T) indoors

Bedrooms Night time (23:00 to 07:00) 30dB LAeq (T) Indoors

Reason: In the interests of the amenity of future residents of the development and to ensure that the above criteria are met within the development in relation to road traffic and industrial noise. 15. That notwithstanding the requirements of Condition 1 the site layout shall be designed to

comply with National Policy ‘Designing Streets.’ And national policy.

Reason: In the interests of design

16. That notwithstanding the requirements of Condition 1, any subsequent detailed application must observe the open space and play provision standards set out in the Council's Developers Guide to Open Space. The exception being front and side garden ground which should be justified by way of inclusion in the design statement.

Reason: To ensure that adequate public open space, play provision and private garden areas

are provided to serve the development.

17. That in addition to the details submitted under the terms of Condition 1, approval of matters specified in Condition 1 above shall include a design statement for the entire site in accordance with PAN 68 and for the avoidance of doubt this shall provide details of the proposed site layout, scale and mix of housing, design details, materials and height of dwellings and landscaping and open space provision.

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

18. That notwithstanding the requirements of Condition 1, the landscaping proposals for the site

shall include a planting strip at least 15 metres wide to the east and south boundaries of the site and at least 10 metres wide to the western boundary with the A73/A71 and further details submitted for these proposals shall include cross section drawings.

Reason: In the interests of biodiversity, visual amenity and to create a satisfactory buffer with

the adjoining Green Belt land, the Auchter Water and the main A73/A71 road. 19. That notwithstanding the requirement of Condition 1, the landscaping proposals shall include

the integration of the least one continuous landscaped strip across the site in an east-west direction.

Reason: In the interests of biodiversity and maintaining a wildlife corridor link between

important habitats adjacent to the site. 20. That notwithstanding the requirements of Condition 1, a high quality, visually attractive frontage

to the development shall be proposed for the western site boundary with the A71/A73; this shall include the landscaped strip required by Condition 6 and shall specifically not propose standard 1.8 metre high rear boundary fencing to dwellinghouses.

Reason: In the interests of securing a high quality visual appearance to the development site,

as seen from a prominent approach road to Newmains. 21. That as part of the details submitted with the application required under the terms of Condition

1 above, full details of any engineering works proposed to the Auchter Water river bank must be submitted to and approved by the Planning Authority, following consultation with SEPA and Greenspace. Furthermore, the Auchter Water shall be protected at all times during the course of development from any material to enter it from the application site and details of protective fencing shall be submitted to and approved in writing by the Planning Authority before any works commences upon the site.

Reason: To ensure the adequate protection of this important watercourse and its habitat. 22. At least three months prior to the commencement of any works, a full site specific Waste

Management Plan shall be submitted to and approved in writing by the Planning Authority (in consultation with SEPA) and thereafter all work shall be carried out in accordance with the approved plan. For the avoidance of doubt this shall consider concrete and tree removal in particular. Reason: To avoid any significant harm to the environment.

23. That notwithstanding the terms of Condition 1 above, an updated Ecological Survey, carried out

by an appropriately qualified Ecologist, shall be undertaken to determine the presence of statutorily protected species and submitted with all applications for the approval of Matters Specified in Condition for the written approval of the Planning Authority. The development shall then be carried out in accordance with the agreed terms of this survey and any appropriate mitigation provided.

Reason: To accord with the provisions of the Nature Conservation (Scotland) Act 2004.

24. That notwithstanding the terms of Condition 1 and 23 above, an updated Great Crested Newt Survey, carried out by an appropriately qualified Ecologist, shall be undertaken to determine the presence of this species and submitted with all applications for the approval of Matters Specified in Condition for the written approval of the Planning Authority. The development shall then be carried out in accordance with the agreed terms of this Survey and any appropriate

mitigation provided. For the avoidance of doubt this survey shall be adhere to the Great Crested Newt Survey Methodology.

Reason: To accord with the provisions of the Nature Conservation (Scotland) Act 2004. 25. That notwithstanding the terms of Condition 1 and 23 above, an updated Water vole Survey,

carried out by an appropriately qualified Ecologist, shall be undertaken to determine the presence of this species and submitted with all applications for the approval of Matters Specified in Condition for the written approval of the Planning Authority. The development shall then be carried out in accordance with the agreed terms of this Survey and any appropriate mitigation provided. For the avoidance of doubt this survey shall be adhere to the water vole Survey Methodology.

Reason: To accord with the provisions of the Nature Conservation (Scotland) Act 2004. 26. That the developer shall appoint an independent Ecological Clerk of Works (ECoW) to monitor

over a period to be agreed through conditions 24 and 25 to ensure the required ecological mitigation works identified by the updated ecological surveys are implemented. For the avoidance of doubt the role of the Ecological Clerk of Works shall be defined within the agreed terms of the survey and shall be confirmed in advance of works commencing on site with the Planning Authority.

Reason: In the interests of ensuring nature conservation mitigation measures for the site and surrounding area To accord with the provisions of the Nature Conservation (Scotland) Act 2004.

27. That before the development hereby permitted commences, details of mitigation measures for

the protection, removal or relocation of all SP Energy Networks apparatus within the site shall be submitted to and approved in writing by the Planning Authority and thereafter the measures shall be undertaken prior to the development being brought into use. Reason: To protect all Scottish Power Energy Networks apparatus and in the interests of health and safety.

28. That prior to the occupation of the first dwelling within the site, new bus stops, the position of

which has first been agreed in writing by the Planning Authority, shall be provided on Main Street.

Reason: To provide improved public transport facilities and encourage the use of non-car

modes of transport by future residents of the development. 29. That prior to the occupation of the first dwelling house within the site, the developer shall

provide a new puffin crossing across the A73 in the vicinity of School Road, details of which shall be submitted to and approved in writing before any work commences on site.

Reason: In the interests of providing good pedestrian access facilities to serve the

development, which will encourage non-car modes of transport to local facilities. 30. That prior to the occupation of the 10th dwellinghouse within the development site, a scheme of

traffic calming proposals for School Road, which has first been agreed in writing by the Planning Authority, shall be implemented at the developer’s expense.

Reason: In the interests of traffic and pedestrian safety. 31. That the following roadworks shall be completed within the specified timeframe: a) that before the first dwellinghouse within the application site is occupied, the roundabout,

identified as Access North, shall be completed to a specification which shall be agreed in writing by the Roads Authority; b) the second roundabout, identified as Access south, should be constructed before the 201st dwellinghouse is occupied within the site, also to a specification which shall be agreed in writing by the Roads Authority; c) that before the first dwellinghouse within the application site is occupied, a 2.0 metre minimum width footway shall be constructed along part of the frontage of the site (south of the southern Access) and prior to the occupation of the 201st dwellinghouse within the site being

occupied, the 2.0 metre minimum width footway shall continue to the junction of the A73 with School Road. d.) That notwithstanding the terms of Condition 1 above a scheme of phasing for all off site works including proposed improvements to the A73/A71/Manse Road junction layout shall be submitted in detail.

Reason: In the interests of traffic and pedestrian safety. 32. That, except as may otherwise be agreed in writing by the Planning Authority, no public roads

or footways shall be stopped up or otherwise diverted until the necessary orders have been obtained and an agreed alternative route/arrangement is open and available for use.

Reason: To allow for the necessary statutory procedures to be carried out.

Background Papers: Consultation Responses: Traffic & Transportation memorandum received 7th September 2018, 19th February and 23rd May 2019 Environmental Health (Pollution Control) memorandum received 12th January 2018 and 11th April 2018. Scottish Environment Protection Agency letter received 23rd November 2017 The Coal Authority letter received 21st September 2017 Greenspace (ecology) memorandum received 4th October 2017 and 9th February 2018 Play Services memorandum received 6th September 2017 Scottish Water letter received 19th September 2017 Scottish Power e-mail received 17th September 2017 Strathclyde Passenger Transport (SPT) letter received 2nd May 2018 Contact Information: Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632500 Report Date: 3rd June 2019

APPLICATION NO. 17/01248/PPP

REPORT 1. Site Description

1.1 The site which is 15 ha in area and irregular in shape lies on the site of a former large

industrial development (former Costain Works), the concrete foundations of which cover large

areas of the site forming hard standing. The site has, however, since the demolition of these

works has naturally regenerated and is covered in semi-mature vegetation throughout

occurring resiliently towards the south of the site. There are areas of standing water where

level ground permits, otherwise site topography particularly towards the east of the site is very

uneven eventually falling steeply towards a watercourse (Auchter water) on this boundary with

the residential area (Morning Side) beyond separated by green open space and areas of

wood land . The site is bounded to the west the (A73) Main Street, Newmains with woodland

and a petrol station beyond being the most prominent features. The south of the site is

characterised by an operational industrial /commercial area which is significantly elevated

above the boundary of the proposed residential site. The curtilage of two dwellings bounds

the site to the north- west. In the north-eastern corner is a disused railway viaduct and former

sewage works. The eastern boundary is formed by areas of woodland beyond Auchter Water

characterised by its previous industrial legacy and interspersed natural vegetative

regeneration and open space landscape and a modern residential extension to Morningside.

The area of open space is currently the subject of planning appeal (see paragraph 4.2). For

further residential development and extant permissions for the continuation of industrial

proposals and assessment of their amendment. This is set out in the planning history below in

section 4.

2. Proposed Development

2.1 This application in principle proposes a for residential development with related open space,

associated landscaping and road roads infrastructure on the former ‘Costains’ site to the east

of Main Street (the A73/A71), on the southern edge of Newmains .Vehicular access is

proposed via 2 new roundabout access junctions to be formed at the existing A73 / A71

junction. An indicative site layout plan was provided by the applicant in order to demonstrate

the sites initial ideas on internal place and movement as well as showing proposed landscape

buffers. An indicative plan supported by a Transportation assessment indicating a mix of

terraced, semi detached and detached dwellings extending to around 330 homes has been

submitted. Some offsite improvements are proposed including proposed improvements to the

A73/A71/Manse Road junction layout.

3. Applicant’s Supporting Information

3.1 The applicant has submitted the following documents in support of their application:

Pre-Application Consultation Report

Design and Access Statement

Flood risk assessment

Transport Assessment

Site investigation Report

Ecology report (including protected species survey)

Mining and Coal Report

3.2 The applicant submitted the statutory Pre-application Consultation with the Community report

for this major application. The report summarised the public event which was held on 24th

August 2016 at The NCT Centre 15 Manse Road, Newmains and publicised in the Wishaw

Press. The public events were well attended by local residents who provided comments on

the proposed development. No written comments were submitted at this event.

4. Site History

4.1 The site has previously been subject of development proposals for residential use (circa 400

dwellings) which gained planning consent in 2004 (04/02238/OUT) and subsequently lapsed.

A further application for development of circa 300 homes (with identical site boundary to this

application) was submitted and approved in 2010 with similar conditions to the 2004

application. That permission (08/01066/FUL) has also lapsed.

08/01066/FUL Construction of Residential Development, Local Shop and Community

Building with Related Open Space, Landscaping and Roads approved 23rd September

2010.

04/02238/OUT Erection of 300 Houses and Associated Access, Parking and Landscaping (In

Outline) approved 4th January 2007.

4.2 Significant planning history for the area adjacent and to the east includes the following:

Extant Planning permission 04/01837/FUL (amended by permission 08/00072/AMD) allows

the use of a site to the south of the application site as a rail head although this is not currently

operational. The vehicular access track to the rail head is through the proposed housing site

and onto the roundabout on Morningside Road/A71.

Planning Application 19/00278/AMD Land at Chapel Rail Siding Wishaw. Variation of

Condition 16 of Planning Permission 04/01837/FUL to Allow (as well as coal) Sand, Gravel &

Industrial /Commercial Waste (non-hazardous) Materials to be Stored / Stockpiled and

Transported from the Rail Siding Site. This application is currently under consideration.

Application 18/00580/PPP currently subject of appeal

Planning Appeal by Holder Planning on behalf of Mr Robert Hill against North Lanarkshire

Council’s decision to refuse planning permission for Residential Development and Associated

Works (In Principle) Land West Of Morningside Road, Morningside, Newmains, North

Lanarkshire. Planning appeal currently being considered by the Reporter for the Scottish

Government.

5. Development Plan

5.1 The Development Plan consists of the Clydeplan (SDP) 2017 and the North Lanarkshire

Local Plan form the development plan. The application is considered of strategic significance

falling within Schedule 14 Strategic scales of development where the site area is greater than

or equal to 2ha with the potential to generate significant daily vehicle movements. The site is

covered by Policy HCF2 A1 (Sites for Short Term Housing Development) in the North

Lanarkshire Local Plan.

6. Consultations

6.1 A summary of the comments received following the formal consultation process is as follows:

NLC Green space (ecology) commented on the applicants Preliminary Ecological Appraisal

(PEA) providing comments on protected species. It was recommended that an Ecological

Clerk of Works be assigned to the site in order to in order to carry out pre-work checks at the

start of each working day. A large area of invasive plant species (Japanese Knot weed) was

identified and being classified as a ‘controlled waste’. As such, the applicant should compile a

method statement in consultation with SEPA outlining how this plant species will be contained

and disposed of and submit this statement to the Planning Authority for approval before works

commence on site. A planning condition is therefore recommended to ensure the proper

disposal of this invasive plant species. The PEA identified the potential for a number of

protected species. However due to the seasonal nature of species presence Green space

recommended further surveys for water vole and great crested newts. Similarly, Green space

recommended bat potential surveys along the riparian corridor, should it be determined that

the existing decommissioned rail bridge and supporting structures are to be removed. It

should however be noted that these structures do not lie within the site boundary and their

retention does not form part of this application.

NLC Transportation provided comment on the principle of the proposal, providing comment

on a level of detail required in order to ensure that an appropriate level of road safety would

result following construction of the development. The final detail submitted was accepted by

North Lanarkshire Council Transportation having no objection in principle to the application

subject to conditions on the required detail.

Coal Authority reviewed the proposal and confirmed that the site falls within the defined

development high risk area. As such, on the basis of the applicants submitted report and Coal

Authority records the Coal Authority concurs with the recommendations of the Mineral Risk

Assessment Summary Report; that coal mining legacy potentially poses a risk to the

proposed development and that intrusive site investigation works should be undertaken prior

to development in order to establish the exact situation regarding coal mining legacy issues

on the site.

Given the foregoing it is recommended that a Planning Condition requiring site investigation

works prior to commencement of development. In the event that the site investigations

confirm the need for remedial works to treat any of the recorded mine entries and/or areas of

shallow mine workings to ensure the safety and stability of the proposed development, these

should also be conditioned to be undertaken prior to commencement of the development.

NLC Pollution Control provided comments relating to noise control on construction and

open sites, construction working hours, dust control, waste materials, external artificial lighting

and potential nuisance resulting from works. It was also advised that due to an increase in

road traffic resulting from new residents the applicant is required to submit an Air Quality

Impact Assessment (AQIA) in order to quantify the predicted effects on local air quality as a

result of the proposed development. The applicant duly submitted an air quality impact

assessment and upon review pollution control advised that they had no adverse comments to

make on its content and methodology. Similarly a detailed site investigation was submitted to

assess the potential of land contamination and remains under consideration due to

incomplete appendices at the time of assessment and will therefore be the subject of a

planning condition. Depending on the results of this site investigation report, a detailed

remediation strategy may be required and before development begins any remediation work

required must be completed and verification provided by the developer to the satisfaction of

the Local Authority. In turning to potential noise pollution, given that the proposal is likely to be

affected by road traffic noise from the adjacent A73 and surrounding road network and there

is also an industrial building (Class 5) building, 78 metres to the north of the proposed

development site a noise impact assessment quantifying the impact of these noise sources

on the proposed housing development was requested in order to model and set out any noise

mitigation measures to be incorporated into the final design and layout of the proposed

development, ensuring that that the prescribed noise criteria are met within the development.

It is therefore recommended that details of noise mitigation measures identified in the noise

impact report, required to mitigate against potential noise emanating from the adjacent

industrial premises and adjacent road, should be submitted to and agreed in writing and are

recommended for the subject of a planning condition.

Scottish Environment Protection Agency (SEPA) has no objection to the proposal and

provided comments on the submitted flood risk assessment (May 2017) and were satisfied

that the proposed development complies with the principles of Scottish planning policy and

support Pollution controls comments on site investigation. SEPA advised on national

government policy to connect to and develop district heating networks as well as the

requirements of SEPA guidance and requested that if planning permission in principle is

granted it be subject to a condition requiring, unless demonstrated through a feasibility study

to the satisfaction of the Planning Authority to not be feasible, heat demand for the

development to be met through the implementation of an onsite district heating network.

While this is desirable in meeting climate change targets by enabling the potential for heat

and power networks, in this instance, taking into account that there is no specific local policy

or guidance relating to this matter, and that there was no requirement for this on previous

approvals, such a request is not considered to be reasonable. In considering previous

industrial uses and the sites proximity to Auchter Water, SEPA anticipate suitable pollution

prevention measures are in place prior to the commencement of development to protect the

water environment. It is therefore recommended that a Construction Environmental

Management Plan (CEMP) is the subject of planning condition. Surface water and

groundwater management should also be assessed thoroughly within a site specific

management plan. It should also include any site specific Construction Method Statements

(CMS) provided by the contractor as required by the planning authority and SEPA which is

also recommended as the subject of planning condition. In generally considering the

protection of the water environment SEPA has recommended a construction standoff area

and a planning condition is recommended to ensure the protection of the water course under

the water framework directive. Given the volume of material known to be on the site SEPA

recommends that the applicant prepare and implement a site waste management plan to

characterise the waste materials and to set out how this will be managed/reused in line with

zero waste principles. Please note should it be intended to recycle the waste concrete and

rubble on site for use within the development SEPA strongly recommend that this is

discussed with their local regulatory services team prior to commencement of the

development. Should members be minded to approve this application it is recommended that

this is the subject of a planning condition.

Scottish Power objected to the proposal on the ground that it has apparatus positioned

within this site. It is recommended that the applicant confirms arrangements with this energy

provider for the removal of their apparatus. Should members be minded to approve the

application then an appropriate condition should be attached to ensure protection of

apparatus to be retained and removal of redundant apparatus.

Scottish Water has no objection to the proposal and advised that there is currently sufficient

water capacity in the Daer Water and Swinstie Waste Water Treatment Works to

accommodate this development subject to further assessment upon formal application.

NLC Play Services provided comment on play provision standards and expectations on

levels of provision.

NLC Learning and Leisure provided comment on the impact of the proposal on their estate.

Education produce roll projections taking account of all known housing developments in the

area, current school rolls and local trends. These projections assume that this development

includes 300 units. The proposed site lies with the catchment area of Newmains Primary

school and St Brigid’s Primary school. The pupils from these schools transfer to Clyde Valley

High school and St Aidan’s High school for secondary provision. A developer contribution

would be required in order to mitigate the impact of the proposal on the school estate. A

developer contribution of £7,800 per unit (£2,340,000) to offset this impact on the area is

required. These costs are calculated based on the cost of a new school proportionately

distributed by the anticipated pupil yield per unit.

7. Representations

Following the prescribed neighbour notification procedure and advert in the local press one

letter of representation was received. The contents of which are summarised as follows:

The submitted drawing shows the entrance to the neighbouring Garage (Cooper Bros Ltd)

being closed off by the realignment of the road junction (North). This access is crucial to the

operation of the objectors business and its closure is therefore not supported by them.

8. Planning Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997,

planning decisions must be made in accordance with the Development Plan unless material

considerations indicate otherwise.

Development Plan:

8.2 The Development Plan consists of the Clydeplan (SDP) 2017 and the North Lanarkshire

Local Plan. The application is considered of strategic significance by virtue of the scale of the

site. Clyde plan (SDP) 2017 Schedule 14 determines thresholds where development may

reasonably be considered strategic. However, in being an allocated housing site in the

adopted Local Plan this site broadly supports the Vision, Spatial Development Strategy and

the Place making Policy including having regard to the Glasgow City Centre Joint Strategic

Commitment .It therefore falls to the Local plan policies and supporting Supplementary

guidance in determining that any significant effects identified on the qualities of the area can

be substantially overcome by design or acceptable mitigation.

8.3 As the site is zoned for short term housing development as an addition to the Housing Land

Supply under Policy HCF2 A1, the principle of a residential development at this location is

considered to be accepted. As such, the proposal complies with this local plan policy in

principle.

8.4 In turning to Development strategy policies it is considered that this application represents

residential regeneration of former industrial site area and is therefore not an addition to the

planned housing land supply. It is therefore considered that the proposal accords with policy

DSP1 Amount of Development.

8.5 As noted above this application does not represent an addition to the planned housing land

supply. In terms of location it represents urban regeneration of housing in a former industrial

site coterminous with the edge of a well established residential area and as such is

considered acceptable in this regard complying with policy DSP 2 Location of Development.

8.6 With regard to Policy DSP3, Detailed proposals if designed appropriately should not have a

significant impact on additional roads infrastructure proposed. Roads accepted the principle

of the proposed access arrangement as being acceptable. Modification of the public road

through the inclusion of additional roads infrastructure, design of two roundabouts,

connecting to the site access may be secured through planning condition, falling within the

application boundary and is supported by an appropriate level of detail at this stage. The

proposed northern access arrangement is such that it retains the existing third access to the

Garage (Cooper Brothers) through the realignment thereby impacting positively on the

operation of their current business. While, the garage owner has not taken the opportunity to

comment further on the revised access arrangements it is considered that the impact on the

access following amendments to the original arrangement are acceptable. Turning to the

impact of the development on education infrastructure there is recognition that there will be a

significant impact on current facilities requiring developer contribution in offsetting this

impact. While the proposals are considered to accord in principle with DSP 3 (Impact of

Development) with regard to impact on public infrastructure. The agreement of all parties

would be required in implementing them through legal agreement. The details of this

agreement include a commuted sum of developer contribution of £7800 per unit to which the

applicant has agreed in principle.

8.7 Policy DSP4 (Quality of Development) this policy requires development proposals to be

permitted only where high standards of site planning and sustainable design are achieved.

Proposals require to demonstrate that: an appraisal has been carried out of the existing

character and features of the site and its setting, existing rights of way or features or historic

environment interest will be safeguarded or enhanced, the proposed development takes

account of the site appraisal and any evaluation of design options, achieves a high quality

development against a list of detailed criteria. The following paragraphs assess the proposal

against policy DSP 4 (Quality of Development) in so far as principle consideration permits.

8.8 Part 1 An appraisal has been carried out of the existing character and features of the site

setting including site stability and contamination, identity landscape biodiversity and amenity

and in considering submitted supporting information the application complies in principle with

this part of policy DSP4.

8.9 Part 2 No existing rights of way, features of natural or historic environment, landscape

features or designated wild life interest will be adversely affected by this proposal. In

considering the potential impact on the adjacent water course Auchter water from runoff

pollution a number of conditions are recommended should members be minded to approve

the application.

8.10 Part 3 Design Principles:

As this application seeks planning permission in principle, design details and site layout

would be accessed through any subsequent matters specified in conditions (MSC)

application. Planning conditions can be proposed to ensure that any development approved

meets the Council’s requirements in terms of a high quality design, open space, access and

landscape requirements and minimising the impact on the surrounding area and future

residents. It is considered that there is adequate provision within the site to accommodate a

new residential development which should be of a scale and proportion that would be in

keeping with the character of the surrounding residential areas. The proposal being located

on the edge of the existing urban area should take cognisance of the existing residential

density and house types as well as considering footpath links to neighbouring districts and

facilities and incorporate these in the final design. The final layout should include strong

structure planting along prominent boundaries in order to provide a suitable setting for the

overall development in recognising its edge of town position. This may be secured by

planning condition should members be minded to approve the application. Similarly, where

possible public elevations should present a suitable level of variety and richness of elevation

detail at prominent positions in order to provide the development with a distinctive and

welcoming sense of place. This may be considered on the submission of a matters specified

application should the principle application be approved.

8.11 Safe, Inclusive and Welcoming Development:

In considering this aspect of place making, the proposed access, indicative parking detail and the impact of the proposal on the wider road network was considered. The proposals which have been submitted in principle were accepted by North Lanarkshire Council Transportation having no objection in principle subject to conditions. The proposed development will be accessed from Main Road and infrastructure changes resulting from the proposal would require the planning conditions in order to ensure that the applicant provides the required infrastructure improvements. The applicant submitted an access arrangement design including a two roundabout design as part of the submitted Transport Assessment (TA) which in planning terms was accepted. The applicant has indicated, in the supporting information that any detailed site layout would be set out in accordance with adopted Policy on design as outlined in the Designing Streets document. It is considered that the proposed

development could be appropriately designed to be safe, inclusive and welcoming. A number of conditions are recommended in order to mitigate the developments impact on the road network and ensure that the site is designed to the appropriate standard.

8.12 Energy Resources and Sustainable Development:

As noted above the proposed development would utilise a site that currently suffers from a

substantial post industrial legacy (brown Field) and approval will support the regeneration of

this site. In terms of sustainable construction, the detailed design of any house types will be

assessed as part of any future subsequent matters specified in conditions (MSC) application.

The applicant submitted an ecological survey with the planning application which did not find

any evidence of protected species or sensitive habitat. Consultation with Greenspace

services on these surveys has confirmed that that the findings of these surveys can be

accepted. It is noted that some immature trees may require to be removed from within the

site to facilitate the development. However a number of more trees should be the subject of

condition retaining them for their amenity and landscape value, in order to provide a level of

boundary planting in framing the development. This will have a positive impact on

biodiversity across the site; however, suitable planting (in terms of number, size and species)

will be a requirement within landscaped areas and this will be controlled by condition. An

informative is recommended to advise the applicant of the potential for breeding birds in the

months March to August.

8.13 Air Quality, Noise and Pollution Impacts:

In considering the development capacity of the site and potential for resultant air quality

impact the applicant submitted an air quality impact assessment which was accepted in its

conclusion and methodology. Similarly the replacement of the former industrial use with the

proposed residential use will not result in a significant noise impact. In relation to the

comments of Protective Services relating to noise, a condition is proposed requiring

appropriate mitigation be put in place before the relevant houses are occupied. With respect

to the other consultation responses received, it is considered that the outstanding matters

which have not been covered earlier in this report could be suitably addressed by way of

planning conditions or advisory notes attached to any permission.

8.14 Water Course Status:

Auchter water, which was the subject of a flood risk assessment submitted in support of the

application, bounds the east of the site. In terms of drainage, the applicant has not submitted

a drainage strategy at the principle stage and a planning condition is therefore recommended

to ensure the submission of a detailed SUDS drainage scheme as part of any future detailed

application is forthcoming. Similarly, a planning condition is recommended to ensure that the

development satisfactorily connects to Scottish Waters infrastructure.

8.15 Impact on Local Amenity:

This application seeks permission in principle only, with the design, layout, position and

height of buildings and landscaping would be assessed in any subsequent matters specified

in conditions application. It is considered that with considerate design, the site could

accommodate residential development without significant detrimental impacts on the amenity

of the existing surrounding residential areas.

8.16 Taking these matters into consideration it can be concluded the proposals would in principle

meet the requirements of Policy DSP 4 Quality of Development.

8.17 In respect to more technical assessment points, should planning permission in principle be

granted, it is accepted that a suitable layout could be achieved subject to detailed

consideration. This would include the submission of further detail in complying with current

adopted standards. Similarly, in terms of infrastructure requirements, while challenges have

been identified, no substantive reason for refusal has emerged from the consultation

process. On transportation matters, the applicant has submitted a Transportation

Assessment and notwithstanding the various points raised by Traffic and Transportation, it is

accepted that in technical terms, the development could be accommodated and it is noted

that Transportation have no objection to the access arrangements proposed. As the

application is in principle, it is accepted that final details of the internal layout could be

considered as part of a future application ensuring the outstanding matters identified through

the consultation process are satisfactorily achieved.

8.18 Policy NBE1 ‘Protecting the Natural and Built Environment’ seeks to ensure the appropriate

protection of protected species. Furthermore, wider legislation in respect to statutorily

protected species places legal responsibility upon planning authorities to carefully consider

any possible impacts.

8.19 NBE1 ‘Protecting the Natural and Built; this policy exists to protect the natural environment

from development impacts. It states that planning permission will only be granted for

proposals potentially affecting ecologically designated sites if it can be demonstrated to the

Council’s satisfaction that there will be no adverse impact or that any impact can be mitigated

in environmental terms relevant to the impact. While the site contains no ecologically

designated sites Auchter water, which bound the site to the east potentially connects it to a

locally designated site (SINC) .In terms of protected species a phase 1 habitat survey was

recommended that further surveys be undertaken for protected species and habitat, as,

should the members be minded to grant then it will be necessary to ascertain whether it is

possible to mitigate in environmental terms relevant to the impact. This may be achieved

through further more detailed ecology surveys identifying the potential for mitigation in

protecting identified species.

Other Material Considerations

8.20 Representations: In terms of letters of representation the points of objection raised may be

respectively summarised as follows:

The design of the northern access to the site will not exert a significant impact on existing

access to the adjacent garage following redesign. The planning service requested further

comment from the garage owner following the submission of revised drawings, however, no

comments were forthcoming. The planning position is therefore that the access has taken

this into consideration and all matters considered this access arrangement is acceptable.

9. Conclusions

9.1 In conclusion, it is considered that the proposed development is acceptable in terms of the

policies set out in the North Lanarkshire Local Plan and it is therefore considered that the

proposed residential development can be accommodated within the site without detriment to

the character and amenity of the surrounding area with no material considerations indication

otherwise. It is therefore recommended that planning permission is granted subject to

conditions and the conclusion of a Section 75 Legal Agreement in respect of the provision of

education infrastructure.

Application No: 18/00800/MSC

Proposed Development: Approval of Matters Specified in Conditions Application (in Relation to Planning Permission in Principle Consent No. 12/00959/PPP) : Detailed Residential Development for 580 Dwellinghouses with Associated Access Roads, Landscaping, Open Space and Infrastructure

Site Address: Land To The East And West Of Avenuehead Road, South Of Moodiesburn, And To The North Of Drumcavel Road, Northeast Of Mount Ellen G69 8HP

Date Registered: 25th May 2018

Applicant: BDW Trading Ltd / Iris Strategic Land Fund Ltd Vista Fund Services 46 The Sails Tower Queensway Quay PO Box 1403 Gibraltar GX11 1AA

Agent: McInally Associates Ltd 16 Robertson Street Glasgow Scotland G2 8DS

Application Level: Local Application

Contrary to Development Plan: Yes

Ward: 06 Gartcosh, Glenboig And Moodiesburn Willie Doolan, Greg Lennon, Michael McPake,

Representations: One letter of representation received.

Recommendation: Approve Subject to Conditions Reasoned Justification:

The proposed residential development of 580 houses is considered to be in accordance with the previously approved Planning Permission in Principle and can be accommodated without unacceptable detriment to the character and amenity of the surrounding area. The development is considered to satisfactory comply with the conditions of planning permission in principle 12/00959/PPP. Note to Committee Should the Council be minded grant planning permission, no permission should be issued until a Legal Agreement has been concluded with the developer to secure financial contribution in respect of Affordable Housing. A Stopping-Up order would also be required in respect to the altered public road network.

Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396.

Planning Application: 18/00800/MSC Name (of applicant): BDW Trading Ltd / Iris Strategic Land Fund Ltd Site Address: Land To The East And West Of Avenuehead Road, South Of Moodiesburn, And To The North Of Drumcavel Road, Northeast Of Mount Ellen G69 8HP Devt: AMSC Application (in Relation to Planning Permission in Principle Consent No. 12/00959/PPP) : Detailed Residential Development for 580 Dwellinghouses with Assoc. Access Roads, Landscaping, Open Space and Infrastructure

Proposed Conditions:- 1. That except as may otherwise be agreed in writing by the Planning Authority, the development

shall be implemented in accordance with drawing numbers:- ^.

100 Rev A (Location Plan), 15156/SK/68 Rev C, 15156/SK/69 Rev C, 15156/SK/74 Rev B, 15156/SK/75 Rev C, 15156/SK/76 Rev B, 15156/SK/81 Rev B, 15156/SK/82, 15156/SK/83, 15156/SK/84, 15156/SK/85, 15156/SK/86 Rev A, 15156/SK/87 Rev A,15156/SK/88 Rev A, 15156/SK/89 Rev A, 15156/SK/90 Rev A, 15156/SK/91, 15156/SK/92, 15156/SK/93 Rev A, 15156/SK/94, 15156/SK/96, 15156/SK/97, 15156/SK/98, 15156/SK/99, 15156/100/100 Rev D, 15156/100/101 Rev D, 15156/100/102 Rev D, 16209/SK/55 Rev C, 16209/SK/55 Rev D, 16209/SK/56 Rev E, AL(0)132 Rev O, AL(0)133 Rev L, AL(0)134 Rev P, AL(0)135 Rev H, AL(0)137, House Type Drawings Part 1, House Type Drawings Part 2, 2017/INV/01, 2017/S/DGT/01 (REV C), 2017/S/COG/01 (REV E), 2017/S/BWL/01 (REV E), 2017/S/TAB/01 (REV A), 2017/DET/R/241a and 2017/DET/R/135.

Reason: To clarify the drawings on which this approval of permission is founded. 2. That BEFORE the development hereby permitted starts within each phase, full details of the

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

Reason: To enable the Planning Authority to consider these aspects, in order to ensure that

materials are visually acceptable in a local context. 3. That before the development hereby permitted starts within each phase, the design, location

and finishing materials for the fences, gates and any walls/retaining walls shall be submitted to and approved in writing by the Planning Authority. Thereafter all fences, gates and walls/retaining walls shall be erected in accordance with the details approved under the terms of this condition before the dwellinghouse in which the fence/walls relates to is occupied, unless agreed otherwise in writing by the Planning Authority.

Reason: To ensure the provision of appropriate boundary treatments in the interests of the visual amenity of the surrounding area.

4. That, notwithstanding the generalities of Condition 3 above, details of any noise mitigation

measures, including the acoustic barriers and landscaping, identified in the Noise Impact Assessment to be provided along the affected areas on Avenuehead Road and at the northern boundary of Area 1 (residential area), where it adjoins the Neighbourhood Area, shall be submitted and approved by the Planning Authority and thereafter implemented, before any affected dwellinghouse within that particular part of the site is occupied. This shall, for the avoidance of doubt, include cross sections through the site, illustrating the acoustic boundary and its relationship with the residential dwellings within the site.

Reason: In the interests of residential amenity.

5. That notwithstanding the generalities of Condition 3 above and before the development hereby

permitted starts within each phase , details of the design and material finishes of any site entrance features proposed shall be submitted to and approved in writing by the Planning Authority and thereafter shall be constructed in accordance with the details approved under the terms of this condition prior to the occupation of the first dwellinghouse within the area that the entrance feature serves, unless another timeframe has been agreed in writing by the Planning Authority.

Reason: In the interests of the visual amenity of the site and the general area.

6. That before development starts, a phasing scheme that specifies the order that all elements of

the site (including the residential, retail, commercial, new roads and junctions, replacement pavilion, pitch access and parking (or equivalent facility), foot/cycle path links and associated landscaping) shall be submitted to and approved in writing by the Planning Authority. Development shall thereafter take place only in accordance with the approved phasing scheme unless otherwise agreed in writing with the Planning Authority.

Reason: To ensure adequate phasing of the development in the interests of the proper planning of the area, and to ensure the retail/commercial elements are supportive of new housing completions.

7. That BEFORE the development hereby permitted starts within each phase, a scheme of

landscaping for that phase shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

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

(b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of the development. (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site

Reason: In the interests of the visual amenity of the site and the general area. 8. That before the development hereby permitted starts, a revised Access Strategy Framework

Plan should be submitted to the Council for approval and shall include, for the avoidance of doubt, details such as footpath links throughout the area, cycle paths and appropriate signage. Once approved, the links shall be formed contemporaneously with the development in line with the agreed phasing scheme hereby permitted to the satisfaction of the Council as Planning Authority.

Reason: To ensure the provision of adequate pedestrian links throughout the site. 9. That all works included in the scheme of landscaping and planting, approved under the terms of

condition 7 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species. Reason: To ensure the implementation of the landscaping scheme in the interest of amenity.

10. That no trees within the application site shall be lopped, topped or felled and no shrubs or

hedges shall be removed from the application site, without the prior approval in writing of the Planning Authority.

Reason: In the interests of the conservation value of the site and the visual amenity of the site and the adjacent residents.

11. That within 6 months from the date that the development hereby permitted starts within each

phase, a detailed scheme for the provision of play equipment shall be submitted to, and approved in writing by the Planning Authority, and this shall include:-

(a) details of the type and location of play equipment, seating and litter bins to be situated

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

surface to be installed; (c) details of the fences to be erected around the play area;

(d) details of the implementation and phasing of these works.

Reason: To ensure adequate provision of play facilities within the site. 12. That except as may otherwise be agreed in writing by the Planning Authority, BEFORE

occupation of the 148th dwellinghouse within Area 1 (most northern), the 45th dwellinghouse in Area 2 (central area) and the 95th dwellinghouse in Area 3 (southern area) of the development hereby permitted, all works required for the provision of equipped play areas and, included in the scheme approved under the terms of Condition 11 above, shall be completed to the satisfaction of the Planning Authority.

Reason: To ensure that the play area has been implemented in a timeous manner.

13. That before the development hereby permitted starts within each phase, 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 grassed, planted and landscaped communal areas; (b) the proposed SUDS area; (c) any communal fences and walls/retaining walls, inclusive of the noise attenuation bund/fence; (d) any communal paths/cycle paths within the site; and (e) all play areas within the site.

Reason: To enable the Planning Authority to consider these aspects in detail. 14. That BEFORE completion of the development within each phase hereby permitted, the

management and maintenance scheme approved under the terms of Condition 13 shall be in operation.

Reason: To safeguard the residential amenity of the area. 15. That before the development hereby permitted starts within each phase, unless otherwise

agreed in writing with the Planning Authority, full details of the design and finish materials to be used in the construction of the roads, footways, junctions, parking courtyards and driveways, shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, the materials shall be a well-considered palette to reflect the aims of Designing Streets and the materials agreed under the terms of condition 2 above.

Reason: In the interests of amenity and design by ensuring that the materials are appropriate

for the site. 16. That no dwelling hereby permitted shall be occupied until the road and footway adjacent to it

have been constructed to basecourse standard and the road and footway shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 17. That before the last of the dwellings within each residential phase hereby permitted is occupied,

all roads, footpaths, footways and manoeuvring areas within each phase shall be completed to final wearing course.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 18. That, if as a result of the RCC approval process, the site layout requires to be altered in respect

of the horizontal geometry of the roads, footway and footpath locations and design, on-street lay-by car parking and traffic calming, then a revised drawing shall be submitted to and for the approval of the Planning Authority.

Reason: To ensure consistency in the council's approval processes in its role as Planning and

Highways Authority. 19. That before the 201st dwellinghouse within Area 1 hereby approved is occupied, the secondary

access into this area shall be completed and in use to the satisfaction of the Council as Planning and Roads Authority.

Reason: To ensure satisfactory access arrangements to the site. 20. That before any works start on Avenuehead Road and Drumcavel Road, all necessary

consents shall be in place for the Stopping-Up of parts of said roads to the satisfaction of the Council as Planning and Roads Authority.

Reason: To ensure that all necessary consents are in place prior to works commencing on

site. 21. That, as 12 months has elapsed between the timing of the ecological surveys being submitted

and approved and development commencing, further surveys shall be undertaken on the site to determine the presence of any statutorily protected species and said surveys shall thereafter be

submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the studies, should any mitigation measures be required for any protected species, this shall be implemented in accordance with the species protection plan agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations

1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.'

22. That before works of any description start within each phase of the application site, unless

otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report for that phase shall be submitted to and for the approval of the Planning Authority. The investigation must be carried out in accordance with current best practice advice such as BS10175: ‘The Investigation of Potentially Contaminated Sites’ or CLR 11. The report must include a site specific risk assessment of all relevant pollutant linkages and a conceptual site model. Depending on the results of the investigation, a Detailed Remediation Strategy may be required.

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

23. That any remediation works identified by the report agreed in terms of Condition 22 above shall

be carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. No individual dwelling shall be occupied within that phase until a certificate (signed by a chartered Environmental Engineer) has been submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the agreed Remediation Strategy.

Reason: To ensure that any remediation identified has been implemented in the interests of the amenity and wellbeing of future residents.

24. That prior to the commencement of development within each phase, the applicant shall provide

written confirmation to the Planning Authority that all the requirements of Scottish Water within that phase can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory drainage arrangements.

25. That before the construction of any roads or houses within each phase, unless otherwise

agreed in writing with the Planning Authority; full details of the final surface water drainage scheme for that phase shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

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

26. That the surface water drainage scheme approved under the terms of Condition 25 above shall

be implemented contemporaneously with the development within the associated phase in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the

interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

27. That for the avoidance of doubt, there shall be no drainage connections from the development

to the road drainage system unless otherwise agreed in writing with the Council as Roads Authority.

Reason: To ensure that the Councils interests are safeguarded.

28. That before development starts within each phase, revised level drawings for that phase shall be submitted and approved by the Planning Authority that comply with the submitted Flood Risk Assessment Report by Fairhurst dated February 2012 (Reviewed and Updated May 2018) to the satisfaction of the Council, in consultation with SEPA with particular reference to Finished Floor Levels and the development shall be completed in accordance with the revised approved levels

Reason: To ensure that the site is free from flood risk. 29. That no development shall take place within any phase of the development area until the

applicant has secured the implementation of a staged programme of archaeological work for that phase in accordance with a Written Scheme of Investigation which has been submitted by the applicant, agreed by the local Archaeology Service and approved by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail. 30. That, notwithstanding the generalities of Condition 6 above relating to phasing and, in particular

affordable housing and unless otherwise agreed in writing by the Planning Authority, no more than 200 units of market value housing shall be occupied within Area 1 (residential area immediately south of neighbourhood centre) until the on-site affordable housing has been provided in accordance with the terms of the approved affordable housing agreement to the satisfaction of the Council as Planning Authority. For the avoidance of doubt, this condition only relates to on-site affordable housing provision as the required financial contribution for the remainder of the affordable housing provision will be secured through a separate legal agreement.

Reason: To ensure the provision of affordable housing on the site. 31. That before development starts, details of any proposed Farm access to be formed off the

proposed re-aligned Drumcavel Road shall be submitted to and approved in writing by the Council as Planning and Roads Authority and shall thereafter be implemented contemporaneously with the development hereby approved.

Reason: To ensure appropriate access into the farmland to the west of the proposed

development site. 32. That the proposed mini-roundabout accessing the proposed petrol filling station within the

Neighbourhood Centre is for indicative purposes only and no permission is hereby granted for its construction. Details of proposed access to the petrol filling station shall be submitted and approved in writing prior to development starting on site.

Reason: To ensure adequate access / egress to the petrol filling station. 33. That access to the existing, retained farm area adjacent to Area 3 (southernmost proposed

residential site) shall be for vehicles normally associated with a domestic residence, including a horse box to the satisfaction of the Council as Planning Authority.

Reason: To ensure that agricultural traffic is not accessing the farmstead through the proposed residential area.

Background Papers: Consultation Responses: Memo from NLC Greenspace dated 20th June 2019. Memos from Environmental Health (including Pollution Control) dated 7th June 2018 and 7th March 2019. Memo from NLC Forestry and Access Manager dated 6th March 2019. Letter from The Coal Authority dated 14th June 2018 and 17th October 2018. Memos from Traffic & Transportation dated 13th September 2018, 27th February 2019 and 4th March 2019, 21st May 2019 and 30th May 2019. Memos from NLC Affordable Housing Consultations dated 12th November 2018 and 9th January 2019 Letter from Scottish Water dated 30th May 2018 Letter from Scottish Environment Protection Agency dated 5th July 2018 and 22nd November 2018. Memo from Play Services Manager dated 23rd November 2018. Memo from NLC Arboriculture dated 6th March 2019 Memo from NLleisure dated 8th May 2019 Contact Information: Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632500 Report Date: 3rd June 2019

APPLICATION NO. 18/00800/MSC

REPORT 1. Site Description 1.1 The site is located immediately south of the A80, extending south on land either side of

Avenuehead Road, up to Avenuehead Farm on its east side, and Drumcavel Road and Mount Ellen Golf Course on its west side. In total, the site area extends to 53 Ha. In terms of levels, the land slopes upwards from the A80, to broadly east-west aligned ridges before declining downwards to Drumcavel Road. Given the significant scale of the site, and taking into account its aspect, it can be said to be visually prominent from these adjacent roads. Also incorporated within the site boundary is Drumcavel Road, up to its junction with Lochend Road.

1.2 The site is characterised mostly by fragmented agricultural land, with some wooded areas

and hedgerow, and the Bothlin Burn runs through its western section. Moreover, the Bothlin Burn Corridor, sections of woodland and an area of peat within the site are formally recognised for their value as designated Sites of Importance for Nature Conservation, and through Tree Preservation Orders. Also within the site is a core path/right of way, which crosses in a south-east to north-west direction. Closely related to the land is Bedlay Cemetery, some houses on the south side of the A80 (and an existing football playing field at this location), while the former Moodiesburn House Hotel site (and an adjoining site zoned for residential purposes) marks the northern boundary.

2. Proposed Development 2.1 Proposed is a residential development of 580 houses with associated access roads,

landscaping, open space and infrastructure with the site already benefiting from planning permission in principle. The mix of house types are as follows:- within Area 1 there are 40 affordable, two storey dwellings comprising 12 x 3 bed semi-detached, 12 x 2 bed terrace 8 x 2 bed cottage flat and 8 x 1 bed cottage flats. An additional 255 two storey dwellings are within Area 1 with a mix of 201 4 bed detached dwellings and 54 semi-detached dwellings (12 house types). This area sits adjacent to the A80 (to the west of Avenuehead Road), accessed via a new junction on Avenuehead Road and an improved junction off the A80. A secondary access into the area is also proposed through the planned Neighbourhood Centre. This access will be completed prior to the occupation of the 201st dwelling in Area 1. An existing underused playing field/sports pitch to the north of Area 1 would be retained for passive play as it has been declared surplus for formal play due to it being deemed ‘not fit for purpose’. It is intended to divert monies to nearby facilities within Council ownership that are more suited to the Councils strategy for outdoor recreational use. There would however require to be an amendment to the established playing field area, with junction improvements encroaching a small amount onto this land, land under the ownership of the Council. Landscaping, play provision and footpath linkages are also proposed throughout the site

2.2 Area 2 lies between Bedley Cemetery and Avenuehead Road, with the existing core

path/right of way forming its southern edge. 90 detached, two storey dwellings (8 house types) are proposed at this location. Access is taken off Avenuehead Road. Landscaping, play provision and footpath linkages are also proposed throughout the site. Area 3 lies between Drumcavel Road and southern boundaries of Holm Farm and the corepath/right of way to the south of the cemetery. The eastern boundary is marked by the flood plain of the Bothlin Burn. 189 two storey dwellings are proposed in this area with a mix of 123 detached (4 bed), 28 semi-detached (3 bed) and 38 terraced dwellings (3 bed). Access will be taken off the newly re-aligned Drumcavel Road. Landscaping, play provision and footpath linkages are also proposed throughout the site. Area 4 comprises 6 two storey detached dwellings (4 bed) with two different house types, 3 of which have detached double garages. Visitor parking is evenly distributed throughout the 4 areas. Access is taken off the newly re-aligned Drumcavel Road.

2.3 The development proposals include works to the road geometry and gradient along

Avenuehead Road and Drumcavel Road. The junction of Avenuehead Road with the A80 Cumbernauld Road would be rationalised to recognise both the increased development

density within the site and the de‐trunking of the A80. The existing junction of Avenuehead

Road and Drumcavel Road would also be re-engineered to reduce steep gradients and improve sightlines, with a new roundabout constructed removing the existing junction. Otherwise, realignment of the public road network between these junctions is proposed with extensive footway provision. Given the proposed realignment of both Avenuehead Road and

Drumcavel Road the applicant proposes to re‐use sections of the old road as a recreational path, connecting areas of recreational open space. While responding to the development, the applicant considers these works to constitute significant community benefit.

2.4. A Section 75 Legal Agreement is currently in place to ensure the delivery of the land required

for the Bedlay Cemetery extension, a Communities contribution and an Education contribution. With regards to the cemetery extension, planning permission has been granted (15/02467/FUL) for a 460 lair extension to the north of the existing cemetery.

3. Applicant’s Supporting Information 3.1 The applicant has provided the following information in support of their application:

• Plans • Landscaping Plans and Report • Drainage Drawings • Flood Risk Assessment • Engineering Drawings/Levels/Site Sections • Street Engineering Review and Transport Assessment • Design Statement • Planning Statement • Drainage and SUDs Strategy/Flood Risk Assessment Reports • Tree Survey • Protected Species Survey Reports • Noise and Air Quality Assessment Reports • Pre-Application Consultation Report Design Statement • Mining Risk Assessment Report

4. Site History

12/00959/PPP Mixed Use Development (In Principle), comprising: Residential Development (approx 480 units), Neighbourhood Centre (3000sq m Supermarket, Petrol Filling Station, 5 Retail/Commercial Units, 2 Family Restaurants and Health Centre), Improvements to Existing Recreation Facilities, Land for Cemetery Extension and Associated Road Improvements and Landscaping approved 3.11.16.

15/02467/FUL Formation of Cemetery Extension, Bedley Cemetery, Cumbernauld Road, Chryston approved 1.3.17.

16/00662/FUL Creation of Roadway and Associated Infrastructure, Including Groundworks / Earthworks Related to Planning Permission 12/00959/PPP currently being considered.

16/00663/MSC Approval of Matters Specified in Conditions of Application 12/00959/PPP for site wide strategic infrastructure work to include the construction of roads, sewers, drainage / SUDS areas, services and the formation of structural landscaping, remote footpaths / cycleways and open space currently being considered.

18/00799/AMD Section 42 Application Seeking to Amend the Wording of Planning Condition No.4 of Planning Permission No. 12/00959/PPP (Mixed Use Development in Principle Comprising Residential Development, Neighbourhood Centre, etc.) in Order to Bring Forward the Timescale for Commencement of Work of the Proposed Supermarket and Neighbourhood Centre currently being considered.

18/00804/MSC Approval of Matters Specified in Conditions Application seeking discharge of relevant pre-development conditions in relation to Planning Permission in Principle Consent No. 12/00959/PPP (Mixed use development in principle comprising residential development, neighbourhood centre, etc.) currently being considered.

18/00805/MSC Approval of Matters Specified in Condition Application (in relation to Planning Consent No. 12/00959/PPP): Detailed neighbourhood centre development (comprising supermarket (3,000sqm), petrol filling station, 5 retail / commercial units, 2 family restaurants and healthcare centre) with associated access roads, landscaping, open space and infrastructure (within neighbourhood centre development zone as outlined on the approved indicative masterplan) currently being considered and on the Agenda for this Committee.

5. Development Plan

5.1 The proposals require to be assessed under the terms of the adopted North Lanarkshire

Local Plan and in particular under the terms of:

Policy NBE 3A (Green Belt)

Development Strategy Policies 1, 2, 3 and 4 (assessment of amount, location, impact and quality of development)

HCF3 (Assessing Affordable Housing Development)

6. Consultations

6.1 NLC Traffic and Transportation raise no objection to the application. Detailed discussions

have taken place in respect to the layout with additional supporting information and updated layouts provided. Comments have been made in respect to internal layout matters, including elements of the proposed footway provision, some street lengths and delineation and aspects of the driveway and parking delivery. From a planning perspective, it is highlighted that these are final outstanding comments following a detailed process of refinement where many aspects of the layout have been positively developed. It is also highlighted that the use of Designing Street policy results in various design options, opposed to a standards based approach. There are no concerns raised over the relationship with the wider public road network, subject to appropriate measures being put in place. From a planning perspective, it is highlighted that there are many aspects of the layout that have merit and looking at the layout as a whole, differing views on the approach taken in some instances are limited.

6.2 NLC Housing raises no objection to the application. In this instance it has been decided that

a commuted sum paid to the Council for 105 dwelling units as well as some on-site provision of some 40 units would be the best option for delivering the 25% affordable housing element that is required for a development of this scale.

6.3 NLC Pollution Control raise no objection to the application. In respect to the noise report,

the findings are considered generally acceptable and there is a requirement for acoustic barriers to be constructed at specific areas along Avenuehead Road and between the proposed Neighbourhood Centre and the residential dwellings within Area 1 hereby permitted (northern area). This can be secured via conditions. Similarly, Site Investigation requirements can also be secured through conditions. Otherwise, matters of construction impact are raised and these could be addressed as advice in the decision notice.

6.4 NLC Play Services raise no objection to the application and will comment on the proposed

play areas throughout the development areas, details of which will be sought through appropriate conditions.

6.5 NLC Greenspace raise no objection to the application provided that the recommendations

within the protected survey reports are adhered to. Comments are given on the proposed mitigation and it is considered that matters can be secured where necessary through planning conditions.

6.6 NLC Arboriculture have no objection and welcome the fact that woodland blocks and shelter

belts are being retained and incorporated as part of the development, in addition to supplementary woodland planting being carried out. Suitable tree protection measures should be in place during construction.

6.7 Scottish Water have no objections as there appears to be capacity to serve the

development, however state that a formal application should be submitted to them once planning permission is granted.

6.8 SEPA initially objected to the application due to lack of information. Following the submission

of additional information the objection was removed. 6.9 NLC Learning and Leisure have stated that the existing football pitch is substandard and

problematic in terms of intrusion of privacy to the local residential area in terms of noise, ball encroachment, anti-social behaviour and reported damage to property and is adjacent to a significantly busy road. The site is not used in a regular basis and car parking is very poor. The Council has moved away from single pitch sites that are inefficient to operate with limited capacity to meet demand towards multi pitch and hub sites that will provide economies of

scale on maintenance and improve the effectiveness, efficiency and profitability of service delivery. They propose that investment is redirected to an alternative site in the vicinity of the development site. Whilst this is noted, this is contrary to the current requirements of the Section 75 Legal Agreement. The Legal Agreement does allow flexibility to alter community facilities that will be provided using the developers financial contribution. Such a change would require further discussion between appropriate Council services and the developer.

6.10 The Coal Authority have no objections to the proposals provided that the findings of the

Mason Evans Report (2015) are adhered to and implemented with particular reference to mine shaft stabilisation.

7. Representations

7.1 Following neighbour notification procedure and advertisement in the local press, one letter of

representation was received. The objector is states that the community facilities, Cemetery extension has been removed from the application; only 40 units affordable housing is not enough, road junctions in the area will be problematic and proposed landscaping is unacceptable

8. Planning Assessment

8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions

must be made in accordance with the development plan unless material considerations indicate otherwise. It is considered that the proposal raises no issues of a strategic nature in terms of the Glasgow and Clyde Valley Strategic Development Plan (SDP) 2012. The site benefits from Planning Permission in Principle (PPP) from 2015 and a Section 75 Legal Agreement is in place to ensure payments towards Education provision, Community payments, and land transfer for future Cemetery extension.

North Lanarkshire Local Plan 8.2 The adopted North Lanarkshire Local Plan allocates the site as NBE3A ‘Green Belt’. The

emerging Local Development Plan reflects the PPP approval and allocates the site as a proposed housing site where Policy PROM LOC3 (Housing Development Sites) applies. By virtue of the site benefitting from PPP, it is considered that the current Matters Specified in Conditions application does not require to be assessed against Green Belt Policy (NBE3A).

8.3 Policies DSP1-4 include DSP1 (Amount of Development), DSP2 (Location of Development),

DSP3 (Impact of Development) and DSP4 (Quality of Development). With regard to Policy DSP1 (Amount of Development), the proposed development site benefits from PPP and complies from a quantative perspective. In light of the policy DSP1 Policy position, it follows that the proposal is consistent with the NLLP’s basic locational criteria set out in DSP2.

8.4 Policy DSP3 (Impact of Development) considers the impact of the proposed development in

terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. In this instance, the application forms detailed elements of the planning permission in principle. A S75 legal agreement is already in place and each unit will be subject to a contribution of £4,000 towards Education provision, a Communities contribution of £1,150,000. In terms of affordable housing, agreement on the nature of the delivery mechanism is in place and this would partly be delivered on site (40 units) and the remaining through a separate legal agreement which will ensure a financial contribution (circa 105 units). The S75 also ensures that there is a land transfer to the Council for a future Cemetery extension at land adjacent to Bedley Cemetery. The proposed development also secures an upgraded link from Mount Ellen to the A80 through Drumcavel Road and Avenuehead Road.

8.5 Taking the above matters into account, it is considered that the proposed development

accords with Policy DSP3. 8.6 Policy DSP4 (Quality of Development) requires development proposals to only be permitted

where high standards of site planning and sustainable design are achieved. This also considers other impacts, such as amenity and privacy. In terms of the policy, proposals require to be assessed against a set of criteria.

a. Design Principles Including Provision for the Development and Links to Nearby Green Networks

8.7 The layout and nature of the housing proposed is considered to be acceptable, following a

hierarchy of primary, secondary and tertiary spaces. The layout has been developed to have good frontages and where these have not been possible, there is landscaping proposed to prominent public frontages. Otherwise, the houses would have appropriate relationships internally and with existing housing that could be described as common in respect to adjoining boundaries. Materials can be controlled via conditions. The densities are considered acceptable, as are garden sizes with provisions for open space and play equipment, following the parameters of the masterplan taken forward through the planning permission in principle. While actual play equipment has not been concluded, discussions have been ongoing with the Councils Play Services and this matter can be taken forward via conditions. Satisfactory linkages are also considered to be provided to the surrounding area as well as the layout being designed for the future development of the Neighbourhood Centre to the north of the application site. The development, although impinging on some local habitat, mitigates strongly through additional habitat works, pond creation and protection of sensitive areas of habitat.

b. Safe, Inclusive, Convenient and Welcoming Development

8.8 Access to the site has evolved following assessment and determination of the planning

permission in principle. NLC Transportation raised no objection to the application, subject to conditions. As stated in paragraph 2.3 above, various road improvement are proposed on Drumcavel Road and Avenuehead Road which include road widening, road straightening, stopping up, junction re-alignment, a new roundabout and traffic signal works.

8.9 Otherwise, while some comments are given by NLC Transportation in respect to the internal

layout, it is noted that the proposed site has been designed to take account of national policy guidance ‘Designing Streets’ in order to create a greater sense of place and provide a nature of street design that is more integrated and considered from a design perspective. Overall, it is accepted that a more design-led approach to the development has been achieved whilst satisfactorily demonstrating functionality, safety and a good degree of passive surveillance from the proposed housing. The layout has also been supported by a Street Engineering Review. In addition to the areas of formal open space (which are accessible and well positioned), throughout the layout it is proposed to incorporate additional landscaping with boundary hedging and tree planting. The Core Path has been protected through the site and links in well with the proposed development on the western side of Avenuehead Road. The above detailed design elements are considered to create a safe, welcoming development and in time, when landscaping within and around the development fully matures, one with strong green elements.

c. Energy Resources and Sustainable Development

8.10 In terms of sustainable development, it is acknowledged that the site has Planning Permission

in Principle. As a site, it is also designed to link to local footpaths with a satisfactory proximity to local amenities.

d. Air Quality, Noise and Pollution Impacts

8.11 With regard to potential pollution impacts, an air quality report was submitted as part of the

MSC submission and was found to raise no undue concerns. A noise impact assessment has been submitted as part of this application and raises no significant concerns. A requirement for noise mitigation at two parts of the site (acoustic fence/bund) can be secured through a condition. No other pollution concerns have been raised through consultation.

e. Drainage and Water Body Status

8.12 SEPA have no objections to the proposals. A condition is proposed to ensure requirements

of SEPA and general SUDS principles are satisfactorily achieved and a further condition is proposed in respect to the Developer meeting all requirements of Scottish Water.

f. Impact on Local Amenity

8.13 In terms of privacy, the generally recognised minimum distance between directly facing windows of 18 metres is satisfactorily achieved. In respect to loss of light and overshadowing, there is adequate distance from, and configuration with established housing. Within the site, those standards are also satisfactorily met. Consultation has demonstrated there would be no other unacceptable pollution impacts from the development. It is acknowledged that there would be a change in amenity for neighbouring properties as a result of the visual change from fields to residential development. While loss of view is not a material planning consideration, it is valid to consider visual impact. On this site, the principle of development has already been agreed through the planning permission in principle approval. On balance, this is considered acceptable from the perspective of visual amenity from the adjoining roads and beyond.

8.14 While it is again noted that right to a view is not a material planning consideration, it is

accepted that the development would be a notable change in the landscape. Taking into account the planning permission in principle, a residential land-use has however already been confirmed as acceptable. Existing and proposed levels also do not raise any unacceptable relationship issues, with elements of new housing being slightly higher than existing. On balance, while it is acknowledged that the development will see a marked change from the existing situation, it is not considered to create visual or amenity impacts that would merit refusal of the application.

8.15 In light of all of the above, it is considered that the proposal is in accordance with Policy

DSP4. Consultations 8.16 In terms of the consultation responses received, it is considered that the outstanding matters

which have not been covered earlier in this report could be suitably addressed by way of planning conditions or advisory notes attached to any permission.

Representations 8.17 The community facilities and Cemetery extension still forms part of the overall development

and is safeguarded through a Section 75 Legal Agreement. In addition to the 40 affordable housing units on site, there will be a commuted sum of money for the remainder of the required 25% affordable housing provision, which for a development of 580 dwelling units amounts to 105 additional units that the Council will get a financial contribution for. The Council Roads and Transportation section are satisfied with the proposed roadworks in the area to accommodate the development which are described earlier in the report in para 2.3. The Council is satisfied with the proposed open space and landscaping throughout the site and a condition is attached to enable the Council to agree species etc.

9. Conclusions 9.1 In conclusion, following assessment of the application and notwithstanding the objection

received, it is considered that the proposed residential development satisfactorily complies with the relevant policies of the North Lanarkshire Local Plan and the Planning Permission in Principle approval. It is therefore recommended that planning permission is granted, subject to conditions and a legal agreement to secure the financial contribution towards Affordable Housing.

Application No: 18/00805/MSC

Proposed Development: Approval of Matters Specified in Condition Application (in relation to Planning Consent No. 12/00959/PPP) : Detailed neighbourhood centre development (comprising supermarket (3,000sqm), petrol filling station, 5 retail / commercial units, 2 family restaurants and healthcare centre) with associated access roads, landscaping, open space and infrastructure (within neighbourhood centre development zone as outlined on the approved indicative masterplan)

Site Address: Land To The East And West Of Avenuehead Road, South Of Moodiesburn, And To The North Of Drumcavel Road, Northeast Of Mount Ellen G69 8HP

Date Registered: 29th May 2018

Applicant: BDW Trading Ltd / Iris Strategic Land Fund Ltd Vista Fund Services 46 The Sails Tower Queensway Quay PO Box 1403 Gibraltar GX11 1AA

Agent: McInally Associates Ltd 16 Robertson Street Glasgow Scotland G2 8DS

Application Level: Local Application

Contrary to Development Plan: Yes

Ward: 06 Gartcosh, Glenboig And Moodiesburn Willie Doolan, Greg Lennon, Michael McPake,

Representations: 1 letter of representation received

Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed neighbourhood centre is considered to be in accordance with the previously approved Planning Permission in Principle and can be accommodated without unacceptable detriment to the character and amenity of the surrounding area. The development is considered to satisfactory comply with the conditions of planning permission in principle 12/00959/PPP. Note to Committee A Stopping-Up order would also be required in respect to the altered public road network.

Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396.

Planning Application: 18/00805/MSC Name (of applicant): BDW Trading Ltd / Iris Strategic Land Fund Ltd Site Address: Land To The East And West Of Avenuehead Road, South Of Moodiesburn, And To The North Of Drumcavel Road, Northeast Of Mount Ellen G69 8HP Devt: AMSC Application (in relation to Planning Consent No. 12/00959/PPP) : Detailed neighbourhood centre restaurants and healthcare centre) with associated access roads, landscaping, open space and infrastructure

Proposed Conditions:- 1. That except as may otherwise be agreed in writing by the Planning Authority, the development

shall be implemented in accordance with drawing numbers:- ^.

100 Rev A (Location Plan), 15156/SK/82, 15156/SK/83, 15156/SK/84, 15156/SK/85, 15156/SK/86 Rev A, 15156/SK/87 Rev A,15156/SK/88 Rev A, 15156/SK/89 Rev A, 15156/SK/90 Rev A, 15156/SK/91, 15156/SK/92, 15156/SK/93 Rev A, 15156/SK/94, 15156/SK/96, 15156/100/100 Rev D, 15156/100/101 Rev D, 15156/100/102 Rev D, AL(0)132 Rev O, AL(0)133 Rev L, AL(0)134 Rev P, AL(0)135 REV H, AL(0)137, AL(0)138, AL(0)139, AL(0)140, AL(0)141, AL(0)142, AL(0)143, AL(0)144, AL(0)145, AL(0)146, AL(0)147 and AL(0)148.

Reason: To clarify the drawings on which this approval of permission is founded. 2. That BEFORE the development hereby permitted starts within the Neighbourhood Centre, full

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

Reason: To enable the Planning Authority to consider these aspects, in order to ensure that

materials are visually acceptable in a local context. 3. That before the development hereby permitted starts within the Neighbourhood Centre, the

design, location and finishing materials for the fences, gates, walls/retaining walls and entrance features shall be submitted to and approved in writing by the Planning Authority. Thereafter all fences, gates and walls/retaining walls shall be erected in accordance with the details approved under the terms of this condition before the units in which the fence/walls relates to are brought into use, unless agreed otherwise in writing by the Planning Authority.

Reason: To ensure the provision of appropriate boundary treatments in the interests of the visual amenity of the surrounding area.

4. That, notwithstanding the generalities of Condition 3 above, details of any noise mitigation

measures, including the acoustic barriers and landscaping, identified in the Noise Impact Assessment to be provided along the affected areas on Avenuehead Road and at the northern boundary of Area 1 (residential area), where it adjoins the Neighbourhood Area, shall be submitted and approved by the Planning Authority and thereafter implemented, before any affected dwellinghouse within that particular part of the site is occupied. This shall, for the avoidance of doubt, include cross sections through the site, illustrating the acoustic boundary and its relationship with the residential dwellings within the site. Reason: In the interests of residential amenity.

5. That before development starts, a phasing scheme that specifies the order that all elements of

the site (including the residential, retail, commercial, new roads and junctions, replacement pavilion, pitch access and parking (or equivalent facility), foot/cycle path links and associated landscaping) shall be submitted to and approved in writing by the Planning Authority. Development shall thereafter take place only in accordance with the approved phasing scheme unless otherwise agreed in writing with the Planning Authority.

Reason: To ensure adequate phasing of the development in the interests of the proper

planning of the area, and to ensure the retail/commercial elements are supportive of new housing completions.

6. That BEFORE the development hereby permitted starts within the Neighbourhood Centre, a

scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

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

(b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of the development.

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

Reason: In the interests of the visual amenity of the site and the general area. 7. That before the development hereby permitted starts within the Neighbourhood Centre, a

revised Access Strategy Framework Plan should be submitted to the Council for approval and shall include, for the avoidance of doubt, details such as footpath links throughout the area, cycle paths and appropriate signage. Once approved, the links shall be formed contemporaneously with the development in line with the agreed phasing scheme hereby permitted to the satisfaction of the Council as Planning Authority.

Reason: To ensure the provision of adequate pedestrian links throughout the site. 8. That all works included in the scheme of landscaping and planting, approved under the terms of

Condition 7 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the implementation of the landscaping scheme in the interest of amenity.

9. That no trees within the application site shall be lopped, topped or felled and no shrubs or

hedges shall be removed from the application site, without the prior approval in writing of the Planning Authority.

Reason: In the interests of the conservation value of the site and the visual amenity of the site and the adjacent residents.

10. That before the development hereby permitted starts within the Neighbourhood Centre, 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 grassed, planted and landscaped communal areas; (b) the proposed SUDS area; (c) any communal fences and walls/retaining walls, inclusive of the noise attenuation bund/fence; and (d) any communal paths/cycle paths within the site.

Reason: To enable the Planning Authority to consider these aspects in detail. 11. That BEFORE completion of the development hereby permitted within the Neighbourhood

Centre, the management and maintenance scheme approved under the terms of Condition 11 shall be in operation.

Reason: To safeguard the residential amenity of the area. 12. That before the development hereby permitted starts within the Neighbourhood Centre, unless

otherwise agreed in writing with the Planning Authority, full details of the design and finish materials to be used in the construction of the roads, footways, junctions and parking courtyards shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of amenity and design by ensuring that the materials are appropriate

for the site. 13. That before any unit hereby permitted within the Neighbourhood Centre is occupied, all roads,

footpaths, footways and manoeuvring areas shall be completed to final wearing course. Reason: To ensure satisfactory vehicular and pedestrian access facilities to the site. 14. That, if as a result of the RCC approval process, the site layout requires to be altered in respect

of the horizontal geometry of the roads, footway and footpath locations and design, then a revised drawing shall be submitted to and for the approval of the Planning Authority.

Reason: To ensure consistency in the council's approval processes in its role as Planning and Highways Authority.

15. That before any works start on Avenuehead Road and Drumcavel Road, all necessary

consents shall be in place for the Stopping-Up of parts of said roads to the satisfaction of the Council as Planning and Roads Authority.

Reason: To ensure that all necessary consents are in place prior to works commencing on

site. 16. That, as 12 months has elapsed between the timing of the ecological surveys being submitted

and approved and development commencing, further surveys shall be undertaken on the site to determine the presence of any statutorily protected species and said surveys shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the studies, should any mitigation measures be required for any protected species, this shall be implemented in accordance with the species protection plan agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations

1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.'

17. That before any works of any description start within the Neighbourhood Centre site, unless

otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the Planning Authority. The investigation must be carried out in accordance with current best practice advice such as BS10175: ‘The Investigation of Potentially Contaminated Sites’ or CLR 11. The report must include a site specific risk assessment of all relevant pollutant linkages and a conceptual site model. Depending on the results of the investigation, a Detailed Remediation Strategy may be required.

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

18. That any remediation works identified by the report agreed in terms of Condition 17 above shall

be carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. No unit shall be occupied until a certificate (signed by a chartered Environmental Engineer) has been submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the agreed Remediation Strategy.

Reason: To ensure that any remediation identified has been implemented in the interests of the amenity and wellbeing of future occupants.

19. That prior to the commencement of development within the Neighbourhood Centre, the

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

Reason: To ensure the provision of satisfactory drainage arrangements.

20. That before the construction of any roads or units within the Neighbourhood Centre, unless

otherwise agreed in writing with the Planning Authority; full details of the final surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

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

21. That the surface water drainage scheme approved under the terms of Condition 20 above shall

be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority

confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the

interests of the amenity and wellbeing of existing and future residents/occupants adjacent to and within the development site.

22. That for the avoidance of doubt, there shall be no drainage connections from the development

to the road drainage system unless otherwise agreed in writing with the Council as Roads Authority.

Reason: To ensure that the Councils interests are safeguarded.

23. That before development starts within the Neighbourhood Centre, revised level drawings shall

be submitted and approved by the Planning Authority that comply with the submitted Flood Risk Assessment Report by Fairhurst dated February 2012 (Reviewed and Updated May 2018) to the satisfaction of the Council, in consultation with SEPA with particular reference to Finished Floor Levels and the development shall be completed in accordance with the revised approved levels

Reason: To ensure that the site is free from flood risk.

24. That no development shall take place within the Neighbourhood Centre until the applicant has

secured the implementation of a staged programme of archaeological work in accordance with a Written Scheme of Investigation which has been submitted by the applicant, agreed by the local Archaeology Service and approved by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail. 25. That, notwithstanding the generalities of Condition 5 above relating to phasing and, in particular

affordable housing and unless otherwise agreed in writing by the Planning Authority, no more than 200 units of market value housing shall be occupied within Area 1 (residential area immediately south of neighbourhood centre) until the on-site affordable housing has been provided in accordance with the terms of the approved affordable housing agreement to the satisfaction of the Council as Planning Authority. For the avoidance of doubt, this condition only relates to on-site affordable housing provision as the required financial contribution for the remainder of the affordable housing provision will be secured through a separate legal agreement.

Reason: To ensure the provision of affordable housing on the site. 26. That before development starts within the Neighbourhood Centre, details of any proposed Farm

access to be formed off the proposed re-aligned Drumcavel Road shall be submitted to and approved in writing by the Council as Planning and Roads Authority and shall thereafter be implemented contemporaneously with the development hereby approved.

Reason: To ensure appropriate access into the farmland to the west of the proposed

development site. 27. That the proposed mini-roundabout accessing the proposed petrol filling station within the

Neighbourhood Centre is for indicative purposes only and no permission is hereby granted for its construction. Details of proposed access to the petrol filling station shall be submitted and approved in writing prior to development starting on site.

Reason: To ensure adequate access / egress to the petrol filling station.

Background Papers: Consultation Responses: Memo from Traffic & Transportation dated 13th September 2018, 27th February 2019, 4th March 2019, 21st May 2019 and 30th May 2019 Memo from Environmental Health (including Pollution Control) dated 7th June 2018. Letter from Scottish Water dated 1st June 2018 Letter from Scottish Environment Protection Agency dated 22nd November 2018 Letter from The Coal Authority dated 13th June 2018 and 17th October 2018 Memo from NLC Greenspace dated 26th November 2018 Memo from NLC Arboriculture dated 6th March 2019 Memo from NLleisure dated 8th May 2019 Contact Information: Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632500 Report Date: 3rd June 2019

APPLICATION NO. 18/00805/MSC

REPORT 1. Site Description

1.1 The overall site is located immediately south of the A80, extending south on land either side

of Avenuehead Road, up to Avenuehead Farm on its east side, and Drumcavel Road and Mount Ellen Golf Course on its west side. In total, including residential parcels, the site area extends to 53 Ha. In terms of levels, the land slopes upwards from the A80, to broadly east-west aligned ridges before declining downwards to Drumcavel Road. Given the significant scale of the site, and taking into account its aspect, it can be said to be visually prominent from these adjacent roads. Also incorporated within the site boundary is Drumcavel Road, up to its junction with Lochend Road.

1.2 The site is characterised mostly by fragmented agricultural land to the south and east, with

some wooded areas and hedgerow. Some houses are located on the south side of the A80

and an existing football playing field (north of application site) with Avenuehead to the west.

2. Proposed Development 2.1 This site forms part of a much larger, consented, Planning Permission in Principle site for

Residential Development and retail facilities (ref. 12/00959/PPP). This particular application seeks detailed permission for a mixed use development comprising a large retail unit (3000sqm), petrol filling station, 5 retail/commercial units (98sqm x 5) with parking for some 240 vehicles, 2 family restaurants, both single storey, one is 570sqm and other is 484sqm with their own dedicated parking area for some 125 vehicles and a health centre which is 611sqm including an element of two storey in the centre of the building and dedicated parking provision for some 30 vehicles.

2.2 Access to the neighbourhood centre would be taken from a new access from Avenuehed

Road to the west. This would require amending the boundary of an existing, underutilised, Council football playing field in order to achieve an appropriate junction arrangement and visibility splay for said junction. The pitch would be retained for passive play as it has been declared surplus for formal play due to it being deemed ‘not fit purpose’. It is intended to divert monies due to be spent on upgrading the pitch, changing facilities and parking provision to nearby facilities within Council ownership that are more suited to the Councils strategy for outdoor recreational use. This will require further discussions and an amendment to the works agreed in the Section 75 Legal Agreement.

2.3 As all the applications are linked through the PPP permission, the development proposals

include works to the road geometry and gradient along Avenuehead Road and Drumcavel Road. The junction of Avenuehead Road with the A80 Cumbernauld Road would be rationalised to recognise both the increased development density within the site and the

de‐trunking of the A80. The existing junction of Avenuehead Road and Drumcavel Road would also be re-engineered to reduce steep gradients and improve sightlines, with a new roundabout constructed removing the existing junction. Otherwise, realignment of the public road network between these junctions is proposed with extensive footway provision. Given the proposed realignment of both Avenuehead Road and Drumcavel Road the applicant

proposes to re‐use sections of the old road as a recreational path, connecting areas of recreational open space. While responding to the development, the applicant considers these works to constitute significant community benefit.

3. Applicant’s Supporting Information 3.1 The applicant has provided the following information in support of their application:

Plans

Landscaping Plans and Report

Drainage Drawings

Flood Risk Assessment

Engineering Drawings/Levels/Site Sections

Street Engineering Review and Transport Assessment

Design Statement

Planning Statement

Drainage and SUDs Strategy/Flood Risk Assessment Reports

Tree Survey

Protected Species Survey Reports

Noise and Air Quality Assessment Reports

Pre-Application Consultation Report Design Statement

Mining Risk Assessment Report 4. Site History

12/00959/PPP Mixed Use Development (In Principle), comprising: Residential Development (approx 480 units), Neighbourhood Centre (3000sq m Supermarket, Petrol Filling Station, 5 Retail/Commercial Units, 2 Family Restaurants and Health Centre), Improvements to Existing Recreation Facilities, Land for Cemetery Extension and Associated Road Improvements and Landscaping approved 3.11.16.

15/02467/FUL Formation of Cemetery Extension, Bedley Cemetery, Cumbernauld Road, Chryston approved 1.3.17.

16/00662/FUL Creation of Roadway and Associated Infrastructure, Including Groundworks / Earthworks Related to Planning Permission 12/00959/PPP currently being considered.

16/00663/MSC Approval of Matters Specified in Conditions of Application 12/00959/PPP for site wide strategic infrastructure work to include the construction of roads, sewers, drainage / SUDS areas, services and the formation of structural landscaping, remote footpaths / cycleways and open space currently being considered.

18/00799/AMD Section 42 Application Seeking to Amend the Wording of Planning Condition No.4 of Planning Permission No. 12/00959/PPP (Mixed Use Development in Principle Comprising Residential Development, Neighbourhood Centre, etc.) in Order to Bring Forward the Timescale for Commencement of Work of the Proposed Supermarket and Neighbourhood Centre currently being considered.

18/00800/MSC Approval of Matters Specified in Conditions Application (in Relation to Planning Permission in Principle Consent No. 12/00959/PPP) : Detailed Residential Development for 580 Dwellinghouses with Associated Access Roads, Landscaping, Open Space and Infrastructure currently being considered.

18/00804/MSC Approval of Matters Specified in Conditions Application seeking discharge of relevant pre-development conditions in relation to Planning Permission in Principle Consent No. 12/00959/PPP (Mixed use development in principle comprising residential development, neighbourhood centre, etc.) currently being considered.

5. Development Plan

5.1 The proposals require to be assessed under the terms of the adopted North Lanarkshire

Local Plan and in particular under the terms of:

Policy NBE 3A (Green Belt)

Development Strategy Policies 1, 2, 3 and 4 (assessment of amount, location, impact and quality of development)

10. Consultations

6.1 NLC Pollution Control raise no objection to the application. In respect to the noise report,

the findings are considered generally acceptable and there is a requirement for an acoustic barrier to be constructed to the south of the site where it bounds the proposed residential area associated with application no. 18/00800/MSC. This can be secured via conditions. Similarly, Site Investigation requirements can also be secured through conditions. They are satisfied with the submitted Air Quality Assessment. Otherwise, matters of construction impact are raised and these could be addressed as advice in the decision notice.

6.2 The Coal Authority have no objections to the proposals provided that the findings of the

Mason Evans Report (2015) are adhered to and implemented with particular reference to mine shaft stabilisation.

6.3 NLC Traffic and Transportation raise no objection to the application. Detailed discussions

have taken place in respect to the layout with additional supporting information and updated layouts provided. Comments have been made in respect to internal layout matters, including

elements of the proposed footway provision, some street lengths and delineation and aspects of the driveway and parking delivery. From a planning perspective, it is highlighted that these are final outstanding comments following a detailed process of refinement where many aspects of the layout have been positively developed. There are no concerns raised over the relationship with the wider public road network, subject to appropriate measures being put in place.

6.4 NLC Greenspace raise no objection to the application provided that the recommendations

within the protected survey reports are adhered to. Comments are given on the proposed mitigation and it is considered that matters can be secured where necessary through planning conditions.

6.5 NLC Arboriculture have no objection and welcome the fact that woodland blocks and shelter

belts are being retained and incorporated as part of the development, in addition to supplementary woodland planting being carried out. Suitable tree protection measures should be in place during construction.

6.6 Scottish Water have no objections as there appears to be capacity to serve the

development, however state that a formal application should be submitted to them once planning permission is granted.

6.7 SEPA initially objected to the application due to lack of information. Following the submission

of additional information the objection was removed. 6.8 NLC Learning and Leisure have stated that the existing football pitch is substandard and

problematic in terms of intrusion of privacy to the local residential area in terms of noise, ball encroachment, anti-social behaviour and reported damage to property and is adjacent to a significantly busy road. The site is not used in a regular basis and car parking is very poor. The Council has moved away from single pitch sites that are inefficient to operate with limited capacity to meet demand towards multi pitch and hub sites that will provide economies of scale on maintenance and improve the effectiveness, efficiency and profitability of service delivery. They propose that investment is redirected to an alternative site in the vicinity of the development site.

7. Representations

7.1 Following neighbour notification procedure and advertisement in the local press, one letter of

representation was received. It was neither an objection nor a letter of support, the writer merely asked what establishments are likely to occupy the new build.

8. Planning Assessment 8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions

must be made in accordance with the development plan unless material considerations indicate otherwise. It is considered that the proposal raises no issues of a strategic nature in terms of the Glasgow and Clyde Valley Strategic Development Plan (SDP) 2012. The site benefits from Planning Permission in Principle (PPP) from 2015 and a Section 75 Legal Agreement is in place to ensure payments towards Education provision, Community payments, and land transfer for future Cemetery extension.

North Lanarkshire Local Plan 8.2 The adopted North Lanarkshire Local Plan allocates the site as NBE3A ‘Green Belt’. The

emerging Local Development Plan reflects the PPP approval and allocates the site as a proposed housing site where Policy PROM LOC3 (Housing Development Sites) applies. As part of the approved PPP a Neighbourhood Centre was also approved, therefore, by virtue of the site benefitting from PPP, it is considered that the current Matters Specified in Conditions application does not require to be assessed against Green Belt Policy (NBE3A).

8.3 Policies DSP1-4 include DSP1 (Amount of Development), DSP2 (Location of Development),

DSP3 (Impact of Development) and DSP4 (Quality of Development). With regard to Policy DSP1 (Amount of Development), the proposed development site benefits from PPP and complies from a quantative perspective. In light of the policy DSP1 Policy position, it follows that the proposal is consistent with the NLLP’s basic locational criteria set out in DSP2.

8.4 Policy DSP3 (Impact of Development) considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. In this instance, the application forms detailed elements of the PPP. A S75 legal agreement is already in place which seeks appropriate contributions towards Education provision (£4,000 per housing unit – 580 dwellings), a Communities contribution of £1,150,000. In terms of affordable housing, agreement on the nature of the delivery mechanism is in place and this would partly be delivered on site (40 units) and the remaining through a separate legal agreement which will ensure a financial contribution (circa 105 units). The S75 also ensures that there is a land transfer to the Council for a future Cemetery extension at land adjacent to Bedley Cemetery and a separate planning permission exists for a cemetery extension.

8.5 Taking the above matters into account, it is considered that the proposed development

accords with Policy DSP3. 8.6 Policy DSP4 (Quality of Development) requires development proposals to only be permitted

where high standards of site planning and sustainable design are achieved. This also considers other impacts, such as amenity and privacy. In terms of the policy, proposals require to be assessed against a set of criteria.

a. Design Principles Including Provision for the Development and Links to Nearby Green

Networks 8.7 The layout and nature of the neighbourhood centre is considered to be acceptable and is to

be accessed off a new junction off Avenuehead Road suitable for a commercial development of the nature proposed. There is adequate parking provision for customers and the servicing arrangements for the commercial properties is deemed adequate. Dwellings within the proposed housing site adjacent to the neighbourhood centre can be accessed via the commercial access ensuring that that the housing area immediately adjacent to the neighbourhood area has two accesses to and from the site, which is required due to the number of housing being constructed in this area ie 255. Material finish to the units can be controlled via conditions. Satisfactory linkages are also considered to be provided to the surrounding area. The development, although impinging on some local habitat, mitigates strongly through additional habitat works, pond creation and protection of sensitive areas of habitat.

b. Safe, Inclusive, Convenient and Welcoming Development

8.8 Access to the site has evolved following assessment and determination of the PPP. NLC

Transportation raised no objection to the application, subject to conditions. As stated in paragraph 2.3 above, various road improvement are proposed on Drumcavel Road and Avenuehead Road which include road widening, road straightening, stopping up, junction re-alignment, a new roundabout and traffic signal works.

c. Energy Resources and Sustainable Development

8.9 In terms of sustainable development, it is acknowledged that the site’s inclusion for

development purposes in the emerging Development Plan has followed the local plan process in light of the PPP approval. As a site, it is also designed to link to local footpaths with a satisfactory proximity to local amenities.

d. Air Quality, Noise and Pollution Impacts

8.10 With regard to potential pollution impacts, an air quality report was submitted as part of the

MSC submission and was found to raise no undue concerns. A noise impact assessment has been submitted as part of this application and raises no significant concerns. A requirement for noise mitigation at two parts of the site (acoustic fence/bund) can be secured through a condition. No other pollution concerns have been raised through consultation.

e. Drainage and Water Body Status

8.11 SEPA have no objections to the proposals. A condition is proposed to ensure requirements

of SEPA and general SUDS principles are satisfactorily achieved and a further condition is proposed in respect to the Developer meeting all requirements of Scottish Water.

f. Impact on Local Amenity 8.12 It is acknowledged that there would be a change in amenity for neighbouring properties as a

result of the visual change from fields to commercial development. While loss of view is not a material planning consideration, it is valid to consider visual impact. On this site, the principle of development has already been agreed through the PPP approval. On balance, this is considered acceptable from the perspective of visual amenity from the adjoining roads and beyond.

8.13 While it is again noted that right to a view is not a material planning consideration, it is

accepted that the development would be a notable change in the landscape. Taking into account the PPP, a residential and partly commercial land-use has however already been confirmed as acceptable. Existing and proposed levels also do not raise any unacceptable relationship issues, with elements of the development being slightly higher than existing. On balance, while it is acknowledged that the development will see a marked change from the existing situation, it is not considered to create visual or amenity impacts that would merit refusal of the application.

8.14 In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4. Consultations 8.15 In terms of the consultation responses received, it is considered that the outstanding matters

which have not been covered earlier in this report could be suitably addressed by way of planning conditions or advisory notes attached to any permission.

9. Conclusions 9.1 In conclusion, following assessment of the application, it is considered that the proposed

neighbourhood centre satisfactorily complies with the relevant policies of the North Lanarkshire Local Plan and the Planning Permission in Principle approval. It is therefore recommended that planning permission is granted, subject to conditions.

Application No: 18/01750/PPP

Proposed Development: Cinema, Commercial Leisure, Hotel, Food/Beverage, Retail, Car Showroom and Business Incubator Uses with Associated Landscaping, Access, Parking and Infrastructure (In Principle)

Site Address: Site At Castlecary Way Westway Retail Park Cumbernauld

Date Registered: 11th December 2018

Applicant: Promontoria Holding (177) BV c/o Agent 8 Wemyss Place Edinburgh EH3 6DH

Agent: Adam Richardson Wemyss House 8 Wemyss Place Edinburgh Scotland EH3 6DH

Application Level: Major Application

Contrary to Development Plan: No

Ward: 02 Cumbernauld North Danish Ashraf, Calum Currie, Tom Fisher, Alan Masterton,

Representations: 103 letters of representation received.

Recommendation: Approve Subject to Conditions Reasoned Justification:

The proposal accords with the Strategic Development Plan and is considered to be acceptable when assessed against the Council’s adopted Local Plan. With regards to the proposed retail elements, this proposal is for significantly less comparison retail floor space than has consent at this location and the unrestricted class 1 retail is also less than has previously been consented for the site. As such there would be no requirement to reassess impacts on the vitality and viability of the town centre network. The site has been demonstrated as being suitable for the remaining uses proposed.

Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396.

Planning Application: 18/01750/PPP Name (of applicant): Promontoria Holding (177) BV Site Address: Site At Castlecary Way, Westway Retail Park, Cumbernauld Development: Cinema, Commercial Leisure, Hotel, Food/Beverage, Retail, Car Showroom and Business Incubator Uses with Associated Landscaping, Access, Parking and Infrastructure (In Principle)

Proposed Conditions:- 1. That before development starts, a further planning application for approval of matters specified in

condition (MSC) shall be submitted to the Planning Authority in respect of the following matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, car and cycle parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) details of the management and maintenance of the areas identified in (d) above; (f) the design and location of all boundary walls, barriers and fences; (g) the provision of surface drainage works incorporating SUDS; (h) the disposal of sewage; (i) details of existing trees, shrubs and hedgerows to be retained; (j) details of existing and proposed site levels. (k) hours of operation Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as

amended by the Planning etc (Scotland) Act 2006. 2. For the avoidance of doubt, no permission is hereby given for the indicative site layout submitted

with this application. This serves as an indicative layout only. Reason: To define the terms of this permission. 3. Any developments associated with Class 1, Class 3, Class 10, Class 11 or sui generis uses shall

not be located within the inner zone of the HSE consultation distance around the William Grant & Sons site, unless the total floorspace of the building is less than 250m2. Any development associated with Use Class 4 shall not be located within the inner zone of the HSE consultation distance around the William Grant & Sons site unless each building will have fewer than 100 occupants and less than 3 occupied storeys. If a creche, day nursery or day centre (Use Class 10) is to be provided, the building in which it is located shall not lie within the inner or middle zones of HSE consultation distance around the William Grant & Sons site.

Reason: As recommended by the Health & Safety Executive due to the close proximity of the

hazardous substance activity. 4. That notwithstanding the terms of condition 1 above, unless otherwise agreed in writing by the

Planning Authority, the Class 1 Retail use hereby permitted shall not exceed 1,858 sqm gross (Convenience) and 4,599 sqm gross (Comparison) internal floorspace.

Reason: To define the permission and to ensure that the development does not have impacts on

other existing town centres above those predicted in the Retail Impact Assessment by Savills (dated January 2019)

5. That notwithstanding the terms of condition 1 above, BEFORE any works of any description start

on the application site, a scheme of intrusive site investigations in relation to the mineral stability shall be submitted to and approved in writing by the Planning Authority. Depending on the results of the investigations, a detailed Remediation Strategy may be required and this shall be submitted to and approved in writing by the Planning Authority prior to any works being undertaken.

Reason: To ensure the mineral stability of the site.

6. That on completion of any remedial works identified by the intrusive site investigation required

under the terms of Condition 5 and before the commercial properties hereby permitted become operational, a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any such remediation works have been carried out in accordance with the submitted details.

Reason: To ensure the site is free of contamination.

7. Notwithstanding the terms of condition 1 above, before any works start on site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect

adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to the development site.

8. That the SUDS compliant surface water drainage scheme approved under the terms of Condition

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

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

9. Notwithstanding the terms of condition 1 above, before any works start on site, the applicant shall

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

Reason: To ensure the provision of satisfactory drainage arrangements. 10. Notwithstanding the terms of condition 1 above, before any works start on site, the applicant shall

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

Reason: To ensure the provision of satisfactory drainage arrangements. 11. Notwithstanding the terms of condition 1 above, the scheme of landscaping shall include:-

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

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

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

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

Thereafter, the proposed landscaping shall be carried out in accordance with the terms of this

condition. Reason: To ensure the provision of acceptable landscaping and footpath provision and to

protect and enhance nature conservation. 12. Notwithstanding the terms of condition 1 above, before any works start on site, a management

and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-

a. the proposed footpaths; b. the proposed parking areas; c. the proposed external lighting; d. the proposed grassed, planted and landscaped areas; e. the proposed fences. Reason: To ensure the implementation of the landscaping scheme in the interest of amenity. 13. That before the development hereby permitted is first operational, the management and

maintenance scheme approved under the terms of condition 12 shall be in operation.

Reason: In the interests of visual amenity. 14. That unless otherwise agreed in writing by the Planning Authority the recommendations

detailed in the Preliminary Ecological Appraisal Report dated November 2018 by Surface Property shall be carried out to the satisfaction of the Planning Authority.

Reason: In the interests of biodiversity.

15. That should 12 months or more elapse between the date of the ecological surveys approved as

part of this permission, and development commencing, further surveys shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation or protection of any protected species, these shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992.

16. That any mechanical plant associated with the development hereby permitted should not give

rise to a noise level, assessed with windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C) 35 between 07.00 hours and 23.00 hours and N.R.C 25 at all other times.

Reason: In the interests of residential amenity. 17. That BEFORE any works of any description start on the application site a programme of

Archaeological works to establish the presence or absence of cultural heritage remains is submitted to, and approved in writing by, the Planning Authority. For the avoidance of doubt the programme shall consist of trial trench evaluation. In the event of any remains being uncovered then no works shall take place until suitable mitigation is agreed in writing by the Planning Authority. Any mitigation shall thereafter be implemented in accordance with a timetable to be agreed in advance.

Reason: In the interests of the preservation of cultural heritage. 18. That before the development hereby permitted starts a comprehensive site investigation

requires to be submitted for the proposed residential development to the satisfaction of the Local Authority. This investigation must be carried out in accordance with the British Standard Code of Practice BS 10175: 2011 "The Investigation of Potentially Contaminated Sites". The report must include a site specific risk assessment of all relevant pollution linkages, be carried out in accordance with the Environment Agency publication Model Procedures for the Management of Land Contamination CLR11, and be submitted in both hard copy and electronic format. Depending on the results of this investigation a detailed remediation strategy or gas control measures may be required. Before development begins any remediation work required must be completed and verification provided by the developer to the satisfaction of the Local Authority.

Reason: To ensure that the site is free of contamination in the interests of the environmental

amenity of the area. 19. That any mitigation works identified as part of the Site Investigation required under condition 18

above shall be carried out and verified by a suitably qualified environmental engineer to the satisfaction of the Planning Authority prior to construction work commencing on site.

Reason: In the interests of the environmental amenity of the area 20. That notwithstanding the terms of Condition 1 above, any MSC application or further planning

application shall have regard to the access strategy and transportation mitigation works identified in the supporting Transportation Assessment and additional comments dated in the Dougall Baillie Associates statement dated 28th February 2019

Reason: To ensure satisfactory vehicular, pedestrian and cycle access to the site. Background Papers: Consultation Responses: Traffic & Transportation dated 3rd April & 16th April 2019 Memo received from NLC Archaeology Service received on 11th January 2019 Memo received from NLC Protective Service received on 25th January 2019 Letter received from Scottish Water received on 14th January 2019 Letter received from Historic Environment Scotland received on 17th January 2019 Letter received from Health and Safety Executive received on 12th April 2019 Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632500 Report Date: 29th May 2019

APPLICATION NO. 18/01750/PPP

REPORT 1. Site Description

1.1 The application site is comprised of Westway Retail Park and vacant grassed land directly to

the west within the Wardpark North area of Cumbernauld. The application site is approximately 18.4 hectares rising upwards gently from south to north. The site is surrounded by an established industrial area to the north, east and west with vacant landscaped strips of land to the south, beyond which is the M80 motorway.

2. Proposed Development 2.1 Planning permission in principle is sought for a major development incorporating a mixture of

commercial uses such as; Cinema (Class 11 – Assembly/Leisure), Commercial Leisure (Class 11 – Assembly/Leisure), Hotel (Class 7 – Hotels and Hostels), Food/Beverage (Class 3 – Food & Drink), Retail (Class 1 – Shops), Car Showroom and Business Incubator Uses (Sui Generis) with Associated Landscaping, Access, Parking and Infrastructure (In Principle). An indicative layout shows access taken from the existing roundabout at Napier Road and Castlecary Way leading to the following uses:

Class 1 Retail (Convenience) – 1,858 sqm (gross)

Class 1 Retail (Comparison) – 4,599 sqm (gross)

Class 3 Food & Drink – 2,854 sqm (gross)

Class 7 Hotel – 5,574 sqm (gross)

Class 11 Assembly & Leisure – 13,936 sqm (gross)

Sui generis (car showroom, pub/restaurant and petrol filling station uses) – 3,576 sqm (gross)

3. Applicant’s Supporting Information 3.1 The applicant has submitted the following in support of the proposal:

Air Quality Impact Assessment

Indicative Concept Masterplan

Archaeological Assessment

Ecology Report

Flood Risk Assessment

Noise Risk Assessment

Design and Access Statement

Pre application report

Planning Statement

Retail Impact Assessment (RIA)

Transport Assessment

Drainage Impact Assessment

Arboriculture Report

Site Investigation Report

Landscape and Visual Assessment

Geotechnical Report 4. Site History 4.1 The following previous applications are relevant to the current proposal:

04/00680/OUT – Construction of production facility for OKI (18,500 Square Metres) a retail warehouse park (30,650 square metres) and three fast food outlets – Approved 20th August 2004

04/01917/REM - Construction of retail warehouse park (30,650 sq m) with 3 fast food units (1,800 sq m) including parking, servicing and landscaping - Approved 2nd February 2004

06/01238/FUL - Variation of Condition 16 and Removal of Condition 20 of Outline Planning Permission N/04/00680/OUT - Approved 24th of August 2006

06/01240/FUL - Variation of Condition 7 and Removal of Condition 10 of Planning Permission N/04/01917/REM - Approved 24th August 2006.

13/00273/AMD Non-compliance with conditions (Section 42) restricting the sale of goods (Planning Permissions 04/00680/OUT (condition 16) 04/01917/REM (condition 7 and 8) 06/01238/FUL (condition 1) 06/01240/FUL (condition 1) 06/01341/FUL (condition 2) and 06/01342/FUL (condition 2) - Approved 12th June 2013

14/02369/FUL Amalgamation of Units 5b and 6 and Change of Use to Unrestricted Class 1 Retail – Approved 29th January 2015

15/01614/FUL Construction of Unrestricted Class 1 Retail Unit and Lifting of Restrictions to allow Convenience Goods to be sold from Unit 8 – Approved 8th October 2015

13/01138/PAN Proposal of Application Notice: Major Development, Supermarket, Petrol Filling Station, Car Wash, Car Parking, Access, Landscaping and Associated Works – Comments 8th July 2013

18/01305/PAN Mixed Use Development Including Cinema, Commercial Leisure, Hotel, Food/Beverage, Retail, Car Showroom and Business Incubator Uses With Associated Landscaping, Access, Parking and Infrastructure – Comments 30th August 2018

18/01424/EIASCR Screening Opinion Request (Retail Development) – Comments 29th October 2018

5. Development Plan

5.1 The application is of a strategic scale and must be considered both in terms of the Strategic

Development Plan (Clydeplan (SDP) 2017) and Local Plan (North Lanarkshire Local Plan) 2012 which designates the site as RTC 1 B1 (Retail Park).

6. Consultations

6.1 The following consultation comments were received:

NLC Traffic & Transportation raised no objection subject to the mitigation detailed in the transportation assessment.

NLC Archaeology comment that the proposed development has the potential to damage the remains of a Roman Marching Camp which has the potential to be National significance. While the western end of the site is likely to have been destroyed the eastern end survives under up to 3m of deposit. Of course this means that at some point in between these two extremes the remains may be close to the current ground surface. However, as the scope and scale of the remains and the impact on them of the development is unknown there are insufficient grounds to object to the development. Therefore if the development does proceed , it is recommended that in advance of construction an experienced and suitably qualified archaeological contractor undertake the following programme of archaeological works by way of mitigation regarding the potential loss of the site.

Scottish Water have no objection refers to standing advice in relation to capacity and drainage.

Historic Environment Scotland comment that the proposed development is within the footprint of a known Roman temporary camp, as highlighted in the accompanying archaeological desk-based assessment report. This camp is not a scheduled ancient monument and is outwith the buffer zone for the Antonine Wall World Heritage Site. However, it is likely to relate to the construction and use of the Wall, both in date and in function and, as such, is a significant archaeological monument in its own right. It is recommended that the Council’s own archaeological services is consulted for advice and consideration.

NLC Protective Services have no objection to the proposed development and makes reference to best practice construction noise, noise from associated plant, dust control, construction waste, site investigation and light pollution.

Health and Safety Executive advice is that there are sufficient reasons, on safety grounds, for advising against the granting of planning permission in this case. This advice is based on the proposed layout shown in the Masterplan drawing (ref. 5779(2)MP005 Revision J), which indicates that one of the car showroom buildings and the Business Incubator Centre will be sited within the inner zone. It is noted that the Business Incubator Centre could include Use Classes 4, 10 and 11. HSE would not advise against the granting of planning permission if the following conditions were to be included with the permission:

a) Any developments associated with Class 1, Class 3, Class 10, Class 11 or sui generis uses should not be located within the inner zone of the HSE consultation distance around the William Grant & Sons site, unless the total floorspace of the building is less than 250m2. b) Any development associated with Use Class 4 should not be located within the inner zone of the HSE consultation distance around the William Grant & Sons site unless each building will have fewer than 100 occupants and less than 3 occupied storeys. c) If a crèche, day nursery or day centre (Use Class 10) is to be provided, the building in which it is located should not lie within the inner or middle zones of HSE consultation distance around the William Grant & Sons site.

7. Representations 7.1 Following the standard neighbour notification process and newspaper advertisement, 103

letters of representation received of which 96 letters in support including letters from Mr Jamie Hepburn MPS and Mr Stuart McDonald MP, 6 letters of objections and 1 letter as neutral.

7.2 4 of the letters of objection were received outwith the public consultation period which closed

on 29th January 2019. Out of time objections included letters of objection on behalf of owners of Cumbernauld Town Centre and covered the development being contrary to the local plan, scale of development, contrary to the town centre first sequential approach and inconclusive Retail Impact Assessment. Of the objections received in time these covered a range of matters including impact on existing and proposed activities on the adjoining site, the proximity to hazardous substance activities, noise, ground stability, impact on current road network, the town centre would be the more appropriate location for a cinema.

7.3 Of the supporting letters 6 were out of time. The letters of support relate to more retail

units/choice, significant economic value, good location for a cinema, residential survey in support, increase in choice of leisure/fitness facilities, great development for Cumbernauld, brings employment/investment opportunities to Cumbernauld and will bring Westway Retail Park back into life.

7.4 The one letter of neutral position makes reference to the requirement for Electric Vehicle

charge points within the development. 8. Planning Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997,

planning decisions must be made in accordance with the Development Plan unless material considerations indicate otherwise.

Clydeplan Strategic Development Plan 2017 (SDP)

Diagram 10 Assessments of Development Proposals

8.2 Diagram 10 is the relevant tool to determine compliance with the SDP, and, for those

proposals which do not comply, it provides criteria for Local Authorities to use when deciding if a departure is acceptable. Proposals must be considered against the relevant policy, schedules and diagrams appropriate to the type of development under consideration. In this instance policy 4 (Network of Strategic Centres) is relevant and the assessment is as follows:

Policy 4 (Network of Strategic Centres) 8.3 To support the Vision and Spatial Development Strategy all strategic development proposals

should:

Protect and enhance the network of Strategic Centres in line with their role and function, challenges and future actions as set out in Schedule 2 (the closest Strategic centre is Cumbernauld).

The RIA which accompanied the application focused on the analysis of the impacts of the class 1 convenience retail proposed. This approach was considered to be justified given the consent that exists for comparison retailing in excess of what is now proposed. The RIA found that the impact on Cumbernauld is limited, with the proposal

not considered to have a significant impact on its role and function, challenges and future actions.

Protect and enhance the long term health of Glasgow City Centre to ensure that there is no adverse impact on its role and function.

The proposal is not considered to be of a scale of nature and scale that would have an impact on Glasgow.

Recognise that while the Network of Strategic Centres is the preferred location for strategic scale development, such proposals are subject to the sequential approach and assessment of impact on strategic centres and the assessment of impact on the other strategic centres in the network. The applicant’s RIA contains a sequential test that concludes that no suitable alternative or sequentially preferable sites are available. In addition the RIA concludes that the convenience retail element of the proposal will not have a significant impact on strategic centres.

8.4 Taking the above into account and noting that extant consents and previous approvals exist

on the site for levels of floor space beyond that contained in the current application, it is considered that the proposal is in accordance with Policy 4 and therefore compliant with the strategic vision of the SDP.

North Lanarkshire Local Plan 2012

8.5 The site is zoned as RTC 1 B1 (Retail Park) in the Local Plan. Other relevant policy includes

DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development), DSP 4 (Quality of Development), RTC 1 (Protecting the North Lanarkshire Centre Network), RTC 3 (Assessing Retail and Commercial Leisure Development).

8.6 Policy RTC 1 (Protecting the North Lanarkshire Centre Network) is of relevance. This policy

indicates that the Council will protect the network of centres as the continuing focus of retail, leisure, civic and community uses. The policy identifies appropriate use classes for each centre within the network. Policy RTC 1 identifies the hierarchy of centres – Town Centres, Commercial Centres and Neighbourhood Centres.

8.7 Policy RTC 1 B1 (Retail Park) seeks to protect commercial centres and identifies appropriate

uses such as Class 1 (Shops), Class 3 (Food and drink) and Class 11 (Assembly and leisure). This policy contains a range of assessment criteria for determining acceptable development in the commercial centres. The applicant has submitted a planning statement and retail impact statement where it has been demonstrated that they have looked at available sites within Cumbernauld and Kilsyth town centres but discounted them and this has led them to conclude that the site at Westway is the next most appropriate location as it is within the Network of Centres. The RIA concludes that that no suitable alternative or sequentially preferable sites are available and the proposed Cinema (Class 11 – Assembly/Leisure), Commercial Leisure (Class 11 – Assembly/Leisure), Hotel (Class 7 – Hotels and Hostels), Food/Beverage (Class 3 – Food & Drink), Retail (Class 1 – Shops), Car Showroom and Business Incubator Uses (Sui Generis) uses are proposed for a site which in terms of sequential testing is appropriate. Having assessed the existing centres in the catchment area the RIA concludes they are of reasonable to good health performing satisfactorily well against key vitality and viability indicators. With regards to the convenience floor space proposed, this is less than has previously been consented at the site. It is also noted that extant consents exist on the site for comparison retail floor space (in excess of what is now proposed) and food and drink uses (1800 sqm) and as such it would therefore not be appropriate to undertake further re-assessment of retail impact at this time.

It is therefore considered that on balance and in view of the above, the uses proposed would be appropriate at this location and in this case would be consistent with policy RTC 1 B1.

8.8 Policy DSP 1 (Amount of Development) states that additions to land supplies for retail

development of the scale proposed (over 2000 sq m comparison or 1000 sqm convenience floorspace outside Town Centres) should be justified in terms of their impact on town centres, these being Ravenscraig, Motherwell, Cumbernauld, Airdrie, Coatbridge, Bellshill, Kilsyth and Wishaw. While the RIA accompanying the current proposals largely focuses upon

convenience impacts, which were shown to be fairly modest, it should be noted that as the site benefits from extant permissions and consents for comparison floor space in excess of what is currently proposed and there has been previous consents for class 1 retail (again in excess of what is now proposed) further re-assessment of retail impact would not be required. As such further re-assessment of retail impact would be inappropriate.

8.9 Policy DSP 2 (Location of Development) supports urban regeneration by utilising brownfield

land and maintaining clearly defined urban/rural boundaries. It also safeguards environmental assets, seeks to improve accessibility, maintaining urban and rural boundaries and safeguards the vitality and viability of Town Centres. The zoning of the site has established that certain types of development (Class 1, 3 and 11) are generally appropriate at this location. The site is within the town boundary of Cumbernauld and adjacent to the M80 motorway and industrial/business uses, which is within a heavily urbanised context and does not provide any agricultural or spatial function separating the urban and rural environs. In addition, the site has little biodiversity value and no specific landscape features that would require to be safeguarded. As detailed above, the site benefits from extant permissions and consents for comparison floor space in excess of what is currently proposed and there has been previous consents for class 1 retail again in excess of what is now proposed further re-assessment of retail impact would not be required. In terms of accessibility, the site is able to link into existing sustainable public transport links as well as good car parking provision for journeys by car. On balance, taking the criteria into account and subject to the concerns relating to accessibility, it is considered that the proposal meets the terms of DSP 2.

8.10 Policy DSP 3 (Impact of Development) requires consideration of the impact of development

on infrastructure or facilities and if any contributions would be required to contribute to the cost of improving such infrastructure or facilities. In this instance, the consultation process has not identified any upgrading necessary and a developer contribution will not be required in this instance.

8.1 Policy DSP 4 (Quality of Development) seeks to achieve a high quality of development by

taking into consideration the site and its surrounding context and the design, layout, size and scale of proposals. It requires proposals to effectively mitigate any adverse impact on the nearest residents in terms of noise, air quality and gives consideration to the impact of development on residential amenity and any Transportation issues. The application is in principle only at this stage and it is considered that conditions could be secured to ensure that many of the finer details of the development could be assessed in depth at the MSC stage, where the full detail would be required. At this stage no approval is given for the indicative layout and the consultation responses suggest that there may be issues that would require a technical solution or mitigation. The proposal is not therefore contrary to DSP 4 subject to conditions to ensure that any adverse impacts could be sufficiently mitigated.

8.12 Policy RTC 3 (Assessing Retail and Commercial Leisure Development) requires commercial

developments of the scale proposed to be justified in terms of the following criteria:

Location of Development – Proposals for retail to be justified using a sequential approach, with first preference given to the most accessible established centres and thereafter for proposals to integrate with surrounding land uses and avoid sporadic development in less accessible locations.

It is accepted that the sequential approach has been followed in this instance and that there are no available sites in any of the nearby commercial centres that would accommodate the proposal. In terms of how the proposal would integrate, it is considered that an MSC application could mitigate any adverse impact. With respect to accessibility, there is a bus stop in close proximity with a relatively frequent service. The nature of the development and its location so close to junction 6 of the M80, where there will be options to visit the site using different modes of transport and for residents of the local area to walk or cycle. Taking the above into consideration the location is considered to be acceptable.

Impact of Development - Evidence is required of no significant adverse impact on the vitality, viability and environment of the RTC 1 Centre Network, Town Centre Action Plans and the road network. As indicated previously the Retail Impact Assessment focusses on convenience retail floor space and indicates no significant adverse impact on the vitality and viability on

the RTC 1 Centre Network. However, as highlighted throughout this report, the Westway site has a long and complex planning history with an extant consent for comparison retailing and 3 hot food units with the comparison floor space being significantly in excess of what is now proposed. In addition, there have been several planning permissions for convenience retailing in excess of what is now being proposed. As such it is not considered appropriate to require further retail impact assessments or revisit impacts of the proposed retail floor space on the town centre network. Furthermore the applicant has demonstrated that in sequential terms, the application site is the next suitable and available location for the development of the scale being proposed by this application In terms of Transportation matters, it is not considered that the proposal would have an adverse impact subject to a condition that the impact is mitigated at the MSC stage. Taking into account all of the above, it is considered that the proposed development accords with this policy.

8.13 North Lanarkshire Local Development Plan (Modified Proposed Plan): Although only

limited weight can be given to this plan given the stage it is at it is worth noting that Westway Park, Cumbernauld is identified in the Local Plan (Promote Map) as being part of a network of Mixed Use Centres which are defined under the Plan’s Placemaking Policies. Specifically the site is included as a large urban centre under policy 1B Town and Large Centres. This designation includes the existing retail Park as constructed as well as potential land for expansion to the west and south of the current building footprint. The current proposals are contained within the designated centre.

Policy 1B Town and Large Centres has two components, the first is PP 1B Purpose of Place Policy and Purpose of Place Policy Guidance, the second is AD 1B Amount of Development Policy and Amount of Development Policy Guidelines.

1) PP 1B Purpose of Place Policy and Purpose of Place Policy Guidance seeks to support and encourage the provision of a range of appropriate uses and improvements to the physical environment to help maintain the role and function of the Town and Large Centres within the Network of Centres and support delivery of Town Centre Action Plans. Within Town and Large Centres, high footfall generating uses are appropriate, where the infrastructure exists to support them and facilitate the transport of large numbers of people and neighbouring uses are assessed as being compatible. This accords with the sequential approach as defined in Scottish Planning Policy in support of the Town Centres First Principle.

This Policy also sets out Use Classes that are deemed appropriate in such centres (subject to meeting certain assessment thresholds). This includes all of the Uses that are being proposed within the current application, that is, Class 1 shops (including sui generis: Sale or display of motor vehicles), Class 3 food & drink (including Sui Generis), Class 7 Hotels and Class 11 Assembly & Leisure.

In terms of location and the type of use proposed, the application would appear to comply with the designation and purpose of place policy guidance, albeit subject to consideration of whether the scale of development proposed is in accordance with the Amount of Development component).

2) AD 1B Amount of Development Policy and Amount of Development Policy Guidelines

states that Applications for planning permission for new development will be assessed for their implications related to the amount of development proposed. The need for an assessment depends on the combination of type (use class), scale and location of development.

It should be noted that in Town and Large Centres such as Westway there is no requirement to assess certain types of floorspace. With regard to the current application it should be noted that there is no requirement to assess the amount of

floorspace that is Class 3 Food and Drink, Class 7 Hotels or Class 11 Assembly & Leisure. With regard to Class 1 Retail, the other key component of the Westway application it is noted that for development Over 2,500 sqm gross such proposals should be subject to the Sequential Approach and the assessment of impact. In this regard it has been previously indicated throughout this report, that, whilst the application contains specific Class 1 components (1,858 sqm convenience and 4,499 sqm comparison) that amount to over 2,500 sqm), previous consents and permission are at a scale that there is no requirement to re-assess impacts. Arguably the current policy would not require an assessment of the 1,858 sqm convenience element either as it is under that threshold if it is accepted that the comparison element has a valid consent through the past permissions approved on site.

Overall the application proposals would appear to be in accordance with the policies contained within the proposed Local Development Plan, particularly with regard to the network of centres and the site’s designation as a Town and Large Centre.

8.14 Consultations: With to the comments made by Traffic & Transportation. In response to the

comments of the Coal Authority a condition is recommended to ensure that the appropriate site investigation takes place. In relation to the request of Transport Scotland for further details of the boundary treatment and drainage conditions are recommended securing this. It is not considered to be necessary to control advertisements associated with the development under this application as advertising is managed under its own planning legislation.

8.15 Representations: In response to the concerns raised, the following comments are offered:

Point of objection: Proximity to hazardous substance activities at the Williams Grant & Sons facility to the west of the application site impacting on existing and proposed plans Comment: The Health & Safety Executive have been consulted on this application and advice is that based on the proposed indicative layout there are sufficient reasons, on safety grounds, for advising against the granting of planning permission. However so long as planning conditions are imposed to protect their interests they would not advise against permission being granted. These conditions have been attached to the permission and the impacts of the development will be considered in detail following the submission of an MSC or further detailed planning application. The future proposals of the adjoining landowner cannot be given any significant weight at this stage. Point of objection: Noise from activity on the adjacent Williams Grant & Sons site will impact the proposed hotel use. Comment: No issues were raised in the Noise Impact Assessment or by NLC Protective Services in relation to this. Point of objection: There is a concern that the proposed development and the associated earth works could impact ground stability on the adjacent land. Comment: The submitted Geotechnical Report does not advise that the site is unsuitable for development and a technical solution is available for the site grounds conditions. Point of objection: The introduction of additional retail and leisure uses will adversely impact on congestion and road safety on current road network. Comment: NLC Traffic & Transportation have offered no objection regarding traffic impacts

9. Conclusions 9.1 In conclusion, the proposal is considered to be in accordance with the SDP and the adopted

local plan. It should also be noted that a key element in the consideration the current proposals relates to the nature of previous extant consents and approvals on site. These have established the principle of large scale comparison retailing at the site (in excess of what is now being proposed) and also 3 units for class 3 Hot food Uses. Convenience retailing has also previously been consented at the site, again in excess of the floor space being sought in this proposal. The site has been shown to be sequentially an acceptable location for the

remaining proposed uses and there is policy support for the Class 11 uses in particular. The uses proposed as part of the application could be successfully accommodated within the site in principle subject to the detailed impact being assessed further at the Matters Specified by Condition Stage. Notwithstanding the points of objection it is recommended that the committee approve planning permission in principle subject to conditions.

Application No: 18/01798/FUL

Proposed Development: Eight Dwellinghouses

Site Address: Site Adjacent To 37-41 Greenhill Road Hareshaw North Lanarkshire

Date Registered: 30th January 2019

Applicant: Mr Alex Bankier Fernieshaw Farm Hareshaw Cleland ML1 5NQ

Agent: Tommy Cochrane (TMC Planning) 37 Dyfrig Street Shotts ML7 4DQ

Application Level: Local

Contrary to Development Plan: Yes

Ward: 13 - Fortissat, Tommy Cochrane, Martin McCulloch, Claire Quigley, Kenneth Stevenson

Representations: Two letter(s) of representation received.

Recommendation: Refuse Reasoned Justification:

The proposal fails to meet the criteria of the North Lanarkshire Local Plan Green Belt policy in that, it is considered to represent a residential development in the green belt without adequate justification, or any exceptional circumstances, and it would set an undesirable precedent for other such developments within the immediate vicinity and across the wider green belt areas.

Legal Agreement:

If minded to grant, planning permission should not be issued until the developer has concluded a legal agreement with the Planning Authority to secure the appropriate level of financial contribution to education provision.

Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396.

Planning Application: 18/01798/FUL Name (of applicant): Mr Alex Bankier Site Address: Site Adjacent To 37-41 Greenhill Road Hareshaw North Lanarkshire Development: Eight Dwellinghouses

Recommendation: Refuse for the following Reasons:

1. The proposal is contrary to policy NBE 3A (Green Belt) and associated Supplementary

Planning Guidance Note SPG07 of the North Lanarkshire Local Plan as it constitutes inappropriate development in the Green Belt in that it does not fulfil the requirement for any residential development to be in connection with agriculture, forestry, horticulture or other appropriate rural uses. Furthermore, no adequate justification, special circumstances or material considerations have been demonstrated to merit a departure from this policy.

2. The proposal is contrary to policy DSP 4 (Quality of Development) of the North Lanarkshire Local Plan as the proposal will result in a reduction in the existing levels of landscape value, biodiversity and amenity value

3. If permitted, the proposal would set an undesirable precedent for other similar unacceptable and inappropriate development proposals within the Green Belt.

Background Papers: Consultation Responses: Consultation advice from Archaeology Service, dated: 12/02/2019 Consultation advice from Roads Services, dated: 09/05/2019 Consultation advice from Pollution Control Services, dated: 14/02/2019 Consultation advice from Greening Service, dated: 24/04/2019 Consultation advice from The Coal Authority advice, dated: 08/05/2019 Consultation advice from Education Services, dated: 15/05/2019 Contact Information: These documents can be viewed online at www.northlanarkshire.gov.uk using the reference number 18/01798/FUL Report Date: 31st May 2019

APPLICATION NO. 18/01798/FUL

REPORT 1. Site Description

The site extends to around 0.8 hectares of greenfield land in the countryside, lying south east of the Hareshaw village settlement. The site is part of a larger established agricultural green field that appears to have been used for grazing.

1.1 The site is open on three sides, and is bounded on the fourth side by the mature tree lined Greenhill Road roadway. On the other side of the road (east side) lies a largely brownfield area of the village which is within the village envelope and is characterised by a mixture of dwellinghouse plot developments that have taken place incrementally over the years.

2. Proposed Development

2.1 The applicant seeks planning permission for eight large detached modern 2 storey villas. The

villas will range from 4 to 5 bedrooms, each with its own spacious garden area, driveway and garage. The plots are proposed to be accessed from Greenhill Road. Materials have not been specified although the submitted plans indicate render walls and grey tiled roofs.

2.2 The applicant proposes to retain the existing hedgerow next to Greenhill Road and

approximately 9 trees from the many lining this road. This thin green strip will be punctured into, to provide for vehicular and pedestrian access to all eight dwellinghouses. A landscaped strip is proposed to bind the application site from its sides and rear.

2.3 This application is similar to the recent planning application 18/00829/FUL which, was refused

on green belt grounds. When comparing these two applications, the main differences are that there are now three design types and the applicant this time proposes a full continuous 2 metre wide footpath to the front of the site.

3. Applicant’s Supporting Information

3.1 As part of the planning application submission, the agent has highlighted the following points:

Woodland creation forming a new greenbelt boundary. The applicant in conjunction with the forestry commission has allocated land for woodland creation, directly behind the application site. This woodland creation is felt to harden the greenbelt at this point and make efficient use of what is redundant farmland.

Special circumstances to allow release of site. It is proposed that there are ‘special circumstances’ and material consideration to use this unproductive land. This would also enhance the amenity value of the area by having this land in use rather than being a black field, uneconomical to farm.

Good quality infill development. This proposal, according to the applicant, is considered to be of a design better than the one previously submitted under the refused planning application 18/00829/FUL. It would infill a quadrant of the village that is undeveloped, bringing economic social and amenity value to a community, in line with Scottish Government objectives.

Meets housing demand. There are pressures on delivering housing in North Lanarkshire, both rural and urban. Small developments like this encourage people to relocate to areas outwith the urban communities, which are struggling to cope with the amount of housing both consented and proposed.

3.2 The agent has requested that he be heard at Committee, before a decision is taken. However, as the recommendation is for refusal, any hearing would be contrary to the council’s approved protocol.

4. Site History

11/01402/FUL Planning application for 3 residential plots refused 12 April 2012 on greenbelt grounds.

17/00135/FUL Planning permission for four dwellinghouses on the site was refused on 10 May 2017 on greenbelt grounds.

18/00829/FUL Planning application for Eight Dwellinghouses on the site was refused on 28 August 2018 on greenbelt grounds.

None of the above applications were subject of planning appeal.

5. Development Plan

5.1 The application site is designated as greenbelt in the North Lanarkshire Local Plan under

Policy NBE 3A.

5.2 The proposal will also be considered against Policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development on community facilities and infrastructure) and DSP 4 (Quality of Development).

6. Consultations

Archaeology Service: No objections subject to conditions. Roads Service: Refuse as the Greenhill road roadway is of substandard dimensions to

support the development safely. Pollution Control Services: No objections subject to conditions. Greening Services: No objections subject to conditions. Coal Authority: No objections. Education Service: Development Contribution: £6,643.72 (Cleland & St Mary’s Primary

School likely to be affected). 7. Representations

Two letters of representation have been received from local residents. The grounds of objection are summarised as follows; Removal of healthy line of mature trees - bat colony nesting in these trees. Site within green belt - development detrimental to existing levels of landscaping. Proposal will blight the landscape, natural environment and countryside. Development not in keeping with the individual nature of other properties on Greenhill

Road. Pressure on existing infrastructure i.e. sewerage system, water pressure, road. Increase in traffic noise, loss of light and views. The redundant land was used for grazing livestock till last year. Resubmission fails to address the main reasons for refusal of the original application. Existing road will be damaged due to construction traffic.

8. Planning Assessment

8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning

decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed in terms of the adopted North Lanarkshire Council local plan policies.

8.2 The site is designated as green belt within the North Lanarkshire Local Plan under Policy NBE 3A. The proposal also requires to be considered against Policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development on community facilities and infrastructure) and DSP 4 (Quality of Development). It should be noted that the site remains designated as greenbelt within the Modified Proposed Local Development Plan.

8.3 The NBE 3A green belt policy seeks to restrict development to acceptable types where there

is a justification in terms of agriculture, forestry, horticulture, telecommunications, power generation or other uses appropriate to a rural area including coal extraction, outdoor recreation, education and tourism that are compatible with an agricultural or natural setting. This proposal for a housing development provides no justification against these criteria. As a result, the proposal is contrary to policy NBE 3A. The proposal also fails against

Supplementary Planning Guidance 7, Assessing Development in the Green Belt (SPG 07), which reiterated these special requirements.

8.4 Policies DSP 1 – DSP 4 also require to be considered. Under policy DSP 1, there is no

justification required in terms of supply and demand as the size of development is below the threshold of ten units. The development is not an acceptable proposed addition to the existing land supply, and therefore, policy DSP 2 is not applicable. In relation to DSP3 (Impact on Infrastructure), there would not appear to be any significant issues with regard to the potential impact of the proposal on existing infrastructure (apart from a small financial contribution required by education service). Any planning permission would require conditions in any event to ensure all services can be provided.

8.5 With regard to DSP4 (Quality of Development), the proposed development in terms of its design, layout and material in this case is considered to be acceptable and in keeping with the neighbouring dwellings. Also, there is unlikely to be any detriment to privacy or day light. Despite the concerns of NLC Transportation, the scale and nature of the development is not such that this development in itself would impact on road safety to such an extent as to merit refusal of planning permission. This conclusion needs to be seen in the context of several incremental small scale housing developments in the village over recent years. None of the previous refusals (see section 4 ‘Planning History’ above) have included road safety as a reason for refusal.

8.6 The proposal fails against greenbelt policy, and is contrary to the development plan.

Therefore, in accordance with the requirements of Section 25 (see above), the proposal should be refused unless there are other material considerations that indicate it should be approved. It remains to be assessed therefore whether or not any such material considerations prevail.

8.7 As regards other material considerations, the points made by the applicant in support of the proposal are noted. Firstly, the applicant seeks to justify the proposal under policy NBE 3A 2. However this aspect of the policy contains impact criteria which are only applicable if the proposal is an acceptable type of development under policy NBE 3A 1. It has already been established that the proposal does not fit into that acceptable category.

8.8 As regards the point about, “allocated land” for woodland creation and the proposal for a new

greenbelt boundary, the application must be considered in the light of on-site conditions. In this respect, the site is clearly an agricultural field, and the natural and defensible green belt boundary is the Greenhill Road roadway on the eastern side.

8.9 The applicant has failed to provide any evidence to suggest that this land is unproductive. In fact, from Google aerial photographs dated 2019, it is clear that the land was being used for grazing livestock i.e. sheep. In any event, the greenbelt zoning would still apply and would not be dispensed with on the basis of its productivity value.

8.10 The point about the development representing an infill development is noted. Planning definition of “infill” is for the rededication of land in an urban environment. This site is clearly located within the green belt, and is outside the urban area. So, given its location and the neighbouring uses, this proposal cannot be considered as an infill development.

8.11 The points raised by the agent, whilst noted, do not therefore represent material

considerations that either individually, or together, weigh against the development plan position.

8.12 As regards any further material considerations, all the points raised, by the objectors,

including those with regard to the potential strain on the sewerage system, road safety problems and threats to trees are noted and appreciated. Road safety issues are addressed above, while the other concerns may be addressed by further proposed details or by specifically worded conditions of any planning permission, although on this occasion, for policy failure reasons explained above, permission will not be appropriate in this case.

9 Conclusions

The proposal is contrary to the development plan in that it represents an inappropriate development in the green belt. There are no material considerations that suggest that the development plan should not prevail.

9.1 Planning permission should therefore be refused for the reasons given.

Application No: 19/00161/FUL

Proposed Development: One and Two Storey Houses and Cottage Flats (20 units) with Associated Roads and Landscaping Works

Site Address: Land East of Mabel Street Motherwell

Date Registered: 15th February 2019

Applicant: NLC Enterprise & Housing, New Supply Fleming House 2 Tryst Road Cumbernauld G67 1JW

Agent: Coltart Earley Architecture 559 Sauchiehall Street Glasgow G3 7PQ

Application Level: Local Application

Contrary to Development Plan: Yes

Ward: 19 Motherwell South East and Ravenscraig; Kenneth Duffy, Agnes Magowan, Alan Valentine, Nathan Wilson

Representations: No representations received

Recommendation: Approve Subject to Conditions Reasoned Justification:

The proposed residential development on this site is considered an acceptable departure in relation to the Community Facilities policy of the North Lanarkshire Local Plan as the site is no longer required for such use. The proposed development can be accommodated without detriment to the surrounding area and will contribute towards the supply of new housing in accordance with the plan’s Affordable Housing policy.

Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396.

Planning Application: 19/00161/FUL Name (of applicant): NLC Enterprise & Housing New Supply Site Address: Land East of Mabel Street, Motherwell Development: One and Two Storey Houses and Cottage Flats (20 units) with Associated Roads and Landscaping Works

Proposed Conditions:- 1. That, except as may otherwise be agreed in writing by the Planning Authority, the

development shall be implemented in accordance with drawing numbers:- L(20)001, L(20)002, L(20)003, L(20)004, L(20)005, L(20)006,

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

2. That BEFORE the development hereby permitted commences a detailed site investigation

shall be carried out and a report of its findings shall be submitted to and approved in writing by the Planning Authority. Such site investigation shall be carried out in accordance with the British Standard Code of Practice BS 10175:2011+A2:201 "The Investigation of Potentially Contaminated Sites". The report must include a site specific risk assessment of all relevant pollution linkages, be carried out in accordance with the Environment Agency publication Model Procedures for the Management of Land Contamination CLR11, and be submitted in both hard copy and electronic format. Should this investigation identify any contamination of the site, a detailed remediation strategy shall also be submitted for approval prior to any development (other than investigative works) taking place, and no dwelling hereby approved shall be occupied until any agreed remediation measures have been completed and validated to the satisfaction of the planning authority.

Reason: In order to ensure that any contamination of the site is identified and properly addressed, in the interests of public health.

3. That BEFORE the development hereby committed commences a noise impact assessment

shall be submitted to and approved in writing by the Planning Authority. Such noise impact assessment shall detail the impact of functions held at the adjacent social club (including amplified music and patrons smoking outside or leaving the premises) against the representative background noise for the relevant time of day and night. The assessment shall also set out such noise mitigation measures to be provided within the new development as may be necessary in order to ensure that the impact of entertainment noise from the social club upon the new houses/flats is acceptable within the terms of commercial noise standard BS4142:2014. Thereafter, any noise mitigation measures so approved shall be fully implemented prior to the relevant dwellings being first occupied.

Reason: In order to ensure that occupants of the new homes do not experience undue noise and disturbance from neighbouring uses

4. That BEFORE the development hereby permitted commences, full details of:

(a) the facing materials to be used on all external walls and roofs; (b) the design, location and finishing materials for the fences, gates and walls; and (c) the design and finish materials to be used in the construction of the streets, footways,

junctions, parking courtyards and driveways; shall be submitted to and approved in writing by the Planning Authority.

The development shall thereafter be implemented in accordance with the details approved under the terms of this condition, unless agreed otherwise in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects, in order to ensure that materials and boundary treatments are visually acceptable in the local context.

5. That BEFORE the development hereby permitted commences, a scheme of landscaping shall

be submitted to and approved in writing by the Planning Authority. Such scheme shall include:- (a) details of any earth moulding and hard landscaping, boundary treatment, grass

seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number,

variety and size of trees and shrubs to be planted; (c) a detailed timetable for all landscaping works which shall provide for these works

being carried out contemporaneously with the development of the site. Thereafter all works included in the scheme of landscaping and planting shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the

development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To enable the Planning Authority to consider these aspects in detail and to ensure that appropriate landscaping is provided in the interests of visual amenity.

Background Papers: Consultation Responses: NLC Education received 24th April 2019 NLC Environmental Health (including Pollution Control) received 7th March 2019 NLC Play Services received 12th April 2019 NLC Roads Development received 2nd May 2019 Scottish Environment Protection Agency received 11th March 2019 Scottish Water received 28th February 2019 Contact Information: Any person wishing to inspect these documents should contact Mr Keith Bathgate on 01236 632500. Report Date: 21st May 2019

APPLICATION NO. 19/00161/FUL

REPORT 1. Site Description

1.1 The application relates to a rectangular site of 0.68ha, located on the north-east side of Mabel

Street, to the south of Motherwell town centre. The site currently comprises three elements:

An area of amenity landscaping at the north-western end of the site, on the corner of Airbles Street, which consists of grass crossed by footpaths and containing around ten mature trees. This part of the site slopes down away from Airbles Street, whereas the remainder of the site is relatively level;

The central part of the site, alongside Mabel Street, which contains a loose-surfaced informal car park, a temporary wooden building occupied by a boxing club, and a vacant area which formerly contained another temporary community building;

A rough grass ‘kickabout’ area containing a single set of football goals, at the south-eastern end of the site, alongside the footpath which connects Mabel Street to Camp Street.

1.2 The surrounding area is predominantly residential, including 2 and 3 storey houses and flats

which bordering the western part of the site. In addition, the site backs onto the rear boundaries of Glencairn Primary and Nursery Schools to the east and south-east, whilst on the opposite side of Mabel Street it faces a social club and a church. With the exception of the primary school (which is an older stone building), the buildings in the surrounding area either date from the 1960s/’70s or are modern redevelopments. A high sandstone wall runs along the north-eastern boundary of the site.

2. Proposed Development 2.1 Planning permission is sought for a development of 20 residential properties comprising:

one 4-bedroom two storey semi-detached wheelchair accessible house;

three 2 and 3 bedroom single storey detached or semi-detached wheelchair accessible houses;

six 2 and 3 bedroom two storey terraced houses;

ten 1 and 2 bedroom cottage flats; and

associated gardens, parking, and amenity space. The new homes would be affordable housing for rent from the Council’s Housing Service.

2.2 All vehicular access would be by way of a single access onto Mabel Street, which would

serve two communal parking courts containing a total of 48 parking spaces. The terraced houses and four of the flats would be positioned at the corner of Airbles Street and Mabel Street, with front door pedestrian access onto those streets and rear pedestrian access to the northernmost parking court. The other houses and flats would be positioned around the south-eastern corner of the site, set well back from Mabel Street behind the southernmost parking court, which these properties would front. A footpath would connect these units with the existing pedestrian link between Mabel Street and Camp Street.

2.3 Each house and flat would be provided with a private rear garden and small front garden, bin

storage area and off street parking facilities. Visitor car parking would be distributed throughout the site, and overall parking levels would comply with the Council’s parking standards. The buildings would be finished in a mixture of buff facing brick and off-white render, with grey concrete rooftiles. As a relatively small infill development within the existing urban area the proposal would not incorporate a full SUDS drainage scheme, but all parking areas would feature permeable paving. Landscaped areas would be provided alongside the two parking courts.

3. Applicant’s Supporting Information 3.1 The applicant has provided the following information in support of their application:

Plans

Bat Survey

Habitat & Invasive Species Survey

Flood Risk Assessment 4. Site History 4.1 The site once contained tenement flats, which were demolished circa 1960s. There is no

relevant recent planning history. 5. Development Plan

5.1 The application site is part of a larger site designated as a Community Facility in the North

Lanarkshire Local Plan, and therefore subject to policy HCF 1 B1 Community Facilities. As this is a new housing proposal policies DSP 1-4 are also applicable.

6. Consultations

6.1 A summary of the comments received are as follows:

i) NLC Education Education note that there are current capacity constraints at Dalzeil High School and that future capacity issues in local primary schools are anticipated. However, as the new housing is proposed by the Council itself the arrangements for mitigating impact on the schools estate will be dealt with outwith the planning process. Accordingly, no developer contribution is required.

ii) NLC Environmental Health (Pollution Control) Pollution Control has no objection to the proposal subject to a site investigation and a noise impact assessment being submitted to and approved by the Planning Authority, to any resultant mitigation measures being implemented, and to measures to minimise disturbance to nearby residents during construction.

iii) NLC Play Services Play Services note that the provision of on-site play/open space is not required for new housing developments of less than 30 units. They consider that the loss of the existing informal kick about area would not have a detrimental impact on open space provision within the local area.

iv) NLC Roads Development Team

The Roads Development Team has no objection to the proposal subject to various conditions relating to the design and construction of the roads and parking. These include turning the houses fronting Mabel Street and Airbles Street around so as to front the parking court, and providing a 10.5m corner radius at the junction of those two streets.

v) Scottish Environment Protection Agency

SEPA has no objection to the proposal but notes that part of the site may lie within a 1 in 200 year surface water flood risk area, and has suggested that this be considered by the local flood risk authority.

vi) Scottish Water

Scottish Water has no objection to the proposal.

7. Representations 7.1 Following the standard neighbour notification process and advertisement in the local

newspaper as a potential departure from the development plan, no representations have been received.

8. Planning Assessment 8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions

must be made in accordance with the development plan, unless material considerations indicate otherwise. The main issues to consider in the assessment of the application are the compatibility of the proposal with current and emerging development plan policy, the loss of

the existing open space and informal parking areas, the impact of the development on the site and surrounding area in terms of layout, design and on the residential amenity of the neighbouring development, and the impacts of existing non-residential uses upon the proposed new dwellings.

Development Plan Policies 8.2 This proposal raises no issues of a strategic nature and can therefore be assessed in terms of

relevant North Lanarkshire Local Plan (NLLP) policies. The site is part of a larger area which the NLLP designates for community uses under policy HCF 1 B1. Within such areas the Council will maintain community wellbeing of by protecting community facilities so allocated. In this case the wider allocation also covers the neighbouring primary and nursery schools and a modern housing development at School View/Glencairn Street (the inclusion of which reflected an earlier use of that site). The proposed development would result in the loss of an area of amenity landscaping, an informal car park and land formerly occupied by a small community building, and as such its redevelopment as housing would be contrary to policy HCF1 B1. However, as discussed in paragraph 8.13 et seq below it is considered that the application site is in practice of limited value as a community resource, whereas its development for housing would contribute towards the delivery of the Council’s policy of improving its social housing stock. Furthermore, whilst the proposal is contrary to the land use allocation in the adopted plan, it would be consistent with the land use policy contained in the emerging local development plan (see paragraph 8.16 below).

8.3 The NLLP also requires proposed developments to be assessed against DSP policies; DSP 1

(Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). In this instance, due to the scale and nature of the development, the proposal will be assessed against DSP 2, 3 and 4.

8.4 In terms of DSP 2 (Location of Development), new development may be granted if consistent

with the locational criteria including the reuse of brownfield urban land. The proposed development would utilise underused brownfield land within the urban area and the existing infrastructure/services at the location. The application is therefore considered to comply with the objectives of policy DSP 2.

8.5 Policy DSP 3 (Impact of Development) assesses the demand of new development on existing

neighbouring community amenities and infrastructure and where new or extended amenities/infrastructure is required the cost to be met by means of developer contributions. The proposal is a relatively modest residential development on an infill site within the urban area and there are no significant issues with regard to impact upon infrastructure. As the proposal involves only 20 units (of which 6 are single-bedroom) there is no requirement for an on-site play area, and the site is reasonably close to Duchess of Hamilton Public Park where play facilities are available. As noted above, where the developer is the Council itself education contributions are addressed outwith the planning system. The proposal therefore complies with the objectives of policy DSP 3.

8.6 DSP 4 (Quality of Development) states that development will only be permitted where high

standards of site planning and sustainable design are achieved. DSP 4 also requires all development to successfully integrate into the local area without causing any undue harm by relating well to existing surroundings and amenity through noise or disturbance. The general design guidance within DSP4 on new developments is augmented by the Council’s ‘Developers Guide to Open Space’. Combined, this guidance considers housing density/mix, open space, detailed design, impact on amenity (privacy, overshadowing etc.) roads, access and parking. As discussed below the design of the development is considered to be appropriate and the proposal therefore accords with policy DSP 4.

Design Principles 8.7 A development brief was prepared for the site prior to design commencing, in accordance

with which the new houses and flats at the corner of Mabel Street and Airbles Street have been orientated to provide active frontages onto both of those streets, whilst the buildings in the eastern part of the site are orientated to front their parking courts with the gable elevation of one of the houses fronting Mabel Street. This mixed layout replicates the urban form of two modern housing developments to the north of the site on either side of Glencairn Street, and it would help to improve the character of Airbles Street by increasing its residential frontage.

8.8 Existing buildings in the vicinity are of a mixture of heights and styles, but are predominantly

low-rise and most are finished in render and/or facing brick. The proposed new buildings

would reflect the scale and character of the surroundings by using similar materials and by being predominantly 2-storey, with single-storey houses at the eastern end of the site next to the nursery school (itself a single storey building). Density and garden sizes are considered to be appropriate. The existing red sandstone wall along the rear boundary of the site is an attractive feature and it is intended to retain and repair this wall as part of the development.

Safe, Inclusive, Convenient and Welcoming Development 8.9 The proposed road layout was developed to accord with NLC Transportation advice in

respect of the location of the access, whereby all vehicular access is to be off Mabel Street at a point well back from its junction onto Airbles Street, and appropriate 4.5m by 60m visibility splays would be provided at both the new access and the existing junction so as to maintain road safety. Whilst some comments have been made by the Roads Development Team in relation to building orientation and corner radii it is considered that the proposed layout represents good practice in urban design in these respects. A new 2m footpath would be provided along the north edge of Mabel Street and the existing 3m footpath on Airbles Street would be retained, along with the existing footpath connection to Camp Street. In addition to the main vehicular/pedestrian access, the new layout would also provide footpath connections onto both Airbles Street and Mabel Street at the extremities of the site to create more direct pedestrian routes. Whist the gradients at the west end of the site necessitate the use of steps on two of the footpath links, all parts of the site are accessible by way of stepless pedestrian routes. Parking would be provided in accordance with the Council’s adopted standard.

Energy Resources and Sustainable Development 8.10 The proposed development would occupy brownfield land near the centre of Motherwell, with

ready access to employment, local services and public transport within walking distance. The new houses and flats would have provision for multiple recycling bins in accordance with the Council’s waste management requirements. A bat survey and a habitat survey have been carried out, and these found no evidence of bats or other protected species on the site.

Air Quality, Noise and Pollution Impacts 8.11 A noise impact assessment is required in order to establish the degree of noise arising from

evening functions at the adjacent social club and any necessary mitigation measures should be incorporated into the specification of the new houses/flats. A site investigation should also be undertaken prior to development commencing, and any mitigation measures found to be necessary should be carried out. The site’s accessible location in central Motherwell would minimise the need for private car use.

Drainage and Water Body Status 8.12 A small part of the site may be within a low risk (1 in 200 year) surface water flood risk area

(i.e. localised flooding from exceptional rainfall, as opposed to fluvial flooding), however this is the case for many small areas within the urban area. The flood risk assessment and the applicant’s civil engineer have indicated that any such risk would be confined the south eastern corner of the site where the land is lowest, and that the proposed levels would provide more than sufficient freeboard and finished floor level to avoid risk of flooding of the new properties. As a relatively small infill development within the urban area it is not practical to provide a full SUDS scheme, but the proposal incorporates porous paving and soakaways within the parking water to allow the appropriate disposal of surface water from within the development, such that it should not increase the risk of flooding elsewhere.

Impact on Local Amenity 8.13 The existing area of grass mature deciduous trees at the western end of the site contributes

to the visual amenity of the area, but otherwise the open space area is of limited practical value. The trees are not subject to any tree preservation order and unfortunately they are too large to be incorporated into a new housing layout without effectively sterilising the western end of the site. As noted above the development of this part of the site provides an opportunity to restore additional active frontage onto Airbles Road, which is itself a desirable urban design outcome. On balance it is considered that the loss of the open space is acceptable given its limited functionality and the benefits of providing new street frontage at this location. New landscaping is proposed within the site, and whilst this will be of a smaller scale than the existing open space, it would ensure that the development was of appropriate appearance. The small kickabout area at the eastern end of the site is in unkempt condition and appears to be of limited value as a play area, and it is not considered that its loss would have a significant impact upon the availability of play spaces in the local area.

8.14 The existing building occupied by the boxing club is an old wooden building which has become run down in appearance, and therefore its redevelopment would improve the appearance of the area. Similarly, the parking area in front of the building is also somewhat untidy in appearance, lacking proper surfacing and clear boundaries. It is understood that apart from its use by the boxing club the main use of this car park is by patrons of the social club opposite, as that property has limited on-site parking of its own. It is acknowledged that the loss of the existing parking area would increase demand for parking on local streets, especially when large functions take place at the social club. However, it is understood that the social club had no formal rights over the parking area, and it is considered that there are sufficient alternative locations for public / on-street parking in the vicinity.

8.15 The applicant has submitted detailed cross sections and proposed site levels and following

detailed assessment of the site layout, it is considered that there are no significant adverse impacts on the amenity of the existing and proposed dwellings by virtue of overlooking, sunlight/daylight levels and privacy. In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4.

Emerging Local Development Plan 8.16 The North Lanarkshire Local Development Plan (Modified Proposed Plan) is at a relatively

early stage and therefore carries limited weight as a material consideration. However, it does provide a more up-to-date indication of the direction of Council policy than the NLLP. Within this plan the site is no longer allocated for community uses, but rather is simply part of the General Urban Area. Within such areas policy PP 3 seeks to maintain and improve amenity, and there is a general presumption in favour of residential development. The proposal would be consistent with policy PP 3.

Consultations 8.17 In response to the recommendation of the Roads Development Team, it is not considered

desirable to reverse the houses around the corner of Airbles Street and Mabel Street to have these units face towards the rear parking court. Whilst such an arrangement may help to reduce the likelihood of on-street parking it would be undesirable from an urban design perspective to have houses turn their backs to the street. The modern housing developments to the north of the site have been designed to provide an appropriate street frontage and do not appear to have given rise to road safety problems. The Roads Development Team has also recommended that a 10.5m corner radius be provided at the street junction, but this is considered to be undesirable as it would complicate pedestrian crossing movements and increase traffic speeds. Mabel Street is a cul de sac with limited traffic, and although exiting corner radii are small the street width is adequate for traffic including large goods vehicles. All other matters raised by the Roads Development Team can either be addressed by informatives or are subject to control through the roads construction consent process.

8.18 Protective Services (Environmental Health) have noted that the proximity of the social club

opposite the site could give rise to noise issues for the residents and have recommended that a noise impact assessment be carried out when a function takes place at the club. As large functions are relatively infrequent this had not yet taken place at the time of writing. A condition is recommended, requiring that the noise impact assessment be carried out and that any noise mitigation measures deemed appropriate are incorporated into the specification of the new development. Matters relating to good practice during the construction period can be addressed by informatives.

8.19 Whilst SEPA has no objection to the application they have suggested that the Council give

further consideration to the risk of localised surface water flooding. Those comments pre-dated the submission of the applicant’s Flood Risk Assessment (FRA), which has since been received. In the light of the FRA it is considered that the risk identified is very slight and will be adequately addressed by the proposed freeboard and finished floor levels.

9. Conclusions 9.1 The proposed development is acceptable in terms of its use of an underused brownfield site

within the urban area. Whilst the site is designated as being for community use in the adopted local plan, this designation primarily related to historic and neighbouring uses, and at present the site provides only very limited benefit to the local community. In the present draft of the emerging local development plan the community use designation is removed, and the proposal is also consistent with the Council’s housing improvement strategies. Accordingly, it

is considered that these material considerations outweigh the departure from policy HCF 1 B1.

9.2 The proposed design and layout are considered to comply with the terms of the policies of the

North Lanarkshire Local Plan in that the development does not result in the loss of amenity, affect the character of the surrounding area or harm road or pedestrian safety. The development could be comfortably accommodated within the site and there would be no negative amenity issues in terms of loss of sunlight or privacy of the neighbouring dwellings. No representations have been received at the time of writing, and it is considered that the issues raised by technical consultees can be addressed by conditions where appropriate. The proposed development meets the criteria set out in policies DSP 1-4 of the North Lanarkshire Local Plan and it is not considered that there are any material considerations that would merit refusal of the application. Accordingly, it is recommended that planning permission be granted.

Application No: 19/00179/FUL

Proposed Development: Conversion and Extension of Water Storage Structure to form a Dwellinghouse

Site Address: Site Off Birniehill Road Hareshaw North Lanarkshire

Date Registered: 13th March 2019

Applicant: Mr William Brown Dladraco 3 Birniehill Road Hareshaw Scotland ML1 5GX

Agent: Tommy Cochrane (TmC Planning) 37 Dyfrig Street Shotts United Kingdom ML7 4DQ

Application Level: Local

Contrary to Development Plan: Yes

Ward: 13 - Fortissat, Tommy Cochrane, Martin McCulloch, Claire Quigley, Kenneth Stevenson ,

Representations: 0 letter(s) of representation received.

Recommendation: Refuse Reasoned Justification:

The proposal is contrary to the development plan in that it represents an inappropriate development in the green belt. It clearly lies outside any established urban envelope and there are no material considerations that suggest that the development plan should not prevail. Planning permission should therefore be refused.

Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396.

Planning Application: 19/00179/FUL Name (of applicant): Mr William Brown Site Address: Site Off Birniehill Road Hareshaw North Lanarkshire Development: Conversion and Extension of Water Storage Structure to form a Dwellinghouse

Recommendation: Refuse for the Following Reasons:- 1. The proposal is contrary to policy NBE 3A (Green Belt) and associated Supplementary

Planning Guidance Note SPG07 of the North Lanarkshire Local Plan as it constitutes inappropriate isolated development in the Green Belt in that it does not fulfil the requirement for any residential development to be in connection with agriculture, forestry, horticulture or other appropriate rural uses. The existing structure is not considered to be worthy of retention and will require significant alteration in order to form part of a new dwelling house. Furthermore, no adequate justification, special circumstances or material considerations have been sufficiently demonstrated to merit a departure from this policy.

2. The proposal is contrary to policy DSP 4 (Quality of Development) the North Lanarkshire Local

Plan as the proposal is inappropriate in scale in relation to the existing building and will result in a prominent modern dwellinghouse in the open countryside with a reduction in the existing levels of landscape value, biodiversity and amenity value.

3. If permitted, the proposal would set an undesirable precedent for other similar unacceptable

and inappropriate development proposals within the green belt. Background Papers: Consultation Responses: Environmental Health (including Pollution Control) Traffic & Transportation The Coal Authority Contact Information: Any person wishing to inspect these documents should contact Ms Patricia Beaton at 01236 632500 Report Date: 31st May 2019

APPLICATION NO. 19/00179/FUL

REPORT 1. Site Description 1.1 The site extends to around 0.2 hectares of greenfield land in the countryside, lying south east

of the Hareshaw village. The site is occupied by a free standing metal clad building purpose built and designed for water storage purposes in relation to agricultural use.

2. Proposed Development 2.1 The proposed development is to convert and extend a water storage structure to form a three

bedroom dwellinghouse. A single storey flat roof extension will adjoin the existing water structure. The proposed extension would be designed so that it adjoins the storage water structure which would be converted to provide additional bedrooms and living space. The finishing materials would include render.

3. Applicant’s Supporting Information 3.1 The Applicant has included a supporting statement as part of this application explaining the

details of the proposals, the suitability of the site for the proposed development. The statement also offers justification for a dwellinghouse within the application site:

The proposed development complies with Scottish Planning Policy

The application site is designated as countryside and not Green Belt within the North Lanarkshire Local Plan 2012 and the emerging Local Development Plan.

Policy NBE 3B of the North Lanarkshire Local Plan and Supplementary Planning Guidance SPG.08 are applicable.

The proposed development is in accordance with the advice within PAN 72 and 73.

The proposed development will enhance the visual amenity of the area

The design of the proposed dwelling retains the shape of the original structure and fits into the landscape, and the orientation of the building will maximize Solar gain.

There is a farm settlement with residential homes within 20m of the application site.

The layout of the site has been designed to complement its surroundings fitting into the rural scene when viewed for all directions.

Access to the site is via a private roadway which connects to a network of adopted farm accesses

The proposed dwellinghouse is intended to be used by an elderly family member with the surrounding land to be used to store materials and equipment associated with the Applicant’s business.

4. Site History

A planning application (ref 18/00828/FUL) for the conversion and extension of the water storage structure to form a Dwellinghouse was refused on 21.08.2018.

5. Development Plan 5.1 The NBE 3A (Green Belt) green belt policy seeks to restrict development to acceptable types

where there is a justification in terms of agriculture, forestry, horticulture, telecommunications, power generation or other uses appropriate to a rural area including coal extraction, outdoor recreation, education and tourism that are compatible with an agricultural or natural setting.

5.2 Policy DSP 4(Quality of Development) seeks a high quality of development ensuring that

proposals are well designed and safeguard the amenity of neighbouring properties. In addition, this policy requires developments to integrate successfully into the local area and provide a safe, inclusive, convenient and welcoming development, and to address safe secure and convenient access, and safe access for cars, and appropriate parking.

5.3 Supplementary Planning Guidance 7, Assessing Development in the Green Belt (SPG 07)

contains detailed advice and guidance relating to development in the Green Belt included additional guidance regarding new dwellings and the conversion and reuse of rural buildings.

6. Consultations

6.1 NLC Roads Development Service – The roads development service object to the proposals

given substandard nature of the access. They also express concerns relating to surfacing materials and provision for refuse collection and turning.

6.2 NLC Pollution Control Service - express no objections, but require normal land contamination conditions. They also provide general comments in relation to construction working practices.

6.3 Coal Authority – had no objection to the proposed development, subject to conditions to secure further site investigations and the implementation of any remedial or mitigation measures identified.

7. Representations

7.1 No representations were received following the advertisement of this application in the Wishaw Press. 8. Planning Assessment

a. In the assessment process for planning applications, Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that decisions are made in accordance with the development plan, unless material considerations indicate otherwise.

b. In this instance, there are no strategic implications and the application will therefore be considered in relation to local plan policy. Therefore, the proposal can be determined against the North Lanarkshire Local Plan 2012.

c. The applicant site is designed under the Green Belt policy of the North Lanarkshire Local Plan. The NBE 3A (Green Belt) green belt policy seeks to restrict development to acceptable types where there is a justification in terms of agriculture, forestry, horticulture, telecommunications, power generation or other uses appropriate to a rural area including coal extraction, outdoor recreation, education and tourism that are compatible with an agricultural or natural setting. The Applicant proposes the to convert and extend an existing water storage structure to form a dwellinghouse to be used by an elderly family member with the surrounding land to be used to store materials and equipment. Whilst the intended use of the proposed dwellinghouse is noted this application proposal provides no justification against these criteria. As a result, the proposal is contrary to policy NBE 3A.

d. The proposal is also fails against Supplementary Planning Guidance 7, Assessing Development in the Green Belt (SPG 07) which echoes these special requirements with there being a general presumption against granting planning permission for new dwellings in the Green Belt not associated with agricultural or forestry workers. Whilst the proposal includes the conversion of an existing structure, it is considered that the addition of an extension would fail to enhance the wider landscape setting.

e. It is noted that the one interesting aspect of this proposal is the link to an existing structure, namely the water storage building. Whilst worthwhile conversions of existing rural buildings can sometimes be put forward as justification for setting aside the presumption against development in greenbelt areas, the water storage building itself falls short of the kind of strong quality or significance to justify its conversion to a residential use. Whilst no information regarding the structural integrity of the water storage building was submitted as part of this application, given the number of new openings being introduced to the existing water storage structure it is considered the proposed alterations would have a significant impact on the integrity and retention value of the structure.

f. Furthermore, even if the structure was to be viewed as worthy of retention and conversion (which, on this occasion, it is not so viewed) there is an expectation that conversions and extensions are limited in scale (as per the aims of SPG07). In this case whilst the proposed extension is smaller than the existing structure, the proposed extension is inappropriate in scale in relation to the existing building as the floor space of the proposed extension is more than 30% of that of the existing structure and would create a dominant feature in a prominent site in the greenbelt. Given these circumstances around the nature of the development proposal, there is no justification against established greenbelt policy.

g. Policies DSP 1 – DSP 4 also require to be considered. Under policy DSP 1, there is no

justification required in terms of supply and demand as the size of development is below the threshold of ten units. As the proposal is not an acceptable proposed addition to existing land supplies, policy DSP 2 is not applicable. In relation to DSP3 (Impact on Infrastructure), there would not appear to be any significant issues with regard to the potential impact of the proposal on existing infrastructure.

h. With regard to DSP4 (Quality of Development), the proposal does not comply with DSP4 as the proposed extension is inappropriate in scale and design. The scale of the extension is considered to be disproportionate in size in comparison with the existing structure. Whilst further work and amendment could be required with the applicant being asked to revisit the design of the dwellinghouse further discussions with the developer in this regard are not considered necessary given the clear basic policy principle failing of the proposal against policy NBE 3A (Green Belt) and SPG 07. Despite the concerns of NLC Transportation, the scale and nature of the proposal is not considered to present road safety issues which would merit refusal.

i. All the points within the applicant’s statement of case are noted. Despite the agent’s position, the assessment is that the proposal is directly contrary to green belt planning policy. The designation of the application site within the North Lanarkshire Local Plan is green belt under policy NBE 3A and not within the countryside or designated under policy NBE 3B and SPG 08 as submitted by the applicant. As regards other material considerations raised regarding design and integration with the rural area, these are covered in the assessment above and do not provide sufficient justification for the basic policy position to be set aside.

9. Conclusions The proposal is contrary to the development plan in that it represents an inappropriate development in the green belt. It clearly lies outside any established urban envelope and there are no material considerations that suggest that the development plan should not prevail. Planning permission should therefore be refused.

Application No: 19/00282/FUL

Proposed Development: Residential Development (29 Units)

Site Address: Site At Community Road Orbiston Bellshill

Date Registered: 18th March 2019

Applicant: North Lanarkshire Council Fleming House 2 Tryst Road Cumbernauld G67 1JW

Agent: Coltart Earley 559 Sauchiehall Street Glasgow G3 7PQ

Application Level: Local Application

Contrary to Development Plan: No

Ward: 14 Bellshill Harry Curran, Marina Lyle and Harry McGuigan

Representations: 10 letters of representation received.

Recommendation: Approve Subject to Conditions

Reasoned Justification: The proposed development is considered to be acceptable in terms scale and design and complies with the relevant Local Plan policies.

Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396.

Planning Application: 19/00282/FUL Name (of applicant): North Lanarkshire Council Site Address: Site At Community Road Orbiston Bellshill North Lanarkshire Development: Residential Development (29 Units)

Proposed Conditions:- 1. That the development hereby permitted shall be carried out strictly in accordance with the

approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. For the avoidance of doubt drawings approved include: L(90)001, 002 and 003, 60577696-ACM-CR-DR-CE-0200a, L(21)001-010 (Inclusive) and L(20)001-010 (Inclusive).

Reason: To clarify the drawings on which this approval of permission is founded. 2. That BEFORE the development hereby permitted starts, a scheme of landscaping for all

landscaped areas and all boundary treatments 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. For the avoidance of doubt the landscape scheme shall include native species and include tree and hedgerow planting along the western and southern boundaries.

(c) A timetable for the completion of these works contemporaneously with the development. Reason: To enable the Planning Authority to consider these aspects. 3. That unless otherwise agreed in writing by the Planning Authority, before the development hereby

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

Reason: In the interests of the environmental amenity of the area. 4. 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 grassed, planted and landscaped areas; (b) any communal fences and walls; Reason: To ensure the maintenance of the landscaping scheme in the interest of amenity. 5. That BEFORE completion of the development hereby permitted, the management and

maintenance scheme approved under the terms of condition 4 shall be in operation. Reason: To ensure there is an adequate landscape maintenance scheme in place. 6. That before the development hereby permitted starts a comprehensive site investigation requires

to be submitted for the proposed residential development to the satisfaction of the Local Authority. This investigation must be carried out in accordance with the British Standard Code of Practice BS 10175: 2011 "The Investigation of Potentially Contaminated Sites". The report must include a site specific risk assessment of all relevant pollution linkages, be carried out in accordance with the Environment Agency publication Model Procedures for the Management of Land Contamination CLR11, and be submitted in both hard copy and electronic format. Depending on the results of this investigation a detailed remediation strategy or gas control measures may be required. Before development begins any remediation work required must be completed and verification provided by the developer to the satisfaction of the Local Authority.

Reason: To ensure that the site is free of contamination in the interests of the environmental

amenity of the area. 7. That any mitigation works identified as part of the Site Investigation required under condition 6

above shall be carried out and verified by a suitably qualified environmental engineer to the satisfaction of the Planning Authority prior to construction work commencing on site.

Reason: In the interests of the environmental amenity of the area. 8. That prior to the commencement of development, the applicant shall provide written confirmation

to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory drainage arrangements. 9. That before the development hereby permitted starts, unless otherwise agreed in writing with the

Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect

adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

10. That the SUDS compliant surface water drainage scheme approved in terms of Condition 9 shall

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

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the

interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

11. That before the development hereby permitted starts, unless otherwise agreed in writing with the

Planning Authority, full details of the design and finish materials to be used in the construction of the streets, footways, junctions, parking courtyards and driveways, shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of amenity and design by ensuring that external materials are

appropriate for the site. 12. That no dwelling hereby permitted shall be occupied until the street and footway adjacent to it

have been constructed to basecourse standard and the street and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 13. That before the last of the dwellings hereby permitted is occupied, all streets, footpaths, footways

and manoeuvring areas shall be completed to sealed final wearing course. Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.

14. That before the development hereby permitted starts, full details of the facing materials to be

used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be completed in accordance with the approved details.

Reason: In the interests of amenity and design by ensuring that external materials are

appropriate for the site. 15. That details of the proposed relocation of the goalposts shall be submitted to and approved in

writing by the Planning Authority and that these relocation works shall be carried out to the satisfaction of the Planning Authority prior to the commencement of construction works on site.

Reason: To ensure that an appropriate alternative site/location is adopted for the relocation of the

goalposts to ensure alternative informal ‘kickabout’ provision within the locale.

Background Papers: Consultation Responses: SportScotland received 08.04.19. and 02.05.19. Scottish Water received 29.03.19. Scottish Environment Protection Agency received 29.03.19. The Coal Authority received 02.04.19. NLC Education received 15.04.19. NLC Traffic & Transportation received14.05.19. Contact Information: Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500 Report Date: 28th May 2019

APPLICATION NO. 19/00282/FUL

REPORT 1. Site Description 1.1 The application site is currently a public open space within a large residential area within the

Orbiston Area of Bellshill. The site covers an area of approximately 1.2 Hectares and is used as an informal recreational open space.

1.2 The site is relatively flat and covered with maintained grass. There is a set of football goalposts centrally located within the site although no pitch is formally lined out. The site is bound to the south east and west by mature woodland beyond which lie established residential areas of two storey traditional dwellings and to the north by Community Road with traditional rows of two storey terraced dwellings facing the site on the north side of the road. An informal pedestrian access exists from McLean Drive to the southeast.

1.3 The northern part of the site once contained the hamlet of Old Orbiston which consisted of

three ‘Miner’s Rows’ which served the nearby collieries. 2. Proposed Development 2.1 The proposal is to develop NLC social housing as part of the council’s overall transformation

strategy. The proposed development would consist of a mixture of wheelchair access bungalows, cottage flats and traditional 2-storey terraced housing with associated access from Community Road, parking and landscaping. The proposal involves providing a broad range of housing to cater for all sizes of households with two disabled access bungalows, 2 one bedroom flats, a mixture of 2 and 3 bedroom Terraced houses as well as 3 four bedroomed houses. A total of 85 parking spaces are proposed with 8 spaces for existing residents to reflect the existing provision for existing residents.

3. Applicant’s Supporting Information 3.1 None provided. 4. Site History 4.1 There is no relevant site history other than the creation of parking spaces on the northern

boundary of the site for existing residents. 5. Development Plan

5.1 The site lies within an established residential area where the relevant policy is HCF 1 A which

seeks to protect existing residential amenity within established residential areas by limiting development to uses appropriate to residential areas subject to appropriate development standards

6. Consultations

6.1 Sport Scotland originally had concerns regarding the loss of a sports pitch (playing field over

0.2 Hectares). However, the area occupied by the goalposts would if a football pitch was formally extrapolated would be significantly less than 0.2 Hectares and therefore not technically a playing field. In this context, Sports Scotland will not object to the proposal provided that the goalposts can be relocated to an appropriate location nearby (condition recommended to cover this).

6.2 Scottish Water has confirmed that there are no capacity issues in terms of water supply or

waste treatment. 6.3 Scottish Environment Protection Agency has provided standard standing advice. 6.4 The Coal Authority has no objections to the proposal as the site lies within a low risk area and

as such there is no requirement for a Coal Mining Risk Assessment.

6.5 NLC Education has no objections to the proposal as there are no capacity issues in terms of local school provision. 6.6 NLC Traffic & Transportation has expressed no objection to the proposed development

subject to compliance with standard parking and access standards.

7. Representations 7.1 Ten representations (one neutral) have been received. The points of objection can be

summarised as follows:-

Increase in traffic – congestion, impact on existing parking and impact on road safety.

Loss of privacy/overlooking.

Density of development.

Loss of sports pitch, what is proposed for children’s play?

Proposed pedestrian access to Mclean Drive. 8. Planning Assessment 8.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997,

Planning Authorities are required that in determining planning application proposals, where regard is to be had to the Development Plan, determination should be in accordance with this Plan unless material considerations indicate otherwise. In this instance there are no strategic implications and the application will therefore be considered in relation to Local Plan Policy. Therefore the proposal requires to be determined under the terms of the North Lanarkshire Local Plan and any other material considerations.

8.2 In this case, in principle, residential development is appropriate to the surrounding residential

area provided that it does not significantly impact on residential amenity. In this context, it leaves the proposal to be assessed against policies DSP 3, Impact of Development and Policy DSP 4, Quality of Development in the North Lanarkshire Local Plan requires.

8.3 In relation to DSP3 (Impact on Infrastructure) it is considered that there are no significant

issues with regard to the potential impact of the proposal on existing infrastructure as confirmed by consultation responses.

8.4 With regard to DSP4 (Quality of Development) an assessment has to be made. With regards

to the proposed layout, it is considered that the proposed layout complies with Council’s space standards for residential development. It is further considered that the layout is acceptable in terms of there being no potential amenity issues such as privacy/overlooking, adequate parking and the amenity planting around the southern and western boundaries to be retained. In terms of design, the proposed dwellings are of a similar design to surrounding dwellings and the overall layout complies with council standards and is acceptable in terms of complying with the principles of ‘Designing Streets’.

8.5 With regard to the points of objection, these can be addressed as follows:-

Increase in traffic – congestion, impact on existing parking and impact on road safety. Response – NLC Traffic and Transportation have not objected to the development in terms of traffic congestion or road safety. The proposed residential development, like any other, will result in an increase of vehicular and pedestrian traffic. However, the proposed scale of the development, vehicular access and parking provision is considered to be acceptable. It is therefore not considered that the proposal will have a detrimental impact on road safety. It is noted that residents have concerns about speeding along Community Road, however, this activity is not directly related to the proposal and is a police matter. Indeed, the introduction of a new access may result in a reduction of speeding at this location. In terms of concerns regarding existing parking, the proposal includes 8 parking spaces for existing residents on the south side of Community Road to ensure that there is no net loss of existing residents parking provision.

Loss of privacy/overlooking.

Response – It is considered that the proposal will not result in any loss of privacy issues for existing residents as the design of the proposed layout provides adequate separation from existing and proposed dwellings on relatively flat ground. Additionally, existing buffer/amenity planting on the southeastern and western boundaries of the site is to be retained.

Density of development. Response – The proposed residential development is considered to be of a similar density and massing to the surrounding existing residential area and therefore appropriate and in terms of character to the surrounding area.

Loss of sports pitch, what is proposed for children’s play? Response – As alluded to in paragraph 6.1, the developer has agreed to relocate the existing goalposts to a nearby appropriate location. This can be realised through the imposition of an appropriate planning condition. It should be noted in this regard, that a sports pitch /formally laid out has to have an area of over 0.2 hectares to be recognised as such within Scottish Planning Policy paragraph 226, which seeks to protect such facilities from development. At 29 units the development is below the number of houses that require on site play provision.

Proposed pedestrian access to Mclean Drive. Response – There is no pedestrian access from McLean Drive proposed. What is shown on the proposed plans is a legal access servitude for underground services.

8.6 In terms of consultation responses, a condition can be imposed to ensure the appropriate

relocation of the goalposts on site. 9. Conclusions

9.1 It is therefore considered for the above reasons that the proposed development is acceptable

in policy terms and is acceptable in terms of residential amenity. This application is therefore recommended for approval subject to the imposition of appropriate planning conditions

Application No: 19/00283/FUL

Proposed Development: Erection of 16 One and Two Storey Dwellinghouses and Cottage Flats

Site Address: Land To The East Of Junction Of Annieshill View/Meadowhead Road Plains

Date Registered: 9th April 2019

Applicant: Enterprise And Housing New Supply Fleming House 2 Tryst Road Cumbernauld G67 1JW

Agent: Coltart Earley 559 Sauchiehall Street Glasgow G3 7PQ

Application Level: Local Application

Contrary to Development Plan: Yes

Ward: 08 Airdrie North Alan Beveridge, Sophia Coyle, David Cullen, Thomas Morgan.

Representations: 1 letter of representation received.

Recommendation: Approve Subject to Conditions Reasoned Justification:

The proposed residential development on this site is contrary to the development plan, but in this particular instance there is sufficient justification that it is considered an acceptable proposal. The proposal can be accommodated without detriment to the surrounding area.

Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396.

Planning Application: 19/00283/FUL Name (of applicant): Enterprise And Housing New Supply Site Address: Land To The East Of Junction Of Annieshill View/Meadowhead Road, Plains Development: Erection of 16 One and Two Storey Dwellinghouses and Cottage Flats

Proposed Conditions:-

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

DRAWING 60577696-ACM-AV-00-DR-CE-0105 DRAWING 60577696-ACM-AV-00-DR-CE-0110 DRAWING 60577696-ACM-AV-00-DR-CE-0200 DRAWING 60577696-ACM-AV-00-DR-CE-0220 DRAWING L(20)001 DRAWING L(20)002 B DRAWING L(20)003 A DRAWING L(20)004 A DRAWING L(20)005 DRAWING L(20)006 DRAWING L(21) 001 DRAWING L(21) 002 B DRAWING L(21) 003 A DRAWING L(21) 004 A DRAWING L(21) 005 DRAWING L(21) 006 DRAWING L(90)001 DRAWING L(90)002 DRAWING L(90)100 A

Reason: To clarify the drawings on which this approval of permission is founded. 2. That BEFORE the development hereby permitted starts, full details of the facing materials to

be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: To enable the Planning Authority to consider these aspects, in order to ensure that

materials are visually acceptable in a local context. 3. 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: In the interests of visual amenity by ensuring that fences and walls are appropriate for the site and for the general area.

4. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees, plus details of those to be retained, and measures for their protection in the course of development, particularly the trees along the western boundary; (d) a detailed timetable for all landscaping works which shall provide for these works being

carried out contemporaneously with the development of the site.

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

5. That all works included in the scheme of landscaping and planting, approved under the terms

of condition 4 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the implementation of the landscaping scheme in the interest of amenity.

6. That no trees within the application site shall be lopped, topped, felled, or otherwise affected, without the approval in writing of the Planning Authority.

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

of amenity. 7. That BEFORE any works of any description start on the application site, unless otherwise

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

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

8. That any remediation works identified by the report agreed in terms of Condition 7 above shall

be carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. No individual dwelling or flat shall be occupied until a certificate (signed by a chartered Environmental Engineer) has been submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the agreed Remediation Strategy.

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

9. That before any works start on the site a comprehensive and intrusive site investigation shall be carried out to determine the extent of historic coal mining on site which will allow any required remediation measures to be identified. A report detailing these investigations and remediation measures if necessary shall be submitted for the written approval of the Planning Authority in consultation with the Coal Authority. Once approved the mitigation works identified shall thereafter be carried out prior to the commencement of development on and before any dwellinghouse or flat within the site is occupied, a certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the development takes account of historic mine works. 10. That the surface water drainage scheme as shown on the approved drainage drawing shall be

implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority prior to the occupation of the first dwellinghouse or flat hereby approved confirming that the SUDS have been constructed in accordance with the relevant CIRIA Manual and the approved plans.

Reason: To safeguard any adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of future residents within the site.

Background Papers: Consultation Responses:

NLC Environmental Health (Pollution Control) received 26th April 2019 NLC Education received 13th May 2019 The Coal Authority received 2nd May 2019 Scottish Water received 16th May 2019 Contact Information: Any person wishing to inspect these documents should contact Mr Stewart MacCallum at 01236 632500 Report Date: 31st May 2019

APPLICATION NO. 19/00283/FUL REPORT 1. Site Description 1.1 The application site is located on land which was formerly the site of the old Plains Primary

School and is located to the east of Meadowhead Road and south of Annieshill Road, Plains. The application site measures approximately 0.97 Ha and is grassed over. It is generally flat although the land starts to rise up on the southern boundary of the site. A row of mature trees are located all along the western boundary of the site and it is currently enclosed by 2.5 metre high mesh fencing. The site is bounded to the west by open green belt land and to the north and south by existing residential properties, with an area identified for further housing development to the south-west. The site is bounded to the east by the new Plains Primary School and an ancillary multi-purpose sports pitch.

2. Proposed Development 2.1 Planning permission is sought for the erection of 16 residential properties comprising of a

mixture of 2 bedroom flats and 3 and 4 bedroom terraced properties, all with associated parking and private amenity space and SUDS facility. The development forms part of the Council`s new build housing scheme to provide additional residential accommodation throughout the authority area.

2.2 Vehicular access would be taken from Annieshill Road to the north of the site and the internal

layout incorporates a turning circle which affords potential for another access to be taken from the roundel to the adjacent site to the south identified for further housing. Private off-street and visitor parking would be provided and the applicant proposes to use various road surface materials, street alignment and building positioning to be appropriate for the site.

2.3 A range of landscaping would be provided within the development site to the internal street

layout including hedging, shrubs and tree planting covered by conditions and would be in addition to the retention of the existing trees on the western boundary to help provide and maintain greening within the development site. The SUDS area is located below the car parking area and turning circle to the south of the site.

2.4 Each dwelling would be provided with front and rear garden areas. Parking is provided

throughout the site by a mixture of off street parking and parking areas which would allow for visitor parking. Details of the finishing materials would be submitted as a condition of the application.

3. Applicant’s Supporting Information 3.1 The applicant submitted a Coal Mining Risk Assessment in support of the development. 4. Site History 4.1 As mentioned above the site was previously occupied by Plains Primary School. Part of the

site had a previous planning permission (04/00985/FUL) for the erection of a joint campus primary school and floodlit multi-purpose sports pitch dated 6th October 2004. There was then a related planning application (06/01659/AMD) for an amendment to erect an extension to the joint campus building dated 30th November 2006.

5. Development Plan 5.1 The application site is covered by policy HCF 1B1 (Community Facilities) in the North

Lanarkshire Local Plan 2012. 5.2 Development Strategy Policies (DSP) 1, 2, 3 and 4 are also relevant to the proposal.

6. Consultations 6.1 A summary of the comments received are as follows:

i) NLC Environmental Health (Pollution Control) Pollution control requested the submission of a Site Investigation Report.

ii) NLC Education

Has no objection to the proposed development and comments that the development site lies within the catchment area of Plains Primary School and St David`s Primary School. Pupils from these schools would transfer to Caldervale High School and St Margaret`s High School for secondary provision. Any capacity issues that may arise are dependent on when housing developments are built out which are currently defined as non-effective in the 2017 housing land supply audit. Given that this is a Council development, any future capacity issues as a result of this development would be addressed corporately, and not as a condition of this planning permission.

iii) The Coal Authority Do not object to the proposed development subject to a condition relating to comprehensive and intrusive site investigation works being carried out to determine the extent of historic coal mining on site and any identified remediation measures being carried out.

iv) Scottish Water

Confirm no objections to the proposals. 7. Representations 7.1 Following the standard neighbour notification and press advertisement processes, one

representation was received, not objecting to the proposals but queried the length of any building works and where building access would be taken into the site during construction, should it be approved.

8. Planning Assessment 8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning

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

North Lanarkshire Local Plan 8.2 This proposal raises no issues of a strategic nature and can therefore be assessed in terms of

relevant North Lanarkshire Local Plan (NLLP) policies. The site is covered by local plan planning policy HCF B 1 Community Facilities. The North Lanarkshire Local Plan also requires proposed developments to be assessed against DSP policies; DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). In this instance, due to the scale and nature of the development, the proposal will be assessed against DSP 2, 3 and 4.

8.3 The main issues to consider in the assessment of the application is the compatibility of the

proposal with current local plan policy, impact of the development on the site and surrounding residential area in terms of layout, design and on the residential amenity of the neighbouring development with regard to loss of light, overlooking, road safety and traffic issues.

8.4 The residential dwellings would be erected on the former school site; this is covered by policy

HCF 1 B 1 (Community Facilities) which aims to protect community well-being in residential area by protecting existing community facilities. The site has remained vacant since the demolition of the former primary school approximately 15 years ago therefore the proposed development would not result in the loss of any community facilities and would instead be a positive reuse of a long vacant site. The development of 16 dwellings and flats for social rental would be viewed as a positive contribution to this location and surrounding residents. It is therefore considered the proposed development would be appropriate at this particular site.

8.5 In terms of DSP2 (Location of Development) new development may be granted if consistent with the locational criteria including the reuse of Brownfield land. The proposed development would utilise a vacant area of open space and the existing infrastructure/services. The application is therefore considered to comply with the objectives of policy DSP2.

8.6 Policy DSP3 (Impact of Development) assesses the demand of new development on existing

neighbouring community amenities and infrastructure and where new or extended amenities/infrastructure is required the cost to be met by means of developer contributions. In this instance, Education have not requested a developer contribution and no other upgrade requirements have been identified. The application is therefore considered to comply with the objectives of policy DSP3.

8.7 DSP 4 (Quality of Development) states that development will only be permitted where high

standards of site planning and sustainable design are achieved. DSP 4 also requires all development to successfully integrate into the local area without causing any undue harm by relating well to existing surroundings and amenity through noise or disturbance. The general design guidance within DSP4 on new developments is augmented by the Council’s ‘Developers Guide to Open Space’. Combined this guidance considers housing density/mix, open space, detailed design, impact on amenity (privacy, overshadowing etc) roads, access and parking.

8.8 Design Principles and Impact on Local Amenity

The development will bring a long standing vacant site into beneficial re-use for the community of this part of Plains. The site layout takes a linear format arranged in terraced blocks which replicates the existing built context of neighbouring dwellings and will therefore fit comfortably at this location. Retention of the existing trees on the western boundary will provide a pleasant setting for the dwellings and flats and will be augmented with further landscaping. Garden ground and parking meets Council standards. It is considered that there will be no significant adverse impacts on the amenity of existing or proposed dwellings by virtue of overlooking, sunlight/daylight levels and privacy. In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4. It is considered that the development would create a successful well designed place through the use of shared spaces, careful building positioning and use of landscaping.

8.9 Energy Resources and Sustainable Development

The proposal will result in sustainable development through the installation of the SUDS facility to serve the development.

8.10 Air Quality, Noise and Pollution Impacts

Pollution control requested the submission of a Site Investigation Report. Conditions are attached addressing this requirement. The eastern part of the site borders with the sports pitch of Plains Primary School, however there is an area of landscaping to buffer between the residential properties and the sports pitch. It is considered that this would be a suitable measure in this instance.

8.11 Water Body Status

A planning condition ensures the SUDS drainage scheme will be undertaken to comply with SEPA’s SUDS guidance and will be verified by a suitable chartered engineer.

9. Representations 9.1 Queries were raised on the length of any building works and where building access would be

taken into the site during construction. The duration of building works is not a material consideration, however, development must commence within three years of the date of permission or it will lapse. Construction access to the site has been confirmed by the applicant to be taken from Annieshill View which is considered acceptable.

10. Consultations 10.1 Coal Authority’s requirements for intrusive site investigation. Whilst NLC Transportation has

not commented upon this particular planning application, it was heavily involved in the design process and it is considered that the scheme is acceptable in terms of road safety.

11. Conclusions 11.1 Whilst technically being contrary to the North Lanarkshire Local Plan, the proposal has

provided appropriate justification to allow it to be supported. It is considered to be of an acceptable design and layout. The proposal can be accommodated without detriment to the surrounding area.