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Minute of Meeting of the Petitions Sub-Committee - 2 November 2022

North Lanarkshire Council · 6 February 2023
Back to Communities Committee — 6 February 2023 and its agenda

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PETITIONS  SUB  -  2 NOVEMBER 2022 
1
2 November 2022 at 10 am. 
A Meeting of the PETITIONS  SUB-COMMITTEE 
PRESENT 
Councillor Stevenson, Convener; Councillor McBride, Vice-Convener; Councillors Docherty, Jarvie, Keltie,
Leckie, McLaren, Mitchell and Wilson. 
ALSO  PRESENT 
In accordance with Standing Order 64(A) Councillors Patton and Crichton attended as substitutes for
Councillors Costello and McCluskey respectively. 
IN  ATTENDANCE 
Roads and Land Maintenance Manager, Area Community Partnership Managers, Transportation Manager,
Team Leader, Transportation Engineering (Central area) and Democratic Services Manager. 
CHAIR 
Councillor Stevenson (Convener) presided. 
APOLOGIES 
Councillors Ashraf, Costello, Fotheringham, McCluskey and L. Stubbs. 
DECLARATIONS  OF  INTEREST  IN  TERMS  OF  THE  ETHICAL  STANDARDS  IN  PUBLIC  LIFE  ETC. 
(SCOTLAND)  ACT  2000 
1. Councillors Leckie and Stevenson, by virtue of previous involvement in the terms of the petition, both
declared an interest in agenda item 6 – Torbothie Road Community Garden Proposal – and left the
meeting during consideration of this matter.   
PROCEDURE  FOR  CONSIDERATION  OF  PETITIONS 
2. There was submitted the proposed procedure for considering petitions by the Sub-Committee.   
Decided: that the procedure for considering a petition received by the Council be approved. 
PETITION  –  GRASS  CUTTING,  LAMMERMOOR  DRIVE  AND  WAVERLEY  DRIVE,  CUMBERNAULD 
3. There was submitted a report by the Roads and Land Maintenance Manager advising the
Sub-Committee of the investigations carried out in response to a petition received for grass cutting at
Lammermoor Drive and Waverley Drive (1) informing the Sub-Committee that a petition had been
received, containing ten signatures and requesting that the grass be cut at the roadside at
Lammermoor Drive and Waverley Drive, Greenfaulds, Cumbernauld; (2) explaining that a review of
land ownership of those areas, which had been removed from maintenance as part of the Council’s
budget process and agreed by the Council on 21 February 2019 had been undertaken and that the
search had confirmed that the areas, as detailed in the Appendix attached to the report, had been sold
for the purpose of constructing a residential development; (3) indicating that, in terms of roads, streets
and paths, the Council has an obligation under the Road (Scotland) Act 1984 to add new roads to the

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PETITIONS  SUB  -  2 NOVEMBER 2022 
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list of public roads where they are constructed to the appropriate standard however, no such legislative
requirement exists for play areas and recreation, landscaped or ornamental ground; (4) advising that
ownership of the areas of land appears to remain with a private company, however, individual
properties do appear to have burdens relating to maintenance of open spaces, therefore, it is
considered that it would be prudent for the residents to seek legal advice to establish whether they
have responsibility for maintenance or if this rests with the land owner, and (5) intimating that where
maintenance rests with the residents then information on setting up alternative maintenance
arrangements can be obtained from the Council. 
Decided: 
(1) that the decision taken by the Council on 21 February 2019 be acknowledged; 
(2) that the investigations undertaken, and the confirmation that ownership of the areas of land
do not rest with the Council, be acknowledged, and 
(3) that the private areas of grass at Lammermoor Drive and Waverley Drive not be added into
the Council’s grass maintenance programme. 
PETITION  –  PLAY  FACILITY,  ROMAN  ROAD 
4. There was submitted a report by the Community Partnership Manager advising the Sub-Committee of
a petition received by the Council requesting the development of a play area at Roman Road,
Motherwell and of discussion at the Motherwell Community Board to consider this proposal for delivery
as part of the Local Development Programme (LDP) (1) informing the Sub-Committee that, currently,
there is no Council play provision in the area although there is another recreational facility at the joint
school campus of Cathedral Primary School and Fir Park Primary; (2) recommending that the
development of a play area at Roman Road be supported and advising that an indicative allocation of
£50,000 from the LDP had been earmarked; (3) informing the Sub-Committee that officers from the
Community Partnership Team have previously liaised with the petitioners regarding this matter and
advised them that they would be required to establish community support through a play area
development, and (4) informing that the proposal to support the development of a play facility at
Roman Road had been approved, in principle, at the Motherwell Community Board meeting on 9 June
2022. 
Decided: 
(1) that the contents of the report and the petition be noted; 
(2) that the proposals to support the development of the play area as outlined in the report be
supported, and 
(3) that it be noted that the funding will include an allocation from the Local Development
Programme. 
PETITION  –  CLOSURE  OF  A  PLAY  AREA,  AUCHINLEA  DRIVE,  CLELAND 
5. There was submitted a report by the Community Partnership Manager advising of a petition received
by the Council objecting to the proposed removal of an existing play area located at Auchinlea Drive,
Cleland and the specific actions requested within the petition (1) indicating that a petition had been
received by the Council which contained signatures and addresses of 85 local residents and which
highlighted their disagreement with the closure of the play area located at Auchinlea Drive, Cleland;
(2)  intimating that the play area had reached the end of its life and is considered to be no longer
economical to repair and that Council officers had inspected the site and advised that it should be
closed at the earliest opportunity; (3) highlighting that the play area does not sit on land owned by the

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PETITIONS  SUB  -  2 NOVEMBER 2022 
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Council and, as such, it is unable to replace and renew existing equipment on the site through its
capital budgets; (4) explaining that the Council has alternative play provision in the area located within
Cleland Public Park, which is an approximate 460 metres walk away and that this is considered to be
an acceptable distance and that, furthermore, the site at Cleland Public Park has already been
identified for additional investment through the Local Development Programme to upgrade the local
play provision within Cleland; (5) reporting that a new housing development is under construction
immediately to the east of Auchinlea Drive on the site of the former Cleland Hospital and that this site
will include a play area as a planning condition, and (6) outlining the Council’s obligations and its
decision made at its meeting on 21 February 2019 in regards to grass cutting at areas of ground not
under Council ownership. 
Decided: 
(1) that the content of the petition be acknowledged; 
(2) that the investigations undertaken to ensure continued play provision within this locality be
acknowledged; 
(3) that it be recognised that local capital investment for play provision has been identified for the
area for the sites within Council ownership, and 
(4) that the play area at Auchlinlea Drive be closed. 
Councillors Leckie and Stevenson, by virtue of a previous involvement in the terms of the petition,
both declared an interest, by virtue of that connection, in the following item of business and left the
meeting during its consideration. 
Councillor McBride assumed the Chair. 
PETITION  –  TORBOTHIE  ROAD  COMMUNITY  GARDEN  PROPOSAL 
6. There was submitted a report by the Head of Strategic Communication advising of a petition received
by the Council objecting to the proposed community garden at the Torbothie Greenspace Site
(1) informing the Sub-Committee that a petition had been received, which was linked to ongoing
engagement around the proposal for the site and which contained 83 signatures; (2) reporting that at
the Shotts Community Board meeting in November 2020 Torbothie Greenspace Project had been
added to the Local Development Programme (LDP) list as a potential project and approved in principle
pending further engagement, feasibility work and receipt of a project proposal; (3) advising that,
following initial early receipt of a proposal for a community garden at the site, there was further dialogue
with local residents and it had been identified that the site had been declared surplus to requirements
by the Council; (4) indicating that it had been clarified to the community at this point that any project
on this site would need to be community led with a local community group taking on responsibility and
maintenance arrangements and it became apparent through local engagement that whilst there was
some support for the development of the site for community use, there was not a local group able to
take responsibility for the site to allow the proposal to proceed at that time, and (5) explaining that
following further community engagement and feedback from local people it had been agreed that the
Council would remove the land from the list of surplus assets so that the Council could retain
operational control of the land and that the area would be sown with wildflowers and the existing metal
fence removed from the site and, finally, that the Community Partnership Team would continue to work
with members of the community with the aim for a group to take on operation of the site in the future. 
Decided: 
(1) that the contents of the petition be noted;

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(2) that the decision to not proceed with the community garden proposal at this time, and to
remove the site from the list of surplus assets so that the Council will retain operational control
of the land, be acknowledged; 
(3) that the plan to sow wildflowers at the site to ensure that it can be retained for community use
whilst minimising ongoing maintenance or revenue commitments from the Council’s
perspective be acknowledged, and 
(4) that it be noted that the Community Partnership Team would continue to work with members
of the community with the aim of taking on operation of the site in the future. 
Councillor Stevenson resumed the Chair. 
PETITION  –  ROAD  SAFETY  IMPROVEMENTS  –  HAMILTON  ROAD,  BELLSHILL 
7. There was submitted a report by the Head of Planning and Regeneration advising of the investigations
carried out in response to a petition for road safety improvements on Hamilton Road, Bellshill, adjacent
to McGuigan Court (1) informing the Sub-Committee that a petition containing 17 signatures had been
received by the Council requesting the installation of speed cameras, pedestrian barrier and traffic
signals on Hamilton Road adjacent to the new development at McGuigan Court, Bellshill;
(2) explaining that all requests which the Council receives for road safety improvements are carefully
considered and evaluated on a priority basis and based on a review of Police Scotland’s Roads Injury
Accident Database along with a review of traffic survey data for the location; (3) explaining that the
petition had been submitted following an allegation that a dog had been struck by a vehicle on Hamilton
Road and that it was unsafe for children living in McGuigan Court to be playing outside; (4) outlining
the details of surveys, assessments and information obtained from Police Scotland in relation to the
request for road safety improvements at this location, and (5) reporting that, after careful consideration
of the accident history and traffic surveys, there was no evidence base to support any engineering
interventions at this location. 
Decided: 
(1) that the investigations undertaken, and the response provided to the petitioners, be
acknowledged, and 
(2) that there is no evidence base for any engineering interventions at this location.