Agenda Document Pack - Planning Committee - 18/06/2026
North Lanarkshire Council · 18 June 2026
Back to Planning Committee — 18 June 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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9 June 2026 Members of the Planning Committee Chief Executive’s Office Rachel Blair Chief Officer (Legal, Democratic and Strategy) Civic Centre, Windmillhill Street, Motherwell ML1 1AB www.northlanarkshire.gov.uk Notice is given that a Meeting of the Planning Committee is to be held in the Council Chamber, Civic Centre, Windmillhill Street, Motherwell, ML1 1AB on Thursday, 18 June 2026 at 10:00 AM which you are requested to attend. The agenda of business is attached. Rachel Blair Chief Officer (Legal, Democratic and Strategy) Members : Clerk Name: Clare Louise McDonald Clerk Telephone: 07350 435308 Clerk Email: committee@northlan.gov.uk N Shevlin, G Currie, A Beveridge, B Burgess, A Bustard, J Cairns, M Coyle, S Coyle, K Docherty, A Duffy-Lawson, T Fisher, M Hughes, L Jarvie, T Johnston, J Keltie, J Logue, H Loughran, J McLaren, C McManus, M McPake, A McVey, L Mitchell, D Robb, A Smith, G Woods. Page 1 of 126
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Agenda 1 Declarations of Interest In Terms of the Ethical Standards In Public Life Etc. (Scotland) Act 2000 2 Planning Applications Index Submit Index. 5 - 78 Operational 3 Compulsory Purchase Order - 59 Main Street, Coatbridge Submit report by the Chief Officer (Place) seeking approval for the making of a Compulsory Purchase Order at 59 Main Street, Coatbridge. 79 - 98 4 26/00264/ENV Postponement of the Review of Old Mineral Permission 10/00830/MIN at Duntilland Quarry, Duntilland Road, Salsburgh Submit report by the Chief Officer (Place) seeking to asses the request to postpone the review of the old mineral permission 10/00830/MIN. 99 - 122 5 Notice of Planning and Enforcement Notice Appeals Decisions Submit report by the Chief Officer (Place) advising of a planning appeal decision made by Scottish Ministers. 123 - 126 Page 3 of 126
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North Lanarkshire Council Planning Applications for consideration of Planning Committee Committee Date: 18th June 2026 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved Item 2 Page 5 of 126
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APPLICATIONS FOR PLANNING COMMITTEE 18th June 2026 Page No Application No Applicant Development/Site Recommendation 7 25/00451/FUL Burnbank Football Club Demolition of Existing Pavillion Building, Erection of 4 Containers, Manager Dugouts, and Installation of Associated Floodlighting, Fences and 3G Football Pitch Whifflet Park Pavillion Bute Street Coatbridge ML5 4HF Grant 21 25/01049/FUL Damside Holdings Ltd Erection of a Building, Welfare Facilities and Associated Infrastructure to Facilitate Waste Treatment Operations Land At Damside Park Allanton Road Allanton Grant 38 26/00107/MSC Bellway Homes Ltd Erection of 75 Dwellinghouses with Associated Roads and Landscaping (Relating to 22/00364/S42) Cleek Avenue Gartcosh Grant (P) 59 26/00202/FUL Smart_Manse 1_Limited Proposed Erection of Industrial Buildings for Class 5 (General Industrial) and Class 6 (Storage and Distribution) Uses with associated Ancillary Development Land At Mcneil Drive Eurocentral Holytown Grant (P) 26/00107/MSC - Should permission be approved then no decision notice should be issued until a S69 Legal Agreement has been concluded securing the required financial contribution for affordable housing equivalent to 3 housing units. Application No: Proposed Development: Page 6 of 126
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25/00451/FUL Demolition of Existing Pavillion Building, Erection of 4 Containers, Manager Dugouts, and Installation of Associated Floodlighting, Fences and 3G Football Pitch Site Address: Whifflet Park Pavillion Bute Street Whifflet Coatbridge ML5 4HF Date Registered: 5th June 2025 Applicant: Burnbank Football Club Pavillion Bute Street Whifflet Coatbridge ML5 4HF Agent: Inspired Design & Development Ltd F.A.O Gary Black 27 Evan Street Stonehaven AB39 2EQ Application Level: Local Application Contrary to Development Plan: No Ward: 11 Coatbridge South Tracy Carragher,Geraldine Woods,Fergus MacGregor,Andrew Bustard, Representations: 13 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed demolition of the existing pavilion building, erection of four containers, manager dugouts, and installation of associated floodlighting, fences and 3G football pitch meets the criteria set out in the policies contained within the National Planning Framework 4 and North Lanarkshire Local Development Plan 2022. The proposed development can be accommodated without unacceptable detriment to the character and amenity of the surrounding area. Page 7 of 126
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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: 25/00451/FUL Name (of applicant): Burnbank Football Club Site Address: Whifflet Park Pavillion Bute Street Whifflet Coatbridge ML5 4HF Development: Demolition of Existing Pavillion Building, Erection of 4 Containers, Manager Dugouts, and Installation of Associated Floodlighting, Fences and 3G Football Pitch Page 8 of 126
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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:- 208/2024 P01 D; 208/2024P02; 208/2024 P03 D; 208/2024P06 A; MAC-TS4008 V01; 01; 02 & HLS10565 Reason: To clarify the drawings on which this approval of permission is founded. 2. 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. Information on the required format of the report and how it should be submitted to us can be found online: https://www.northlanarkshire.gov.uk/planning-and-building/planning- applications/how-discharge-contaminated-land-planning-conditions Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents. 3. That any remediation works identified by the site investigation required in terms of Condition 2, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 4. Any external artificial lighting provided as part of this development should not give rise to nuisance in terms of Section 79 of the Environmental Protection Act, 1990 as amended by the Public Health etc. (Scotland) Act, 2008. The applicant should ensure that illuminated sports pitch lighting complies with Environmental Zone - E3 criteria, as detailed in the design Guidance Notes for the Reduction of Obtrusive Light, GN01, Institution of Lighting Engineers, 2005. For the avoidance of doubt and before the floodlighting system is operational, confirmation shall be submitted for written authorisation by the Planning Authority, by a suitably qualified lighting engineer confirming that the lighting has been installed in accordance with the above-mentioned guidance. Once the floodlighting on site is operational, it shall only be kept on when the site is in use and shall be switched off at all other times. Reason: In the interest of the amenity of the site and the general area. 5. That unless otherwise agreed in writing by the Planning Authority, all of the mitigation measures within section 1.20 of the GLM Ecology Bat Survey Report, Whifflet Park Pavillion, Bute Street, Coatbridge ML5 4HF - August 2025 shall be taken forward. For the avoidance of doubt section 1.20 of the report indicates that If demolition/construction work on existing buildings commences later than 18 months after these surveys or design changes occur then new appropriate bat surveys might be required; and If any bats are found during works then a bat consultant needs to be contacted and works to cease in the immediate area. If either of the above scenarios occur, then further surveys shall be undertaken on the site to determine the presence of any statutorily protected species, the said surveys shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. All surveys shall be undertaken prior the start of any development. As a result of the study, should any mitigation measures be required for any protected species, a Habitat and Species Management Plan in consultation with Scottish Natural Heritage shall be submitted for the written approval of the Planning Authority. Thereafter mitigation shall be implemented in accordance with the Habitat and Species Management Plan before works commence on the site. Reason: In the interests of protecting nature conservation interests. 6. Unless otherwise agreed in writing by the Planning Authority, and as is indicated in the Greencat Renewables, Burnbank Football Ground, Noise Impact Assessment, September 2025, and the Inspired Design & Development Planning Statement, the proposed 3G pitch shall be operational 12:00-14:00 and 17:00-21:00 (16:00-21:00 Thursday) on weekdays, 0900-:17:00 Saturdays and 09:00-14:00 Sundays. Reason: In the interest of the amenity of the site and the general area. Page 9 of 126
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7. That unless otherwise agreed in writing by the Planning Authority, full details shall be submitted for written authorisation by the Planning Authority of the proposed sports fence, floodlighting columns, bike shelters, footpaths, car park and access. For the avoidance of doubt, the details required will be drawings for the fence and lighting columns, where materials and colours are specified, as well as materials and colour finishes for the footpaths, car park and access. These approved details will then be fully implemented before the site is brought into operation. Reason: In the interest of the amenity of the site and the general 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 sewerage and surface water drainage arrangements. 9. That unless otherwise agreed in writing by the Planning Authority: - surface water from private / non-adopted areas is not permitted to drain onto the adopted road or footway. - A wheel wash facility must be provided internal to the site to manage the risk of mud and debris being spread on the public road during construction phase. - The access to the development from Bute Street should be surfaced for the first 5m to prevent deleterious materials being deposited onto the public road. Reason: In the interests of traffic safety. 10. That BEFORE the development herby permitted starts, a detailed drawing showing the location of bin store enclosure and litter bins shall be submitted to and approved in writing by the Planning Authority. These approved details will then be fully implemented before the site is brought into operation Reason: To enable the Planning Authority to consider these aspects in detail. 11. As is indicated within the Inspired Design & Development Planning Statement, and unless otherwise agreed in writing by the Planning Authority, before any development takes place on site, details of the proposed planters (sizes, numbers, locations) shall be provided for written authorisation by the Planning Authority. For the avoidance of doubt, these shall be planted with native species beneficial to native wildlife, details of which shall also be submitted for written authorisation by the Planning Authority. Reason: In the interests of protecting nature conservation interests. 12. Unless otherwise agreed in writing by the Planning Authority, the planters as agreed through Condition 11 above shall be installed as per the approved details before the site is operational. If any of the plants/shrubs/trees within these planters die within 2 years of the site being brought into operation, then these shall be replaced with similar native species beneficial to native wildlife. Reason: In the interests of protecting nature conservation interests. Page 10 of 126
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Background Papers: Consultation Responses: Traffic & Transportation received on 11th July 2025, 12th August 2025 and 17th March 2026 Environmental Health (including Pollution Control) received 10th June 2025 and 3rd March 2026 NLC Greenspace received 29th July 2025 and 2nd March 2026 Estates Team received 17th June 2025 Food Safety / Business Regulations received 19th June 2025 Coal Mining Remediation Authority received on 13th June 2025 and 21st August 2025 Contact Information: Any person wishing to inspect these documents should contact Gary McEwan at 01236 632500 Report Date: 27th May 2026 Page 11 of 126
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APPLICATION NO. 25/00451/FUL REPORT 1. Site Description 1.1 The site is Burnbank Football Club which is located on the site of the former bowling club within Whifflet public park, in the Whifflet area of Coatbridge. It is accessible via Bute Street to the north, or by Calder Avenue to the south. The site itself measures 0.98 hectares approximately, and currently features two 40m x 40m bowling greens, and a pavilion building. The site is surrounded by trees/hedging and footpaths and is currently being used as a training facility for Burnbank Football Club. 2. Proposed Development 2.1 The proposed development involves the demolition of the existing pavilion building and removal of the existing bowling greens as well hedging and trees within the site. Replacing this would be a vehicle parking area with parking spaces for up to 35 vehicles, including 7 accessible parking spaces, as well as four containers which would be utilised as changing units for players, for storage and spectator toilets to the north of the site. The main southern section of the site would contain the new 3G football pitch (95m x 60m). Along the west side of the pitch two manager dugouts are proposed either side of the halfway line which would sit up to 10 people each. Along the east and southeast sides of the pitch would be an informal spectator viewing area, which would extend for the full length of the pitch round to the eastern side of the southern penalty box. The proposal also includes floodlighting, and the site would be enclosed with 3m high sports fencing. A replacement public footpath would be located to the east of the existing public footpath along the eastern boundary of the site. The vehicle access to the site would utilise the existing access to the north of the site off from Bute Street. There would be a separate pedestrian/spectator entrance from Calder Avenue to the south. 3. Applicant’s Supporting Information 3.1 Alongside the package of drawings submitted the applicant has provided additional supporting information summarised as follows: • Coal Mining Risk Assessment • Noise Impact Assessment • Bat Survey Report • Planning Statement 4. Site History 4.1 There is no relevant site history. 5. Development Plan 5.1 National Planning Framework 4 Policies: • Policy 1 - Tackling the Climate and Nature Crisis • Policy 2 – Climate Mitigation • Policy 3 – Biodiversity • Policy 13 - Sustainable Transport • Policy 14 - Design, Quality and Place • Policy 15 - Local Living and 20-minute neighbourhoods • Policy 21 - Play recreation and sport • Policy 23 - Health and safety North Lanarkshire Local Development Plan 2022 Policies: • General Urban Area Policies – PP3 Purpose of Place and AD3 Amount of Development Page 12 of 126
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• Environmental & Design Qualities (EDQ1-3) 5.2 NPF4 forms part of the development plan. As such the proposed development requires to be assessed against the provisions and policies of both NPF4 and The North Lanarkshire Local Development Plan (NLLDP). 5.3 The site lies within the General Urban Area where Purpose of Place Policy PP 3 applies. The aim of the Plan within these areas is to maintain and improve the level of amenity appropriate for the local context and encourage diversity in more mixed-use areas. This policy requires such proposals to be assessed against the criteria of AD 3 (Amount of Development), EDQ1 (Site Appraisal) and EDQ3 (Quality of Development) which considers issues such as location of development, size, materials and road safety and which states that proposals must integrate successfully with the surrounding area by avoiding harm to the neighbouring amenity. 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 throughout the processing of the application. There are no concerns raised over the relationship with the wider public road network. In addition, they have requested that adequate drainage, a wheel wash facility and surfacing be provided for the first 5m of the vehicle access be provided, which have been addressed via conditions. 6.2 NLC Environmental Health (including Pollution Control) has indicated that they have no objection to the proposal subject to conditions relating to site investigation and lighting. They also made comments relating to the construction phase of the development which have been attached as an informative. Following a review of the revised proposal (which involved the removal of the clubhouse element of the proposal) and the Noise Impact Assessment submitted, they are satisfied with the assessment of the sports pitch usage and conclusion of the report indicating that no specific noise mitigation is required. 6.3 NLC Greenspace has indicated that they have no objection to the proposal subject to the mitigation measures within section 1.20 of the GLM Ecology Bat Survey Report, Whifflet Park Pavillion, Bute Street, Coatbridge ML5 4HF - August 2025 being taken forward. A condition has been attached addressing this matter. Greenspace also indicated that as the proposal involves the removal of an existing hedgerow, that additional hedgerow should be created to offset this biodiversity loss. The applicant has advised in the Planning Statement provided, that various planters will be installed at locations throughout the site, which will be planted with native species beneficial to wildlife. These are secured by condition. Given the restricted nature of the site and the limited space available, and that the surrounding park has lots of trees which will be unaffected by the proposal, it is considered that on balance the net biodiversity loss is acceptable in this instance. 6.4 NLC Estates indicated that they have no objection to the proposal. 6.5 NLC Food Safety / Business Regulations indicated that they have no objection to the proposal. 6.6 The Coal Mining Remediation Authority has indicated that they have no objection to the proposal following review of the Coal Mining Risk Assessment submitted. 7. Representations 7.1 Letters of representation have been received from 13 separate addresses, seeking to object to the proposal. The reasons for these representations can be summarised as follows. • Floodlighting – The lighting design shows measurable light spill directly towards neighbouring properties. These lights represent a material change in local lighting character, with potential to cause glare, nuisance and disturbance. The proposal appears inconsistent with PAN 1/2011: Planning and Noise and ILP Guidance notes for the reduction of obtrusive light, which recommends curfews and directional shielding for lighting adjacent to residential areas. Additionally, under Section 79(1) (fb) of the Environmental Protection Act 1990, artificial light emitted from premises that prejudice health or causes nuisance may constitute a statutory nuisance. It is considered that the lighting proposed will affect residents’ ability to enjoy their homes, disrupt sleep and have a negative effect on wildlife. Page 13 of 126
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• Noise, activity and disturbance, intensification of use and extended hours of operation – The new proposed facilities will lead to an increase in noise levels from spectators, vehicles and maintenance, particularly during evenings and weekends. Additionally, the period of construction will impact upon local residents for a considerable period. Predicted noise exceeds recognised guidelines at nearby receptors. Evening and weekend usage will introduce substantial noise pollution from whistles, shouting and general crowd noise, which is particularly disruptive in a quiet residential area. The NIA concludes that any increase in noise will be negligible, on the basis that the site is already used for recreational purposes. This assumption is flawed. A new facility with scheduled matches, spectators, and extended hours of operation will generate greater and more concentrated noise than current usage. Assessment limitations reduce confidence in conclusions. It has not been demonstrated that adverse impact would be avoided. • Procedural and consultation failures – Not all properties which will be affected by the proposal were notified of the proposal as required by the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, Regulation 18. This omission represents a procedural failure. The Planning Authority should investigate why these properties were excluded from the consultation list and allow any late representations submitted because of this oversight. Furthermore, such a development should only proceed with meaningful community input. The wider community should have a say in how Whifflet Park is used and how the park will be affected by this development. • Traffic, Access and Parking – There are significant issues with congestion and parking within the surrounding area. Presently, vehicles which are attending the games played at Whifflet Park already take up considerable road space, with some spectators opting to park vehicles inside the park and on the grass. The proposed facilities will significantly increase vehicle traffic, particularly during match days and events. The streets surrounding Whifflet Park are residential and not designed for the anticipated parking demand. The proposal will increase traffic, unsafe parking and obstruct access for carers, emergency vehicles and create risks for carers. With regard to the proposed car park for 35 vehicles, surely this should not be allowed in the middle of a public park. No Transport Assessment has been provided; therefore, it cannot be concluded that the road network can accommodate demand. • Loss of park open space, impact on public use and amenity, change of character and visual impact – The proposal involves changing the landscape and façade of the local park and recreational green space. The loss of this space directly conflicts with Scottish Planning Policy (SPP, paragraphs 226-231) and Planning Advice Notice (PAN) 65: Planning and Open Space, which require councils to safeguard and enhance open spaces that contribute to community well being and amenity. The development also represents a marked change to the character of the area, replacing a peaceful, open recreational space with an illuminated, built sports complex operating late into the evening. The scale and massing of the development, in particular the fence and lighting columns are visually intrusive and not in-keeping with the established park and residential setting. The resulting urbanisation conflicts with Policy EDQ3 (Environmental and Design Quality) and Policy PROM 3 (Open Space Protection) of the North Lanarkshire Local Development Plan, which seeks to preserve the character and amenity of existing neighbourhoods. • Biodiversity and Environmental impact – The trees and hedges surrounding the park have been here for over 100 years and it would be expected that NLC would wish to protect these. Cutting down hedges to replace with sports fencing will affect biodiversity and ecosystems as well as the visual appeal of the park. The area is home to a wide variety of species and will result in a serious and irreversible impact. Harm to wildlife and natural habitats should take precedence over a private development. NLC upholds a Biodiversity Action Plan to enhance local wildlife and manage access to nature in the community. NLC principles should be upheld and prioritised above private aims. The park is a known habitat for local owl species. Under the wildlife and Countryside Act 1981, owls are legally protected from disturbance. The inevitable increase in noise and light spill from the extended facility would disrupt the foraging and nesting patterns of these nocturnal raptors. Without a specialist Ecological Impact Assessment or protected species survey, this application ignores the “Precautionary Principle” and fails to meet the mandatory 10% Biodiversity Net Gain required under planning law. • Not in accordance with policy and legislation – The proposal is not in accordance with the North Lanarkshire Local Development plan, National Planning Policy Framework 4 as well as Planning Advice Notes, and other legislation and guidance relating to lighting, noise and wildlife. Page 14 of 126
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• Construction impacts – There will be significant disruption and noise during construction. No construction management plan has been provided. • Site management – Those in charge of Burnbank Football Club have shown a disregard for engagement with the local community when organising events. Events which have a significant impact on the road network and users of Whifflet park. This lack of transparency and community involvement suggests that the operators have no strategy for managing the significant logistical pressures which their events place on the neighbourhood. The club has repeatedly demonstrated a disregard for statutory planning processes, frequently operating outside of permitted hours and hosting major events without proper notification or permission. There is no evidence to suggest that the any new restrictive conditions would be adhered to, or effectively enforced. • Advertising – There are concerns that the proposal will lead to advertising within and around the site which is not in accordance with the residential nature of the surrounding area. • Anti-social behaviour – There are significant concerns that proposal will lead to additional anti- social behaviour, related to the intensified use of the site. • Impact on property value – There are concerns that the proposal will result in impacts on property prices and the ability to sell surrounding properties. • Litter – There are concerns that due to the intensification of the site that this will result in additional litter being dropped by users of the site. • Quality of life and health impacts – There are concerns that the development, through the extended hours of operation, additional noise generated, the scale, massing and design of the proposal as well as the floodlighting proposed, will lead to impacts to the quality of life and health of local residents. • Clubhouse – The clubhouse proposed is unacceptable in terms of its scale and mass and design. The eventual operation of the clubhouse up until 01:00 is not acceptable for a predominantly residential area. 8. Planning Assessment 8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 states that planning applications are to be determined in accordance with the Development Plan unless other material considerations indicate otherwise. Accordingly, the proposed development requires to be assessed against the provisions and policies of both NPF4 adopted Feb 2023 and The North Lanarkshire Local Development Plan adopted 6 July 2022. 8.2 National Planning Framework 4 (NPF4) In terms of National Planning Framework 4 (NPF4), there are number of policies that affect the proposal. These policies are imparted and disseminated to a significant extent within the NLLDP policies listed below in section 8.11 onwards. 8.3 Policy 1 – NPF4 policy 1, Tackling the Climate and Nature Crisis is met by the proposal as it involves upgrading and continuing the use of an existing site which is already being used by Burnbank Football Club providing positive impacts to the local community in the form of sport and recreation and local living. 8.4 Policy 2 – NPF4 policy 2, Climate Mitigation indicates that development proposals will be sited and designed to minimise lifecycle greenhouse gas emissions as far as possible and will be sited and designed to adapt to current and future risks from climate change. It is considered that the proposal meets these requirements in that the location of the site is within an existing public park, utilised by the surrounding community as a means of sport and recreation and encouraging local living. 8.5 Policy 3 – NPF4 policy 3 seeks to protect Biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. Development proposals should avoid potential adverse impacts and should contribute to the enhancement of biodiversity including strengthening nature networks and the connections between them. Development proposals should include appropriate measures to conserve, restore and enhance biodiversity. Whilst it is noted that the proposal involves the removal of an existing hedgerow, and that this will result in a net biodiversity Page 15 of 126
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loss within the site, the applicant has advised in the Planning Statement provided, that various planters will be installed at locations throughout the site, which will be planted with native species beneficial to wildlife. These are secured by condition. Given the restricted nature of the site and the limited space available, and that the surrounding park has lots of trees which will be unaffected by the proposal, it is considered that on balance the net biodiversity loss is acceptable in this instance. 8.6 Policy 13 - NPF4 policy 13 Sustainable Transport seeks to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel, reducing the need to travel unsustainably and states that proposals to improve, enhance, or provide active travel infrastructure will be supported. It also states that development proposals will be supported where it can be demonstrated that the transport requirements have been considered in line with sustainable travel, which includes accessibility with public transport. This proposed development may be considered acceptable in sustainable travel terms in meeting the policy criteria as the site is well located within an existing public park which serves the surrounding community. It is served by the existing road and footpath network and there are existing bus stops located on Calder Road and Whifflet Street. Whifflet Train Station is located approximately 0.4km to the north. Coatbridge town centre is located within 1km, and the train stations of Coatbridge Central, Sunnyside and Blairhill are all within walking distance of the site. It should also be noted that the proposal involves the inclusion of bike shelters which can accommodate 6 bicycles. 8.7 Policy 14 - NPF4 Policy 14 Liveable Places states that development proposals should be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. Proposals will be supported if the development is consistent with the six qualities of successful places as set out in Appendix D of NPF4, namely: - Healthy, Pleasant, Connected, Distinctive, Sustainable and Adaptable. It is considered that the proposal is consistent with these qualities and is of a good design and without detriment to the surrounding area, it is therefore considered to comply with this policy. 8.8 Policy 15 – NPF4 Policy 15 Local Living and 20-minute neighbourhoods indicates that places should be planned to improve local living in a way that reflects local circumstances, creating a network of mixed-use neighbourhoods which support health and wellbeing, reduce inequalities and are resilient to the effects of climate change. It is indicated that new and existing communities should be planned together with homes and the key local infrastructure including schools, community centres, local shops, greenspaces, health and social care, digital and sustainable transport links. As is indicated in paragraph 8.6 above, the location of various local amenities within walking distance, also accessible by public transport links, indicates that the proposed development meets the criteria of this policy. 8.9 Policy 21 – NPF4 Policy 21 Play recreation and sport encourages, promotes and facilitates spaces and opportunities for play, recreation and sport. It indicates that natural and built environments shall be improved with more equitable access opportunities for play and recreation. It also indicates that physical and mental health are improved through provision of and access to outdoor recreation, play and sport facilities. It is considered that the proposed upgrade of this site will have a net benefit to the surrounding, and wider community for all ages who wish to participate in football, and it is therefore considered to comply with this policy. 8.10 Policy 23 - NPF4 Policy 23 Health and safety indicates that proposals which encourage, promote and facilitate improved health and wellbeing shall be supported. It is therefore considered that the proposal complies with this policy. 8.11 North Lanarkshire Local Development Plan (NLLDP) The North Lanarkshire Local Development Plan designates the site under Purpose of Place Policy PP3 General Urban Area which seeks to maintain and improve the level of amenity appropriate for the local context and encourage diversity in more mixed-use areas. 8.12 The above NPF 4 policies are embedded in the adopted NLLDP and, in particular, Policies PP 3, AD 3. EDQ 1 and EDQ 3 on design are discussed below. The development is therefore considered to be consistent with both NPF 4 and NLLDP Place policy. 8.13 Policy PP3 requires such proposals to be assessed against the criteria of AD 3 (Amount of Development), EDQ 1 (Site Appraisal) and EDQ 3 (Quality of Development) which consider a range of potential impact criteria such as design, materials, and road safety and so forth. The overall provision is that proposals must integrate successfully with the surrounding area by avoiding harm to the neighbouring amenity. 8.14 It is considered that the proposed development is suitable for this location as the site lies within the General Urban Area where Purpose of Place Policy PP 3 applies. Page 16 of 126
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8.15 EDQ 1 POLICY Site Appraisal This policy indicates that the proposed development will require to be appraised in terms of the site and its surroundings to ensure it will integrate successfully into the local area and avoid harm to neighbouring amenity. The policy lists a variety of matters to be addressed in the appraisal these include: • Mixture of uses in the land use character area; public services available locally, e.g. public transport, play/recreation provision; accessibility by a range of sustainable transport modes; lighting - day, night, seasonal variation of use, security arrangements, informal supervision; ground stability and contamination on the site; existence and quality of connections and access including site and building entrances, roads, paths and visuals on the site, biodiversity of plants and animals on the site, landscape character As is indicated paragraphs 8.6 and 8.8 above, it is considered that the development is well served by public transport. This proposed development is considered acceptable in sustainable travel terms as the site is well located within an existing public park which serves the surrounding community. It is served by the existing road and footpath network and there are existing bus stops located on Calder Road and Whifflet Street. Whifflet Train Station is located approximately 0.4km to the north. Coatbridge town centre is located within 1km, and the train stations of Coatbridge Central, Sunnyside and Blairhill are all within walking distance of the site. The proposal also involves the inclusion of bike shelters which can accommodate 6 bicycles. It is considered that the upgrade of the site will benefit the local and wider community in terms of improved recreation provision, allowing footballers of all ages access to better facilities and allow for play into the evening, and during the darker months of the year which is considered to be in accordance with this policy. The proposal involves floodlighting which will allow the use of the site in the evening and during darker winter months, however conditions have been attached to ensure that the facility will close at 21:00 during weekdays, 17:00 on Saturdays and 14:00 on Sundays. A condition has also been attached (as advised by the Council’s Environmental Health (including Pollution Control) section, such that Burnbank Football Club will be responsible for ensuring that external artificial lighting provided as part of this development shall not give rise to nuisance in terms of Section 79 of the Environmental Protection Act, 1990 as amended by the Public Health etc. (Scotland) Act, 2008. The applicant will also be required to ensure that the illuminated sports pitch lighting complies with Environmental Zone - E3 criteria, as detailed in the design Guidance Notes for the Reduction of Obtrusive Light, GN01, Institution of Lighting Engineers, 2005. This condition also specifies that the lighting will only be on when the pitch is in use and that it will be switched off at all other times. These conditions will ensure that the flood lighting proposed will not result in significant negative impacts for the dwellinghouses which are located in close proximity to the development. With regard to ground stability and contamination, following consultation with the Council’s Environmental Health (including Pollution Control) section, conditions have been attached which will ensure that there will be no issues in relation to ground contamination or stability. The Council’s Traffic and transportation section has raised no concerns over the relationship with the wider public road network. In addition, they have requested that adequate drainage, a wheel wash facility, and surfacing be provided for the first 5m of the vehicle access, which have been addressed via condition. As is discussed in paragraph 8.5 above, whilst it is noted that the proposal involves the removal of an existing hedgerow, and that this will result in a net biodiversity loss within the site, the applicant has advised in the Planning Statement provided, that various planters will be installed at locations throughout the site, which will be planted with native species beneficial to wildlife. Given the restricted nature of the site and the limited space available, and that the surrounding park has lots of trees which will be unaffected by the proposal, it is considered that on balance the net biodiversity loss is acceptable in this instance. 8.16 EDQ 3 (Quality of Development) This policy advises that development will only be permitted where high standards of site planning and sustainable design are achieved. Planning Applications will need to demonstrate that the proposed development takes account of the site appraisal carried out as a requirement of Policies EDQ1 and, if appropriate, EDQ2, assets protected under Policy PROT, any evaluation of design options, and Page 17 of 126
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achieves a high-quality development in terms of the following. • Siting, overall layout; density; form; scale; height; massing; proportion; detailing; colour; materials; integration with public transport, green networks and wider links, being safe for all road users and appropriate parking provided; promoting health and wellbeing and mitigating any likely air quality, noise or pollution impacts. The proposed upgrading of the Burnbank Football Club site is considered acceptable in terms of siting and layout. The proposed containers would be 2.5m in height and are located far enough away from dwellinghouses not to result in any significant sunlight or daylight impacts. Also given their scale and massing, as well as their location in relation to neighbouring housing, these will not have a significant negative impact on the visual amenity of the area. There is a 3m high sports fence proposed for the majority of the site, with a maximum of 5m behind the goals, full details of which require to be submitted for written authorisation by the Planning Authority, prior to commencement of development on site. The Planning Statement provided indicates that this will take the form of a mesh fence designed to withstand repeated impact from sports activity and these will have a durable green powder coating. The nature and colour of the fence will help it to blend in with the surrounding park. It is not considered that the fencing will result in any significant negative impacts for neighbouring dwellinghouses or negatively impact the visual amenity of the wider park. The proposal would also not result in any significant privacy impacts for neighbouring dwellinghouses. As is indicated paragraphs 8.6, 8.8 and 8.15 above, it is considered that the development is well served by public transport. It is served by the existing road and footpath network and there are existing bus stops located on Calder Road and Whifflet Street. Whifflet Train Station is located approximately 0.4km to the north. Coatbridge town centre is located within 1km, and the train stations of Coatbridge Central, Sunnyside and Blairhill are all within walking distance of the site. As is discussed in paragraphs 6.1 and 8.15 above the Council’s Traffic and transportation section has raised no concerns over the relationship with the wider public road network and has indicated that adequate off-street parking is to be provided within the development. It is considered that the proposed upgrade of this site will help to promote health and wellbeing and have a net benefit to the surrounding, and wider community for all ages who wish to participate in football. In terms of noise impacts in relation to the proposal, whilst it is acknowledged that the proposed upgrade to the site will intensify the use of the site, in terms of the numbers of people using the facility on a daily basis, following a review of the revised proposal and the Noise Impact Assessment submitted, the Council’s Environmental Health (including Pollution Control) section are satisfied with the assessment of the sports pitch usage, and the conclusion of the report indicating that no specific noise mitigation is required. Representations 8.17 In response to the grounds of representation above in 7.1, these are commented on in the same order as they appear above: • Floodlighting – With regard to the floodlighting proposed, NLC Environmental Health (including Pollution Control) has provided comment which has been attached in the form of a condition, to ensure that the lighting will meet the standards specified in their comments. • Noise, activity and disturbance, intensification of use and extended hours of operation – It is noted that the proposal will involve the intensification of the site, in terms of hours of operation and numbers of users, however NLC Environmental Health (including Pollution Control) has indicated that following a review of the revised proposal (which involved the removal of the clubhouse element of the proposal) and the Noise Impact Assessment submitted, they are satisfied with the assessment of the sports pitch usage and conclusion of the report indicating that no specific noise mitigation is required. • Procedural and consultation failures – Whilst these comments are noted, the planning service carried out the neighbour notification as it is statutorily required to do, i.e. to consult all neighbours within a 20m buffer of the site. It should be noted that neighbour notification has been conducted on 3 separate occasions following amendments to the scheme and each time members of the public (not only those notified) have been given the opportunity to comment, responses accepted, and points addressed within the Council’s report of handling. Page 18 of 126
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• Traffic, Access and Parking – Following discussions with the Council’s Traffic and Transportation section and the applicant, the proposal was amended firstly to remove the clubhouse and spectator stands and provide additional parking, then to provide a replacement footpath connecting Calder Avenue in the south and Bute Street to the north. The Council’s Traffic and Transportation section has no objection to the current scheme subject to condition being attached addressing drainage, a wheel wash facility and surfacing to be provided for the first 5m of the vehicle access be provided. A Condition has been attached addressing these matters. • Loss of park open space, impact on public use and amenity, change of character and visual impact – Whilst these comments are noted, the site is already in use by Burnbank FC and has been for some years. The current proposal looks to formalise the arrangement and upgrade the site to provide a 3G pitch with sports fencing and floodlighting to allow for the site to be utilised later in the evening and during winter months. It is considered that the proposed upgrade of this site will have a net benefit to the surrounding, and wider community for all ages who wish to participate in football. Whilst it is acknowledged that the proposal would result in the loss of a small area of Whifflet Park which is not currently in use by Burnbank FC and the proposal involves the removal of an established hedge within the site as well as the installation of a sports fence and floodlighting columns, it is not considered that the scheme will result in significant negative impacts to the overall amenity of Whifflet park, especially given that the Clubhouse element of the proposal has been removed. • Biodiversity and Environmental impact – NLC Greenspace has indicated that they have no objection to the proposal subject to the mitigation measures within section 1.20 of the GLM Ecology Bat Survey Report, Whifflet Park Pavillion, Bute Street, Coatbridge ML5 4HF - August 2025 being taken forward. A condition has been attached addressing this matter. Greenspace also indicated that as the proposal involves the removal of an existing hedgerow, that additional hedgerow should be created to offset this biodiversity loss. The applicant has advised in the Planning Statement provided, that various planters will be installed at locations throughout the site, which will be planted with native species beneficial to wildlife, which is controlled by condition. Given the restricted nature of the site and the limited space available, and that the surrounding park has lots of trees which will be unaffected by the proposal, it is considered that on balance the net biodiversity loss is acceptable in this instance. • Not in accordance with policy and legislation – Planning applications must be assessed first and foremost against the policies within the development plan unless there are other material considerations which would suggest otherwise. In assessing the proposals against the policies within National Planning Framework 4 and the North Lanarkshire local Development Plan, it is considered that the proposal complies with the development plan. There are not considered to be any material considerations which would merit refusal of the application. • Construction – The construction process is covered by separate legislation. NLC Environmental Health (including Pollution Control) have however provided comments which have been attached as an informative should the Planning Committee approve the application. • Site Management – These points are noted; however, the proposal is considered acceptable subject to the attached conditions. If the applicant were not to comply with any of the proposed conditions, then these can be enforced. • Advertising – No advertising is proposed. If any advertisements are installed without appropriate consent, then these can be enforced. • Anti-social behaviour – Anti-social behaviour is not a material planning consideration and is a matter for the police. • Impact on property value – Impact on property values or ability to sell properties are not material planning considerations. • Litter – A condition is attached to ensure that litter collection facilities are provided within the site. • Quality of life and mental health impacts – Whilst this point is noted, it is not considered that the proposed development will result in significant negative impacts to the quality of life of neighbouring residents. The facility is indicated to close at 21:00 during the week, 17:00 on Saturdays and 14:00 on Sundays, therefore it is not considered that the proposal would be likely to have significant negative impacts on quality of life, or mental health. Conversely, the facility will Page 19 of 126
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have a positive impact on the quality of life and mental health of those using the facility. • Clubhouse – The clubhouse has been removed from the proposed scheme. 8.18 Other material considerations There are no material considerations that would merit refusal of this application. 9. Conclusions 9.1 The proposed development is acceptable in terms of its impact upon the site and the surrounding residential area. The development would utilise existing infrastructure, facilities and road network. The proposed development and associated layout are of an acceptable design. In addition, it is considered that the proposed development would not result in an unacceptable impact on environmental assets. The proposed demolition of the existing pavilion building, erection of four containers, manager dugouts, and installation of associated floodlighting, fences and 3G football pitch meets the criteria set out in the policies contained within the National Planning Framework 4 and North Lanarkshire Local Development Plan 2022. The proposed development can be accommodated without unacceptable detriment to the character and amenity of the surrounding area. There are no material considerations that would merit refusal of this application. Accordingly, it is recommended that planning permission be granted subject to conditions. Page 20 of 126
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Application No: 25/01049/FUL Proposed Development: Erection of a Building, Welfare Facilities and Associated Infrastructure to Facilitate Waste Treatment Operations Site Address: Land at Damside Park Allanton Road Allanton Date Registered: 9th October 2025 Applicant: Damside Holdings Ltd Falkirk Business Hub 45 Vicar Street Falkirk FK1 1LL Agent: BPM Environmental Garden Cottage Denny FK6 6QZ Application Level: Local Application Contrary to Development Plan: Yes Ward: 13 Fortissat Martin McCulloch,Margaret Hughes,John Jo Leckie, Representations: No letters of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The application is on balance considered acceptable in terms of the Development plan. The proposal while not supported in principle as a countryside use none the less when measured against the supporting policies of the Development Plan is accepted not least given the sites mining legacy providing existing secluded infrastructure to enable contribution to zero waste targets without significant adverse impact to the surrounding area. Page 21 of 126
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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: 25/01049/FUL Name (of applicant): Damside Holdings Ltd Site Address: Land at Damside Park Allanton Road Allanton Development: Erection of a Building, Welfare Facilities and Associated Infrastructure to Facilitate Waste Treatment Operations Page 22 of 126
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Proposed Conditions:- 1. That the development hereby permitted shall be carried out strictly in accordance with the approved drawings and supporting information submitted as part of the application and no change to the approved details shall be made without prior written approval of the Planning Authority. The development shall be implemented in accordance with amended drawing numbers: DEP/GH/001, DEP/GH/002 Rev A, DEP/GH/003, DEP/GH/004, DEP/GH/005 & DEP/GH/006 Reason: To clarify the drawings and information on which this approval of planning permission is founded. 2. That notwithstanding the terms of condition (1) of this planning permission, before the development hereby permitted starts confirmation of the colour of the main building (drawing DEP/GH/003) shall be confirmed and be approved in writing by the Planning Authority and the development shall be implemented in accordance with these details. For the avoidance of doubt the building shall be a shade of Grass green (RAL 6010). Reason: To define the permission in the interests of visual amenity. 3. That the maximum quantity of waste that can be disposed of at the facility in any one year shall not exceed 20,000 tonnes, unless otherwise agreed in writing with the Planning Authority in consultation with SEPA. The operator shall confirm that the agreed level of waste input is not exceeded by submitting annual reports on waste acceptance at the site to the Planning Authority. Reason: To define and quantify the terms of the permission and allow the Planning Authority to consider the progress of site operations in the interests of amenity. 4. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, consultation comments provided the site investigation report Tetra Tech (v2) reference 784-B075861 shall be resolved to the satisfaction of the Planning Authority in consultation with NLC Protective Services. The investigation must continue to 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 site decontamination is required in the interests of the amenity and wellbeing of future residents. 5. That any remediation works identified by the site investigation required in terms of Condition 4, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority prior the first dwellinghouse hereby permitted becoming occupied 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 and wellbeing of future users of the site. 6. That should development not commence within 2 years of this decision, an updated Protected Species Survey shall be submitted to and approved in writing by the Planning Authority. Following written approval by the Planning Authority, the requirements of those reports in respect to habitat and protected species protection shall be complied with in full, including securing any licences from Nature Scotland. Reason: Protecting nature conservation in the interests of protecting nature conservation interests. Page 23 of 126
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7. That BEFORE the development hereby permitted starts, a scheme of landscaping incorporating biodiversity enhancement measures and native tree planting shall be submitted to, and approved in writing by the Planning Authority, in consultation with SNH and NLC Greenspace (Biodiversity). The submitted details shall include: (a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of native 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 (biodiversity enhancement) works which shall provide for these works being carried out contemporaneously with the development of the site. (d) a management and maintenance scheme for these works Reason: To enable the Planning Authority to consider these aspects in detail in consultation with Nature Scot guidance and NLC Greenspace (Biodiversity) and to provide additional screen planting in the interests of visual amenity. 8. That all works included in the scheme of landscaping and native tree planting, approved under the terms of condition 6 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species. Reason: In the interests of the visual amenity of the site, to mitigate adverse effects on views of the development from outlying areas and to benefit local biodiversity. 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 experienced in drainage works as complying with the most recent SEPA SUDS guidance. For the avoidance of doubt, the proposed SUDS scheme shall incorporate the removal or breaking up of all existing field drains within the site. 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 occupants 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. Page 24 of 126
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Background Papers: Consultation Responses: NLC Traffic & Transportation memorandum received 8th December 2025 & 12th March 2026 NLC Pollution Control memorandum received 10th March 2026 NLC Greenspace Memorandum received 3rd November 2025 & 8th April 2026 Coal Mining Remediation Authority letter received 22nd October 2025 & 17th February 26th March 2026 Scottish Environment Protection Agency letter received 21st October 2025 Contact Information: Any person wishing to inspect these documents should contact Gordon Arthur at Planningenquiry@northlan.gov.uk Report Date: 29th May 2026 Page 25 of 126
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APPLICATION NO. 25/01049/FUL REPORT 1. Site Description 1.1 The proposed development site measures 2.35 ha. and lies south of the A71 with the settlement of Stane 1.2 km to the north, on the site of the former Damside opencast coal site. The site access continues unchanged from that utilised for the former open cast development. The surrounds comprise a mixture of agricultural land, commercial conifer plantation and areas of land immediately around the site stripped of vegetation and in some areas soil with no vegetation. The site previously formed part of the Damside opencast operations and was never fully restored once extraction operations ceased. The immediate site is characterised by concrete settlement ponds (former open cast operation) restored ground and some natural ponding, spoil heaps and vegetation recovery. 2. Proposed Development 2.1 The application proposes a waste treatment facility (for managing secondary materials) including a treatment building which will be 84m long and 29m wide (2436m2). Externally existing concrete surface will be retained where possible. All waste operations (sorting, separation, shredding, bailing, bulking) will take place inside the building. The building will house both fixed and mobile plant. The waste operations will comprise of sorting, separation, shredding, bailing and bulking up of wastes for resale. All loose waste will be off loaded within the building. Additional elements include a replacement weighbridge to be installed at the same location as the former weighbridge to utilise the existing services and road layout. A weighbridge cabin will also be provided. Cameras will be installed at the site entrance, weighbridge and operational areas to provide security. There is an existing security gate and 2 metre timber screen fencing at the entrance enclosing a delivery holding area, this fenceline includes a timber hoarding. Beyond the gate there is a gate house for site security and parking area for two cars. The area around the waste treatment building and the associated external area will be enclosed by mesh security fencing 2m high and green in colour. A welfare cabin will also be provided for employees with parking. 2.2 The external concrete area will be used for loading of vehicles, storage of processed non- biodegradable materials such as plastics and storage of oils and fuel for the plant and machinery in approved bunded containers. A welfare cabin will also be provided for employees. 2.3 An area to the south of the waste treatment area will be set aside for soil and stone treatment again there is existing concreate areas from the previous operation. Mobile crushers and screeners will be used to process materials into products for resale. 2.4 The wastes to be accepted at the site are detailed in Table 3.1 of the supporting statement and includes the following: • Waste Treatment Area Commercial, industrial, separately collected recyclables 20,000 tonnes per annum. • Soil Treatment area Soil and stones, construction and demolition waste. 4750 tonnes per annum. Hours of operation proposed include the following: • Waste acceptance Monday to Sunday 07.00 – 19.00 • General operations Monday to Sunday no restriction. 2.5 National policy defines facilities for the purpose of recycling as follows. Recycling means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations. It does not include nuclear reprocessing. That is to say, Page 26 of 126
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facilities where materials can be collected and sorted into the various component parts or consolidated into bulk quantities for re-use either in their original or an alternative function and for recovery. ‘Recovery’ means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. ‘Material recovery’ means any recovery operation, other than energy recovery and the reprocessing into materials that are to be used as fuels or other means to generate energy. It includes, inter alia, preparing for re-use, recycling and backfilling; ‘preparing for re-use’ means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre- processing. 2.6 Submitted details below on types of material for recycling. Waste types. The application confirmed that the site would accept commercial waste, industrial waste and separately collected recyclables. Damside will not accept household waste. Damside will be run as a clean Materials Recycling Facility (MRF). The site will also service council contracts, whether direct or third party. Waste streams will be sourced under the EWC Codes below, such as 150106/,150107/,150104/ & 170904 but not limited to, these and other codes will be agreed with SEPA. Technology based solutions will be used, to provide a near zero waste as possible, with the MRF adopting a clean floor policy. EWC Code Description Category 150101 Paper and cardboard Packaging Packaging waste 150102 Plastic packaging Packaging waste 150104 Metallic packaging Packaging waste 150106 Mixed packaging Packaging waste 150107 Glass packaging Packaging waste 170101 Concrete Construction and demolition waste 170102 Bricks Construction and demolition waste 170103 Tiles and ceramics Construction and demolition waste 3. Applicant’s Supporting Information 3.1 The applicant has submitted a range of supporting information with their application. • Site plans • Preliminary Ecological Appraisal (including suggested biodiversity enhancements) • Coal Mining Risk Assessment • Supporting Statement • Contaminated land desk study 4. Site History 4.1 Significant planning history includes the following: • M/1/87 Mining and working of coal by open cast methods approved 30th April 1987 • 97/10008/AMD Importation of Coal from Drumshangie O.C.C.S. Airdrie to the Damside Disposal Point for Processing and blending. • 98/100837/MlN for Continuation of Opencast Coal Extraction to October 2000. Approved 20th August 1998. • 00/00811/MIN for Continuation of Opencast Coal Extraction to 3tst October 2001. Approved 29th Page 27 of 126
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September 2000. • 03/00655/FUL Replacement of Existing 13-Metre-High Mast with New 20.4-Metre-High Lattice Telecommunications Tower, and Ancillary Equipment. • 12/00808/FUL Erection of 8 Wind Turbines (2W, 126.5m to tip} and Associated Infrastructure • Formal enforcement action 13/00194/COMP breach of Planning condition for Permission 00/00811/MIN notice served 29th October 2013 breach of condition 3. A revised restoration scheme was received and approved. The planning record indicates that relevant conditions were confirmed as discharged 13th January 2021. 5. Development Plan 5.1 The Development Plan consists of the North Lanarkshire Local Development Plan and the National Planning Framework 4 (NPF 4). The proposed development requires to be assessed against the provisions and policies of both NPF4 and The North Lanarkshire Local Development Plan. It should be noted that under the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 the site is not a schedule 2 development. 5.2 National Planning Framework 4 (NPF 4) is presented in two parts: Part 1 – A National Spatial Strategy for Scotland 2045 and Part 2 – National Planning Policy. Part 1 of NPF4 presents ‘A National Spatial Strategy for Scotland 2045’ introduces six overarching spatial principles which play a key role in delivering the UN Sustainable Development Goals and the Scottish Government’s national outcomes. These spatial principles are defined as: 1) Just Transition Empowering people to shape their places and ensure the transition to net zero is fair and inclusive. 2) Conserving and Recycling Assets Making productive use of existing buildings, places, infrastructure and services, locking in carbon, minimising waste, and building a circular economy. 3) Local living Supporting local liveability and improve community health and wellbeing by ensuring people can easily access services, greenspace, learning, work and leisure locally. 4) Compact urban growth Limiting urban expansion so we can optimise the use of land to provide services and resources, including carbon storage, flood risk management, blue and green infrastructure and biodiversity. 5) Rebalanced development Targeting development to create opportunities for communities and investment in areas of past decline and manage development sustainably in areas of high demand. 6) Rural revitalisation Encouraging sustainable development in rural areas, recognising the need to grow and support urban and rural communities together. PART 2 – NATIONAL PLANNING POLICY The above spatial principles inform the 3 themes of the National Spatial Strategy which are to support the planning and delivery of: • Sustainable Places – where we reduce emissions, restore and better connect biodiversity. • Liveable Places – where we can all live better, healthier lives; and • Productive Places – where we have a greener, fairer and more inclusive wellbeing economy. The purpose of the National Spatial Strategy is to inform Local Development Plans, Regional Spatial Strategies and Local Place Plans, it does not contain policies directly applicable to the decision-making process. Page 28 of 126
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The following NPF 4 policies are of relevance: 5.3 Policy 1 Tackling Nature and climate crisis. When considering all development proposals significant weight will be given to the global climate and nature crisis. 5.4 Policy 2 Climate mitigation and adaptation This is intended to encourage promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. 5.5 Policy 3 Biodiversity To protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. d) Any potential adverse impacts, including cumulative impacts, of development proposals on biodiversity, nature networks and the natural environment will be minimised through careful planning and design. This will take into account the need to reverse biodiversity loss, safeguard the ecosystem services that the natural environment provides, and build resilience by enhancing nature networks and maximising the potential for restoration. 5.6 Policy 9 Brownfield, Vacant and Derelict Land and Empty Buildings To encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. a) Development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary, will be supported. In determining whether the reuse is sustainable, the biodiversity value of brownfield land which has naturalised should be taken into account. b) Proposals on greenfield sites will not be supported unless the site has been allocated for development or the proposal is explicitly supported by policies in the LDP. c) Where land is known or suspected to be unstable or contaminated, development proposals will demonstrate that the land is, or can be made, safe and suitable for the proposed new use. 5.7 NPF4 Policy 12 Zero waste Policy intent To encourage, promote and facilitate development that is consistent with the waste hierarchy. Policy outcomes • The reduction and reuse of materials in construction is prioritised. • Infrastructure for zero waste and to develop Scotland’s circular economy is delivered in appropriate locations. a) Development proposals will seek to reduce, reuse, or recycle materials in line with the waste hierarchy. b) Development proposals will be supported where they: i. reuse existing buildings and infrastructure. ii. minimise demolition and salvage materials for reuse. iii. minimise waste, reduce pressure on virgin resources and enable building materials, components and products to be disassembled, and reused at the end of their useful life. iv. use materials with the lowest forms of embodied emissions, such as recycled and natural construction materials. v. use materials that are suitable for reuse with minimal reprocessing. Page 29 of 126
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d) Development proposals for waste infrastructure and facilities (except landfill and energy from waste facilities) will be only supported where: i. there are no unacceptable impacts (including cumulative) on the residential amenity of nearby dwellings, local communities; the transport network; and natural and historic environment assets. ii. environmental (including cumulative) impacts relating to noise, dust, smells, pest control and pollution of land, air and water are acceptable. iii. any greenhouse gas emissions resulting from the processing and transportation of waste to and from the facility are minimised. iv. an adequate buffer zone between sites and sensitive uses such as homes is provided taking account of the various environmental effects likely to arise. v. a restoration and aftercare scheme (including appropriate financial mechanisms) is provided and agreed to ensure the site is restored. vi. consideration has been given to co-location with end users of outputs. 5.8 NPF4 Policy 13 Sustainable transport The intent of Policy 13 is “to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably”. 5.9 Policy 14 Design, Quality and Place To encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. a) Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. b) Development proposals will be supported where they are consistent with the six qualities of successful places. c) Development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places, will not be supported. 5.10 NPF4 Policy 23: Health and Safety is intended to protect people and places from environmental harm, mitigate risks arising from safety hazards and encourage, promote and facilitate development that improves health and wellbeing. The stated outcome for this policy is: • Health is improved and health inequalities are reduced. • Safe places protect human health and the environment. • A planned approach supports health infrastructure delivery. 5.11 Policy 29 Rural development The policy is intended to encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area and the service function of small towns, natural assets and cultural heritage are safeguarded and enhanced. a) Development proposals that contribute to the viability, sustainability and diversity of rural communities and local rural economy will be supported, including (viii.) reuse of brownfield land where a return to a natural state has not or will not happen without intervention. b) Development proposals in rural areas should be suitably scaled, sited and designed to be in keeping with the character of the area. They should also consider how the development will contribute towards local living and take into account the transport needs of the development as appropriate for the rural location. c) Development proposals in remote rural areas, where new development can often help to sustain fragile communities, will be supported where the proposal: i. will support local employment. Page 30 of 126
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5.12 The following policies are relevant within the North Lanarkshire Local Development Plan: North Lanarkshire Local Development Plan 5.13 Countryside PP 5 POLICY Purpose of Place North Lanarkshire Council will support the Countryside, as defined on the Promote Map, by accommodating limited development, such as, Visitor Economy related development, extending existing businesses and settlements, and agricultural diversification. North Lanarkshire Council will resist pressure for sporadic and isolated development in the Countryside, protect and enhance local landscapes and encourage the creation of jobs and services to serve Countryside communities. Where specified by this Policy, applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. All of the uses that are appropriate in the Green Belt are appropriate in the Countryside. However, in addition to these, proposals for limited expansion of existing businesses and settlements, agricultural diversification and local job creation will be encouraged. Assessment of appropriateness of any proposal for development (excluding Householder Development), or change of use, within the Countryside, should include, but not be limited to: • support by a business plan, or statement justifying that the development is compatible with the Countryside. • a statement on the scale and nature of existing development in the Countryside (all proposals require to satisfy the provisions of all EDQ Policies). • evidence that there is a specific locational requirement for the proposal. • evidence that the proposal will result in significant economic benefit. • its impact on travel patterns and accessibility by sustainable modes of transport (all proposals require to satisfy the provisions of Policies CI, EDQ 1 and EDQ 3). Development not meeting these requirements will not be supported. That said, PP 5 POLICY Purpose of Place (countryside) has largely been superseded by policy 29 Rural development of the National Planning Framework 4 retaining the same intent to support the economy in the rural area, AD 5 POLICY Amount of Development 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. In considering utilities and design policy is directed to design policies EDQ 1-3. 5.14 There are no significant protect policies associated with this site, however, as a waste processing facility PROM ID2 POLICY becomes relevant. PROM ID2 POLICY Utilities Improvements Waste : The location being supported if meeting the following: • at an existing/previous waste management facility licensed by SEPA, • a designated Business Centre within an appropriate development site, Page 31 of 126
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• a site identified in the Plan. Waste developments will support the delivery of the Zero Waste Plan objectives. The facility would need to comply with the EU Waste Framework Directive, National Waste Plan, regional guidance and issues of need and impact. 5.15 Environmental and Design Qualities EDQ EDQ 1-3 EDQ 1 POLICY Site Appraisal Any proposed development will require to be appraised in terms of the site and its surroundings to ensure it will integrate successfully into the local area and avoid harm to neighbouring amenity. The matters to be addressed in the appraisal include but are not limited to the listed criteria. • massing, height, style, finishing materials of any building or buildings on the site and surrounding Land Use Character Area • orientation and topography of the site and surrounding Land Use Character Area • mixture of uses in the Land Use Character Area • building lines, plot ratios, groupings, types of enclosure (e.g. fences, walls, hedges), landmarks in the Land Use Character Area • the existence of and impact of or on “Bad Neighbour” Development on the site and surrounding Land Use Character Area. Bad Neighbour uses are defined in Statutory Instrument 1992 No.224 (S.18) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 Schedule 7. To achieve appropriate form and design and to allow consideration of the proposal, Planning Applications will require to be accompanied by an appraisal of the site. EDQ 3 POLICY Quality of Development Development will only be permitted where high standards of site planning and sustainable design are achieved. Planning Applications will need to demonstrate that the proposed development takes account of the site appraisal carried out as a requirement of Policies EDQ 1 and, if appropriate, EDQ 2, assets protected under Policy PROT, any evaluation of design options, and achieves a high-quality development in terms of the listed criteria. 6. Consultations 6.1 The following consultation responses have been received. Coal Mining Remediation Authority initially objected to the application, however, following submission of a revised Coal Mining Risk Assessment requiring further consultation, the Coal Authority withdrew its objection recommending an informative covering ground investigation works. Scottish Environment Protection Agency SEPA referred to their standing advice on this type of development. SEPA regulates waste management activities in Scotland through Waste Management Licences (WMLs) and Pollution Prevention and Control (PPC) permits. The licence seeks to prevent unacceptable emissions to land, air or water: it achieves this by specifying the management and control systems for the site or plant. Lower risk activities, such as some reclamation and recycling activities, are exempt from full waste management licensing, but must still be registered with SEPA. SEPA concludes that they will address all matters relating to regulation when the appropriate regulatory application is made. It is an applicant’s responsibility to ensure their proposals will meet all relevant regulatory requirements and they are working within regulatory guidelines. They consider it to be at the applicant’s commercial risk if planning permission is granted for a development/process which cannot gain authorisation from us, or if any significant changes required during the regulatory stage necessitate a further planning application. Page 32 of 126
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NLC Greenspace recommended the submission of a preliminary ecological appraisal which the applicant subsequently submitted. Greenspace provided further comment on biodiversity enhancements and landscape proposals to concur with National Planning Framework 4 -Policy 3 incorporating on biodiversity guidance published by Nature Scotland. This is recommended as a subject for planning condition. NLC Roads recommended that the application be deferred pending further detail clarifying access detail on access visibility, vehicle types. Revised detail was submitted and accepted. NLC Protective Services provided comment on the submitted phase 1 contaminated land desk study and subsequently requested a phase 2 report which continued to be under review at the time of writing and is therefore the subject of planning conditions. 7. Representations 7.1 Following neighbour notification and press advert no representations were received. 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. Subject to suitable restrictions on the extent and nature of the development, it is considered that the proposal raises no issues of a strategic nature. The Development Plan comprises the North Lanarkshire Local Development Plan (NLLDP) and the National Planning Framework 4 (NPF 4) with NPF prevailing over any NLLDP policies that are incompatible with its aims and objectives. National Planning Framework 4 (NPF4): 8.2 The introduction of NPF4 in February 2023 requires that these policies be taken into account in assessing all developments. The most appropriate of these listed above are discussed below. NPF4 Policy 1: Tackling the climate and nature crises and NPF4 Policy 2: Climate mitigation and adaptation. This policy prioritises addressing the climate and nature crises in all decisions, emphasising the approval of developments that support NPF4’s fundamental aims of achieving Net Zero by 2045 and ensuring the protection and enhancement of biodiversity. Similarly, NPF4 Policy 2 encourages development that minimises emissions and adapts to the current and future impacts of climate change. It is argued that this type of development conserves and recycles assets making productive use of existing, places, infrastructure and services, locking in carbon, minimising waste, and thereby contributing to building a circular economy. This initiative not only addresses climate change but also reduces emissions, fulfilling the core objectives of both Policy 1 and Policy 2. The Proposed Development will incorporate measures for biodiversity enhancement (as discussed under NPF4 Policy 3 below). This demonstrates a proactive approach to protecting and enhancing biodiversity, in line with Policy 1’s emphasis on nature conservation. In summary, the Proposed Development’s positive contribution to both the climate and biodiversity crises aligns with the priorities of NPF4 Policy 1 and Policy 2. By actively addressing these critical challenges, the Proposed Development complies with these policies. 8.3 NPF4 Policy 3: Biodiversity The immediate site is a former open cast mining operation which was subject to a requirement for site restoration. This requirement does not appear to be fully realised. To therefore facilitate this site, it is recommended that planning conditions requiring a scheme of landscaping including biodiversity improvements within the site boundary should be attached if minded to approve. An ecological survey was undertaken across the application site notwithstanding historic uses resulting in the site covered in large areas of hardstanding. The survey identified no signs of protected species on the site or suitable habitat for reptiles and amphibians. The surrounding woodland habitat, riparian Page 33 of 126
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corridors, and hedgerows were noted to provide foraging opportunities and birds were noted to be commuting across the site. It is therefore considered that development will not significantly affect the biodiversity due to the existing hardstanding areas and in some part lack of vegetation. It is intended to retain peripheral areas of the site including ditches and the concrete settling ponds noting that these areas may be of biodiversity benefit. In concluding comments on policy 3, the development will not significantly impact biodiversity or nature networks. The applicant comments a desire to work with adjacent landowners and other bodies to look at ways to enhance the wider area. To deliver a net biodiversity gain (Policy 3(b)(iv)), the applicant will implement a biodiversity enhancement plan, including native tree and shrub planting along eastern and southern boundaries to enhance connectivity with Forestry Land Scotland’s adjacent woodland. A management plan will ensure long-term retention and collaboration with Forestry Land Scotland and local stakeholders will explore wider biodiversity enhancements, delivering community benefits (Policy 3(v)). This is recommended as a subject for planning conditions. The Proposed Development complies with NPF4 Policy 3 by ensuring positive effects for biodiversity. A preliminary ecology assessment was conducted to understand the Site’s existing ecological characteristics and context. The Site is not designated for ecological sensitivity. The application submission is proposing to enhance an area immediately around the site achieving no significant net loss of biodiversity. Given the foregoing it is considered that the application aligns with Policy 3. 8.4 Policy 9 Brownfield, Vacant and Derelict Land and Empty Buildings The site was previously developed for the extraction of coal (open cast) and is in the process of restoration. It cannot therefore reasonably be considered green field particularly as existing access road and build platforms remain in situ. It should however be noted that the site is not currently on the vacant and derelict land register. The applicant has also submitted supporting information on mining risk assessment and protective services has been consulted on contaminated land potential. This is discussed in the consultee section of this report. Development of this site as Brownfield is supported by Policy 9 of NPF4. 8.5 NPF4 Policy 12 Zero waste The proposed facility seeks to recycle materials in accordance with the waste hierarchy by waste treatment that will enable mixed wastes to be separated, processed before being resold back to the market. The applicant comments that ~85% diverted from landfill through sorting, shredding, and bailing, supporting the waste hierarchy (Policy 12(a)). Introducing largely indoor operations, dust suppression systems, noise-reducing insulation, and regular pest control minimize environmental impacts (Policy 12(d)(ii)). A 760m buffer from sensitive uses (residential areas) is intended to significantly reduce amenity impacts (Policy 12(d)(i), (iv)). The design of the proposed development (with some operations within a dedicated building) minimises potential impacts on the residential amenity of nearby dwellings, local communities etc. Indoor operations, dust suppression systems (e.g., water sprays), noise-reducing insulation, and regular pest control minimize environmental impacts (Policy 12(d)(ii)). A 760m buffer from sensitive uses (e.g., homes) ensures no adverse amenity impacts (Policy 12(d)(i), (iv)). Measures to reduce any greenhouse gas emissions resulting from the processing and transportation of waste to and from the facility. Solar PV (generating approximately 50,000 kWh/year, 20% of site energy) and electric machinery (reducing CO2 by 10–15% vs. diesel) minimize greenhouse gas emissions (Policy 12(d)(iii)). Given, the proposed development supports the waste hierarchy and includes an adequate buffer zone between the site and sensitive uses. The proposal is considered to concur with Policy 12. Page 34 of 126
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8.6 NPF4 Policy 13 Sustainable transport The development generates minimal transport impacts, as such NLC Roads have not requested a formal Transport Assessment under Policy 13(c): In considering the planning history, the A71 supported up to 150 daily movements during coal mining operations, by contrast this development anticipates the following vehicle movements: Approximately 20–30 daily HGV movements (10–15 deliveries, 10–15 dispatches) based on 24,750 tonnes/year at 20 tonnes/load, plus 10–12 staff car trips for 16 employees (with carsharing encouraged). Visitor/supplier trips are expected to be infrequent. This level of vehicle movement is significantly lower than historical coal mining traffic (~100–150 daily HGV/light vehicle movements), which the A71 accommodated without issue. Vehicle Routes and Types: All movements use the A71, with filter and slip lanes ensuring safe access. Vehicles include HGVs (articulated lorries), vans, and staff cars. The weighbridge, 400m from the A71, prevents highway queuing. Sustainable Transport: Cycling facilities (showers, changing rooms, secure storage) encourage active travel for local staff. Electric vehicle charging points will be considered (Policy 13(a)(i)). Local hiring minimizes commuting distances. Manoeuvring areas within the site (site layout) and a traffic management plan ensure safe operations (Policy 13(b)(vi)). No impact on the Strategic Transport Network is anticipated (Policy 13(g)). In conclusion the relatively low traffic volume, existing infrastructure, and sustainable measures concur with the requirements of Policy 13 and LDP EDQ 3 without a Transport Assessment. 8.7 NPF4 Policy 14: Design, Quality and Place. The Proposed Development complies with NPF4 Policy 14 by contributing to good quality, well- designed places and supporting waste infrastructure. The development has been considered against local landscape character, design, scale, and materials. The minimal land take and careful design minimise environmental impact and preserve the area’s amenity. Although the Proposed Development’s nature limits the scope to add to the six qualities of place, it is not considered incongruous within the surrounding landscape and reduces required infrastructure by using existing features of the former coal mining operation. The proposed development aligns with ensuring minimal disruption and generally maintaining visual and environmental quality. It is considered that the development proposed is acceptable in design with the applicant confirming commitment to a landscape scheme including supportive biodiversity measures. The proposed building is acceptable in scale and design with no significant impact on existing amenity levels. The application therefore meets the requirements of policy 14. 8.8 NPF4 Policy 23: Health and Policy Safety NPF4 NPF4 Policy 23: Health and Safety aim to safeguard against environmental harm and mitigate safety hazards. Given the sites restricted access and the Proposed Development’s limited access solely to authorised personnel, public exposure is minimised. Furthermore, the Proposed Development ensures no negative impact on air quality or disturbance to nearby noise-sensitive areas, demonstrating compliance with Policy 23. The applicant has confirmed that proposed development does not include the use storage or manufacture of hazardous substances. The plant and machinery will be industry standard processing equipment and where possible will be powered by electricity to reduce emissions and noise (Policy 23(d), (e)). Modification of existing Surface water management will be subject to a planning condition requiring details and implementation of a sustainable surface water management system (SUD’s). Indoor operations on an impermeable slab, dust suppression (water sprays), acoustic insulation and pest control prevent nuisance. Page 35 of 126
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Overall, following consultation, it is considered that the development will not give rise to a significant adverse effect on health, air quality or noise. The proposal is therefore considered to support Policy 23. 8.9 NPF4 Policy 29 Rural development While the application site lies within the designated countryside (PP5) set out below the site history and limited success with restoration should be borne in mind in that the impact from previous coal extraction and processing remains significant. The application will bring the site back into beneficial use with a level of biodiverse planting and contributing to employment opportunities for local people albeit the site is in a rural location which is not considered remote. The building which has an agricultural scale and appearance is discussed in design terms under policy 14. The applicant comments that a site selection review, including the LDP employment land audit and GLAPS database, found no suitable alternatives. The site has been selected for several positive attributes listed in the supporting document. Overall if minded to approve the facility will create 16 jobs (e.g., plant operators, technicians, administrative roles), prioritizing unemployed locals via job centre partnerships, with potential for expansion. A search of available sites in the area has been carried out and the site at Damside is the most suitable site. The proposal on balance accords with Policy 26. North Lanarkshire Local Development Plan 8.10 PP 5 POLICY Purpose of Place AD 5 POLICY Amount of Development Whilst the site is not designated as either an existing waste site or business centre, it is reasonable to state that the development will support the delivery of the Zero Waste Plan objectives. However, in doing so, the facility would need to comply with the EU Waste Framework Directive, National Waste Plan, and issues of need and impact. All of which are regulated by the Scottish Environment Protection Agency in that they may require a waste management licence under The Waste Management Licensing (Scotland) Regulations 2011 or The Pollution Prevention and Control (Scotland) Regulations 2012. This would be a matter of compliance for the site operator. The facility will process 24,750 tonnes/year, diverting approximately 85% from landfill, supporting the EU Waste Framework Directive and National Waste Plan. It serves commercial/industrial markets, not the public. 8.11 Environmental and Design Quality Policies The following policies also require to be assessed, • EDQ 1 – Site Appraisal • EDQ 2 – Specific Features for Consideration • EDQ 3 – Quality of Development These three polices look for proposed developments to create a successful place or enhance existing places by integrating successfully into the local area and avoiding harm to neighbouring amenity. To do this a range of criteria is listed within these polices which includes amongst other things aspects of design, massing, materials, topography and aspects to protect the existing urban area and its specific characteristics, assets and attributes. They consider hazardous zones, utilities infrastructure and management areas and look to promote biodiversity and the environment whilst meeting the challenges of the climate change via suitable and safe access for all users. As listed in the above policy analysis, the Proposals are appropriate for the Site due to the scale, nature, and character of the development. The design is simple and utilitarian in design, largely consisting of a profiled steel building and ancillary small buildings and structures, and as such will not have any significant impacts on the setting thereby avoiding harm to neighbouring amenity by relating well to the existing context, and avoiding adverse impact on existing or proposed properties through overlooking, loss of privacy, amenity, overshadowing or disturbance. Page 36 of 126
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The magnitude of visual effects on local residents, path and road users with views of the site within approximately 1.5 km are not considered significant given the intervening distances. It is therefore considered that the landscape and visual impacts are acceptable when balanced against the substantial benefits of the final development. Access to the site would be taken from an access point on the A71. The applicant advises there would be provision for the parking of vehicles within the site. Traffic and Transportation has reviewed the plans with comments outlined in the consultee section above. On balance the application complies with the provisions of development quality policies above. 9. Conclusion 9.1 The proposed waste recovery facility is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies of National Planning Framework 4 and the North Lanarkshire Local Development Plan 2022. The proposal, whilst not supported in principle as a countryside use none the less when measured against the supporting policies of the Development Plan are on balance supported. As such, given the site’s legacy, the development can be accommodated without detriment to the surrounding area. It is therefore recommended that planning permission be approved, subject to conditions. Page 37 of 126
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Application No: 26/00107/MSC Proposed Development: Erection of 75 Dwellinghouses with associated roads and landscaping (relating to 22/00364/S42) Site Address: Cleek Avenue Gartcosh Date Registered: 25th February 2026 Applicant: Bellway Homes Ltd Bothwell House Hamilton Business Park Floor 2, Caird Street Hamilton ML3 0QA Agent: N/A Application Level: Major Application Contrary to Development Plan: No Ward: 06 Gartcosh, Glenboig And Moodiesburn Greg Lennon,Michael McPake,Joanne Katy Keltie, Representations: 20 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed residential development is considered to be in accordance with the relevant policies contained in National Planning Framework 4 and the North Lanarkshire Local Development Plan 2022 and will provide a high quality residential development that will integrate well with the surrounding area. Note to Committee: Should permission be approved then no decision notice should be issued until a S69 Legal Agreement has been concluded securing the required financial contribution for affordable housing equivalent to 3 housing units. Page 38 of 126
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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: 26/00107/MSC Name (of applicant): Bellway Homes Ltd Site Address: Cleek Avenue Gartcosh Development: Erection of 75 dwellinghouses with associated roads and landscaping (relating to 22/00364/S42) Page 39 of 126
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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:- 21-011-120D 21-011-121D 21-011-130D 21-011-131D 26001 - HT1004_PL_01 A 26001 - HT1007_PL_01 A 26001 - HT1007_PL_02 A 26001 - HT1007_PL_03 A 52-168-01 52-168-02 52-168-03 52-168-04 52-168-05c Gar Ph3/SS/400 GAR/PH3 - LOC 1 GHP3/SP/01 Rev M Kinloch 2 Block – PL01 Kinloch 4 Block ELE – PL01 Kinloch 4 Block Plans – PL01 Aberfoyle – PL01 Aberfoyle (OPP) – PL01 Burgess – PL01 Burgess (OPP) – PL01 Erinvale – PL01 Erinvale (OPP) – PL01 Moray - PL01 Moray (OPP) – PL01 Oakmont – PL01 Oakmont (OPP) – PL01 Pinehurst – PL01 Pinehurst (OPP) – PL01 Victoria (OPP) – PL01 Victoria – PL01 Rosedale – PL01 Rosedale (OPP) – PL01 Sherwood – PL01 Sherwood (OPP) – PL01 Sunningdale – PL01 SH FIN-A 01 SH FIN-B 01 Reason: To clarify the drawings on which this approval of permission is founded. 2. That prior to any works starting on site a construction phasing plan and timetable shall be submitted to and approved by the Planning Authority and thereafter updated at regular intervals to be agreed in writing with the Planning Authority. Reason: To ensure adequate monitoring of the site and to identify key trigger points relating to delivery of mitigation measures. 3. That prior to any works starting on site the road connecting Phase 2 to Finart Crescent (approved under application 21/01459/MSC) shall be constructed to sealed final wearing course and opened to traffic to Page 40 of 126
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the satisfaction of the Council. Reason: To ensure that no more than 200 dwellinghouses are served from a single vehicular access in line with planning permission 21/01459/MSC. 4. That unless otherwise agreed in writing by the Planning Authority, the 12 on-site affordable housing shall be provided prior to the occupation of the 53rd unit of market housing. For the avoidance of doubt, this condition relates to on-site provision with the required financial contribution to be secured through a legal agreement. Reason: To ensure the provision of affordable housing on the site. 5. 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. 6. That any unit within an identified phase of development shall not be occupied until written approval of: a) a verification report confirming completion of the works specified within the approved remediation strategy for that phase of development; or b) if remediation works are not required but soils are to be imported to site, a verification report confirming imported soils are suitable for use on the site shall be submitted to the planning authority and approved in writing. Reason: to demonstrate that the works necessary to make the site suitable for use have been completed. 7. That the SUDS compliant surface water drainage scheme approved in terms of condition 7 of permission 22/00364/S42 shall be implemented contemporaneously with the development as 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 confirming that the SUDS have been constructed in accordance with the requirements of the relevant CIRIA Manual and the Site Investigation and Remediation Strategy approved in terms of condition 6 of permission 22/00364/S42. 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. 8. That prior to commencement, a detailed 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, 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) details of trees to be retained, and measures for their protection in the course of development (d) details of wildflower species and grass varieties (e) 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 ensure the provision of suitable planting in the interests of the amenity and biodiversity of the site. 9. That all works included in the scheme of landscaping and planting, approved under the terms of Condition 8 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 provision and maintenance of suitable planting in the interests of the amenity and biodiversity of the site. 10. That before the development hereby permitted starts, a management and maintenance scheme shall Page 41 of 126
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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 communal grassed, planted and landscaped areas; (b) any communal fences (including acoustic fences) and walls; (c) play provision within the site, and (d) all paths within open space areas. Reason: To ensure the maintenance of the development in the interest of residential amenity and biodiversity. 11. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of Condition 10 shall be in operation. Reason: To ensure there is an adequate maintenance scheme in place in the interest of residential amenity and biodiversity. 12. The development will be completed in accordance with the acoustic mitigation measures outlined in Gartcosh Phase 3 Noise Impact Assessment by Envirocentre unless otherwise approved by the Planning Authority. For the avoidance of doubt, this will include all glazing and ventilation requirements, the installation of acoustic barriers and the completion of all other acoustic mitigation measures outlined within the approved noise impact assessment. Reason: To ensure that appropriate noise mitigation is in place in the interests of residential amenity. 13. No dwellinghouse will be occupied until the completion of the appropriate noise mitigation measures related to that individual dwelling have been implemented and validated by a suitably qualified acoustician. Any noise mitigation measures required will be installed to the satisfaction of the Planning Authority. Reason: To ensure that appropriate noise mitigation is in place in the interests of residential amenity. 14. That prior to any works commencing on site a suitably qualified Ecological Clerk of Works shall be appointed and written confirmation of these details shall be provided to the Planning Authority. Reason: To oversee construction works and help protect species, flora and fauna within the site by securing best practice and ensuring the mitigation measures identified in the Ecological Assessments, Habitat Management Plan, Biodiversity Enhancement Plan, Species Protection Plan and any required NatureScot licenses are adhered to in the interest of nature conservation. 15. That prior to works starting on site the Johnston Road, Gartcosh – Phase 3 Updated Ecological Assessment shall be updated. to determine the presence of any statutorily protected species, the said surveys shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. Reason: In the interests of Nature Conservation 16. Should any further mitigation measures be required for any protected species identified as a result of condition 15, an updated Habitat and Species Management Plan in consultation with NatureScot shall be submitted for the written approval of the Planning Authority. Thereafter mitigation shall be implemented in accordance with the approved Habitat and Species Management Plan before works commence on the site. Reason: In the interests of Nature Conservation 17. That all mitigation measures identified within the Gartcosh Phase 3 Biodiversity Enhancement Plan by Envirocentre, including any updates required as a result of Condition 15 above, shall be implemented contemporaneously with the development and written confirmation of their delivery by a Chartered Ecologist shall be provided to the Planning Authority. Reason: In the interests of nature conservation 18. That all works identified as actions in the Habitat Management Plan by Envirocentre, including any updates required as a result of Condition 15 above, shall be implemented and written confirmation of its delivery by a Chartered Ecologist shall be provided to the Planning Authority. Page 42 of 126
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Reason: In the interests of nature conservation 19. That unless otherwise agreed in writing before any works commence on site a Scheme of Street Lighting for the site shall be submitted for the written approval of the Planning Authority. For the avoidance of doubt this shall take cognisance of the Preliminary Ecological Appraisal, Biodiversity Enhancement and Habitat Management Plans by Envirocentre. Reason: In the interests of Nature Conservation and Residential Amenity. 20. That before the development hereby permitted starts, a detailed scheme for the provision of the 1,110 sqm of equipped play area within the application site 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, and (d) details of the phasing of these works. The proposed play provision should be sympathetic to the site, support the proposed biodiversity plan and may include natural elements and materials, ground modelling and features that encourage non structured free play. Reason: To accord with planning permission 22/00364/S42 and ensure adequate provision of play facilities within the site. 21. That prior to the occupation of the 53rd unit of market housing within the development hereby permitted, all works required for, and included in the scheme approved under the terms of Condition 20 above, shall be completed to the satisfaction of the Council, including all footpath connections to the play area through open space areas. Reason: To ensure adequate provision of play facilities within the site. 22. That before works start on site full details of the proposed surfacing for the informal path network within the open space shall be submitted for the written approval of the Planning Authority. Reason: To consider this matter in detail. 23. The development hereby approved shall incorporate appropriate, universal, and future proofed digital infrastructure that minimises visual impact through careful siting, design, height, materials and landscaping. Reason: To support local living and ensure compliance with Policy 24 of NPF4 24. That the approved Construction Environmental Management Plan shall be fully complied with during the construction phase unless otherwise agreed in writing with the Planning Authority in advance. Reason: To ensure the environmental protection measures incorporated within the Construction Environmental Plan are implemented. Page 43 of 126
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Background Papers: Consultation Responses: NLC Environmental Health (Pollution Control) 13.03.2026 Scottish Gas Network (SGN) 27.02.2026 and 27.04.2026 NLC Infrastructure & Transportation 23.03.2026 and 18.05.2026 NLC Affordable Housing 02.03.2026 NLC Education 12.03.2026 NLC Assistant Community Partnership Manager (Play) 23.03.2026 and 02.06.2026 Contact Information: Any person wishing to inspect these documents should contact Susan Hunt at 01236 632500 Report Date: 5 June 2026 Page 44 of 126
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APPLICATION NO. 26/00107/MSC REPORT 1. Site Description 1.1 The application site lies within the Gartcosh and Glenboig Community Growth Area immediately east of Lochend Road and has an area of 3.11 hectares. The site is bound to the north by a Garden Centre, to the east by Lochend Road, to the south by existing housing on Inchnock Avenue and to the west by housing comprising Phase 2 of the residential development granted under 21/01459/MSC which is under construction but largely complete. The land consists of vacant open grassland with groups of trees and individual trees around the periphery. The topography is undulating but generally falls from a high point on the northern boundary (93 AOD) to a low point on the southern boundary (80 AOD). 1.2 Vehicular access to the adjacent Phase 2 residential development (granted under 21/01459/MSC) named Cleek Avenue runs east to west through the site from Lochend Road and would serve the 75 additional units. Internally the site is laid out in a series of loops and is consistent with the principles of Designing Streets. 1.3 An underground High Pressure Gas Transmission Pipeline runs east to west across the site, to the south of the access road (Cleek Avenue). 1.4 The proposed open space is located to the south of the application site and shall include play provision. 1.5 Structural tree planning is proposed along the boundaries of the site with mixed native landscaping throughout the site. 1.6 The application site includes an existing SuDs pond to the east of the main site area at the end of Jigger Grove. adjacent to the Phase 2 residential development. It is in situ as it serves the adjacent Phase 2 residential development and has capacity to accommodate a further 75 units. 2. Proposed Development 2.1 This is a Matters Specified by Condition application for 75 dwellinghouses forming part of the wider Gartcosh, Glenboig Community Growth Area, at land north of Johnston Road, Gartcosh. 2.2 This application relates to part of a wider site that was granted Planning Permission in Principle 13/01958/PPP on 18 August 2016. This PPP permission was subsequently replaced by 22/00364/S42 which was granted in December 2025 following appeal to the DPEA. 22/00364/S42 was refused at Planning Committee as the application site was included as a housing site which was contrary to the masterplan for the wider area where it was designated as a no build zone. However, the DPEA did not support this decision and granted the appeal allowing housing development to be brought forward for this site. 2.3 Cleek Avenue runs east to west through the site providing vehicular access to Phase 2 of the development which is nearing completion. The proposal comprises 75 dwellinghouses located largely to the north of Cleek Avenue and an area of landscaped open space and play provision to the south of Cleek Avenue. 2.4 This application seeks permission for 75 residential units comprising a mix of 63 (3, 4 and 5 bedroom) houses together with 12 affordable housing units comprising a mix of 1 bed cottage flats and 3 bedroom terraced houses. The affordable housing units lie to the north of Cleek Avenue largely adjacent to the site’s south eastern boundary. 2.5 All houses share the same materials palette with a mix of stonework, render, grey and terracotta roof tiles. 3. Applicant’s Supporting Information • Site Investigation Report • Air Quality Assessment • Noise Assessment • Detailed Landscaping Proposals • Ecological Appraisal Page 45 of 126
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• Habitat Management Plan • Biodiversity Enhancement Plan • Arboricultural Impact Assessment • Construction Environmental Management Plan • Planning Statement 4. Site History • 13/01958/PPP Residential Development of up to 450 Units, Access and Associated Works granted 18 August 2016. • 16/02234/MSC Erection of 155 no. Dwellinghouses and Associated Works (Phase 1) granted 23 June 2017. • 21/01459/MSC Erection of 105 homes with access road, formation of junction and associated works (Phase 2) granted 22 June 2022. • 21/01460/MSC Erection of 75 Homes with Associated Works (Phase 3) refused 03 February 2023. Dismissed on appeal, 12 September 2023. • 21/01461/S42 Section 42 application for variation of Conditions 3(d), 3(f) attached to planning permission in principle 13/01958/PPP regarding residential development of up to 450 units, access and associated works granted 03 March 2022. • 22/00364/S42 Section 42 application for variation of Condition 16 'No Build Areas' attached to planning permission in principle 13/01958/PPP regarding residential development of up to 450 units, access and associated works granted at appeal on 12 December 2025. • 23/00587/AMD Amendment to 21/01459/MSC by introducing 2 new house types (Aberfoyle and Sherwood) to replace the Lomond (with detached garage) house type (7 plots total), substitution of house types and additional 2 units totalling 107 units granted 27 July 2023. • 23/01327/EIASCO Scoping Opinion - Planning Application - 22/00364/S42 - Section 42 Application for Variation of Condition 16 'No Build Areas' Attached to Planning Permission in Principle 13/01958/PPP Regarding Residential Development of Up to 450 Units, Access and Associated Works 5. Development Plan 5.1 The Development Plan consists of National Planning Framework 4 (NPF4) and the North Lanarkshire Local Development Plan 2022 (LDP). NPF4 was adopted by the Scottish Government in February 2023 and prevails over any policies in the Local Development Plan that are incompatible with its aims and objectives. The policies relevant to the application are: National Planning Framework 4 (NPF4) Policy 1 Tackling the climate and nature crisis Policy 2 Climate mitigation and adaptation Policy 3 Biodiversity Policy 5 Soils Policy 6 Forestry, Woodland and Trees Policy 12 Zero Waste Policy 13 Sustainable Transport Policy 14 Design, Quality and Place Policy 15 Local Living and 20 minute Neighbourhoods Policy 16 Quality Homes Policy 18 Infrastructure First Policy 20 Blue and Green Infrastructure Policy 21 Play, Recreation and Sport Policy 22 Flood Risk and Water Management Policy 23 Health and Safety Policy 24 Digital Infrastructure North Lanarkshire Local Development Plan (2022) (LDP) PP3 - Purpose of Place (General Urban Area) AD3 - Amount of Development CI - Contributions to Infrastructure PROT A - Natural and Green Network Assets EDQ1 – Site Appraisal EDQ2 – Specific Features for Consideration Page 46 of 126
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EDQ3 – Quality of Development Other Guidance Designing Streets: A Policy Statement for Scotland, Scottish Government 2010 NLC Supplementary Guidance Education Contributions 27 Feb 2025 NLC Minimum Space Standards: Play Provision and Active Open Space NLC Active Travel Strategy 2021-2031 NLC Space Around Dwellings NLC Parking Standards Gartcosh Glenboig Community Growth Area Strategic Development Framework Gartcosh Local Place Plan 2025 6. Consultations 6.1 NLC Infrastructure and Transportation has raised no objection to the application, advising that any minor remaining details that require to be resolved relating to the internal layout can be addressed at Road Construction Consent stage. They also advised that before Phase 3 begins the secondary access linking Phases 1 and 2 at Finart Crescent allowing access to Johnston Road roundabout approved under 21/01459/MSC will require to be completed. This can be controlled by condition. 6.2 NLC Environmental Health (Pollution Control) has reviewed the Noise Impact Assessment, Air Quality Assessment and Site Investigation and Remediation Strategy and has raised no objection to the application. 6.3 NLC New Supply (Affordable Housing) has advised that an Affordable Housing Agreement was put in place for this site on 17/01/2022. This stipulated the provision of 12 social rented units on-site for North Lanarkshire Council along with a commuted sum payment equating to 6 units This arrangement was agreed before the North Lanarkshire Local Development Plan (LDP) was adopted and the affordable housing requirement reduced. The current adopted LDP requires 20% affordable housing provision in the Cumbernauld Sub Housing Market Area and NLC New Supply team are in discussions with the Applicant to agree the delivery of the affordable housing required. As a result the commuted sum is to be reduced to reflect the equivalent of 3 units and an updated valuation has been requested from the District Valuer Service (DVS) to ensure this sum meets current values. In terms of on site provision the same number of affordable housing units of 12 will still be required and it is only the number of units for the commuted sum that requires to be reduced. 6.4 NLC Education advises that the proposed development is located within the catchment areas of Gartcosh Primary School and St Barbara’s Primary School and that these pupils ordinarily transfer to Chryston High School and Our Lady’s High School in Cumbernauld for their secondary education. The Service is currently experiencing capacity pressures across both primary and secondary sectors in this area arising directly from the cumulative impact of known and planned residential development locally. Education has therefore requested a financial contribution of £646,352.72 in relation to the application. This financial contribution can be delivered through the S75 Legal Agreement, that was updated, as a result of the approval of the planning appeal by the DPEA for the development of the site through application 22/00364/S42. 6.5 NLC Play has advised that in order to comply with condition 3(j) of 13/01958/PPP (replaced by condition 5 (h) of 22/00364/S42) an equipped play area extending to 1,110 sqm is required to be provided within the site. The proposed play provision should be sympathetic to the site and aid with the proposed biodiversity plan and may include natural elements and materials, ground modelling and features that encourage non structured free play. This can be controlled by planning condition. 6.6 Scottish Gas Network (SGN) initially raised an objection in relation to the High Pressure Gas Transmission Pipeline. This objection was subsequently withdrawn following discussion between SGN and the developer. SGN are satisfied the plans will not adversely affect the High Pressure pipeline. 6.7 PHADI – Do not advise against the proposed development. 7. Representations 7.1 Following standard neighbour notification and newspaper advertisement 20 letters of objection were received. The main points raised can be summarised as follows: 7.2 Neighbour Notification and Public Consultation: Page 47 of 126
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• The short notice provided to residents raises concerns about whether there has been sufficient opportunity for meaningful community engagement in line with the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013. • Most residents only received notification of the application one week ago. This raises serious concerns about whether the correct consultation period has been followed. My understanding is that a 12 week notice period is required. Response: This application was subject to standard neighbour notification and press advert requirements. As this is a Matters Specified by Condition application there is no need for Pre- Application Consultation prior to submission. 7.3 Safety concerns with the Gas Pipeline Response: A high pressure gas pipeline (Provan/Glenmavis) runs east to west across the site and continues through earlier housing Phases (1 and 2). The required buffer distance for built development has been achieved, in line with that approved for Phases 1 and 2. Scottish Gas Networks initially objected to the application but subsequently withdrew their objection due to sufficient clarification being provided. 7.4 Flood Risk and Drainage Concerns: • There are significant concerns regarding flood risk, particularly given the presence of natural watercourses and existing drainage pressures: − Surface water management − Increased run-off due to loss of permeable land − Adequacy of drainage infrastructure • Drainage and Flood Risk – approval would conflict with Flood Risk Management (Scotland) Act 2009 and Water Environment (Controlled Activities) (Scotland) Regulations 2011. There is no evidence that additional development can be accommodated without increasing flood risk. • Ongoing Drainage Problems – Water from the site is known to flow into nearby roads, footpaths and properties, year-round creating hazardous icy conditions in winter. These issues have been repeatedly raised but not properly resolved. The recent drain clearing before this application suggests a reactive approach rather than a long-term fix. Adding 75 more homes will increase pressure on an already failing drainage system and risks making these problems worse. Response: The Flood Risk Assessment undertaken in support of the 2013 Planning Permission in Principle 13/01958/PPP, as updated for application 22/00346/S42 demonstrated that there is no risk of flooding to the site or to neighbouring properties. A SuDS scheme which accords with the relevant guidance has been designed to deal with surface water run-off. The proposed development is therefore considered to be acceptable in this respect. 7.5 Vehicular Access, Road Safety Issues and Increased Traffic: • No Transport Assessment has been submitted. • Access to the estate is already difficult at peak times. An additional 75 homes would mean increasing congestion and safety risks, for both drivers and pedestrians & children. • The current road network cannot safely support this increase. At a minimum, traffic measures such as a roundabout or traffic lights should be considered at the entrance near Johnston Road. • Local roads are currently operating at or near capacity, and the addition of 75 further homes will inevitably increase traffic congestion, reduce road safety, and place additional pressure on parking and transport networks. • Lack of sufficient access and transport mitigation measures Response: Access to the site via a priority junction from Lochend Road was established through applications 21/01461/S42 and 21/01459/MSC. NLC Infrastructure and Transportation did not request a Transport Assessment for the proposed development. Planning Permission in Principle approved through Application Ref. 22/00364/S42 found that 450 dwellinghouses could be developed across this site and stipulated a series of off-site road improvements which are dealt with on a phased basis and a financial contribution per unit will be secured via the S75 legal agreement that is already in place. NLC Transportation and Infrastructure raised no concerns in relation to the capacity of the wider road network. A condition is attached to ensure that the road approved between Phase 2 and Finart Crescent (Phase 1) is completed prior to works starting on site. 7.6 ‘No Build Zone’ and refusal of previous Planning Application: • The site was previously refused due to concerns around coalescence and loss of green space. • The current layout still extends development toward Lochend Road, with open space pushed into Page 48 of 126
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one area rather than acting as a meaningful buffer. This does not maintain separation between communities. It reduces it. • The proposal does not properly address the original concerns. • Loss of Strategic Green Space and Settlement Separation – the development erodes the separation between Gartcosh and Mount Ellen, conflicting with Local Development Plan Policy PP3 (Purpose of Place). • Object to the development of housing on land identified as green belt and previously considered a ‘no build zone’. Approval of this application would set a concerning precedent and undermine the purpose of such land use designations. Response: On appeal, application 22/00364/S42 established the principle of residential development on this former no build site. The buffer along the east of Lochend Road is considered to be acceptable and it is not considered that the development will create visual coalescence between Gartcosh and Mount Ellen. This site does not fall within the Green Belt and the principle of residential development has been established. 7.7 It conflicts with the Gartcosh Local Place Plan (2025) (LPP): • Page 6 of the LPP explicitly states the community requirement to ‘uphold the break in coalescence with other communities, thus preserving our identity’. Response: On appeal, application 22/00364/S42 established the principle of residential development on this site. The DPEA reporter when considering the information on landscape and visual impact determined that the development of this site would not represent coalescence but did recommend that two plots be removed. Whilst the two plots have not been removed from the scheme their positioning has been materially altered and they have been moved into the site and are further back from Lochend Road. On this basis the proposed layout is considered acceptable. Given the Reporter’s decision and the proposed site layout it is not considered that the LPP justifies refusal of the application. 7.8 Inadequate Infrastructure and Overdevelopment: • The proposed development represents a clear case of overdevelopment in an area where infrastructure is already under significant strain. • There is no clear evidence that existing utilities, drainage systems and public services have the capacity to accommodate this expansion. • The addition of a significant number of new homes will place further strains on Local Schools and Services including: − Primary and Secondary School availability − GP and healthcare services − Local amenities and community infrastructure • There is no retail provision Response: • In terms of education provision and road infrastructure, financial contributions can be secured by the 75 legal agreement already in place. A commuted sum in relation to affordable housing for the 3 housing units that will not be formed on site however will be required and the applicant has agreed to enter into a Section 69 legal agreement to deliver this; • The applicant has demonstrated drainage infrastructure for surface and foul water can be constructed to serve the site; • No requirement for healthcare provision was attached to the Planning Permission in Principle for this site and an indicative retail area and area for community facilities have been set aside within the wider Gartcosh Glenboig Community Growth Area to the north of Skipness Drive, Gartcosh. It would be possible for a medical or dental practice to locate within the retail area but that would be subject to the NHS identifying a need and market forces delivering this. In terms of retail provision planning application 26/00093/FUL for 5 retail units is currently under consideration on land north of Skipness Drive; • In terms of overdevelopment this application does not represent any increase in the unit numbers granted via planning permission 22/00364/S42. Whilst it has located these units on a part of the site which was previously to be a no build zone, application 22/00363/S42 demonstrated that the housing could be accommodated on this site in terms of utilities drainage and the overall number of housing units approved remains well below 450. Including this proposal it would result in 337 houses being built. Internally, the proposed layout does not represent overdevelopment as adequate open space, landscaping buffer and garden ground is proposed. 7.9 Loss of Green Space and Impact on Biodiversity • The proposed site includes natural greenspace that supports local wildlife and contributes Page 49 of 126
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significantly to the character of the area. • The site represents one of the last remaining areas of open space in Gartcosh. Its loss would reduce residential amenity, remove a valuable green buffer, and negatively impact wellbeing and the character of the area. This conflicts with NPF4 policies on place quality and open space protection. • This development would result in loss of, destruction of habitats for wildlife (including deer, hedgehogs, birds of prey, and other species) and irreversible harm to biodiversity. • The site functions as an important green corridor supporting local wildlife. Development would result in permanent habitat loss and reduced biodiversity conflicting with Nature Conservation (Scotland) Act 2004 and NPF4 policies on biodiversity and nature networks. • The lower green space shown on the site plan is not a functional replacement for a wild ecosystem and cannot be considered a ‘significant enhancement’. Response: On appeal application 22/00364/S42 established the principle of residential development on this site. The area of open space to the south of the site will be landscaped and provide an informal path network. In determining the 22/00364/S42 appeal the reporter found that the linear Green Network through the wider site would be maintained. In terms of Biodiversity the 22/00364/S42 application was supported by an updated Environmental Impact Assessment which found that the development could be accommodated on site with appropriate mitigation measures and would not be likely to have significant effects on habitats, mammals, amphibians or protected species interests. The mitigation measures are appropriate and shall ensure effects are minimised as far as possible. This application is supported by an appropriate Biodiversity Enhancement Plan, Habitat Management Plan and Construction Environmental Management Plan. 7.10 Climate and Sustainability Concerns: • The proposal appears to conflict with national planning priorities around climate change and sustainable development. Concerns include: − Increased carbon emissions from additional traffic − Loss of carbon-absorbing green land − Insufficient environmental mitigation Response: It is considered that the site is in a sustainable location as it is located within the Community Growth Area which forms part of the LDP’s spatial strategy and is considered to accord with policies 1 and 2 of NPF4. This is discussed in the assessment below. 7.11 Issues within neighbouring Phases 1 and 2 and the condition of the adjacent disused Golf Course Site: • The disused golf course included within or adjacent to the development site contains small streams and is currently impacted by debris left from earlier construction phases (phases 1 and 2). • Poor site management and environmental responsibility • Pollution risks to local watercourses • Lack of remediation in previous phases before further development • It is unreasonable to permit further development without first addressing the environmental condition of land already affected by previous phases. • Existing pathways are uneven, poorly maintained and inaccessible for wheelchair and pushchair users, often becoming unsafe in adverse weather. Response: The site management during construction of previous phases is not a material planning consideration when assessing this application. Phase 2 is not yet completed and concerns should be raised with the developer or where there are matters that breach planning conditions should be raised with the Council’s Enforcement Officer. However, the concerns are noted and a condition is attached requiring the developer to adhere to a Construction Environmental Management Plan. 7.12 Conflict with Planning Policy and Legal Framework: • The Planning etc (Scotland) Act 2006 which requires proper consideration of development impacts national and local development plans which prioritise sustainable growth and infrastructure alignment. The principle that developments must not proceed where infrastructure or environmental constraints are unresolved. • Planning authorities may impose conditions requiring infrastructure improvements before development begins however, in this case the scale of unresolved issues suggest the proposal is premature. • This application must not be considered in isolation. The cumulative impact of Phases 1, 2 and the proposed phase 3 must be assessed in full. The continued expansion without adequate Page 50 of 126
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infrastructure upgrades demonstrates a pattern of unsustainable development that is detrimental to the area. • Although a previous application was allowed on appeal, there is no evidence that the underlying constraints of the site have been resolved. Ongoing issues within Phases 1 and 2 demonstrate that the site remains unsuitable for further development. Existing unresolved issues remain highly material. Response: As discussed above the principle of residential development on this site has been established via planning application 22/00364/S42 which is subject to conditions. The s.42 application considered the entirety of the site previously granted under 13/01958/PPP and therefore considered Phases 1, 2 and 3 cumulatively both under the planning application assessment process and that of Environmental Impact Assessment. As discussed in the body of the report it is considered that the applicant has demonstrated that adequate infrastructure can be put in place to support the development and that it can comply with national and local planning policy. 7.13 The proposal is inconsistent with North Lanarkshire Council’s Environmental Strategy. Response: Noted. The proposed development’s impact on the environment has been fully considered in the assessment below. 7.14 The proposal does not represent sustainable development and fails to meet key requirements of Scottish Planning Policy. Response: The site forms part of the Gartcosh Glenboig Community Growth Area which was subject to extensive site selection criteria demonstrating that it is a suitable and sustainable site. As discussed in the body of the report above it is considered that the proposed development can meet the requirements of the development plan, including that of National Planning Framework 4 which replaces the former Scottish Planning Policy. 7.15 It is unclear whether alternative brownfield or previously developed sites have been fully considered, contrary to NPF4 Policy 9 (Brownfield, Vacant and Derelict Land). Response: The site benefits from Planning Permission Principle (22/00364/S42) and as such no other sites require to be considered. In determining 22/00364/S42 the reporter found that the application site is not a ‘greenfield site’ as defined by NPF4 Policy 9. The site is identified in the LDP as being within the General Urban Area and within the Gartcosh Glenboig Community Growth Area. 7.16 Economic benefits cited are not sufficient to outweigh the harm identified and do not align with planning policy priorities. Response: As discussed in the body of the report it is considered that the proposed development accords with planning policy priorities. Economic benefits were also taken into account but were not the determining factor in this application as it is considered that the proposal accords with planning policy. 7.17 Construction Activity and Disruption: • Residents of Gartcosh have already endured years of disruption from construction in this location including persistent noise, dust/dirt pollution and frequent movement of heavy construction vehicles through the area. This has had a sustained negative effect on the living conditions of the residents in the area with the proposed development extending this disruption for several more years. Response: It is acknowledged that construction activities to deliver the Gartcosh Glenboig Community Growth Area have been ongoing for some time. Disruption is to be anticipated whilst any construction is underway. However, these concerns are noted and a condition is attached requiring the developer to provide a Construction Environmental Management Plan to minimise this whilst the site is being constructed. Separate environmental legislation is also in place to control construction hours and noise. 7.18 Impact on residential amenity: • The proposed development is likely to lead to increased noise, reduced privacy and general disturbance for neighbouring properties. These impacts have not been adequately addressed within the application. Response: As discussed above noise and general disturbance are anticipated during the construction Page 51 of 126
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period and a planning condition is attached requiring the developer to provide a Construction Environmental Management Plan to minimise this whilst the site is being constructed. In terms of residential amenity once the dwellinghouses are occupied it is not anticipated that there will be any adverse noise impacts, privacy issues or disturbance. 7.19 Dust: • The Site Investigation confirms ‘contaminated ash materials’ near Trial pits 14 & 16. Given prevailing winds, there is a high risk of contaminated dust entering existing gardens. Real-time air quality monitoring should be a condition of any earthworks. Response: The site investigation and remediation strategy are considered to be satisfactory in terms of their content and mitigation measures required. NLC Environmental Health (Pollution Control) were consulted and raised no concerns in relation contaminated dust. A Construction Environmental Management Plan requires to be adhered to and dust from the site during construction requires to be minimised. 8. Planning Assessment 8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. The Development Plan consists of National Planning Framework (NPF4) and the North Lanarkshire Local Development Plan (LDP). NPF4 was adopted by the Scottish Government in February 2023 and prevails over any policies in the Local Development Plan that are incompatible with its aims and objectives. With regard to decision making, development that accords with the Development Plan should be approved unless the adverse effects of doing so would significantly and demonstrably outweigh any benefits that the development could expect to deliver. Background 8.2 The Gartcosh Glenboig Community Growth Area concept statement of April 2010 and the South Cumbernauld Community Growth Area Strategic Development Framework, June 2016 set out the Council’s guiding principles for development across the Community Growth Area. 8.3 The land to which the proposal relates lies within the Gartcosh Glenboig Community Growth Area (CGA) in the North Lanarkshire’s Local Development Plan (LDP) 2022. There is not a masterplan or planning permission in principle approval which covers the entirety of the CGA. Individual sites within the CGA have been brought forward on their own merit. 8.4 The application site relates to Planning Permission in Principle 13/00698/PPP covering sites to the north and south of Johnstone Road to deliver 450 dwellinghouses. Planning Permission in Principle was granted in August 2016 and subsequently replaced by 22/00364/S42 on appeal in December 2025 which allowed for residential development to take place on an area of the site which had been designated as a ‘no build zone’ in the Gartcosh:Glenboig Strategic Development Framework and shown as an area of open space on the concept masterplan that supported 13/00698/PPP. EIA Screening 8.5 In terms of Environmental Impact Assessment the application forms part of a wider site which was subject to EIA. The EIA report dated 2013 and the EIA report dated December 2025 together with additional information and species protection plans informed the decision taken on the Planning Permission in Principle application 22/00364/S42. As this application is a Matters Specified by Conditions application it must accord with the conditions applied to 22/00364/S42 which have been applied having taken the EIA into account. An Environmental Statement is therefore not required to support this application. Community Consultation (PAC Report) 8.6 This application is a Matters Specified by Conditions application and therefore pre-application and pre- application consultation prior to submission the application is not required in terms of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2021. National Planning Framework 4 8.7 NPF4 polices 1 (Tackling the climate and nature crisis) & 2 (Climate Mitigation and adaptation) are Page 52 of 126
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over arching policies which seek to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis through encouraging, promoting and facilitating development that minimises emissions and adapts to the current and future impacts of climate change. The Gartcosh Glenboig Community Growth Area has been through a careful and thorough site selection process which, whilst pre-dating NPF4, sought to achieve these outcomes. In determining the s.42 appeal the DPEA reporter concluded that development of this area of the site would comply with NPF4 policies 1 and 2. 8.8 The proposed homes will be well insulated and energy-efficient. Air source heat pumps and solar PV are proposed which will minimise operational carbon emissions through low carbon technologies. The material selection will be made with the aim of reducing Whole Life Carbon Emissions as far as possible. Local suppliers will also be used where possible in order to minimise emissions during construction. Overall, it is considered that the proposal is in accordance with the main principles of NPF Policy 1 and 2. 8.9 In looking at NPF4 Policy 3 (Biodiversity) the site currently consists of neutral grassland split by an access road, with unmanaged grassland to the north and areas of bare ground from earthworks to the south. 22/00364/S42 required to be supported by an updated Environmental Impact Assessment including a Preliminary Ecological Appraisal which was found to be acceptable and required a Species Protection Plan, Habitat Management Plan and Habitat Protection and Enhancement Measures be secured via conditions 15, 16 and 17 of 22/00364/S42. The submitted Habitat Management Plan and Biodiversity Plan focus on maintaining and enhancing the site’s ecological connectivity and physical habitats. Existing broadleaf trees and small woodland areas on the boundaries will be retained. The proposal will create five ‘mini meadows’ and one larger meadow alongside the creation of native hedgerow wildlife corridors. A wet meadow will be established along the northern boundary. The application is supported by an Arboricultural report which identifies 12 diseased trees to be removed and specifies a 2:1 replanting ratio. A condition shall be attached to secure the landscaping scheme and biodiversity enhancement measures are implemented. As such it is considered that the proposal complies with NPF4 3. 8.10 NPF4 Policy 5 seeks to protect carbon-rich soils and prime agricultural land. Carbon-rich soils are not present within the application site and the soil is considered sub-prime in terms of agriculture. It is therefore considered that the proposal complies with NPF Policy 5 – Soils. 8.11 NPF4 Policy 6 seeks to avoid adverse impacts on native woodlands, hedgerows and individual trees of high biodiversity value. Condition 19 of the 22/00364/S42 permission requires that no trees to be lopped, topped or felled without prior written approval. The Arboricultural Impact Assessment identifies 12 trees to be removed due to poor condition, disease or hazard concerns. These will be replaced on a 2:1 ratio with a total of 151 new trees proposed along with hedgerow corridors. It is considered that the proposal accords with Policy 6 and satisfies Condition 19 of 22/00364/S42. 8.12 NPF4 Policy 12 Zero Waste seeks to reduce, reuse or recycle materials in line with the waste hierarchy. The applicant is committed to comprehensive waste recycling policy and seeks to include, local materials sourced where possible, waste generation separated at source, seeks to follow the waste hierarchy, contactors required to submit water management plans and an efficient strategy to provide easy access for bin collection. Upon completion the development would require to meet Council standards in terms of household waste. 8.13 Policy 13 Sustainable Transport seeks to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. The proposed layout includes pedestrian footways which will connect to the wider network as well as into the proposed open space. The internal residential streets will have low levels of traffic suitable for cyclists from age 12. The site is within walking distance of local amenities including Gartcosh Primary School and bus network providing transport to Gartcosh train station. 8.14 Policy 14 (Design, Quality and Place) This policy intends to improve the quality of design within development proposals regardless of location and indicates that development proposals will be supported where they are consistent with the 6 qualities of successful places (healthy, pleasant, connected, distinctive, sustainable and adaptable). The principles of this policy are enshrined, and expanded upon, within the Environmental Design Policies EDQ1-3 of the North Lanarkshire Local Development Plan and are discussed in more detail below. It is considered that the proposal, whilst comprising standard Bellway house types, works with the topography of the site, offers a high quality layout and design, provides connectivity and integrates well with the surrounding area which meets the six qualities of successful places and therefore accords with this policy. Page 53 of 126
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8.15 Policy 15 (Local Living and 20 Minute Neighbourhoods) This policy intends to encourage, promote and facilitate the application of the Place Principle and create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport options. Being within an urban area the site is well served by road, bus and footpath links. The site selection process for the Community Growth Area took these principles into account and the DPEA reporter noted that the proposal is supported by policy 15. It is therefore considered that this application accords with the principles of policy 15. 8.16 Policy 16 (Quality Homes) seeks to encourage, promote and facilitate the delivery of high quality, affordable and sustainable homes, in the right locations, providing choice across tenures that meet the diverse needs of people and communities. The site falls within the Gartcosh Glenboig Community Growth Area within the North Lanarkshire Local Development Plan and has Planning Permission in Principle in place (altered by S42 application). The application is accompanied by a Statement of Community Benefit, the proposal meets the affordable housing requirement and provides a range of house types across the site. The proposal therefore accords with the requirements of Policy 16. 8.17 NPF4 Policy 18 Infrastructure First supports developments that provide (or contribute to) infrastructure in line with that identified in LDPs and their delivery programmes. The site is located within the Gartcosh:Glenboig Community Growth Area and as such agreed education and off-site road improvements are applied and can be controlled by an existing s75 Legal Agreement. However in terms of affordable housing it is recognised that a S69 Legal Agreement will be required to secure the financial contribution for the equivalent of 3 units and this has been agreed with the developer. 12 on site affordable homes will be constructed on site. 8.18 NPF4 Policy 20 Blue and Green Infrastructure seeks to protect and enhance blue and green infrastructure and their networks. The wider PPP site is included in the LDP protect Map where there is a general designation relating to the Seven Lochs Wetland Park project. In terms of blue infrastructure the application site includes a SUDs pond in the north east of the site. In terms of green infrastructure the site is not identified as being part of a green network , nor as a green network improvement opportunity. However, the proposed open space will be landscaped and include tree planting, hedgerows which will support the attenuation of surface water. This links with the wider green corridor in Phase 1 and 2 sites and meets the terms of the Strategic Development Framework in this regard. Furthermore, tall vegetation corridors and marshy grassland along the northern and eastern boundaries will be maintained in order to protect water vole habitats. 8.19 NPF4 Policy 21 Play, Recreation and Sport looks to encourage, promote and facilitate spaces and opportunities for play, recreation and sport. The proposed development provides a considerable area of open space within the southern area of the site. The balance of equipped play provision required by Condition 5 of 22/00364/S42 (which reflects condition 13 of the original 13/01958/PPP) is 1,110 sqm. It is considered that the full details of play equipment or natural play can be conditioned and is acceptable in terms of the requirements of this policy. 8.20 NPF 4 Policy 22 Flood Risk and Water Management seeks to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. Applications 13/01958/PPP and 22/00364/S42 were supported by Flood Risk Assessment. The SUDS pond has already been constructed to serve phase 2 and has the capacity to accommodate the additional 75 dwellinghouses in this application, ensuring that surface water run- off can be sustainably managed in a 1:200 year high-rainfall event (accounting for climate change without risk of flooding). The information submitted to date addresses conditions 8, 11 and 12 in relation to flooding and water management and a condition securing the implementation of the SUDs scheme and verification of its installation remains in place via condition 9 of the s42 application. 8.21 NPF4 Policy 23 Health and Safety seeks to protect people and places from environmental harm, mitigate risks arising from safety hazards and encourage, promote and facilitate development that improves health and wellbeing. Criteria (e) notes that development proposals that are likely to raise unacceptable noise issues will not be supported and that a Noise Impact Assessment may be required where the nature of the proposal or its location raise the potential need for noise to be considered. A Noise Assessment has been submitted for the site which includes acoustic mitigation measures. Criteria (g) requires development proposals within the vicinity of a major accident hazard site or major accident hazard pipeline will consider the associated risks and potential impacts of the proposal of being located in proximity to one another. It is noted that a major high pressure gas pipeline runs east to west across the site. Scottish Gas Network has been consulted and has no objection to the development. These matters are discussed further below against the LDP Environmental and Design Qualities policies EDQ1-3 but it is considered that it has been demonstrated the proposal complies Page 54 of 126
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with NPF4 23. 8.22 Policy 24 Digital Infrastructure supports development that provides future proofing by ensuring that appropriate ducting is in place within new development sites that can be used by different broadband providers and the like. An appropriate condition has been imposed to control this matter to ensure the development complies with NPF4 24. 8.23 Planning Permission in Principle 13/01958/PPP replaced by 22/00364/S42 application were granted subject to conditions. The information submitted in respect of this Matters Specified by Condition application requires to be assessed both in terms of its adherence to the conditions attached to the PPP and in terms of its site specific environmental and design qualities. 8.24 The site falls within the Gartcosh Glenboig Community Growth Area in the North Lanarkshire Local Development Plan and sits within a wider area zoned as PP3 Purpose of Place General Urban Area that seeks to encourage development in keeping with their residential character. The principle of housing on this site has been established through approval of application 22/00364/S42 and is therefore compliant with policies PP3 and AD3 Amount of Development of the local development plan. 8.25 CI Contributions to Infrastructure seeks to secure developer contributions for new developments, that, individually or cumulatively, generate a requirement for new or enhanced infrastructure services. The Community Growth Area as whole is subject to agreed contributions for education and off-site road improvements described in the Strategic Development Framework. The S.42 application updated and secured these required contributions via the S75 process. The agreed Education Contribution is set at £7,800 (subject to indexation) per unit and the Roads Contribution is set at £993 (subject to indexation) per unit. The Affordable Housing agreement includes 12 on site dwellinghouses and a commuted sum equivalent to 3 dwellinghouses. The Affordable Housing Commuted Sum can be secured by S.69 legal agreement which requires payment of the financial contribution prior to the issuing of any Decision Notice. It is therefore considered that the proposed development meets the terms of policy CI. 8.26 PROT A - Natural and Green Network Assets seeks to protect natural and resilient sustainable places by safeguarding natural heritage assets. Category A5 requires an appraisal to demonstrate that protected species would not be compromised or any significant adverse effects on the protected species are appropriately mitigated. The Ecological Chapters of the EIA were updated in 2024/25 as part of the s.42 application (22/00364/S42) and found residential development to be acceptable on this site subject to conditions relating to securing mitigation measures, habitat protection and enhancement. Conditions attached to the s.42 permission (22/00364/S42) shall be carried forward requiring that the prior to commencement any mitigation measures set out in the EIA report dated December 2024 and Species Protection Plan dated May 2025 shall be submitted and approved (Condition 15 of (22/00364/S42), the habitat protection and enhancement measures outlined in Chapter 4 of the EIA Report dated December 2024 shall be implemented contemporaneously with the development (Condition 16 of (22/00364/S42). Condition 17 of 22/00364/S42 required submission of a Habitat Management Plan and this has been submitted with the application and found to be acceptable. In assessing the s.42 application (22/00364/S42) the reporter noted that the green corridor network at the centre of the wider CGA would be retained and is maintained, as are the links to the green network and to Johnston Loch to the south west. It was also noted that the site falls within the Seven Sisters Green Network and Green Infrastructure Planning Study which reflect the NLLDP designation and that the proposals broadly comply with the Seven Lochs Design Guide 2022. 8.27 The Environmental & Design Qualities policies EDQ1-3 within the North Lanarkshire Local Development Plan apply to this application. The supporting Planning Statement accompanying the planning application provides an acceptable site appraisal upon which the design has been developed and therefore complies with EDQ1. 8.28 Policy EDQ2 Specific Features for Consideration states that consideration will be given to development in areas subject to hazards (hazardous zones) and other specific features such as in accordance with plans and protocols of the relevant managing agencies. In this case the High Pressure Gas Pipeline, Flood Risk, Contaminated Land and Ground Instability (Coal Mining) are considered. 8.29 A High Pressure Gas Transmission Pipeline Glenmavis/Provan runs east to west across the site. SGN initially objected to the application but subsequently withdrew their objection on the basis of further discussions with the developer. SGN are satisfied that there is sufficient distance between the proposed housing and the pipeline and that footpath links within its vicinity can be designed to meet their standards. 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8.30 In terms of Flood Risk, the PPP and subsequent s.42 application (13/01958/PPP and 22/00364/S42) were supported by a Flood Risk Assessment demonstrating that the developable area is outwith the flood plain in a 1:200 year high rainfall event and the proposal is not anticipated to increase flood risk for adjacent properties. The SUDS pond has already been constructed to serve phase 2 and has the capacity to accommodate the additional 75 dwellinghouses in this application, ensuring that surface water run-off can be sustainably managed in a 1:200 year high-rainfall event (accounting for climate change without risk of flooding). The information submitted to date addresses conditions 8, 11 and 12 of 22/00364/S42 in relation to flooding and water management and a condition securing the implementation of the SUDs scheme and verification of its installation remains in place via condition 9 of the s42 application. 8.31 In terms of contaminated land condition 6 of the s.42 permission (22/00364/S42) required a Site Investigation to be submitted together with any remediation strategy prior to works starting on site. The Site Investigation covers Phase 2 and Phase 3 and concludes that the site is uncontaminated with respect to criteria for residential development and remedial works are not required in this regard. However, soil gas levels mean that gas protections measures are required across parts of the Phase 2 site. Pollution Control were consulted and referred to their previous comments in relation to the phase 2 planning application 21/01459/MSC where they are satisfied with the SI and remediation strategy for both Phase 2 and Phase 3. 8.32 The site does not fall within a High Risk area in terms of previous mining activity and as such a Coal Mining Risk Assessment is not required. 8.33 The site does not fall within any other EDQ2A, 2B or 2C categories. 8.34 Taking the above, into account it is considered that the application accords with the requirements of policy EDQ2. 8.35 Turning to Policy EDQ 3 - Quality of Development, the proposed siting, overall layout, density, form, scale, height, massing, proportion, detailing, colour and materials, whilst considered to be of standard residential design, are considered acceptable. The plots meet the minimum space standards set out in NLC Open space guidelines; space around dwellings and the required level of in-curtilage and visitor parking provision is met. 8.36 In terms of vehicular access, the PPP required a roundabout junction to provide access to the Phase 2 development site from Lochend Road. However, this was subsequently amended by planning application 21/01461/S42 which demonstrated that vehicular access could be served by a priority junction which has been constructed and is currently serving Phase 2 of the development. NLC Transportation and Infrastructure were consulted on the application and raised no objection in terms of junction capacity when adding the 75 proposed dwellinghouses. Pedestrian connections are provided through the site to phases 1 and 2 and there is pedestrian access to Lochend Road. The site is in close proximity to the bus network and Gartcosh railway station. 8.37 NLC Transportation and Infrastructure had no objections to the application but advised that before Phase 3 begins the secondary access linking Phases 1 and 2 at Finart Crescent allowing access to Johnston Road roundabout approved under 21/01459/MSC requires to be completed. A condition is attached to control this matter. 8.38 It is recognised that the application does not meet the design guidance contained within the Strategic Development Framework for the CGA as it is located in an area identified as a ‘no build zone’. However, as the principle of residential development on this site was approved on appeal via application 22/00354/S42, it is accepted. 8.39 In terms of overall housing numbers this application seeks 75 dwellinghouses on an area of the site which was not previously going to be developed for housing. However, it still does not exceed the maximum 450 dwellinghouses controlled by condition 5 (a) of 22/00364/S42 as it would leave a balance of 113 dwellinghouses remaining. The last site that could come forward as an application for permission for additional matters specified in condition is ‘Site 3’ to the south of Johnston Road. There is no application at this time for this site and any layout submitted in respect of the remaining units would have to demonstrate it was acceptable in terms of residential amenity, safety and impact on the environment. 8.40 In determining the 22/00364/S42 appeal the DPEA reporter stated that ‘the topography indicates to me that Phase 2 would be visually linked to proposed Phase 3 and not to the residential areas of Page 56 of 126
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Mount Ellen. The area would be adjacent to each other for a minimal area, and I find would read as two separate neighbourhoods. There is a substantial set back proposed to Lochend Road, north of Cleek Avenue, but in order to minimise any perception of coalescence, I am recommending that indicative plots 343 and 342 be removed from the indicative layout submitted for the proposed development, and an area of landscaping substituted’. Condition 5 (i) of 22/00364/S42 secures this. 8.41 It is noted that the house plot numbers have changed with 343 and 342 now 442 and 443. Plots 343 and 342 were previously set 18m back from Lochend Road. The proposed layout plan does not remove these two plots but sets them further back into the site and provides a deeper landscaped buffer. Plots 442 and 443 have been set back a further 5m in line with plot 441 (was plot 341) taking the distance from Lochend Road to just over 23m. Furthermore, when taking into account the width of Lochend Road this increases to 36m and again to 50m to the principal elevations of 203 and 205 Lochend Road. It is therefore considered they would not represent visual coalescence. Whilst not strictly in compliance with Condition 5 (i) it is considered that the aims of the condition have been satisfactorily secured. 8.42 The layout includes an area of open space to the south of the application site which is designed to provide a series of informal paths through natural wildlife planting and connects to Phase 2. The area of open space is sufficient to accommodate play provision. Planning permission 22/00364/S42 requires 2,000sqm of equipped play space to be provided across the entirety of the area identified as ‘Site 1’. Phase 1 and Phase 2 of Bellway’s development already provide 890sqm of equipped play space and as such the balance of 1,110 sqm requires to be provided on this site. It is acknowledged that this area of the site may be suitable for provision of natural play features rather than formal play equipment. It is considered that the full details of play equipment or natural play features can be conditioned and assessed with NLC Play. 8.43 In terms of sustainability, the proposed dwellinghouses will be well insulated and energy-efficient. Air Source heat pumps and solar PV are proposed to minimise operational carbon emissions through low carbon technologies. The material selection shall be made with the aim of reducing Whole Life Carbon Emissions as far a possible. Local suppliers will be used where possible in order to minimise emissions during construction. EV charging is provided. The developer is committed to reducing waste in terms of the waste hierarchy. 8.44 The site is not located in an Air Quality or Noise Management Area. An Air Quality Assessment covering both Phases 2 & 3 concludes that no significant effects are predicted in relation to traffic associated with the proposed development and therefore there is no requirement for any mitigation measures. Pollution Control advise that their comments on this report made in respect of Phase 2 (21/01459/MSC) remain valid for this application and they have no objection. 8.45 In terms of Noise, the applicant submitted a Noise Impact Assessment with the application which found road noise from Lochend Road reached a level which requires mitigation measures to be put in place for certain houses along the western extent of the site. The mitigation measures, when using a closed windows approach, include acoustic barriers between 2.1-2.4m along certain plots and enhanced trickle vents (total 7 dwellinghouses). With the mitigation measures in place the internal day and night time traffic noise levels meet agreed criterion. Pollution Control advised that their comments reflect what was previously said in response to 21/01460/MSC. It is considered that the submission of the Noise Impact Assessment meets the requirements of Condition 13 of 22/00364/S42 and that the identified mitigation measures are acceptable. A condition requiring the implementation of the mitigation measures and verification certification can be applied. 8.46 In terms of protecting water body status the site does not build over any culverts and accords with Condition 12 of 22/00364/S42. The SUDs pond already built to serve Phase 2 can accommodate the proposed 75 dwellings and associated surface water run-off from the site and drainage drawings submitted satisfy Condition 8 of 22/00364/S42. The foul water will drain by gravity and connect to the foul infrastructure constructed as part of Phase 2 works before draining to the new pumping station located adjacent to the SuDS pond and then pumped into the existing foul network. A condition requiring confirmation that all of Scottish Water’s requirements have been met can be applied in this regard. 8.47 Adequate provision can be made for the development and maintenance of landscaped areas, SUDs, play areas and biodiversity and can be controlled by suitably worded conditions. The application is supported by a Landscape and Ecological Management Plan. 8.48 Taking the above into account it is considered that the proposal complies with policies EDQ1-3. Page 57 of 126
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8.49 For the reasons discussed above it is considered that the proposal complies with the development plan. Material Considerations 8.50 Gartcosh Local Place Plan 2025 is a material consideration in assessing this application and is a community-led framework outlining the vision, priorities, and actions for the village’s development and is formally registered with North Lanarkshire Council. 8.51 The Local Place Plan shows an icon representing ‘potential public open space’ on the application site and a separate icon indicates that the site is subject to constant flooding due to the gradient of the site. 8.52 In terms of general themes the Local Place Plan raises concerns about lack of affordable housing, overwhelming concern about too many new homes being built without matching services, concerns on over development and insufficient infrastructure to support new housing, a desire for Gartcosh to retain its village character and support a strong sense of community. 8.53 The Gartcosh Glenboig Community Growth Area is a long standing housing priority and is supported by the North Lanarkshire Local Development Plan. This site has planning permission in principle in place for residential development dating back to 2016. The proposed development will deliver 12 affordable homes on-site and it is not considered that the development would represent coalescence between settlements. 8.54 The site is in private ownership and is being brought forward by a housing developer. The open space proposed is to serve the development and whilst considered useable by the public would not constitute public open space as it will be privately maintained by residents. In the assessment of the application matters relating to flooding have been considered acceptable and the site would be served by a SuDS scheme to manage surface water. 8.55 Whilst it is recognised that the proposed development does not align with the LPP, in so far as it applies to the LPP’s aspirations for the application site, as application 24/00364/S42 (approved on appeal) allowed development to be brought forward on the site, this is a material consideration that carries significant weight. This appeal decision taken in conjunction with the above assessment is such that the proposed development is considered acceptable and the content of the LPP is not considered sufficient reason to justify refusal of the application. 9. Conclusions 9.1 Taking the above into account, it is considered that the proposed housing development is in accordance with the relevant policies of the development plan. The design and layout is of high quality, will offer biodiversity enhancements to the site and will integrate satisfactorily with the surrounding area. The technical supporting documents demonstrate that the proposal can be accommodated within the site without adverse impacts on the surrounding area. Consideration has been given to the comments from consultees and no matters have been raised which would merit the refusal of the application and appropriate conditions can be applied to address matters raised. Due consideration has also been given to issues raised in objections but these are not upheld or carry such weight as to merit the refusal of the application. On this basis, it is recommended that planning permission be granted subject to conditions and a S69 legal agreement for a commuted sum equivalent to 3 housing units as this is a matter that cannot be controlled by condition. Page 58 of 126
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Application No: 26/00202/FUL Proposed Development: Erection of Industrial Buildings for Class 5 (General Industrial) and Class 6 (Storage and Distribution) uses with associated Ancillary Development Site Address: Land At Mcneil Drive Eurocentral Holytown Date Registered: 27th February 2026 Applicant: Smart_Manse 1_Limited 28 Cramond Road South Edinburgh EH4 6AB Agent: Porter Planning Ltd. 39 St Vincent Street Glasgow G1 2ER Application Level: Major Application Contrary to Development Plan: Yes Ward: 16 Mossend And Holytown Jim Reddin,Beth Baudo,Helena Gray, Representations: 0 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: Page 59 of 126
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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: 26/00202/FUL Name (of applicant): Smart_Manse 1_Limited Site Address: Land At Mcneil Drive Eurocentral Holytown Development: Erection of Industrial Buildings for Class 5 (General Industrial) and Class 6 (Storage and Distribution) uses with associated Ancillary Development Page 60 of 126
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Proposed Conditions:- APPROVED DRAWINGS 1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- LOCATION PLAN 20010 SITE LAYOUT PLAN MCNDM-MSA-SI-ZZ-DR-A-20011-PL01 SITE LEVELS AP3/04/Topo/01 - TOPOGRAPHICAL STUDY - LEVELS INFORMATION J5842-BSA-P1-ZZ-DR-C-0100-P01 - EXTERNAL LEVELS LAYOUT SHEET 1 OF 2 J5842-BSA-P1-ZZ-DR-C-0101-P01 - EXTERNAL LEVELS LAYOUT SHEET 1 OF 2 DRAINAGE LAYOUT AND MAINTENANCE J5842-BSA-P1-ZZ-DR-C-0300-P01 - DRAINAGE LAYOUT J5842-BSA-P1-ZZ-DR-C-0180-P01 - PRE DEVELOPMENT OVERLAND FLOW LAYOUT J5842-BSA-P1-ZZ-DR-C-0190-P01 - POST DEVELOPMENT OVERLAND FLOW LAYOUT DOCUMENT - ATTENUATION STORAGE TANKS OPERATION AND MAINTENANCE REQUIREMENTS DOCUMENT - FILTER DRAIN OPERATION AND MAINTENANCE REQUIREMENTS DOCUMENT - POROUS PAVING OPERATION & MAINTENANCE REQUIREMENTS DOCUMENT - PROPRIETARY TREATMENT SYSTEM OPERATION & MAINTENANCE REQUIREMENTS DOCUMENT - SWALE OPERATION & MAINTENANCE REQUIREMENTS SITE PLAN & PROPOSED MECHANICAL SERVICES LAYOUT 315728-HAH-XX-XX-D-M-05010 PROPOSED ELECTRICAL SERVICES SITE PLAN & LAYOUT 315728-HAH-XX-XX-D-M-06010 ROOF PLAN & PROPOSED LAYOUT OF PV PANELS 315728-HAH-XX-XX-D-M-09010 GENERAL ARRANGEMENT LANDSCAPE AND PLANTING PLAN AND BIODIVERSITY Bat Roost and Breeding Bird Surveys for Trees April 2026 by Acorna Ecology Associates Biodiversity Statement - IFL Job Number – 82285 (Amended) General Arrangement - 64153-00-001 Rev. P04 Planting Plan - 64153-00-002 Rev. P04 Planting Plan - 64153-00-003 Rev. P04 Planting Plan - 64153-00-004 Rev. P04 SITE EXTERNAL FINISHES PLAN MCNDM-MSA-SI-ZZ-DR-A-20012-PL01 UNIT 1 PLANS MCNDM-MSA-U1-WA-DR-A-20100-PL02 - UNIT 1 - GROUND FLOOR PLAN MCNDM-MSA-U1-ZZ-DR-A-20101-PL02 - UNIT 1 - OFFICE FLOOR PLANS MCNDM-MSA-U1-RF-DR-A-20102-PL01 - UNIT 1 - ROOF PLAN MCNDM-MSA-U1-ZZ-DR-A-20103-PL02 - UNIT 1 – ELEVATIONS MCNDM-MSA-U1-ZZ-DR-A-20104-PL02 - UNIT 1 - ILLUSTRATIVE COLOURED ELEVATIONS MCNDM-MSA-U1-ZZ-DR-A-20105-PL01 - UNIT 1 - CYCLE STORE DETAILS MCNDM-MSA-U1-ZZ-DR-A-20106-PL01 - UNIT 1 - REFUSE STORE DETAILS UNIT 2 PLANS MCNDM-MSA-U2-WA-DR-A-20200-PL01 – UNIT 2 - GROUND FLOOR PLAN MCNDM-MSA-U2-ZZ-DR-A-20201-PL01 – UNIT 2 - OFFICE FLOOR PLANS MCNDM-MSA-U2-RF-DR-A-20202-PL01 – UNIT 2 - ROOF PLAN MCNDM-MSA-U2-ZZ-DR-A-20203-PL02 – UNIT 2 - ELEVATIONS MCNDM-MSA-U2-ZZ-DR-A-20204-PL02 - UNIT 2 - ILLUSTRATIVE COLOURED ELEVATIONS MCNDM-MSA-U2-ZZ-DR-A-20205-PL01 - UNIT 2 - CYCLE STORE DETAILS MCNDM-MSA-U2-ZZ-DR-A-20206-PL01 - UNIT 2 - REFUSE STORE DETAILS Reason: To clarify the drawings on which this approval of permission is founded. Page 61 of 126
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MINERAL STABILITY 2. No development shall commence on site until any remediation works and/or mitigation measures required to address the mine entry and the shallow mine workings, as may be necessary, have been implemented on site in full and the intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance. Reason: To ensure that the site is safe and stable for the development proposed. MINERAL STABILITY - VERIFICATION 3. Notwithstanding the terms of condition 2 above and prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by the recorded mine entry. Reason: To ensure that the site is safe and stable for the development proposed. SITE INVESTIGATION 4.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', LCRM and North Lanarkshire Council’s Contaminated Land for Developers Guide. 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 and, if so, should be submitted as part of the fulfilment of this condition. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future occupants. MINE GAS ASSESSMENT 5. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a detailed mine gas risk assessment (DMGRA) must be carried out in accordance with the CL:AIRE Good Practice for Risk Assessment for Coal Mine Gas Emissions – October 2021 and undertaken by a suitably competent person as defined in the current legislation. The DMGRA should take cognisance of North Lanarkshire Council’s Contaminated Land for Developers Guide. Reason: Suitable assessment and precautions require to be taken as the Mine Gas Risk Assessment Tool has indicated that this application falls within an area of significant potential risk for mine gas. REMEDIATION 6. That any remediation works identified by the site investigation and DMGRA required in terms of Conditions 4 and 5 shall be carried out to the satisfaction of the Planning Authority in accordance with North Lanarkshire Council’s Contaminated Land for Developers Guide. A detailed Remediation Strategy outlining the required remedial measures must be submitted to the Planning Authority, this should include an updated Conceptual Site Model, to ensure the site will be made suitable for its intended end use. The remediation strategy should include description of ground conditions (soil, gas, water), remediation method, including gas protection systems, if required. List a program of works including any phasing and approximate timescales as required to fulfil this planning condition. Including site plans/drawings, materials management plan, asbestos management plan, if required. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future occupants. VERIFICATION REPORT 7. That unless otherwise agreed in writing BEFORE the development is brought into use a Verification report, signed by a suitably competent person (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 approved under the terms of condition 6 above. This may include but is not limited to Laboratory and in situ test results including original lab datasheets and chain of custody documents. Monitoring results for groundwater and gases. Comparison and interpretation with remediation criteria. Plans showing treatment areas, locations of any verification samples, and details of any differences from agreed remediation strategy. Photographs showing the remedial work undertaken. Page 62 of 126
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Verification of gas protection systems in accordance with BS8485, if required. Evidence that the boreholes are fully sealed should be provided once all monitoring rounds have been completed. SEPA Good Practice for Decommissioning Redundant Boreholes and wells, 2014 or Note 4 of BS8576 should be followed. Confirmation that remediation objectives have been met and the site is suitable for use must be provided. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future occupants FLOOD RISK ASSESSMENT / DRAINAGE STRATEGY 8. For the avoidance of doubt the development shall be carried out in accordance with the recommendations of the Flood Risk Assessment by KAYA Consulting dated October 2025 and the Drainage Strategy Report by Bayne Stevenson Associates Ltd dated February 2026 and the following drawings and details: J5842-BSA-P1-ZZ-DR-C-0300-P01 - DRAINAGE LAYOUT J5842-BSA-P1-ZZ-DR-C-0180-P01 - PRE DEVELOPMENT OVERLAND FLOW LAYOUT J5842-BSA-P1-ZZ-DR-C-0190-P01 - POST DEVELOPMENT OVERLAND FLOW LAYOUT DOCUMENT - ATTENUATION STORAGE TANKS OPERATION AND MAINTENANCE REQUIREMENTS DOCUMENT - FILTER DRAIN OPERATION AND MAINTENANCE REQUIREMENTS DOCUMENT - POROUS PAVING OPERATION & MAINTENANCE REQUIREMENTS DOCUMENT - PROPRIETARY TREATMENT SYSTEM OPERATION & MAINTENANCE REQUIREMENTS DOCUMENT - SWALE OPERATION & MAINTENANCE REQUIREMENTS And all works required under this condition shall be implemented contemporaneously with the development in so far as is reasonably practical. Reason: In the interest of a providing a sustainable design solution VERIFICATION REPORT – SUDS 9. That 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. For the avoidance of doubt, The Surface Water Drainage Strategy detailed within the Drainage Strategy Report by Bayne Stevenson Associates Ltd dated February 2026 and in drawings approved under the terms of condition 6 above shall be implemented contemporaneously with the development in so far as is reasonably practical. All SUDS serving the application site is to be designed and constructed to enable adoption for future maintenance by Scottish Water or a suitable factor. SUDS infrastructure will not be considered for adoption by the Roads Authority/North Lanarkshire Council. Reason: To ensure the provision of satisfactory sewerage and surface water drainage arrangements. TRANSPORT SCOTLAND 10. There shall be no direct pedestrian or vehicular access to the trunk road, and the existing trunk road boundary fence shall be retained with its integrity maintained at all times. Reason: To ensure all movement of traffic and pedestrians is confined to the permitted means of access, thereby safeguarding the safety and free flow of trunk road traffic, while maintaining secure and unobstructed access for the inspection and maintenance of trunk road boundary infrastructure. 11. There shall be no drainage connections to the trunk road drainage system. Prior to the commencement of development, full details of the proposed drainage arrangements shall be submitted to, and approved by, the Planning Authority in consultation with Transport Scotland. Reason: To ensure the efficiency of the existing trunk road drainage network is not compromised and that all drainage infrastructure is designed and constructed to the standards required within the trunk road boundary. 12. Prior to commencement of the development, details of all fencing or barrier proposals and the landscaping treatment along the trunk road boundary shall be submitted to, and approved by, the Planning Authority in consultation with Transport Scotland. All fencing, barriers, and landscaping must be designed and located so they can be installed and maintained entirely from within the development site and must not result in distraction or dazzle to drivers on the trunk road. These measures shall be implemented prior to the operation of the development. Page 63 of 126
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Reason: To minimise risks of uncontrolled access to the trunk road, prevent driver distraction, and ensure safe and unobstructed access for future inspection and maintenance of the trunk road boundary. 13. Prior to the commencement of the development, details of the lighting within the site shall be submitted for the approval of the Planning Authority, after consultation with Transport Scotland. Reason: To ensure that there will be no distraction or dazzle to drivers on the trunk road and that the safety of traffic on the trunk road will not be diminished. 14. Prior to commencement of the development, a Construction Traffic Management Plan (CTMP) shall be submitted to and approved in writing by the Planning Authority, in consultation with Transport Scotland. All construction traffic shall operate in full accordance with the approved CTMP. The CTMP shall include measures to ensure that all construction vehicles transporting dry or loose materials are fully sheeted or otherwise covered, and shall provide for wheel-cleaning facilities or other appropriate measures to prevent mud and debris being deposited on the trunk road. These measures shall be implemented and operational prior to any works commencing. Reason: To ensure that construction traffic does not adversely affect the safe and efficient operation of the trunk road network and to prevent materials, mud, or debris being deposited on the trunk road to the detriment of road safety. ARCHAEOLOGY 15. No development shall take place within the application site until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation (WSI). The WSI shall be submitted by the applicant, agreed in writing with the local Archaeology Service, and approved by the Planning Authority. The resulting mitigation shall include, but not be limited to, a photographic record of the current site condition, targeted trial trenching (four 10m by 2m trenches) over the former coal pit, and where necessary proposals for further excavation, post-excavation analysis, publication and archiving. The development shall thereafter be carried out in full accordance with the approved WSI. Reason: To ensure that any archaeological remains associated with the historic coal-mining activity recorded on the site are identified, investigated and appropriately preserved by record prior to development, in the interests of protecting the historic environment. CONFIRM COMPLETION OF ALL ROAD WORKS 16. That BEFORE occupation of the development, or it being brought into beneficial use, all road works (access junction, internal roads, parking provision and road signage) shown on drawing MCNDM-MSA-SI-ZZ-DR-A- 20011-PL01 shall be completed in full and written confirmation (signed by a suitably qualified Engineer) shall be submitted to the Planning Authority. Reason: In the interests of traffic and pedestrian safety. CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN 17. That BEFORE the development commences, a Construction Environmental Management Plan (CEMP) shall be submitted to the Planning Authority for approval in writing. Once approved the CEMP shall be implemented in full. For the avoidance of doubt, the CEMP shall include details of: a) implementation of Noise, Dust and Vibration Plan b) implementation of the Pollution Prevention Plan c) onsite wheel washing facilities for construction traffic d) monitoring procedures for air quality, water quality, noise levels, and other relevant parameters. e) the responsible contractors who are accountable for environmental management and implementation of the CEMP (or individual workstreams within the CEMP) during the construction phase. Reason: To ensure suitable mitigation of impacts during the construction phase. IMPLEMENTATION OF BOUNDARY TREATMENTS 18. That BEFORE occupation of the development, or it being brought into beneficial use, the boundary treatments shown within drawing MCNDM-MSA-SI-ZZ-DR-A-20012-PL01 shall be implemented in full. Reason: In the interest of the amenity of the site and the general area. LANDSCAPING & BIODIVERSITY Page 64 of 126
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19. That BEFORE occupation of the development all landscaping works and biodiversity enhancements the terms of the following documentation shall be implemented in full: Bat Roost and Breeding Bird Surveys for Trees April 2026 by Acorna Ecology Associates Biodiversity Statement - IFL Job Number – 82285 (Amended) General Arrangement - 64153-00-001 Rev. P04 Planting Plan - 64153-00-002 Rev. P04 Planting Plan - 64153-00-003 Rev. P04 Planting Plan - 64153-00-004 Rev. P04 64153-00-005-P02 – PLANTING AND MAINTENANCE SCHEDULE 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, shall be replaced within the following planting season with others of a similar size and species. Reason: In the interests of protecting nature conservation interests and the amenity of the site. 20. That BEFORE the development hereby permitted starts, tree protection measures in accordance with British Standard 5837:2012 "Trees in relation to design, demolition and construction.” shall be erected along the drip line of the trees adjacent to the application site and shall not be removed until construction is completed. Reason: In the interests of protecting nature conservation interests and the amenity of the site. DETAILS OF MANAGEMENT AND MAINTENANCE 21. That BEFORE occupation of the development, full details of the party to act as the appointed managing agent for the development shall be submitted in writing to the Planning Authority for approval, together with details of a management and maintenance scheme which shall include proposals for the continuing care, maintenance and protection of:- (a) Surface water and drainage (b) Landscaped areas as detailed in the approved drawings (c) Trees and biodiversity (d) Internal roads and footways, including cleansing (e) External appearance of all buildings Thereafter, the approved management and maintenance scheme shall remain in operation permanently. Reason: In the interest of the long-term amenity and maintenance of the development. UPDATED ECOLOGICAL SURVEYS 22. Should the development not commence before 18 months have elapsed from the date of the Ecological Appraisal (12 May 2027), an updated Ecological Appraisal shall be submitted to the Planning Authority for approval. Should the development not commence before 18 months have elapsed from the date of the Bat and Breeding Bird survey (April 2026), an updated Survey shall be submitted to the Planning Authority for approval. For the avoidance of doubt, the development shall not commence until the updated Ecological Appraisal or updated Bat Survey has been approved by the Planning Authority. Thereafter, any agreed mitigation works and/or and biodiversity enhancements shall be implemented in full. Reason: In the interests of protecting nature conservation interests. Page 65 of 126
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Background Papers: Consultation Responses: Transport Scotland Scottish Environment Protection Agency Technicians - PAHDI Checks Traffic & Transportation Environmental Health (including Pollution Control) Coal Mining Remediation Authority NLC Greenspace NLC Climate Change Team Scottish Water NLC Water Management Team Archaeology Service Environmental Health (including Pollution Control) Contact Information: Any person wishing to inspect these documents should contact Edward McLennaghan at 01236 632500 Report Date: 8th June 2026 Page 66 of 126
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APPLICATION NO. 26/00202/FUL REPORT 1. Site Description 1.1 The application site comprises approximately 4.25 hectares of land located on the eastern edge of the Eurocentral Strategic Business Centre, within an established industrial and logistics environment north of Motherwell. 1.2 The site appears undeveloped, albeit with evidence of limited former activity including a historic coal pit in the northwest and an area of made ground associated with a former refuse tip in the southeast. The land comprises predominantly unmanaged grassland with small areas of scrub, opportunistic vegetation, and scattered trees. The topography falls gently from east to west. The site presently lacks any built development or internal infrastructure and is enclosed by the adjacent road network. Vehicular, pedestrian, and cycle access is currently taken directly from McNeil Drive, which provides connectivity both westwards to Townhead Avenue and M8 Junction 7, and eastwards to Chapelhall Junction and M8 Junction 6A. 1.3 The site occupies a prominent position immediately north of McNeil Drive, the principal internal distributor road serving the wider Eurocentral estate and lies adjacent to the A8 trunk road and the Chapelhall Junction roundabout to the east and northeast. The site therefore benefits from immediate access to Junctions 6A and 7 of the M8, forming part of Scotland’s primary east/west transport corridor. 1.4 The surrounding area is characterised by large-scale commercial, industrial, and distribution uses typical of the Eurocentral environment. To the west, the site is bounded by the existing Next distribution facility, while further west and south lie additional established industrial operators and areas of commercial activity. To the north and northeast, the character is dominated by the A8 corridor and associated transport infrastructure. An area of woodland lies to the northwest of the site and is identified as the Blacklands Plantation, which is a designated SINC. 2. Proposed Development 2.1 The application seeks full planning permission for the development of two industrial and distribution units with associated infrastructure on an approximately 4.25-hectare site at McNeil Drive, Motherwell. The proposal includes the erection of two industrial buildings with a combined floorspace of 19,545 sqm for Use Classes 5 (General Industrial) and 6 (Storage and Distribution), along with ancillary office accommodation, service yards, parking, access arrangements, drainage, landscaping, and related enabling works. 2.2 Unit 1 has a gross external area of 11,674 sqm, including 936 sqm of first-floor office space and measures a maximum height of 16.2m, while Unit 2 has a gross external area of 7,871 sqm, including 677 sqm of office accommodation and measures a maximum height of 15.6m. Both buildings are designed to provide warehouse space suitable for a range of occupiers, incorporating a clear internal height of 12.5m, loading areas, and service yards. Unit 1 includes 10 dock levellers and 2 level access doors, and Unit 2 includes 6 dock levellers and 2 level access doors. Each service yard is accessed from the internal road network and enclosed by 2.4m high weldmesh fencing. 2.3 The proposal includes new vehicular access points from an internal access road connected to McNeil Drive, with segregated pedestrian and cycle routes forming part of the access arrangements. A total of 116 car parking spaces are proposed, with 70 serving Unit 1 and 46 serving Unit 2. The parking provision includes accessible bays, motorcycle spaces, and electric vehicle charging facilities. Cycle parking for 72 bicycles - 40 spaces for Unit 1 and 32 for Unit 2. This is positioned near the main building entrances and supported by shower and changing facilities. 2.4 The proposed buildings are designed with a contemporary industrial appearance, incorporating profiled metal cladding in grey and silver tones, curtain walling to the office elements, and parapet-lined roofs that screen the pitched roof profiles. The design is intended to form a built frontage to McNeil Drive while reflecting the established industrial character of the wider Eurocentral area. 2.5 The proposal includes a landscape strategy intended to integrate the development within its surroundings and provide planting and habitat features. The landscaping comprises native tree and shrub planting, hedgerow reinforcement, and areas designed for employee use. Ecological measures Page 67 of 126
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include the provision of native species planting, wildflower and grassland habitats, and the installation of bat and bird boxes. 2.6 The development incorporates a range of sustainability measures, including building fabric designed to improve energy efficiency, reduced air permeability, rooftop photovoltaic panels, and high-efficiency heating and ventilation systems. Modern construction methods are proposed with the aim of reducing waste and embodied carbon. The development is designed to meet BREEAM Excellent and EPC A+ performance targets. 3. Applicant’s Supporting Information 3.1 In support of the application the applicant has provided the following information: PAC Report Planning Statement Design and Access Statement Transport Assessment Site Investigation Report (Including Mineral Stability) Drainage Strategy Report Flood Risk Assessment Eurocentral Travel Plan Preliminary Ecological Appraisal Bat Survey Energy Statement 4. Site History 4.1 The application has no site history of note with relevance to the proposed development. 5. Development Plan 5.1 The development plan consists of National Planning Framework 4 2023 (NPF4) and the North Lanarkshire Local Development Plan 2022 (NLLDP). 5.2 The NPF4 policies considered to have particular relevance for the proposals are as follows: Policy 1 Tackling the climate and nature crises Policy 2 Climate mitigation and adaptation Policy 3 Biodiversity Policy 4 Natural places Policy 5 Soils Policy 6 Forestry, woodland and trees Policy 12 Zero waste Policy 13 Sustainable transport Policy 14 Design, quality and place Policy 18 Infrastructure first Policy 20 Blue and green infrastructure Policy 22 Flood risk and water management Policy 23 Health and safety Policy 26 Business and industry 5.3 The relevant policies within the NLLDP are as follows: PROM LOC2 Business Development Sites – Existing Business Site (NLS00362) PP 2A Policy Purpose of Place AD 2A Policy Amount of Development PROT A Policy Natural Environment and Green Network Assets Category A3 Local Sites - Site of Importance for Nature Conservation (SINC) Category A5 Protected Species CI Contributions to Infrastructure EDQ 1 (Site Appraisal) EDQ 2 (Specific Features for Consideration) EDQ 3 (Quality of Development) Page 68 of 126
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6. Consultations 6.1 NLC Infrastructure and Transportation confirm that the proposed access arrangements are acceptable in this instance. The applicant has satisfactorily addressed all previous concerns through submission of updated traffic surveys, traffic modelling for both the 2025 base year and 2038 forecast year, a DMRB-compliant preliminary access design, and an Independent Stage 1 Road Safety Audit, none of which identified adverse impacts on the local road network or junction performance. The proposed right-turn lane from McNeil Drive provides adequate storage and would not adversely affect the operation of the Bo’ness Road / McNeil Drive roundabout. 6.2 NLC Protective Services advise that the site lies within a high-risk mine gas zone and that a detailed mine gas risk assessment will be required to fully assess ground conditions and inform appropriate mitigation measures. Advisory comments are also provided in relation to the construction phase, including the need to control noise, dust, lighting and smoke emissions to prevent nuisance, with restricted working hours due to the proximity of sensitive receptors. The consultee further highlights the need for appropriate procedures to manage any unexpected contamination encountered during groundworks and confirms that development should accord with relevant environmental protection guidance and best practicable means. 6.3 NLC Greenspace raised concerns in relation to the site’s proximity to Blackland’s Plantation SINC and the loss and fragmentation of existing habitats that currently provide connectivity between adjacent designated sites. They advised that further ecological information is required prior to determination, including a bat survey. Concerns were also raised regarding the proposed loss of an identified ancient hedgerow and the adequacy of mitigation for the loss of woodland, grassland and wetland habitats. While biodiversity measures are proposed, Greenspace consider that insufficient detail has been provided to demonstrate biodiversity enhancement in accordance with NPF4 Policy 3, and request further information on habitat provision, buffering to the SINC, and long-term landscape and biodiversity management. 6.4 On submission of an amended Biodiversity Statement, Bat Report (plus breeding bird survey) and updated landscaping information by the applicant’s agent Greenspace have no objections to the proposed development. This is on the basis that best practice is followed to ensure there will be no adverse impact to Blackland’s Plantation SINC directly adjacent to the boundary of the proposed development during and post construction phase. They have requested that the terms of BS5837:2012 ‘Trees in relation to design, demolition and construction’ are applied and appropriate conditions imposed to mitigate impacts and to ensure all enhancements proposed are delivered. Appropriate conditions are attached. 6.4 NLC Water Management Team advise that the Flood Risk Assessment prepared on behalf of the applicant is acceptable and the drainage details are sufficient. Appropriate conditions are attached to control these matters. 6.5 NLC Climate Change Team advise that, while the proposal acknowledges requirements for biodiversity net gain, insufficient information has been provided to demonstrate delivery, particularly given the site’s potential to disrupt species movement between adjacent woodland areas. Further assessment of biodiversity enhancement options is requested. The consultee welcomes commitments to renewable energy measures, including solar provision, high energy efficiency standards and heat pump use, but seeks clarification on whether battery storage and agrivoltaics have been considered. While compliance with minimum EV charging standards is noted, increased provision is encouraged to support modal shift. Additional information is also sought in relation to embodied carbon, including quantified whole-life carbon data and commitment to recognised standards, and it is noted that serviced and operational emissions remain uncertain pending identification of end users. In summary on submission of further information by the applicant’s agent Climate Change made the following comments: − The applicant should provide verification that there is a net biodiversity gain. Response: Greenspace have been consulted and subject to the attached conditions have no objection to the proposed development. − They note that mine gas risk will be addressed by the applicant Response: Appropriate planning conditions have been imposed to control this matter. − They encourage the installation of additional ducting and additional EV chargers to facilitate EV uptake amongst site employees Response: Additional ducting has been provided as part of a scheme to provide tenant Page 69 of 126
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flexibility. − They advise the exploration of battery storage based on the site’s final energy needs and that installing a green roof as additional habitat and greenspace can still support SuDS and biodiversity net gain. Response: Due to the speculative nature of the buildings these matters have not been brought forward, but does not prevent an end user coming forward with such proposals. − They request the embodied carbon calculations are shared with the NLC Planning and Climate & Energy Teams for documentation. Response: Noted. − They recommend the applicant commit to prioritising leasing to future tenants who demonstrate lower Scope 3 emissions to ensure overall site sustainability. Response: Scope 3 emissions can be reduced for future tenants through the proposal’s sustainable transport design elements, such as the cycle storage and EV charging. This will reduce emissions associated with commuting to the building. The proposed heat pump system will include leak detection to mitigate against unchecked F-gas leaks. 6.6 SEPA note that comments were requested as the site may be at risk from surface water or small watercourse flooding, but this consultation falls below the thresholds for which SEPA provides site specific advice and refer to their flood risk standing advice which is available at SEPA's Flood Risk Standing Advice. In accordance with SEPA Development Management Consultation Thresholds and Standing Advice guidance, they request that in the first instance local authority flood risk management colleagues assess the proposal against any information they hold to determine whether it may be at fluvial flood risk from the small watercourse, and if so, only consult SEPA if they subsequently recommend that SEPA advice is required. As noted above NLC Water Management accept the content of the Flood Risk Assessment and Drainage Strategy subject to suitable conditions. 6.7 Scottish Water has no objection to the proposed development. There is sufficient water and foul wastewater treatment capacity to accommodate the proposal at this stage, although further assessment will be required once a formal connection application is submitted. Scottish Water confirms that surface water connections to the combined sewer will not be accepted, except in exceptional brownfield circumstances requiring significant justification. The applicant is advised that live Scottish Water infrastructure may be present within or near the site, and any potential conflicts must be assessed through the Asset Impact Team. Capacity cannot be reserved, and all connections will be reassessed following any future technical applications. 6.8 Originally Transport Scotland sought to control new signage on the site through this application but no longer wish this condition attached as it is recognised this would be subject to a separate application. Transport Scotland has advised that they no objection to the proposed development subject to conditions designed to protect the operational safety and integrity of the trunk road network. These include ensuring there is no direct pedestrian or vehicular access to the trunk road, no drainage connections to trunk road infrastructure, and that detailed proposals for drainage, boundary fencing, barriers, landscaping, and lighting are agreed in consultation with Transport Scotland prior to development commencing. Additional conditions require appropriate construction traffic management, prevention of debris on the trunk road, and other restrictions. Collectively, these measures are intended to safeguard road safety, maintain efficient trunk road operations, and ensure that construction and operational activities do not adversely impact the strategic network. 6.9 Coal Mining Remediation Authority notes that the applicant has obtained appropriate and up-to-date geological and mining information, as well information from the results of intrusive site investigations undertaken. From a review of the site investigations undertaken, the Report confirms that identified shallow mine workings pose a risk to ground stability, and that the shaft, which has been located, will also require remediating. On the basis that the development layout has clearly been designed around the recorded mine entry and its respective zone of influence and subject to the imposition of a planning condition to ensure the recommended remediation, the Coal Authority has no objections to this planning application. 6.10 Archaeology note that historic mapping indicates that the proposed development site contains the remains of an ‘old coal pit’, first recorded on the mid-19th-century Ordnance Survey. This feature is likely to be earlier in origin - potentially dating to the 18th century - and may relate to the early phases of the local coal industry, which played a nationally significant role in shaping the area’s economy and Page 70 of 126
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landscape. While there are no Scheduled Monuments nearby and therefore no anticipated setting impacts, the development has the potential to disturb previously unrecorded archaeological remains associated with early coal mining activity. As the extent and condition of any surviving remains are unknown, Archaeology note that there are insufficient grounds to object to the proposal. However, archaeological mitigation is required to ensure any remains are properly investigated and recorded. They therefore recommend that, prior to any development, the applicant secures a programme of archaeological works in accordance with a Written Scheme of Investigation agreed with the local Archaeology Service. This is expected to include a photographic record of the current site condition, targeted trial trenching over the coal pit location, and the provision for further excavation, analysis and archiving should significant remains be identified. 7. Representations 7.1 Following standard neighbour notification and press advertisement, no representations have been received. 8. Planning Assessment 8.1 Sections 25(1) (a) and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that this application be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan consists of National Planning Framework 4 2023 (NPF4) and the North Lanarkshire Local Development Plan 2022 (NLLDP). National Planning Framework 4 (2023) 8.2 The proposed development demonstrates a generally strong alignment with the requirements of NPF4 Policy 1 - Tackling the climate and nature crises, which requires significant weight to be given to the climate and nature crises in decision-making. The development reuses a vacant brownfield site within an established strategic employment area, supporting the principle of conserving and recycling land assets and minimising additional land take. 8.3 In relation to climate mitigation, the submitted energy information confirms a fabric-first, low-energy design incorporating high insulation standards, airtightness, zero direct-emission heating systems and provision for rooftop solar PV. Both units achieve or exceed the relevant target delivered energy rates, indicating reduced operational carbon emissions and climate adaptation measures are appropriately embedded in line with Policy 1 expectations. The site is not at significant flood risk, and a robust SUDS strategy incorporating attenuation and controlled discharge will manage surface water without increasing off-site flood risk, consistent with NPF4’s resilience objectives. Regarding the nature crisis, ecological assessment and landscaping proposals indicate that although some vegetation will be lost, the scheme delivers some meaningful biodiversity enhancements. These include new native planting, strengthened hedgerow networks, species-rich grassland, and provision for bats and nesting birds, supporting NPF4’s requirement for positive biodiversity effects and strengthened ecological connectivity. Overall, the proposal shows that substantial weight has been given to climate mitigation, climate adaptation and biodiversity enhancement, and it is therefore considered to accord with the aims of NPF4 Policy 1. 8.4 The proposals show strong compliance with NPF4 Policy 2 – Climate Mitigation and Adaptation, which requires development to minimise lifecycle greenhouse gas emissions and adapt to current and future climate risks. The submitted Energy Statement confirms a fabric-first design with high thermal performance, airtight construction and zero direct-emission heating systems, with both units achieving delivered energy performance that meets or exceeds the relevant regulatory targets. These measures demonstrate meaningful reductions in operational energy demand and emissions consistent with the policy’s mitigation requirements. 8.5 Adaptation considerations have also been embedded within the design. The Flood Risk Assessment identifies no significant fluvial or coastal flood risk, and a comprehensive SUDS strategy is proposed to manage surface water through attenuation and controlled discharge, with exceedance routes safely accommodated within the site. This accords with Policy 2’s requirement for development to respond to climate-driven risks such as more intense rainfall and increased surface water pressures. The Design & Access Statement further demonstrates that the buildings have been designed to accommodate future climate conditions, including measures relating to ventilation, thermal comfort, robust materials and layout decisions informed by site-specific risk appraisal. These considerations align with Policy 2’s emphasis on future-proof, resilient development capable of adapting to changing climatic conditions over its lifetime. Overall, the proposals exhibit a clear and proportionate response to the climate mitigation and adaptation expectations of NPF4 Policy 2 and are therefore considered Page 71 of 126
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to accord well with this policy. 8.6 The proposals demonstrate a generally good level of alignment with NPF4 Policy 3 - Biodiversity, which requires major developments to conserve, restore and enhance biodiversity and to ensure that sites are left in a demonstrably better ecological condition than without intervention. The ecological appraisal identifies that the site supports a mix of predominantly low to moderate value habitats, including species-poor grassland, hedgerows and areas of scrub, with nearby non-statutory woodland designations providing local ecological context. This baseline assessment fulfils the requirement to understand the site’s ecological characteristics prior to determining appropriate mitigation and enhancement measures. 8.7 While some existing vegetation, including priority hedgerows, will be lost to facilitate development, the landscaping proposals incorporate substantial compensatory and enhancement planting. These include new native hedgerow corridors, native tree and shrub belts, species-rich grassland, and biodiversity features such as bat boxes and bird-nesting provision. The landscape strategy also improves ecological connectivity by strengthening links between nearby woodland habitats, thereby supporting nature network functionality in accordance with Policy 3 requirements. The development avoids significant adverse effects through design and mitigation, applying the mitigation hierarchy before introducing enhancements. The proposed measures result in a net gain in habitat quality relative to the current baseline and contribute to long-term biodiversity management on the site. This approach accords with Policy 3’s requirement that major developments provide significant biodiversity enhancements secured over an appropriate timescale and integrated with site layout and green infrastructure functions. Overall, the proposals are considered to respond appropriately to NPF4 Policy 3 by demonstrating proportionate ecological assessment, avoidance and mitigation of impacts, and a coherent package of biodiversity enhancement measures. 8.8 The proposals are considered to generally comply with NPF4 Policy 4 – Natural Places, which seeks to protect, restore and enhance natural assets and ensure that development does not result in unacceptable impacts on valued natural features or designated areas. The ecological appraisal confirms that there are no statutory natural heritage designations within the application site, with nearby assets (such as Blacklands Plantation and woodland to the north-west identified as local nature conservation sites rather than nationally or internationally protected areas. As such, Policy 4’s more stringent protections for national and international designations are not engaged. 8.9 The appraisal identifies a range of local-value habitats on the site, including species-poor grassland, hedgerows, scrub and scattered trees, and confirms the presence of priority hedgerows that contribute to local ecological connectivity. The proposed development results in some loss of these features; however, the landscaping strategy provides for compensatory native planting, strengthened hedgerow networks and biodiversity enhancements designed to maintain ecological function and minimise adverse effects in line with the mitigation hierarchy required by Policy 4. There is no evidence that the development would undermine the integrity or qualifying interests of any natural heritage designation, nor are there indications of unacceptable impacts on protected species, subject to implementation of standard mitigation. The proposal incorporates measures such as sensitive lighting, new habitat provision, and landscape buffers which help to safeguard the wider natural environment in accordance with Policy 4’s precautionary approach. Overall, the development is assessed as compatible with NPF4 Policy 4, with potential impacts on local natural features appropriately mitigated and no significant effects anticipated on designated natural assets. 8.10 The proposal is assessed as generally consistent with NPF4 Policy 5 – Soils, which requires development to avoid and minimise disturbance to soils, protect carbon-rich soils, and ensure that undeveloped land is not unnecessarily degraded . The application site comprises previously developed brownfield land with areas of made ground associated with historic tipping and mining activity, rather than undisturbed or carbon-rich soils. 8.11 The development integrates appropriate mitigation informed by the site’s ground conditions, including measures for gas protection, foundation design, and management of made ground, ensuring that soil disturbance is limited to that necessary to enable safe development. Overall, the proposal demonstrates appropriate and proportionate soil management measures consistent with NPF4 Policy 5, with no identified adverse impacts on valued soil resources. 8.12 The proposals are broadly consistent with NPF4 Policy 6 Forestry, Woodland and Trees, which seeks to protect existing woodlands and trees, avoid habitat fragmentation, and support appropriate enhancement and compensatory planting where removal is necessary. The ecological appraisal confirms that the site itself contains only limited areas of scrub, scattered trees and hedgerow vegetation, with no ancient woodland, veteran trees or designated woodland features within the site Page 72 of 126
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boundary. The nearest woodland resources - Blacklands Plantation to the northwest - lies outwith the site and is not directly impacted by the development. 8.13 Some vegetation removal, including sections of hedgerow, is required to facilitate the layout. However, the landscaping strategy provides for extensive native tree and shrub planting, strengthened hedgerow corridors and linear woodland/scrub belts. These measures help maintain and improve ecological connectivity, in line with Policy 6’s emphasis on avoiding woodland fragmentation and enhancing woodland networks where possible. The proposals also introduce new planting in areas identified as appropriate for green infrastructure, reflecting the policy requirement that development on sites containing woodland should integrate enhancement and new tree planting into the design. No loss of ancient, long-established or high-value native woodland has been identified, and the scale of proposed compensatory planting is considered proportionate to the limited vegetation lost. As a result, the development is assessed as compliant with NPF4 Policy 6. 8.14 The proposals are assessed as generally compliant with NPF4 Policy 12 – Zero Waste, which requires development to prioritise the reduction, reuse and recycling of materials, support the circular economy, and ensure that operational waste is managed sustainably. The Design & Access Statement confirms that modern methods of construction, prefabricated elements, and the use of materials with recycled content will be employed where possible, helping to minimise construction waste and reduce embodied emissions. The Planning Statement also highlights the preparation of a material efficiency statement and a Resource Management Plan, ensuring a structured approach to managing construction waste in accordance with the waste hierarchy. 8.15 In terms of operational waste, each unit provides dedicated storage areas for recyclable and general waste, sized and designed in accordance with relevant standards, with access arrangements suitable for efficient refuse collection. This supports Policy 12’s requirement for development to incorporate measures enabling waste separation at source and convenient servicing of waste facilities. Overall, the proposals demonstrate an appropriate and proportionate response to the principles of waste minimisation and the circular economy set out in NPF4 Policy 12 and are therefore considered to comply with the policy. 8.16 The proposals are assessed as broadly compliant with NPF4 Policy 13 – Sustainable Transport, which seeks to prioritise walking, wheeling, cycling and public transport, reduce car-dependence, and ensure that transport impacts are fully understood and mitigated . The site lies within the established Eurocentral employment area and benefits from direct access to the internal road network and the M8 corridor, with existing bus services and active travel routes available within the wider area. The Transport Assessment confirms that the development can be safely accommodated on the surrounding network and that predicted vehicle trip generation would not result in any significant adverse impacts on junction performance or road safety. 8.17 Active travel provision is incorporated within the layout, including dedicated pedestrian connections, covered cycle parking and shower/changing facilities, supporting Policy 13’s requirement for direct, safe and convenient non-car access to the site. The development also provides electric vehicle charging infrastructure, meeting the policy expectation for low-emission vehicle support. A full Travel Plan accompanies the application and outlines measures to encourage modal shift, including travel information, monitoring arrangements and the appointment of a Travel Plan Coordinator, in line with Policy 13’s requirements for significant travel-generating uses. Parking levels are proportionate to the operational needs of Class 5/6 uses, and pedestrian and vehicular movements are clearly segregated to ensure safe internal circulation. Overall, the development integrates appropriate active travel facilities, public-transport accessibility, electric vehicle provision and travel-planning measures. When combined with the findings of the Transport Assessment, the proposal is considered to comply with the aims of NPF4 Policy 13. 8.18 The proposals demonstrate broad compliance with NPF4 Policy 14 – Design, Quality and Place, which requires new development to contribute positively to place quality, respond to local character, and reflect the six qualities of successful places. The Design & Access Statement explains that the site layout, massing and architectural approach have been shaped by a detailed appraisal of site characteristics, surrounding industrial context and operational requirements, ensuring the development integrates appropriately within the established Eurocentral business environment 8.19 The layout provides clear movement hierarchies, separating pedestrian, car and HGV routes, with active frontages delivered through articulated office elements facing McNeil Drive. This helps reinforce legibility and visual quality in line with Policy 14’s expectation for safe, pleasant and well-structured places. The architectural treatment adopts contemporary industrial materials with façade articulation to break down massing and uses durable finishes consistent with the area’s character while enhancing the appearance of the site. Landscape proposals introduce structured planting, enhanced boundaries Page 73 of 126
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and biodiversity-led green infrastructure that soften building edges and contribute to wellbeing and placemaking, supporting the policy’s emphasis on nature-rich and healthy environments. Inclusive design principles are evident through level access, accessible parking, clear pedestrian routes and provision for cyclists. Overall, the development provides a coherent and high-quality employment environment that reflects its strategic industrial setting while embedding placemaking principles required by NPF4 Policy 14. 8.20 The proposals are considered to comply with NPF4 Policy 18 – Infrastructure First, which requires development to be supported by the infrastructure needed to ensure that places function effectively and safely, and that proposals do not outstrip existing infrastructure capacity. The application is accompanied by a comprehensive suite of technical assessments - including transport, drainage, utilities, energy and flood risk - which together confirm that the site can be serviced efficiently using existing strategic and local infrastructure within the Eurocentral employment area. 8.21 The Transport Assessment demonstrates that the surrounding road network has sufficient capacity to accommodate development traffic and that no off-site mitigation is required, supporting the policy requirement for infrastructure capacity to be fully appraised at an early stage. The drainage strategy similarly confirms that foul and surface water can be managed via existing public networks and on-site SUDS, ensuring that the development does not place undue pressure on local water or drainage systems. Utility reviews undertaken as part of the design process confirm the availability of energy, water and service connections within the existing business park, with the layout accommodating necessary easements and service corridors in line with the infrastructure-first approach promoted by Policy 18. Provision for electric vehicle charging, cycle facilities and energy-efficient building systems further supports long-term infrastructure resilience. Overall, the proposal demonstrates that relevant transport, drainage, utilities and servicing infrastructure can support the development without adverse impact, and that infrastructure considerations have been embedded from the outset. It therefore accords with the aims of NPF4 Policy 18. 8.22 The proposals are considered to comply with NPF4 Policy 20 – Blue and Green Infrastructure, which requires development to enhance, integrate and expand blue and green infrastructure networks, support nature restoration, and contribute to climate resilience. The Design & Access Statement and ecological appraisal confirm that the landscape strategy has been developed to deliver multifunctional green infrastructure across the site, including native structural planting, reinforced hedgerow corridors, species-rich grassland, and new habitat features aimed at strengthening ecological connectivity to nearby woodland areas. 8.23 The drainage strategy incorporates a Sustainable Drainage System (SUDS) with attenuation and controlled discharge, and exceedance flow routes have been designed to manage extreme rainfall events safely within the site. This satisfies Policy 20’s expectation that blue-green infrastructure is used to support natural surface water management and improve climate adaptation potential. The landscape proposals also create Amenity areas, breakout spaces and green edges that soften the development and contribute positively to the wider green network within the Eurocentral area. Planting design prioritises native species and long-term ecological enhancement, supporting Policy 20’s requirement for nature-positive design and improved access to naturalised spaces for site users. Overall, the integration of SUDS, habitat enhancement and well-structured landscape planting demonstrates that the development has designed blue and green infrastructure within the scheme. The proposal is therefore assessed as compliant with NPF4 Policy 20. 8.24 The proposals are assessed as compliant with NPF4 Policy 22 – Flood Risk and Water Management, which requires development to avoid increasing flood risk, incorporate sustainable drainage, and safeguard the water environment. The Flood Risk Assessment confirms that the site does not lie within an area of medium or high fluvial or coastal flood risk and is therefore suitable for the proposed use in accordance with the risk-based approach promoted by Policy 22. 8.25 A comprehensive Sustainable Drainage System (SUDS) is incorporated into the scheme, including attenuation and controlled discharge designed to ensure post-development runoff does not exceed greenfield rates. The drainage strategy also demonstrates that exceedance flows can be safely routed within the site, avoiding impacts on buildings and critical infrastructure, and aligning with Policy 22’s requirement for responsible surface water management and climate-resilient design. The development connects to the existing public sewer network for foul drainage, subject to agreement with Scottish Water, and drainage infrastructure has been carefully coordinated with landscape measures to form part of a wider blue-green infrastructure approach. Ground investigation work has been used to inform the feasibility of infiltration and attenuation solutions, ensuring the proposed system is technically robust and responsive to site-specific hydrological conditions. Overall, the submitted assessments demonstrate that the proposals avoid areas of flood risk, manage surface water sustainably and Page 74 of 126
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protect the water environment. The development is therefore considered to accord with the requirements of NPF4 Policy 22. 8.26 The proposals are considered to comply with NPF4 Policy 23 – Health and Safety, which seeks to ensure that new development protects people and places from environmental harm, avoids introducing unacceptable health risks, and incorporates appropriate mitigation where necessary. The policy requires planning authorities to consider matters such as air quality, noise, pollution, hazardous sites, and overall impacts on health and wellbeing. 8.27 The submitted technical assessments confirm that the proposed industrial use can be accommodated on the site without generating significant adverse health-related effects. The Transport Assessment demonstrates that traffic associated with the development can be absorbed within the existing strategic road network without unacceptable impacts on air quality or road safety, supporting Policy 23’s requirement to avoid harm arising from transport emissions or unsafe movement patterns. The site layout also separates pedestrian, car and HGV movements, improving safety within the development. Flood risk and surface-water management have been addressed through a comprehensive SUDS strategy, ensuring that the development does not increase flood risk to people or property. This aligns with the policy’s emphasis on managing environmental hazards and supporting safe, resilient places. No hazardous installations, pipelines or other regulated sites are identified as being directly affected by or in conflict with the proposed development, and the site does not introduce sensitive receptors that would be exposed to undue risk. The Design & Access Statement sets out clear measures relating to site security, lighting and crime-prevention design, further supporting safe access and movement on site. Overall, the proposals are considered to appropriately address health, safety and environmental risk factors and therefore accord with the aims of NPF4 Policy 23. 8.28 The proposals are assessed as fully consistent with NPF4 Policy 26 – Business and Industry, which supports business and industrial development in appropriate, well-serviced locations that contribute to a productive and resilient economy. The application site lies within the Eurocentral-Mossend- Newhouse Strategic Business Centre, an established industrial and logistics hub where Class 5 and 6 uses are explicitly supported by the Development Plan. The Planning Statement confirms that the site is identified for business development and forms part of a nationally significant employment area with excellent strategic connectivity via the M8 corridor. 8.29 The development provides modern, flexible industrial floorspace capable of accommodating a range of general industrial and storage/distribution operations, aligning with Policy 26’s encouragement of employment-generating uses within established business locations. The proposal makes effective use of previously developed land and existing infrastructure, reducing the need for greenfield expansion and supporting efficient land use in line with national policy objectives. The Planning Statement highlights that the scale, form and operational characteristics of the scheme are consistent with the surrounding industrial context and reinforce Eurocentral’s strategic economic role. Infrastructure requirements have been appropriately considered. The Transport Assessment demonstrates that the surrounding road network can safely accommodate development traffic, and utility reviews confirm that the site can be serviced without undue pressure on existing infrastructure - consistent with Policy 26's requirement for well-supported business growth. The design provides good internal circulation, HGV yard arrangements and staff facilities, ensuring operational efficiency for future occupiers. Overall, the proposal represents an appropriate, well-located business and industrial development that supports economic productivity and aligns with the strategic employment function of Eurocentral. It is therefore considered to comply with the aims of NPF4 Policy 26. North Lanarkshire Local Development Plan 8.30 The site lies within the Eurocentral-Mossend-Newhouse Strategic Business Centre, which is identified in the Local Development Plan as a core location for Class 4, 5 and 6 uses and forms part of the Council’s established Industrial & Business Land Supply. Policy PROM LOC 2 – Business Development Sites directs business development to these strategic locations and supports the development of marketable and previously developed land where proposals are compatible with the centre’s role and function. 8.31 The proposed Class 5/6 industrial and distribution use is fully aligned with the Purpose of Place for Strategic Business Centres (Policy PP 2A), which specifically encourages large-scale industrial and logistics activity and seeks to safeguard these areas from dilution by non-ancillary uses. The development does not introduce any high-footfall or town-centre uses, and therefore no sequential assessment is required. Measures assessed under NPF4 Policies 1 and 2 demonstrate that the proposal makes efficient use of a serviced, brownfield site and delivers modern, low-carbon industrial floorspace consistent with the upgrading and reinvestment aspirations for strategic business locations. Page 75 of 126
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Matters assessed under NPF4 Policies 3, 4 and 20 confirm that ecological effects are limited and can be mitigated, with proposed native planting and green infrastructure enhancements consistent with the LDP’s requirement that development should not compromise local environmental assets. 8.32 Transport and access arrangements assessed under NPF4 Policy 13 show that the site is appropriately connected to the strategic road network and that internal arrangements for HGVs, cars and active travel meet expected standards. These findings align with PROM LOC 2 and PP 2A, which require that development supports the operational effectiveness of business centres and does not undermine their accessibility. Infrastructure and servicing, including drainage and utilities (NPF4 Policies 18 and 22), have been demonstrated as capable of being accommodated within existing networks with appropriate on-site SUDS and servicing solutions. This supports the Policy PROM LOC 2 requirement that development in business locations should be compatible with available infrastructure and wider environmental policies. 8.33 Overall, the proposals constitute an appropriate form of business and industrial development within a designated Strategic Business Centre. When considered alongside the positive findings under the relevant NPF4 policies, the development is assessed as compliant with Policy PROM LOC 2 and is consistent with the strategic economic role of Eurocentral within the adopted Local Development Plan. 8.34 In terms of policy PROT A – Natural Environment and Green Network Assets the site does not contain, nor is it immediately adjacent to, any internationally or nationally designated natural heritage assets, such as SACs, SPAs or SSSIs, as identified within Policy PROT A Categories A1 and A2. The site does, however, contain elements of the local natural environment, including hedgerows and general urban green network features that fall under Policy PROT A Categories A3 and A4. The ecological appraisal supporting the application confirms that these habitats are of local ecological value, and while some will be lost to accommodate the development, appropriate mitigation and enhancement measures are proposed. This aligns with the policy requirement that proposals affecting local nature conservation assets should demonstrate either no adverse impact or impacts that can be suitably mitigated in environmental terms. 8.35 The measures proposed - including new native planting, strengthened habitat corridors, biodiversity features and integrated SUDS - are consistent with the positive assessment already established against NPF4 Policies 3, 4 and 20, which address biodiversity enhancement, natural place protection and blue-green infrastructure and confirm that significant adverse ecological effects are unlikely and that the development incorporates meaningful nature-positive design interventions. Policy PROT A also requires consideration of protected species and the wider green network. The ecological assessment identifies no unmitigable impacts on protected species and provides an evidence-based mitigation hierarchy, supported by landscape proposals that retain and enhance green network connectivity. This approach is compatible with both PROT A (Categories A4 and A5) and the NPF4 assessments of biodiversity, green infrastructure and flood-resilient landscape design. Overall, the proposal demonstrates that effects on the natural environment and green network have been appropriately assessed and mitigated, and that the development incorporates enhancements consistent with both national and local policy expectations. The proposal is therefore considered to comply with Policy PROT A of the North Lanarkshire Local Development Plan. 8.36 Policy CI requires new development to contribute to any additional infrastructure needs it generates, and in this case the relevant matters for consideration are impacts on transport and green infrastructure given that the development is for Class 5/6 employment uses and does not introduce new residential population. 8.37 In terms of transport infrastructure, the Transport Assessment confirms that the surrounding road network has sufficient capacity to accommodate the development and that no off-site mitigation works are required and aligns with the assessment under NPF4 Policy 13 above, which demonstrates that the proposal supports safe and efficient movement and does not place undue pressure on existing infrastructure. With regard to green infrastructure, in this case, the proposed landscaping, SUDS ponds, habitat provision and green infrastructure corridors provide an appropriate level of on-site enhancement and aligns with the assessment under NPF4 Policies 3, 4 and 20, which collectively confirm that the development strengthens biodiversity and contributes to local green-network functions. No requirements have been identified in respect of utilities infrastructure, with the drainage and utilities assessments confirming that connections can be made to existing networks without generating additional capacity pressures and as noted above accords with NPF4 Policies 18 and 22 relating to infrastructure capacity and water management. 8.38 Overall, the proposal does not give rise to any identifiable off-site infrastructure deficiencies requiring developer contributions. The development is therefore assessed as compliant with Policy CI, with all Page 76 of 126
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infrastructure matters satisfactorily addressed through on-site design measures and the supporting technical assessments. 8.39 Policy EDQ 1 requires all development proposals to be informed by a thorough appraisal of the site and its surroundings, ensuring that new development integrates successfully, avoids adverse impacts on amenity, and responds to the physical, environmental and contextual factors present on and around the site. The policy sets out a broad list of matters to be addressed including massing, surrounding land uses, access and movement, utilities, green network features, ground conditions, flood risk, biodiversity, and built/natural features of interest. 8.40 The submitted Planning Statement, Design & Access Statement and supporting technical reports collectively provide an appraisal consistent with the expectations of EDQ 1. The site is a previously developed plot within the Eurocentral Strategic Business Centre, and the assessment of context confirms that the surrounding area is characterised by large-format industrial and logistics buildings. This aligns with earlier NPF4 findings that the proposal is compatible with the established character and use of the wider area (NPF4 Policies 1, 2, 14 and 26). 8.41 Ground conditions, contamination, and stability have been considered through the site investigation, consistent with EDQ 1 requirements relating to ground quality and utilities infrastructure. Flood risk and drainage matters have been addressed through a Flood Risk Assessment and SUDS strategy, which satisfy both EDQ 1 considerations and under NPF4 Policy 22. Access, movement and transport matters have been appropriately appraised, with safe and efficient vehicle, HGV and pedestrian routes incorporated within the design. These matters align with EDQ 1’s requirement to consider accessibility and connections, and are supported by the Transport Assessment, which concluded (in line with NPF4 Policy 13) that the surrounding network can accommodate the development without adverse impact. In relation to landscape, biodiversity and green network assets, the submitted ecological appraisal and landscape strategy identify the site’s existing habitats and set out mitigation and enhancement measures. This satisfies the EDQ 1 requirement to identify natural features, green network assets and biodiversity interests on and around the site and is consistent with the assessment above under NPF4 Policies 3, 4 and 20. No heritage constraints have been identified on or adjacent to the site, and the proposal therefore raises no conflict with EDQ 1 criteria relating to built heritage or archaeological interest. 8.42 Overall, the submitted information demonstrates that the proposal is founded on a comprehensive and proportionate site appraisal, addressing the full range of considerations required by EDQ 1. The development therefore complies with Policy EDQ 1 of the North Lanarkshire Local Development Plan. 8.43 Policy EDQ 2 requires development proposals to demonstrate that any site-specific constraints - including hazardous zones, flood risk, contaminated land, ground instability, utilities infrastructure, air quality and noise management areas - have been fully considered and appropriately mitigated. The policy emphasises that development must accord with the requirements of relevant regulatory bodies, including HSE, SEPA and utility providers, and that proposals in constrained areas must be supported by proportionate technical assessment. 8.44 The site does not fall within any Health and Safety Executive (HSE) consultation zones, nor is it affected by major hazard pipelines or installations. Ground conditions have been fully assessed through the submitted site investigation, which identifies made ground and historic disturbance but confirms that appropriate foundation design and gas protection measures can be implemented. This aligns with EDQ 2 requirements to assess contamination and ground instability and to secure necessary mitigation where required. The Flood Risk Assessment confirms that the site is not located within a functional floodplain and that flood risk from all sources is low. The proposed SUDS strategy appropriately manages surface water and ensures safe exceedance routing. These findings are consistent with both EDQ 2 obligations and the assessment already made under NPF4 Policy 22. 8.45 The site layout has been designed to avoid conflict with existing utilities and to allow appropriate service connections, in line with EDQ 2 requirements relating to pipelines, cables and service infrastructure. No utility conflicts or constraints have been identified that cannot be accommodated within the proposed design. The site does not lie within an Air Quality Management Area or Noise Management Area as defined in the Local Development Plan. The proposed operational use is compatible with the industrial/business character of Eurocentral and is not expected to introduce sensitive receptors. This aligns with EDQ 2, which requires that development in or near such areas demonstrate mitigation or avoidance of impacts. The assessment under NPF4 Policy 23 also identifies no unacceptable health or amenity effects. 8.46 Overall, the proposal appropriately identifies and responds to the specific site constraints outlined in Page 77 of 126
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Policy EDQ 2, and all issues are shown to be capable of mitigation. The development is therefore considered to comply with NLLDP Policy EDQ 2. 8.47 Policy EDQ 3 requires development to achieve high standards of site planning and sustainable design, informed by the site appraisal (EDQ 1) and any identified constraints (EDQ 2). The policy sets out detailed expectations relating to place quality, accessibility, climate mitigation and adaptation, water management, landscape, biodiversity, heritage protection and resource efficiency. 8.48 The layout provides clear internal circulation routes, appropriately separates HGV, car and pedestrian movements, and reflects the established scale and form of modern industrial buildings within the Eurocentral Strategic Business Centre. This is consistent with EDQ 3’s requirement for a coherent approach to siting, layout, massing and materials, and aligns with NPF4 Policy 14 regarding design quality and contextual response. Connections for walking and cycling, level access arrangements, and covered cycle parking contribute to a safe and inclusive environment. These measures satisfy EDQ 3’s requirements relating to movement, safety and accessibility and reinforce the compliance already identified under NPF4 Policy 13 on sustainable transport. The development incorporates a fabric-first approach, air-tight construction, zero-direct-emission heating and provision for rooftop PV, meeting EDQ 3 requirements on energy efficiency, carbon reduction and low-carbon technologies and align with NPF4 Policies 1 and 2, demonstrating that the proposal meaningfully contributes to climate mitigation and adaptation. 8.49 EDQ 3 requires provision for next-generation digital connectivity. Service corridors and infrastructure layouts accommodate the installation of fibre connections in line with modern industrial standards. No details are provided but it is anticipated that the modern nature of the proposed new building will incorporate such standards. The site is not within an Air Quality or Noise Management Area, and the proposed use is compatible with the surrounding industrial context. Noise and air-quality effects are therefore expected to be minimal, consistent with EDQ 3 and the assessment under NPF4 Policy 23, which identified no unacceptable health or amenity impacts. Surface-water management through a sustainable drainage system, attenuation features and defined exceedance routing complies with EDQ 3 requirements to protect waterbody status and implement SUDS. These conclusions mirror the assessment already reached under NPF4 Policy 22 on flood risk and water management. New native planting, species-rich grassland, strengthened hedgerows and biodiversity features ensure that the development contributes positively to the green network. These measures satisfy EDQ 3’s requirements for landscape enhancement and the safeguarding of existing features, and align with earlier conclusions under NPF4 Policies 3, 4 and 20, which confirmed that the proposal delivers biodiversity and green-infrastructure benefits. No historic environment assets are present on or adjacent to the site, and ecological features have been assessed and mitigated in accordance with PROT A and NPF4 requirements. EDQ 3’s expectations regarding protection and enhancement of natural and historic interests are therefore met. 8.50 Overall, the proposal demonstrates that high-quality, sustainable design principles have been applied across layout, landscape, energy, movement and environmental management. The development is therefore considered to comply with NLLDP Policy EDQ 3. 9. Conclusions 9.1 In conclusion, it is considered that the proposal accords with the development plan and represents an appropriate reuse of serviced brownfield land within a designated Strategic Business Centre and has been demonstrated to comply with the relevant policies of NPF4 and the North Lanarkshire Local Development Plan. Technical assessments confirm that environmental, infrastructure, design and amenity considerations can be satisfactorily addressed, and the development will deliver modern industrial floorspace that aligns with the area’s strategic economic function. Page 78 of 126
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North Lanarkshire Council Report Planning Committee Does this report require to be approved? ☒ Yes ☐ No Ref: GPT-E&C-001 Date 18/06/26 Compulsory Purchase Order 59 Main Street, Coatbridge From Pamela Humphries, Chief Officer (Place) E-mail humphriesp@northlan.gov.uk Executive Summary The purpose of this report is to seek approval to promote a Compulsory Purchase Order (CPO) in relation to a ground floor property at 59 Main Street, Coatbridge (“the Order Land”). The Order Land is identified in the Order Map in Annex 1 with an overall Site Plan and Property Plan in Annexes 2 and 3 respectively and is part of a larger redevelopment proposed on the site on Main Street (the “Scheme Site”) aimed at providing affordable rented housing within the town centre (“the Scheme”). Planning application ref. 23/00073/FUL (described as “Flatted Development of 49 Units (Including Demolition of Existing Buildings, Construction of 5 Flatted Blocks and Change of Use of Retained B Listed Building)” was submitted by North Lanarkshire Council for the redevelopment of Main Street, Coatbridge and this application was approved by Delegated Authority on 2nd February 2024. The Council has acquired nine of the properties on this site to enable development but has been unable to reach final agreement with the last remaining private owner, 59 Main Street, to purchase the property on a voluntary basis. Acquisition is required to allow the redevelopment to be progressed and enable the wider project aims of the project to be achieved. Section 189(1)(a) and (b) of the Town & Country Planning (Scotland) Act 1997 (the “1997 Act”)) allows Local Authorities to exercise powers relating to the compulsory acquisition of land for development and other planning purposes under certain circumstances. Those powers apply in this instance, and the following report is to seek Committee’s agreement to promote a CPO. Recommendations It is recommended that the Committee: ii) Approve the making of a Compulsory Purchase Order for the property at 59 Main Street, Coatbridge together with all common rights pertaining thereto which property is shown on the plan annexed to this Report at Annex 1 for the purpose of supporting the proper planning of the area. Noting that the Council will also continue to seek to acquire the property through voluntary negotiation and agreement; Item 3 Page 79 of 126
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1. Background 1.1 The Economic Regeneration Delivery Plan (ERDP) is a high-level economic development framework which is aligned to the composite capital programme and delivers on the first priority of The Plan for North Lanarkshire – improving economic outcomes and opportunities for all. 1.2 The ERDP was approved by Enterprise and Growth Committee in 2019 and covered the timeframe 2019-2023. The ERDP has now been refreshed and updated into the 2023-28 ERDP. The ERDP aims to ensure that the council continues to focus on investment in physical regeneration across four inter-related themes: • developing housing that promotes improved quality of life and creates a better place to live; • reshaping our town centres to ensure that these provide modern and attractive centres that meet the needs of our communities; • improving our business and industrial infrastructure, creating opportunities investment and for companies to start-up or relocate here; • continuing to improve our connectivity and develop new opportunities by transforming our road, rail and digital infrastructure. 1.3 In support of the ERDP, in 2019 the Council approved the North Lanarkshire Council Mixed Use Town Centres strategy which aimed to promote a strategy of multi-use town centres including an increase in residential properties to help facilitate an improvement of the economic outcomes for all North Lanarkshire’s towns. 1.4 This was further enhanced in September 2021 with the Council approval of the Town Visions covering each of North Lanarkshire’s eight town centres. 1.5 The Council’s Local Housing Strategy (2021–2026) supported by the Strategic Housing Investment Plan has six strategic outcomes, including priorities to (amongst others) promote supply of good quality affordable housing across all tenures, contribute to regeneration and sustainability of places and improve stock condition across all tenures. 1.6 The New Supply programme alone aims to achieve 6,000 new affordable homes by 2035 across North Lanarkshire. ii) Gives Authority for the Chief Officer (Legal, Democratic and Strategy) to prepare all Compulsory Purchase Order documentation and to take all necessary steps including publication of all statutory notices to secure Confirmation of the Order by the Scottish Ministers and the Vesting of the land in the Council. The Plan for North Lanarkshire Priority Improve economic opportunities and outcomes Ambition statement (2) Refocus our town centres and communities to be multi- functional connected places which maximise social, economic, and environmental opportunities Page 80 of 126
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1.7 These strategies aim to promote an increase in town centre residential use by identifying and delivering transformative town centre projects with a particular focus on new residential provision. 1.8 The combination of these interlinked strategies provides the context to this report and ultimately facilitated the approval for the redevelopment of this site to occur. Main Street, Coatbridge 1.9 The Scheme Site required for the proposed redevelopment encompasses a town block from Academy Street to Church Street fronting onto Main Street, Coatbridge at the western edge of the pedestrianised zone in the town centre and encompasses an area of 0.6 acres. The Order Land forms part of the Scheme Site and comprises the vacant ground floor retail unit of the former Royal Bank of Scotland at 59 Main Street, Coatbridge. The building is an early 20th Century Grade B Listed sandstone property on the corner of Main Street and Church Street in a prominent position. The Scheme Site is in the centre of the Coatbridge: Blairhill and Dunbeth Conservation Area and the Order Land is one of sixteen listed buildings within the conservation area. 1.10 In March 2017, fire destroyed the privately owned properties at 39-51 Main Street and 2 Academy Street. Following the fire, the property owners worked with their insurers to undertake demolition works and make the site safe. With a declining market for commercial units in Coatbridge, the site was left in a derelict state, and no redevelopment works were undertaken. 1.11 In November 2018 the Economic Regeneration Delivery Plan (ERDP) Board (comprising Chief Officers from the Council and established to oversee the development and delivery of ERDP) approved a proposal to initiate land acquisition of the demolition site and surrounding properties. This would tackle a vacant and derelict site within the heart of the town centre and facilitate redevelopment for residential accommodation. 1.12 North Lanarkshire Council’s Estates and Legal teams were instructed to proceed with title searches of the properties and vacant land. In total, this covered 10 sites / properties. 1.13 The District Valuer (DV) was instructed to undertake a valuation of the properties in March 2019. A list of the properties and purchase dates is provided at Annex 5. 1.14 In November 2019, the ERDP Board approved the procurement of an external design team to provide design options for the overall redevelopment of the site and provision of residential accommodation within a town centre environment which resulted in the development of the Council’s proposed Scheme 1.15 The project was approved by the Housing Committee on 31 August 2022 for inclusion on the New Supply programme and the Strategic Housing Investment Plan (SHIP). 1.16 Planning application ref. 23/00073/FUL (described as “Flatted Development of 49 Units (Including Demolition of Existing Buildings, Construction of 5 Flatted Blocks and Change of Use of Retained B Listed Building)” was submitted by North Lanarkshire Council for the redevelopment of Main Street, Coatbridge and this application was approved by Delegated Authority on 2nd February 2024. Page 81 of 126
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1.17 Negotiations between the property owners and the DV led to the purchase of seven of the sites / properties within the Scheme Site by 2021. Negotiations with the three remaining owners continued and agreements were finally reached with the owner of the vacant land at the rear of the development site in March 2023 and the former Woolworths building at 55-57 Main Street in May 2025. 1.18 The last remaining property within the Scheme Site is 59 Main Street. This is a retail unit on the ground floor of the Grade B listed building and was latterly leased to Lloyd’s pharmacy. The upper floor of the listed building was formerly operated as Frequency nightclub. This property was voluntarily acquired by the Council with the adjacent Smith’s Pub (3 Church Street) in March 2021. Both of these properties had been vacant for a number of years with the condition of the building deteriorating to the point that it was no longer wind and watertight at the point of acquisition. 1.19 Following acquisition of 1 and 3 Church Street (the upper floor of the listed building) the Council has undertaken repair works due to the dilapidated state of the roof. Preparatory works have also been undertaken in anticipation of refurbishment works commencing. 1.20 The ground floor unit at 59 Main Street has been on the market to let over a number of years and has now been vacant for approximately 10 years. There is an oversupply of retail / commercial property in Coatbridge making it difficult to find uses for vacant units. 1.21 Neither the Council nor the DV has been able to establish meaningful ongoing dialogue with the owner of the ground floor property since initial contact was made in 2019. 2. Report 2.1 As outlined at point 1.11 and 1.14 above, the ERDP Board approved the appointment of an external design team. In 2020 DO Architecture were appointed to undertake an options appraisal and design for the redevelopment of this area. 2.2 Progress with design work was delayed due to Covid however this was completed in late 2022 with a preferred option for redevelopment being identified for the Scheme Site and resulted in the development by the council of the proposed Scheme. 2.3 The proposed redevelopment at Main Street has been progressed through the following planning applications:- • 23/00073/FUL - Flatted Development of 49 Units (Including Demolition of Existing Buildings, Construction of 5 Flatted Blocks and Change of Use of Retained B Listed Building), Approved February 2024 • 23/00075/LBC - Adaptive Re-Use of Category-B listed Building to provide 6 Flats (Part of Regeneration Scheme total 49 Flats), Approved December 2023 • 23/01250/CAC - Demolition of Buildings within Conservation Area for New Flatted Residential Development, Approved January 2024. 2.4 The acquisition of the premises at 59 Main Street provides the Council with an opportunity to greatly enhance this area of the town centre. Without this property the proposed development would not be able to deliver the outcome of 49 town centre residential units as the development would not be viable, practically or financially. Page 82 of 126
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2.5 Part VIII of the 1997 Town and Country Planning (Scotland) Act (the “Act”) sets out the process which allows Local Authorities to exercise powers relating to the compulsory acquisition of land for development and other planning purposes. Section 189(1) of the 1997 Act confers the power to the local authority to acquire compulsorily any land in its area which: (a) Is suitable for and required in order to secure the carrying out of development, redevelopment and improvement, and (b) Is required for a purpose which is necessary to achieve in the interests of the proper planning of an area in which the land is situated. 2.6 In this instance, the Chief Officer (Place) considers that the properties in question are suitable for redevelopment and that without a Compulsory Purchase Order, the last property remaining within private ownership would prevent the proper planning and overall redevelopment of the area. 2.7 Section 189(2) requires that, in considering whether land is suitable for development, redevelopment or improvement, a local authority shall have regard to the following three criteria: (a) The provisions of the development plan, so far as material (b) Whether planning permission for any development on the land is in force, and (c) Any other considerations which would be material for the purposes of determining an application for planning permission for development on the land. The Proposed Scheme 2.8 The Scheme will see a listed building and a partially vacant and derelict site brought back into productive use by the construction of a 49-unit affordable housing development through the construction of 43 new one and two bedroomed flats and conversion of the Grade B listed building (which includes the Order Land) into 6 one bedroomed flats. 2.9 The Scheme is essential to prevent further decline and to bring this important street frontage back into use. It will comprise 6 residential ‘blocks’ stitched together to form a cohesive site perimeter along with a shared rear court featuring external amenities. Vehicular and pedestrian access to the rear court area is achieved via Church Street where pedestrian priority is established via the introduction of hard and soft landscaping demarcating safe walking routes. 2.10 All 49 residential units within the Scheme will be built to the Scottish Government’s Housing for Varying Needs (HFVN) Standards. This results in homes that are suitable for people of all abilities, with the built form of the housing flexible enough to accommodate a range of needs over time. Some examples of design features which will meet HFVN standards include: step free access, wider door openings, accessible switches, handrails on stairs and bathrooms that can be adapted into shower rooms. 2.11 The new homes will meet, as a minimum, the Scottish Governments Silver Standard - Aspects 1 and 2 - for Energy Efficiency. They will also comply with the current building regulations at the time of tender submission. This will result in new occupants having high quality, well insulated homes with low heating costs. The new homes will be consistent in design alignment with the North Lanarkshire Council Net Zero Carbon Target of 2030. Page 83 of 126
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2.12 All new build projects progressed by the Council are designed with security in mind and achieve Secure by Design accreditation. Some of the design features include designing windows that overlook common areas to improve surveillance, greater door and window standards to improve security, avoiding dark recessed areas and door viewers or peepholes, all of which mean the new homes will be fit for purpose and provide a safe community space for future residents. 2.13 The redevelopment of the Scheme Site would convert both the upper and lower floors of this building and will allow for this landmark category B listed building to be retained without detriment to the character of the Conservation Area, all in accordance with the proper planning of the area. 2.14 The development, whilst contributing to the overall aims of the ERDP, will increase residential accommodation within the town centre which will help drive an increase in footfall for the remaining retail units on the Coatbridge high street. 2.15 Compulsory acquisition is therefore essential to prevent further deterioration and to ensure responsible stewardship and the benefit of meaningful occupation is in place for this significant property. As far as the Council is aware the current owner has no proposals to refurbish or maintain the Order Land to enable it to be brought back into use. 2.16 Difficulties in physical and design terms mean that it would be unlikely that only the upper floor of the listed building could be developed by the council as affordable housing. Integrating this building into the wider new-build project effectively brings the cost per unit down to a more reasonable alignment. From a practical standpoint, the building requires careful, holistic conservation. Attempting to achieve this with a disengaged ground-floor owner would result in a partially protected building at a disproportionate cost. 2.17 Partial conversion limited to the Council-owned upper floor is not financially viable due to the need for comprehensive fire, acoustic and structural upgrades that cannot be designed, implemented or certified without access to the ground floor. The current owner’s refusal of access prevents essential fireproofing, noise mitigation, drainage installation and structural works. 2.18 A proposed work around solution of completing the required works from the first floor as an internal envelope would not only be extremely costly to the point of prohibitive, but would also result in double loading on the historic masonry wall due to combining the dead weight of the current floor with a secondary construction above which could be excessive and unsustainable for a building of this age. 2.19 The requirement for access to the property is heightened by the prolonged period of flooding experienced in the neighbouring property at 55-57 Main Street. While it is difficult to fully assess the extent of the damage without internal access to the ground floor, the risk to the shared timber floor construction is certainly present and critical. Water ingress causes a cascade of consequential structural issues, including black mould, dry rot, and wet rot, which puts the fabric of the entire listed building at risk. 2.20 In addition, retaining the existing access arrangements to the listed building would severely constrain the layout, potentially reducing unit numbers and undermining viability; accordingly, full acquisition is necessary to enable compliant refurbishment, protect the asset and secure the scheme’s delivery. Page 84 of 126
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2.21 While there is an existing internal staircase from the ground to the first floor, the consented proposals rely on constructing a new, external staircase outside the existing building footprint. This ensures the new access is fully compliant with current building standards regarding rise, run, and the number of risers, while also allowing the circulation areas to be appropriately lobbied from escape routes. Serious concerns have been raised about the practicality of constructing this new external staircase if the whole building is not in the Council's possession, particularly regarding the ability to grant access and secure consent for necessary changes to the building (especially considering the ground-floor owner has yet to grant any access for basic surveys). 2.22 Taking the above into consideration, it is unclear at present how the Council could bring the upper floor back into productive use if the Order Land remains in private ownership. 2.23 Given the oversupply of retail in the area, it seems unlikely that the Council would be able to rent out or sell the property for retail given its location on upper floor and accessibility issues. In addition, any prospective change of use from commercial to residential by a private owner would necessitate the installation of fire separation measures between floors, which would further constrain the pool of potential purchasers and adversely affect the achievable value of the upper floor. 2.24 In the absence of ownership of the Order Land, the deliverability of the Scheme is compromised. Although it might be possible to develop a scaled back affordable housing development on the remainder of the Scheme site this would not be cost effective because it would mean that the redevelopment project would no longer be economically viable for the council. 2.25 Any reduced residential development around the site would also severely restrict any future commercial uses on the upper floor due to the proximity of the new residential properties. For example, its previous use as a nightclub would be entirely incompatible and unwelcome if any residential development was delivered and occupied. The Scheme Justification 2.26 The Scheme will provide substantial benefits to the area as follows:– • It restores and preserves the life of a Grade B listed building within the Coatbridge: Blairhill and Dunbeth Conservation Area bringing it back into productive use without detriment to the character of the Conservation Area and in accordance with the proper planning of the area and with existing planning permission. • Helping to address the local demand for affordable housing in the Coatbridge area with the provision of 49 new energy efficient homes. • Facilitates the removal of vacant buildings and a derelict site bringing the site back into productive use with a mix of new and conversion residential properties. This will enhance the character and visual appeal of the area • Generation of economic and social benefits for the town through increased footfall within the town centre leading to additional spending within the local economy such as retail, hospitality and leisure. Page 85 of 126
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2.27 Alternative options have been considered, and the Council has concluded that the Scheme represents the only feasible option to bring this landmark listed building and the adjacent vacant and derelict land back into productive use within a reasonable timescale. 2.28 The Scheme has the benefit of planning permission and is supported by or consistent with relevant planning and other policy and strategies at a national and local level. 2.29 The CPO is required as it is unlikely that the Order Land will be acquired voluntarily and/or within a reasonable timescale. The Scheme Funding 2.30 The Council’s latest Strategic Housing Investment Plan (SHIP) for the period 2026/27 – 2030/31 includes the delivery of 49 properties at Main Street, Coatbridge. This reflects the strategic ambition to deliver much needed homes within Coatbridge town centre. The main purpose of the SHIP is to ensure that the financial resources available through the Scottish Government's Affordable Housing Supply Programme (AHSP) are effectively targeted to deliver new and improved housing to meet local housing priorities. It is reasonably expected that Scottish Government More Homes Grant funding will be awarded. 2.31 The balance of capital funding (in addition to the per unit grant available from the Scottish Government AHSP) is available from within the Council's Housing Revenue Account Capital programme for the new supply programme to fund the new build development of the site. 2.32 The necessary funding for the Scheme, including the costs associated with the compulsory acquisition of land and payment of any compensation due are therefore available to the council. 2.33 A Statement of Reasons in support of the CPO is being progressed and will include further detail on the Scheme and the justification for the CPO sets out why there is a compelling case in the public interest for making the Order which justifies the overriding of private rights. The Statement of Reasons will be submitted to the Scottish Government as part of the CPO process. 2.34 The balance to be struck between individual rights and the wider public interest has been carefully considered. The property owner will be appropriately compensated based on an independent open market valuation undertaken by the District Valuer. For the reasons set out in this report, it is considered that there is a compelling case in the public interest for promotion of the CPO. The compulsory purchase of the Order Land is considered necessary and proportionate in the circumstances. 2.35 Considering the above, the proposed Compulsory Purchase Order meets the requirements to be progressed under planning legislation, and the report recommendations are provided above. It is considered that the powers under the 1997 Act are the most relevant powers to use to secure the Order Land for the purpose of achieving the proper planning of the area, securing redevelopment by the conversion of a Grade B listed building and the construction of new high-quality housing. Page 86 of 126
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3. Measures of success 3.1 The acquisition of the properties at 59 Main Street helps the Council meet its objectives set out in the ERDP and The Town Visions:- • The provision of 49 new high quality affordable homes in line with current standards, in particular enhanced energy efficiency • Meeting local housing demand via delivery of new homes within a town centre gap site • Creation of a new well-connected, permeable neighbourhood in line with placemaking and active travel principles • Generation of positive local economic outcomes via supply chain delivery and associated Community Benefits to be delivered via the construction phase of the regeneration project 4. Supporting documentation Annex 1 – Order Map Annex 2 – Site Scheme Plan Annex 3 – Property Plan Annex 4 – Photos of 59 Main Street Annex 5 – Property List and Acquisition Dates Pamela Humphries Chief Officer (Place) Page 87 of 126
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your- community/equalities/equality-and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? Costs associated with promoting a CPO and the eventual purchase of the property together with any compensation due have been set aside within the Economic Regeneration allocation as part of the Council’s Composite Capital programme. Funding for the scheme will be provided via the Scottish Government’s Affordable Housing Programme Supply and the Council’s Housing Revenue Account (HRA) 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The Chief Officer (Legal, Democratic and Strategy) has been consulted in the preparation of this report and committee is asked to authorise the progression of the CPO process. Page 88 of 126
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5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Risk assessment undertaken for the project to cover the relevant acquisitions, demolitions and statutory applications. The biggest risk is in relation to timescales and costs involved in promoting a CPO for the remaining property within the development site. Currently there is one property that still need to be acquired in order for the development of this site to proceed. Failure to acquire this property will severely impact the project viability. Page 89 of 126
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5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in- Service or ex-Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 90 of 126
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Annex 1 – Order Map Page 91 of 126
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Annex 2 – Site Plan Page 92 of 126
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Annex 3 – Property Plan Page 93 of 126
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Annex 4 – Photos of 59 Main Street Page 94 of 126
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Annex 5 – Property List and Acquisition Dates Property Address Purchase Date 8-10 Academy Street 3 September 2020 6A Academy Street 21 August 2020 4-6 Academy Street 3 September 2020 2 ½ Academy Street 30 October 2020 39-41 Main Street 16 September 2020 43-53 Main Street 28 October 2020 Land to the rear of 53 Main Street 30 March 2020 1-3 Church Street 31 March 2021 55-57 Main Street 1 May 2025 59 Main Street Property subject to proposed CPO Page 97 of 126
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North Lanarkshire Council Report Planning Committee Does this report require to be approved? ☒ Yes ☐ No Ref GMcC Date 18/06/26 26/00264/ENV - Postponement of the Review of Old Mineral Permission 10/00830/MIN at Duntilland Quarry, Duntilland Road, Salsburgh From Pamela Humphries, Chief Officer (Place) E-mail mccrackengwen@northlan.gov.uk Telephone Gwen McCracken, Planning Manager (Invest NL) Tel: 07901 931965 Executive Summary Mineral planning permission 10/00830/MIN for the extraction of 54.8MT of hard rock at Duntilland Quarry, Duntilland Road, Salsburgh was approved on 8th December 2011. The application was subject to a Section 75 Legal Agreement to secure the restoration and aftercare of the quarry and its extension, and an Agreement under Section 96 of the Roads (Scotland) Act 1994, to cover repairs to the junction of the quarry access to Duntilland Road and its junction with the B7066. The planning conditions attached to the consent are provided in Appendix 1 of the report. Mineral planning permissions are subject to initial review and/or periodic review to enable Planning Authorities to review existing conditions and/or impose updated conditions on historic permissions to ensure that conditions imposed remain appropriate in terms of mitigating any impacts and that the site can be satisfactorily restored. Reviews can be carried out fifteen years after the date of the approval and this mineral planning permission is subject to a first periodic review. The applicant proposes to postpone the date of review of mineral permission 10/00830/MIN to 8th December 2040. This report seeks to assess this request and for the reasons detailed in the report seeks agreement from the committee not to postpone the review of the planning conditions attached to 10/00830/MIN and that an application for review of old mineral permission is submitted. Recommendations It is recommended: 1. The Committee refuse the request to postpone the review of the old mineral permission 10/00830/MIN for the following reasons: Postponement of the first periodic review of the permission would defer the Planning Authority’s statutory opportunity to consider whether the existing restoration, aftercare, environmental safeguards and mitigation remain adequate and would also prejudice the Planning Authority’s ability to consider whether the level of existing financial provisions secured by a S75 Agreement (i.e. the restoration bond) is likely to be sufficient to cover the restoration costs at the Item 4 Page 99 of 126
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deferred review date in December 2040. Changes to development plan policy and guidance since the time when the mineral permission was granted in December 2011 also necessitate a review of the existing conditions to ensure that they align with current policy and best practice. Moreover, both SEPA and NLC Greenspace & Country Parks have indicated that the existing conditions are no longer satisfactory in relation to potential impacts on peat and carbon rich soils, biodiversity mitigation, compensation and restoration. 2. The Committee agree that the applicant be required to submit an application for a Review of Old Mineral Planning Permission 10/00830/MIN by Tuesday, 8 December 2026. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (17) Ensure we keep our environment clean, safe, and attractive Programme of Work Transforming Places Page 100 of 126
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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: 26/00264/ENV Name (of applicant): Holcim UK Limited Site Address: Duntilland Quarry Duntilland Road Salsburgh North Lanarkshire Development: Postponement of the Review of Old Mineral Permission (Reference: 10/00830/MIN) Page 101 of 126
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1. Background 1.1 Duntilland Quarry is a hard rock quarry located immediately north of the M8 Motorway, 1km northeast of the village of Salsburgh and 5km northwest of Shotts. Duntilland Road is located immediately west of the quarry site boundary and Dewshill Colliery is circa 300m east of the site boundary. Access to the site is from the B7066 at the junction with Duntilland Road. The closest residential property to the quarry site is Duntilland Farm, which is approximately 500m west of the site. A row of residential properties lies circa 800m southeast of the site boundary on Forrest Road, on the south side of the M8 motorway. 1.2 Duntilland Quarry has a history of mineral extraction that dates back to the 1950’s. Planning permission was approved under references P/88/409/FUL and 94/05576/FUL for the extraction of 11.2 million tonnes (MT) of rock (Phases 1-4). An application for an extension to the Quarry (Phases 5-7) was approved on 8th December 2011 under planning reference 10/00830/MIN for extraction of a maximum 54.8 MT; this permission expires on 31st December 2049 and is the subject of the current application to postpone the review of the permission until December 2040. 1.3 Approximately one third of the Quarry site consists of Phases 1-4. The remaining two thirds of the site consists of Phases 5-7. A large area of the site is located on Class 1 peatland with other smaller areas located on Class 4 and Class 5 peatland and other carbon rich soils as identified on the NatureScot Carbon and Peatland map 2016 and on Scotland’s soils map. Review of Old Mineral Permissions: Legal Context and Purpose 1.4 Review of old mineral permissions (ROMP) is a process designed to modernise historic planning permissions for mining and quarrying and, where necessary, to enable Planning Authorities to review existing conditions and/or impose updated conditions on historic permissions. This process ensures that current environmental and safety practices are met and that noise limits, dust control, vibration from blasting, and working hours are controlled in order to minimise impacts on residential amenity and ensure that restoration and aftercare conditions, including financial provisions, are adequately provided for. 1.5 Mineral planning permissions are subject to initial review and/or periodic review. The authority for this is provided for in Section 96, Schedule 14 of The Environment Act 1995 (‘The 1995 Act) and in Section 74, Schedule 10 of the Town and Country Planning (Scotland) Act 1997 (‘The 1997 Act’). Old mineral permissions granted between 30 June 1948 and 22 February 1982 are subject to initial review. Periodic reviews of old mineral permissions concern mineral sites that have already undergone an initial review or were granted after 22 February 1982; these reviews are carried out fifteen years after the date of approval of the mineral permission. The current application is subject to a first periodic review. 1.6 The Planning Authority must in connection with the first periodic review of the mineral permission, serve notice on the owner of any land or persons entitled to an interest in any mineral permission no later than 12 months before the first review date. Following the service of a notice of the first periodic review, both the 1995 and 1997 Acts make provision for landowners of, or any person with an interest in, a relevant mineral active site to apply to the Planning Authority for postponement of the date of the review (i.e. date of submission of an application for determination of new conditions). The purpose of postponement is to avoid an unnecessary review in circumstances where the existing planning conditions are judged to be satisfactory. In such cases, postponement should be for a reasonable number of years - e.g. 10 to 15 years (paragraph 39. Planning Circular 34/1996). Page 102 of 126
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1.7 In accordance with Section 74, Schedule 10 3. (1) (a) of the 1997 Act and Section 96, Schedule 14 3 (A1) (1) (a) of the 1995 Act, the relevant date for the first periodic review of old mineral permission Planning Reference 10/00830/MIN is the 8th December 2026. 2. Report Review of Old Mineral Permissions: Application for Postponement 2.1 Following the service of a notice of the first periodic review dated 8th December 2025 by the Planning Authority, the current application submitted on 26th February 2026, proposes postponement of the date of review of the old mineral permission (Reference 10/00830/MIN) to 8th December 2040. As previously noted, Planning Circular 34/1996 advises that a reasonable period for postponement of the review of the permission is 10-15 years. The current proposal to postpone the review falls within this timeframe. Applicant’s Supporting Information 2.2 An application for postponement of the first periodic review date must set out the existing planning conditions relating to the site, together with the reasons why the applicant considers these conditions to be satisfactory and the date which the applicant wishes to be substituted for the first review date (Schedule 10. 5. (2) of the 1997 Act). The applicant has submitted the necessary documentation in accordance with Schedule 10.5 (2) as follows: - Cover Letter from Holcim dated 26th February 2026 outlining the reasons for postponement and the date the applicant wishes to be substituted for the first periodic review date. - A document entitled ‘Planning Conditions Tracker’ that lists the existing conditions. - A document entitled ‘Planning Compliance Checklist’ that indicates how and when conditions were complied with. Site History 2.3 The following applications relate to the application site: - P/88/409/FUL - Extraction of rock - 94/05576/FUL - Extension of existing quarry workings and construction of site office facilities - 10/00830/MIN - Continued working and northern extension (165ha) to quarry including revised restoration proposals and environmental improvements Development Plan 2.4 The Development Plan consists of the National Planning Framework 4, Adopted on 13th February 2023 (‘NPF4’) and The North Lanarkshire Local Development Plan, Adopted 6th July 2022, (‘the LDP’). 2.5 Other material considerations include: • Planning Circular 34/1996. • SEPA’s ‘’Standing Advice on Peaty Soil’’, December 2025. • NatureScot’s ‘’Peatland ACTION- Peatland Restoration and Management Guidance’’ updated 27/05/2025 and ‘’Scotland’s National Peatland Plan’’, 2015. • ‘’Scottish Government Planning Guidance: Biodiversity’’. December 2025. Page 103 of 126
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Consultations 2.6 NLC Environmental Services (Pollution Control) – has no comments to offer and has no objection to the application for postponement of the first review. 2.7 NLC Greenspace and Country Parks – has objected to postponement of the review of the permission and requests that all conditions are reviewed with regard to translocation of peat in order to determine the success of this process. NPF4 Policy 3 - Biodiversity and the proposed Scottish Biodiversity Metric are currently being developed by NatureScot and for that reason, adequate mitigation, compensation and restoration measures need to be put in place. 2.8 NLC Archaeology Consultant – has indicated that there are no live archaeological issues and that all work of this nature was completed in 2015. 2.9 NLC Infrastructure and Water Management – has no comments to offer at this time. 2.10 NLC Infrastructure & Transportation (Roads) – has no comments to offer at this time. 2.11 Transport Scotland – advises that as there are no proposed amendments to the site access etc, it has no comments to make at this time. 2.12 Coal Mining Remediation Authority – has advised that it has no objection to the application for postponement of the first periodic review. 2.13 Scottish Environment Protection Agency - has advised that it does not recommend postponement of the review as the existing conditions are no longer satisfactory in relation to potential impacts on Peat and Carbon Rich Soils. A review should be undertaken at this stage and not postponed, as the restoration is, in part, progressing alongside the mineral extraction operations 2.14 Nature Scotland – has no comments to offer at this time. Representations 2.15 There is no requirement for neighbour notification or press adverts and no representations have been received. Planning Assessment 2.16 Whilst old mineral permissions are required to be reviewed every 15 years, provision exists within the 1995 and 1997 Acts to postpone a review, where existing planning conditions are judged to be satisfactory. In such cases, postponement should be for a reasonable number of years e.g. 10 to 15 years, depending on the circumstances. A site with a postponed review date will still be subject to the terms and conditions of the mineral permission issued until the revised review date. 2.17 The current application seeks postponement of the first periodic review until 8th December 2040. The reason cited for postponement of the review as outlined in the Applicant’s covering letter dated 26th February 2026, is that the existing planning conditions continue to provide a robust framework to ensure protection of the environment and local amenity. However, where the Planning Authority does not consider the existing conditions to be satisfactory, the application must be refused, and the permission will be subject to review. Where the Planning Authority is satisfied that the conditions remain satisfactory, it may approve postponement or specify an alternative review date as appropriate. It should be noted that the purpose of the first periodic review is to assess the appropriateness of the existing conditions and is not to Page 104 of 126
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assess the principle of the development or to consider whether the conditions may have been breached. 2.18 In assessment it is noted that the permission will result in a significant loss of peatland (paragraph 6.4 of Committee Report 10/00830/MIN, dated 4th April 2011) and that this loss is to be compensated for through translocation of the extracted peat to other areas/cells within the site and through the creation of a mixed habitat area. Having reviewed the existing planning conditions and consultee responses, it is noted that the permission does not make any provision for monitoring the success of translocation of the peat, which according to NLC Greenspace, NatureScot and SEPA, generally has a low success rate. For this reason, it is considered that the existing conditions do not adequately address compensation for the loss of peatland and habitat. Further, environmental practices and mitigation measures have evolved since the Environmental Impact Assessment submitted in support of the permission was carried out over 15 years old. It is also noted that financial provision for restoration costs has been secured by a S75 Agreement (i.e. the restoration bond). However, current practice for securing restoration costs is generally applied through condition and not by S75 Agreement. Conditions relative to restoration costs can also be drafted in such a way as to permit the agreed restoration amount to be reviewed from time to time (often on the fifth anniversary of the commencement of the development and fifth anniversary thereafter) to ensure that the sum is sufficient to cover the costs of restoration works. This coupled with changes to Development Plan policy and environmental practice and guidance since the time of approval of the permission in December 2011, necessitates a review of the existing mineral permission to ensure that the existing conditions align with Development Plan policy and best practice. Review of the existing conditions will enable the Planning Authority to take account of updated standards, stricter compliance, more robust safeguarding and other supplementary measures to ensure that environmental impacts are adequately addressed and mitigated and that the financial costs of restoration can be adequately met should circumstances require this. 2.19 The Planning Authority has also received representations from SEPA and NLC Greenspace & Country Parks. SEPA has indicated that it would not recommend postponement of the first periodic review of the permission on grounds that the existing conditions are no longer satisfactory in relation to potential impacts on peat and carbon rich soils. NLC Greenspace has objected to the postponement of the review, on the basis that new conditions regarding peat should be accounted for to determine the success of the translocation of peat within the site, as previously approved in 2011. NLC Greenspace has also expressed concern regarding the adequacy of conditions in meeting the requirements of biodiversity mitigation, compensation and restoration measures in view of NPF4 Policy 3 (Biodiversity) and the proposed Scottish Biodiversity Metric currently being developed by NatureScot. 2.20 On account of updated Development Plan policy, new practice guidance and consultee responses, postponement of the first periodic review of the permission is not, therefore, recommended as this would defer the Planning Authority’s statutory opportunity to further consider whether, the existing mitigation, restoration, aftercare and other environmental safeguards outlined in the existing conditions remain adequate. Postponement of the review would also potentially prejudice the Planning Authority’s ability to consider whether the level of the existing financial provision secured by a S75 Agreement (i.e. the restoration bond) is sufficient to cover the restoration costs at the deferred review date in December 2040. Conditions relating to peat management, restoration and aftercare would most likely require to be updated and/or provided for to ensure best practice and to take account of other changes that may have occurred in the intervening period since the permission was approved in December 2011. Page 105 of 126
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3. Conclusion 3.1 In view of changes to Development Plan policy and guidance, the age of the supporting Environmental Impact Assessment, the need for refined enhanced environmental and financial safeguards, and objections raised by statutory and internal consultees, the existing conditions cannot be regarded as satisfactory for the purposes of postponing the first periodic review. Accordingly, it is recommended that the application for postponement of the first periodic review of the mineral permission, is refused and that an application for review of the conditions is submitted by Tuesday 8th December 2026. 4. Measures of success 4.1 The measure of success would be refusal of the application to postpone the review of the old mineral permission 10/00830/MIN as this would allow the Planning Authority to request an application for review of the mineral planning conditions to ensure that conditions imposed remain appropriate in terms of mitigating any impacts and that the site can be satisfactorily restored and the environment is protected. 5. Supporting documentation 10/00830/MIN Committee Report - 10/00830/MIN | Continued Working and Northern Extension (165ha) to Quarry Including Revised Restoration Proposals and Environmental Improvements | Duntilland Quarry Duntilland Road Salsburgh North Lanarkshire 26/00264/ENV - 26/00264/ENV | Postponement of the review of old mineral permission 10/00830/MIN | Duntilland Quarry Duntilland Road Salsburgh North Lanarkshire Consultation Responses to 26/00264/ENV: NLC Protective Services (Pollution Control) received 30 March 2026 NLC Greenspace and Country Parks received 16 April 2026 NLC Archaeology Consultant received 24 March 2026 NLC Infrastructure and Water Management received 27 March 2026 NLC Infrastructure & Transportation received 21 April 2026 Transport Scotland received 22 April 2026 Coal Mining Remediation Authority received 25 March 2026 Scottish Environment Protection Agency received 12 May 2026 Nature Scotland received 21 April 2026 Pamela Humphries Chief Officer (Place) Page 106 of 126
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6. Impacts 6.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 6.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? The old mineral permission conditions require to be reviewed to ensure the financial bond and plans provided to secure the restoration and aftercare of the quarry are fit for purpose. 6.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 6.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The Council's Legal Service has reviewed this matter with Planning as the consent is subject to a S75 Legal Agreement and S96 Roads Agreement. 6.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ Page 107 of 126
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6.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 6.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The mineral permission conditions require to be reviewed to ensure the planning conditions are fit for purpose and the environment is still being protected. 6.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 6.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 6.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 6.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Page 108 of 126
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Yes ☐ No ☐ Page 109 of 126
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Appendix 1 – Approved Planning Conditions for 10/00830/MIN 1. That the extension into phases 5, 6 and 7 hereby permitted shall be started within three years of the date of this permission, or such other date as may be agreed between the applicant and the Planning Authority, being not more than 6 months from the cessation of mineral extraction at phase 4. Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006. 2. That the extension into phases 5, 6 and 7 hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority. Reason: To ensure satisfactory and timeous completion of quarrying and restoration of the existing quarry and to accord with the provisions of the Planning etc (Scotland) Act 2006. 3. That within 6 months of the development hereby approved, full details of an independent party to act as a Compliance Officer and the brief of the Compliance Officer, shall be submitted to and approved in writing by the Planning Authority, and all costs associated with the appointment shall be met by the developer. The compliance officer shall undertake monitoring of the development and operations at the site until completion of the restoration phase, in accordance with a timetable to be submitted to and approved in writing by the Planning Authority within 6 months of the date of approval of the permission. The Compliance Officer shall submit an audit of the conditions attached to this permission to the Planning Authority in accordance with a timetable to be approved in writing by the Planning Authority before this development starts on phase 5. This audit shall specify the degree of compliance with conditions and, thereafter, specify any remedial measures required to be taken in order to safeguard the environment at the site and the surrounding area in the event of a failure to comply with any conditions. In the event that is becomes evident to the Planning Authority that the site is operating outwith the permission pertaining to this permission a revised audit of conditions shall be submitted for the written approval of the Planning Authority within 28 days of the suspected breach, detailing the steps to be taken and timescales involved to regularise the permission. Reason: To monitor and evaluate compliance with this permission. 4. That all mineral extraction operations within the site hereby permitted shall cease by the 31st December 2049 or such earlier a date as may agreed in writing by the Planning Authority. Within 4 weeks of cessation of operations a notice of completion shall be submitted to the satisfaction of the Planning Authority. Reason: To accord with the approved method statement and give the Planning Authority an opportunity to review their position. 5. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented strictly in accordance with the information and plans submitted within the Environmental Statement dated July 2010 except as may be amended by the terms of the approval hereby given, and shall omit no part of the operations provided for Page 110 of 126
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therein. Any amendments to the methods or operational activities must have the prior written approval of the Planning Authority. Reason: To clarify the information and drawings on which this approval of permission is founded. 6. That no top-soil shall be removed from the site at any time, and no refuse, or bulk material shall be imported to the site for any purpose at any time without the prior approval of the Planning Authority. Reason: To minimise vehicle movements and in the interests of sound land management. BLASTING 7. That the blasting shall be confined to the hours of 10.00 am to 3.00 pm, Mondays to Fridays and no blasting shall take place on Saturdays, Sundays or public holidays. Reason: In the interests of the amenity of neighbouring residents. 8. That a minimum of 24 hours’ notice shall be given to neighbouring properties providing confirmation of the date and time of each blast in accordance with Chapter 11 Blasting and Vibration of the Environmental Statement dated July 2010 to the satisfaction of the Planning Authority. Reason: In the interests of the amenity of neighbouring residents. 9. That in the event of an emergency when it is considered necessary to carry out blasting operations outwith the hours specified in condition (8), in the interests of safety, the Planning Authority shall be notified in writing immediately of the nature and circumstances of any such event. Reason: In the interests of the amenity of neighbouring residents. 10. Ground vibration and noise as a result of blasting operations shall not exceed a peak particle velocity of 6mms-1 in 95% of all blasts measured over any period of 6 months and no individual blast shall exceed a peak particle velocity of 12mms-1 as measured at vibration and noise sensitive residential properties. The vibration measurement to be the maximum of 3 mutually perpendicular directions taken at the ground surface at any vibration sensitive residential properties in accordance with Chapter 11 Blasting and Vibration of the Environmental Statement dated July 2010. Reason: In order to ensure that no damage occurs in adjacent properties as a result of blasting and in the interests of the amenity of neighbouring residents. Page 111 of 126
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11. Records shall be maintained of all blasts so that the measurements of peak particle velocity as restricted in terms of Condition 10 above can be identified and these records shall be made available for inspection by any authorised party during office hours at the quarry. Such records to be kept in accordance with Regulation 44 of the Quarries Regulations 1999. Reason: In the interests of the amenity of neighbouring residents. 12. Blasting shall be carried out using the best practicable means available to ensure that the resultant noise, vibration and air overpressure are minimised in accordance with the best practice methodologies set out in PAN 50 to the satisfaction of the Planning Authority. Reason: In the interests of the amenity of neighbouring residents. 13. That blasting shall only be carried out after suitable audible and visual warnings have been given. Reason: In the interests of the amenity of neighbouring residents. 14. That prior to the commencement of quarrying in phase 5 as shown on plan reference 3.3b the applicant shall submit for the written approval of the Planning Authority, a list of properties that could be considered to be vibration sensitive at which the monitoring of blasts shall be carried out. Reason: In the interests of the amenity of neighbouring residents. 15. That following the approval of the vibration sensitive properties as required by Condition 14 above, monitoring of all blasts shall be carried out at no less than one of the vibration sensitive properties or in the event of a complaint arising regarding blasting, at any such other location as may be notified in advance in writing to the Planning Authority. Reason: In the interests of the amenity of neighbouring residents. ENVIRONMENTAL PROTECTION 16. That the existing wheel cleaning facilities already in use on the site must continue to be maintained and used by every HGV leaving the operations area (excluding the ready mixed concrete plant) to the satisfaction of the Planning Authority and shall remain in operation until mineral, and restoration earthmoving operations cease. The surfaced access road within the site must be swept/ washed where required in order to ensure that no debris from the quarry is carried onto the public highway. Reason: To prevent mud or deleterious material being carried onto public roads to the detriment of road safety. Page 112 of 126
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17. That the wheel washing equipment required under the terms of condition 16 above shall be desludged as required to the satisfaction of the Planning Authority and desludging shall not take place during normal working hours without prior approval of the Planning Authority. Reason: To ensure that the wheel washing equipment is available at all times during normal working hours. 18. That at all times during the carrying out of operations authorised or required by this permission, a water bowser (and towing vehicle) both in working order, shall be retained on site for use in the event of dust nuisance problems within the site, to the satisfaction of the Planning Authority. Reason: To minimise the emission of dust from the site in the interests of the amenity. 19. That all loaded lorries leaving the site, except for vehicles less than 3.5 tonnes gross weight shall be adequately sheeted to secure their loads to the satisfaction of the Planning Authority. Reason: To minimise dust emissions from the site. 20. That all loads shall be trimmed prior to leaving the site in order to avoid any spillage of stone on public roads. Reason: In the interests of public safety and to prevent deleterious material being carried onto the highway. 21. That the applicant shall employ the best practical means of controlling the generation of noise from the site, taking into account the terms of BS5228: Part 3 (1984) `Code of Practice for Noise Control Applicable to Surface Extraction by Opencast Methods’ and Planning Advise Not PAN 50 Annex A: `The Control of Noise at Surface Mineral Workings’ to the satisfaction of the Planning Authority. Reason: To minimise noise nuisance emanating from the operations. 22. That from the commencement of quarrying in phase 5 as shown on plan reference 3.3b, at any noise sensitive property (the locations of which will be agreed in writing by the Planning Authority) noise levels LAeq attributable to the approved operations: a) shall not exceed 70dB LAeq 1h on weekdays (Monday to Friday inclusive) for the purpose of creation and removal of soil storage/ landscape bunds and soil stripping for a period not exceeding twelve weeks in any calendar year. b) shall comply with the following noise limits during day-time operations: i) No. 20 Shottsburn Road 55dB LAeq, 1 hour, free field ii) Duntilland Farm 52dB LAeq, 1 hour, free field Page 113 of 126
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iii) Dewshill Cottages 55dB LAeq, 1 hour, free field iv) Dewshill Farm 55dB LAeq, 1 hour, free field v) Bentfoot 55dB LAeq, 1 hour, free field vi) Kirk O’Shotts Primary School 55dB LAeq, 1 hour, free field vii) Mountcow 52dB LAeq, 1 hour, free field c) shall comply with the noise limit of 42dB LAeq, 1 hour, free field at the above stated properties during night-time operations. Reason: To minimise noise nuisance emanating from the operations. 23. That, notwithstanding the generality of condition (21) above, all precautions should be taken to minimise noise from vehicles and machinery and, in particular, efficient silencers shall be fitted to, and used by, all vehicles, plant and machinery on site, all in accordance with the Chapter 10 - Noise Assessment of the EIA dated July 2010. Reason: To minimise noise nuisance emanating from the operations. 24. That the noise levels imposed by condition (22) above shall be measured at a point 1 metre closer to the site than the exterior of an inhabited building. Reason: In accordance with current practice in respect of noise measurement. 25. That all earth/rock moving plant within the site shall be fitted with upturned exhausts and shall be maintained to minimise noise emissions to the satisfaction of the Planning Authority. Reason: In order to minimise noise creation. 26. That all mobile plant used within the quarry shall be fitted with `warbler type reversing warning systems to the satisfaction of the Planning Authority. Reason: In order to reduce the noise disturbance from this source. 27. That any chemical, oil or diesel storage tanks installed within the application site shall be sited on impervious bases and surrounded by impervious bunded walls and the bunded areas shall be capable of containing 110 % of the tank volume and should enclose all fill and draw pipes. Reason: To ensure adequate precautions are taken to prevent pollution of natural watercourses. 28. That measures shall be taken to throughout the period of working, restoration and aftercare, the applicant shall protect and maintain or divert any ditch, stream, watercourse or Page 114 of 126
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culvert passing through the site to ensure that drainage to areas adjoining the site is not impaired or rendered less efficient by the operations hereby permitted, and adequate precautions shall be taken to prevent the pollution of ditches, watercourses and drains within and adjacent to the site to the satisfaction of the Scottish Environmental Protection Agency. Reason: In the interests of water management and to prevent pollution of natural watercourses. 29. That all site lighting shall be located to minimise its impact beyond the site boundaries to the satisfaction of the Planning Authority. Reason: In the interest of the amenity of neighbouring residents. 30. That prior to the commencement of quarrying in phase 5 as shown on plan reference 3.3b a scheme of measures for the control of dust which will ensure that the best practice methodologies set out in PAN 50 and Chapter 12: Dust and Air Quality of the EIA dated July 2010 shall be submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt such a scheme will cover the following: a) ground preparation works, soil stripping and the removal of overburden in advance of mineral extraction b) ground preparation works and the replacement of overburden and soils as part of the site restoration works c) dust arising in connection with blasting operations d) the transportation of stone within the site and following processing the exportation of stone from the site. Reason: In the interest of the amenity of neighbouring residents. 31. That the scheme approved under the terms of condition (30) above shall, remain in place for the duration of this planning permission. Reason: In the interest of the amenity of neighbouring residents. 32. That in the event that the dust suppression measures as approved under the terms of Condition 30 above fail to prevent fugitive dust leaving the site, a revised scheme of dust control measures shall be submitted within 28 days for the written approval by the Planning Authority. Reason: In the interest of the amenity of neighbouring residents. 33. That within 6 months of the development hereby permitted being approved, a scheme shall be submitted to and approved in writing by the Planning Authority detailing a scheme to be implemented to monitor ground water levels within the site, the approved scheme shall thereafter be implemented on the site throughout the duration of extraction, restoration and aftercare processes. Page 115 of 126
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Reason: In the interests of water management and to prevent pollution of natural watercourses. 34. For the avoidance of doubt the quarry shall be worked in accordance with the phasing plans 3.3a - 3.3g, and to the depths and face profiles shown in the cross sections on plan references 3.7a - 3.7b as detailed in the Environmental Impact Assessment dated July 2010 unless otherwise approved in writing beforehand by the Planning Authority. Reason: In the interests of proper land management and to ensure compliance with the permission. PHASING 35. That at the expiry of six months from the date of this planning permission, and thereafter at twelve monthly intervals, the applicant shall submit a survey drawing indicating the progress of quarrying operations in phases 4-7. The plan will indicate the current position of the extraction areas, the size of the void, completed soil stripping and replacement works, the extent of spoil and overburden disposal, the extent of restored land and the extent of landscaping works that have been implemented. For the avoidance of doubt, in the event that it is considered that the excavations and restoration works are not progressing in accordance with the approved plans, the above plans can be requested at any time by the Planning Authority. Reason: In the interests of proper land management. 36. That following the submission of the progress plan as required by Condition (35) above or following any other review of progress, should it become evident that the restoration scheme as detailed on plan reference 3.6 cannot be delivered within six months of such an event a revised restoration scheme that modifies and updates the approved scheme shall be submitted for the written approval of the Planning Authority, detailing the steps to be taken and timescales involved to restore the site. Reason: In the interests of proper land management. 37. That prior to the commencement of quarrying in each subsequent phase as shown on plan reference 3.3b - 3.3g all areas affected by the proposed development including the existing working area of phase 4 will be carefully surveyed by a suitably qualified person to update the surveys previously undertaken for species which receive statutory protection. A report of the aforementioned survey will be submitted to the Planning Authority and if such species are found to be in or around the application area a series of mitigation measures should be developed, implemented and agreed in writing by the Planning Authority in consultation with Scottish Natural Heritage. Reason: In the interests of nature conservation and for the protection of species present on the site. Page 116 of 126
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38. That prior to the commencement of quarrying in phases 5-7 as shown on plan reference 3.3b - 3.3g, a programme of works are to be submitted and approved in writing by the Planning Authority to address the following aspects of the Archaeological Mitigation Plan: a) programme of archaeological and palaeoenvironmental work in accordance with the outline method statement as detailed in Appendix 16.3 of the Environmental Statement shall be implemented; b) survey and investigation of four turf-built enclosures (Sites HA4, HA6, HA7 and HA8), to be guided by the results of (a); The results of the archaeological field survey shall be submitted to the Planning Authority for review in the form of a Field Survey Report. Reason: In order to protect and record any archaeological remains. 39. That the operator shall ensure that as working progresses the existing site perimeter fencing is extended around each phase and that the perimeter fencing is maintained until the site aftercare is complete and that any repairs or replacement that may be required is carried completed. Reason: In the interests of public and site safety. 40. That for the duration of this permission and up to the completion of all aftercare works warning signs shall be erected and maintained by the operator next to all publicly accessible areas within or adjacent to the quarry. Reason: In the interests of public and site safety. 41. That within 6 months of the permission hereby approved a survey plan of existing works on site shall be submitted for written approval by the Planning Authority, detailing the progress of works in phases 1-4 and the associated restoration costs for the purposes of a bond calculation and in order to allow for a full bond calculation and thereafter at twelve monthly intervals, the applicant shall submit a survey drawing indicating the progress of quarrying operations and restoration operations in phases 4-7. Reason: To allow for the continued review of the bond for the site. RESTORATION 42. That within 6 months of the permission herby approved full details of the proposed restoration of phases 1-7 hereby permitted, including a programme of implementation, in accordance with the proposals outlined in the supporting information and the plans hereby approved shall be submitted to and approved by the Planning Authority. For the avoidance of doubt the scheme shall include: Page 117 of 126
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a) a detailed schedule of new habitat creation such as the proposed reedbeds and wetland area, including information about location, species, density of proposed planting, size of area, protection and replacement measures in the event of failure or vandalism; b) details on all planting associated with the landscaping of the site including details on the locations, size, number and species of all trees and shrubs, including full details on grass seed mixes to be utilized. For the avoidance of doubt all planting shall comprise of native planting that supports local biodiversity and strengthens local habitat provision. For clarification the restoration plan shall accord with the guidance contained in Planning Advice Note 64: Reclamation of Surface Mineral Working, 2002. Reason: To ensure that an expectable restoration scheme is established for the entire site. 43. That the restoration of the site shall, as far as is reasonably practicable, shall proceed concurrently with the work of excavation, and in accordance with the restoration programme approved under condition (42) above, to the satisfaction of the Planning Authority. Reason: In the interests of proper land management and public safety. 44. That notwithstanding the requirements of condition (43) above, the site shall be fully restored in accordance with the approved restoration phasing plan within two years of the cessation of mineral extraction to the satisfaction of the Planning Authority. Reason: To ensure the timeous restoration of the existing quarry. 45. That, notwithstanding the generality of conditions (42), (43) and (44) above, the soils to be replaced as part of the restoration shall be handled in accordance with the approved restoration scheme to the satisfaction of the Planning Authority and that at least 48 hours notice shall be given to the Planning Authority of intention to replace soils to allow for inspection of the area by the said Authority. Reason: In the interests of sound soils management. 46. That notwithstanding the generality of condition (45) above, the following conditions shall be observed in the restoration of the site to the satisfaction of the Planning Authority where appropriate: i) following replacement of overburden/infilling, and before the replacement of sub-soil, the overburden shall be rooted and cross-rooted to a depth of 300mm, with boulders and stones exceeding 500mm in one dimension being removed from the site or buried on the site at a considerable depth; ii) where available, at least 600 mm of subsoil shall be spread on top of the overburden, sub- soil shall be re-spread evenly in separate layers of 300mm depth, and each layer shall be rooted and cross-rooted with a heavy duty winged rooting machine, with boulders and stones exceeding 200mm in one dimension, or other materials which would prevent or impede normal agricultural or land drainage operations or the use of machinery for subsoiling or mole Page 118 of 126
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ploughing being removed before the top soil is replaced and that the surface layer shall be left in a roughened state; iii) following the replacement of sub-soil, all available top-soil shall be re-spread evenly to achieve the final level and configuration, and shall be rooted and cross-rooted and cultivated as required with all stones exceeding 100mm in one dimension being removed; iv) all operations involving sub-soil and top-soil replacement and cultivation shall only be carried out when the full volume of soil involved is in a suitably dry soil moisture condition to minimize soil damage and to maximize the effects of the rooting operations; v) that earth moving machinery shall travel along clearly defined routes avoiding areas of tipped sub and top soils and these routes shall be rooted before being covered with the next layer of subsoil or top soil; and vi) that at least 2 working days notice shall be given to the Planning Authority of intention to spread sub-soil and top-soil to allow for inspection of the area by the said Authority. Reason: In the interests of sound soil management. 47. That prior to seeding or planting taking place confirmation from a Chartered Landscape Architect shall be provided that the soil replacement has been undertaken satisfactorily and that the soils are in a suitable condition for the restoration proposed, to the satisfaction of the Planning Authority. Reason: In the interests of sound soil management. 48. That except as may otherwise be agreed in writing by the Planning Authority, all vegetation matter/ soils shall be retained on site for use in the restoration of the quarry in accordance with the restoration scheme as detailed on plan reference 3.6. Reason: In the interests of sound soils management. 49. That prior to the commencement of quarrying in phase 7 as shown on plan reference 3.3f, a scheme shall be submitted to and approved in writing by the Planning Authority detailing the manner in which the restored water body will be managed to ensure that a water level of c. 250 metres AOD is achieved and thereafter maintained. For the avoidance of doubt the scheme shall include the following: a) details of the design of the water outfall b) details of the method(s) to be employed to restrict water flows to such a level as to maintain the water body at a level of c. 250 metres AOD. Reason: In the interests of water management and to prevent pollution of natural watercourses. 50. That the above water management scheme will be in place prior to the cessation of quarrying at the site. Page 119 of 126
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Reason: In the interests of water management and to prevent pollution of natural watercourses. 51. That within 12 months of the cessation of mineral extraction, all fixed equipment, plant, machinery and buildings shall be removed from the site to the satisfaction of the Planning Authority. Reason: In the interests of the long-term amenity of the restored quarry. 52. That within 6 months of the date of the permission hereby approved a five year aftercare scheme shall be submitted for the written approval of the Planning Authority, including any modifications as may be required, and for the avoidance of doubt it shall include the following: a) the steps necessary to bring the land to a standard that accords with the restoration proposals; full details of the cultivation techniques to be used; the fertilising methods; the soil sampling and analysis procedures; the watering and drainage methods; the weed control systems and any other treatment proposed for the land. b) that any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within the aftercare period shall be replaced within the following year with others of a similar size and species Reason: To ensure that an acceptable phased aftercare scheme is established for the entire site. AFTERCARE 53. That, before 31st July of every year during the aftercare period, a report shall be submitted to the Planning Authority recording the operations carried out during the previous 12 months and setting out the intended operations for the next 12 months. Reason: To ensure the satisfactory aftercare of the site. 54. That during the aftercare period the site shall be monitored and be subject to an annual site inspection by the applicant and Planning Authority and any remedial works which are required shall be completed within a period of six months from the date of the site inspection to the satisfaction of the Planning Authority. Reason: To ensure adequate long-term restoration and aftercare of the site. 55. That within six months of the date of this consent updated details of all advanced landscaping and woodland planting within the site, and the ongoing landscaping and woodland planting including the programme of implementation as detailed in condition (42) shall be submitted to and approved in writing by the Planning Authority. Page 120 of 126
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Reason: To ensure that an acceptable landscaping scheme is established for the entire site. 56. That the landscaping and woodland planting approved under the terms of condition (55) above shall be implemented in accordance with the approved programme to the satisfaction of the Planning Authority and any planting which fails to grove, dies, is damaged or destroyed during the periods of quarrying and aftercare shall be replaced during the following planting season, to the satisfaction of the Planning Authority. Reason: To ensure the provision and retention of adequate screening around the site. 57. That from the date of the approval of this permission and to the completion of the restoration works on site, a copy of this permission, shall always be available for inspection at the quarry office during normal working hours. Reason: To facilitate the effective monitoring of the site by the Planning Authority. GENERAL 58. That if by reason of any circumstances not foreseen by the applicant, it becomes necessary or expedient during the continuance of the operations hereby approved to amend or abandon, to a material extent, any of the provisions contained in the Environmental Impact Assessment dated July 2010 except as may be amended by the terms of the approval hereby given, and the phasing plans 3.3a - 3.3g and the depths and face profiles shown in the cross sections on plans 3.7a -3.7b, the Planning Authority can request for consideration an amended application and Environmental Impact Assessment, and the developer shall adhere to and comply with the present consent until the amended application and statement of intent have been approved. Reason: In order that the Planning Authority can maintain effective control over operations within the site. 59. That notwithstanding the details shown on the approved plans no approval is hereby given for the erection, relocation or alterations to the external appearance of any of the existing buildings and plant within the site; any such proposals should be subject to the submission of full details to be approved in writing by the Planning Authority. Reason: To enable the Planning Authority to retain effective control. 60. That no rubbish or other waste materials shall be burned on site at any time, and the operator shall be responsible for immediately extinguishing any sporadic burning which may occur unless it is in connection with land management practices or the disposal of explosive packaging. Reason: In the interests of amenity and environmental protection. Page 121 of 126
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61. That within 4 weeks of completion of all development including restoration works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control. 62. That prior to the completion of quarrying in phase 4 a scheme for the provision of a footpath on Newhill and Canthill Road from its junction with Hirst Road to the Kirk O’Shotts Church (St Catherines Well) shall be submitted to and approved in writing by the Planning Authority. The approved footpath shall thereafter to constructed to the satisfaction of the Planning Authority prior to the commencement of quarrying operations in phase 5. Reason: In the interests of pedestrian safety. Page 122 of 126
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North Lanarkshire Council Report PLANNING COMMITTEE Does this report require to be approved? ☐ Yes ☒ No Ref Index 2 Date 18/06/26 NOTICE OF PLANNING AND ENFORCEMENT APPEALS DECISIONS From Pamela Humphries, Chief Officer (Place) E-mail humphries@northlan.gov.uk 1. Background 1.1 Where a planning application has been refused by the Planning Committee, or Full Council, an applicant may appeal the decision to the Scottish Government within 3 months. 1.2 Applicants may also appeal against a planning condition which has been imposed within a planning consent. 1.3 The Planning Committee is notified of appeals that have been lodged with the Scottish Government, and also the outcome of these appeals once a decision has been made. 2. Report 2.1 The council has received notification that the following appeal has been decided by the Scottish Ministers. Executive Summary The purpose of this report is to advise Committee of a planning appeal that has been recently decided by the Scottish Ministers. Recommendations It is recommended that the Committee note the decision in respect of this appeal. The Plan for North Lanarkshire Priority All priorities Ambition statement All ambition statements Item 5 Page 123 of 126
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Application No. & Proposal Applicant & Site Appeal Decision & Date Note 25/00794/FUL JGS Developments Dismissed Residential (Lenzie) 26/05/2025 Development Land at (5 No. Proposed Dullatur Road and Houses) and King’s Drive Green Network Dullatur Enhancement Cumbernauld 3. Measures of success 3.1 The Planning Committee is kept informed of the outcome of appeals made to the Scottish Government. 4. Supporting documentation 4.1 Details of appeals decided by the Scottish Ministers can be found on the DPEA website: Scottish Government - Planning and Environmental Appeals Division (DPEA) Pamela Humphries Chief Officer (Place) Page 124 of 126
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 125 of 126
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☒ Page 126 of 126