Agenda Document Pack - Planning Committee - 30/01/2025
North Lanarkshire Council · 30 January 2025
Back to Planning Committee — 30 January 2025 and its agenda
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21 January 2025 Members of the Planning Committee Chief Executive’s Office Archie Aitken Chief Officer (Legal & Democratic) 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, 30 January 2025 at 14:00 PM which you are requested to attend. The agenda of business is attached. Archie Aitken Chief Officer (Legal & Democratic) Members : Clerk Name: Clare Louise McDonald Clerk Telephone: 07350 435308 Clerk Email: committee@northlan.gov.uk N Shevlin, G Currie, B Baudo, G Brennan, B Burgess, A Bustard, J Cairns, T Carragher, M Coyle, S Coyle, K Docherty, T Fisher, M Hughes, L Jarvie, T Johnston, J Logue, H Loughran, C McManus, M McPake, A McVey, L Mitchell, J Reddin, D Robb, A Smith, G Woods. Page 1 of 50
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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 Planning Applications Index 5 - 40 3 Notice of Planning and Enforcement Appeals Lodged Submit report by the Chief Officer (Place) providing notification of the Planning and Enforcement Appeals Lodged. 41 - 44 4 Invest NL - Programme of Work Update Submit report by the Chief Officer (Place) seeking endorsement of the actions being taken to deliver the Invest in NL Service, including the proposed fee structure. 45 - 50 Page 3 of 50
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North Lanarkshire Council Planning Applications for consideration of Planning Committee Committee Date: 30th January 2025 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved Item 2 Page 5 of 50
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APPLICATIONS FOR PLANNING COMMITTEE 30th January 2025 Page No Application No Applicant Development/Site Recommendation 7-22 22/01390/MSC AC Land Regeneration Residential Development of 246 New Homes, Including Formation of Roundabout, Drainage, Infrastructure and Landscaping (Application Covering Matters Specified by Conditions of Planning Permission in Principle 17/00389/PPP) Springhill Farm Springhill Road Stane Shotts ML7 5DP Grant 23-40 24/00872/S42 GS Brown Construcation Ltd Section 42 Application to Vary Conditions 1, 2 and 9 of Permission 21/01434/S42 (Mixed Use Development Comprising Class 3 (Food & Drink), Class 7 (Hotel), Class 11 (Assembly/Leisure), Class 1 (Ancillary Retail) and Sui Generis (Roadside Fuel/Electric Charging, Hot Food Takeaway, Public Bar) with Associated Infrastructure (Drainage, Ground Treatment Landscaping)) Land South Of Junction Of Lancaster Avenue And Bellside Road Chapelhall Grant Page 6 of 50
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Application No: 22/01390/MSC Proposed Development: Residential Development of 246 New Homes, Including Formation of Roundabout, Drainage, Infrastructure and Landscaping (Application Covering Matters Specified by Conditions of Planning Permission in Principle 17/00389/PPP) Site Address: Springhill Farm Springhill Road Stane Shotts ML7 5DP Date Registered: 24th November 2022 Applicant: AC Land Regeneration Bothwell House Pochard Way Strathclyde Business Park Bellshill ML4 3HB Agent: EMA Architecture & Design Limited 42 Charlotte Square Edinburgh EH2 4HQ Application Level: Other Application Level Contrary to Development Plan: No Ward: 13 Fortissat Martin McCulloch, Margaret Hughes, John Jo Leckie, Representations: 1 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed development is considered acceptable in terms of the development plan and meets the criteria set out within NPF 4 and policies PROM LOC1, PROM LOC3, General Urban Area policies PP 3 and AD 3, PROT A Category 5, CI, EDQ 1, EDQ 2 and EDQ 3 of the North Lanarkshire Local Development Plan 2022. The proposed residential development can be incorporated within the urban site and local area without having a detrimental impact on the character and amenity of the site and wider area. The proposed development enables a site designated for housing to be developed, providing opportunities for play and amenity provision, landscaping, biodiversity enhancements and sustainable travel to and from the application site and wider Shotts area. Page 7 of 50
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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: 22/01390/MSC Name (of applicant): AC Land Regeneration Site Address: Springhill Farm Springhill Road, Stane, Shotts, ML7 5DP Development: Residential Development of 246 New Homes, Including Formation of Roundabout, Drainage, Infrastructure and Landscaping (Application Covering Matters Specified by Conditions of Planning Permission in Principle 17/00389/PPP) Page 8 of 50
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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:- 22144(OS)001, 22144(PL)001_F, 22144(PL)002_D, 22144(PL)003_D, 22144(PL)004_D, 22144(PL)005_B, 22144(PL)006_B, 22144(PL)100, 22144(PL)101, 22144(PL)102, 22144(PL)103, 22144(PL)104, 22144(PL)105, 22144(PL)106, 2214(PL)107, J5540-SK02 RevA, J5540-001 RevF, J5540-002 RevE, J5540-003 RevA, J5540-004 RevD, J5540-005 RevA, J5540-006 RevE, J5540-007 RevD, J5540-008 RevD, J5540-009 RevD, J5540-010 RevB, J5540-011 RevC, J5540-012 RevB, J5540-013 RevB, J5540-014 RevB, J5540-015 RevC, J5540-016 RevB, J5540-021 RevC, J5540-022 RevC, J5540-023 RevC, J5540-024 RevB, J5540-041 RevA, J5540-042, J5540-043, J5540-044 RevB, J5540-081, J5540-082, J5540-083, J5540-084, 642.01.20d, 642.01.21c, 642.01.22c, 642.01.23c, 642.01.24c, 642.01.25c, 642.01.26c, 642.01.27c, 642.01.28c, 642.01.40, 642.01.41 Reason: To clarify the drawings on which this approval of permission is founded. 2. That, notwithstanding the terms of Condition (1) above, the entire development shall be implemented in accordance with the site levels shown on drawing numbers: - 22144(PL)002_D, 22144(PL)005_B, 22144(PL)006_B, J5540-008 RevD, J5540-010 RevB, J5540-011 RevC, J5540-012 RevB, J5540-013 RevB, J5540-014 RevB, and no alterations for any reason shall be made to these approved site levels and approved plans without the prior approval in writing of the Planning Authority. For the avoidance of doubt, this condition also includes the requirement for prior approval for any changes in site levels proposed as a consequence of any other formal consent processes including Roads Construction Consent and the Building Warrant process. Reason: To ensure that all new site levels are appropriate for protecting the amenity of all existing and proposed houses. 3. That, before any development works of any kind starts on site, a detailed document setting out the proposed phasing of the construction for the development hereby approved shall be provided for the written approval of the Planning Authority. No amendment shall be made to the approved phasing document without written approval of the Planning Authority For the avoidance of doubt, this phasing document shall include a plan showing the area covered by each phase as well as a construction timescale for each phase. The timescale for these phases shall take into account the requirements of condition 4 below. 4. That unless otherwise agreed in writing by the Planning Authority, no dwellinghouses within the development hereby approved shall be occupied until the roundabout (including signage) detailed in drawings J5540-001 RevF, J5540-006 RevE, J5540-007 RevD, J5540-009 RevD and J5540-044 RevB, has been completed and has become operational to the satisfaction of the Council. Reason: To ensure satisfactory access arrangements to the site. 5. 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, including any proposed implementation phasing plan 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. Page 9 of 50
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6. That any remediation works identified by the site investigation report approved under the terms of Condition 5 above, shall be carried out to the satisfaction of the Planning Authority in accordance with any implementation phasing. For the avoidance of doubt, following the completion of all necessary remediation works within each separate phase and prior to the occupation of any dwellinghouse within that phase 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 approved Remediation Strategy. Reason: To ensure that the site is free of contamination and in the interests of the amenity and wellbeing of future residents. 7. That BEFORE any works of any description being commenced on the application site, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development. Reason: To ensure the provision of satisfactory sewerage and surface water drainage arrangements. 8. That, the surface water drainage scheme detailed within drawings J5540-002 RevE, J5540-021 RevC, J5540-022 RevC, J5540-023 RevC, J5540-024 RevB, shall be implemented, in accordance with the phasing document approved under the terms of condition 3 above. For the avoidance of doubt, following implementation of the approved surface water drainage scheme required for each phase and prior to the occupation of any dwellinghouse within that phase a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the CIRIA Manual and the approved plans. Reason: To ensure the provision of satisfactory sewerage and surface water drainage arrangements. 9 That, before any development works of any kind starts on site, an updated Ecology report (including any necessary protected species surveys) shall be provided for the written approval of the Planning Authority. All recommendations detailed within this updated Ecology report shall be implemented in full to the satisfaction of the Council. Reason: In the interests of protecting nature conservation interests. 10. That, all recommendations, and mitigations set out within the Pollution Prevention Plan by Cairn Ecology dated 13th April 2023 shall be implemented in full, unless otherwise agreed in writing by the Planning Authority. Reason: In the interests of protecting nature conservation interests. 11. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on the external walls and roofs of each dwellinghouse hereby approved, shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Reason: In the interests of the visual amenity of the area. 12. That, the equipped play areas and multi-use games area detailed in drawings 642.01.40 and 642.01.41 shall be implemented in full, in accordance with the phasing document approved under the terms of condition 3 above, unless otherwise agreed in writing by the Planning Authority. Reason: To ensure the provision of adequate play and recreation facilities within the site. Page 10 of 50
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13. That prior to the occupation of the 246th and last dwellinghouse within the development hereby permitted, all works required for the provision of equipped play areas and multi-use games detailed in drawings 642.01.40 and 642.01.41 shall be completed. Reason: To ensure the provision of adequate play and recreation facilities within the site. 14. That, the landscaping, planting and biodiversity enhancements detailed in drawings 642.01.20d, 642.01.21c, 642.01.22c, 642.01.23c, 642.01.24c, 642.01.25c, 642.01.26c, 642.01.27c and 642.01.28c shall be implemented in full, in accordance with the phasing document approved under the terms of condition 3 above, unless otherwise agreed in writing by the Planning Authority. Any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the occupation of the phase of the development associated with the landscaping affected, shall be replaced within the next planting season with others of a similar size and species. 15. That, the internal road layout, parking provision, footways and active travel routes detailed in drawings 22144(PL)001_F, 22144(PL)003_D and 22144(PL)004_D shall be implemented in full, in accordance with the phasing document approved under the terms of condition 3 above and in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority, unless otherwise agreed in writing by the Planning Authority. Reason: In the interests of traffic and pedestrian safety. 16. That prior to the occupation of the last dwellinghouse within each phase (as defined by the phasing document approved under the terms of condition 3 above), except as may otherwise be agreed in writing by the Planning Authority, all the road works (internal road layout, parking provision, footways and active travel routes) shown on drawing drawings 22144(PL)001_F, 22144(PL)003_D and 22144(PL)004_D shall be completed in full. Reason: In the interests of traffic and pedestrian safety. 17. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority. Reason: In the interest of the amenity of the site and the general area. 18 That prior to the occupation of the last dwellinghouse within each phase (as defined by the phasing document approved under the terms of condition 3 above), except as may otherwise be agreed in writing by the Planning Authority, all fences and walls approved under condition 17 shall be installed in full. Reason: In the interest of the amenity of the site and the general area. 19. That, before the development hereby permitted starts, the company name and contact details of the contractor/factor to implement the management and maintenance of the development site as detailed in drawing 642.01.20d, shall be submitted to the Planning Authority unless otherwise agreed in writing by the Planning Authority. Reason: In the interest of the amenity of the site and the general area. 20. That prior to the occupation of the 246th and last dwellinghouse within the development hereby permitted, unless otherwise agreed in writing by the Planning Authority, the management and maintenance schedule, detailed in drawing 642.01.20d shall be in operation. Reason: In the interest of the amenity of the site and the general area. Page 11 of 50
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Background Papers: Consultation Responses: Coal Mining Remediation Authority Scottish Environment Protection Agency Scottish Water NLC Protective Services NLC Infrastructure & Transportation NLC Greenspace & Country Parks NLC Community Partnership Team Contact Information: Any person wishing to inspect these documents should contact Patricia Beaton at planningenquiry@northlan.gov.uk Report Date: 16th January 2025 Page 12 of 50
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APPLICATION NO. 22/01390/MSC REPORT 1. Site Description 1.1 The application site is an area of open ground with areas of rough grass and vegetation which is approximately 13.65 hectares in size and is located to the north and south of Springhill and Leadloch Road, Shotts. The application site is located to the east of a recent residential development which the applicant and Keepmoat Homes have permission under Planning Permission 20/00110/MSC. The application site is bounded by residential properties to the west and open countryside to the north, east and south. 2. Proposed Development 2.1 The applicant seeks planning permission for a residential development of 246 dwellinghouses, including formation of roundabout, drainage, infrastructure and landscaping (application covering matters specified by conditions of planning permission in principle 17/00389/PPP). 2.2 The applicant proposes a range of house types including terraced, semi-detached and detached dwellinghouses in the following house types: • House type A – two storey terraced dwellinghouse with two bedrooms • House type B – two storey semi-detached dwellinghouse with three bedrooms • House type C – two storey with attic accommodation terraced dwellinghouse with three bedrooms • House type D – three storey terraced dwellinghouse with three bedrooms • House type E – two storey detached dwellinghouse with three bedrooms • House type F – two storey detached dwellinghouse with three bedrooms • House type G – two storey detached dwellinghouse with four bedrooms • House type H – two storey detached dwellinghouse with five bedrooms 2.3 As part of the proposed development the applicant also proposes two equipped play areas and multi-use games area (MUGA). Access to the proposed development is proposed from a new roundabout located on Springhill and Leadloch Road which will provide access to the northern and southern parts of the development. 3. Applicant’s Supporting Information 3.1 The Applicant has provided the following information: • Architectural drawings • Site level and section drawings • Landscape proposals • Coal Mining Risk Assessment • Mineral Risk Assessment Summary • Site Investigation Report • Flood Risk Assessment and Drainage Strategy Report • Additional Flood Risk Assessment • Remedial Strategy Report • District Heating Feasibility Report • Pollution Prevention Plan • Street Engineering & Quality Audit • Ecology 17/00389/PPP Ecology Update • Ecology 17/00389/PPP Biodiversity Net Gain Ecology 17/00389/PPP GWDTE (Ground Water Dependent Terrestrial Ecosystem) Survey Page 13 of 50
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4. Site History 4.1 An application for planning permission in principle (reference 17/00389/PPP Residential Development Including Public Open Space, Roads and Drainage Infrastructure (Permission in Principle) (to which this Matters Specified by Conditions application relates) was approved subject to conditions and Planning Obligation by way of a S75 legal agreement. The S75 related to the payment of a developer contribution towards education provision (£1,298,092.12 in total, £3708,83 per residential unit). 4.2 An application (reference 20/00235/MSC Masterplan and Phasing of Development (Application Covering Matters Specified by Conditions of Planning Permission in Principle 17/00389/PPP) was approved subject to conditions on 18th December 2020. This permission approved the Masterplan and phasing of the residential development approved under permission 17/00389/PPP. The development approved under permission 17/00389/PPP was to be developed in five phases the first of which was for 104 dwellinghouses (Application Ref. 20/00110/MSC detailed below in paragraph 4.3). Phase two was to comprise of formation of the roundabout on Springhill and Leadloch Road, whilst further housebuilding would be undertaken in phases three to five. 4.3 An application reference 20/00110/MSC for Residential Development of 104 Units, Including Alterations to Site Levels and Formation of Boundary Fence up to 2.5 Metres High on the Western Boundary (Application Covering Matters Specified by Conditions of Planning Permission in Principle 17/00389/PPP)) was approved subject to conditions on 18th December 2020. This permission for 104 dwellinghouses (phase 1 of 17/00389/PPP) included a Traffic Regulation Order (TRO) to extend the 30mph limit of Springhill and Leadloch Road and diversion of a Right of Way which runs through the development site. The extension of the 30mph limit of Springhill and Leadloch Road is now in place. The diversion of the Right of Way has also been completed. 5. Development Plan 5.1 The statutory development plan consists of National Planning Framework 4 (NPF 4) and the North Lanarkshire Local Development Plan, Adopted 6th July 2022 (NLLDP). 5.2 NPF 4 policy 3 Biodiversity sets out criteria by which development should be assessed. Development proposals should contribute to the enhancement of biodiversity, and development proposals for major development will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity. 5.3 NPF 4 policy 13 Sustainable Transport sets out to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. 5.4 NPF 4 policy 14 Design, Quality and Place seeks to ensure that developments are of a good design that are not detrimental to the amenity of surrounding area and are consistent with the 6 qualities of successful places – Healthy, Pleasant, Connected, Distinctive, Sustainable and Adaptable. 5.5 NPF 4 policy 15 Local Living and 20 Minute Neighbourhoods sets out that to establish this goal consideration will be given to existing settlement pattern, and the level and quality of interconnectivity of the proposed development with the surrounding area. 5.6 NPF 4 policy 16 Quality Homes supports new homes on land allocated for housing in Local Development Plans and sets out various requirements including, and not limited, to meeting local housing requirements, providing, or enhancing local infrastructure, facilities or services and improving the residential amenity of the surrounding area. 5.7 NPF 4 policy 21 Play, Recreation and Sport seeks to encourage, promote and facilitate spaces and opportunities for play, recreation and sport. 5.8 NPF 4 policy 22 Flood risk and Water Management intends to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. Page 14 of 50
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5.9 NLLDP policy PROM LOC1 Regeneration Priorities This policy sets out that the council will promote regeneration and sustainable growth delivering the right amount of development in the right places, developed to the right quality, and for the benefit of the communities they affect. Physical regeneration of the existing urban area and within identified Centres will be given priority. 5.10 NLLDP policy PROM LOC3 Housing Development Site This policy advises that the council will provide a generous supply of land to maintain a minimum five-year effective housing land supply at all times for each Housing Sub-Market Area and the local authority area. The application site has been included within the council’s Housing Land Supply (site NLMW1261) and is designated for housing development. 5.11 NLLDP policy PP 3 and AD 3 General Urban Area This policy which seeks to maintain and improve the level of amenity in urban areas, by encouraging development that is in keeping with its often primarily residential character and encouraging diversity in more mixed-use areas. General Urban Areas are either primarily residential in character or have a mixture of recognisably urban uses. 5.12 NLLDP policy PROT A Natural Environment and Green Network Assets Planning permission will only be granted for proposals potentially affecting Local Sites if it can be demonstrated to the council’s satisfaction that there will be no adverse impact or that any impacts can be mitigated in environmental terms relevant to the impact. 5.13 NLLDP policy CI Contributions to Infrastructure This policy sets out that the council will seek developer contributions for new developments that individually or cumulatively generate a requirement for new or enhanced services or infrastructure in respect of Affordable Housing, Education, Transport and Green Infrastructure, Amenity Space and Play. 5.14 NLLDP policies Environmental and Design Quality Policies EDQ 1 – Site Appraisal EDQ 2 – Specific Features for Consideration EDQ 3 – Quality of Development These three policies 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 policies 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 to promote sustainable public travel or for example the provision of electrical charge points where the car is still a requirement. 6. Consultations 6.1 The following consultation responses have been received in respect of the application. 6.2 The Coal Authority has no objection to the proposed development. Condition six of permission 17/00389/PPP (to which this MSC application relates) required the undertaking of further site investigations to confirm whether any risks are posed to development as a result of recorded mine entries and shallow coal workings. Further site investigations were carried out and the Coal Authority has advised that, based on the information and the professional opinions of the authors of the various reports submitted as part of the discharge of condition six, it considers that the requirements of Condition 6 of the PPP have now been adequately addressed. 6.3 SEPA has advised that it has no objection to this application. 6.4 Scottish Water has no objections to this application. Page 15 of 50
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6.5 NLC Protective Services have no objections regarding the proposed development subject to site investigations being undertaken. Although some site investigation information has been submitted, all issues relating to site investigation are yet to be resolved. Conditions regarding Site Investigations should therefore be attached to any permission. 6.6 NLC Infrastructure & Transportation has no objection to the proposed development subject to conditions relating to the implementation of the proposed roundabout, internal road layout and Active Travel Routes. 6.7 NLC Greenspace & Country Parks has no objection to this application and is satisfied with the proposed scheme of landscaping, planting and biodiversity enhancements. Conditions requiring the implementation of these aspects should be attached to any permission. NLC Greenspace & Country Parks has reviewed the Ecology Update report, Ground Water Dependent Terrestrial Ecosystems (GWDTE) report, Pollution Prevention report and Biodiversity Net Gain report submitted by the applicant and are satisfied with the content of these reports. Conditions requiring the submission of an updated Ecology Update report and the implementation of all recommendations within the updated report should be attached to any permission. A further condition regarding the implementation of the Pollution Prevention Plan should also be attached to any permission. 6.8 NLC Community Partnership Team which now overseas play provision has provided comments regarding the proposed equipped play areas, multi-use games area (MUGA) and open space for informal play and recreation. Conditions ensuring the implementation of these aspects should be attached to any permission. 7. Representations 7.1 No representations were received within the neighbour notification and advertisement process for this application. An objection was received however it was received out with the timescale for public comments to be made. 8. Planning Assessment 8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions are made in accordance with the development plan unless material considerations indicate otherwise. The Development Plan comprises the North Lanarkshire Local Development Plan (NLLDP) and the National Planning Framework 4 (NPF 4) with NPF 4 prevailing over any NLLDP policies that are incompatible with its aims and objectives. National Planning Framework 4 8.2 The introduction of NPF 4 in February 2023 requires that these policies be taken into account in assessing all developments. The most appropriate of these are discussed below. 8.3 NPF 4 policy 3 Biodiversity sets out criteria on how development proposals should contribute to the enhancement of biodiversity. Part a) advises that development proposals will contribute to the enhancement of biodiversity, including where relevant, restoring degraded habitats and building and strengthening nature networks and the connections between them. Part b) further advises that proposals for major development will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention. It is considered that the proposed development complies with policy 3 as a significant scheme of landscaping, planting and biodiversity enhancements are proposed by the applicant including an open space corridor. The proposed planting scheme includes the planting of native woodland and wildflower species, native hedgerows, trees and shrubs. In terms of other biodiversity enhancement, bird boxes and insect hotels are also proposed. Page 16 of 50
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8.4 The applicant has also provided an Ecology Update report, Ground Water Dependent Terrestrial Ecosystems (GWDTE) report, Pollution Prevention report and Biodiversity Net Gain report. Based on the information received, it is considered that the proposed development would not have an adverse impact on the natural environment and would instead enable the introduction of native flora and the potential to actively improve biodiversity within the site by way of the proposed biodiversity enhancements. NLC Greenspace & Country Parks have been consulted on this application and their comments are summarised above. NLC Greenspace & Country Parks have no objection to the proposed development and have advised that conditions requiring the submission of an updated Ecology report and the implementation of all recommendations within the updated report be attached to any permission. A further condition regarding the implementation of the Pollution Prevention Plan should also be attached to any permission. On assessment, it is considered that the proposed development would be sufficiently compatible with policy 3 Biodiversity, subject to these conditions. 8.5 NPF 4 policy 13 Sustainable Transport sets out 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 application site is well located with opportunities for sustainable travel by bus within walking distance of the application site. Bus services serving bus stops located on Tulloch Road and Springhill Road enable access to a range of destinations such as Harthill, Wishaw General Hospital, Ravenscraig, Motherwell and Livingston and other opportunities for onward travel by train via Shotts Train Station. The proposed layout of the development allows for high quality permeable walking environments within the site together including the installation of 3.5m wide footpaths within the development which also connect to the existing footway network in adherence with NLC’s Active Travel Strategy. The proposed development therefore accords with policy 13 Sustainable Transport. 8.6 NPF4 policy 14 Design, Quality and Place seeks to ensure that developments are of a good design that are not detrimental to the amenity of the surrounding area and are consistent with the 6 qualities of successful places – Healthy, Pleasant, Connected, Distinctive, Sustainable and Adaptable. Proposals which are poorly designed or detrimental to the amenity of the surrounding area will not be supported. LDP policies EDQ 1 and EDQ 3 collectively have similar requirements, specifying that development proposals be subject to an appropriate site appraisal and achieve a high quality of development. The proposed residential development is considered well designed and in keeping with the existing recent residential development to the west of the application site. The inclusion of areas for recreation, play and sport within the development provides opportunities for future residents to access such facilities within walking distance of their homes. The proposed development integrates well with the surrounding area which meets the six qualities of successful places and therefore accords with this policy. 8.7 NPF 4 policy 15 Local Living and 20 Minute Neighbourhoods 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. When considering a proposal, consideration will be given to the existing settlement pattern, and the level and quality of interconnectivity of the proposed development with the surrounding area, including local access to sustainable modes of transport (local public transport and safe, high-quality walking, and cycling networks), shopping, education and health, social services and affordable and accessible housing options. Being within an urban area the application site is well served by road and footpath links. The site has access to sustainable travel options such as buses which provides direct connections to large supermarkets within Newmains and Wishaw. To the west of the application site along Springhill Road there are local convenience shops providing day to day provisions. The proposed development is therefore considered to comply with policy 15 of NPF 4. 8.8 NPF 4 policy 16 Quality Homes seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations, providing choice across tenures that meet the diverse housing needs of people and communities. Policy 16 a) advises that development proposals for new homes on land allocated for housing in LDPs will be supported. The application site is designated as a housing development site (NLMW1261) within the NLLDP. The proposed residential development therefore accords with policy 16. Page 17 of 50
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8.9 Policy 21 Play, Recreation and Sport seeks to encourage, promote and facilitate spaces and opportunities for play, recreation and sport. Policy 21 sets out criteria for when development proposals will be supported. This includes developments which involve informal play space on unused land, incorporate well-designed, good quality provision for play, recreation, and relaxation that is proportionate to the scale and nature of the development proposed and development which includes inclusive streets and public realm that young people can play and move around safely and independently, maximising opportunities for informal and incidental play in the neighbourhood. It is considered that the proposed development and its provision of two equipped play area located within areas of open space, MUGA and open space corridor complies with policy 21. The dispersed nature of these aspects will enable all residents within the development to access these facilities within walking distance and will enable children to move around safely using the footways throughout the development. 8.10 Policy 22 Flood Risk and Water Management intends to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. Part c) of policy 22 advises that development proposals should not increase the risk of surface water flooding to others, or itself be at risk, manage all rain and surface water through sustainable urban drainage systems (SUDS) and seek to minimise the area of impermeable surface. The applicant has provided a Flood Risk Assessment and Drainage Strategy by Bayne Stevenson Associates Ltd dated December 2022 and a separate Flood Risk Assessment by Kaya Consulting dated September 2023. The applicant has further provided detailed drainage design drawings for the proposed development including two SUDS basins and for the roundabout proposed as part of the residential development. SEPA was consulted on this application and has confirmed that it has no objection to this application. Should this application be approved conditions to ensure the proposed drainage scheme including SUDS basins for the proposed development shall be attached to any permission. The proposed development therefore complies with policy 22. 8.11 Based on the above assessment the proposed development complies with policies 3, 13, 14, 15, 16, 21 and 22 of NPF 4. North Lanarkshire Local Development Plan 8.12 With regards to policy PROM LOC 1, as detailed above this policy seeks to promote regeneration and sustainable growth with the physical regeneration of the existing urban area given priority. Furthermore, development proposals will require to take into account all Promote and Protect Policies and the council’s Regeneration Priorities which include housing development sites identified within the NLLDP. Given both the location and nature of the proposed development, this application is consistent with the aims of this policy. 8.13 Policy PROM LOC3 advises that the council will provide a generous supply of land for housing development. The application site is a designated housing development site within the NLLDP. This site is referenced as NLMW1261 Springhill Farm. The use of this site for housing would therefore accord with PROM LOC3. 8.14 The application site is further designated as part of the General Urban Area under policies PP 3 and AD 3. Policy PP 3 and AD 3 seeks to maintain and improve the level of amenity in urban areas, by encouraging development that is in keeping with its often primarily residential character and encouraging diversity in more mixed-use areas. General Urban Areas are either primarily residential in character or have a mixture of recognisably urban uses. In terms of policy PP 3 and AD 3, the proposed development is located within the General Urban Area and will enable an existing vacant site to be developed. The proposal for a residential development of 246 dwellinghouses would integrate successfully with the existing residential areas to the south and east. It is therefore considered that this application would comply with policies PP 3 and AD 3. Page 18 of 50
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8.15 Policy PROT A Category A5 sets out that development that significantly affects a species protected by law will only be permitted where an appraisal has demonstrated that the protected species would not be compromised; or any significant adverse effects on the protected species are mitigated through planning conditions. As detailed above the applicant has submitted an Ecology Update dated November 2022 and a GWDTE (Ground Water Dependent Terrestrial Ecosystems) report dated September 2023. The Ecology Update report advises that no habitats for protected species such as water voles and bats were located within the application site. The GWDTE report advises that it is difficult to state with certainty that the application site, with its marshy grasslands to the south of Springhill and Leadloch Road is a GWDTE. Based on the information received, it is considered that the proposed development would not have an adverse impact on the existing natural environment of the application site. The development with its inclusion of native flora has the potential to actively improve biodiversity within the site by way of the proposed biodiversity enhancements. As detailed above NLC Greenspace & Country Parks have no objection to the proposed development and has advised that conditions requiring the submission of an updated Ecology report and the implementation of all recommendations within the updated report should be attached to any permission. A further condition regarding the implementation of the Pollution Prevention Plan would also be attached to any permission. 8.16 In terms of policy CI, where new development is proposed that, individually or cumulatively, generates a requirement for new or enhanced infrastructure or services in the categories listed, developers will be expected to contribute towards the provision of the required infrastructure, facilities and services. Policy CI 1 Contributions to Infrastructure sets out the four categories of infrastructure which the council could seek developer contributions towards. CI 1 Category Education advises that for proposed residential developments the Council would seek education infrastructure contributions, through Legal Agreements or planning conditions, based on adaptations and new builds within the council’s Schools and Centres 21 Programme and the identified solutions to deal with the impact of all known future development within the catchment areas. In this case a contribution towards education provision was agreed as part of the approval of Planning Permission in Principle (reference 17/00389/PPP) to which this application relates. A Planning Obligation by way of a S75 legal agreement was agreed and signed and requires the applicant to provide a contribution of £1,298,092.12 in total (£3708,83 per residential unit). Phase 1 Planning Permission in Principle development 20/00110/MSC (residential development of 104 Units) was approved in December 2020 and the construction of all 104 dwellinghouses has been completed. The required developer contribution for the 104 dwellinghouses has been paid to the council. 8.17 CI 1 Category Transport advises that the requirement of any transport infrastructure will be identified by the Council as Transport Authority on a case-by-case basis through the Development Management process. For all forms of development, the Council will secure the required on-site transportation infrastructure by planning condition and or legal agreement. The applicant proposes the construction of a new roundabout on Springhill and Leadloch Road at their own expense. NLC Infrastructure & Transportation has no objection to the proposed development subject to a condition relating to the implementation of the proposed roundabout. Should this application be approved, a condition requiring the formation of the proposed roundabout shall be attached to any permission. 8.18 CI 1 Category Green Infrastructure, Amenity Space and Play advises that for all forms of development a contribution towards the creation of green infrastructure, amenity space and/or the provision of play infrastructure may be expected. The council will secure the required on-site green infrastructure, amenity space and/or the provision of play infrastructure by planning condition and/ or legal agreement. The applicant proposes two equipped play areas located within areas of open space, MUGA and a corridor of open space within the proposed development. NLC Community Partnership Team has provided comments regarding the proposed equipped play areas, MUGA and open space for informal play and recreation and has advised that conditions ensuring the implementation of these aspects should be attached to any permission. Appropriate conditions are attached. Page 19 of 50
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8.19 In relation to policies EDQ 1 the applicant has submitted information in relation to their appraisal of the application site including architectural drawings, site level and section drawings, landscape proposals, a Coal Mining Risk Assessment, a Mineral Risk Assessment Summary report, Site Investigation Report, Flood Risk Assessment and Drainage Strategy Report, an Additional Flood Risk Assessment, a Remedial Strategy Report, a District Heating Feasibility Report, a Pollution Prevention Plan, Street Engineering & Quality Audit, Ecology Update, Biodiversity Net Gain and a GWDTE report. 8.20 Policy EDQ 2 Specific Features for Consideration details that the council will consider development in areas subject to hazards (Hazardous Zones such as Coal Mining Remediation Authority Development High Risk Areas) and other specific features (utilities infrastructure and management areas) in accordance with plans and protocols of the relevant managing agencies. The council will expect applications for Planning Permission to be accompanied by an assessment of how constraints affect sites dependant on the characteristics of the site, its surroundings and the form of development. The application site is located within a Coal Authority Development High Risk Area and the applicant has submitted a Coal Mining Risk Assessment and Mineral Risk Assessment Summary. As detailed above the Coal Mining Remediation Authority has no objection to the proposed development and that previous concerns regarding potential risks to the development from recorded mine entries and shallow coal workings have been resolved. No further information in relation to coal mining risk is required. 8.21 Policy EDQ 3 Quality of Development sets out that development will only be permitted where high standards of site planning and sustainable design are achieved. Aspects such as siting; overall layout; density; form; scale; height; massing; proportion; detailing; colour; materials for the proposed development need to be considered. Policy EDQ 3 also includes aspects related to creating areas which provide a sustainable, safe, secure, and convenient access to and from the development that makes it easy to move around, and is attractive to pedestrians, cyclists, and people with disabilities. Any development would need to integrate well with public transport, green networks, and wider links. The assessment of and (where necessary) the mitigation of pollution impacts is also included within policy EDQ 3. 8.22 With regard to policy EDQ 3, it is considered that the scale, density, design and overall layout; of the proposed development would be acceptable and would integrate successfully into the local and wider area. Due to the site layout and design of the development, it will not adversely affect the amenity of neighbouring residential properties to the west of the site in terms of privacy or overshadowing. The applicant has advised that the proposed dwellinghouses are to be finished in a brick base course (either red multi brick, orange/red brick or buff bricks), rendered walls (either cream, white or peach), and a concrete tile roof (in either grey or red). All dwellinghouses will have white PVC windows and doors. Whilst the finishing materials and colour palette proposed is acceptable, should this application be approved a condition requiring the submission of specific details of the proposed finishing materials for each of the 246 dwellinghouses will be attached to any permission. 8.23 The applicant has provided drawings detailing the application sites existing site levels and proposed finished site levels as well as site section drawing for the proposed development. A condition to ensure the implementation of the approved site levels will be included within any permission should this application be approved. 8.24 In terms of landscaping and biodiversity, a scheme of landscaping and biodiversity is proposed by the applicant which includes the creation of an open space corridor, the planting of native woodland and wildflower species, native hedgerows, trees and shrubs and the introduction of bird boxes and insect hotels. It is considered that that the proposed development would not have an adverse impact on the natural environment and would instead enable the introduction of native flora and enable enhancements to local biodiversity and wildlife through the significant scheme of landscaping, planting and biodiversity enhancements proposed by the applicant. Should this application be approved conditions requiring the full implementation of the proposed scheme of landscaping, planting and biodiversity enhancements would be attached to any permission. Conditions requiring the implementation of the maintenance scheme (set out in drawing 642.01.20d) would also be attached to any permission. Page 20 of 50
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8.25 Policy EDQ 3 also sets out the requirement for an adequate provision for amenity space and play provision within developments. As detailed above, the proposed development provides on site play provision and areas of open space for informal play. It is considered that the proposed development with its provision of two equipped play areas located within areas of open space, MUGA and open space corridor complies with this aspect of policy EDQ 3. Conditions ensuring the implementation of these aspects and their long-term management and maintenance would be attached to any permission. 8.26 With regards to flooding and drainage, the applicant has provided a Flood Risk Assessment and Drainage Strategy by Bayne Stevenson Associates Ltd dated December 2022 and a separate Flood Risk Assessment by Kaya Consulting dated September 2023. Following receipt of these assessments SEPA was consulted and has advised it has no objections to the proposed development. The development will include a surface water drainage scheme which includes two SUDS basins and drainage for the proposed roundabout. Should this application be approved conditions to ensure the implementation of the proposed drainage scheme including SUDS basins for the proposed development would be attached to any permission. 8.27 With regards to the transportation and parking aspects of policy EDQ 3, it is noted that the proposed development includes the creation of a new roundabout along Springhill and Leadloch Road, a new internal road layout for the development and off-street parking provision. It is considered that the proposed roundabout is required to ensure the safety of all road and footway users both within the development and along Springhill and Leadloch Road. NLC Infrastructure & Transportation has no objection to the proposed roundabout and is satisfied with its design. It is considered that although off-street vehicle parking provision is included within the development, due to the application site’s location, residents of the development will also have opportunities for more sustainable modes of transport such as cycling and public transport. The layout of the proposed development includes the installation of 3.5m wide footpaths within the development which will connect to the existing footway network in adherence with the Council’s Active Travel Strategy. Bus services serving bus stops located on Tulloch Road and Springhill Road enable access to a range of destinations such as Harthill, Wishaw General Hospital, Ravenscraig, Motherwell and Livingston and other opportunities for onward travel by train via Shotts Train Station. Should this application be approved conditions requiring the implementation of the proposed roundabout, internal road and footway layout and Active Travel Routes would be attached to any permission. 8.28 Policy EDQ 3 also includes the requirement for the assessment of and (where necessary) the mitigation of noise/air pollutants, pollution impacts and contamination caused either by the development or within the development site. In terms of site investigations, the applicant has submitted a Site Investigation report by DRM Consulting Engineers dated January 2023 and a Remedial Strategy Report also by DRM Consulting Engineers dated March 2023. NLC Protective Services have advised that although some site investigation information has been submitted, all issues relating to site investigation are yet to be resolved. Conditions regarding Site Investigations should therefore be attached to any permission should this application be approved. With regards to potential noise concerns, no concerns were raised by NLC Protective Services. 8.29 Policy EDQ 3 also seeks the move towards a low-carbon economy including promoting co-location of existing/proposed energy sources with high demand energy users and district heating networks for new developments. The applicant has submitted a District Heat Feasibility Report by RSP Consulting Engineers LLP dated 17th November 2022. This report following an assessment of the feasibility of district heating for the proposed development and the analysis of available low and zero carbon technologies, concludes that connecting to any existing district heating scheme is not a viable option for this development at present. The setting up of a new district heating system exclusively for the proposed development is also not feasible. Whilst the lack of feasibility for the use of district heating within the proposed development is noted, it is not considered that this is sufficient to warrant a refusal of the application. Page 21 of 50
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8.30 Taking into account the assessment above it is considered that the proposed development would be consistent with policies EDQ 1, EDQ 2 and EDQ 3. 8.31 As it is considered that the proposed development complies with development plan policy and in particular policies 3, 13, 14, 15, 16, 21 and 22 of NPF 4 and policies PROM LOC1, PROM LOC3, General Urban Area policies PP 3 and AD 3, PROT A Category 5, CI, EDQ 1, EDQ 2 and EDQ 3 of the North Lanarkshire Local Development Plan 2022, this application is considered to be acceptable in terms of the development plan unless there are any other material considerations that suggest it should be refused. Material Consideration 8.32 Planning Permission in Principle (17/00389/PPP) (to which this application relates) was approved subject to conditions and planning obligation by way of a S75 legal agreement on 29th November 2019. This permission approved a residential development of up to 350 units. As detailed above permission 20/00110/MSC for a residential development of 104 units was approved subject to condition on 18th December 2020. 8.33 With regards to the proposed phasing of the proposed development, application 20/00235/MSC for the Masterplan and Phasing of Development (Application Covering Matters Specified by Conditions of Planning Permission in Principle 17/00389/PPP)) was submitted and approved subject to conditions on 18th December 2020 as part of the discharge of condition 2 of 17/00389/PPP. This permission approved the Masterplan and phasing of the residential development approved under permission 17/00389/PPP. The development of the proposed residential development was to take place in five phases. Phase one consisted of development (20/00110/MSC). Phase two related to the construction of the roundabout on Springhill and Leadloch Road and phases three to five would consist of the development of the remaining areas within the development boundary for 17/00389/PPP. 8.34 It should be noted that condition 3 of permission 20/00235/MSC requires that (unless otherwise agreed in writing) no houses on phases three to five shall become occupied until the roundabout (phase 2) has been completed and become operational to the satisfaction of the council. 8.35 Development of this application would supersede planning permission 20/00235/MSC and to ensure appropriate infrastructure is put in place to service the development a condition requiring the applicant to submit a detailed document setting out the phasing of the construction of the development, now proposed, should be attached to any permission. This phasing document would include a plan showing the area covered by each separate phase, and a timescale for each phase. A further condition would also be attached in line with condition 3 of permission 20/00235/MSC, restricting the occupation of any of the dwellinghouses until after the roundabout has been completed and become operational to the satisfaction of the Council. 9. Conclusions 9.1 Subject to the attached conditions it is considered that the proposed development complies with policies 3, 13, 14, 15, 16, 21 and 22 of NPF 4 and would enable a site designated for housing to be developed, providing opportunities for play and amenity provision, landscaping, biodiversity enhancements and sustainable travel to and from the application site and wider Shotts area. 9.2 It is also considered acceptable in terms of meeting the criteria set out within policies PROM LOC1, PROM LOC3, General Urban Area policies PP 3 and AD 3, PROT A Category 5, CI, EDQ 1, EDQ 2 and EDQ 3 of the North Lanarkshire Local Development Plan 2022. The proposed residential development can be incorporated within the urban site and local area without having a detrimental impact on the character and amenity of the site and wider area, subject to the attached conditions. Page 22 of 50
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Application No: 24/00872/S42 Proposed Development: Section 42 Application to Vary Conditions 1 to 18 (Excluding Condition 7) of Permission 21/01434/S42 (Mixed Use Development Comprising Class 3 (Food & Drink), Class 7 (Hotel), Class 11 (Assembly/Leisure), Class 1A (Ancillary Retail) and Sui Generis (Roadside Fuel/Electric Charging, Hot Food Takeaway, Public Bar) with Associated Infrastructure (Drainage, Ground Treatment Landscaping) Site Address: Land South Of Junction Of Lancaster Avenue And Bellside Road Chapelhall Date Registered: 27th September 2024 Applicant: GS Brown Construction Ltd The Nurseries St Madoes Glencarse PH2 7NF Agent: Gray Planning & Development Ltd AYE House Admiralty Park Rosyth Dunfermline KY11 2YW Application Level: Other Application Contrary to Development Plan: Yes Ward: 12 Airdrie South Michael Joseph Coyle, Paul Di Mascio, Sandy Watson, Michael McBride, Representations: 0 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed variation of conditions of permission 21/01434/S42 will ensure a masterplan for the entire site is approved first and that any Matters Specified in Condition (MSC) applications will address the policy requirements of the current development plan. It is considered that the principle of a mixed use development which is the same mix of development to that previously approved remains acceptable in this location and continues to be an acceptable departure from the development plan, in this instance. Page 23 of 50
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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: 24/00872/S42 Name (of applicant): GS Brown Construction Ltd Site Address: Land South Of Junction Of Lancaster Avenue And Bellside Road Chapelhall Development: Section 42 application to Vary Conditions 1, 2 and 9 of Permission 21/01434/S42 (Mixed Use Development Comprising Class 3 (Food & Drink), Class 7 (Hotel), Class 11 (Assembly/Leisure), Class 1 (Ancillary Retail) and Sui Generis (Roadside Fuel/Electric Charging, Hot Food Takeaway, Public Bar) with Associated Infrastructure (Drainage, Ground Treatment Landscaping) Page 24 of 50
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Proposed Conditions:- 1. That before development of any of the phases approved through condition 2 below starts, further planning application(s) for approval of matters specified in condition (MSC) shall be submitted to the Planning Authority in respect of the following matters within that phase:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, car and cycle parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) details of the management and maintenance of the areas identified in (d) above; (f) the design and location of all boundary walls, barriers and fences; (g) the provision of surface drainage works incorporating SUDS; (h) the disposal of sewage; (i) details of existing trees, shrubs and hedgerows to be retained; (j) details of existing and proposed site levels. (k) hours of operation The details outlined above will be subject to consultation with statutory consultees including Transport Scotland. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006. 2. Notwithstanding, the terms of condition 1 above, the first such matters specified in condition (MSC) application shall be accompanied by an overall masterplan for the entire development hereby approved or be for the masterplan alone. Thereafter once approved, all subsequent MSC application(s) shall require to conform to the approved masterplan for the development hereby approved. For the avoidance of doubt the masterplan shall include the following: a) a phasing plan for the development of the site b) details of how each phase of the masterplan will be accessed from the adopted road network, including connectivity to the wider transport network, c) a landscape buffer to the Green Belt and how biodiversity will be enhanced within the site. Reason: To enable the Planning Authority to consider these aspects strategically. 3. For the avoidance of doubt, no permission is hereby given for the indicative site layout submitted with this application and the layout shown on indicative drawing 7362 – 201 Revision D is not approved. Reason: To define the permission. 4. That notwithstanding the terms of condition 1 above, unless otherwise agreed in writing by the Planning Authority, the Class 1A Retail use hereby permitted shall not exceed 1,700 square metres gross internal floorspace. Reason: To define the permission and to ensure that the development does not have impacts on other existing town centres above those predicted in the Retail Impact Assessment by Hargest Planning Ltd (dated July 2018). 5. Notwithstanding the terms of condition 1 above, in terms of mineral stability, any further planning application(s) for approval of matters specified in condition (with the exception of the masterplan required under the terms of condition 2 above) shall require to submit a detailed programme of works, to address any necessary remedial works set out within the Report on Site Investigations dated February 2019 prepared by Mason Evans Geo-Environmental Consultants, for written approval of the Planning Authority. Thereafter the approved detailed programme of works shall be carried out to the satisfaction of the Council prior to the development bring brought into use. Page 25 of 50
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Reason: To ensure the mineral stability of the site. 6. Notwithstanding the terms of condition 1 above, any further planning applications for approval of matters specified in condition shall require, the full details of the proposed surface water drainage scheme to be submitted to and approved in writing by the Planning Authority following consultation with Transport Scotland and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance. Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to the development site. 7. That the SUDS compliant surface water drainage scheme approved under the terms of condition 6 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to and approved in writing by the Planning Authority following consultation with Transport Scotland confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans. Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site. 8. Notwithstanding the terms of condition 1 above, any further planning applications for approval of matters specified in condition (with the exception of the masterplan required under the terms of condition 2 above) shall require the applicant to provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development. Reason: To ensure the provision of satisfactory drainage arrangements. 9. Notwithstanding the terms of condition 1 above, as part of any matters specified in condition application in relation to the development hereby approved (with the exception of the masterplan required under the terms of condition 2 above), a scheme of landscaping and biodiversity enhancements shall be submitted to, and approved in writing by the Planning Authority, and it shall include the following: a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; d) a detailed scheme of biodiversity enhancements e) details of a landscape buffer to the adjacent Green Belt f) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site. Thereafter, the proposed landscaping shall be carried out in accordance with the terms of this condition. Reason: To ensure the provision of acceptable landscaping and in order to enhance nature conservation and biodiversity. 10. Notwithstanding the terms of condition 1 above, any further planning applications for approval of matters specified in condition (with the exception of the masterplan required under the terms of condition 2 above) shall require a management and maintenance scheme to be submitted for approval of the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- Page 26 of 50
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a) the proposed roads and footpaths; b) the proposed parking areas; c) the proposed external lighting; d) the proposed grassed, planted and landscaped areas; e) the proposed fences. For the avoidance of doubt, the full name and contact details of the contractor who will implement the management and maintenance requires to be set out within the submitted management and maintenance scheme. Reason: To ensure the hard and soft landscaping is appropriately maintained and managed and amenity is safeguarded. 11. That prior to the operation of any development within the application site, the management and maintenance scheme approved under the terms of condition 10 shall be in place. Reason: In the interests of the amenity of the area. 12. Notwithstanding the terms of condition 1 above, any further planning applications for approval of matters specified in condition (with the exception of the masterplan required under the terms of condition 2 above) shall require, an updated Ecology report (including any necessary protected species surveys) to be provided for the written approval of the Planning Authority. All recommendations detailed within this updated Ecology report shall be implemented in full. Reason: In the interests of protecting nature conservation interests. 13. 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. Any Remediation Strategy should include a detailed phasing timetable for remedial works. 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 For the avoidance of doubt, the comprehensive site investigation report required under this condition must cover the entire application site and no works of any kind should take place within the application site (including any development granted through approval of any matters specified in condition applications) shall be undertaken prior to the approval of the comprehensive site investigation report and associated Remediation Strategy. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents. 14. That any remediation works identified by the site investigations required in terms of condition 13 above, shall be carried out to the satisfaction of the Planning Authority and in line with the phasing timetable detailed within the approved Remediation Strategy. Prior to the operation of any development within each individual remediation phase, a certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works required 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. 15. That any mechanical plant associated with the development hereby permitted shall not give rise to a noise level, assessed with windows open, within any dwelling or noise sensitive buildings in excess Page 27 of 50
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of the equivalent to Noise Rating Curve (N.R.C) 35 between 07.00 hours and 23.00 hours and N.R.C 25 at all other times. Reason: In the interests of residential amenity. 16. Notwithstanding the terms of condition 1 above, any further planning applications for approval of matters specified in condition (with the exception of the masterplan required under the terms of condition 2 above) shall require a statement to address the requirements of the programme of Archaeological works detailed with the Archaeological Evaluation Written Scheme of Investigation dated 28th November 2018 by AOC Archaeology Group to be submitted for written approval by the Planning Authority. Reason: In the interests of the preservation of cultural heritage. 17. Notwithstanding the terms of condition 1 above, any further planning applications for approval of matters specified in condition (with the exception of the masterplan required under the terms of condition 2 above) shall require a detailed Transport Assessment to be submitted to the Planning Authority. This Transport Assessment shall be carried out by a suitably qualified party and include proposals which prioritise walking, wheeling, cycling and public transport and demonstrate connectivity to the wider transport network. Reason: In the interests of traffic and pedestrian safety. Background Papers: Consultation Responses: Transport Scotland The Coal Mining Remediation Authority NLC Protective Services NLC Infrastructure & Transportation NLC Archaeology Consultant Contact Information: Any person wishing to inspect these documents should contact Patricia Beaton at planningenquiry@northlan.gov.uk Report Date: 17th January 2025 Page 28 of 50
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APPLICATION NO. 24/00872/S42 REPORT 1. Site Description 1.1 The site is an area of unkept grass to the south east of Chapelhall which is part of a larger area of land between Lancaster Avenue and the A8. It is rectangular in shape with levels rising upwards gently from east to west. The site is adjacent to housing, woodland and more open space to the north, the A73, a roundabout and open space to the east, a SUDs pond and junction 6 (Newhouse) of the M8 to the south and open space to the west. There are some trees within the site which are not protected by any Tree Preservation Orders. 2. Proposed Development 2.1 This planning application has been submitted under the terms of Section 42 of the Town and Country Planning (Scotland) Act 1997 and initially sought to amend conditions 1, 2 and 9 of planning permission 21/01434/S42 which granted planning permission in principle for the development of the site. However, following discussions with the applicant, the applicant now seeks to vary conditions 1 to 18 (excluding condition 7) of permission 21/01434/S42. 2.2 Under approved condition 1 of permission 21/01434/S42, the applicant was required to submit one further application for approval of matters specified in condition (MSC) for the approved development and this single MSC application was to set out the full details of the entire approved development and the development was not to be phased. The applicant is seeking to amend the wording of this condition to enable multiple MSC applications to be submitted in relation to the approved development. The proposed wording for condition 1 is detailed as follows: 1. That before development of any of the phases approved through condition 2 below starts, further planning application(s) for approval of matters specified in condition (MSC) shall be submitted to the Planning Authority in respect of the following matters within that phase:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, car and cycle parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) details of the management and maintenance of the areas identified in (d) above; (f) the design and location of all boundary walls, barriers and fences; (g) the provision of surface drainage works incorporating SUDS; (h) the disposal of sewage; (i) details of existing trees, shrubs and hedgerows to be retained; (j) details of existing and proposed site levels. (k) hours of operation The details outlined above will be subject to consultation with statutory consultees including Transport Scotland. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006. 2.3 The proposed change to condition 1 which although enabling the submission of multiple MSC applications in association with the approved development does not ensure the delivery of a masterplan for the complete development of the site. Therefore, an additional condition is now required to ensure the first subsequent MSC application will provide an overall masterplan for the entire development as previously approved. This additional condition will also set out the information required to be demonstrated within the masterplan for the first MSC application. The proposed wording for this condition is detailed as follows. This new condition if approved will be numbered as condition 2: Page 29 of 50
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2. Notwithstanding, the terms of condition 1 above, the first such matters specified in condition (MSC) application shall be accompanied by an overall masterplan for the entire development hereby approved or be for the masterplan alone. Thereafter once approved, all subsequent MSC application(s) shall require to conform to the approved masterplan for the development hereby approved. For the avoidance of doubt the masterplan shall include the following: a) a phasing plan for the development of the site b) details of how each phase of the masterplan will be accessed from the adopted road network, including connectivity to the wider transport network, c) a landscape buffer to the Green Belt and how biodiversity will be enhanced within the site. Reason: To enable the Planning Authority to consider these aspects strategically. 2.4 In terms of the approved condition 2 of permission 21/01434/S42, it is currently worded ‘For the avoidance of doubt, no permission is hereby given for the indicative site layout submitted with this application. This serves as an indicative layout only.’ The applicant is seeking to amend the wording of this condition to make clear that indicative site layout drawing 7362 – 201 Revision D submitted by the applicant as part of this current application is not approved as this would be dealt with through the submission of the first MSC application for the masterplan, if consent is granted for this application. The numbering of this condition would therefore be re-numbered as condition 3. 2.5 Approved condition 3 of permission 21/01434/S42 restricts the amount of Class 1 Retail use to be permitted as part of the approved development. Since the approval of permission 21/01434/S42, the Town and Country Planning (Use Classes) (Scotland) Order 1997 (as amended) has been amended further and the Class previously known as Class 1 has been amalgamated with Class 2 and re- named as Class 1A. It is therefore proposed to substitute the reference to Class 1 within approved condition 3 to that of Class 1A as follow. Should this revised condition be approved, it would be re- numbered as condition 4: 4. That notwithstanding the terms of condition 1 above, unless otherwise agreed in writing by the Planning Authority, the Class 1A Retail use hereby permitted shall not exceed 1,700 square metres gross internal floorspace. Reason: To define the permission and to ensure that the development does not have impacts on other existing town centres above those predicted in the Retail Impact Assessment by Hargest Planning Ltd (dated July 2018). 2.6 Approved conditions 4 and 5 of permission 21/01434/S42 currently relate to the submission of site investigation information in relation to mineral stability as well as the implementation of remedial works. Condition 4 has already been discharged by the applicant (under permissions 18/00266/PPP and 21/01434/S42) and it is proposed that approved condition 4 is deleted in its entirety and that approved condition 5 be amended to reflect the discharge of condition 4 as follows. Condition 5 would retain its current number: 5. Notwithstanding the terms of condition 1 above, in terms of mineral stability, any further planning application(s) for approval of matters specified in condition (with the exception of the masterplan required under the terms of condition 2 above) shall require to submit a detailed programme of works, to address any necessary remedial works set out within the Report on Site Investigations dated February 2019 prepared by Mason Evans Geo- Environmental Consultants, for written approval of the Planning Authority. Thereafter the approved detailed programme of works shall be carried out to the satisfaction of the Council prior to the development bring brought into use. Reason: To ensure the mineral stability of the site. Page 30 of 50
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2.7 As a result of the proposed amendment of condition 1 to enable separate MSC applications to be submitted for different parts of the approved development, the remaining conditions also require to be altered to reflect this. The proposed amendment to the wording of condition 6 (which relates to drainage infrastructure), detailed above does not alter the requirement for the applicant to submit this necessary info on-site drainage requirements across the entire site to mitigate against any potential drainage issues arising if the site is developed in separate phases. 2.8 Condition 7 relates to the implementation of the approved drainage scheme for the site and does not require to be varied. The proposed amendment to the wording of condition 8 (which relates to the development’s compliance with Scottish Water requirements), detailed above will not alter the actions required by the applicant. The amended wording for approved condition 8 will also ensure subsequent MSC applications (excluding the ‘Masterplan’ MSC) in relation to the approved development consider Scottish Water’s requirements for each of the types of development approved in principle under permissions 18/00266/PPP and 21/01434/S42. 2.9 Permissions 18/00266/PPP and 21/01434/S42 were granted subject to conditions which included conditions related to the requirements of Scottish Water (conditions 8 and 9). Condition 9 erroneously duplicated condition 8 and did not relate to a separate matter. Condition 9 has therefore been deleted. 2.10 Approved condition 10 of permission 21/01434/S42 relates to the submission of a scheme of landscaping and biodiversity and what aspects to be included within any such scheme. The amendment of this condition is considered necessary as a result of the amendment of condition 1 (to ensure a scheme of landscaping and biodiversity enhancements is submitted as part of any subsequent MSC applications (excluding the ‘Masterplan’ MSC) in relation to the approved development) and to ensure the development’s compliance with NPF 4 (National Planning Framework 4). It is therefore proposed to amend approved condition 10 as follows. Should this revised condition be approved, it would be re-numbered as condition 9: 9. Notwithstanding the terms of condition 1 above, as part of any matters specified in condition application in relation to the development hereby approved (with the exception of the masterplan required under the terms of condition 2 above), a scheme of landscaping and biodiversity enhancements shall be submitted to, and approved in writing by the Planning Authority, and it shall include the following: a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; d) a detailed scheme of biodiversity enhancements e) details of a landscape buffer to the adjacent Green Belt f) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site. Thereafter, the proposed landscaping shall be carried out in accordance with the terms of this condition. Reason: To ensure the provision of acceptable landscaping and in order to enhance nature conservation and biodiversity. 2.11 Approved condition 11 of permission 21/01434/S42 requires the submission of a management and maintenance scheme for the approved development. Again, this condition requires a minor amendment to ensure that this scheme is submitted as part of any subsequent MSC applications (excluding the ‘Masterplan’ MSC) for the approved development. Furthermore, the amended condition (if approved) will also ensure that contact details of the contractor who will implement the management and maintenance (for areas such as internal roads, parking areas and landscaping) is submitted to Planning. It is therefore proposed to amend the condition as follows and this would be re-numbered as condition 10: Page 31 of 50
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10. Notwithstanding the terms of condition 1 above, any further planning applications for approval of matters specified in condition (with the exception of the masterplan required under the terms of condition 2 above) shall require a management and maintenance scheme to be submitted for approval of the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- a) the proposed roads and footpaths; b) the proposed parking areas; c) the proposed external lighting; d) the proposed grassed, planted and landscaped areas; e) the proposed fences. For the avoidance of doubt, the full name and contact details of the contractor who will implement the management and maintenance requires to be set out within the submitted management and maintenance scheme. Reason: To ensure the hard and soft landscaping is appropriately maintained and managed and amenity is safeguarded. 2.12 Approved condition 12 will now require to become condition 11. It relates to the implementation of the approved management and maintenance scheme and its wording does not require to be varied. 2.13 With regard to approved conditions 13 and 14, these conditions relate to the implementation of ecological mitigation works (as detailed in an Ecological Impact Assessment dated November 2017) and the submission of further protected species surveys. It is considered that the proposed deletion of approved conditions 13 and 14 and their replacement by a single condition which would require the submission of an updated Ecology report (including any necessary protected species surveys) would be appropriate to control this matter. Furthermore, this single replacement condition will also allow for the proposed amendment to condition 1. The proposed wording for the replacement condition is therefore detailed as follows and would be re-numbered as condition 12: 12. Notwithstanding the terms of condition 1 above, any further planning applications for approval of matters specified in condition (with the exception of the masterplan required under the terms of condition 2 above) shall require, an updated Ecology report (including any necessary protected species surveys) to be provided for the written approval of the Planning Authority. All recommendations detailed within this updated Ecology report shall be implemented in full. Reason: In the interests of protecting nature conservation interests. 2.14 With regards to the proposed amendment of approved condition 15, this condition which relates to the submission of a site investigation and if required, a Remediation Strategy will need to be amended in light of the amendment to condition 1. It has therefore been amended to ensure the first MSC application will carry out an appropriate site investigation across the entire site as this matter requires to be considered across the full site to ensure there are no issues for any phased development approved through further MSC’s. The wording will also include the ability to submit a phasing plan for any remediation should that be required as a result of the site investigation Condition 15 would be re-numbered as condition 13. 2.15 With regards to approved condition 16 (implementation of any approved Remediation Strategy) this condition would be amended to ensure that the implementation of any necessary remediation works are completed in line with any phasing plan approved within the approved Remediation Strategy. It is therefore proposed to amend approved condition 16 as follows and it would be re-numbered as condition 14: 14. That any remediation works identified by the site investigations required in terms of condition 13 above, shall be carried out to the satisfaction of the Planning Authority and in line with the phasing timetable detailed within the approved Remediation Strategy. Prior to the operation of any development within each individual remediation phase, a certificate (signed by a Page 32 of 50
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chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works required 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. 2.16 A minor amendment to the wording of condition 17 which restricts the noise level of mechanical plant associated with the approved development is proposed. The current wording of the approved condition includes the phase ‘should not give rise’. It is proposed that this be replaced with ‘shall not give rise’ to provide certainty. The amended condition if approved would be re-numbered as condition 15. 2.17 In terms of the deletion of approved condition 18, this condition as it currently stands relates to the submission of a programme of Archaeological works for approval by Planning and its implementation. Condition 18 of permission 18/00266/PPP and 21/01434/S42 has been partially discharged as a programme of archaeological works for the application site has been submitted and approved. It is proposed that the approved condition 18 be deleted in full and replaced by a separate condition which requires a statement to address the requirements of the approved programme of Archaeological works be submitted as part of any subsequent MSC applications (excluding the ‘Masterplan’ MSC). The proposed wording for the replacement condition is detailed as follows and it would be re-numbered as condition 16: 16. Notwithstanding the terms of condition 1 above, any further planning applications for approval of matters specified in condition (with the exception of the masterplan required under the terms of condition 2 above) shall require a statement to address the requirements of the programme of Archaeological works detailed with the Archaeological Evaluation Written Scheme of Investigation dated 28th November 2018 by AOC Archaeology Group to be submitted for written approval by the Planning Authority. Reason: In the interests of the preservation of cultural heritage. 2.18 Finally an additional condition is proposed which will require a Transport Statement to be submitted as part of any subsequent MSC applications (excluding the ‘Masterplan’ MSC) for the approved development. The inclusion of this condition will give the applicant clarity of the additional information required in light of the adoption of NPF 4 and address NLC Infrastructure & Transportation requirements. The proposed wording for the additional condition is detailed as follows and it would be numbered as condition 17: 17. Notwithstanding the terms of condition 1 above, any further planning applications for approval of matters specified in condition (with the exception of the masterplan required under the terms of condition 2 above) shall require a detailed Transport Assessment to be submitted to the Planning Authority. This Transport Assessment shall be carried out by a suitably qualified party and include proposals which prioritise walking, wheeling, cycling and public transport and demonstrate connectivity to the wider transport network. Reason: In the interests of traffic and pedestrian safety. 3. Applicant’s Supporting Information 3.1 The application was accompanied by plans showing the location of the site, indicative drawing 7362 – 201 Revision D and planning statement. 3.2 The applicant considers the proposed amendments to condition 1 would make the site more attractive to the market and allow the submission of separate MSC applications for the approved uses within the application site. The requirement for the first MSC application to be for a masterplan for the site is supported by the applicant. This will ensure that a cohesive masterplan for the entire development site is agreed and approved by the Planning Authority and all subsequent MSC application will require to conform to this. The proposed amendment to approved condition 2 Page 33 of 50
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(proposed condition 3) will also make clear that indicative drawing 7362 – 201 Revision D is not appropriate. 3.3 The applicant considers the proposed amendments to the approved conditions of permission 21/01434/S42 detailed in section 2 above to be acceptable and reasonable. 4. Site History 4.1 Planning permission in principle (18/00266/PPP) was previously approved subject to conditions on 25th October 2018 at this location for a Mixed Use Development Comprising Class 3 (Food & Drink), Class 7 (Hotel), Class 11 (Assembly/Leisure), Class 1 (Ancillary Retail) and Sui Generis (Roadside Fuel/Electric Charging, Hot Food Takeaway, Public Bar) with Associated Infrastructure (Drainage, Ground Treatment Landscaping). 4.2 An application (21/01434/S42) under the terms of Section 42 of the Town and Country Planning (Scotland) Act 1997 (as amended) was submitted in September 2021 and approved at Planning Committee in January 2021. This permission approved the amendment of conditions 15 and 16 planning permission in principle ref 18/00266/PPP. 4.3 An application for detailed planning permission (22/00378/FUL) was submitted in March 2022 for part of the site approved under permissions 18/00266/PPP and 21/01434/S42. Application 22/00378/FUL covers approximately 1.26 Hectares and is located in the north east area of the wider development site. This application proposed the erection of Restaurant (Class 3) with drive through, petrol filling station (sui generis), with ancillary shop (Class 1), electric vehicle charging points, car wash, HGV wash, internal roads, landscaping and drainage (with SUDs). Planning permission was approved subject to conditions at Planning Committee on 25th May 2024. 5. Development Plan 5.1 Although the application has been made under Section 42 of the Town and Country Planning (Scotland) Act 1997 and primarily seeks to change the wording of conditions, its approval would also have the effect of renewing the planning permission in principle. Therefore, it is necessary to consider whether there have been any changes in planning policy since the previous permissions 18/00266/PPP and 21/01434/S42 were granted that would have a bearing on the principle of renewing the consent. 5.2 The statutory development plan consists of National Planning Framework 4 (NPF 4) and the North Lanarkshire Local Development Plan, Adopted 6th July 2022 (NLLDP). 5.3 The National Planning Framework 4 (NPF 4) is the long-term plan for Scotland that sets out where development and infrastructure is needed. NPF 4 sets out policies in relation to creating a sustainable place, a liveable place, and a productive place. NPF 4 policies Biodiversity (3), Green Belts (8), Sustainable Travel (13), Local Living and 20 Minute Neighbourhoods (15), Business and Industry (26) and City, Town, Local and Commercial Centres (27) are appropriate to consider in this case. 5.4 NPF 4 policy 3 Biodiversity sets out criteria by which development should be assessed. Development proposals should contribute to the enhancement of biodiversity, and development proposals for major development will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity. 5.5 NPF 4 policy 8 Green Belt seeks to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably and to ensure the following outcomes: • Development is directed to the right locations, urban density is increased and unsustainable growth is prevented. • The character, landscape, natural setting and identity of settlements is protected and enhanced. • Nature networks are supported and land is managed to help tackle climate change. Page 34 of 50
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5.6 NPF 4 policy 13 Sustainable Transport sets out to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. 5.7 NPF 4 policy 15 Local Living and 20 Minute Neighbourhoods seeks 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. 5.8 NPF 4 policy 26 Business and Industry seeks to encourage, promote and facilitate business and industry uses and to enable alternative ways of working such as home working, live-work units and micro-businesses. 5.9 NPF 4 policy 27 City, Town, Local and Commercial Centres seeks to encourage, promote and facilitate development in our city and town centres. NPF 4 policy 27 advises that this will be achieved by applying the Town Centre First approach to help centres adapt positively to long-term economic, environmental and societal changes, and by encouraging town centre living. 5.10 In terms of the NLLDP, policy PP 4 and AD 4 Green Belt, this policy sets out that the council seeks to support development for agriculture, forestry, recreation, or developments that need a non-urban location, including, where appropriate, Visitor Economy related development. The purpose of the Green Belt is to protect the setting of communities, support regeneration by directing growth to urban areas, protect natural assets and provide a high quality environment. 5.11 NLLDP policy PROM LOC2 Business Development Sites, this policy seeks to strike an appropriate balance between the benefits from sustainable economic growth and any impacts arising that could compromise the character of an area that may require suitable mitigation. The council support and direct business development to identified Strategic and Local Business Centres and sites within the Industrial & Business Land Supply. The application site is designated as a site for Specialised Business (NLC00532). 6. Consultations 6.1 The following consultation responses have been received in respect of the application. 6.2 Transport Scotland has no objections. 6.3 The Coal Mining Remediation Authority has no objections to the proposed variation of conditions. 6.4 NLC Protective Services has no comments to make on the proposed variation of conditions. 6.5 NLC Infrastructure & Transportation has no objection in principle to the variation of conditions 1 and 2 and provided comments on indicative drawing 7362 – 201 Revision D submitted by the applicant. They advised that the site layout shown in indicative drawing 7362 – 201 Revision D is not acceptable in its current form. NLC Infrastructure & Transportation also requested that an updated Transport Assessment be submitted for approval as part of any MSC application in support of each individual phase of development. An appropriate condition is attached to control this matter. 6.6 NLC Archaeology Consultant has advised that conditions relating to the submission of a programme of Archaeological works be attached to any permission. An appropriate condition is attached to control this matter. 7. Representations 7.1 Following standard neighbour notification and press advertisement, no representations have been received. Page 35 of 50
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8. Planning Assessment 8.1 This planning application was submitted under the terms of Section 42 of the Town and Country Planning (Scotland) Act 1997, which allows for the determination of applications to develop land without compliance with conditions previously attached to existing planning consents. 8.2 Section 42 of the Act sets out that on receiving such an application, the planning authority need only consider the question of the conditions subject to which planning permission was granted. If it is decided that planning permission should be granted subject to conditions differing from those to which the previous permission was subject when granted, or that it should be granted unconditionally, planning permission should be granted. Conversely, should it be decided that planning permission be granted with the same conditions to which the previous permission was granted, then planning permission should be refused. However, where the effect of granting planning permission would be to renew a planning permission which is approaching the end of its statutory duration, it is also appropriate to take into account any changes to policy or material considerations which have arisen since the original permission was granted. National Planning Framework 4 8.3 The introduction of NPF 4 in February 2023 requires that these policies be taken into account in assessing all developments. The most appropriate of these are discussed below. 8.4 It is noted that neither permission 18/00266/PPP and 21/01434/S42 approved an indicative layout for the proposed mixed use development and both permissions include a condition (condition 2) which explicitly states that the indicative plan included as part of the applicant’s submission does not have permission. It is further noted that the proposed amendment within this application to approved condition 2 (which would be re-numbered condition 3) would continue this requirement in excluding the indicative plan 7362 – 201 Revision D submitted as part of application 24/00872/S42 from any permission. 8.5 NPF 4 policy 3 Biodiversity sets out criteria by which development should be assessed. Development proposals should contribute to the enhancement of biodiversity, and proposals for local development will include appropriate measures to conserve, restore and enhance biodiversity. As detailed above, the proposed indicative plan submitted with this application is not considered appropriate. Notwithstanding, it is considered that the proposed development has the potential to positively contribute to the enhancement of biodiversity and that this could be controlled by condition. The proposed variation of conditions to which permission 21/01434/S42 is subject to, raises an opportunity for the conditions relating to landscaping, ecology and protected species to be amended to ensure the proposed development addresses the requirements of NPF 4 policy 3. These would be addressed by proposed conditions 9 and 12. 8.6 It is considered that the inclusion of a requirement for biodiversity enhancements as part the scheme of landscaping for the development as set out in proposed condition 9 above would also enable the proposed development to be consistent with NPF 4 policy 3. It is further considered that the inclusion of requirement for a landscape buffer to the adjacent Green Belt within this proposed condition will also enhance biodiversity and protect the amenity of the neighbouring Green Belt. 8.7 The inclusion of proposed condition 2 above (as a consequence of the proposed changes to condition 1) and its requirement for any masterplan to include a landscape buffer to the Green Belt and to set out how biodiversity will be enhanced within the site will further ensure that biodiversity will play a key part of any approved masterplan for the approved development. 8.8 It is noted that approved condition 13 of permission 21/01434/S42 relates to implementation of mitigation measures detailed within the Ecological Impact Assessment (dated 2017) submitted as part of permission 18/00266/PPP. Condition 14 permission 21/01434/S42 requires the undertaking of further ecological surveys to determine the presence of any statutorily protected species. It is considered that given the passage of time since the approval of permission 18/00266/PPP and that further ecological surveys would be required as part of any MSC submission, both approved conditions 13 and 14 should be removed in their entirety and a separate condition which requires an updated Ecology report (including any necessary protected species surveys) to be submitted for approval should be attached to the permission. This new condition (re-numbered condition 12 Page 36 of 50
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above) would enable the proposed development to be consistent with NPF 4 policy 3 in that up-to- date ecological information would be provided as part of any MSC submission. This new condition would also require any recommendations detailed within this updated Ecology report to be implemented in full. 8.9 NPF4 policy 8 Green Belts sets out criteria for acceptable uses within the Green Belt including development associated with agriculture and outdoor recreation but does not include developments of the nature of that proposed. The mixed use development as proposed does not accord with this policy and this matter will be considered further below. 8.10 NPF 4 policy 13 Sustainable Transport sets out to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. It is noted that the application site is located adjacent to the A73 with close access to the A8 and M8 which provides access to the site to the wider route network. In terms of more sustainable modes of transport the application site is approximately 0.9 miles from the nearest bus stop on Woodneuk Street. As detailed above NLC Infrastructure & Transportation have advised that an updated Transport Assessment should be submitted for approval as part of any MSC application in support of each individual phase of development. It is considered that the inclusion of a condition (proposed condition 17 above) which requires the submission of a Transport Assessment would ensure consistency with NPF 4 policy 13 as it will require the applicant to consider sustainable transport provision within the development, demonstrate connectivity to the wider transport network. and consider how the proposed development can contribute to sustainable transport such as walking, wheeling, cycling and public transport. It is also considered that the requirement for any masterplan of the site (proposed condition 2) to detail how each phase of the masterplan will be accessed from the adopted road network, including connectivity to the wider transport network will further aid compliance with NPF 4. 8.11 NPF 4 policy 15 Local Living and 20 Minute Neighbourhoods 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. When considering a proposal, consideration will be given to the existing settlement pattern, and the level and quality of interconnectivity of the proposed development within the surrounding area, including local access to sustainable modes of transport (local public transport and safe, high-quality walking, and cycling networks), shopping, education and health, social services and affordable and accessible housing options. Being close to an urban area, the application site has nearby road and footpath links. Given the application site’s proximity to existing residential neighbours to the north along Lancaster Avenue, the proposed development could provide goods and services to local people within a short walking or cycling distance. The application site, as it stands does have limited access to public transport links with the nearest bus stop being approximately 0.9 miles. It is considered that the proposed development has the potential to be compliant with NPF 4 policy 15 and the inclusion of proposed conditions 2 and 17 detailed above are necessary to ensure the proposed development is made more accessible by modes of transport other than private car. 8.12 NPF 4 policy 26 Business and Industry sets out that development proposals for business and industry uses on sites allocated for those uses in the LDP will be supported. Development proposals for business and industry will take into account any impact on surrounding residential amenity, sensitive uses and the natural and historic environment. The application site is designated within the North Lanarkshire Local Development Plan 2022 (NLLDP) as both Green Belt and as a Specialised Business site. This designation as a Specialised Business site is essentially a continuation of the North Lanarkshire Local Plan 2012 designation of the site as a High Amenity Location under policy EDI1 B3 which seeks to promote the site for a specialist industrial development. Whilst the application site is designated for business within the NLLDP, given the nature of the proposed mixed use development, it is considered that it does not comply with the wider criteria of policy 26. This matter will be considered further below. 8.13 NPF 4 policy 27 City, Town, Local and Commercial Centres seeks to encourage, promote and facilitate development in our city and town centres by applying the Town Centre First approach. Policy 27 requires development proposals will be consistent with the town centre first approach. Proposals for uses which will generate significant footfall, including commercial, leisure, offices, Page 37 of 50
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community, sport and cultural facilities, public buildings such as libraries, education and healthcare facilities, and public spaces will be supported in city, town and local centres. The proposed development is located within the Green Belt, out with the network of centres designated within the LDP and as such is considered to be contrary of policy 27 of NPF 4. This matter will be considered further below. North Lanarkshire Local Development Plan 8.14 The application site is designated as Green Belt under policies PP 4 and AD 4 and PROM LOC 2 of the North Lanarkshire Local Development Plan (NLLDP) 2022. In terms of development plan policy PP 4 and AD 4 Green Belt, these policies set out that the council will protect the setting of communities, support regeneration by directing growth to urban areas, protect natural assets and provide a high-quality environment. The council will support developments for agriculture, forestry, recreation, or developments that need a non-urban location, including, where appropriate, Visitor Economy related development. The council will encourage development appropriate for a Green Belt location by resisting development that is not for agriculture, forestry, recreation, tourism, or needs a Green Belt location, whilst allocating appropriate land for urban expansion. 8.15 With regard to policy AD 4, 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 terms of the proposed uses within this development, any development would need to be assessed in terms of its impact on Strategic Town, Other Town and Local Centres and through an assessment of appropriateness. 8.16 The proposed mixed use development is not related to any of the acceptable uses as set out in policy PP 4. The application site has not been allocated within the NLLDP as an area for urban expansion. The proposed development would therefore be considered to be contrary to policy PP 4. This matter will be considered further within Material Considerations below. 8.17 Within the NLLDP this site does has a dual designation as a site for Specialised Business under policy PROM LOC 2. PROM LOC 2 Business Development sites sets out that the council will support and direct business development to the Strategic and Local Business Centres identified in the Plan. As detailed above this designation as a Specialised Business site is essentially a continuation of the North Lanarkshire Local Plan 2012 designation of the site as a High Amenity Location under policy EDI1 B3. It is considered that given the nature of the development proposed, it does not comply with the site’s designation as a Specialised Business Site. It is therefore concluded that the proposed development is contrary to policy PROM LOC 2. This matter will be considered further within Material Considerations below. 8.18 As detailed above, although the proposed development has the potential to comply with NPF 4 policies Biodiversity (3), Sustainable Travel (13) and Local Living and 20 Minute Neighbourhoods (15), it fails to comply with NPF 4 policies Green Belts (8), Business and Industry (26) and City, Town, Local and Commercial Centres (27). The proposed development also fails to comply with policies PP 4 and AD 4 (Green Belt) and PROM LOC 2 (Business Development Sites) of the NLLDP. Material Considerations 8.19 The principle of developing a Mixed Use Development Comprising Class 3 (Food & Drink), Class 7 (Hotel), Class 11 (Assembly/Leisure), Class 1 (Ancillary Retail) and Sui Generis (Roadside Fuel/Electric Charging, Hot Food Takeaway, Public Bar) with Associated Infrastructure (Drainage, Ground Treatment, Landscaping) was previously approved (permission 18/00266/PPP) subject to conditions on 25th October 2018. In the approval of this permission and the subsequent approval of permission 21/01434/S42, it was considered that the proposed development was an acceptable departure from the adopted Local Plan (North Lanarkshire Local Plan 2012) and in the case of permission 21/01434/S42 the development was also considered an acceptable departure from the then emerging local development plan and approved at Planning Committee. 8.20 The report presented to Planning Committee on 27th January 2022 for permission 21/01434/S42 set out the following (paragraph 8.8): Page 38 of 50
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The proposed development being contrary to the policies of the emerging LDP therefore weighs against the proposal. However, the LDP policies to which the proposal is contrary are substantially similar to the corresponding policies of the adopted local plan, which were fully considered in 2018 when it was decided to allow the proposal as a departure from the local plan. The material considerations which were felt to justify the 2018 departure (i.e. the improbability of attracting a major single-user inward investment development to the site and the view that a roadside services development of the nature proposed was an acceptable form of development for the site notwithstanding its Green Belt designation) have not changed. It is therefore considered that although the proposal is contrary to the land use policies of the emerging LDP, the principle of this has already been established by the previous grant of planning permission. 8.21 It is therefore considered that whilst the proposed development would be contrary to Green Belt and Business policies within NPF 4 and the NLLDP, it has been determined that the principle of this form of mixed use development is acceptable in this location and approved at Committee previously. Therefore this is an acceptable departure from the development plan, in this instance. 8.22 The variation of conditions of permission 21/01434/S42 now proposed will enable the applicant to submit multiple MSC applications in relation to the different phases of the approved development with the first MSC being accompanied by an overall masterplan for the entire development. Once approved all subsequent MSC application(s) shall require to conform to the approved masterplan. This will ensure that every aspect of the approved development incorporates the relevant requirements of NPF 4 such as biodiversity, sustainable travel, connectivity to surrounding footway and road network. This will help ensure a cohesive place for local residents and the wider Chapelhall area is created. 9. Conclusions 9.1 In conclusion, for the above reasons the application is considered acceptable and the proposed variation to the conditions of permission 21/01434/S42 will ensure a masterplan is approved for the development of the entire site as well as ensure that any subsequent detailed MSC applications will address the requirements for sustainable travel, biodiversity and landscaping, enabling the approved development to comply with the relevant requirements of NPF 4. It is considered that the principle of a mixed use development such as that previously approved remains acceptable in this location and continues to be an acceptable departure from development plan policy. Therefore, it is recommended that this Section 42 application for planning permission in principle is granted, subject to conditions Page 39 of 50
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North Lanarkshire Council Report PLANNING COMMITTEE Does this report require to be approved? ☐ Yes ☒ No Ref Index 1 Date 30/01/25 NOTICE OF PLANNING AND ENFORCEMENT APPEALS LODGED From Pamela Humphries, Chief Officer (Place) E-mail humphries@northlan.gov.uk Telephone 01236 632487 1. Background Background Application No. Applicant Date of Council Form of Note & Proposal & Site Decision Appeal 24/00144/FUL Holiday Lodge Development Comprising 65 Holiday Units, Managers House and Agricultural Shed 24/00381/AMD Modification of Existing Section 75 Planning Mr John Hannigan Coathill Farm Stirling Road Luggiebank Cumbernauld G67 4AE Keepmoat Homes Land East of Wellington 12.09.2024 N/A Written Submission Written Submission Executive Summary 1. Purpose of Report 1.1 This report is to advise the Committee of the undernoted planning appeals recently lodged with the Scottish Ministers. Recommendations It is recommended that the Committee notes the position. The Plan for North Lanarkshire Priority Choose an item. Ambition statement Choose an item. Item 3 Page 41 of 50
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Obligation Relating to Permission 21/00464/FUL (Reduction of Education Contribution and the Removal of Play and Community Facilities Contributions for Residential Development) Street Craigneuk Wishaw 2. Report N/A 3. Measures of success N/A 4. Supporting documentation N/A Pamela Humphries Chief Officer (Place) Page 42 of 50
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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 43 of 50
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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 44 of 50
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North Lanarkshire Council Report Planning Committee Does this report require to be approved? ☒ Yes ☐ No Ref GMcC Date 30/01/25 Invest NL - Programme of Work Update From Pamela Humphries, Chief Officer (Place) E-mail mccrackengwen@northlan.gov.uk Telephone Gwen McCracken, Planning Manager (Invest NL) Tel: 07901 931965 Executive Summary The Council’s Programme of Work to 2028 was approved at Policy & Strategy Committee on 16 March 2023. The updated Programme of Work streamlined the number of programmes within The Plan in order to enhance the scale, impact and coherence of all work areas. This Programme of Work comprises seven priorities for delivery. It includes ‘Invest in North Lanarkshire’ which aims to accelerate outcome delivery and investment via a more streamlined advisory service and aligned operating model and infrastructure plan. To support and accelerate investment in NL and the council’s own investment programme, a new pre-application advisory service is being established to provide bespoke advice to potential developers for major applications, council projects and local significant applications. This report seeks to provide an update on progress of delivery of this service and seek approval for the proposed charging structure for customers of the service. Recommendations It is recommended that the Committee consider the content of this report and endorse the actions being taken to deliver the Invest in NL Service, including the proposed fee structure. Invest NL – Programme of Work Update Priority Improve economic opportunities and outcomes Ambition statement All ambition statements Programme of Work Transforming Places Item 4 Page 45 of 50
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1. Background 1.1 Following approval of a project brief, a pilot service, Invest NL Advisory Service, was established in September 2023 to explore the potential for further supporting development and investment in North Lanarkshire. The pilot service brought together a core team from key services across the council with a diverse range of skills and experience to create a collaborative and responsive environment that would help support investment in North Lanarkshire. 1.2 The team comprised a representative from each of the following services: • Planning • Infrastructure and Transportation • Environmental Health • Building Standards • Enterprise • Assets and Procurement (Estates) • New Supply Housing In addition, support was provided from Legal, Planning (Projects) and Support Services. 1.3 The project team reached out to a variety of agents, developers and businesses and invited them to participate in the pilot. The response was positive with a total of seven projects coming into the scope of the pilot. A further three businesses were interested in participating, but due to limited timescales there was insufficient capacity to take these projects through the pilot. The projects within the scope of the pilot were varied and included a council project. 1.4 Agents, developers and businesses involved in the pilot advised that they had welcomed the opportunity to take part as the Council’s current assessment and approval processes were perceived as inefficient and many were frustrated at the difficulties in dealing with Council Services separately for each approval process and the overall timescale for achieving all necessary consents. The results of the pilot have validated the implementation of a new bespoke pre-application service in order to discuss project proposals at an early stage across all relevant Council Services. 2. Report Delivery of Invest NL Pre-application Service 2.1 A Planning Manager for Invest NL has now been appointed to deliver this service and lead a multi-disciplinary team. A team of planners will work with key partners, established through the pilot, who are based within the Council’s other services (Infrastructure and Transportation, Environmental Health, Building Standards etc), to provide an enhanced and co-ordinated advisory service to developers and prospective investors to help improve / streamline the statutory consent process and maximise potential economic benefits. Process 2.2 Process maps, web page advice and forms and guidance have been prepared in order to launch the new pre-application advice service. To help identify any potential issues Page 46 of 50
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at relevant stages, four gateway checks have been developed. At each of these, advice can be provided as to what could be carried out to improve the quality of the submission and it can be made clear where the proposal is unacceptable due to conflicts with policy or guidance. These gateway checks are: Gateway 1 – Project Feasibility This will provide feedback on a project before time and costs are incurred in purchasing the site or developing a proposal. Gateway 2- Project Development This will provide feedback on a project concept and allow advice to be provided where modifications or amendments should be considered before formally lodging any application. Gateway 3 – Project Finalisation This will provide feedback on whether the proposal and submission package is acceptable in principle. This gateway check is considered to be most appropriate for those sites that may already have planning permission in principle or if consent was being sought to amend an existing consent such as through a Section 42 application. Gateway 4 – Project Implementation This will allow feedback to be provided on discharging planning conditions, amendments to design or how to address any issues that arise. 2.3 On receipt of the pre-application request for the proposal and the associated drawings and reports/documents the Invest NL Service will consult the key partners within the Council and arrange a meeting with these Services and the applicant/agent to provide feedback from this consultation and discuss the proposal. Following this meeting the applicant/agent will receive a written report of the findings and the Invest NL recommendations. 2.4 The feedback issued will reflect the information submitted to the Council for assessment and the planning policies and site constraints prevailing at the time. It will not guarantee consent. All customers will be advised that advice provided does not prejudice the Council’s determination of any formal application made for consent. Charging 2.5 North Lanarkshire Council has always welcomed early engagement with applicants and developers prior to the submission of an application and currently provides a pre- application service for householder, local and major types of development. This advice collates the relevant policies applicable to the proposal and what planning advice should be met before lodging any application. However, this process does not carry out consultation with key Council Services or offer a meeting with these services in order to discuss the appropriateness of the scheme proposed. 2.6 The Council’s fee structure for the pre-application advice offered recognises that applications range in type, scale and complexity and the fees for the pre-application advice are currently, • Householder development: £68.25 plus 20% VAT (£81.90) • Local development: £525 plus 20% VAT (£630) • Single house development: £210 plus 20% VAT (£252) • Commercial developments and change of use (Floor Space Under 500m²): £210 plus 20% VAT (£252) Page 47 of 50
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• Commercial developments and change of use (Floor Space Over 500m²): £525 plus 20% VAT (£630) • Major development: £1050 plus 20% VAT (£1260) 2.7 To reflect the type of application that will use the Invest NL Service, its scale, nature and likely complexity, the bespoke service that will take place through consultation with key Council Services and meeting time it is considered that a separate fee should be charged for this service. To reflect the time and resources that will be required to deliver such a service for these types of application it is considered that the following fees should be charged. However, please note no fee would be charged for the Council’s own projects: • Major development: £3000 plus 20% VAT (£3600) • Local significant development: £2000 plus 20% VAT (£2400) • Council projects: No fee 2.8 Other Local Authorities charge a higher fee for this type of service such as Highland Council (minimum fee of £4500 for major planning application advice). However, it is considered that to encourage uptake of this service that a slightly lower fee should be sought initially and that this fee and the uptake of this service should be reviewed in 12 months time. 3. Measures of success 3.1 Measures of success will be evidenced through progress being made to deliver the Programme of Work and ensure the council’s portfolio of programmes, projects, plans and activities impact positively on the North Lanarkshire context, evidenced through 28 Health Check Indicators. 3.2 Measures of success also include evidence that progress is having a positive impact on inclusive growth and prosperity for people and communities of North Lanarkshire, and that the shared ambition is being realised where North Lanarkshire is the place to Live, Learn, Work, Invest and Visit. 4. Supporting documentation The Plan for North Lanarkshire - Programme of Work to 2028 – Policy and Strategy Committee Report held 16.03.2023 Pamela Humphries Chief Officer (Place) Page 48 of 50
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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 49 of 50
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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 50 of 50