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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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Page 1

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.  
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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 
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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
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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     
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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. 
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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)   
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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.
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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. 
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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. 
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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
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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 
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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.
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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. 
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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. 
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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. 
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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. 
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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. 
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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. 
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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. 
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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. 
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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. 
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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)   
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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. 
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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:-
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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
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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 
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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: 
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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. 
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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:
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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
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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
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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. 
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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. 
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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
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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,
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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):
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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
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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
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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) 
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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?
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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 ☒ 
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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
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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
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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)
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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) 
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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?
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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 ☐ 
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