Agenda Document Pack - Planning Committee - 12/06/2025
North Lanarkshire Council · 12 June 2025
Back to Planning Committee — 12 June 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
Clerk Name: Clare Louise McDonald Clerk Telephone: 07350 435308 Clerk Email: committee@northlan.gov.uk 3 June 2025 Members of the Planning Committee Chief Executive’s Office Rachel Blair 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, 12 June 2025 at 10:00 AM which you are requested to attend. The agenda of business is attached. Rachel Blair Chief Officer (Legal & Democratic) Members : N Shevlin, G Currie, 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, J McLaren, C McManus, M McPake, A McVey, L Mitchell, J Reddin, D Robb, A Smith, G Woods. Page 1 of 78
Page 2
Page 2 of 78
Page 3
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 - 70 3 Notice of Planning and Enforcement Appeals Lodged Submit report by the Chief Officer (Place) providing notification of the Planning and Enforcement Appeals Lodged. 71 - 74 4 Notice of Planning and Enforcement Appeals Decisions Submit report by the Chief Officer (Place) advising of the recent decisions in respect of the planning appeals. 75 - 78 Page 3 of 78
Page 4
Page 4 of 78
Page 5
North Lanarkshire Council Planning Applications for consideration of Planning Committee Committee Date: 12th June 2025 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved Item 2 Page 5 of 78
Page 6
APPLICATIONS FOR PLANNING COMMITTEE 12th June 2025 Page No Application No Applicant Development/Site Recommendation 8-20 22/00637/FUL Miss Jackie Quinn Construction of 4 timber Lodges and Retrospective Approval for Existing Timber Lodge, Use of 3 of the New Build Lodges as Holiday Lets and One as Owners Accommodation and Change of Use of Existing Lodge to Holiday Let Land At Avonhead Road Upperton Airdrie Grant 21-39 23/00849/PPP Persimmon Homes Plc, Avant Homes Ltd, The Lamont Family Residential Development, with Associated Roads, Drainage and Open Space Heathfield Farm Drumcavel Road Muirhead G69 9EU Grant (P) 40-57 24/00876/MSC Callanish Homes (Glenboig) Ltd Matters Specified in Conditions (Design and Layout) of Permission 14/01594/PPP Residential Development (25 Flats in 3 & 4 Storey Block) with Parking and Amenity Spacepace Land South Of Glenboig Road Marnoch Glenboig Grant 58-69 25/00297/S42 Lumonics Developments LLP Section 42 to Vary Condition 1 (Drawings Approved) and Condition 9 (Road and Transportation Measures) of Planning Permission 22/00413/FUL for Development of 5 Units Suitable for Class 5 and 6 Use with Ancillary Class 4 Use, Earthworks, Landscape Works, Access and Associated Development. Land at Woodside Eurocentral Holytown Grant Page 6 of 78
Page 7
(P) 23/00849/PPP - Should planning permission be approved then no decision notice should be issued until a Section 75 Legal Agreement has been concluded securing the required financial contributions towards off-site road infrastructure improvements and education provision. Page 7 of 78
Page 8
Application No: 22/00637/FUL Proposed Development: Construction of 4 Timber Lodges and Retrospective Aapproval for Existing Timber Lodge, Use of 3 of the New Build Lodges as Holiday Lets and One as Owners Accommodation and Change of Use of Existing Lodge to Holiday Let Site Address: Land At Avonhead Road Upperton Airdrie Date Registered: 9th September 2022 Applicant: Miss Jackie Quinn First Park Gartgill Road Upperton ML6 7TT Agent: George Clark A1 Architectural Design Ltd 5 Cherrybank Walk Airdrie ML6 0HZ Application Level: Local Application Contrary to Development Plan: No Ward: 08 Airdrie North Alan Beveridge, Sophia Coyle, Henry Emerson Dunbar, Richard Alan Sullivan Representations: 14 letters of representation were received from 8 parties including from Councillor Beveridge Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed lodges at this site are considered acceptable in terms of the development plan and meet the criteria set out in the Countryside and Tourism polices of both NPF4 and the North Lanarkshire Local Development Plan 2022. It is considered that the proposal can be accommodated without detriment to the surrounding Countryside. Page 8 of 78
Page 9
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: 22/00637/FUL Name (of applicant): Miss Jackie Quinn Site Address: Land At Avonhead Road Upperton Airdrie Development: Construction of 4 Timber Lodges and Retrospective Approval for Existing Timber Lodge, Use of 3 of the New Build Lodges as Holiday Lets and One as Owners Accommodation and Change of Use of Existing Lodge to Holiday Let Page 9 of 78
Page 10
Proposed Conditions:- 1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: L(2-)009 L(2-)010 Rev A, L(2-)003 Rev D L(2-)004 Rev D, L(2-)005 Rev B, L(2-)007 Rec C, L(2-) 009, (2-)010 Rev A, L(2-)011 L(2-)013 Rev D Reason: To clarify the drawings on which this permission is given. 2. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CL11. 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 Phase 2 report 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- dischargecontaminated-land-planning-conditions. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents. 3. That any remediation works identified by the site investigation required in terms of Condition 2, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 4. That notwithstanding Condition 1 above, before the development hereby permitted starts, full details all of the external materials shall be submitted to and approved in writing by the Planning Authority. Reason: To enable the Planning Authority to consider these aspects in detail. 5. That, before works commences on any of the lodges, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water, have been fully met in respect of providing potable water and any necessary associated site drainage and water infrastructure to serve the development. Written confirmation will also be provided that mains electrical supplies can be provided for each lodge. Reason: To ensure the provision of satisfactory site infrastructure. 6. That BEFORE to any works start on site, the applicant must confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). The preferred method for the disposal of septic tank effluent is the provision of a sub soil soakaway system. The septic tank and soakaway must be designed and constructed in accordance with the requirements set out in The Scottish Building Standards : Technical Handbook : Domestic issued in May 2009. In terms of the Water Environment (Controlled Activities) (Scotland) Regulations (CAR) 2005, the discharge of treated sewage effluent will require registration with SEPA. Further details on this matter can be found at www.sepa.org.uk. Surface water should be excluded from the foul drainage treatment system. In order to reduce the risk of contamination of controlled waters, any soakaway should be located at least 50 metres from any private water supply or other groundwater resource and at least 10 metres from any watercourse or permeable drain. (Note : If poor soil porosity or risk to groundwater resources preclude the use of a soakaway, alternative arrangements will have to be agreed with SEPA. Further advice on the disposal of sewage where no mains drainage is available, is contained within Pollution Prevention Guidance Note 4 which is available on the SEPA website www.sepa.org.uk/guidance or from any SEPA office). Page 10 of 78
Page 11
Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection. 7. That before any works start, and if it is not possible to provide suitable private foul drainage as required by condition 6 above the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by CIRIA in March 2000. Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection. 8. That before the letting lodges herby permitted are occupied, the proposed access as shown on the approved plans will be improved and formed in accordance with the following and will thereafter be used as the sole means of access to the lodges: a) will be widened to 5m over the first 10m. b) the following visibility splay will be formed and everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas in both directions (vegetation cleared and obstructions removed) b) will paved for the first 6m behind the verge, preferably in its entirety c) will have maximum gradient of 5% for the first 5m behind the verge. d) If the accesses slopes towards the road, suitable drainage facilities should be provided as necessary to prevent any surface water being discharged onto the public road. Except as may otherwise be agreed in writing by the planning authority upon completion of the above the existing access from Upperton Road will be removed Reason: In the interest of road safety and to prevent deleterious materials being deposited onto the road. 9. The visibility splays as detailed in condition 8 above shall thereafter be maintained and nothing exceeding 1.05 metres in height above the road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas. Reason: In the interest of road safety. 10. 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: To enable the Planning Authority to consider these aspects in detail. 11. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) biodiversity improvements that are to be undertaken including replacement for any vegetation lost as a result of the works to form the visibility splays (e) detailed landscaping proposals for each of the lodges along with wider structural landscaping measures (e) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site. Reason: to enable the Planning Authority to consider these aspects. 12. That all works included in the scheme of landscaping and planting, approved under the terms of Page 11 of 78
Page 12
condition 11 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species. Reason: To ensure the implementation of the landscaping scheme in the interest of amenity. 13. That before any development starts, an updated Protected Species Surveys shall be submitted to and approved in writing by the Planning Authority. Furthermore, should no development commence within 1 year from the date of any updated surveys required under the terms of this condition, further updates shall thereafter be provided for the written approval of the Planning Authority before any development starts. Following written approval by the Planning Authority, the requirements of those reports in respect to habitat and protected species protection shall be complied with in full, including securing any licences from Scottish Natural Heritage. Reason: In the interest of protecting nature conservation interests. 14. The 4 letting lodges herby permitted (the existing lodge and lodges 1,2 & 3 shown on the approved plans) will only be used as such and will at no times be occupied on a permanent basis by any individuals, households or families and should they no longer be required for short term letting/tourism accommodation they will be removed from the site and the land reinstated. Once the new owners accommodation lodge is constructed (as shown on the approved plans) the residential use of the existing lodge will cease and this will then be used solely as a holiday let (holiday lodge 4) Reason: In order to define the permission. Background Papers: Consultation Responses: NLC Infrastructure and Transportation – 23rd December 2024 NLC Greenspace and Country Parks – 2nd March 2023 NLC Protective Services – 21st September 2022 Coal Authority – 28th September 2022 Contact Information: Mary Ann Watson at planningenquiry@northlan.gov.uk Report Date: 28th May 2025 Page 12 of 78
Page 13
APPLICATION NO. 22/00637/FUL REPORT 1. Site Description 1.1 The site is made up of former marginal farmland on the edge of Upperton and is part of a wider area of land owned by the applicant. The site is mainly rough grassland and an existing log style dwelling with 2 bedrooms is situated centrally within the site. This cabin is occupied by the applicant as their primary residence and has been used as such for close to 10 years so is lawful in planning terms. This existing lodge, as part of the proposal, will be used a holiday lodge with the applicant moving to live in one of the new lodges that will be constructed and this becoming their permanent residence. 1.2 The applicant has confirmed that the land in the past was used for sheep and cattle to graze, the habitat is mainly low value marshy grassland with low ecological value and is no longer used for agriculture. The site includes part of a dismantled rail line and there is a culvert located within the north east corner of the site (on the Avon Burn). 1.3 To the north of the site are the residential properties in Upperton, directly east and south is further marginal land under the applicant’s ownership with further extensive rough grass owned by others to the west. 2. Proposed Development 2.1 The proposal is for four new lodges to be constructed and retrospective planning permission obtained for the existing lodge (now lawful in planning terms). As indicated above the existing lodge is currently used by the owner as their main residence. This existing lodge will form part of the 4 cabins to be utilised as holiday lets (along with 3 of the 4 new lodges to be constructed). The owner and operator will then relocate to a new cabin that is to be constructed to the south west of the site. 2.2 Initially it was proposed that three of the new lodges would be accessed from Upperton Road and that the existing lodge and the new south west lodge will be accessed from Avonhead Road. The 3 new build letting lodges would be 12.2m x 6.2m and 3.9m in incorporating a pitched roof. Each lodge is proposed to have wrap around decking would of 0.5m in height and 42sqm overall. In addition, it is proposed that the lodges would have a tile roof, timber cladding and upvc windows/doors. These lodges would have a lounge, dinning/kitchen area, shower/bathroom, 2 bedrooms (one with en-suite) 2.3 It is proposed that the existing lodge, the applicant’s home, will be used accommodation for letting. This lodge measures 6m x 10m and is 3.9m in height this also has an area of raised decking. There is storage room attached to the lodge which measures 3.4m x 3.6m and sits slightly lower than the existing lodge roof is proposed to be retained. This lodge has 2 bedrooms, bathroom and lounge/kitchen area. The side storage room has the potential to be used as a bedroom. 2.4 The plots for each of the 4 new build lodges would be enclosed with 1.2m high timber fence and four parking spaces would be provided, as well as bins for rubbish, for each of the new structures. The three new build letting lodges will also have BBQ facilities 2.5 The development has been amended as the application has been progressed with the position of the lodges with the application site altering (to address concerns over sporadic development) and the access from Upperton Road being removed entirely so that now all of the lodges will be accessed form a single existing access point on Avonhead Road that will be improved. Internally within the application site, there will be an access road formed that will in part utilise the line of the dismantled railway line to serve the three new lodges that will be grouped together in the north eastern part of the site. This alteration was to address concerns regarding road safety and also to avoid culverting a burn to form a new crossing . As a result, there have been two rounds of neighbour notification. 3. Applicant’s Supporting Information 3.1 The applicant has submitted a business plan to show how they think the business will operate, a Preliminary Ecological Assessment, Traffic Survey Report, Coal Mining Risk Assessment and a supporting statement. A statement was also submitted in response to the objection comments. 3.2 The applicant’s Supporting Statement indicates the following: • Aim of the new lodges is to promote the local area as a viable tourist facility offering low Page 13 of 78
Page 14
impact log cabins holiday let only with accommodation for the current owner and to provide an income. • The owner has tried to rent cottages for people to stay in but been unable to do so and therefore has identified a business with letting log cabins offering income and employment to the area • The cabins can be easily removed without disturbance to the natural environment. • Located in the countryside with local amenities and countryside attractions such as Palacerigg Country Park, Fannyiside Loch and Hillend Loch • Ideal location to serve as a tourist base. • In time the applicant is hoping to provide stables to allow horse related tourism • Upperton is served by local public transport and easy links to local towns and M8 and M80. • Cabins positions to enjoy natural sunlight and views. • Free drainage, natural road materials will makeup road • Engineer appointed at early stage of the works to design low impact drainage system. • Confirmation that SEPA would accept 2 no. BioDisc from Klargester or equal also any rain water could be harvested to minimise discharge to the burn. Further supporting documents: • Application 23/00760/FUL and engineering operations (including importation of material) to facilitate holiday park development including creation of access road and paths, construction of 134 holiday lodges, shared facilities and other associated infrastructure at Airdriehill Quarry is of a different type of development to theirs. • Proposal is not for a holiday park but individual private cabins in their individual landscaped plots of land. • Neighbour to the east has a passed planning application for a small amount of overnight holiday accommodation. • Further east approx. half a mile away a house has been built and believe the owner is getting holiday lodges. They have already built accommodation without having to run the business. • Between Caldercruix and Plans believe there are 3 different holiday homes in separate locations. • Proposed development is small in scale with attractive views to the hills and woodland beyond. • Willing to provide landscaping • Many things to do in the area and very easily accessed. • Site is located to open moorland with beautiful views and walks on former mineral railway lines. • Cabins would be dog friendly as each cabin will have a private fence and landscape. Can also accommodate horses. • Well located to areas such as Stirling, Falkirk Coatbridge. Bonnybridge and Loch Lomond which have many sight seeing activities. 4. Site History 4.1 None 5. Development Plan 5.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 states that a planning application should be assessed against the relevant development plan policies unless material considerations indicate otherwise. 5.2 Nation Planning Framework 4 (NPF4) is now part of the Development Plan and replaces NPF3 and Scottish Planning Policy. Previous Scottish Planning Policy and the Clydeplan Strategic Development Plan are no longer in force and their provisions are no longer to be considered when making planning decisions. 5.3 NPF 4 policies that the proposal requires to be assessed under are: Policy 1 – Tackling the Climate and Nature Crises Policy 2 - Climate mitigation Policy 3 - Biodiversity Policy 14 – Design, Quality and Place Policy 17 – Rural Homes Page 14 of 78
Page 15
Policy 29 – Rural Development Policy 30 - Tourism 5.4 The North Lanarkshire Local Development Plan (NLLDP) identifies the application site as Countryside under Policies PP5 and AD5. Policy PP5 states that North Lanarkshire Council will support the Countryside as defined on the Promote Map, by accommodating limited development such as Visitor Economy related development, extending existing businesses and settlements and agricultural diversification. Policy AD5 states that applications for planning permission for new development will be assessed for their implications related to the amount of proposed. 5.5 NLLDP policies PP2C AD2C- Visitor Economy Areas and Locations will also be relevant. This policy states that North Lanarkshire Council will support the provision of tourism and leisure facilities in the Visitor Economy Locations. The site is not an identified location. 5.6 The NLLDP requires that all proposed development to be assessed against policies EDQ 1 (Site Appraisal) and EDQ 3 (Quality of Development). Policy EDQ1 seeks to maintain and improve the level of the amenity in urban areas by encouraging development that is in keeping with the residential character of the area whilst policy EDQ 3 sets out that development that will only be permitted where high standards of site panning and sustainable designs are achieved. 6 Consultations 6.1 NLC Infrastructure and Transportation have no objection to the proposal subject to the required visibility splay being met. Visibility splays onto Avonhead Road, which is the current access to the existing lodge and will also serve the new lodges is to be 2.4m x 60 and should be a planning condition should permission be granted. Other comments will be added as advisory note. It should be noted that there was to an access point on Upperton Road and a Traffic Survey Report was undertaken by the applicant to support their case for reduced visibility requirements, and was accepted. However, the access is now solely being taken from Avonhead Road. This access would have required a burn to be culverted which is no longer considered appropriate by SEPA and my not have been approved by them. In addition, there were objections to this access and concerns that this would worsen an existing flooding issue at an existing culvert where the burn crosses under the public road. 6.2 NLC Protective Services has no objection to this application and have advised that conditions should be attached to any permission in relation to site investigations and remediation works. 6.3 NLC Greenspace and Country Parks are happy with the findings of the Protected Species Survey. They have requested a plan to show the extent of the shrubbery to be taken back to secure the sight lines and give details of extent of these works to the shrubbery. This would be added as a condition to any approval. Given the passing of time since the survey was undertaken the requirement for a resurvey has been included as is normal practice. The requirement for landscaping and biodiversity improvements have been conditioned 6.4 Coal Authority have no objection to the proposal. 7. Representations 7.1 14 letters of representation were received from 8 parties including representation from Councillor Beveridge during the neighbour notification and re-neighbour notification periods and advertisement of this application. 7.2 In summary, the objections to this application raise concern in the following areas: • Noise • Overlooking and privacy issues • Flooding • Previous issues made to SEPA • Not enough local attractions • Effect on the wildlife • No need more for more tourist accommodation • Lodge that the applicant stays in does not have planning permission • Road Safety • Contrary to Green Belt policy Page 15 of 78
Page 16
8. Planning Assessment 8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decision are made in accordance with the development plan unless material considerations indicate otherwise. The assessment will therefore identify the development plan policies relevant to the proposal, will make an assessment against these policies and come to a conclusion on which decision (grant or refuse) would accord with them. It will then look at other material considerations to establish if there are any other material considerations to establish if there are any that would suggest a decision different from the one reached in relation to the development plan. National Planning Framework 4 (NPF4), and the North Lanarkshire Local Development Plan (LDP) make up the development plan. National Planning Framework 4 8.2 The National Planning Framework 4 (NPF4) is a long-term plan for Scotland that sets out where development and infrastructure is needed. NPF4 sets out policies in relation to creating a sustainable place, a liveable place, and a productive place. NPF4 policy 30 is considered of particular relevance in this case. 8.3 With regards to NPF 4 policies 1 and 2, whilst these apply to all development proposals given the scale and nature of the application proposal these are of limited relevance albeit the development will assist in rural vitalisation in that this will be a new tourism related development. 8.4 NPF4 Biodiversity policy 3 sets out criteria by which development should be assessed. Development proposals will include appropriate measures to conserve, restore and enhance biodiversity, in accordance with the national and local guidance. Any potential adverse impacts, including cumulative impacts, of development proposals on biodiversity, nature networks and the natural environment will be minimised through careful planning and design. This will take into account the need to reverse biodiversity loss, safeguard the ecosystem services that the natural networks and maximising the potential for restoration. A Preliminary Ecological Appraisal was submitted as part of this application. The Council’s Greenspace Development Service have advised that they are satisfied with the findings of the Preliminary Ecological Assessment as part of this application and the landscaping proposed will be conditioned along with biodiversity enhancement measures. On this assessment, it is considered that the proposed development is sufficiently compatible with the Policy 3. 8.5 NPF4 Policy 14 – Design, Quality and Place requires proposal to be designed to improve the quality of an area whether in an urban or rural locations and regardless of scale. Proposals will be supported if the development is consistent with the six qualities of successful places namely Healthy, Pleasant, Connected, Distinctive Sustainable and Adaptable. It is considered that the proposal meets these requirements. 8.6 As noted above, there are 4 new holiday lodges proposed and the planning position in relation to the existing lodge is to be regularised. The proposed new build lodges are to be of a similar scale and design as the existing lodge. The lodges are suitably designed for a countryside location and with suitable landscaping they will integrate with the area. The proposed development is low in density and would have minimal visual impact on the area and the wider Countryside. 8.7 Both NPF 4 Policy 17 Rural Homes and Policy 29 Rural Development are relevant. The business, holiday lodges for letting, is considered to be an acceptable use within the Countryside. There is already an existing residential lodge which is now lawful in planning terms. To change this for use as a holiday lodge and for the applicant to move into a new lodge as a permanent residence is considered to be acceptable. It is considered reasonable that the applicant lives on site to oversee the management of this tourism business. The scale of the proposed development is of particular relevance and this development is considered to be suitably scaled, sited and designed to be in keeping with the character of the area and has the potential to support local employment both directly and indirectly. 8.8 NPF 4 policy 30 Tourism sets out that development proposals for new or extended tourist facilities or accommodation in locations identified in the LDP, will be supported. Proposals are to take into account its contribution to the local economy, compatibility with the surrounding area in terms of scale and impacts on local communities, impacts of increased visitor numbers, opportunities for sustainable travel. The application site has not been identified within the LDP as a location for new tourism accommodation. It is accepted that there may be some economic benefit to the local area due to the increase in visitor numbers as a result of this development. The proposal is 4 new lodges to be constructed with 3 of these and the existing lodge to be used as tourist accommodation. It is considered that due to the limited number of new structures proposed i.e. 4, the number of cars being used will Page 16 of 78
Page 17
not increase to a degree that would have a detrimental impact on the road network. Tourists staying at the lodges will bring economic value to the area. The scale and nature of the development is considered to be such that its impacts on the immediate surroundings and further afield are limited. On this basis it is considered to comply with this policy. North Lanarkshire Local Development Plan 8.9 The application site is designated as Countryside under policies PP5 and AD 5 of the North Lanarkshire Local Development Plan. Policy PP 5 itself will support the Countryside, as defined on the Promote Map, by accommodating limited development such as visitor economy related development, extending existing businesses and settlement, agricultural diversification. North Lanarkshire Council will restrict pressure for sporadic and isolated development in the Countryside, protect and enhance local landscapes and encourages the creation of jobs and services to serve Countryside communities. 8.10 It is considered that the proposed development is acceptable in this Countryside location and would have a positive impact benefit to the local community whilst having limited impact on the local residential amenity, the environment and wider Countryside area. The application as proposed is considered acceptable in terms of the siting, scale and design of the cabins and there is opportunity for walking and cycling within the countryside around the site. 8.11 Polices PP2C and AD2C Visitor Economy and Locations set out that the council will support the provision of tourism and leisure facilities in the Visitor Economy Locations. The proposed development is out with a designated Visitor Economy Area and is not a designated Visitor Economy Location. It is noted that policy PP2C sets out that the introduction of a limited range of ancillary activities can be appropriate to maintain and support the operation of the Visitor Economy Locations. Policy PP2C also advises that it is necessary to strike an appropriate balance between the benefits from sustainable economic growth and any impacts arising which could comprise the character of an area or location. 8.12 It is considered that whilst the application site is not a designated Visitor or Economy Area or Location this development would represent a small scale and limited ancillary development enabling visitors to enjoy the development site itself and have access to neighbouring towns such as Cumbernauld and Coatbridge for example. It is considered that the limited nature and scale of the proposed development would strike the balance between bringing economic benefit to the local economy whilst having a limited impact on the local environment and area. 8.13 The proposal requires to be assessed against policies EDQ 1 (Site Appraisal) and EDQ 3 (Quality of Development). 8.14 Policy EDQ 1 (Site Appraisal) requires any development to be appraised in terms of the site and its surroundings to ensure it will integrate successfully into the local area and avoid harm to neighbouring amenity. This appraisal addresses matters such as design, massing, topography and transportation aspects. The applicant has provided information in relation to their assessment of the application site including a Preliminary Ecological Assessment and Traffic Survey. It is acknowledged that whilst this survey was done a few years ago the report surveyed a much larger area and it is not considered likely that there would to be any significant change given the initial findings and the marginal nature of the land. It will be conditioned that should permission be given an updated Preliminary Ecological Assessment be submitted before any works start. 8.15 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. In relation to policy EDQ 3 it is considered that the small scale nature, density, design and overall layout of the proposed lodges are acceptable and will integrate successfully into the site and wider area. It is considered the materials to be used for the proposed lodges, which are to be the same as the existing lodge, are acceptable. Due the design and layout of the lodges and distance from neighbouring properties the lodges are not considered to affect the amenity of the residential dwellings to the north of the site in terms of privacy or overshadowing. Landscaping measures for each lodge, wider structural landscaping and biodiversity enhancement measures are all covered by planning condition Page 17 of 78
Page 18
8.16 With regards to Transportation aspects of policy EDQ 3 NLC Infrastructure and Transportation has no objection to the proposal subject to visibility requirements being met and this will be conditioned. It has been confirmed that the visibility splay for Avonhead Road can be met. 8.17 Policy EDQ 3 also includes the requirement for the assessment of and (where necessary) the mitigation of noise or pollution impacts cause either by the development or within the development site. Information in relation of ground contamination was subject as part of the Coal Mining risk Assessment. NLC Protective Services have advised that conditions relating to site investigations and possible remediation works should be attached to any permission. The Coal Authority have no objections to the proposal. 8.18 Taking into account the above the assessment above it is considered that the proposed development would be consistent with policies EDQ 1 and EDQ 3. 8.19 The existing lodge which is currently being used by the applicant has been in situ since 2015 and is lawful in planning terms. The applicant has decided to that it would make more practical sense move into one the new lodges and use their current home for letting along with the other 3 new lodges proposed. This is to keep the lodges located together and the applicant nearby if needed. 8.20 A summary of the objections and our response thereon are detailed below: Comment: Noise: from the generator for the existing lodge. More noise with more lodges and additional noise from the wind turbines. Response: The generator is no longer is situ. Any issue with noise would be an issue for NLC Protective Services or the anti-social behaviour team. NLC Protective Services were consulted on the application and had no comment to make regarding noise. It is not considered the proposed lodges would cause noise issue enough to warrant a refusal. Comment: Privacy affected by the existing lodge will be made worse by the other lodges. Response: The existing lodge has been in place for 10 years. Adequate distance is provided between the existing and the proposed lodges to prevent any privacy issues occurring. Whilst this will bring change to the area it is considered to be at a level that is acceptable and appropriate Comment: Underground plumbing – smell and if linked to the shared septic tank will their prices go down? Response: It is the applicant’s responsibility to ensure adequate foul drainage facilities are installed for the development. It is not clear whether the comment regarding prices relates to economies of scale for servicing/operating a shared septic tank or impact on property values. Either way this is not a planning matter Comment: It was understood that nothing could be built on this land as it was green belt and an old railway line. Response: The land is zoned as Countryside and not Green Belt. Each application has to be assessed on its own merits when this is done the development is considered acceptable. . Comment: No one in favour of the proposal and not required Response : Noted. Representations comments have been taken into account when determining this application and whether there is a need for the development is not a planning consideration. Comment: Proposal is on a hill Response: Noted but there will be localised levelling to allow the lodges to be built level. Comment: Applicant ignored all planning regulations, built and lived in the property powered by a diesel generator for 8 years. Several complaints to SEPA. Response: Noted. With the passing of time, the existing lodge is now lawful in planning terms. The applicant would be required to get consent from SEPA regarding the use of septic tanks before starting the proposal should planning permission be granted. Comment: Locations of local attractions within the proposed plan would serve no base for all year- Page 18 of 78
Page 19
round tourism e.g., Palacerigg Country Park is closed Response: There are other local tourist attractions within North Lanarkshire and tourism attractions is something that North Lanarkshire Council seek to promote and welcomes tourists. The lodges will also allow relatively easy access to tourist attractions outwith North Lanarkshire (Kelpies, Falkirk Wheel, along with access to Glasgow and Edinburgh) Comment: Proposed access roads for lodges 1, 2, 3 is no more than an agricultural access which is formed over a culvert across the burn. Culvert to the farm gate has not been designed for commercial traffic therefore could get damaged. SEPA issues. Response: This comment relates to the original proposal to use the established farm access on Upperton Road. To meet roads requirements a new access was needed further along on Upperton Road which the applicant would have needed to provide further details of how this crossing/access will be formed and demonstrate that SEPA have given their approval. This is no longer required as the only access will be taken from Avonhead Road. Comment: Lodges 1 and 2 on a hill directly known as a floodplain. Previous flooding from culverts. Proposed access point to this development is directly over the start of the culvert and is not designed to have regular traffic over it. Soakaway would potentially lead to more water/sewage running into Avon Water therefore becomes an environmental issue. Response: as above the access over the burn be installing a new culvert is no longer required. Comment: Road safety. No footpath. Response: NLC Infrastructure and Transportation were consulted on the application who have no objection to the proposal. The applicant submitted Traffic Survey Report and this allowed the visibility splays to be reduced. It is acknowledged that there is no path. Comment: Impact on natural environment. Response: A Protected Species Survey and Ecology Walkover was undertaken and submitted to Greenspace who were happy with the findings. Comment: Litter Response; This is not a material planning consideration. Comment: Previous major flooding issue with the flood grate on the Avon Burn opposite their house which is regularly check by NLC. Response: Surface water will be dealt with in accordance to SUDS Drainage and this has been conditioned. The Waste Management Team have historically maintained the trash screen and as the burn itself is in private land the maintenance falls to the landowner. The applicant advises that regular clearing of the of debris from the grid has ensured no flooding. Comment: Already a few bed/breakfast, self-catering apartments and guest houses some with rooms for let and rarely ever full. Response: The area already having bed/breakfast, self-catering apartments etc is not a reason for refusing planning permission. Comment: Limited bus service Response: This is acknowledged. People staying at the lodges can use public transport however may drive, walk or cycle. Comment: Loss of view and will devalue properties. Response: Loss of a view and devaluation of properties is not a material planning consideration. Comment: Unclear why this application has not been outright rejected Response: it is considered that the proposal is acceptable for the reasons detailed in this report and therefore the recommendation is for approval. Page 19 of 78
Page 20
8.21 The applicant has also provided the following Comments to Objections that were received as part of the notification process: • Flooding has been addressed by the council increasing the size of the drainage pipes after the flood which happened as a result of the grill on the Avon burn not being cleared. This pipeline goes under the main public roads and underground to the rear of the houses and has fully been upgraded. Regular clearance of debris from the grid has ensured no flooding. • No action has been taken against the applicant when the generator broke last year. Irrelevant now as no noise and the lodges would have electricity. • No need for anyone to walk on the main road past the houses. • Sightline is more than adequate • Lodges will be placed away from the dwellings therefore no noise issue. • Wildlife is not under threat and appropriate survey has been carried out. • Spent a lot of money to restore this land and further land beyond the other north side of the village. • Will address people crossing the culvert to go to the farm. The entrance is a gateway and road to land previously accessed by large farm vehicles the pipes are perfectly strong enough. • Sewage system is all approved by SEPA. • Lots of attractions around the area including walking in the local hills. 8.22 It is considered that the concerns raised by the objectors , whilst important, do not represent material considerations that are so significant that would warrant refusal in this case. 8.23 In view of the above, it is considered that the proposal complies with the relevant policies of NPF4 especially policy 30 and complies with policies PP5, AD5, EDQ1 and EDQ 3 of the North Lanarkshire Local Development Plan 9. Conclusions 9.1 The proposed holiday lodges (and managers accommodation) are considered to be an acceptable small scale tourism related development in terms of the Countryside policy and the relevant polices of NPF4 and would not have a detrimental impact on the amenity and character of the site or surrounding residential properties and the surrounding countryside area. Page 20 of 78
Page 21
Application No: 23/00849/PPP Proposed Development: Residential Development, with Associated Roads, Drainage and Open Space Site Address: Heathfield Farm Drumcavel Road Muirhead G69 9EU Date Registered: 30th August 2023 Applicant: Persimmon Homes Plc, Avant Homes Ltd Lamont Family c/o Agent Agent: Mr Roddy MacLeod Redline Planning Keepers Cottage Glen Road Dunblane FK15 0HR Application Level: Major Application Contrary to Development Plan: No Ward: 06 Gartcosh, Glenboig And Moodiesburn Greg Lennon,Michael McPake,Joanne Katy Keltie, Representations: 8 letters (4 addresses) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed development is considered to accord with the Development Plan and the Council’s Supplementary Planning Guidance relating to the Community Growth Area (CGA) by way of a Strategic Development Framework, would not detract from the aims of developing the wider Gartcosh/Glenboig CGA and in principle would not detract from the amenity and safety of the site or the wider area. Notes to Committee: 1. Should planning permission be approved then no decision notice should be issued until a Section 75 Legal Agreement has been concluded securing the required financial contributions towards off-site road infrastructure improvements and education provision. 2. It is considered necessary to extend the implementation period for this permission from 5 years to 10 years due to the complexities of the site. Page 21 of 78
Page 22
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: 23/00849/PPP Name (of applicant): Persimmon Homes Plc, Avant Homes Ltd, The Lamont Family Site Address: Heathfield Farm Drumcavel Road Muirhead G69 9EU Development: Residential Development, with Associated Roads, Drainage and Open Space Page 22 of 78
Page 23
Length of permission Direction: North Lanarkshire Council directs that subsection (2A)(b) of section 59 of the Town and Country Planning (Scotland) Act 1997 applies as respects planning application reference 23/00849/PPP with the substitution for the period of 5 years referred to in (2A) (b) of section 59 by the period of 10 years. The following applies: The length of the permission: That the development to which this permission in principle relates must be begun not later than the expiration of 10 years beginning with the date on which the permission is granted. If development has not begun at the expiration of this period, the planning permission in principle lapses. Submission of matters specified by conditions applications (MSC) and implementation of development To be clear, to enable the full implementation of the development herby permitted before the 10 year period above has expired, application(s) for approval of all the matters specified above must be submitted covering the whole development area; all prior to commencement conditions imposed on said MSC permission(s) must be discharged and a site start made to the satisfaction of the Council as planning authority. Page 23 of 78
Page 24
Proposed Conditions:- 1. That before development of each phase of works starts, a further planning application for Approval of Matters Specified in Conditions (MSC) shall be submitted to the Planning Authority in respect of the following matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of equipped play areas in accordance with the terms of condition 2(b) below and shall include; (i) details of the type and location of play equipment, seating and litter bins to be situated within the equipped play areas; (ii) details of the surface treatment of play areas, including the location and type of safety surface to be installed; (iii) details of any fences to be erected around play areas, (iv) details of a DDA compliant access; (v) a timetable for the implementation of the play areas across the site. (e) the provision of public open space; (f) the details of, and timetable for, the hard and soft landscaping of the site; (g) details for management and maintenance of the areas identified in (d), (e)and (f) above; (h) the design and location of all boundary walls and fences; (i) the phasing of the development; (j) the provision of drainage works; (k) the disposal of sewage; (l) details of existing trees, shrubs and hedgerows to be retained; (m) details of existing and proposed site levels; (n) a detailed Noise Assessment shall be carried out for each phase of development, based on the layout, including noise attenuation measures to mitigate any noise nuisance; (o) details of connectivity through the site and to the wider area; (p) bus stop provision should be considered throughout the site (along spine road). Relocated and any new bus stops shall be agreed with North Lanarkshire Council and Strathclyde Partnership for Transport and the costs of works met by the Developer. Routes to and from new bus stops should be considered in relation to pedestrian connections within the site and to neighbouring communities; (q) details to protect Groundwater Dependent Terrestrial Ecosystems (GWDTE); (r) a site-specific assessment of peat/carbon rich soils within the site; (s) details of digital infrastructure with open access to providers; (t) biodiversity enhancement plan. 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. That notwithstanding the generalities of Condition 1 above, the first Approval of Matters Specified by Condition application shall include the following:- (a) A structural planting plan, including buffer to the Garnkirk/Heathfield Moss area; (b) A strategy, for the provision of play and open space across the application site; (c) A connectivity strategy throughout the site, including linkage from Johnston Loch through to the Garnkirk/Heathfield Moss area, to ensure that the vision of the Seven Lochs project is considered as part of the development proposals; (d) An affordable housing strategy for the site. Thereafter, all submissions of Matters Specified by Conditions applications or further applications shall require to accord with the affordable housing agreement to the satisfaction of the Council as Planning Authority; (e) A Phasing plan showing the order the development will be progressed across the site. For the avoidance of doubt these details require to be submitted and approved in writing by the Planning Authority prior to the construction of the first dwellinghouse. Reason: To ensure that these details are considered at the earliest opportunity. 3. That unless otherwise agreed in writing with the Planning Authority, and subject to the conditions of this permission, the proposed development shall reflect the content of the design and access statement (Persimmon Homes and Avant Homes submitted August 2023) and approved NLC Strategic Development Framework document. In particular, the development shall be designed to accord with the following: Page 24 of 78
Page 25
(a) The internal road layouts should be in accordance with the principles of ‘Designing Streets’ as published by the Scottish Government with the exception of the main thoroughfare through the site; (b) Play provision should be provided at a proportionate level directly relating to each development phase as submitted. Reason: To define and ensure delivery of all key aspects of the permission. 4. That notwithstanding the requirements of conditions 1 and 2 above, any future applications at the site shall ensure the following roads and transportation requirements: a) No road should be the sole means of access to more than 200 units, or 300 units with mitigation eg. strengthened footways and 7.3m wide road. The local distributor road should thereafter be fully constructed to provide connection between the north and south roundabouts on the A752 prior to the completion of unit number 301 (For the avoidance of doubt the number of units considered in this calculation shall include the Phase 1 development currently underway on land adjacent to the application site ref. 19/01213/MSC); b) For each housing phase visibility splays of 4.5m x 90m should be provided from site access junctions located along the length of the proposed distributor road; c) The minimum junction spacing for a local distributor road is 100m; there may be scope to consider a relaxation of this to an absolute minimum spacing of 40m in certain circumstances; d) The local distributor road should incorporate a 1m verge with a 3m wide cycle/footway on the north/east side and a 2m wide verge with 2m wide footway on the south/west side, in order to be consistent with the geometry on the existing local distributor road under construction at the adjacent site. Reason: In the interests of road safety. 5. That the application(s) for Matters Specified in Conditions inasmuch as it relates to the development layout and access, shall be supported by an updated Transportation Assessment. The updated Transportation Assessment shall, in particular, consider and provide further review and analysis of modal shift, trip rates and distribution, with subsequent demonstration and justification for a proposed method of vehicular access into the site and site capacity. If the roundabout at the site access/A752 Lochend Road junction is to be constructed prior to this, the detailed design should allow for additional capacity to take account of any potential increase in flows that could arise from an increase in unit numbers from the site. For the avoidance of doubt, no permission is hereby given for any specific means of access or capacity, with the final design to be guided by the terms of this condition. Reason: To ensure an appropriate means of access to serve the development and in the interest of integrating the site with the surrounding area and road network. 6. That the application(s) for Matters Specified in Conditions for residential areas accessed via the central spine road should be designed following the principles identified in Designing Streets. A Street Engineering Review (SER) should be provided for these areas, which should set out the applicable design parameters for each street. In general terms, the following principles should apply to these areas: • Streets should have a 5.5m wide carriageway with 2m wide footways or service verges on both sides over their entire length; • The minimum design speed should be 20mph; a lower design speed should be applied where there is a greater emphasis on shared-space, e.g. 15mph; • Shared surface sections should be limited and serve short sections of street only, serving a maximum of 20 dwellings; • Street alignment and building line should be integrated to achieve a layout which naturally restricts vehicle speed through street geometry, rather than conventional traffic calming. Long linear lengths of street should be avoided with speed control measures spaced between 60- 80m for a 20mph design speed. This distance should be reduced accordingly for streets with a lower design speed. Reason: To ensure that any layout complies with the general principles of Designing Streets. 7. That notwithstanding the terms of Condition 1 above, in relation to flood risk, any future application(s) for Matters Specified in Conditions shall provide the following further investigation and provision of evidence which shows that the proposed surface water strategy and SUDs layout complies and contains the following features at the later planning stage: Page 25 of 78
Page 26
• An appropriate exceedance route which in storm conditions provides alleviation of the SuDs infrastructure without causing further flooding or detriment to the development or existing properties or access/egress routes. • That the existing flood risk is mitigated and has not been diverted or is going to increase the risk of another location. • Ensuring that the size of SUDS Pond incorporates the entire development site with greenfield runoff, and post development hardstanding, particularly that which has been proposed to be installed within the existing flood path on the west side of the development. Reason: To ensure all matters relating to flood risk are fully assessed and that development on the site is acceptable to SEPA. 8. That any flood mitigation works identified in the updated Flood Risk Assessment and other correspondence submitted to meet the terms of Condition 7 above; shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of all of the flood mitigation works, a certificate (signed by a Chartered Civil Engineer experienced in flood mitigation) shall be submitted to the Planning Authority confirming that the flood mitigation works have been constructed in accordance with the approved plans. Reason: To ensure that the development site and adjacent land and property will not be subjected to unacceptable flooding, in the interests of public safety and amenity. 9. That BEFORE any works of any description start within each residential phase, 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 and this strategy will include details of the schedule for validation reporting to confirm that the remediation works have been carried out before houses are occupied. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents. 10. That any remediation works identified by the site investigations required in terms of Condition 9 shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority in accordance with the agreed schedule of validation reporting confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 11. That before any development works start on the application site, an intrusive site investigation shall be undertaken to establish the exact situation regarding the coal mining legacy on site. For avoidance of doubt this shall include the submission of a scheme of intrusive site investigations for mine entry and shallow coal workings, including a layout plan which identifies appropriate zones of influence for the mine entries on site, and the definition of suitable ‘no-build’ zones. The findings of the intrusive site investigation shall be submitted to the Planning Authority in the form of a detailed report for written approval in consultation with the Mining and Remediation Authority (Coal Authority). The remediation works identified for the treatment of mine entries and shallow coal workings identified by the site investigation deemed necessary to implement this development shall be outlined in this report. Reason: To ensure that the site is suitable for development. 12. That before any development works start on the application site, the remediation works identified for the treatment of mine entries and shallow coal workings identified by the intrusive site investigation required in terms of Condition 11 above, shall be carried out to the satisfaction of the Planning Authority in consultation with the Mining and Remediation Authority (Coal Authority). A certificate (signed by a Chartered Engineer experienced in mining works) shall be submitted to the Planning Authority confirming that the remediation works have been implemented in accordance with the relevant Mining and Remediation Authority (Coal Authority) Guidance. Reason: To ensure that any instability issues is adequately addressed. Page 26 of 78
Page 27
13. That no part of the development approved shall commence until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Planning Authority. The CEMP shall set out, as a minimum, site specific measures to control and monitor impacts arising in relation to hours of operation, lighting, construction traffic, noise, vibration, dust, and air pollutants. It shall also set out arrangements by which the developer shall maintain communication with residents and businesses in the vicinity of the site, and by which the developer shall monitor and document compliance with the measures set out in the CEMP. The development shall be always carried out in full accordance with the approved CEMP. Reason: To safeguard the amenities of the neighbouring premises and the area generally. 14. That prior to any works of any description being commenced within each phase of residential development (as approved under the terms of Condition 2(e) above), unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority. For the avoidance of doubt the drainage scheme must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant CIRIA Manual and other advice published by the Scottish Environment Protection Agency (SEPA). 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 users adjacent to and within the development site respectively. 15. That the SUDS compliant surface water drainage scheme approved in terms of Condition 14 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the completion of each residential phase, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the requirements of Condition 14 above. Reason: To safeguard any adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future users. 16. That before any works start within each residential phase (as approved under the terms of condition 2(e) above), the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by CIRIA in March 2000. Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection. 17. That no development shall take place within the development area until the applicant has secured the implementation of a staged programme of archaeological work in accordance with a Written Scheme of Investigation which has been submitted by the applicant, agreed by the local Archaeology Service and approved by the Planning Authority. For guidance, the response should be characterised by the following:- 1. 5% ground breaking evaluation of that portion of the development area. 2. If this exercise identifies sites or objects of merit there should be proposals for further works potentially including excavation, post-excavation, publication and archiving. Reason: To enable the Planning Authority to consider these aspects in detail. 18. Notwithstanding the requirements of Condition 1 above and for the avoidance of doubt, a detailed Noise Impact Assessment shall be submitted for each phase of residential development for the written approval of the Planning Authority. Thereafter, any agreed noise mitigation measures shall be implemented contemporaneously with the development. Reason: To ensure that noise mitigation measures have been implemented in order to protect the residential amenity of residents. 19. Prior to the commencement of works within each residential phase (as approved under the terms of condition 2(e) above), an updated protected species survey(s) shall be carried out and the details of the findings of the surveys, including any mitigation measures shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, any mitigation measures shall be implemented in accordance with a timescale to be agreed with the Planning Authority. Page 27 of 78
Page 28
Reason: In the interests of the protection of natural habitats and protected species. 20. For the avoidance of doubt no development shall encroach on the Garnkirk Moss (Northeast): Heathfield Moss SINC and a minimum 30m wide buffer zone shall be in place between the development and the SINC boundary to minimise any impacts during development. Reason: To ensure environmental protection measures are in place in the interests of the conservation value and visual amenity of the site. 21. That no trees within the application site shall be lopped, topped or felled and no hedges shall be removed from the application site, without the prior approval in writing of the Planning Authority. Reason: In the interests of the conservation value and visual amenity of the site. 22. That the interests of Scottish Gas Networks (SGN) plc, namely the gas Major Accident Hazard Pipeline within the site, is safeguarded and the applicant agrees to liaise with SGN to ensure that the pipeline and the integrity of the servitude or easement area is not compromised. Reason: To ensure that Scottish Gas Network pipeline is not compromised. 23. That, notwithstanding the generalities of Condition 1(q) above, as part of any future application(s) for Matters Specified in Conditions for the site, a hydrologist should be commissioned to undertake further assessment of the potential Groundwater Dependent Terrestrial Ecosystems (GWDTE) within the site as part of their site assessment. Any further applications should include a set of drawings demonstrating that all GWDTE are outwith a 10m radius of all activities, 100m radius of all excavations shallower than 1m and outwith 250m of all deeper excavations deeper than 1m. The survey needs to extend beyond the site boundary where required and agreed with the Planning Authority. This will inform the final layout. Reason: In the interests of the conservation. 24. That, notwithstanding the generalities of Condition 1(r) above as part of any future application(s) for Matters Specified in Conditions for the site, a site-specific assessment of peat/carbon rich soils shall be submitted and the final layout must be informed by this assessment and must ensure that peat/carbon rich soils are avoided. Reason: In the interests of the conservation. 25. That, notwithstanding the generalities of Condition 2 (b) above, the first Approval of Matters Specified by Condition application, shall include full specification details of 2 x LEAP Play Areas and a Central Multi Use Games Area (MUGA) to the satisfaction of the Council as Planning Authority. Reason: To ensure that the central Multi Use Games Area (MUGA) and LEAP play areas are designed to appropriate standards and meets the design requirements of Sportscotland. 26. That before the occupation of the 200th dwellinghouse within the development hereby permitted, all works required for the provision of the MUGA and 2 x LEAP Play Areas approved under the terms of Condition 25 above shall be completed. Reason: To ensure the provision of strategic well designed play facilities within the site. Page 28 of 78
Page 29
Background Papers: Consultation Responses: Emails from NLC Greenspace dated 4.12.23 and 5.5.25 Emails from Environmental Health (including Pollution Control) dated 16.10.23, 23.10.23 and 16.4.25 Email from NLC Arboriculture dated 5.5.25 Memos from Infrastructure & Transportation dated 3.3.25 and 6.5.25 Email from NLC New Supply dated 6.9.23 Letter from Scottish Water dated 6.9.23 Emails from Scottish Environment Protection Agency dated 19.9.23, 22.12.23 and 11.3.25 Email from Strathclyde Partnership for Transport dated 3.10.23 Memo from NLC Assistant Community Partnership Manager (PLAY) dated 25.4.25 Email from Archaeology Service dated 20.9.23 Letter from the Mining Remediation Authority dated 21.9.23 Letter from Scottish Gas dated 19.7.19 Contact Information: Any person wishing to inspect these documents should contact Jim Lennon at 01236 632500 Report Date: 30th May 2025 Page 29 of 78
Page 30
APPLICATION NO. 23/00849/PPP REPORT 1. Site Description 1.1 The application site incorporates the Heathfield Farmhouse/buildings and associated agricultural fields along the western extent of Gartcosh and covers approximately 31ha. The site is bounded by housing to the north, to the east by Johnston Loch and an adjoining consented PPP housing area (19/00274/PPP), to the south by Glasgow to Edinburgh Railway line with agricultural fields beyond and to the west by mature woodland and agricultural land known as Garnkirk/Heathfield Moss Site of Importance for Nature Conservation (SINC) 1.2 The site slopes down from the north of the site to the south. There are mature tree belts within the site which provides a significant level of screening to the site. 2. Proposed Development 2.1 Planning permission in principle is sought for residential development together with associated vehicular access, SUDS, drainage, landscaping and open space. 2.2 The applicant gained planning permission in principle for 750 units to the east of the application site (ref. 19/00274/PPP) and then an MSC application (ref.19/01213/MSC) was submitted by the same applicant for 290 units over part of the site. Construction on this adjoining site is well underway. 2.3 The indicative plan shows access would be taken from the A752 (Drumcavel Road) to the north via a recently constructed roundabout (part of Phase 1 approval 19/01213/MSC). This would then ultimately link through to the existing access into the Persimmon / Avant site to the south (16/01850/MSC), where an upgraded roundabout access onto Lochend Road, via Skipness Road would require to be formed once the ‘trigger’ of 300 units being constructed within the Heathfield Farm area has been reached. This includes, for the avoidance of doubt, the first phase approval (19/01213/MSC) as well as the current application. 2.4 In terms of how the site would fit in with its surroundings, a 30m wide buffer would be put in place between any development parcel and the Garnkirk/Heathfield Moss SINC to the west and north-west. The railway line to the south in itself would create a buffer between the site and the agricultural land beyond, albeit it is expected that Noise Impact Reports for any future application(s) for Matters Specified in Conditions lodged would confirm an appropriate building line between any housing and the railway line as well as any mitigation measures required. Residential properties and a commercial yard bound the site’s north eastern boundary as well as a 7m high acoustic bund erected in compliance with a condition relating to application 19/01213/MSC. Land to the east is development land associated with the approved PPP application 19/00274/PPP and part of that site is under construction as phase 1 under 19/01213/MSC. 2.5 The proposed development forms part of a much larger area known as the Gartcosh/Glenboig Community Growth Area (CGA) where the council wishes to see circa 3000 houses and associated community facilities provided. The development site forms an area of land on the most westerly edge of the CGA and relates to an area of land that was for later release to allow flexibility for build out densities in order to achieve 3000 units. 2.6 The applicant has advised that it is material to the current proposals that they have certainty over delivery of housing on the remaining land at Heathfield ie. the current application, in order to allow a commitment to be made to the significant investment in the local distributor road through the site and the southern access out onto Lochend Road. The new local distributor road incorporates a wetland crossing which will involve significant engineering works to complete this link. Should members be minded to grant the application it will provide greater certainty of the viability of the development for the applicants. 3. Applicant’s Supporting Information 3.1 The applicant has submitted the following documents in support of their application: • Design Statement dated August 2023. • Ecology report CGA (14/01594/PPP) Page 30 of 78
Page 31
• Coal Mining Risk Assessment dated November 2017 • Archaeological and Cultural Heritage Impact Assessment dated June 2023 • Indicative Drainage Strategy dated May 2023 • Flood Risk Assessment dated May 2023 • Pre-Application Consultation Report dated August 2023 • Planning Statement dated August 2023 • Preliminary Ecological Appraisal dated March 2023 • Preliminary (Bat) Roost Assessment dated May 2023 • Sustainability and Placemaking Strategy dated August 2023 • Transport Assessment dated July 2023 • Tree Survey and Bat Roost Potential dated November 2017 • Breeding Bird Survey submitted January 2024 • National Vegetation Classification Survey dated January 2024 • Environmental Impact Assessment Report dated February 2025 4. Site History 4.1 There have been a number of applications previously determined within the Gartcosh/Glenboig CGA, both Planning Permission in Principle (PPP) and Matters Specified in Conditions. The land adjoining the application site to the east has the benefit of PPP for up to 750 units (19/00274/PPP) and a first phase MSC approval for 290 dwellinghouses (19/01213/MSC) that is currently under construction with some 41 (Persimmon/Avant) units being occupied to date. Land to the south of the site within the CGA has been developed for housing with some 247 units being constructed (Persimmon/Avant – 14/01849/PPP and 16/01850/MSC). Bellway Homes are currently constructing their 2nd phase development within CGA land to the east of Lochend Road (13/01958/PPP), where the 1st phase comprised 155 units (16/02234/MSC) and 2nd phase, currently under construction, for 105 units (21/01459/MSC). 4.2 There are other parts further away from the application site within the CGA area that have been developed, some still under construction within the Glenboig area and some sites within the CGA area yet to come forward for development within Glenboig and Gartcosh. 4.3 The proposed development was the basis of a formal screening opinion which established that the planning application should be the basis of an Environmental Impact Assessment (EIA). Thereafter, the council issued a formal opinion on what the scope of the EIA should be (23/01309/EIASCO). The EIA was submitted in February 2025. 5. Development Plan 5.1 The Development Plan consists of the North Lanarkshire Local Development Plan and the National Planning Framework 4 (NPF 4). NPF 4 was adopted by the Scottish Parliament in February 2023 and prevails over any policies in the Local Development Plan that are incompatible with its aims and objectives. Given the nature and scale of this development, the most relevant considerations are already enshrined in the North Lanarkshire Local Development Plan policies. The policies within NPF4 that are relevant to the application are: • Policy 1 - Tackling the Climate and Nature Crises • Policy 2 - Climate Mitigation and Adaptation • Policy 3 – Biodiversity • Policy 4 – Natural Places • Policy 5 – Soils • Policy 6 - Forestry, Woodland and Trees • Policy 12 - Zero Waste • Policy 13 - Sustainable Transport • Policy 14 - Design, Quality and Place • Policy 15 - Local Living and 20-Minute Neighbourhoods • Policy 16 - Quality Homes • Policy 18 - Infrastructure First • Policy 20 - Blue and Green Infrastructure • Policy 21 – Play, Recreation and Sport • Policy 22 - Flood Risk and Water Management • Policy 23 - Health and Safety • Policy 24 – Digital Infrastructure Page 31 of 78
Page 32
North Lanarkshire Local Development Plan 2022 • PROM LOC3 Housing Development Sites (largely replaced by NPF4 Policy 16 Quality Homes) • Environmental Development Qualities (EDQ1-3) • PROM LOC 4 Special Landscape Areas & Green Network Improvements • PROT A – Natural Environment and Green Network • CI POLICY - Contributions to Infrastructure 5.2 Although not part of the development plan, the Council has agreed Supplementary Planning Guidance relating to the (CGA) by way of a Strategic Development Framework (SDF) which sets out how the CGA will be developed, what strategic transportation measures are required to accommodate the proposed 3000 houses, what infrastructure improvements are required and how these measures will be delivered. The Gartcosh/Glenboig Community Growth Area Strategic Development Framework is a material consideration in the assessment of this application. In addition, as the CGA is within the Seven Lochs boundary the Seven Lochs Wetland Park (SLWP) vision and masterplan is also a material consideration in the assessment of this application. The SLWP is a cross-boundary 20 km urban nature park and green network project located between east Glasgow and Coatbridge containing lochs, local nature reserves, country park and walking and cycling routes. 5.3 Supplementary Planning Guidance Flooding and Drainage (SPG09) supports development that will not be at risk of flooding and will not materially increase the probability of flooding elsewhere or increase areas of land which require protection by flood prevention measures. The application has been submitted along with an appropriate Flood Risk Assessment and both SEPA and NLC Water Management Team are satisfied that the site can be developed for housing and suitable conditions are attached to ensure that the flood risk is adequately considered at the detailed application stage (MSC). 6. Consultations 6.1 NLC Infrastructure and Transportation have no objections subject to conditions. It should also be noted that a contribution of £993 per dwelling requires to be secured through a legal agreement as per the requirement of the Strategic Development Framework for the CGA. 6.2 NLC Protective Services have no objections to the proposal subject to conditions relating to ground conditions, noise and the submission of a Construction Environmental Management Plan. This can be added as a condition. 6.3 NLC New Supply have no objections provided that the required Affordable Housing policy (20%) for the area is met should the application progress to a detailed stage. A condition is proposed reminding the applicant of this requirement. 6.4 NLC Greenspace have no objections subject to conditions that updated surveys be done for each phase of development and that the development is a sufficient distance away from the Garnkirk/Heathfield Moss SINC. 6.5 NLC Education have requested that a contribution of £7,800 per dwelling be made to pay for the increased educational provision required in the catchment area. This can be secured through a legal agreement. 6.6 NLC Community Partnership (Play) have no objections provided that adequate on-site play facilities are provided throughout the site including a central MUGA pitch. Conditions are proposed to ensure that adequate play provision will be provided throughout the site. 6.7 Scottish Water have no objections as there is current capacity to serve the site. 6.8 Archaeology Service have no objection subject to a condition that a Written Scheme of Investigation is carried out by the developer. This can be added as a condition. 6.9 The Mining Remediation Authority have no objections. 6.10 Strathclyde Partnership for Transport have no objections provided that suitable provision for public transport is made available within the overall site. 6.11 Scottish Environment Protection Agency have no objection to the proposed development subject to conditions to control SUDS, the protection of Groundwater Dependent Terrestrial Ecosystems and Page 32 of 78
Page 33
that a specific assessment of peat/carbon rich soils is done. These matters can be conditioned. 6.12 Scottish Gas Networks were consulted during the first phase application assessment (19/00274/PPP) and have no objection subject to condition that they are contacted prior to any development starting on site. This matter has been conditioned. 7. Representations 7.1 Following standard neighbour notification process, EIA process and newspaper advertisement 8 letters of representation have been received from 4 different addresses objecting to the application. The main points in these representations can be summarised as follows: • The roads are not suitable for extra traffic congestion, it is bad enough as it is. The roundabout on Drumcavel Road is an issue for drivers forward visibility. The road cannot take any more houses and resultant road users. • Some documents submitted as part of the Planning Application only mention the Commercial Yard to the north when there are also dwellinghouses there. • Underground gas issue. • Flooding issues in the area and recently constructed SUDS ponds have failed on occasion. 8. Planning Assessment 8.1 The site is identified as an allocated Housing Development site. The aim of the Plan within these areas is to provide a generous supply of land for Housing in the local authority area. Those sites promoted in the Plan will be brought forward through consideration of applications for planning permission and/or in accordance with the Action Programme. EDQ1 (Site Appraisal), EDQ2 (Specific Features for Consideration) and EDQ3 (Quality of Development) which considers issues such as location of development, size, materials, utilities infrastructure and road safety and which states that proposals must integrate successfully with the surrounding area by avoiding harm to the neighbouring amenity. This application seeks consent for the principle of the acceptability of the site for housing it is considered that the matters raised can be effectively mitigated and these are considered further below in the Planning Assessment. 8.2 Section 25 of the Town and Country Planning (Scotland) Act 1997 states that planning applications are to be determined in accordance with the Development Plan unless other material considerations indicate otherwise. Upon its adoption on the 13th of February 2023, National Planning Framework 4 (NPF4) became part of the statutory ‘Development Plan’. It supersedes both Scottish Planning Policy (2014) and the Clydeplan Strategic Development Plan (2017). As a result, the Development Plan in respect of this site now comprises NPF4 (2023) and The North Lanarkshire Local Development Plan (adopted 2022). On 8th February 2023, the Chief Planner for Scotland published Transitionary Arrangements Guidance which set out further details regarding how NPF4 should be applied. This confirmed that adopted Local Development Plans will continue to be part of the development plan. In circumstances such as North Lanarkshire’s, where the Local Development Plan (LDP) has been adopted prior to publication of NPF4, legislation states that in the event of any incompatibility between a provision of NPF4 and a provision of an LDP, whichever of them is the later in date is to prevail. Accordingly, the proposed development requires to be assessed against the provisions and policies of both NPF4 an 8.3 The site falls within the area identified as the Gartcosh and Glenboig Community Growth Area and Seven Lochs Wetland Park. The proposed development therefore also requires to be assessed in terms of the Gartcosh and Glenboig Strategic Development Framework (SDF) and the masterplan that was produced for the Seven Lochs Wetland. National Planning Framework 4 (NPF4) 8.4 The introduction of NPF4 in February 2023 requires that these policies be taken into account in assessing all developments. The most appropriate of these are discussed below. 8.5 Policy 1 - Tackling the Climate and Nature Crises states that when assessing development proposals, significant weight will be given to tacking these crises and Policy 2 - Climate Mitigation and Adaptation seeks to minimise greenhouse gas emissions, energy efficiency and renewable energy. The application site is an allocated housing site within the LDP. It is therefore considered to be a sustainable site that can deliver energy efficient homes and as such can be seen to be compatible in principle with the requirements of Policies 1 and 2 of NPF4. The applicant has also provided reports on Ecology, Water Flood Risk, Landscape and the development has been assessed as an EIA Page 33 of 78
Page 34
development. The EIA considered there was no adverse impact on the environment subject to appropriate conditions to control and mitigate impact. Conditions can be imposed to protect the environment and any future MSC applications will require to demonstrate that the requirements of these policies can be adhered to. 8.6 Policy 3 – Biodiversity indicates that proposals should contribute to the enhancement of biodiversity and should only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity. Whilst it is noted that the proposed development is located outwith any designated nature conservation sites and includes proposals for landscaping and biodiversity enhancements, the application site is directly adjacent to Garnkirk Moss (Northeast): Heathfield Moss Site of Importance for Nature Conservation (SINC). An Ecological Assessment, Bat Report and Tree Survey have been submitted as part of this application. NLC’s Greenspace has advised that they are satisfied with the information provided and that updated reports should be provided as and when required as the site progresses. NLC’s Greenspace also advised that a buffer zone between the application site and the SINC boundary should be implemented as part of the proposed development. This buffer should be included as part of a detailed scheme of landscaping and biodiversity enhancements for the proposed development. A condition requiring this should be attached to any permission. On assessment, it is considered that the proposed development is acceptable in terms of Policy 3 (Biodiversity) so long as the appropriate mitigations are undertaken and appropriate conditions have been imposed to control this matter. 8.7 Policy 4 – Natural Places seeks to ensure natural places are protected and restored and that natural assets are managed in a sustainable way. Conditions are proposed which will safeguard and protect the Garnkirk/Heathfield SINC as well as landscape enhancements being provided throughout the site. 8.8 Policy 5 – Soils seeks to protect carbon-rich soils, restore peatlands and minimise disturbance to soils from development. SEPA have no objection to the application but have advised that a site specific assessment of peat/carbon rich soils requires to be carried out in order to inform the final layout of the development of the site to ensure that peat/carbon rich soils are avoided. An appropriate condition is imposed to control this matter. 8.9 Policy 6 - Forestry, Woodland and Trees seeks to protect and enhance existing woodland areas. There are strips of trees throughout the site and these will be protected and retained, where possible, through assessment of any subsequent MSC applications. In addition the Garnkirk Moss/Heathfield Moss SINC to the west of the site will be protected and a buffer zone would be put in place to protect the SINC. These matters can be controlled by condition. 8.10 Policy 12 - Zero Waste seeks to reduce, reuse or recycle materials in line with waste hierarchy. The application is in Principle only, and there is no reason to suggest that development of this allocated housing site would not be able to meet the requirements of this policy. Any future MSC application will be required to address this policy requirement. 8.11 Policy 13 - Sustainable Transport has regard to sustainable transport and sets out that development will be supported where it can be demonstrated that the transport requirements generated have been considered in line with sustainable travel. As an allocated housing site, a decision which predates the adoption of NPF 4, the location of the site, in terms of sustainable transport was accepted in terms of the community growth area and discussions have taken place with Strathclyde Partnership for Transport (SPT) for the adjacent Phase 1 development area (19/01213/MSC) where a bus route has been identified along the spine road. The spine road separates these sites and traverses the CGA along its north south axis. This central spine road has scope for bus stops to be located along its path and there are suitably wide footways for cyclists and pedestrians to share. East to west pedestrian linkage will be provided through the site connecting Johnston Loch to Garnkirk Moss and this can be controlled by condition. As such, the sustainability of the location of the site as it relates to transport has been accepted. 8.12 Policy 14 - Design, Quality and Place states that development proposals should be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. Proposals will be supported if the development is consistent with the six qualities of successful places as set out in Appendix D of NPF4, namely:- Healthy, Pleasant, Connected, Distinctive, Sustainable and Adaptable. The site is an allocated housing site and was considered appropriate for housing and falls within the boundary of the Gartcosh/Glenboig CGA. The principle of development has therefore been established through the site’s inclusion within the CGA and SDF. The Council will ensure that any detailed application to follow will be consistent with the aims of this policy, it is therefore considered to comply with this policy. Page 34 of 78
Page 35
8.13 Policy 15 - Local Living and 20-Minute Neighbourhoods state that development proposals will contribute to local living including, where relevant, 20 minute neighbourhoods. To establish this, consideration will be given to existing settlement pattern and the level and quality of interconnectivity of the proposed development with the surrounding area. There are good road connections and walking routes, public transport and some local shops that are easily accessible. It is considered that the proposals meet the aspirations of this policy as it has been identified at a strategic level for development through the CGA allocation and the sites inclusion in the SDF. 8.14 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. The development will help the Council in its’ stated ambition to reach its target for housing within the area. The application is in principle only at this stage, however, the detailed applications will be able to provide attractive mixed housing in an allocated housing area, as well as 20% affordable housing either wholly on site, or an element of onsite with financial contributions made to the Council, at the Council’s discretion. 8.15 Policy 18 - Infrastructure First supports developments that provide (or contribute to) infrastructure in line with that identified in LDPs and their delivery programmes. The site is an allocated site within the LDP brought forward through the SDF with enhancements/alterations to the existing road network required to facilitate the development and financial contributions made per unit to compensate for impact on Education in the area and roads contribution for enhancements required across the CGA. The Councils Affordable Housing (AH) policy for the area ensures that the site is to be made up of 20% AH. This is covered by condition and will be subject to a legal agreement for any MSC application(s) submitted in the future. 8.16 Policy 20 - Blue and Green Infrastructure supports developments that will not result in or exacerbate a deficit in blue and green infrastructure provision. In terms of assessment, it is noted that an extensive buffer zone around the Garnkirk/Heathfield SINC is to be maintained. Some 14ha (45%) of the site will remain as open space as part of the proposals and a green corridor along the route of a gas pipeline will be maintained through the site. The detail of the proposals, including drainage that come forward can be controlled by condition and it is therefore considered that the application is compliant with the general principles of this policy. 8.17 Policy 21 – Play, Recreation and Sport seeks to encourage, promote and facilitate spaces and opportunities for play, recreation and sport. It states that development proposals likely to be occupied or used by children and young people will be supported where they incorporate well designed, good quality provision for play, recreation, and relaxation that is proportionate to the scale and nature of the development and existing provision in the area. Furthermore, development proposals that include new streets and public realm should be inclusive and enable children and young people to play and move around safely and independently, maximising opportunities for informal and incidental play in the neighbourhood. It is considered that given the size of the site that this matter can be controlled by condition. 8.18 Policy 22 - Flood Risk and Water Management supports development that will not increase the risk of surface water flooding to others or itself be at risk and to manage all rain and surface water through Sustainable Urban Drainage Systems (SUDS) whilst minimising impermeable areas. The Council is satisfied, through SEPA and the Council’s Water Management Section that the site can be developed without detriment to the areas existing and proposed use, subject to appropriate information being provided at the MSC stage. This matter can be controlled by condition. 8.19 Policy 23 - Health and Safety seeks to protect people and places from environmental harm. Mitigate risks arising from safety hazards and encourage, promote and facilitate development that improves health and well being. A gas pipeline traverses the site from east to west which necessitates a 30m wide buffer zone to be in place (15m each side of pipeline). Scottish Gas has been consulted for the previous PPP application (19/00274/PPP) and a condition is proposed to safeguard their concerns. Appropriate conditions have also been imposed to ensure that noise is assessed and where required appropriate mitigation is put in place. It is considered that the site can be developed in such a way that there are no issues with this policy. 8.20 Policy 24 – Digital infrastructure supports development that provides future proofing by ensuring that appropriate ducting is in place within new development sites that can be used by different broadband providers and the like. An appropriate condition has been imposed to control this matter. Page 35 of 78
Page 36
The North Lanarkshire Local Development Plan 8.21 The North Lanarkshire Local Development Plan (NLLDP) designates the site under Policy PROM LOC3 Housing Development sites. As such it is promoted in the Plan to be brought forward through consideration of applications for planning permission and/or in accordance with the Action Programme. The principle of residential development is therefore established for this site. However, the application requires to be assessed against the other relevant policies in the LDP. 8.22 Environmental and Design Policies EDQ 1 (Site Appraisal), EDQ 2 (Specific Features for Consideration) and EDQ 3 (Quality of Development) consider a range of potential impact criteria such as design, materials, and road safety, including if the development is in an area subject to hazards such as in this case a high pressure gas pipeline. The overall provision is that proposals must integrate successfully with the surrounding area maintaining acceptable levels of amenity, whilst meeting the challenges of climate change and sustainability. The application is a ‘Planning Permission in Principle’ application, therefore no specific design details have been submitted at this stage, however it is considered that any future MSC applications can be brought forward in a manner to meet these standards. However, an assessment has been carried out, at this time, of the relevant matters. 8.23 EDQ 1 (Site Appraisal) states that any proposed development will require to be appraised in terms of the site and its surroundings to ensure that it will integrate successfully into the local area and avoid harm to neighbouring amenity. The site is an allocated housing site by virtue of its’ inclusion within the Gartcosh/Glenboig CGA and designation as such within the LDP. Therefore, the principle of housing is already established and the proposal is considered to be able to be compliant in principle with this policy. A 30m wide buffer would be put in place between any development parcel and the Garnkirk/Heathfield Moss SINC to the west and north-west and the railway line to the south in itself would create a buffer between the site and the agricultural land beyond. Conditions can also be imposed to control delivery of the buffer, landscaping, biodiversity, connectivity and play. Any future MSC application would then also require to be assessed against the aims and objectives of this policy. Thereafter as applications come forward densities will be monitored as this site was originally intended for later release. The CGA area is well under construction towards reaching 3000 units and the number of units to be constructed cannot exceed this limit. The MSC applications will therefore be required to adhere to this. 8.24 EDQ 2 (Specific Features for Consideration) requires utility infrastructure to be protected. The gas pipeline that traverses the site from east to west will have 30m wide buffer zone (15m on either side of the pipeline) to ensure this infrastructure is protected. 8.25 EDQ 3 (Quality of Development) considers a range of potential impact criteria such as design, materials and road safety. The overall provision is that proposals must integrate successfully with the surrounding area by avoiding harm to the neighbouring amenity. It advises: Development will only be permitted where high standards of site planning and sustainable design are achieved. Planning Applications will need to demonstrate that the proposed development takes account of the site appraisal (EDQ1), any specific features for consideration (EDQ2), any assets protected under Policy PROT, any evaluation of design options, and achieves a high-quality development in terms of the following:- a. Establishing a clear vision for the site with design principles which lead to the creation of a distinct, successful place addressing siting; overall layout; density; form; scale; height; massing; proportion; detailing; colour; materials. It is considered that the development proposed could comply with this criteria and any future MSC application will be held to these standards. b. Providing a safe, pleasant, inclusive, convenient and welcoming development. Any future MSC application will be assessed against this policy. There is no reason to believe that these requirements cannot be achieved within any development layout. In terms of road safety NLC Infrastructure & Transportation have no objection to the application. NLC Infrastructure & Transportation recommended further Transport Assessments be submitted for all phases of development within the site in order to reflect the current position as applications come forward. This can be controlled by condition. Page 36 of 78
Page 37
c. Moving towards a low-carbon economy, addressing, resource efficiency, Mitigation of and Adaptation for the effects of Climate Change energy and waste issues in order to create a sustainable development with a low ecological footprint. In accordance with current building standards and in the interest of energy efficiency, development coming forward will be capable of providing a variety of means to limit CO2 emissions in line with the current building regulations. d. Connection to the fibre optic network to ensure that next generation broadband speeds can be provided This matter can be controlled by condition and any future MSC application will be assessed against this policy. e. Mitigating any likely air quality, noise, or pollution impacts particularly in or adjacent to Air Quality or Noise Management Areas. In some circumstances, mitigation may not always be possible, and avoidance may be required. NLC Protective Services have no objections to the proposal subject to conditions relating to ground conditions, noise and the submission of a Construction Environmental Management Plan. These matters can be controlled by condition. f. Ensuring that water body status is protected and, where possible, enhanced. SPG 09 (Flooding & Drainage) requires that applicable developments demonstrate any risk and means for mitigation of flooding and detail the measures for treatment of surface water through the use of SUDS principles. A Drainage Assessment has been undertaken in accordance with the standing advice and requirements of the Scottish Environment Protection Agency (SEPA), National Planning Framework 4, North Lanarkshire Council’s planning guidance and Sewer for Scotland 4th Edition. In considering flood risk potential, SEPA are satisfied that the development can proceed without detriment to the area nor be at risk of flooding for future residents within the site. However. it is recommended conditions are imposed requiring surface water is treated within a sustainable urban drainage system and further conditions relating to protecting Groundwater Dependent Terrestrial Ecosystems and that a specific assessment of peat/carbon rich soils be done. g. Adequate provision has been made for the development and maintenance of landscaped open space areas and, amenity space and play provision and for linking to and enhancing open spaces and green networks. The application is in principle only. Appropriate conditions have been imposed to ensure that any future MSC applications meet these criteria . h. Existing features of Green Network or Historic Environmental interest or Resources, protected under the terms of the Protect Assets Policies will be safeguarded and enhanced. There is a green corridor along the route of the gas pipeline that traverses through the site, a large area of open space in an undermined no-build zone and an extensive buffer zone protecting the Garnkirk/Heathfield SINC. Some 14ha (45%) of the site will remain as open space as part of the proposals. It is considered that the site can be developed in such a manner that will not be a odds with this policy. 8.26 PROM LOC 4 Special Landscape Areas & Green Network Improvements seeks amongst other considerations, the enhancement of the Seven Lochs Wetland Park and the Green Network. Any proposals will be expected to contribute to the health and wellbeing and quality of life of local communities. Green Networks, corridors and linkages are widely seen as a key mechanism for reversing the effects of fragmentation on biodiversity. There will be natural landscape links throughout the site, as requested by conditions and a 30m wide landscape linear buffer will be provided across the site from East – West along the line of the high pressure gas pipeline that requires protection from construction work. Johnston Loch, which is part of the Seven Lochs Wetland Park, will be accessible from the eastern extremity of the site and in due course, a route is to be provided around the loch, when other phases of housing take place including the secondary access required which runs to the west of the loch. It should be noted that just over half of this proposed path around the loch has been Page 37 of 78
Page 38
provided as required by the housing on the Heathfield phase 1 development site (Ref.19/00274/MSC). It is considered that the general principles of PROM LOC 4 and the Seven Lochs Wetland Park Masterplan will be suitably addressed and that the development will provide a valuable enhancement to the current situation. 8.27 PROT A – Natural Environment and Green Network is similar to PROM LOC 4 above in that it protects natural and resilient sustainable places by safeguarding natural heritage assets. The Seven Lochs Wetland Park is a Category A3 site in terms of this policy and it is considered that the development will enhance the potential for linking the Seven Lochs through ensuring that suitable access is created throughout the site, especially from the east and support connectivity and access around Johnston Loch which has been established by condition of a previous approval (19/01213/MSC) as noted above. The Garnkirk/Heathfield SINC will also be protected by ensuring that a 30m wide buffer zone is established and a condition is proposed to ensure its protection. 8.28 CI POLICY Contributions to Infrastructure North Lanarkshire Council will seek to secure developer contributions for new developments that, individually or cumulatively, generate a requirement for new or enhanced infrastructure or services, covering Affordable Housing in Cumbernauld Housing Sub-Market Area, and Education, Transport and Green Network Infrastructure, Amenity Space and Play across North Lanarkshire. 8.29 Developer contributions for new developments that, individually or cumulatively, generate a requirement for new or enhanced infrastructure or services, covering Affordable Housing, Education, Transport, and Green Network Infrastructure, Amenity Space and Play require to be sought, where necessary. The impact of the proposed development in terms of this requirement is such that a legal agreement will require to be concluded and each unit will be subject to an index linked contribution of £7,800 towards Education provision and £993 towards Roads infrastructure. In terms of the green network, amenity space and play these matters can be controlled by condition. In terms of affordable housing there will be a requirement within the site or a financial contribution taken. However, this aspect can be agreed as part of any future MSC application, should the application in principle be granted. An appropriate condition to control the delivery of affordable housing can be imposed at this time until details are agreed. It is therefore considered that the proposed development can accord with POLICY CI Contributions to Infrastructure. 8.30 Although a large part of the application site is identified as a ‘Later Release Site’, it is considered that it can be released for housing at present, as the Council has already processed a number of planning applications across the CGA area and these sites have been mostly developed out. The Council has established the numbers constructed within individual land parcels and is confident about the potential numbers on the other sites yet to be developed. A number of the sites have not achieved the numbers initially envisaged as they are mostly detached dwellings constructed/proposed and densities within approved sites have been lower. On this basis it is not proposed to identify a specific number at this juncture, however, it is considered that a minimum of 440 units can be constructed at present that would not conflict with the original numbers proposed in the CGA of 3000. This has the potential to go up by approximately 80-100 units should an Appeal to the Scottish Government for 75 units within a ‘no-build’ zone be dismissed (land East of Lochend Road) and other sites not reaching the numbers allocated to them during the initial assessment of the SDF and, in particular, the Gartcosh/Glenboig CGA area. The number of units that come forward will continue to be monitored. Representations 8.31 In response to the grounds of representation summarised above in paragraph 7.1, the following comments can be made in the same order as they appear above: • NLC Infrastructure and Transportation are satisfied that the road network will not be impacted by the development as this proposal is part of the CGA and enhancements have been made to cater for the additional traffic in the area with more to take place. £933 per unit will also be required from the developer for road improvements. • The Council is aware that there are dwellinghouses adjacent to the commercial yard to the north of the application site and they have been taken account of when assessing the merits of the planning application. It is not considered that the development will have an adverse impact on these properties. However, it is recognised that this matter will require to be assessed again when a detailed layout for this area of the site is submitted through MSC application and amenity will require to be protected. • NLC Protective Services have been consulted on the applications at Heathfield Farm area and will require to be satisfied that the site is capable of being built on without detriment to Page 38 of 78
Page 39
existing residences. The Site Investigation for the first phase (19/01213/MSC) of development was signed off and is under construction at present. Underground gas issues would be considered during the assessment of receipt of a Site Investigation for the application site. This matter can be controlled by planning condition and the Council will require to be satisfied that there are no underground gas issues affecting the site that cannot be mitigated before development can start. • In considering flood risk potential, SEPA are satisfied that the development can proceed without detriment to the area nor be at risk of flooding for future residents within the site. Whilst there may have been some initial issues with the constructed SUDS area, formed as part of phase 1 of the development it is believed that these initial issues have now been addressed and the SUDS area is functioning as it should. This matter can be controlled by planning condition. Other material considerations 8.32 As stated in paragraph 4.3 above, an EIA was requested and was subsequently submitted in February this year. The scope of the EIA was agreed with the applicant and covered Ecology and Ornithology, Noise Impact Assessment, Air Quality, Water Resources and Flood Risk, Traffic and Transportation and Landscape and Visual Effects. The relevant Consultees were re-consulted on the EIA submission and responses were received. These are summarised within the Consultation section above and there were no objections. The EIA considered there was no adverse impact on the environment subject to appropriate conditions to control and mitigate impact. Appropriate conditions have been imposed to control these matters. 9. Conclusions 9.1 In conclusion, following assessment of the application and notwithstanding the objections received, it is considered that the proposed residential development satisfactorily complies with both national and local policy, as well as supplementary planning guidance relating to the CGA by way of a Strategic Development Framework (SDF) and the Seven Lochs Wetland Park Masterplan. It is also considered that the development accords with the design policies of the adopted North Lanarkshire Local Development Plan. The proposed development is therefore acceptable in terms of its impact upon the site and the surrounding residential area. Accordingly, it is recommended that planning permission be approved for the reasons stated, subject to conditions and a legal agreement to secure the financial contribution towards Education and Roads Infrastructure. Green Network Infrastructure, Amenity Space and Play, as well Affordable Housing will also require to be brought forward on the site and conditions have been imposed to control these matters. 9.2 Due to the complexities of the site it is considered necessary to grant permission with an implementation condition of 10 years instead of the standard 5-year timescale for applications of this type (planning permission in principle) in order to allow sufficient time for the additional matters specified in conditions applications to be brought forward. Page 39 of 78
Page 40
Application No: 24/00876/MSC Proposed Development: Matters Specified in Conditions (Design and Layout) of Permission 14/01594/PPP Residential Development (25 Flats in 3 & 4 Storey Block) with Parking and Amenity Space Site Address: Land South Of Glenboig Road Marnoch Glenboig Date Registered: 13th September 2024 Applicant: Callanish Homes (Glenboig) Ltd 17 Baronshill Avenue Linlithgow EH49 7JU Agent: Jacqueline Forbes Consulting Dunellen 36 Brackenbrae Avenue Bishopbriggs Glasgow G64 2BW Application Level: Local Application Contrary to Development Plan: No Ward: 06 Gartcosh, Glenboig and Moodiesburn Greg Lennon, Michael McPake, Joanne Katy Keltie, Representations: 14 letters of representation received. Recommendation: Approve Subject to Conditions The proposed development accords with the aims of developing the wider Gartcosh/Glenboig Community Growth Area. In terms of design, it is considered that the development will integrate satisfactorily being in accordance with the relevant policies contained in the Development Plan and could be accommodated without significant detriment to the character and amenity of the surrounding area. As such, the development is considered to satisfactorily comply with the relevant conditions of planning permission in principle (14/01594/PPP). Page 40 of 78
Page 41
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: 24/00876/MSC Name (of applicant): Callanish Homes (Glenboig) Ltd Site Address: Land South Of Glenboig Road Marnoch Glenboig Development: Matters Specified in Conditions (Design and Layout) of Permission 14/01594/PPP Residential Development (25 Flats in 3 & 4 Storey Block) with Parking and Amenity Spacepace Page 41 of 78
Page 42
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: 05.06.23 (Location Plan), 23-081-Sk-01, 22.060.P.002, 22.060.P.003, 22.060.P.010, 22.060.P.201, 23-081-20, 22.060.P.003, 22.060.P.004, 22.060/P.102, 22/060.P.101 & 23-081-10 Reason: To clarify the drawings on which this approval of permission is founded. 2. Prior to commencement of works on site a remediation strategy based on the site investigation by Mason Evans dated July 2019 and subsequent recommendations of the peer review shall be submitted for further review and approval of the Planning Authority and should include a verification strategy for the installation of ground gas protection measures in accordance with CIRIA C735. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 3. That before works commence on site, any remediation works identified by the site investigation by Mason Evans dated July 2019 (including subsequent peer review) and approved as part of condition 3 above, shall be carried out. Thereafter, a certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 4. That before the construction of any roads or flatted dwelling, unless otherwise agreed in writing with the Planning Authority; full details of the final surface water drainage scheme shall be submitted to the said Authority and a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans. Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater, in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site. 5. That the surface water drainage scheme approved under the terms of condition 4 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans. Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site. 6. That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development. Reason: To ensure the provision of satisfactory sewerage and surface water drainage arrangements. 7. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size Page 42 of 78
Page 43
of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site. Reason: To ensure the implementation and maintenance of the landscaping scheme in the interest of amenity. 8. That all works included in the scheme of landscaping and planting, approved under the terms of condition 8 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species. Reason: To ensure the implementation and maintenance of the landscaping scheme in the interest of amenity. 9. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed grassed, planted and landscaped areas (b) any communal fences, walls and footpaths; (c) the communal access road and parking court Reason: To ensure the maintenance of the landscaping scheme/communal areas (including access and parking court) in the interest of amenity. 10. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 9 shall be in operation. Reason: To ensure there is an adequate landscape maintenance scheme in place. 11. 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: To enable the Planning Authority to consider these aspects in detail. 12. That prior to commencement of development, a Construction Method Statement shall be submitted to and approved by the Planning Authority. For the avoidance of doubt, the Construction Method Statement shall cover: • Details of the location of site compound and management facilities; • Details of construction access, parking and manoeuvring areas and; The development shall be implemented in accordance with the approved Construction Method Statement. Reason: In the interests of the amenity of the area, to minimise pollution risks arising from construction activities. 13. That prior to the commencement of works on site, a Bat roost potential survey of the existing trees identified in the Preliminary Ecological Appraisal & Tree Survey Heritage Ecological Limited March 2024) produced by HEL Ltd shall be carried out and findings reported to the Planning Authority with any matters arising to be concluded to the satisfaction of the Planning Authority. Page 43 of 78
Page 44
Reason: In the interests of Protected Species and ecology. 14. That should development not commence within 2 years of this decision, an updated Protected Species Survey shall be submitted to and approved in writing by the Planning Authority. Following written approval by the Planning Authority, the requirements of those reports in respect to habitat and protected species protection shall be complied with in full, including securing any licences from Nature Scotland. Reason: In the interests of protecting nature conservation interests. 15. That prior to commencement of works on site the developer shall provide written evidence that contact has been made with Scottish Gas Networks with regard to ensuring that the integrity of the servitude or easement area and drainage of the pipeline is not compromised, and that contact has been made with the local pipeline engineer prior to commencement of works on site. Reason: In the interests of the proper maintenance of the pipeline and public safety. 16. The development will be completed in strict accordance with the acoustic mitigation measures outlined in ‘Environmental Noise Impact Assessment – (acoustic fences, and glazing and ventilation) as specified in Section 6 of the Glenboig Area C Noise Impact Assessment Report by Envirocentre dated July 2024. unless otherwise approved by this planning authority. For the avoidance of doubt, this will include all glazing and ventilation requirements, the installation of acoustic barriers and the completion of all other acoustic mitigation measures outlined with the approved noise impact assessment. No dwelling will be occupied until the completion of the appropriate noise mitigation measures related to that individual dwelling has been implemented and validated by a suitably qualified acoustician. Any noise mitigation measures required will be installed to the satisfaction of the planning authority. Reason: To ensure that appropriate noise mitigation is in place. 17. That before the development hereby permitted commences details of the tree protection measures set out in Preliminary Ecological Appraisal & Tree Survey Heritage Ecological Limited March 2024) shall be submitted for approval and thereafter confirmed in writing as implemented. Reason: In the interests of protecting nature conservation interests. Background Papers: Consultation Responses: Scottish Gas Network (Plant Protection) letter received 19th September 2024 Environmental Health (including Pollution Control) memorandum Received 17th October 2024 NLC Roads memorandum received 27th January 2025 & 29th April 2025 Health and Safety Executive memorandum received 8th October 2024 Contact Information: Gordon Arthur at esplanning@northlan.gov.uk or 01236 632487 Report Date: 29th May 2025 Page 44 of 78
Page 45
APPLICATION NO. 24/00876/MSC REPORT 1. Site Description 1.1 The application site is positioned on the western edge of the Glenboig to the south of Glenboig Road and will be accessed form Jock Shaw Drive. This area is residential and characterised by predominantly two storey detached dwellings. The site has a residual tree line running north south through the site. The site is bounded by Glenboig Road to the north recent residential development to the east and south and ongoing construction of residential development to the west and open space to the north beyond Glenboig Road is open space before giving way to two storey established residential development. 2. Proposed Development 2.1 This application seeks to comply with matters specified by planning conditions (MSC) following planning permission in principle (14/01594/PPP) relating to design layout and access. The conditions being discharged include development design and layout, updated transport assessment, site ground investigation drainage and water connection infrastructure, potential archaeology, and noise impact assessment on the proposed dwellings. In terms of layout the application provides details for 25 flats in two conjoined blocks, one of three storeys and one of four storeys with a dual inclined roof, associated parking courts and amenity open space. The development will be accessed from Jock Shaw Drive. In addition, 2 single storey buildings are located to the east of the flats containing a bin store and building to house the water storage for the communal heat pump heat pump. The design and material palette reflects the recently approved flatted development accessed off Glenburn Gardens – permission 24/00661/AMD 2.2 The site has been developed to have pedestrian links with the adjacent existing residential network. The style of development and street pattern follows the principles of Designing Streets, in providing a hierarchy of streets and places insofar as it is a single block. 3. Applicant’s Supporting Information 3.1 The applicant has submitted the following documents in support of their application: • Design Statement dated August 2024 • Preliminary Ecological Appraisal and Tree Survey Statement by HEL dated March 2024. • Noise Impact Assessment by Enviro Centre dated July 2024 • Site Investigation Report by Mason Evans dated May 2024. 4. Site History 4.1 Planning permission in principle (14/01594/PPP) for the construction of residential development (up to 1040 houses) community hub with ancillary works including access road, sustainable urban drainage system and Landscaping was granted in February 2017. This application seeks to address matters specified by planning condition (MSC) following the planning permission in principle. Previous relevant permissions include the following: • 14/02445/FUL Construction of Link Road with Formation of Roundabout and SUDS Feature (Glenboig Link Road/Graignethan Drive) • 19/01435/MSC 31 Dwellings with Access Road, Parking and Amenity Space (site across Jock Shaw Drive currently under construction) • 24/01033/FUL Temporary siting of sales cabin, including access, parking, landscaping and all other associated works, Land Off Jock Shaw Drive, Glenboig. Granted 16.12.2024 Page 45 of 78
Page 46
5. Development Plan 5.1 NPF4 forms part of the development plan. As such the proposed development requires to be assessed against the provisions and policies of both NPF4 and The North Lanarkshire Local Development Plan. Given the nature and scale of this development the most relevant considerations are already enshrined in the North Lanarkshire Local Development Plan policies. This application can therefore be considered against the policy provisions of the North Lanarkshire Local Development Plan as follows. North Lanarkshire Local Development Plan 2022 • Prom Loc3 Housing Development sites (Largely replaced by NPF Policy 16 Quality Homes) • Environmental Development Qualities (EDQ1-3) The site is identified as an allocated housing development. The aim of the Plan within these areas is provide and promote an agreed supply of land for residential development. Those sites promoted in the Plan will be brought forward through consideration of applications for planning permission and/or in accordance with the Action Programme. EDQ1 (Site Appraisal) and EDQ3 (Quality of Development) which considers issues such as location of development, size, materials and road safety and which states that proposals must integrate successfully with the surrounding area by avoiding harm to the neighbouring amenity. 5.2 The policies within NPF4 that are relevant to the application are :. • Policy 3 Biodiversity Policy • Policy 6 Forestry, Woodland and Trees • Policy 13 - Sustainable Transport • Policy 14 - Design, Quality and Place • Policy 16 - Quality Homes. 5.3 Although not part of the development plan, the Council has agreed Supplementary Planning Guidance relating to the (CGA) by way of a Strategic Development Framework (SDF) which sets out how the (CGA) will be developed. 6. Consultations 6.1 In terms of consultation responses, • Scotland Gas Networks objected to the application pending a site visit with the applicant prior to the commencement of development. A planning condition is recommended in order to ensure that this meeting takes place/Scottish Gas interests are suitably addressed by the applicant during the course of the development (condition 15 refers) • Health and Safety Executive (PHADI+) confirmed that the proposed development site does not currently lie within the consultation distance (CD) of a major hazard site or major accident hazard pipeline; therefore, at present HSE does not need to be consulted on any developments on this site. • NLC Infrastructure & Transportation. Initially requested the application be deferred based on lack of detail at the entrance and a slight shortage in parking. NLC Roads considered matters outstanding could be easily remediated with a drawing demonstrating these revisions. The applicant subsequently issued a drawing demonstrating the requested changes. They also comment that the applicant should be advised that as this is essentially a parking court for flats, it will not be eligible for adoption by NLC. Page 46 of 78
Page 47
• NLC Protective Services reviewed the updated Noise Impact Assessment (NIA) in respect of the above development and advised that in respect of the methodology and conclusions the report was accepted. That said, should the application be approved protective services recommend a planning condition to ensure that the development is completed in accordance with the noise mitigation measures (acoustic fences, and glazing and ventilation) as specified in Section 6 of the Glenboig Area C Noise Impact Assessment Report by Envirocentre dated July 2024. A post-works validation report requires to be submitted prior to occupation of the dwellings to ensure that the agreed mitigation measures have been installed correctly (covered by condition 16). In considering ground conditions a site investigation report was reviewed and comments passed to the applicant for actioning. Given this interim position it is recommended that the condition relating to site investigation remains attached to the permission should members be minded to approve (conditions 2 & 3 refer). 7. Representations 7.1 14 letters of representations were received as a result of the neighbour notification procedure and newspaper advert. 13 residents objecting and 1 in support of the development and 1 received after the statutory deadline for comments. Matters raised are summarised below and dealt with in detail in the paragraphs that follow: • Existing and committed development. • Drainage and flooding • Design • Construction process • Road safety and parking provision • Green space and trees • Planning Procedure • Existing infrastructure 7.2 Existing and committed development • The Queens Gait development currently has a closed connection to the proposed Barratt housing development. Once David Shaw Way is opened, this will mean that Jock Shaw Drive will need to handle additional traffic from the developments by Barratt Homes (including through traffic from Taylor Wimpey homes) and Avant homes/flats across the street. Additional parking along Jock Shaw Drive will create a safety hazard. • Queens Gait estate is busy with pedestrians, many of them children, who quite rightly play outdoors. There is no signage to warn drivers, there are no road markings and there are no pedestrian crossings in place or proposed. The volume of traffic coming in and out of Jock Shaw Drive is already posing a risk to pedestrians and I believe this risk will become greater with the addition of a large block of flats. Furthermore, I'd be interested to know if, with all the building works taking place, the safety of pedestrians walking to Gartcosh Station has been considered. • With 3 sites proposed for building directly in front of the Queen’s Gait development, this will cause quite an amount of disruption and noise pollution for every resident in the development. There's only one entrance/ exit to our development and it's positioned where the entrance to all 3 further proposed areas of development will be, how can this not be a disruption? Response: There will always be an impact due to construction activity including associated construction traffic. This will be for a temporary period only however, the onus is on the developer to keep disruption to a minimum and issues of road safety during construction are not controlled by the planning system but fall primarily to the developer within under cover of safe practice on site. Condition 12 will require details of the site compound and parking and NLC Infrastructure and transportation have no objections Page 47 of 78
Page 48
• we were advised (as were other purchasers of Muir Home properties) that there would NO building or building structures built on the land which this planning application has been proposed for. Response: The planning service cannot speak on behalf of a house builder however the plans for the Community Growth Area have been published for over a decade prior to the submission of this application. As indicated above, the planning permission in principle covers the application site. 7.3 Drainage and flooding • Further development in this area will only exacerbate the existing flooding issues, increasing the risk of flooding. • The Scottish Water surface water catchment pond should the detention pond fail to contain the water runoff it was designed for, then this site (according to SEPA's flood risk map will be severely affected. • Given, the location of the proposed flats, there will be an obvious flooding problem as the water will drain downwards from behind our homes into their proposed development. • concern about the drainage and infrastructure problems with the area. The Queens Gait development already suffers already from poor drainage, how will further development of the area improve that? Response: SEPA flood risk maps identify that a small part of the site may be subject to surface water flooding. The development will be subject to planning condition requiring the final detail and installation of a sustainable urban drainage system (SUDS) that will require to be signed off by a certified engineer experienced in land drainage. In addition to ensuring that suitable post development surface water drainage attenuation is provided this scheme will also need to ensure that any existing surface water issues are dealt with. 7.4 Design • Proposal of flats is not in keeping with other houses within the area. The design of flats would completely change the area. • Over developing of site to maximise as many dwellings as possible on to small buildable area. Response: It is acknowledged that the dwellings to the south at Sussex Grove are two storeys as are the dwellings on Jock Shaw Drive. However, the flats will sit at the bottom of a significant slope in topography significantly below the ridge line of the dwellings to the south. That said, it is not uncommon for residential areas to be characterised by having a mixture of dwelling heights and styles. Something which is already evident in the surrounding area. A recent approval of permission was given for a flatted development accessed from Glenburn Gardens and these flats are of a similar scale, design and material palette. • In 2020, North Lanarkshire Council published the Gartcosh and Glenboig Development Framework, On Figure 7 - Page 51, the map clearly indicates that the property covered by this proposed development is in a LOW-density area. How would this development be compliant, when there are already plans for flats across the street. Surely the council is already aware of how this will be detrimental to the character of the area, especially when there is a nature reserve nearby. Response: Figure 7 of the Development Framework places the site in a low density build area. Low density in this instance equates to 15 to 25 dwelling per hectare (dwpha) so an average of 20. That being the case the proposed 25 flats is consistent with the approved residential density. • I am concerned about this very small number of parking spaces. I believe this will result in residents of the flats parking on Jock Shaw Drive, restricting access and posing a safety risk for walkers, cyclists and the numerous children living in Queens Gait estate (and I suspect in the Barratt and Avant estates also). Not to mention the inconvenience for local residents having cars parked on the road to enter the estate, and the difficulty for drivers having to navigate this as soon as they turn off a busy roundabout. Page 48 of 78
Page 49
Response: considering this development NLC Infrastructure and Transportation was consulted and expressed no objection to the development and their assessment includes road safety matters and parking arrangements. • Residents on the odd side of Sussex Grove will be overshadowed by such a building. Views from the rear of each property will be blocked out by the flats, views looking out on to the Campsie hills and all privacy in each of our gardens will be gone. Response: The loss of a view is not a material planning consideration. However, loss of privacy, loss of sunlight daylight and a development being overbearing are. Whilst it is acknowledged that this development will introduce change these matters have been carefully assessed and by virtue of the distances involved, the orientation of existing properties, topography (significant differences in levels between existing and proposed) and orientation of the proposed buildings the development will not impact on any of these matters in such a way as to justify a refusal of planning permission or require a change of design 7.5 Construction Process • Yet a further development around the Queen’s Gait estate (Taylor Wimpy & Avant currently under construction with Barratt about to commence in due course), leading to further building nuisance, noise pollution, traffic management and congestion to existing residents. • The ongoing construction in the area continues to cause disruption, pollution and unacceptable risks to residents. • The local area has already been marred by aggressive and disproportionate development - nearly a thousand, characterless new homes built without improvement to infrastructure and services over the past ten years. This development will further reduce the quality of life for residents who've had years of construction traffic, disruption, noise and pollution as a result. • At the moment, there are two developments being built next to our estate, one by Barratts and one by Avant, presenting extra noise in the area, lots of dust, and an additional volume of traffic. There are currently several lorries parked on Craignethan Drive every day which local residents must overtake in one go on a very busy road. I suspect this will only increase with approval given to a third development. I also suspect there will be damage caused to existing roads due to the type of vehicles currently using them. Response: There will always be an impact due to construction activity including associated noise etc. However, the onus is on the developer to keep disruption to a minimum and issues of noise and other forms of pollution are covered by separate Environmental Health legislation. 7.6 Road safety and parking provision • Existing parking within the area becoming an increased issue including the volume of traffic travelling in and out the area. • The roads around the proposed site are already poorly designed and maintained: junctions have poor sightlines which will be worsened by the development; road markings are ill-thought out and not maintained; again this development will still worsen the situation for residents by further increasing road traffic in the area, where another serious RTC occurred on Friday 4th October. • The planned road (listed as Road 1 on planning application site layout plan) will cause dangerous implications for people entering and leaving the estate given its close proximity to the entrance / exit access that leads onto a very busy roundabout. Page 49 of 78
Page 50
• 37 Car park spaces is not enough for 25 flats given that if 2 adults live in each flat then 50 car park spaces should be on offer. • Increased risk to children already playing out in the Queen's Gait estate due to potential of increased traffic, this estate is already having issues due to not being a traffic calmed area. • Over development of surrounding area with developers building in immediate neighbouring areas will see a huge increase in heavy large vehicle which have caused already visible issues. Response: considering this development NLC Infrastructure and Transportation was consulted and expressed no objection to the development and made recommendations which the applicant subsequently complied with 7.7 Green space and trees • Removal of further green space within the Glenboig area having an increased impact on the wildlife within the area. • Negative impact on nature reserve area only 200ft from proposed site with hugely increased footfall and building. • Nature area where sight could go have woodland trees and deer- feel council is leaving very limited green area, nature reserve area is less than 200 feet away from area, don’t feel high density population should be on the doorstep on local nature. • In terms of the tree situation in the area, are they proposing to knock down all of the trees in the area to build their homes. If so, that will cause severe inconvenience for the owners of Queens Gait and the surrounding area, not forgetting the wildlife in this area. It will be recommended that in line with current policy. Response: The development footprint requires the removal of trees that have been recorded in the applicant’s tree survey. These trees while not protected provided a level of amenity and it is therefore recommended that in line with current planning policy additional trees are included in the compensatory landscape scheme. While the impact on the nature reserve is not likely to be significant by virtue of existing green space fragmentation none the less it is recommended that submitted ecology surveys are submitted prior to commencement. 7.8 Planning Procedure • Before any/all building works commenced in Glenboig a consultation took place in the life centre advising of the addition of the road into Glenboig and new housing developments. As part of this consultation there was the 'caveat' investment would be placed back into the local area, for example, local/larger shop, investment into and improving the nature reserves for local wildlife that would be displaced, and overall improved infrastructure, nothing around this 'investment' has been seen as of yet apart from the inclusion of the road entering Glenboig. Response: While it is appreciated that consultation on the Community Growth Area would have been wide ranging at the initial concept meetings it should be noted, that accepted, the purpose of this application is to determine the detail of the approval in principle and therefore has no remit to revisit the wider concepts considered in the principle application. There is a permission for additional local shops which has still to be built (this is for the market to determine) and the council is now looking at options for the new primary school. • no information if social housing is part of planning. Response: No social housing is proposed with this application. • I have not been contacted or consulted about this planning application. My house is located @ 9 Sussex Grove, Glenboig ML5 2TR. Page 50 of 78
Page 51
Response: The above address lies out with the statutory notification distance, notwithstanding the press advert has enabled a wider catchment of comments including the above address. • Why has work already begun on the land when a decision has not yet been made. Groundwork had started on Monday 16th September. currently being flattened when the closing date for consideration is 7th October 2024. Response: The site is the temporary site sales office and parking for an adjacent housing development and was approved under permission 24/01033/FUL 7.9 Existing infrastructure • High pressure gas pipe running nearby should prevent development occurring on this site. Response: Following consultation with Scotland Gas Networks and the health and Safety Executive it was determined that the High-Pressure Gas pipeline location and wayleave do not present a constraint on the development. • Poor provision of local amenities, 1 local small shop, doctors and pharmacy as well as poor bus services. Village is being heavily developed with huge number of housing added with very little investment and enhancement to local facilities e.g. schools, shops, parking, litter bins, road conditions and preservation of nature’s areas. • The local schools are already over-capacity, again due to the council's belligerent approval of housing without regard to facilities and infrastructure, and this would be worsened still by the approval of another development of homes. • Where is the retail / convenience shops (Co-Op / Lidl / Aldi / Tesco etc) that an area with the residency that Glenboig now has? Will the primary school be able to cope with the influx of children, will the doctor's surgery be able to cope with the influx of patients, will the road infrastructure cope with the volume of traffic. • Despite the huge increase in residences approved by the council, the main road to Coatbridge (to supermarkets, the health centre, dentistry services, library etc.) remains constrained by a low- bridge (which prevents Scottish Fire and Rescue Services from attending via the most direct route), limits bus provision and regularly floods - again, the council's refusal to insist upon an improvement to infrastructure and services from developers has turned Glenboig into nothing more than a dormitory. Response: The application considers a residential development of 25 units and overall while there may be scope to provide additional amenities this would have been considered at the principle stage covering the entire Community Growth Area with Matters Specified in Condition being the purpose of this application. As indicated above permission has been granted for additional shops opposite the Glenboig Life Centre and that will be for the marked to deliver • School is not large enough to deal with current increase in building works already taking place, yet more houses will again compound on this situation. Page 51 of 78
Page 52
Response: The impact on NLC Education’s infrastructure was considered at the principal application stage where it was determined that a commuted sum was appropriate in mitigating impact on public infrastructure. This is set out below in the body of the report. Options for the new primary school are now being considered • Supposed building works were to take place at backroads from Gartcosh to improve access to the school removing traffic congestion through Glenboig, this has not happened. Response: Road’s infrastructure was considered as part of the wider Community Growth area of which this site forms part. This infrastructure is not considered in isolation to a single application but overall, at the principle stage of planning. • Residents of the Queen's Gaits estate previously advised that no building work would take place at this area as it was to be a preserved green space. Response: The application for the community Growth Area which included this site was approved in principle prior to the construction of Queens Gait. It is therefore incorrect to advise that the site was intended as open space. • The developer has previously prepared ground for building works opposite from their current application, and no work ever took place. This left the ground in deplorable condition which is no doubt attracting vermin to the area possibly affecting houses around that site. Response: The site opposite was approved for 13 dwellings however due the presence of the high- pressure gas pipeline within the site the development stalled. The applicant now has an amended planning permission for that site which allows the construction of a flatted development which we assume will be implemented. • Lack of public transport in the area, bus routes to major town/city not evident, Train station routes have changed to a detriment. e.g. direct service to Edinburgh has been removed. Response: The purpose of this application is to consider Matters specified at the principle stage. The position of the site in detail is fixed and therefore the additional introduction of an improved level of sustainability in terms of movement is limited. Sustainable travel includes travel by the top three modes in the sustainable travel hierarchy. It is recognised that in some locations, particularly in this case where the site is fixed by virtue of the designated Community Growth Development, where the top three modes have been considered for day-to-day travel, low emissions vehicles and shared transport options will also play an important role. 7.10 Non-material The following comments are considered nonmaterial for planning assessment. • Council tax reinvestment is lowest in North Lanarkshire, not invested in locals at all. • Are the company of an acceptable standard for North Lanarkshire Council to allow to build in the local authority area? Please check their website for proof of my assertion. For example, they are still advertising for Queens Gardens (the area they walked away from).I believe this company have not thought through their plans thoroughly enough and given their previous performance in building homes across the road from Queens Gait, should result in refusal of their planning application. The builder had previously taken on land across the road which was started, not finished and has been abandoned for at least 2 years now. Callanish Homes (Glenboig) Ltd - left 2 build sites as an eyesore for circa 2 years (Avant Homes recently purchased one site and have started ground works which will lead to the building of their proposed site Craignethan Gate). How can this builder be granted planning permission given their last attempts to build? Page 52 of 78
Page 53
7.11 In support A Resident has expressed support the building of new properties in Glenboig. 8. Planning Assessment 8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 states that planning applications are to be determined in accordance with the Development Plan unless other material considerations indicate otherwise. Upon its adoption on the 13th of February 2023, National Planning Framework 4 (NPF4) became part of the statutory ‘Development Plan’. As a result, the Development Plan in respect of this site now comprises NPF4 (2023) and The North Lanarkshire Local Development Plan (adopted 2022) On 8th February 2023, the Chief Planner for Scotland published Transitionary Arrangements Guidance which set out further details regarding how NPF4 should be applied. This confirmed that adopted Local Development Plans will continue to be part of the development plan. In circumstances such as North Lanarkshire’s, where the Local Development Plan has been adopted prior to publication of NPF4, legislation states that in the event of any incompatibility between a provision of NPF4 and a provision of an LDP, whichever of them is the later in date is to prevail. Accordingly, the proposed development requires to be assessed against the provisions and policies of both NPF4 and The North Lanarkshire Local Development Plan. National Planning Framework 4 (NPF4) 8.2 In terms of National Planning Framework 4 (NPF4), there are number of policies that affect the proposal, with the most notable ones being policy 3 Biodiversity, policy 6 Forestry, Woodland and Trees, policy 13 - Sustainable Transport, Policy 14 - Design, Quality and Place and Policy 16 - Quality Homes. These policies are imparted and disseminated to a significant extent within the NLLDP policies listed below. 8.3 Policy 3 Proposals for local development will include appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance. Measures should be proportionate to the nature and scale of development. 8.4 Policy 6 is intended to protect and expand forests, woodland and trees. Woodland and trees on development sites should be sustainably managed. 8.5 Taking policies 3 and 6 together a preliminary Ecological appraisal and tree survey was undertaken by the applicant. Members should be aware that all trees and hedges within the proposed site boundary will be removed to enable construction. 8.6 The loss of habitats (including trees and hedges) has been previously considered within the Glenboig Masterplan PPiP. Agreed mitigation and compensation included a significant area of new native woodland planting (not yet fully undertaken) as part of extensions to Gartcosh Nature Reserve is proposed in the masterplan. 8.7 Considering potential damage to trees on the site boundary during the construction phase of the development of relevance is the presence of the neighbouring Group G5 at the eastern boundary (see report Preliminary Ecological Appraisal & Tree Survey Heritage Ecological Limited March 2024). Group G5 comprises planted grey alder Alnus incana, Italian alder Alnus cordata and goat willow. The group are out with the red line boundary, but some minor overhanging of limbs occurs. Stems are c 1 m at closest to the post and wire fence delineating the site boundary. A planning condition recommending tree protection measures is therefore recommended. 8.8 Turning to the potential presence of protected species all four trees which provide suitable features for roosting bats will be lost to the development. It is therefore recommended that further survey is undertaken to identify any requirements for avoidance, mitigation and /or compensation measures and to ensure legal compliance. 8.9 Potential bat roost features have been identified in four trees (Tree Tag 444) that will be felled under the Project. Therefore, prior to works, further climbing survey by licensed bat surveyors is recommended in order to determine presence/absence of roosts, and determine the requirement for Page 53 of 78
Page 54
avoidance, mitigation or compensation measures. This is recommended as a suitable subject for planning condition. 8.10 No evidence to indicate the presence of European otter, pine marten, badger and/or water vole was recorded from the study area. The study site is considered to be of Negligible Value for European otter, pine marten, badger and water vole. No potential impacts on reptiles are predicted as a result of the Project. No avoidance, mitigation or compensation measures are required for this group as part of the proposed Project. 8.11 A planning Condition requiring mitigation measures set out in section 5.5 Preliminary Ecological Appraisal & Tree Survey Heritage Ecological Limited March 2024) to be carried forward. 8.12 Policy 14 states that development proposals should be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. Proposals will be supported if the development is consistent with the six qualities of successful places as set out in Appendix D of NPF4, namely: - Healthy, Pleasant, Connected, Distinctive, Sustainable and Adaptable. It is considered that the proposal is consistent with the qualities and is of acceptable design and therefore considered to comply with this policy. 8.13 Policy 16 supports developments for new homes on land allocated for housing in the LDP. This is an amendment to an approval within an allocated site for a proposed development of 25 flatted units as such meets the terms of this policy in contributing to the Council's stated ambition to reach its target for housing within the area. It will not have a significantly detrimental impact on the area and is compliant with the general principles of this policy. 8.14 In considering parking levels NPF4 Sustainable Transport Policy 13 Sustainable travel includes travel by the top three modes in the sustainable travel hierarchy. It is recognised that in some locations, particularly in rural areas, where the top three modes have been judged as unfeasible for day-to-day travel, low emissions vehicles and shared transport options will play an important role. In this instance the approval of the Community Growth Area preceded the National Planning Framework and as such the location of the subsequent application sites would have considered sustainability in both the evolution of design statements and concept underpinning the community growth area and considered the level of sustainable travel acceptable. The North Lanarkshire Local Development Plan 8.15 The North Lanarkshire Local Development Plan (NLLDP) designates the site under Policy Prom Loc3 Housing Development sites. As such is promoted in the Plan to be brought forward through consideration of applications for planning permission and/or in accordance with the Action Programme. The principle of residential development is therefore established for this site. 8.16 The above NPF 4 policies are embedded in the adopted NLLDP and, in particular, Design Policies EDQ 1 and EDQ 3 on design are discussed below. 8.17 EDQ 3 (Quality of Development) which consider a range of potential impact criteria such as design, materials, and road safety and so forth. The overall provision is that proposals must integrate successfully with the surrounding area by avoiding harm to the neighbouring amenity. 8.18 It is considered that the proposed development is suitable for this location as it is utilising a site that has previously been approved in principle. 8.19 EDQ 3 POLICY Quality of Development Development will only be permitted where high standards of site planning and sustainable design are achieved. Planning Applications will need to demonstrate that the proposed development takes account of the site appraisal carried out as a requirement of Policies EDQ1 and, if appropriate, EDQ2, assets protected under Policy PROT, any evaluation of design options, and achieves a high-quality development in terms of the following. 8.20 The application proposal achieves an acceptable form and design taking cognisance of the surrounding dwellings, landform, and edge of urban location. Following the submission of the initial Page 54 of 78
Page 55
design changes were accepted on elevational detail, massing and finishing materials taking cognisance of the adjacent site and wider surrounding area. The revised design was deemed appropriate. 8.21 In turning to designing streets reflected in NPF4 policy 14 Design Quality and place of the six qualities distinctive is significant in this case as street design should respond to local context to deliver places that are distinctive. 8.22 This policy is similar in content to the Local Development plan Policy EDQ 3 POLICY Quality of Development, as such, without repeating the points above the proposal achieves an appropriate form and design taking cognisance of the surrounding topography, dwellings within the community growth area, landform, and evolving edge of urban location at a newly formed junction arrangement (Roundabout). As with many existing residential areas character or distinctiveness is derived by having a mixture of dwelling heights and styles. This is evident in considering the wider Glenboig area. 8.23 Environmental and Design Qualities EDQ Development will only be permitted where high standards of site planning and sustainable design are achieved. Planning Applications will need to demonstrate that the proposed development takes account of the site appraisal carried out as a requirement of Policies EDQ 1 and, if appropriate, EDQ 2, assets protected under Policy PROT, any evaluation of design options, and achieves a high-quality development in terms of: a. Establishing a clear vision for the site with design principles which lead to the creation of a distinct, successful place addressing siting; overall layout; density; form; scale; height; massing; proportion; detailing; colour; materials. The proposed development is considered to comply with the requirements of Policies EDQ 1 & 3 with design principles which lead to the creation of a distinct, successful place having made amendments to bring the design within the bounds of acceptability in terms of : siting; overall layout; density; form; scale; height; massing; proportion; detailing; colour; materials. It is therefore reasonable to take the view that the development complies with this policy. b. Providing a safe, pleasant, inclusive, convenient and welcoming development. The supporting drawing demonstrates that the building position will not result in a significant impact in terms of daylight and shadowing to the surrounding dwellings by virtue of distance and topography. In terms of orientation the wider context of the residential area this is accepted. With respect to the streetscape on the principle elevation demonstrates an acceptable variation of materials and elevational detail which is consistent with approved development within the wider community growth area. c. Moving towards a low-carbon economy, addressing, resource efficiency, Mitigation of and Adaptation for the effects of Climate Change energy and waste issues in order to create a sustainable development with a low ecological footprint. The proposals include a communal heat pump. In accordance with current building standards and in the interest of energy efficiency, the development will be capable of providing a variety of means to limit CO2 emissions in line with the current building regulations. d. Mitigating any likely air quality, noise, or pollution impacts particularly in or adjacent to Air Quality or Noise Management Areas. In some circumstances, mitigation may not always be possible, and avoidance may be required. NLC Protective services provided comment on the submitted noise impact assessment the results of which will be carried forward as outlined under the heading noise above in this report by planning condition. e. Ensuring that water body status is protected and, where possible, enhanced. SPG 09 (Flooding & Drainage) requires that applicable developments demonstrate any risk and means for mitigation of flooding and detail the measures for treatment of surface water through the use of SUDS principles. A drainage Assessment has been undertaken in accordance with the Page 55 of 78
Page 56
standing advice and requirements of the Scottish Environment Protection Agency (SEPA), National Planning Framework 4, North Lanarkshire Council’s planning guidance and Sewer for Scotland 4th Edition. In considering flood risk potential for surface water reference to the SEPA Flood Map indicates the potential for local surface water flooding on part of the site. Any development of this site will incorporate suitable drainage to mitigate against any slight risk of flooding that currently exists. The proposal will not therefore increase the risk of surface water flooding to others, or within the site as the redevelopment of the site should resolve this matter. It is recommended that the decision includes conditions requiring surface water is treated within a sustainable urban drainage system. f. Adequate provision has been made for the development and maintenance of landscaped areas and, and for linking to and enhancing open spaces and green networks. The applicant has submitted drawings demonstrating indicative landscape areas, However, a condition is recommended on the final detail if members are minded to approve. g. Historic Environmental interest or Resources, protected under the terms of the Protect Assets Policies are not relevant to this application. 8.24 It is considered that the proposed buildings have been adequately designed in terms of siting, massing and finishing materials to an acceptable standard, as such, it is considered that the proposal therefore complies with policies EDQ 1 and 3. It is also considered that the proposal by virtue of location will not result in significant loss of residential amenity by virtue of location, and accordingly the proposal is consistent with Policy EDQ3. 8.25 CI POLICY Contributions to Infrastructure North Lanarkshire Council will seek to secure developer contributions for new developments that, individually or cumulatively, generate a requirement for new or enhanced infrastructure or services, covering Affordable Housing in Cumbernauld Housing Sub-Market Area, and Education, Transport and Green Network Infrastructure, Amenity Space and Play across North Lanarkshire (see also below). 8.26 Contributions to Infrastructure Policy Categories POLICY CI 1 Category Green Infrastructure, Amenity Space and Play The impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. In this instance, the application forms detailed elements of the planning permission in principle. A legal agreement S75 is already in place (secured at planning permission in principle stage) and each unit will be subject to index linked contribution of £5,340 towards education provision and £2,622 towards roads infrastructure (the roads figure has been reduced in accordance with the provisions of the agreement in relation to funding for the link road). These contributions will be rolled-out across all 3000 units within the Community Growth Area. In terms of affordable housing, it should be noted that this policy does not apply to the Glenboig area. In lieu of on-site play provision the applicant is required by a Section 75 Legal Agreement (again secured at the planning permission in principle stage) to make a financial contribution to the Council for the upgrading and maintenance of the Glenboig village park play area. This is acceptable to Play Services and accords with the Strategic Development Framework. Taking the above matters into account, it is considered that the proposed development accords with POLICY CI 1 Category Green Infrastructure, Amenity Space and Play 8.27 Supplementary planning guidance states: Medium Developments (30 to 99 dwellings) Total minimum play space 1,500 square meters with at least 500 square meters to be equipped play space. Given the number of flats proposed this development falls below that threshold. Page 56 of 78
Page 57
8.28 Other material considerations There are no material considerations that would merit refusal of this application. 9. Conclusions 9.1 Taking the above assessment into account it is considered that the detailed design and layout of the proposal, as amended, represents an acceptable development in complying with both national and local policy as well as, supplementary planning guidance relating to the (CGA) by way of a Strategic Development Framework (SDF). It is considered that the development accords with the provisions of the adopted North Lanarkshire Local Development Plan. The proposed development is considered to be acceptable in terms of its impact upon the site and the surrounding residential area. The development would utilise the existing infrastructure, facilities, road network and provides pedestrian access throughout the site. In addition, it is considered that the proposed development would not result in an unacceptable impact on environmental assets. The development is of an accepted design and complies with the terms of the policies of the North Lanarkshire Local Development Plan in that the development does not result in the significant loss of amenity or significant issues in terms of loss of sunlight or privacy to neighbouring dwellings. The proposed development of the site does not unduly impact on the surrounds, coupled with a scheme of conditioned landscaping would contribute to the wider area. The application has been satisfactorily progressed to the position where outstanding and final detail can be confirmed via conditions. The proposed development meets the criteria set out in NPF4 National Planning Framework and the development policies contained within the North Lanarkshire Local Development Plan. There are no material considerations that would merit refusal of this application. Accordingly, it is recommended that planning permission be granted subject to conditions. Page 57 of 78
Page 58
Application No: 25/00297/S42 Proposed Development: Section 42 to vary condition 1 (drawings approved) and condition 9 (road and transportation measures) of planning permission 22/00413/FUL for development of 5 units suitable for Class 5 and 6 Use with ancillary Class 4 Use, earthworks, landscape works, access and associated development. Site Address: Land At Woodside Eurocentral Holytown Date Registered: 3rd April 2025 Applicant: Lumonics Developments LLP Lumonics House Valley Drive Swift Valley Industrial Estate Rugby CV21 1TQ Agent: Ironside Farrar 111 McDonald Road Edinburgh EH7 4NW Application Level: Major Application Contrary to Development Plan: No Ward: 16 Mossend and Holytown Jim Reddin, Beth Baudo, Helena Gray, Representations: 1 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: Given the minor nature of the changes proposed by the Section 42 application the proposal is considered to accord with the development plan and that of the requirements of the relevant placemaking policies. The development represents a significant investment within North Lanarkshire Council and will activate a large area of Eurocentral into productive use. In light of the site attributes, it is considered that the development can be accommodated without detriment to the surrounding area. Page 58 of 78
Page 59
Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396. Planning Application: 25/00297/S42 Name (of applicant): Lumonics Developments LLP Site Address: Land At Woodside Eurocentral Holytown North Lanarkshire Development: Section 42 to vary condition 1 (drawings approved) and condition 9 (road and transportation measures) of planning permission 22/00413/FUL for development of 5 units suitable for Class 5 and 6 Use with ancillary Class 4 Use, earthworks, landscape works, access and associated development. Page 59 of 78
Page 60
Proposed Conditions:- 1. That as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing no’s: 19099 P0001 A, 19099 P0002 H, 19099 P0003 D, 19099 P0004 C, 19099 P0005 C, 19099 P0006 C, 19099 P0007 C, 19099 P0008 D, 19099 P0009 A, 19099 P0010 A, 19099 P0011 A, 19099 P0012 A, 19099 P0013 D, 19099 P0014 A, 19099 P0015 A, 19099 P0016 A, 19099 P0017 A, 19099 P0018 B, 19099 P0019 A, 19099 P0020 A, 19099 P0021 A, 19099 P0022 A, 19099 P0023 A, 19099 P0024 A, 19099 P0025 A, 19099 P0026 A, 19099 P0027 A, 19099 P0028 C, 19099 P0029 C, 19099 P0030 C, 19099 P0031 C, 19099 P0032 C, 19099 P0033 C, 19099 P0034 C, 19099 P0035 B, 19099 P0036 C, 19099 P0037 C, P0038 C, P0039 D, P0040 D, P0041 D, P0042 D, 19099 P0043 B, 19099 P0044 B, 19099 P0045 B, 19099 P0046 B, 19099 P0047 B, 19099 P0048 B, 19099 P0049 B, 19099 P0050 B, 19099 P0051 B, 19099 P0054 D, 50863 27-002-P10, 50863 27-003-P09, 50863 33-07-P10, 50863- 33-008 P02, 50863 33-09-P10, 50863-33-010, 50863-33-011, 50863-48-003-P01, 50863-53-001 P01, 64019-IFL-ZZ-XX-DR-P-00-001 Rev S4-P04, 64019-IFL-ZZ-XX-DR-P-00-002 Rev S4-P04, 64019-IFL- ZZ-XX-DR-P-00-003 Rev S4-P04, 64019-IFL-ZZ-XX-DR-P-00-004 Rev S4-P04, 64019-IFL-ZZ-XX- DR-P-00-005 Rev S4-P04, 50863-41-001-P05, 50863-41-002-P05, 50863-41-003-P05, 50863-44- 002-P07, 50863-44-003-P07 Reason: As these drawings represent the development hereby permitted 2. That the finishing materials for the building shall be as described on the relevant elevation drawings and design statement, unless otherwise agreed in writing by the Planning Authority. Reason: In the interests of the visual amenity of the site and surrounding area, and to enable the Planning Authority to consider these aspects in detail 3. That unless otherwise agreed in writing, within 16 weeks of the date that planning permission is hereby granted full updated details of the scheme of landscaping as outlined in drawings shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) confirmation of the scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) confirmation of the existing trees and hedgerows to be retained, and measures for their protection in the course of development; (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site; (e) updated details of the Planting Plan, Planting Schedule, Tree Protection Plan and Tree Works where these differ from those previously submitted. Reason: To ensure the provision of suitable planting in the interests of the amenity of the site. 4. That the landscaping as approved under condition 3 above shall be implemented in accordance with the timetable to be submitted for the written approval of the Planning Authority. Furthermore, the landscaping shall be maintained in accordance with a maintenance schedule to be submitted for the written approval of the Planning Authority prior to commencement of work on site. Reason: To ensure the provision of suitable planting in the interests of the amenity of the site and its future maintenance. 5. That unless otherwise agreed in writing, within 16 weeks of the date that planning permission is hereby granted, confirmation of proposed boundary fencing shall be submitted for the written approval of the Planning Authority and the said boundary fencing shall be implemented to the satisfaction of Planning Authority prior to the occupation of the approved development. In addition, the applicant shall submit further details of fencing measures and confirm final location of both proposed fencing and of bird and bat boxes to the planning authority for written approval to allow further opportunities for movement of wildlife species to augment those measures already submitted. Page 60 of 78
Page 61
Reason: To enable the Planning Authority to consider these aspects in detail in the interests of health and safety and as mitigation for loss of existing wildlife habitat. 6. That as more than one year has elapsed since the date of the Ecological Assessment (EA) dated 31st March 2022 by Ecos Countryside Services LLP and subsequent Addendum report (26th May 2022), an updated EA shall first be submitted to, and approved in writing by the Planning Authority. Should this further survey identify evidence of protected species within the site and require any mitigation measures, these measures shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with North Lanarkshire Greenspace Development and NatureScot if required by legislation prior to works commencing on the site. Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007. 7. That the surface water drainage scheme as described in report titled Orchard Park Drainage Strategy (Ironside Farrar March 2022) shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant ClRlA Manual and the approved plans. Reason: To safeguard adjacent watercourses and groundwater from pollution. 8. That PRIOR to the occupation of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements as outlined in the Scottish Water consultation response dated 8th March 2022 can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development. Reason: To ensure the provision of satisfactory drainage arrangements. 9. That unless otherwise agreed in writing, prior to the occupation of any building hereby permitted, the applicant shall implement the following necessary road and transportation measures for the approval of the planning authority. a) A crossing assessment on Townhead Avenue to determine whether the introduction of additional crossing facilities are necessary. b) A Travel Plan with SMART objectives for the travel plan providing information packs, car share spaces and how non-motorised users can be encouraged to use the facilities. c) Those measures proposed in the Transport Assessment dated 30th March 2022 by consultants SWECO as subsequently updated by Transport Assessment (Addendum Report) dated 10th August 2022 and the relevant transportation drawings mentioned at condition 1 above. d) Secured and covered cycle parking and electric vehicle charging points (with ducting for additional spaces shall be as previously discussed with the Council's Roads and Transportation service and shall be subject to written approval by the Planning Authority. Reason: To ensure satisfactory access, circulation and parking arrangements for the site in the interests of vehicular and pedestrian safety and to comply with necessary Scottish Government planning and transportation guidance. 10. That unless otherwise agreed in writing by the Planning Authority, before commencement of development, details of the finishing materials for the development's road, parking bays and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority. Reason: In the interests of the visual amenity of the site. 11. That the recommendations from the submitted ground investigation report (Rev A) (Ironside Farrar 6th June 2022) shall be implemented including where unacceptable risk or risks have been identified in terms of ground stability, gas penetration or other matters and shall include a detailed remediation strategy for the risks identified as part of the above report. The remediation strategy report shall be subject to peer review and subject to written approval by the Planning Authority. Page 61 of 78
Page 62
Reason: To ensure the ground is suitable for the proposed development. 12. That unless otherwise agreed in writing, the noise associated with the fixed plant shall not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of LAeq 73dB or NB 68 at 3m from all external plant areas between 07.00 hours and 23.00 hours and N.R.C. 25 at all other times. The arrangements for each plant unit should be confirmed in writing for approval by the Planning Authority. Reason: To ensure that the noise associated with the development will be within acceptable limits. 13. That prior to the commencement of development, a Construction Management Plan to address potential dust or other potentially adverse impacts on the local environment during the construction phase shall be submitted to and approved in writing by the Planning Authority and thereafter implemented in accordance with the details approved under the terms of this condition. Reason: To ensure the local environment is suitably protected from dust during the construction phase. 14. That unless otherwise agreed in writing all identified remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, and as described at Section 8.2 of the Phase 1 Coal Mining Risk Assessment prepared by Ironside Farrar and dated March 2022 shall be implemented on site in full to the satisfaction of the Planning Authority. Furthermore, the remedial works shall be carried out in accordance with authoritative UK guidance. Reason: To ensure the site is safe and stable for the proposed development. 15. Unless otherwise agreed in writing and prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Planning Authority for approval in writing. This document shall confirm the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity. Reason: To ensure the site is safe and stable for the proposed development. Page 62 of 78
Page 63
Background Papers: Consultation Responses: NLC Infrastructure & Transportation NLC Protective Services Coal Mining Remediation Authority Scottish Gas Network Network Rail Contact Information: Any person wishing to inspect these documents should contact Edward McLennaghan at planningenquiry@northlan.gov.uk Report Date: 29 May 2025 Page 63 of 78
Page 64
APPLICATION NO. 25/00297/S42 REPORT 1. Site Description 1.1 The application site is located at the most north-western section of the Eurocentral Industrial and Business Park and is 17.1 hectares in area. The site is bound to the north and west respectively by the M8 motorway and the main north-south Motherwell to Coatbridge railway line. To the east and south are existing parcel and freight distribution facilities. To the immediate southeast and partially within the proposed development site is a section of a Site of Importance for Nature Conservation (SINC) The proposed development site extends over a length of 770m north to south and on average 150-200m from east to west. An existing road network formed as part of the original Eurocentral planning permission granted in 1992 includes an access road extending along Woodside Road to the eastern edge of the application site and is currently used by neighbouring businesses. The access road up to the site rises and the site plateaus at the end of Woodside Road but slopes both east to west and more generally north to south. The site currently consists of grassland fields with woodland along the eastern boundary. 2. Proposed Development 2.1 Section 42 permission is sought to vary condition 1 (drawings approved) of planning approval 22/00413/FUL which will alter the approved layout moving Unit 1a slightly south and further east and locating its footprint on roughly the area where its service yard was previously approved and flipping the service yard to the west of the building. The proposed changes will also result in changes to the access and parking arrangements of units 1b and 2. The reason for seeking the changes is to limit the amount of unit 1a sitting on filled ground as part of the associated earthworks. A further change is sought to the wording of condition 9 which relates to necessary road and transportation measures to be implemented by inserting clarity within the condition on the timings of the measures to be implemented as the previous condition was silent on this matter. The proposed condition would now advise when the proposed road and transportation measures had to be carried out and this would be ‘prior to the occupation of any building hereby permitted’. The proposed wording for the condition would now be: 9. That unless otherwise agreed in writing, prior to the occupation of any building hereby permitted, the applicant shall implement the following necessary road and transportation measures for the approval of the planning authority. a) A crossing assessment on Townhead Avenue to determine whether the introduction of additional crossing facilities are necessary. b) A Travel Plan with SMART objectives for the travel plan providing information packs, car share spaces and how non-motorised users can be encouraged to use the facilities. c) Those measures proposed in the Transport Assessment dated 30th March 2022 by consultants SWECO as subsequently updated by Transport Assessment (Addendum Report) dated 10th August 2022 and the relevant transportation drawings mentioned at condition 1 above. d) Secured and covered cycle parking and electric vehicle charging points (with ducting for additional spaces shall be as previously discussed with the Council's Roads and Transportation service and shall be subject to written approval by the Planning Authority. 2.2 For clarity no changes are proposed to the design which encompasses five large warehouse buildings with associated circulation roads, freight, employee and visitor parking, office space (5%), landscaping and other associated infrastructure. The buildings would comprise a total internal warehouse floorspace of 31,156 sqm with 1639 sqm associated office space. There would be 37 HGV loading docks overall for freight delivery/distribution and parking provision for 450 cars (including disability provision) across the five units. This shall include a significant level of electric vehicle charging points. Planning use classes 5 and 6 are defined as General Industrial and Storage and Distribution respectively. Use class 4 in this instance refers to ancillary/supporting office accommodation. 2.3 The proposed buildings are rectangular in shape and vary in height from 14m for the lowest building up to 18m at the apex of the roof ridge of the tallest. Roofs are not flat but have a gradual incline. The height and design of the warehouses are appropriate for a location such as the Eurocentral business park. The facility is proposed to be operated 24 hours per day and 7 days per week. The applicants Page 64 of 78
Page 65
specialise in provision of distribution facilities and the application is speculative for use by future occupiers. 2.4 As a result of the development proposal woodland will be removed from 0.97ha of the Site of Importance for Nature Conservation’s overall 5.67 ha – a loss of 17%. A landscape strategy for the overall site proposes amenity grassland and wildflower grass meadow planting, individual trees and larger copse areas of mixed native woodland. The matter of loss and proposed mitigation is discussed further in the consultation responses section of this report below. 3. Applicant’s Supporting Information 3.1 In support of the application the applicant has provided the following information: - Updated drawings to show the changes to the proposed siting of Unit 1a and the impact and the associated changes to the access and parking to units 1a, 1b and 2. - Updated Landscape and Planting Plans - Updated Drainage Layout - Updated Roads General Arrangements - Updated visibility splays - Updated Site plan proposed footways 3.2 The applicant has previously provided the following information in relation to application 22/00413/FUL which is the subject of this S42 Application: - Planning Statement - Design and Access Statement - Drainage Strategy - Ecological Impact Assessment and Addendum - Supplementary Ecological Statement (SINC) - Orchard Park Tree Report - Phase 1 Coal Mining Risk Assessment - Transport Assessment and Addendum - Air Quality Impact Assessment - Noise Impact Assessment - Archaeological Desk Based Assessment - Ground Investigation Report - Socio Economic Statement 4. Site History 4.1 The most relevant site history is application 22/00413/FUL for the development of 5 units suitable for class 5 and 6 use with ancillary class 4 use, earthworks, landscape works, access and associated development approved with conditions on 7 October 2022. 5. Development Plan 5.1 The Development Plan consists of the North Lanarkshire Local Development Plan and the National Planning Framework 4 (NPF 4). NPF 4 was adopted by the Scottish Parliament in February 2023 and prevails over any policies in the Local Development Plan that are incompatible with its aims and objectives. Given the nature and scale of this development, the most relevant considerations are already enshrined in the North Lanarkshire Local Development Plan policies. The policies within NPF4 that are relevant to the application are: Policy 1 Tackling the climate and nature crises Policy 2 Climate mitigation and adaptation Policy 3 Biodiversity Policy 4 Natural Places Policy 6 Forestry, woodland and trees Policy 12 Zero Waste Policy 13 Sustainable Transport Policy 14 Design, quality and place Policy 22 Flood risk and water management Policy 23 Health and safety Policy 26 Business and industry Page 65 of 78
Page 66
North Lanarkshire Local Development Plan 2022 PROM LOC2 Business Development Sites – Existing Business Site (NLS00406) PP 2A Policy Purpose of Place AD 2A Policy Amount of Development PROT A Policy Natural Environment and Green Network Assets Category A3 Local Sites - Site of Importance for Nature Conservation (SINC) Category A5 Protected Species EDQ 1 (Site Appraisal) EDQ 2 (Specific Features for Consideration) EDQ 3 (Quality of Development) 6. Consultations 6.1 NLC Infrastructure and Transportation have confirmed that all matters relating to the proposed changes to the road and access arrangements affected by the proposed changes to the position of Unit 1a have been satisfactorily addressed by the submission of additional details and drawings. 6.2 NLC Protective Services has no comments to make in relation to the variation of conditions 1 and 9 of planning permission 22/00413/FUL. 6.3 Coal Mining Remediation Authority has confirmed that it has no comments to make provided that the previously imposed planning conditions 14 and 15 of planning consent 22/00413/FUL be re- imposed. As per the previous planning consent these conditions are imposed again. 6.4 Scottish Gas Networks confirm that they have no objection to the proposed development subsequent to their discussions with the developer. 6.5 Network Rail has no objections in principle to the development but due to its close proximity to the operational railway, they request that an informative be added requesting that all construction works must be undertaken in a safe manner which does not disturb the operation of the neighbouring railway. Applicants must be aware of any embankments and supporting structures which are in close proximity to their development. In addition details of all changes in ground levels, laying of foundations, and operation of mechanical plant in proximity to the rail line must be submitted to Network Rail’s Asset Protection Engineer for approval prior to works commencing on site. These would be attached to any consent. 7. Representations 7.1 Following standard neighbour notification and press advertisement, one representation has been received and raised the following matters: 1. The space should be used for a community park and not more overdevelopment as the space already has enough units. Response: The space is already allocated for Business Development use and has an existing planning consent to develop the site for 5 large warehouse buildings. The development is not considered to constitute an overdevelopment of the site. The floorspace of the proposed units has not been altered. 8. Planning Assessment 8.1 Sections 25(1) (a) and 37(2) of the Town and Country Planning (Scotland) Act 1997 require the proposal to be determined in accordance with the development plan unless material considerations indicate otherwise. The Development Plan is made up of National Planning Framework 4 (NPF4) and the adopted North Lanarkshire Local Development Plan (LDP). In terms of this application, Section 42 of the Town and Country Planning (Scotland) Act 1997 requires to be considered. It allows for the determination of applications to develop land without compliance with conditions previously attached to existing planning consents and although the application primarily seeks to change the wording of conditions, its approval would also have the effect of renewing the consent again. Therefore, it is necessary to consider whether there have been any changes in planning policy since the previous permission was granted that would have a bearing on approval of the application. On this basis the introduction of NPF4 in February 2023 therefore requires to be considered. National Planning Framework 4 Page 66 of 78
Page 67
8.2 NPF4 Policy 1 Tackling the Climate and Nature Crises states that when assessing development proposals, significant weight will be given to tacking these crises and Policy 2 - Climate Mitigation and Adaptation to minimise greenhouse gas emissions and promote energy efficiency and renewable energy. The application site is an identified business site within the LDP. It is therefore considered to be a sustainable site that supports the development plan’s spatial strategy of compact urban growth. It is also strategically located within the existing road network as well as being close to Mossend International Railfreight Park which supports zero carbon logistics. As such can be seen to be compatible with the principles of Policies 1 and 2 of NPF4. 8.3 In terms of the natural environment NPF4 Policy 3 Biodiversity requires major development proposals to conserve, restore and enhance biodiversity; Policy 4 Natural Places requires natural places to be protected and restored and that natural assets are managed in a sustainable way and Policy 6 - Forestry, Woodland and Trees that existing woodland areas are protected and enhanced. These matters will be assessed in terms of the associated policies applicable within the LDP (PROTA, Category A3 and A5) and the site’s history. 8.4 NPF4 Policy 12 Zero Waste seeks to reduce, reuse or recycle materials in line with waste hierarchy. Whilst no detail has been provided on this aspect within the application it is recognised that the site has an existing consent and this application seeks minor changes which would not materially alter the waste generation, resource use, or waste infrastructure implications of the previously consented scheme. Therefore, it is considered that the proposals continue to accord with NPF4 Policy 12. 8.5 NPF 4 Policy 13 Sustainable Transport sets out to encourage, promote and facilitate developments that prioritise sustainable travel. The application site is strategically located close to Junction 7 of the M8 and nearby A725 and A73 which provide easy access to the wider route network. It is also close by to Mossend International Railfreight Park, which supports zero carbon logistics and there are nearby bus stops on McNeil Drive and the CityLink bus stop at Maxim Business Park. NLC Infrastructure & Transportation have no objection to the proposed development. Notwithstanding, the condition for the applicant to implement a Travel Plan with SMART objectives for the development which was part of the previous approval has been attached again. The proposed development is therefore considered to accord with NPF4 Policy 13. 8.6 NPF14 Policy 14 Design, Quality and Place states that development proposals should be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. This matter will be assessed in terms of the associated policies applicable within the LDP (EDQ1-3). 8.7 NPF4 Policy 22 Flood Risk and Water Management supports development that will not increase the risk of surface water flooding to others or itself be at risk and to manage all rain and surface water through Sustainable Urban Drainage Systems (SUDS) whilst minimising impermeable areas. Again, this matter can be assessed in terms of the associated guidance applicable within SPG 09 (Flooding & Drainage) and appropriate conditions are imposed to control this matter. 8.8 NPF4 Policy 23 Health and Safety seeks to protect people and places from environmental harm. Mitigate risks arising from safety hazards and encourage, promote and facilitate development that improves health and well being. NLC Protective Services have no objection to this Section 42 application. Notwithstanding conditions attached to the previous consent to control noise, potentially adverse effects during construction and ground conditions are attached again to ensure that the potential for any environmental harm is controlled. 8.9 NPF 4 Policy 26 Business and Industry advises that business and industry uses on sites allocated for those uses in the LDP will be supported. The application site is a designated business site within the LDP and is therefore in accordance with NPF4 Policy 26. The North Lanarkshire Local Development Plan 8.10 The North Lanarkshire Local Development Plan designates the site under PROM LOC2 Business Development Sites – Existing Business Site (NLS00406) and the Council will support and direct business development to these areas. Purpose of Place Policy PP 2A also applies and this indicates the uses deemed appropriate for this location, with Amount of Development Policy AD 2A, indicating the relevant scales of development and how development proposals will be considered by the Council. These policies specifically promote the development of Class 4 Business, Class 5 General Industrial and Class 6 Storage and Distribution and Policy AD 2A advises that even if the applicant had sought to increase the proposed floor area of the proposed development no assessment of the amount is required for the proposed uses. Page 67 of 78
Page 68
8.11 To the south east and partially within the application site is some woodland. This forms part of a designated Category A3 Local Sites - Site of Importance for Nature Conservation (SINC) which states that 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. 8.12 Further guidance on this assessment is provided within the LDP’s Environmental and Design Policies, EDQ 1 (Site Appraisal), EDQ 2 (Specific Features for Consideration) and EDQ 3 (Quality of Development) In consideration of these, the proposed changes to the approved layout and the proposed development’s previous assessment the following comments can be made: Landscape, Visual Impact and Ecological Impact 8.13 Due to the location, nature of the scale and massing of the proposed buildings it is considered that the proposed development does not raise any significant landscape and visual impact issues. However, it is also necessary to consider the impact on planting and ecology on and adjacent to the site. In terms of ecology Policy PROT A5 indicates 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. SPG 20 (Biodiversity & Development) requires that applicable developments demonstrate any risk and means for mitigation of Protected Species. An ecological appraisal was previously undertaken as part of planning application 22/00413/FUL for the site to determine the existence of suitable habitat for, and evidence of bats, otter, water vole, badger, and great crested newts. Whilst no protected species were recorded, and Greenspace previously accepted the findings of the reports they did advise that these would require to be updated if development had not commenced within one year of the survey date. Given that more than a year has elapsed since the original planning approval a condition for updated survey work is included within the attached conditions accompanying this report should the application be granted consent. Given the site’s allocated policy zoning which promotes the development of Class 4 Business, Class 5 General Industrial and Class 6 Storage and that the applicant’s proposed mitigation plan for the loss of woodland was accepted, the Section 42 planning application is considered acceptable. It would not increase the area of development and the changes are considered minor in relation to the overall development of the site to that, that was previously approved. On this basis the condition to ensure replacement planting is put in place has been attached again. Building Design, Site Layout, and Boundary Treatment 8.14 It is considered that the proposed buildings continue to be sensitively designed in terms of siting, massing and finishing materials and as such, it is considered that the proposal complies with policies EDQ 1-3. Impact on the Road Network 8.15 Transport Scotland raised no objections to the previous proposals in terms of their impact upon the trunk road A8/M8. The Transport Statement previously submitted recommended the compilation of a Travel Plan which actively encouraged and monitored alternative means of work travel including walking, cycling, and greater use of public transport. A condition was previously recommended in this respect, and this condition is attached should planning consent be granted for this Section 42 application. Having consulted with NLC Infrastructure and Transportation they have confirmed that that all matters relating to the proposed changes to the road and access arrangements affected by the proposed changes to the position of Unit 1a have been satisfactorily addressed by the submission of additional details and drawings. Overall, it is considered that the development can be accommodated without detriment to the trunk and local road networks. Flooding and Drainage 8.16 SPG 09 (Flooding & Drainage) requires that developments demonstrate any risk and means for mitigation of flooding and detail the measures for treatment of surface water through the use of SUDS principles. A flood risk assessment was previously undertaken on the site and the findings are contained within the Drainage Strategy Report approved as part of planning application 22/00413/FUL. The assessment carried out concluded that the proposed development can be operated satisfactorily in terms of surface drainage and is compliant with the requirements of national policy and guidance. 8.17 On this basis it is considered that the development as amended by the Section 42 application should Page 68 of 78
Page 69
raise no flooding concerns and conditions are attached to confirm the drainage proposals are installed in accordance with the plans and SUDS principles and that Scottish Water’s requirements for connection are met should the application be granted consent. The proposals are therefore considered to comply with development plan policy in this regard. 9. Conclusions 9.1 In conclusion, it is considered that the proposal accords with the development plan and accords with the requirements of the relevant placemaking policies given the minor nature of the changes proposed by the Section 42 application. The development represents a significant investment within the North Lanarkshire area and should activate a large area of Eurocentral into productive use. In light of the site attributes, it is considered that the development can be accommodated without detriment to the surrounding area. Page 69 of 78
Page 70
Page 70 of 78
Page 71
North Lanarkshire Council Report PLANNING COMMITTEE Does this report require to be approved? ☐ Yes ☒ No Ref Index 1 Date 12/06/25 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 23/00029/PPP Mr Zachary 06/05/2025 Written 60 Holiday Lodges Anthony Williams with Ancillary Bridgehill Farm Manager’s Blairmuckhole and Dwellinghouse Forrestdyke Road and Supporting Harthill Services ML7 5TR (In Principle) 2. Report 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 All priorities Ambition statement All ambition statements Item 3 Page 71 of 78
Page 72
N/A 3. Measures of success N/A 4. Supporting documentation N/A Pamela Humphries Chief Officer (Place) Page 72 of 78
Page 73
5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 73 of 78
Page 74
Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☒ Page 74 of 78
Page 75
North Lanarkshire Council Report PLANNING COMMITTEE Does this report require to be approved? ☐ Yes ☒ No Ref Index 2 Date 12/06/25 NOTICE OF PLANNING AND ENFORCEMENT APPEALS DECISIONS From Pamela Humphries, Chief Officer (Place) E-mail humphries@northlan.gov.uk Telephone 01236 632487 1. Background Background Application No. & Proposal Applicant & Site Appeal Decision & Date Note 24/00951/FUL Mr Jamie Marshall Dismissed Single Storey Shop 169 Earlston Crescent 30/04/2025 (Hot Food Takeaway) Carnbroe Coatbridge ML5 4UJ 2. Report N/A Executive Summary 1. Purpose of Report 1.1 This report is to advise the Committee of the recent decisions in respect of the undernoted planning appeals. Recommendations It is recommended that the Committee note the decision in respect of this appeal. The Plan for North Lanarkshire Priority All priorities Ambition statement All ambition statements Item 4 Page 75 of 78
Page 76
3. Measures of success N/A 4. Supporting documentation N/A Pamela Humphries Chief Officer (Place) Page 76 of 78
Page 77
5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 77 of 78
Page 78
Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☒ Page 78 of 78