Agenda Document Pack - Planning Committee - 29/02/2024
North Lanarkshire Council · 29 February 2024
Back to Planning Committee — 29 February 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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20 February 2024 Members of the Planning Committee Chief Executive’s Office Archie Aitken Chief Officer (Legal & Democratic) Civic Centre, Windmillhill Street, Motherwell ML1 1AB www.northlanarkshire.gov.uk Notice is given that a Meeting of the Planning Committee is to be held in the Council Chamber, Civic Centre, Windmillhill Street, Motherwell, ML1 1AB on Thursday, 29 February 2024 at 10:00 AM which you are requested to attend. The agenda of business is attached. Archie Aitken Chief Officer (Legal & Democratic) Members : Clerk Name: Mark Hamill Clerk Telephone: 07811294702 Clerk Email: hamillm@northlan.gov.uk N Shevlin, G Currie, G Brennan, B Burgess, A Bustard, J Cairns, A Campbell, T Carragher, M Coyle, S Coyle, K Docherty, M Hughes, L Jarvie, T Johnston, J Logue, H Loughran, C McManus, M McPake, J McPhilemy, A McVey, J Reddin, D Robb, G Robinson, A Smith, G Woods. Page 1 of 60
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Agenda 1 Declarations of Interest In Terms of the Ethical Standards In Public Life Etc. (Scotland) Act 2000 2 Planning Applications Index Submit Planning Applications Index 5 - 20 3 Notice of Planning and Enforcement Appeals Decisions Submit report by the Chief Officer (Place) advising of one planning and enforcement appeals decision 21 - 22 4 Notification of Listing of Former Cumbernauld Cottage Theatre as a Category C Listed Building Submit report by the Chief Officer (Place) advising that Historic Environment Scotland has designated the former Cumbernauld Cottage Theatre, Braehead Road, Cumbernauld (single-storey cottage row) excluding all later additions to rear, as a Category C Listed building. 23 - 26 5 Scottish Government Directions on Finalised Guidance - Frontiers of the Roman Empire (Antonine Wall) World Heritage Site Submit report by the Chief Officer (Place) advising of outcome of the submission of the Supplementary Guidance for the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site to the Scottish Minsters which will be the adopted as part of the North Lanarkshire Local Development Plan 2022. 27 - 60 Page 3 of 60
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North Lanarkshire Council Planning Applications for consideration of Planning Committee Committee Date: 29/02/2024 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved Item 2 Page 5 of 60
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APPLICATIONS FOR PLANNING COMMITTEE 29th February 2024 Page No Application No Applicant Development/Site Recommendation 7-19 23/00725/PPP Drumpellier Business Park Ltd Change of use from employment land to residential use comprising a mix of houses/flatted properties with associated access and parking arrangements, SuDS and other associated infrastructure Site To The East Of 47 Crawhill Drive Bargeddie Grant Page 6 of 60
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Application No: 23/00725/PPP Proposed Development: Change of use from employment land to residential use comprising a mix of houses/flatted properties with associated access and parking arrangements, SuDS and other associated infrastructure Site Address: Site To The East Of 47 Crawhill Drive Bargeddie Date Registered: 19th July 2023 Applicant: Drumpellier Business Park Ltd 200 Glasgow Road Stirling FK7 8ES Agent: Mr Marc Giles Ryden Onyx 215 Bothwell Street Glasgow G2 7ED Application Level: Local Application Contrary to Development Plan: Yes Ward: 10 Coatbridge West Kevin Docherty,Lesley Mitchell,Gary Robinson, Representations: 22 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The proposal represents a justifiable exception to Policy PROM LOC2 (Business Development Sites) and complies with Policies PP 3 (General Urban Area), AD 3 (Amount of Development), EDQ 1(Site Appraisal) and Policy EDQ 3 (Quality of Development) in the North Lanarkshire Local Development Plan. Furthermore, the proposal complies with the relevant policies set out in National Planning Framework 4. Page 7 of 60
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Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396. Planning Application: 23/00725/PPP Name (of applicant): Drumpellier Business Park Ltd Site Address: Site To The East Of 47 Crawhill Drive Bargeddie Development: Change of use from employment land to residential use comprising a mix of houses/flatted properties with associated access and parking arrangements, SuDS and other associated infrastructure Page 8 of 60
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Proposed Conditions: 1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters: (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site including visibility splays; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) the details of proposed biodiversity enhancements (f) the design and location of all boundary walls and fences; (g) the provision of drainage works; (h) the disposal of sewage; and (i) details of existing and proposed site levels Reason: To enable the Planning Authority to consider these aspects in detail. 2. That notwithstanding the requirements of Condition (1) above, the matters specified by conditions application to be submitted shall comply with the following requirements: (a) that the total number of units within the site shall be not more than 43; (b) the extended road should terminate in a turning circle at a suitable point in advance of the parking to the flats at the northern end of the site, as opposed to extending through the car parking area for these flats as proposed. Parking for the flats should then be taken from the road via a private parking court; (c) a controlled crossing point should be provided to the east side of the A89 Glasgow Road/site access roundabout. It is anticipated that this would be provided at the existing uncontrolled crossing point approximately 60m east of the roundabout; (d) as noted in point 2(b) above, an adoptable road to general access road standards should be constructed to serve the site, e.g. 5.5m wide carriageway with 2m wide footways on each side, min 25m horizontal radius, 25m junction spacing, provision of street lighting, etc. This should terminate in a turning circle at a suitable point prior to the car parking area to the flats at the northern end of the site; (e) provision should be made for 2m wide footways on both sides of the adoptable road as opposed to partial provision as proposed; (f) access to residential units from the proposed adoptable road should be via dropped kerb vehicular access points serving private parking courts, as opposed to the sections of adoptable road extending into these areas as proposed; (g) Car parking should be provided on the following basis: Detached & semi-detached: 1 or 2 bedrooms = 2 spaces; 3 or 4 bedrooms = 3 spaces; 5+ bedrooms = 4 spaces; Mid Terraced houses: 2 spaces; Flats: 1 or 2 bedrooms = 1.5 spaces; 3 or 4 bedrooms = 2 spaces; and Visitor spaces = 0.3 spaces per dwelling Reason: To define the permission and to ensure that the development is appropriate for the site and for the general area. 3. That notwithstanding the requirements of Condition 1 and 2 above, any future applications at the site require to ensure that the land within the SINC and a further 10 metre buffer zone measured from the SINC boundary are kept free from development. Reason: In order to protect the SINC from physical development and post construction impacts such as fly tipping. 4. For the avoidance of doubt, the matters specified by conditions application shall be submitted using the indicative Proposed Layout Plan as a guide and taking account of the requirements of all conditions on this consent. Page 9 of 60
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Reason: In order to confirm the terms of this consent 5. That PRIOR to any works of any description being commenced on the application site, a comprehensive site investigation report shall be submitted to and approved in writing by the Planning Authority. The investigation must be carried out in accordance with current best practice, 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 as part of the above report. Reason: To ensure that the site is free of contamination in the interests of the amenity of future residents. 6. That any remediation works identified by the site investigation report required in terms of Condition 5 above shall be carried out to the satisfaction of the Planning Authority prior to the first occupation of the houses hereby approved. Before any of the dwellinghouses are occupied, 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 the site is free of contamination in the interests of the amenity of future residents. 7. Any further application for the site will be supported by a report that details how the required mitigation measures identified in section 9 of the submitted Noise Impact Assessment Report (NIA) have been incorporated into the development. Any property requiring a closed windows solution or enhanced glazing and ventilation specification requires these to be submitted for review before development starts. Following the specification being finalised and agreed, a post construction validation report requires to be submitted which details that these mitigation measures have been installed correctly and that this report be submitted for review prior to occupancy of the building(s). Reason: To ensure that the affected dwelling houses have suitable noise mitigation measures incorporated as part of their build make up. 8. That if works do not commence within a year of the Ecology Survey dated March 2023, an updated survey 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, all identified mitigation measures shall thereafter be implemented in accordance with a timescale to be agreed in writing with the Planning Authority. Reason: In the interests of the protection of natural habitats and protected species. Background Papers: Consultation Responses: NLC Greenspace dated 26th September 2023 and 13th February 2024 Environmental Health (including Pollution Control) dated 3rd August 2023 and 16th January 2024 Traffic & Transportation dated 10th January 2024 NLC Education dated 9th February 2024 Contact Information: Aisling Divin at Planningenquiry@northlan.gov.uk Report Date: 14th February 2024 Page 10 of 60
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APPLICATION NO. 23/00725/PPP REPORT 1. Site Description 1.1 The application has been submitted on behalf of Drumpellier Business Park Ltd and the Council retains an ownership interest in this site. The application site is known a Drumpellier Business Park which is located to the west of Coatbridge and covers an area of 1.45 Hectares. There is currently one building on this site which is a single office pavilion fronting onto Glasgow Road. The existing building is two storeys in height with a shallow standing seem mono pitch steel roof and has been constructed using a mixture of brick and grey panels. The building fronts the access road and has parking to the rear. The application site is made up of surrounding residual land which has remained undeveloped for a number of years along with a portion of the existing car parking associated with the office pavilion (an informal area to the north west of the building and a small area of formalised parking to the south of the existing access road). 2. Proposed Development 2.1 The proposal seeks Planning Permission in Principle for a residential development on land identified for business use. The proposal seeks to re-purpose the land in question from business use to residential development. The applicant has submitted an indicative layout in question 43 residential units across a mix of 2/3 bedroom houses and flats . 3. Applicant’s Supporting Information • Noise Impact Assessments (NIA) • Ecological Appraisal • Geo Environmental Desk Study • Outline Drainage Strategy • Employment Land Report • Transport Statement • Planning Statement • Sustainability Statement • Indicative Engineering Layouts 4. Site History 4.1 Planning permission was granted in 2007 (07/00404/OUT) – the proposed application was for a development of 6689m² (72000 sq ft) of Class 4 Business Space with Infrastructure and Landscaping. This was followed by a reserved matters permission approved in 2008 (08/00512/REM) for 7415 m² (79815 sq ft ) of Class 4 business space 5. Development Plan 5.1 The Development Plan consists of the National Planning Policy Framework 4 (NPF4) and the North Lanarkshire Local Development Plan (NLLDP) and the relevant policies therein. In this case, most of the site is identified as being within a Business Development Site. The relevant policy being Business Development Sites PROM LOC2. This policy states that North Lanarkshire Council will support business development to Strategic and Local Business Centres in the plan and Industrial and Business Land Supply. The application site is also designated as General Urban Area and is covered by Purpose of Place Policy PP3. Also, of relevance is Amount of Development AD 3 and Policies EDQ 1 – 3. 5.2 The following NPF 4 Policies are of relevance - Policy 1 (Tackling climate change and nature crises), Policy 2 (Climate mitigation and adaption), Policy 3 (Biodiversity), Policy 13 (Sustainable Transport), Policy 14 (Design, quality and place), Policy 23 (Health and safety), Policy 16 (Quality Homes), Policy 15 (Local Living/20-minute neighbourhoods) and Policy 18 (Infrastructure). Page 11 of 60
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6. Consultations 6.1 NLC Traffic and Transportation has been consulted several times during the application process of this application. The final comments received were that NLC Traffic and Transportation has no objections subject to certain conditions. These conditions are related to the following matters: • Further requirements in relation to the proposed adoptable road; • A controlled crossing point should be provided; • A provision should be made for 2m wide footways on both sides of the adoptable road; • Access to residential units from the proposed adoptable road should be via dropped kerb; • Parking provisions for different residential units should be provided; All of these conditions have been attached to this application and will need to addressed within the MSC application. 6.2 NLC Protective Services has provided comments relating to construction noise, site generated dust, imported materials, burning of waste materials, lighting on site and hours of operation which have been included as informatives. They also asked for a Noise Impact Assessment, given the site’s proximity to Glasgow Road. The agent provided a Noise Impact Assessment and NLC Protective Services reviewed this and concluded that if planning permission was granted that detailed glazing and ventilation specification design for all properties requires to be submitted for review. This can be attached as a condition for this matter to be addressed in the future detailed planning proposal. 6.3 NLC Greenspace has asked for a further bat survey to be carried out for 6 trees outwith the boundary of the site, however, given these are not within the application site and will remain it is considered inappropriate to carry out this further survey. An Ecological Survey was carried out and this was reviewed, it has been acknowledged that given the time of year when the survey was carried out, it was out with the growing season and there was an indication of habitats found on site, however they have asked if works do not commence within a year of this survey, then it is required to be updated. It has also been noted that the site encroaches into Luggie Glen a Site of Importance for Nature Conservation (SINC) and given this a suitable buffer of 10m should be implemented between the development area and the SINC boundary. This has been attached as a condition to be included within the next stage of the planning process. 6.4 NLC Education has reviewed this application and confirmed that this service does not require a developer contribution at this time, however, should the number of units increase, or the development is not complete within a five-year period, they reserve the right to revisit the issue of developer Contributions at that time. 7. Representations 7.1 Following the carrying out of the statutory notification and press advert 22 letters of representation were received within the consultation period. These comments are summarised as follows: Miscellaneous The following comments, objections and support are not material to the assessment of a planning application; • Proposal will negatively impact my property value • The plans were not shared with homeowners at Burnside View during their sale and this would have resulted in people not purchasing houses here • Domestic pets safety • Loss of the view that was the biggest selling point to me when purchasing my property Sitting and Amenity • Proximity of the proposed development to our boundary/property Page 12 of 60
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• Depending on the level of the flats, we do not wish for it to be overlooking into our estates properties and blocking natural daylight. • Affect our privacy in that we would probably be overlooked • Overdevelopment in the area, local doctor surgeries, dentists, schools and nurseries are already struggling to accommodate • Plans include construction of flats, this is not in keeping with the current properties in the area • Capacity of existing infrastructure and the potential risk of flooding and water damage in the area Disruption during Construction • Cause disruption, as well as dust and mess to my property • Disruption during construction stage • Health issues caused by construction • The volume of litter will increase and the litter left behind by the building companies will be dumped and left on the landscape Landscaping and Habitat • Impact on wildlife • Removal of greenspace • Loss of trees and vegetation which the area cannot afford to lose. If removed will there be replanting to offer screening for privacy. Flies • We also already have a huge issue with flies in the area and disturbing more land would most likely cause bigger issues • SUDS pond propose directly behind my fence. The disturbance ground will cause there to be an influx of additional flies and then when the SUDS pond is functional, again this will attract more flies. Traffic and Connectivity • If this land was changed to residential use, the traffic will be even more busy which will eventually lead to traffic accidents and an increase in noise and air pollution • Lack of pavements in the surrounding areas when walking into Coatbridge and also in the other direction Loss of employment/industrial Land • The council cannot allow for housing estate Burnside View to built on one condition and then change it two years later • Loss of employment/industrial land which the proposed site is zoned for needs to be appropriately justified. • The properties of NLC in terms of a focus on bringing jobs and businesses to the area, yet more residential properties in the area is not in the best interest of council tax paying residents already living here Page 13 of 60
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8. Planning Assessment 8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In this instance the Development Plan consists of National Planning Policy Framework 4 (NPF4) and The North Lanarkshire Local Development Plan (NLLDP). Therefore, the proposal requires to be determined under the terms of the relevant policies within NPF4 and the North Lanarkshire Local Development Plan (NLLDP). National Planning Framework 4 (NPF4) 8.2 The introduction of NPF4 in February 2023 requires that these policies be taken into account in assessing all developments. The most appropriate of these are discussed below. • NPF4 Policy 1 (Tackling climate change and nature crises) Within the Planning Statement provided the applicant has provided a response to NPF Policies 1 & 2 and advises that the site is brownfield in nature and involves the re-use this site. They have stated that the proposal for residential use and is identified as suitable within this area based on its previous occupation by facilities associated with the neighbouring Sewage Purification Works and subsequently, employment development. The redevelopment will see a vacant site, allocated and consented for development brought into active use. The applicant argues that given the site lies close to existing services and amenities it can be accessed by sustainable modes of transport and given this, it is considered to contribution positively to policy 1 & 2 of NPF4. The detailed development of the site will be assessed through a matters specific in conditions (MSC) application and this will address the policy requirements in greater detail. As such it is considered that the development accords with this policy. • NPF4 Policy 2 (Climate mitigation and adaption) As indicated above, within the Planning Statement provided the applicant has provided a response to NPF Policies 1 & 2. In terms of this, the applicant states that the development proposals will be sited as designed to minimise lifecycle greenhouse gas emissions as far as possible. The detailed development of the site will be assessed through a matters specific in conditions (MSC) application and this will address the policy requirements in detail. As such it is considered that the development accords with this policy. • NPF4 Policy 3 (Biodiversity) An Ecological Appraisal has been submitted that conclude that there are no significant biodiversity impacts or potential for protected species on the site. Luggie Glen a Site of Importance for Nature Conservation (SINC) and is located to the south and east of the site. Given this, a suitable buffer of 10m should be implemented between the development area and the SINC boundary. This has been attached as a condition to be included within the next stage of the planning process. The landscaping scheme will also require to address biodiversity. As such it is considered that the development accords with this policy. • NPF4 Policy 13 (Sustainable Transport) Policy 13 will facilitate a transition towards more sustainable, lower emissions travel including active travel and public transport. The application site is located within a well-established urban area which is accessible to a range of bus services along both north and south sides of Glasgow Road. The site is also accessible to Bargeddie and Kirkwood train stations which can be accessed via existing foot/cycle path network. In terms of parking on site, the agent has stated that provisions can be made for vehicle parking including an appropriate level of EV charging as well as cycle parking and associated details will be addressed through a future detailed planning proposal. As such it is considered that the development accords with this policy. • Policy 14 (Design, Quality and Place) Page 14 of 60
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This policy intends to improve the quality of design within development proposals regardless of location and indicates that development proposals will be supported where they are consistent with the 6 qualities of successful places (healthy, pleasant, connected, distinctive, sustainable and adaptable). The agent has stated within the Planning statement that they have provided this application is in principle only certain qualities can be met. In this case, the site is within the urban area, in close proximity to Coatbridge Town Centre and it benefits from good transport links, pedestrian and cycle connectivity through the existing network. Whilst the detailed design matters have not been addressed at this stage, it is considered that the proposal promotes sustainable transport use and can improve the quality of this area as the current site is considered unused. As such it is considered that the development accords with this policy. • Policy 23 (Health and safety) This policy is intended to protect existing activities that create noise from proposed noise sensitive development (like residential development) in terms of future residents complaining about noise. The Environmental Protection Act 1990 places a duty on Local Authorities to investigate noise complaints which could then in turn impact on the operation of the noise producing use. Policy 23(e) seeks to protect people and places from environmental harm, mitigate risks arising from safety hazards and encourage, promote and facilitate development that improves health and wellbeing. 23(e) Development proposals that are likely to raise unacceptable noise issues will not be supported. The agent of change principle applies to noise sensitive development. A Noise Impact Assessment may be required where the nature of the proposal or its location suggests that significant effects are likely. In this regard, a Noise Impact Assessment has been undertaken and been reviewed by NLC Protective Services and concluded that if planning permission was granted that detailed glazing and ventilation specification design for all properties requires to be submitted for review. This can be attached as a condition for this matter to be addressed in the future detailed planning proposal. 23(f) Suicide Prevention In this regard, given that the application is in principle, only the principle of using the land for residential development has been assessed within this application. If this permission is granted then a further application would need to be submitted to assess matters of detail such as design, massing and external materials of the development. In terms of this development being designed to take into account suicide risk, these matters will be addressed in the next stage of the planning process. As such it is considered that the development accords with this policy. • Policy 15 (Local Living and 20 Minute Neighbourhoods) This policy intends to encourage, promote and facilitate the application of the Place Principle and create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport options. In this case, the application site is not of a scale itself to form a 20- minute neighbourhood but it is clear that the site benefits from good transport links, pedestrian and cycle connectivity through the existing network. The agent has suggested in their Planning Statement that the proposal complies with aims of this policy. As indicated above our assessment of this matter is that the development of itself is not a 20 minute neighbourhood but given its location it contributes strongly to local living. By way of example in terms of average walking times a google search would indicate average walking pace is between 80 – 107 metres per minute. The site is located within close proximity to several local facilities, using google maps as a tool we have assessed that the average walking times for the following facilities are: • The Tesco Express located at Bank Street, Coatbridge is approximately a 18 minute walk • Bank Street Dental Care is approximately a 20 minute walk • Langloan Primary School, Bank Street, Coatbridge is approximately a 15 minute walk Page 15 of 60
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• Kirkwood Train Station, is approximately a 18 minute walk Taken the above, it is considered that the site is readily accessible to pedestrians. The time and distance measurements are taken from the middle of the proposed development site. These figures would support our assessment that this site would contribute strongly to local living and would be an attractive location to live in. As such the proposal complies with NPF4 Policy 15. • Policy 16 (Quality Homes) NPF4 Policy 16 sets out a distinct, new approach to planning for new homes across Scotland that aims to deliver more quality homes that meet diverse needs. Policy 16, Quality Homes, promotes a plan-led approach. The intent of the policy is to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations, providing choice across tenures that meet the diverse housing needs of people and communities across Scotland. In terms of affordable housing, this site is not in an area where Affordable Housing is required within North Lanarkshire Local Plan. Given this there is no requirement for a housing development to facilitate affording housing on this site. Part (f) of policy 16 states that development proposals for new homes on land not allocated for housing in the Local Development Plan (LDP) will only be supported in limited circumstances where: i. the proposal is supported by an agreed timescale for build-out ii. the proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20 minute neighbourhoods iii. and either: • delivery of sites is happening earlier than identified in the deliverable housing land pipeline. This will be determined by reference to two consecutive years of the Housing Land Audit evidencing substantial delivery earlier than pipeline timescales and that general trend being sustained; or • the proposal is consistent with policy on rural homes; or • the proposal is for smaller scale opportunities within an existing settlement boundary; or • the proposal is for the delivery of less than 50 affordable homes as part of a local authority supported affordable housing plan. The applicant has provided an agreed timetable for the sale of the site and anticipated build out. As permission in principle is being sought it is the applicant’s intention to market the site as soon as practicable for residential development following any grant of permission with a view to realising a capital receipt at the earliest opportunity. Given the applicant does not intend to develop the site themselves this is considered sufficient at this stage. In terms of timescales to ensure that a planning permission in principle does not lapse the development of the site in detail needs to be progressed quickly. Firstly, through the submission of an MSC application and then with a site start being made and all of this needs to be achieved within 5 years. In addition to being an existing identified business site the site is also allocated as being within the general urban area. As such it is considered that residential use of the site is appropriate in principle and accords with the spatial strategy and other relevant policies including 20 minute neighbourhoods/local living (this has been covered above). The site has had permission for business use for a number of years but there has been no demand to build out the remainder of the site for this use. With regards to point iii) above the proposal is regarded as being for a smaller scale opportunity within an existing settlement boundary. Taking account of the above therefore the development of the site for housing is considered to be consistent with the spatial strategy approved by the Council and is further supported by NPF4 Policy 16(f) • Policy 18 (Infrastructure) Page 16 of 60
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Development is required to take into account the capacity and additional needs for community services and facilities, as part of the infrastructure first approach set out in Policy 18. The agent has suggested that any infrastructure requirements will be set out, agreed and secured through an associated legal agreement. In this case, NLC Education has confirmed that there is no Developer Contribution required at this time. 8.3 In terms of the North Lanarkshire Local Development Plan, the site is identified as being a Business Site. The relevant policy being Business Development Sites PROM LOC2. This policy states that North Lanarkshire Council will support business development to Strategic and Local Business Centres in the plan and Industrial and Business Land Supply. The application site is also designated as is allocated as General Urban Area and is covered by Purpose of Place Policy PP3. Also, of relevance is Amount of Development AD 3 and Policies EDQ 1 – 3. 8.4 It is acknowledged that the proposed use of the land for housing does not comply with Business Development Sites PROM LOC2, however there is scope that this change can be considered acceptable. The agent has provided significant amount of information to show that the loss of this site as a Business location and for it to be used as Residential land is considered acceptable. Within the Employment Land Report, the agent has demonstrated that in 2022 according to the industrial land supply for Coatbridge there were a number of vacant sites (18 in total) and in June 2023 there were 14 industrial units and 9 offices spaces being marketed for lease or sale in Coatbridge. As such it is considered that there is merit in the argument advanced i.e. that there are significant sites available already within Coatbridge to be used for Businesses/industrial use such that the loss of this site is not significant and if the land is to be used for a different purpose then residential is the most obvious and appropriate use. 8.5 As stated above, the application site is also covered by Purpose of Place Policy PP3 General Urban Area and Amount of Development AD 3, these policies seek to maintain and improve the level of amenity in urban areas, by encouraging development that is in keeping with their residential character and encouraging diversity in more mixed-used areas. It is considered that in relation to the use of the site for residential development this has been demonstrated as an appropriate alternative use. The site has had permission since 2008 and there is a lack of demand for further office/business space in the locale. Residential development is considered to be an appropriate alternative use of this vacant site. 8.6 EDQ 1 POLICY (Site Appraisal) is also of relevance, this policy states that any proposed development will require to be appraised in terms of the site and its surroundings to ensure it will integrate successfully into the local area and avoid harm to neighbouring amenity. The matters to be addressed in the appraisal include but are not limited to criteria set out in the Local Development plan under policy EDQ 1 POLICY Site Appraisal. As noted earlier, the site was zoned as a Business Development Sites, however, in this instance the proposed change of use is considered acceptable given the location of the site, along with the fact that it has been demonstrated that the loss of a Business Development Site has been shown not to be significant as other sites/premises are available. The change of use from Employment land to Residential use has also been assessed the relevant policies within The National Planning Framework (NPF 4) and the proposal is considered to accord these the policies. As a proposed residential development, it is reasonable to state that the proposed development would generally be in keeping with the character of the surrounding area. Therefore, the site with considered design qualities set out in policy (EDQ 3) Quality of Development can accommodate such a residential development without significantly affecting the amenity of adjacent dwellings. 8.7 Policy EDQ 3 (Quality of Development) - this policy considers siting, overall layout, density, form, scale, height, massing, proportion, detailing, colour, materials considering successful integration into the local area and avoiding harm to the neighbouring amenity. This is discussed below. The agent proposes a variety of house types which are generally considered acceptable in terms of sitting and overall layout. Given this application is for planning in principle, at this stage of the planning process only the proposed use of the site has been considered i.e. the layout has not been assessed in detail. A further application is required and this will address the layout, scale, height, massing, proportion, detailing, colour, materials to ensure a successful integration into the local area and avoiding harm to the neighbouring amenity. Page 17 of 60
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8.8 Representations: The matters raised in the letters of representation area addressed in turn below. Sitting and Amenity It is not considered that the development of the site for residential development at this location would have a significant detrimental effect on local services and amenities sufficient to warrant refusal of the application. Further details of the design of each dwelling will need to be assessed within a MSC planning application, however the location of the plots within the indicative Proposed Layout Plan shows that it will be possible to develop the site such that sufficient distances are achieved to ensure the new properties do not have a detrimental impact to the adjacent existing houses. If this application is approved, a condition has been recommended that deals with all drainage aspects for the site. This will require drainage facilities to be provided on site to treat and attenuate surface water (a SUDS system) and amongst other things this will prevent surface water running from the site onto the public road. Comments have been raised in terms of flats not being in keeping with the surrounding area. It is acknowledged that whilst there are no flatted dwellings within adjacent housing area there are flatted dwellings nearby on Bank Street. Flatted dwellings are not considered unusual within a residential development and in any MSC application the appropriateness of these (including position with the site, scale and mass) will be assessed in detail. The indicative layout shows these as being located fronting onto the main road beside the existing office pavilion so it is reasonable to assume at this stage these will have a similar massing to the existing office building. Disruption during Construction With every development there will be certain amount of disruption during construction, however, this is temporary only so not considered a sufficient reason to warrant refusal of the application. As noted above we have consulted NLC Protective Services and an informative will be added to this permission if approved, covering construction noise, site generated dust, imported materials, burning of waste materials, lighting on site and hours of operation to be in accordance with certain construction regulations. Landscaping and Habitat As stated above during the application process we consulted NLC Greenspace. The agent carried out an Ecological Report was undertaken in March 2023, this acknowledges that the survey was undertaken outwith the growing season but the survey did give indication of habitats found on the site. NLC Greenspace has accepted this report and have asked that if works do not commence within a year of this survey, then it is required to be updated. This has been attached as a condition if the application is granted. In terms of wildlife and trees being impacted due to this development, given that this site encroaches a SINC area, a condition has been attached for a buffer zone to be implemented in order to protect the SINC from physical development and post construction impacts such as fly tipping. Flies Concerns have been raised by residents in relation to flies with Viridor Watse Transfer being cited as the likely source. The disturbance of the ground and the proposed SUDS pond are cited as being a potential source for further flies. Ground disturbance and SUDS ponds are part and parcel of residential development and there is no evidence to indicate that this leads to an increase of flies in surrounding areas. Traffic and Connectivity It is not considered that the level of traffic generated from this proposed development would be sufficient to warrant a refusal of permission (it is noted the site has a valid permission for further business uses and is served by a dedicated road and roundabout). After consulting with NLC Traffic & Transportation whilst they have no objection to the development there are outstanding issues which need to be addressed within the next stage of the planning process, this includes introducing pavements to the site which will improve connectivity to the site and surrounding areas. Loss of employment/industrial Land Page 18 of 60
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It is acknowledged that the proposal does not comply with the Business Development Sites PROM LOC2 Policy however, as stated above in this case, the agent has provided significant evidence to show that this change from Business Development Site to Residential use is justified. Within the Employment Land Assessment which has been provided as part of this application, it is demonstrated that there are other sites available for Businesses use and this site can be considered acceptable for residential use. It is also acknowledged that given that the application site is located adjacent to an existing residential development then residential use is the most obvious alternative use. 9. Conclusions 9.1 It is considered that the proposal represents a justifiable exception to Policy PROM LOC2 (Business Development Sites) and complies with Purpose of Place Policy PP 3 (General Urban Area) and Policies AD 3 (Amount of Development), EDQ 1(Site Appraisal) and Policy EDQ 3 (Quality of Development) in the North Lanarkshire Local Development Plan. Furthermore, the proposal complies with the relevant policies set out in National Planning Framework 4. As such it is recommended that planning permission in principle is to be granted subject to conditions. Page 19 of 60
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North Lanarkshire Council Report Planning Committee Does this report require to be approved? ☐ Yes ☒ No Ref Date 29/02/24 Notification of Listing of Former Cumbernauld Cottage Theatre as a Category C Listed Building, Braehead Road, Cumbernauld, G67 2BN From Pamela Humphries, Chief Officer (Place) E-mail BowdenL@northlan.gov.uk Telephone Lorna Bowden, 07939 280460 1. Background 1.1 Historic Environment Scotland (HES) received a proposal to designate Cumbernauld Cottage Theatre on 12/05/2022 and visited the exterior and interior of the building on 23/06/2023. 1.2 HES has found that the row of single-storey cottages meets the criteria for listing, both for its interest as early estate-workers’ cottages associated with nearby Cumbernauld House, and for its role as a cottage theatre and significant community resource during the formative years of Cumbernauld New Town. All later additions to the rear of the cottages are excluded from the listing. Executive Summary This purpose of this report is to advise the Committee that Historic Environment Scotland (HES) has decided to designate the former Cumbernauld Cottage Theatre (single-storey cottage row) excluding all later additions to rear, Braehead Road, Cumbernauld a Category C Listed building. The protected status of the structure came into effect from 17/01/2024 under Section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. Recommendations It is recommended that the Committee: 1) note that Historic Environment Scotland (HES) has designated the former Cumbernauld Cottage Theatre (single-storey cottage row), excluding all later additions to rear, Braehead Road, Cumbernauld a Category C Listed building. The Plan for North Lanarkshire Priority Not applicable Ambition Statement Not Applicable Programme of Work Not applicable Item 4 Page 23 of 60
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2. Report 2.1 The following is an extract from the detailed listing description:- Summary of Assessment 2.2 The former Cumbernauld Cottage Theatre meets the criteria of special architectural or historic interest for the following reasons: • as a representative example of 18th century estate cottages that also demonstrates in its adapted design its later use as a community theatre. • as an early and relatively uncommon example of its building type in the Cumbernauld area. • for its semi-rural woodland setting which contributes to understanding of its function as an ancillary of the former Cumbernauld House estate. • for its pioneering role as a community theatre associated with the developing identity of Cumbernauld New Town during its formative years and beyond. 2.3 In accordance with Section 1 (4A) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 the following are excluded from the listing: all additions to rear. Category of Listing 2.4 Buildings listed at category C are defined as ‘buildings of special architectural or historic interest which are representative examples of a particular period, style or type. Taking account of the modest architectural interest of the cottage building type, category C is the most appropriate level of listing. 3. Measures of success 3.1 The listing ensures that the significance of the building is taken into account in any future development of the building. 4. Supporting documentation 4.1 Listing Notification and Report of Handling from Historic Environment Scotland dated 18/01/2024 Former Cumbernauld Cottage Theatre (single-storey cottage row) excluding all later additions to rear, Braehead Road, Cumbernauld (LB52631) (historicenvironment.scot) Pamela Humphries Chief Officer (Place) Page 24 of 60
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 25 of 60
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 26 of 60
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North Lanarkshire Council Report Planning Committee Does this report require to be approved? ☒ Yes ☐ No Ref Date 29/02/24 Scottish Government Directions on Finalised Guidance - Frontiers of the Roman Empire (Antonine Wall) World Heritage Site From Pamela Humphries, Chief Officer (Place) E-mail laingg@northlan.gov.uk Telephone Gordon Laing, 07970018874 1. Background 1.1 The Antonine Wall runs through five local authority areas across Central Scotland: Falkirk, North Lanarkshire, East Dunbartonshire, Glasgow and West Dunbartonshire. In July 2008, it was designated by UNESCO as a World Heritage Site, becoming an extension of the trans-national ‘Frontiers of the Roman Empire World Heritage Site’ which includes Hadrian’s Wall in England and the German Limes. All five authorities have worked together to produce this guidance to ensure a consistent approach is adopted when dealing with development across the Wall. The Supplementary Guidance will form part of the Development Plan for each partner authority, with the exception of West Dunbartonshire where it will be adopted in due course once their Executive Summary The purpose of this report is to update the Committee on the outcome of the submission of the Supplementary Guidance for the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site to the Scottish Minsters and to note that the Supplementary Guidance will now be adopted as part of the North Lanarkshire Local Development Plan 2022. Recommendations It is recommended that the Committee: 1. Note that the Scottish Ministers have advised that they will not be issuing a direction relating to the Supplementary Guidance for the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site and that the approved Supplementary Guidance Documents may now be published. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (16) Transform our natural environment to support wellbeing and inward investment and enhance it for current and future generations Item 5 Page 27 of 60
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Local Development Plan is in operation. The adoption process for each Authority be taking place separately. 2. Report 2.1 Members will recall that a report including the Supplementary Guidance for the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site was submitted to the Planning Committee on 29 June 2023 to advise of the outcome of the public consultation and to agree that the finalised Supplementary Guidance be submitted to the Scottish Ministers for approval. 2.2 Following co-ordination of final document production with partner authorities, the Supplementary Guidance was submitted to the Scottish Government on 18 January 2024 to allow the Scottish Ministers 28 days to advise whether the Council could proceed to Adopt the Supplementary Guidance or a direction requiring changes would be issued. 2.3 On 13 February 2024 the Scottish Ministers advised that no direction would be made by the Scottish Government and we can now proceed to Adopt the Supplementary Guidance. 3. Measures of success 3.1 The measures of success are that the Adopted Supplementary Guidance will ensure: • The safeguarding of the integrity of the UNESCO World Heritage Site. • Encourage early and effective consultation with Councils and Historic Environment Scotland. • Outline the approach and procedures for assessing development affecting the World Heritage Site. • Set out the criteria which will be applied in determining planning applications for development along the line of, and within the setting and vicinity of the World Heritage site. • Guide decisions on planning appeals and enforcement. 4. Supporting documentation 4.1 Frontiers of the Roman Empire (Antonine Wall) World Heritage Site Supplementary Guidance November 2023. 4.2 Notice of Intention to Adopt – Supplementary Guidance – Frontiers of the Roman Empire (Antonine Wall) World Heritage Site - Scottish Government correspondence dated 13 February 2024. Pamela Humphries Chief Officer (Place) Page 28 of 60
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 29 of 60
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 30 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Site Supplementary Guidance November 2023 Page 31 of 60
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Aerial picture showing Roughcastle Fort in its setting. © Falkirk Council Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 Page 32 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 Contents Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites 1. Introduction 2. Application Process 3. Assessing the Impact of Development 4. Design and Mitigating Impacts Appendix 1 - Statement of Outstanding Universal Value Appendix 2 - Summary of Key Points Appendix 3 - Glossary Appendix 4 - General Information, Development Plans and Useful Contacts Appendix 5 - Map of The Antonine Wall and Council Areas Appendix 6 - Map of The Antonine Wall, Council Areas, Scheduled Areas and Buffer Zones Appendix 7 - The Antonine Wall - Then and Now Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 Page 33 of 60
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1. Introduction Who is this Guidance For? 1.1 This Supplementary Guidance provides advice for developers, decision makers and the public on managing the impact of development on the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site (FRE(AW)WHS) and its setting. The guidance supports the implementation of the development plan policies agreed by the five Councils along the Antonine Wall: Falkirk, North Lanarkshire, East Dunbartonshire, Glasgow City and West Dunbartonshire. 1.2 The Guidance will be a material consideration in the assessment and determination of planning applications affecting the Antonine Wall and its setting. It will then be progressively adopted as statutory Supplementary Guidance alongside the emerging Local Development Plans being prepared by the five local authorities. Purpose of Guidance 1.3 The purpose of the SG is to: ¤ Explain the significance of the Antonine Wall and its status as a World Heritage Site; ¤ Encourage early and effective consultation with Councils and Historic Environment Scotland; ¤ Outline the approach and procedure for assessing development affecting the World Heritage Site; ¤ Set out the criteria which will be applied in determining planning applications for development along the line of, and within the setting and vicinity of the World Heritage Site; ¤ Guide decisions on planning appeals and enforcement. The Antonine Wall 1.4 The Antonine Wall is the most substantial and important Roman monument in Scotland. Built on the orders of the Emperor Antoninus Pius in the years following 140 AD, it extends for some 60 kilometres across central Scotland from Bo’ness on the River Forth to Old Kilpatrick on the River Clyde and marks the north western frontier of the Roman Empire. 1.5 The Wall functioned both as a frontier control and military defence. It comprised of a substantial turf rampart built on a solid stone base fronted to the north by a broad, deep ditch and outer mound. To the south of the rampart was a road, the Military Way, which permitted the movement of troops, goods and materials and connected the series of permanent stone built forts which occur at roughly two mile intervals along its length. Between some of the forts there are smaller forts, or fortlets. Camps used by the troops building the Wall also occur at regular distances along the frontier. 1.6 The Antonine Wall is of great significance for a number of reasons. It represents one of many sections of a massive military system which stretched over 5000 km from northern Britain, through Europe to the Black Sea, and from there to the Red Sea and across North Africa to the Atlantic coast. This frontier helped to protect – and define – the Roman Empire, one of the greatest states ever to have existed. The Antonine Wall was the most northerly frontier of the Empire, the last of a series of planned frontiers built in the 2nd Century AD and, at the time, the most complex ever constructed by the Romans. 1.7 Today around one third of the Antonine Wall which survives is visible above ground, at places such as Bearsden, Bar Hill and Rough Castle. Around one third lies in urban areas while the remainder lies in open countryside or open spaces within urban areas and, though not visible above ground, survives below ground. Only 2 km of the original 60 kilometres of the Antonine Wall have been completely lost through quarrying and the construction of roads, railways and the Forth and Clyde Canal. The Wall continues to be subject to considerable development pressures and given its significance it is imperative that the remaining sections - whether visible on the ground or not - are safeguarded from inappropriate development 01 Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 Page 34 of 60
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© Crown Copyright: Historic Environment Scotland View of Kirkintilloch High Street with line of Antonine Wall marked in paving Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 1. Introduction The Frontiers of The Roman Empire (Antonine Wall) World Heritage Site - FRE(AW)WHS 1.8 In July 2008 the international cultural and archaeological importance of the Antonine Wall was recognised when the World Heritage Committee of UNESCO inscribed the site as Scotland’s fifth World Heritage Site (WHS). The Antonine Wall became an extension of the trans-national Frontiers of the Roman Empire World Heritage Site which includes Hadrian’s Wall in England and the Upper Raetian German Limes. The intention is that the WHS will eventually include all surviving sections of the frontiers of the Romans in Europe, Africa and the Middle East. 1.9 With World Heritage Site status comes a commitment to protect the exceptional cultural significance of the Antonine Wall and Outstanding Universal Values (OUV) for which the site was inscribed. The Statement of Outstanding Universal Value, provided at Appendix 1, not only identifies the reasons for the Wall’s inscription as a World Heritage Site but provides the basis for its effective protection and management. 1.10 It is imperative that development does not compromise the values for which the Antonine Wall was inscribed as a World Heritage Site, its authenticity and integrity. Buffer Zone 1.11 To protect the important landscape setting of the Antonine Wall a Buffer Zone has been designated to the north and south of the monument. The Buffer Zone does not act as an absolute barrier to development but defines a zone where added protection to the immediate setting of the World Heritage Site is given. Development proposals within the buffer zone will be given careful consideration to determine whether it is likely to significantly detract from the Outstanding Universal Value authenticity or integrity of the Antonine Wall World Heritage Site. 1.12 Section 3 of this SG provides further guidance on Buffer Zones and the setting of the Antonine Wall. The boundaries of the World Heritage Site and the Buffer Zones are shown in Figure 1 as well as on the Proposals Maps of the relevant local plans/local development plans listed in Appendix 4===-. 02 Page 35 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 1. Introduction 03 Figure 1: The Antonine Wall, World Heritage Site and Buffer Zones Page 36 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 1. Introduction Protecting The Wall 1.13 World Heritage Site designation does not result in additional direct legal protection. Nevertheless, the Antonine Wall is protected through the planning system and in some areas through designation as a scheduled monument. National Planning Policy 1.14 National Planning Framework 4 (NPF4) acknowledges the importance of World Heritage Sites and that the impact of proposed development upon the outstanding universal value, including its authenticity and integrity of a World Heritage Site and its setting, is a material consideration in determining planning applications. . The Historic Environment Policy for Scotland (HEPS) sets out the Scottish Governments policies for the historic environment and provides policy direction. Planning Advice Note (PAN) 2/2011: Planning and Archaeology and the Managing Change in the Scottish Environment Guidance Notes complete a suite of documents that together set out Scottish Governments policies for planning and the historic environment. Links to all the documents mentioned are listed in Appendix 4. Development Plan Policy 1.15 Decisions on planning applications require to be made in accordance with the development plan unless material considerations indicate otherwise. The local development plans of each Council include policies to protect and enhance the historic environment and archaeology. National planning policy on the historic environment is also a material consideration for applications. Antonine Wall Policy 1 There will be a presumption against development which would have an adverse impact on the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site as defined on the Proposals Map. Antonine Wall Policy 2 There will be a presumption against development within the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site buffer zones which would have an adverse impact on the Site and its setting, unless: w Mitigating action to the satisfaction of the Council in consultation with Historic Environment Scotland can be taken to redress the adverse impact; and w There is no conflict with other Local Development Plan policies. 04 Page 37 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 1. Introduction 1.16 Each of the five Councils along the Antonine Wall has also agreed to include the specific planning policies on the Antonine Wall and its buffer zone in their development plans as they are revised and updated. This document provides additional guidance and information on the implementation of these policies in the development management process. 1.17 In addition to protection under planning legalisation, about two-thirds of the Wall which has remained unaffected by modern development, is scheduled as a monument of national importance under the Ancient Monuments and Archaeological Areas Act 1979. Most works carried out within the boundaries of the monu- ment require Scheduled Monument Consent (SMC): the prior written consent of Historic Environment Scotland. SMC is separate from planning consent and one can be given without prejudice to the other. Section 2.10 provides more information. Key Points • This document provides advice for decision makers, developers and members of the public on managing the impact of development on the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site and its setting; • The SG is a material consideration in the assessment and determination of planning applications affecting the Antonine Wall and its setting, and will be adopted as statutory Supplementary Guidance which forms part of the Local Development Plan; • The Antonine Wall is of international significance. As a World Heritage Site its outstanding universal value, authenticity and integrity must be protected; • There is a presumption against development which would have an adverse impact on the Antonine Wall and its setting. Kinneil Fortlet, Bo’ness © Crown Copyright: Historic Environment Scotland 05 Page 38 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 2. Application Process Introduction 2.1 This section provides guidance on key stages in the process of applying for planning permission where a proposed development may have an impact on the FRE(AW)WHS or its setting. It also identifies where other permissions or assessments may be required, for example scheduled monument consent from Historic Environment Scotland. Site Audit 2.2 Developers considering proposals within the WHS and Buffer Zone should look carefully at their site to determine whether the development proposed is likely to have an impact on the fabric or setting of the Antonine Wall. Table 2.1 below outlines some of the key information that will influence whether proposals have an adverse impact, and should be discussed with the Council at the pre-application stage. Adverse impacts are examined further in Section 3. 2.3 It is emphasised that the general principle of new development at any specific location may be deemed unacceptable because of other policies in the development plan. For example green belt, open space and countryside protection policies may rule out the principle of particular types of development or land use. Factor Key Questions Location Is the site in: • World Heritage Site • Buffer Zone • Other Designated Area • Scheduled Monument Site Characteristics and Setting Is the site: • Greenfield • Previously developed What are the key landscape characteristics: • Topography • Tree cover • Enclosed or open What is the landscape character of the site and its setting? What is the cultural significance and historic importance of the existing site characteristics and setting? How will the proposal impact on views to/from the Antonine Wall? Will the proposal affect existing public access to the World Heritage Site? Will the proposal have a direct impact on the remains of the Antonine Wall and associated archaeological features? Development Characteristics • Size/Footprint • Proposed Use • Building Design and materials/scale/height/form/massing • Landscaping Proposals including Boundary Treatment Development Plan Policies What other planning policies and designations apply to the site? 06 Table 2.1 - SIte Audit ; Key Questions Page 39 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 2. Application Process Pre-Application Discussions 2.4 Developers will be expected, as early as possible, to engage with the Council in pre-application discussions. Contact details for each local authority are provided in Appendix 4. 2.5 Early, positive and meaningful engagement will allow unacceptable proposals to be identified before significant costs are incurred and allow other projects to move forward more efficiently. Using Table 2.1 above as a basis, along with any available plans, drawings, photographs or photomontages and documentation, developers should aim to provide the Council with as much information as possible relating to the proposed development and the site. 2.6 With suitable information the Council will be able to make a preliminary assessment of the proposal, considering relevant development plan policies and the potential for adverse impacts on the WHS and its setting. Discussions may also cover : ¤ Any additional information required, for example detailed archaeological investigations, landscape assessments etc.; ¤ Where a proposal might be amended to allow more favourable consideration (see Section 4); ¤ The Council’s procedure for processing applications, including key contacts and application fees (including any advertisement charges); ¤ Where wider consultation is required with specialist archaeological services, statutory organisations and other interest groups. This may also involve statutory Pre-Application Consultation; ¤ Advice on other relevant statutory processes, e.g. Listed Building/Conservation Area Consents, Scheduled Monument Consent. 2.7 In many circumstances, only full applications for Planning Permission will be acceptable for sites within the WHS and Buffer Zone. Applications for Planning Permission in Principle often cannot provide sufficient information to enable detailed assessment of impacts on the WHS or its setting. Where Planning Permission in Principle is sought, the reasons for this should be discussed with the Council at this pre-application stage. 2.8 All discussions and pre-application advice is given without prejudice to the final decision of the Council on any application that may be submitted. Environmental Impact Assessment 2.9 Certain types of developments may require Environmental Impact Assessment (EIA) under The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. Schedule 1 and 2 of the Regulations set out the types of development to which this applies. This can be discussed during pre-application discussions and further information is provided at Section 3.9 Scheduled Monument Consent 2.10 Any works directly affecting a designated Scheduled Monument requires Scheduled Monument Consent (SMC) which is obtained from Historic Environment Scotland. SMC is required for any works or operations that would ‘ demolish, destroy, remove, repair, alter or add to’ those parts of the FRE(AW)WHS designated a scheduled monument. This includes invasive archaeological investigations. Applications for SMC are made directly to Historic Environment Scotland. 2.11 Advice on the SMC process and requirements should be sought at an early stage from the Heritage Directorate, Historic Environment Scotland. As in the case of planning applications, early pre-application contact, this time with Historic Environment Scotland, is strongly advised. To streamline the process advice on applications for planning permission and SMC should be sought at the same time. Where both planning permission and SMC are required, development cannot proceed without both consents in place. The annex to PAN 2/2011 provides a flowchart outlining the consideration of archaeology in planning decisions and will be applicable to applications affecting the Antonine Wall regardless of the need for SMC. 2.12 The presumption of scheduling is that any future works will be the minimum necessary consistent with the preservation of the monument. The Historic Environment Scotland website and the HEPS includes further information on scheduling and SMC and can be used to identify the location of scheduled monuments: see Appendix 4. 07 Page 40 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 2. Application Process Permitted Development & Other Consents 2.13 Development that does not require planning permission, for example householder development within urban areas - where the Wall is known to have survived under the modern-day ground surface - has the potential to have adverse impacts without any assessment or appropriate mitigation. Developers and property owners are strongly urged to seek advice from the Council before undertaking any works within the WHS or Buffer Zone to determine whether their proposal is covered by permitted development rights and to discuss potential impacts. 2.14 SMC will still be required for permitted development that does fall within the boundaries of the scheduled monument. 2.15 It is the responsibility of the developer to ensure all necessary consents, including Building Warrants, Conservation Area Consent and Listed Building Consent, are obtained. Key Points • Understand your development site: what are the potential impacts of the proposal on the WHS and its setting? • Developers are expected to engage with the Council as early as possible; • Unconnected to the need for planning permission, Scheduled Monument Consent is required for works to any part of the FRE (AW) WHS designated a scheduled monument. Croy Hill looking across to Bar Hill © Crown Copyright: Historic Environment Scotland 08 Page 41 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 3. Assessing the Impact of Development Introduction 3.1 This section of the SG provides information on the Council’s approach to assessing the potential impacts of development on the Antonine Wall WHS and its setting, including the criteria that will be used. 3.2 Development must not compromise the Outstanding Universal Value for which the Antonine Wall was inscribed as a WHS. The key consideration in assessing the impact of development - as outlined in the development plan - is the presumption against development which would have an adverse impact on the Antonine Wall and its setting; that is any impact that would damage the integrity, authenticity, significance or understanding of the WHS. Examples of what could be considered adverse include development that: ¤ Destroys or would lead to the damage of archaeological remains; ¤ Interrupts key views to, from, or within the WHS; ¤ Changes the character of the landscape in and around the WHS; ¤ Reduces people’s appreciation or understanding of the WHS in its landscape setting; ¤ Could negatively affect any of the qualities or significance for which the WHS was inscribed. 3.3 Impacts may be physical: upon the fabric of the monument; on the setting of the wall: development that harms the character of the landscape around the WHS; or cumulative: development that has the potential to add to the existing negative effects of past or current developments thereby creating further and possibly greater adverse effects. This section considers each category of impact in turn and other factors that will be considered in assessing the impact of development. Physical Impacts 3.4 Within the FRE(AW)WHS new development of any scale is likely to have a physical effect on the fabric of the monument and could result in loss of or damage to significant archaeological remains. Such impacts intrinsically affect the integrity of the site - one of the reasons for which it was inscribed as a WHS. Therefore any physical impact on the surviving fabric of the WHS - whether upstanding or below ground, - will be considered to be adverse. 3.5 Where sections of the WHS have previously been developed the fabric of the Antonine Wall may have already been compromised. In these areas the key consideration in determining if a proposal would have an adverse physical impact will be whether the new development will result in additional loss or damage to archaeological remains. As an initial guide, the current depth of development on a site sets a sub-ground limit - known as the Vertical Buffer Zone - below which no excavation should take place (see Figure 1). The vertical buffer zone may include complex archaeological deposits, with features relating to other periods of history, and site investigations to determine the vertical buffer zone may themselves have adverse impacts.Carefully located and designed proposals on previously developed sites that do not extend below the vertical buffer zone may, therefore, be acceptable in certain circumstances, provided they do not conflict with other planning policies. Pre-application advice should be sought to scope out potential archaeological impacts of any proposal, particularly those impacts which may extend beyond the WHS and its associated features. 3.6 Development should avoid areas of surviving archaeological remains. Avoiding the World Heritage Site and, in particular areas which are scheduled will be the best approach. Even in areas which have already been developed, the presence, location, depth and sensitivity of deposits cannot always be predicted. In many instances it may be appropriate to carry out an archaeological evaluation to help determine where Roman deposits lie ahead of making a planning application. This may help to design proposals which avoid areas of archaeological deposits. For smaller developments where surviving Roman deposits are assessed as being improbable, an archaeological watching brief and mitigation strategy may be more appropriate - this should be discussed with the local authority and Historic Environment Scotland at an early stage. Moving development outwith the WHS will not automatically avoid physical impact. Although not covered by the WHS, impacts upon archaeological deposits from other periods will not always be acceptable and should also be considered as part of the development planning process. 3.7 Proposals should also consider potential long term impacts arising from development, for example through compression and hydrological impacts. 3.8 To properly inform the design and assessment process (including pre application discussions) it is essential that any new development site overlying the boundaries of the WHS is, at the outset and at the developer’s expense, the subject of a detailed archaeological investigation undertaken by a suitably qualified professional. The Chartered Institute for Archaeologist’ list of Registered Organisations is a good starting point for selecting a consultant. 09 Page 42 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 3. Assessing the Impact of Development Figure 1: Vertical Buffer Zone MODERN FOUNDATIONS MODERN DISTURBANCE POST- ROMAN MEDIEVAL DEPOSITS TOPSOIL Potential for direct impacts on other sub-ground archaeology and the World Heritage Site. Potential for direct impacts on the World Heritage Site Potentially acceptable - subject to careful design, siting and safeguarding VERTICAL BUFFER ZONE MODERN DISTURBANCE ROMAN DEPOSITS: POTENTIAL FOR DIRECT IMPACTS ON WORLD HERITAGE SITE Physical Impact within the Buffer Zone 3.9 There may be sub-surface archaeological deposits within or outwith the defined buffer zone, outwith the line of the World Heritage Site, or Scheduled areas. This is because the exact line of the Wall is not clear, and new elements may be discovered during site works. Where known archaeological remains are present, investigation will be required in conjunction with new development. Where previously unknown archaeological deposits are identified during site works the Council should be informed immediately and further archaeological investigations may be required. Key Points • Any physical impact on the surviving fabric of the WHS - whether upstanding or below ground -known or previously unrecognised - will not be permitted. This refers to both Scheduled Monument and unscheduled sections of the WHS; • Proposals on previously developed sites that do not extend below the vertical buffer zone may be acceptable in certain circumstances; • Detailed archaeological investigations will be required to accompany any proposals for development within the boundaries of the WHS; • Where the extent or presence of archaeological remains is unclear, pre-determination evaluation will be required. 10 Page 43 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 3. Assessing the Impact of Development Impacts on Setting 3.10 The Antonine Wall was not constructed in isolation. It was deliberately positioned with reference to the surrounding topography, resources and landscape of central Scotland, notably the southern edge of the valley formed by the Rivers Kelvin and Carron - a position that offered the Wall wide-ranging views over the Kilsyth Hills, the Campsie Fells, and Kilpatrick Hills and meant that it too was widely visible in the landscape. The setting of the FRE(AW)WHS is predominately well preserved and readily perceptible and it is this relationship with the landscape that is a fundamental part of what makes the WHS so significant and contributes to how it is experienced, understood and appreciated: its outstanding universal value which must be protected. 3.11 The Buffer Zone has been defined to ensure that all proposals for development within it are considered carefully as they may have the potential to affect the WHS; the adjacent environment that it is part of, and which contributes to the character, significance and understanding of the Wall. The capacity for new development in the Buffer Zone varies significantly along the length of the WHS and while the Council does not seek to prevent change to the landscape within the Buffer Zone, it is considered essential that new development is effectively accommodated within the landscape and is designed and located to conserve and enhance the setting of the WHS. This also applies to developments out with the Buffer Zone that may have an impact by virtue of their scale or visual relationship with the Antonine Wall. Development in the Buffer Zone 3.12 Antonine Wall Policy 2 presumes against development within the buffer zone which would have an adverse impact on the WHS and its setting, unless mitigating action to the satisfaction of the Council in consultation with Historic Environment Scotland can be taken to redress the adverse impact. Section 4 covers potential mitigation action, however, it should be noted that in many instances it will not be possible to mitigate the adverse impact of a proposed development upon the AW(FRE)WHS. Adverse impacts will be defined as those which could affect the following criteria: a). The authenticity and integrity of the setting, e.g.: ¤ Changes to the prominence/dominance of the WHS in the landscape; ¤ Obstruction of views to and from the WHS; ¤ Changes in the overall preservation of the landscape setting. b). The significance of the setting, e.g: ¤ How the function and meaning of the WHS relates to the landscape; ¤ How the WHS is understood and can be appreciated in the landscape; ¤ Relationships between components of the WHS and related sites. c). The character of the landscape in which the WHS sits, including the contribution the WHS makes to wider landscape character; and d). The quality of the wider landscape. 3.13 Additional information on the Buffer Zone; how it was defined and its key characteristics can be found in the Nomination Document and the report ‘Definitions of Buffer Zones to the World Heritage Site’. Historic Environment Scotland has also produced advice on Managing Change in the Historic Environment (see Appendix 4). These documents will be a material consideration in the determination of proposals and their possible impacts. © Crown Copyright: Historic Environment Scotland Rough Castle 1959 Excavations - A cross section showing the stacked turves that make up the Wall. 11 Page 44 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 3. Assessing the Impact of Development Development affecting the wider landscape setting of the World Heritage Site 3.14 In addition to the defined Buffer Zone it may be necessary to consider potential impacts of new development outside the Buffer Zone on longer distance views to and from significant landscape features - notably the upland edge of the Campsie Fells and Kilpatrick Hills - which play an important part in the appreciation and significance of the WHS. Most development beyond the Buffer Zone will not have an adverse effect on the setting of the WHS or its setting, however, major development in particular has the potential to detract from or damage longer distance views to and from the Site. The criteria for judging whether impacts on wider setting can be considered ‘adverse’ are broadly the same as those outlined above. 3.15 Within built up areas, parts of the WHS, particularly the scheduled monument, may also have a setting which will require to be determined on a site by site basis. Key Points • There will be a presumption against development within the Buffer Zone which would have an adverse impact on the WHS and its setting; • The Criteria set out in paragraph 3.12 will be applied in the assessment of what is an adverse impact on the setting of the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site. Surviving remains during excavation at Balmuildy © Crown Copyright: Historic Environment Scotland 12 Page 45 of 60
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3. Assessing the Impact of Development Cumulative Impacts 3.16 New development will be assessed on its own merits. However, there are potential instances where development impacts, acceptable in isolation, combine to create adverse cumulative impacts on the WHS. These may be physical - where a series of developments have resulted in significant losses of archaeological material, or affect the setting of the WHS - where a sequence of new developments erodes visual connections with the landscape. Councils will therefore consider the potential for new development to create, add to or set a precedent for adverse cumulative impacts. Such consideration will include: ¤ What developments or types of development, in the vicinity of the proposed site have adversely affected the integrity of the WHS in the past? ¤ What ongoing activities, developments or natural processes are affecting its physical condition and survival, and the integrity of its setting? ¤ What other developments are proposed in the short- to medium-term that are likely to contribute to adverse effects on the WHS? ¤ Whether the impact of the proposed development is likely to contribute to cumulative effects generated by the above? Adding Value 3.17 Where development would not have an adverse impact on the Antonine Wall and its setting, proposals should seek to make a positive contribution to the conservation, management and understanding of the WHS and its setting. Sympathetic, high-quality design of development can have the potential to add value by enhancing the character of the WHS and its setting; promoting improved access, (including by public transport), to, and interpretation of the site; and contributing to a wider appreciation and understanding of the WHS in its landscape context. Opportunities should be identified early in the planning process. Pre-application discussions with the Council and the archaeology service will assist in drawing out suitable ideas which can be implemented through the development process. Other Planning Policies and Assessments 3.18 In addition to the impact of proposed development upon the WHS and its setting, applications for planning permission will also be considered against relevant policies in the Council’s development plan, other supplementary guidance and National Planning Framework 4. Details can be viewed online or can be seen, and discussed, at the appropriate Council offices. Environmental Impact Assessment 3.19 Schedules 1 and 2 of the Town and Country Planning (EIA) (Scotland) Regulations 2017 set out the types of development likely to have significant impacts on the environment and which are required to undergo Environmental Impact Assessment. Both scheduled monuments and World Heritage Sites are defined as ‘sensitive areas’ under the Regulations. Where any proposed Schedule 2 development falls within a scheduled monuments or WHS and is likely to have ‘significant environmental effects,’ an Environmental Impact Assessment is required (Schedule 1 development always requires EIA). This includes any type of development that would ordinarily have permitted development rights, but is located within the sensitive area/is above the thresholds set out in the Regulations. http://www.legislation.gov.uk/ssi/2017/102/contents/made 3.20 EIA development that falls within the Scheduled Area will also require Scheduled Monument Consent. Planning Circular 1/2017 provides further information on the EIA Regulations. http://www.gov.scot/Publications/2017/05/6292 Key Points • The Council may advise developers to demonstrate they have given due consideration to the cumulative impact of their development on the Antonine Wall and its setting. Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 202313 Page 46 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 4. Design And Mitigating Impacts Introduction 4.1 The purpose of this section is to outline the general design principles for new development within the WHS and Buffer Zone. 4.2 A core principle of the modernised planning system is the focus on the quality of outcomes, taking account of the sustainable use of land, good design and the protection and enhancement of the built and natural environment. The international significance of the Antonine Wall means good quality design will be vital for any development on or near the WHS, including within the Buffer Zone and fundamental to the avoidance of any adverse impact. Bridgeness Slab Replica © Crown Copyright: Historic Environment Scotland Design Criteria 4.3 In the first instance, there is a presumption against development which would have an adverse impact on the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site and its setting. Key to the avoidance and minimisation of adverse impacts on the WHS will be good design which takes account of the following principles: Careful site selection: ¤ Site selection should avoid the WHS, in particular those areas which are scheduled; ¤ Site selection within the Buffer Zone should avoid the most sensitive areas and avoid obstructing views to/from, and limiting existing access to the WHS; ¤ Prioritise previously developed sites, taking account of the ‘vertical buffer zone’ and allowing, where possible, development to fit within existing settlement patterns. Well considered development layout: Proposed development should seek to maximise the benefit of existing site features, especially topography and vegetation, to eliminate adverse visual impacts. Appropriate building design: The characteristics of the site, landscape and local building styles should inform the form, massing, height and materials of new buildings, generating coherent, high quality solutions. High quality landscape design: Landscaping - both hard and soft - should be as much part of the development process as the architecture. Well planned and executed design may enable development to be accommodated by the site and wider landscape and has the potential to reinforce existing landscape features and character.Additional landscaping can also impact on intervisibility between different parts of the WHS and it’s setting. It is therefore important that the location and specification of new landscaping is considered in relation to impact in the WHS and its setting. 14 Page 47 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 4. Design And Mitigating Impacts Mitigation 4.4 Antonine Wall Policy 2 states there will be a presumption against development within the Buffer Zone which would have an adverse impact on the Site and its setting unless mitigating action to the satisfaction of the Council, in consultation with Historic Environment Scotland, can be taken to redress the adverse impact. Mitigation measures potentially reduce any identified impacts to an acceptable level. It is emphasised though that not all adverse impacts can be successfully mitigated. Impacts on the WHS and its setting should primarily be avoided through positive siting and design decisions in preference to the use of other mitigation measures. 4.5 Examples of mitigation may include landscaping proposals which are designed to reflect and strengthen local landscape character and the visual setting of the Antonine Wall. Mitigation measures however should not in themselves potentially generate adverse impacts. 4.6 Design matters and the potential for mitigation measures should be discussed at the pre-application stage, and appropriate reports submitted in support of any application demonstrating that discussions have been effectively incorporated in the finalised proposals. In the event that permission is granted suitable conditions and, if necessary, planning agreements will ensure the proper implementation of agreed mitigation measures. 4.7 Conditions will be used to ensure that development does not proceed before a programme for appropriate mitigation has been identified, or where archaeologi- cal recording has taken place. Conditions will ensure that safeguards are in place to protect important features. When imposing conditions, planning officers will consult with Historic Environment Scotland and/or Council’s Archaeologists to ensure that the proposed measures are proportionate, enforceable and effective in conserving OUV. Examples of suitable conditions might include landscaping and/or protective buffer zones around key in-situ sections of the wall. Key Points • All development within the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site and Buffer Zone will be expected to be of good design, demonstrating: careful site selection; well considered development layout; appropriate building design and materials; high quality landscape design; • Mitigating action which redresses the adverse impact of development within the Buffer Zone may be acceptable but must be discussed in consultation with - and be to the satisfaction of - the Council and Historic Environment Scotland; • Mitigation of adverse impacts will not be possible in all instances. Roughcastle Fort © Falkirk Council 15 Page 48 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 4. Design And Mitigating Impacts Enforcement 4.8 The unique trans-national nature of the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site means that damage to the Antonine Wall could affect the integrity and significance of the WHS as a whole - with international implications for Scotland. 4.9 The recognition of the WHS’s Outstanding Universal Value, means the Antonine Wall requires the highest level of statutory protection. Loss or damage to upstanding archaeological remains and those buried beneath the ground will be treated as a particularly serious breach of regulatory controls. Other impacts of unauthorised development will be judged against the same guidance for new developments with respect to the effect on the character, integrity or significance of the World Heritage Site. Non-compliance with planning conditions or agreements may also result in significant adverse impacts. 4.10 Breaches of planning control will be investigated and if appropriate enforced by the Council, or in consultation with Historic Environment Scotland. In all cases it will be required that ongoing work cease with immediate effect, to allow a proper assessment of the impacts and prevent damage or loss once it is established that there is or has been a breach. In particular it may be considered appropriate to issue a temporary stop notice requiring an immediate halt to activity and allowing time for further enforcement action to be put in place to protect the site or archaeological remains. Full details of the enforcement powers available to planning authorities are set out in Planning Circular 10/2009: Planning Enforcement. Remedying the breach will take account of particular circumstances, but can include full site reinstatement. Non-compliance with enforcement or stop notices can also be prosecuted at the Sherriff Court. 4.8 Any person carrying out unauthorised works or allowing unauthorised works to be carried out on a Scheduled Monument without consent are guilty of an offence. Works are defined as: anything resulting in the demolition or destruction of a scheduled monument; any works for the purpose of removing or repairing a scheduled monument; or any flooding or tipping operations. The Historic Environment (Amendment)(Scotland) act 2014 introduced new powers to enable Scottish Ministers to serve sched- uled monument enforcement notices, complemented by temporary stop notices where unauthorised works are taking place on a scheduled monument. Further information on this is available on Historic Environment Scotland’s website: https://www.historicenvironment.scot/advice-and- support/applying-for-consents/scheduled- monument-consent/compliance/ Key Points • The Council will seek to protect the Outstanding Universal Value of the World Heritage Site through a robust approach to unauthorised development. The Statement of Outstanding Universal Value is located here: http://www.antoninewall.org/world-heritage/nomination-and-inscription/souv • ICOMOS have prepared guidance on the process of commissioning Heritage Impact Assessments (HIAs) for World Heritage (WH) 16 Page 49 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 Appendix 1 : Statement of Outstanding Universal Values The Statement of Outstanding Universal Value for the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site as contained in the decision notice of the World Heritage Committee outlines the exceptional cultural significance of the Antonine Wall: “The Antonine Wall fully illustrates the effort of building the Limes on the frontiers of the Roman Empire, at the time of its apogee and greatest extension in the British Isles and worldwide (middle of the 2nd century AD). It embodies a high degree of expertise in the technical mastery of earthen defensive constructions, in the construction of a strategic system of forts and camps, and in the general military organisation of the Limes. The Antonine Wall also demonstrates the diffusion of the military and civil engineering of the Roman civilisation to the whole of Europe and the Mediterranean world.” The Antonine Wall meets three of the selection criteria for inscription as a World Heritage Site, (ii), (iii) and (iv): (ii) The Antonine Wall is one of the significant elements of the Roman Limes present in Europe, The Middle East and North Africa. It exhibits important interchanges of human and cultural values at the time of the apogee of the Roman Empire; (iii) The Antonine Wall bears testimony to the maximum extension of the Roman Empire, by the consolidation of its frontiers in the north of the British Isles, in the middle of the 2nd Century AD. The property illustrates the Roman Empire’s ambition to dominate the world in order to establish its law and way of life there in a long-term perspective; (iv) The Antonine Wall is an outstanding example of the technological development of Roman military architecture and frontier defence. Bar Hill - Aerial view looking to Campsies © Crown Copyright: Historic Environment Scotland a1-1 Page 50 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 Appendix 2 : Summary of Key Points Key Points • The Antonine Wall is of international significance. As a World Heritage Site (WHS) its outstanding universal value, authenticity and integrity must be protected. • There is a presumption against development which would have an adverse impact on the Antonine Wall and its setting. • Developers are expected to engage with the Council as early as possible. • Any physical impact on the surviving fabric of the WHS - whether upstanding or below ground, known or previously unrecognised - will only be permitted in exceptional circumstances. • All development within the WHS and Buffer Zone will be expected to be of good design, demonstrating: a) careful site selection; b) well considered development layout; c) sympathetic, high-quality building building and landscape design and materials. • Mitigating action which redresses the adverse impact of development within the Buffer Zone may be acceptable but must be discussed in consultation with - and be to the satisfaction of - the Council and Historic Environment Scotland. • The Council and Historic Environment Scotland will seek to protect the Outstanding Universal Value of the WHS through a robust approach to unauthorised development. a2-1 Page 51 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 Appendix 3 : Glossary Antonine Wall: The Roman Empire frontier system running across central Scotland from the Firth of Forth to the Clyde Estuary, constructed c AD 142 on the orders of the Emperor Antoninus Pius. Inscribed as part of the Frontiers of the Roman Empire World Heritage Site in July 2008. Authenticity: Depending on the type of cultural heritage, and its cultural context, properties may be understood to meet the conditions of authenticity if their cultural values (as recognised in the nomination criteria proposed) are truthfully and credibly expressed through a variety of attributes including: form and design; materials and substance; use and function; traditions, techniques and management systems; location and setting; language, and other forms of intangible heritage; spirit and feeling; and other internal and external factors. Buffer Zone: For the purposes of effective protection of the nominated property, a buffer zone is an area surrounding the nominated property which has complementary legal and/or customary restrictions placed on its use and development to give an added layer of protection to the property. This should include the immediate setting of the nominated property, important views and other areas or attributes that are functionally important as a support to the property and its protection. The area constituting the buffer zone should be determined in each case through appropriate mechanisms. Environmental Impact Assessment (EIA): Environmental Impact Assessment (EIA) is the process of assessing the likely environmental impacts of a proposal and identifying options to minimise environmental damage. Frontiers of the Roman Empire: World Heritage Site composed of three walls in different parts of Europe- Antonine Wall, Hadrian’s Wall, German Limes forming part of the frontiers of the Roman Empire. The Historic Environment Policy for Scotland: sets out how Historic Environment Scotland fulfils its regulatory and advisory roles and how it expects others to interpret and implement Scottish Planning Policy. It is a material consideration in the Scottish planning system. Integrity: Integrity is a measure of the wholeness and intactness of the natural and/or cultural heritage and its attributes. Examining the conditions of integrity, therefore requires assessing the extent to which the property: includes all elements necessary to express its Outstanding Universal Value; is of adequate size to ensure the complete representation of the features and processes which convey the property’s significance; suffers from adverse effects of development and/or neglect. Scheduled Monument: A nationally significant monument, building or site included in the Schedule of Monuments maintained by Historic Environment Scotland. Setting: The way the surroundings of a historic asset or place contribute to how it is understood, appreciated and experienced. World Heritage Site: World Heritage Sites are cultural and/or natural sites considered to be of ‘Outstanding Universal Value’, which have been inscribed on the World Heritage List by the World Heritage Committee. Outstanding Universal Value: Outstanding Universal Value means cultural and/or natural significance which is so exceptional as to transcend national boundaries and to be of common importance for present and future generations of all humanity. As such, the permanent protection of this heritage is of the highest importance to the international community as a whole. At the time of inscription of a property on the World Heritage List, the World Heritage Committee adopts a Statement of Outstanding Universal Value which will be the key reference for the future effective protection and management of the property. a3-1 Page 52 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 Appendix 4 : General Information, Development Plans and Useful Contacts Antonine Wall World Heritage Site website: http://www.antoninewall.org/ Antonine Wall Management Plan: https://www.historicenvironment.scot/archives-and-research/publications/publication/?publicationId=f477ec1e-8366-4295-ac10-a5c900aab488 Antonine Wall nomination document: http://www.antoninewall.org/sites/default/files/Antonine%20Wall%20Nomination%20doc.pdf Historic Environment Scotland: www.historicenvironment.scot Data Services: https://portal.historicenvironment.scot/spatialdownloads Scheduled monuments: https://www.historicenvironment.scot/advice-and-support/listing-scheduling-and-designations/scheduled-monuments/ Chartered Institute for Archaeologists (CIfA): http://www.archaeologists.net/ Historic Environment Scotland) Act 2014: http://www.legislation.gov.uk/asp/2011/3/pdfs/asp_20110003_en.pdf Planning Advice Note (PAN) 2/2011: Planning and Archaeology: http://www.gov.scot/Publications/2011/08/04132003/0 Definitions of Buffer Zones to the World Heritage Site (Land Use Consultants report for Historic Environment Scotland, July 2006) - available on request Managing Change in the Historic Environment (Historic Environment Scotland) World Heritage Sites: https://www.historicenvironment.scot/archives-and-research/publications/publication/?publicationid=89d391d9-9be2-4267-919f-a678009ab9df Managing Change in the Historic Environment (Historic Environment Scotland): Setting: https://www.historicenvironment.scot/archives-and-research/publications/publication/?publicationId=80b7c0a0-584b-4625-b1fd-a60b009c2549 Scheduled Monument Consent: https://www.historicenvironment.scot/archives-and-research/publications/publication/?publicationId=515c06f2-d8b0-40f9-919f-a88000d44a5b Development Plans Falkirk Local Development Plan 2: http://www.falkirk.gov.uk/services/planning-building/planning-policy/ North Lanarkshire Local Development Plan: https://www.northlanarkshire.gov.uk/our-ldp East Dunbartonshire Local Plan 2: https://www.eastdunbarton.gov.uk/residents/planning-and-building-standards/planning-policy Glasgow City Development Plan: https://www.glasgow.gov.uk/index.aspx?articleid=16184 West Dunbartonshire Local Development Plan: https://www.west-dunbarton.gov.uk/council/strategies-plans-and-policies/local-development-planning/ a4-1 Page 53 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 Appendix 4 : General Information, Development Plans and Useful Contacts East Dunbartonshire Council Development Applications Team Southbank House 1 Strathkelvin Place Kirkintilloch G66 1XQ Telephone: 0300 1234510 Email: planning@eastdunbarton.gov.uk Falkirk Council Planning & Environment Development Services Abbotsford House David’s Loan Falkirk FK2 7YZ Telephone: 01324 504950 E-mail: planenv@falkirk.gov.uk Glasgow City Council Development and Regeneration Services 229 George Street Glasgow G1 1QU Telephone: 0141 287 8555 Email: developmentplan@glasgow.gov.uk North Lanarkshire Council Strategy and Policy Team Planning and Place Ground Floor Civic Centre Windmillhill Street Motherwell ML1 1AB Telephone: 01236 632500 Email: localdevelopmentplan@northlan.gov.uk West Dunbartonshire Council Development Management Section 16 Church Street Clydebank G81 1TG Telephone: 01389 738575 Email: buildingandplanning@west-dunbarton.gov.uk Historic Environment Scotland - Planning, Consents & Advice Longmore House Salisbury Place Edinburgh EH9 1SH Telephone: 0131 668 8716 Email: HMconsultations@hes.scot a4-2 Page 54 of 60
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 Appendix 5 - Map of The Antonine Wall and Council Areas a5-1 Page 55 of 60
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Appendix 6 - Map of The Antonine Wall, Council Areas, Scheduled Areas and Buffer Zones Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023a6-1 Page 56 of 60
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Appendix 7 - The Antonine Wall - Then and Now a7-1Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites November 2023 Page 57 of 60
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Victoria Quay, Edinburgh EH6 6QQ www.gov.scot Local Government and Housing Directorate Planning, Architecture and Regeneration Division E: developmentplans@gov.scot Gordon Laing Planning Manager (Strategy & Policy) North Lanarkshire Council By email: Planningenquiry@northlan.gov.uk Cc: LaingG@northlan.gov.uk Our Ref: A47012529 13th February 2024 Dear Gordon, TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 NOTICE OF INTENTION TO ADOPT: SUPPLEMENTARY GUIDANCE I refer to your correspondence of 16th January 2024, notifying Scottish Ministers of your intention to adopt an item of Supplementary Guidance in connection with the North Lanarkshire Local Development Plan, adopted July 2022: • Frontiers of the Roman Empire (Antonine Wall) World Heritage Site – Supplementary Guidance Scottish Ministers do not propose to issue a direction in relation to this document. Prior to adopting this document as supplementary guidance, your Authority should satisfy itself that it has met the requirements set out in the Town and Country Planning (Development Planning) (Scotland) Regulations 2008. In particular, we would bring to your attention the need to comply with section 27(2) of the above regulations, which state that supplementary guidance adopted and issued under section 22(1) of the 1997 Act1 (in connection with a particular local development plan), may only deal with the provision of further information or detail in respect of the policies or proposals set out in the plan and then only provided that those are matters which are expressly identified in a statement contained in the plan as matters which are to be dealt with in supplementary guidance. Yours sincerely Jasmine Hood Planning, Architecture and Regeneration Division 1 Section 22 is continued in effect to enable the adoption of certain supplementary guidance until 31 March 2025 by regulation 4 of the Planning (Scotland) Act 2019 (Commencement No. 11 and Saving and Transitional Provisions) Regulations 2023 (SSI 2023/10). Page 59 of 60
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