Agenda Document Pack - Planning Committee - 13/06/2024
North Lanarkshire Council · 13 June 2024
Back to Planning Committee — 13 June 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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4 June 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, 13 June 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, B Baudo, G Brennan, B Burgess, A Bustard, J Cairns, T Carragher, M Coyle, S Coyle, K Docherty, T Fisher, M Hughes, L Jarvie, T Johnston, J Logue, H Loughran, C McManus, M McPake, A McVey, J Reddin, D Robb, G Robinson, A Smith, G Woods. Page 1 of 38
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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 Index 5 - 36 3 Planning and Enforcement Notice Appeals Lodged Submit report by the Chief Officer (Place) advising of one planning and enforcement appeal lodged 37 - 38 Page 3 of 38
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North Lanarkshire Council Planning Applications for Consideration of Planning Committee Committee Date: 13/06/2024 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved Item 2 Page 5 of 38
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APPLICATIONS FOR PLANNING COMMITTEE 13th June 2024 Page No Application No Applicant Development/Site Recommendation 7 - 18 21/00164/FUL SIM Building Group 18 Two Bedroom Flats with Associated Parking and Landscaping Site To South Of The Broch Balmalloch Road Kilsyth Grant (P) 19 - 28 23/00815/FUL WB Properties Scotland Ltd Two Dellinghouses Land to the Rear of 200 Bonkle Road Newmains Refuse 29 - 36 24/00369/FUL The Old Bank Cafe Change of Use from Class 1 to Class 3 - Proposed 'Sit In' for Coffee Shop 148 Cumbernauld Road Muirhead G69 9DX Grant (P) 21/00164/FUL – If Granted permission should not be issued until Legal Agreement has been concluded in relation to commuted sum for off-site play Page 6 of 38
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Application No: 21/00164/FUL Proposed Development: 18 Two Bedroom Flats with Associated Parking and Landscaping Site Address: Site To South Of The Broch Balmalloch Road Kilsyth Date Registered: 22nd February 2021 Applicant: SIM Building Group 1 Roman Road Kirkintilloch G66 1DY Agent: Allison Architecture 13 Royal Crescent Glasgow G3 7SL Application Level: Local Application Contrary to Development Plan: No Ward: 01 Kilsyth Jean Jones,Heather Brannan-McVey,Denis Johnston, Representations: 6 letter(s) of representation received. Recommendation: Approve Subject to Conditions Page 7 of 38
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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: 21/00164/FUL Name (of applicant): SIM Building Group Site Address: Site To South Of The Broch Balmalloch Road Kilsyth Development: 18 Two Bedroom Flats with Associated Parking and Landscaping Page 8 of 38
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Proposed Conditions:- 1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: 21001-00-001, 21001-00-002, 21001-006, AP939/Topo/01, J3224_C-10 REV D (Proposed Drainage Layout), J3224_C-11 REV B, J3224_C-12 REV C, 21001 00-004 REV C, 21001_00_004 Rev B, MA3051, 21001 09-001, 21001 00-005, 21000- 02-001 REV A, 21000_02_002 REV A, 21001_02_003 REV A, 210001_02_004 REV A, 21_0001_005 1, REV A, 21001_02_005 2 REV A . Reason: To clarify the drawings on which this approval of permission is founded. 2. That before any work on the development site is permitted to commence, the noise mitigation work detailed in the report by Building Regulations Services (BRS UK)(v2.8) dated April 2024 as it relates to noise mitigation works to be undertaken in and to The Broch Pub relating to the walls, roof and windows shall be implemented in full and validated by a chartered noise consultant or similarly qualified acoustic professional as having been completed in accordance with the approved details, to the satisfaction of the Planning Authority. Only upon confirmation by the Planning Authority that the required noise mitigation works in the Broch have been satisfactorily completed may work commence on application site. Reason: In the interests of protecting the amenity of residents of the development and the wider residential area. 3. This planning permission shall remain valid for five years from the date granted under section 58(b) of the Town and Country Planning (Scotland) Act 1997 (as amended). Reason: To allow the applicant to secure any additional funding that may be necessary and come to an agreement with a registered social landlord (RSL) to accept the completed units 4. For the avoidance of doubt, this consent only permits the development of the site for social housing and upon completion all 18 units on the site shall be delivered to a Registered Social Landlord (RSL) for social rent. Reason: To ensure compliance with the Council's Affordable Housing policy. 5. That before the development starts, any site remediation and gas verification measures required as a result of the submitted Phase 1 Desk Study Report dated 15th September 2020, Phase 2 Ground Investigation Report dated 19th October 2020 and subsequent Phase 2 Site Investigation updated report dated 7th May 2021 (all by Ardmore Point) should be submitted for review and approval by the Planning Authority and Pollution Control Team. This strategy shall be implemented in accordance with any further comments that may be provided by the Pollution Control Team of North Lanarkshire Council. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 6. That before works commence on site, any remediation works identified required under the terms of Condition 5 above shall be carried out. Thereafter, a certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the remediation plan and strategy. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 7. Gas protection measures equivalent to at least Characteristic Situation 2 shall be incorporated into the development in line with CIRIA 665: Assessing Risks Posed By Hazardous Ground Gases to Buildings. In the event that a membrane is required, a site-specific Ground Gas Risk Assessment shall to be carried out to ensure that a greater level of protection is not required. Installation of any required gas protection measures shall be validated in terms of the requirements of CIRIA C735:Good Practice on the Testing and Verification of Protection Systems for Buildings Against Hazardous Ground Gases. Page 9 of 38
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Reason: The site lies within an area of naturally occurring methane gas. To ensure that the site is free of risk from gases in the interests of the amenity and wellbeing of future residents and the wider public. 8. That no flat within the development hereby permitted shall be occupied until the applicant has provided confirmation by a professionally qualified acoustic consultant that all the noise mitigation measures included in the applicant's submitted Noise Impact Assessment Report by BRS consultants dated September 2021 and reviewed as part of the assessment process for this planning application have been met. Validation requires to be provided that the mitigation measures in the report with regard to glazing and acoustic barriers have been completed. Validation by the Planning Authority will require that the measures agreed in subsequent correspondence between the Planning Authority, the Council's Pollution Control Team and the applicant (including acoustic fencing barriers and window systems) to both the proposed development and the adjacent public house (The Broch), are met to the satisfaction of the Planning Authority and the validation report shall demonstrate that all the flatted properties meet current internal noise standards prior to occupation as agreed in the correspondence between the Planning Authority, the Council's Pollution Control Team and the applicant. Reason: In the interests of protecting the amenity of residents and the wider residential area. 9. That before the construction of any roads or the flatted development, unless otherwise agreed in writing with the Planning Authority; full details of the final surface water drainage scheme or other means of drainage shall be submitted to the said Authority and a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the drainage has been constructed in accordance with the relevant CIRIA Manual and the approved plans. Reason: To ensure that the drainage scheme complies with best drainage practice to protect adjacent watercourses and groundwater, in the interests of the amenity and wellbeing of residents adjacent to, and within the development site. 10. That the surface water drainage scheme approved under the terms of condition 9 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of its construction, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the surface water drainage has been constructed in accordance with the relevant CIRIA Manual and the approved plans. Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site. 11. That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development. Reason: To ensure the provision of satisfactory sewerage and surface water drainage arrangements. 12. That the scheme of landscaping and planting submitted and approved by the Planning Authority shall be implemented prior to occupation of the development and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species. Reason: To ensure the implementation of appropriate landscaping scheme in the interest of the amenity of future occupants and adjacent residents. 13. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of all landscaped, common areas, paths and fences and acoustic fences. Reason: To ensure the maintenance of the landscaping scheme in the interest of amenity. Page 10 of 38
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14. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 13 shall be in operation. Reason: To ensure there is an adequate landscape maintenance scheme in place. 15. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site and at site boundaries shall be submitted to and approved in writing by the Planning Authority. Reason: To enable the Planning Authority to consider these aspects in detail. 16. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the design and finish materials to be used in the construction of the streets, footways, junctions, parking courtyards and driveways, shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, the materials shall be a well-considered palette of materials. Reason: In the interests of amenity and design by ensuring that external materials are appropriate for the site. 17. That to achieve satisfactory sightlines everything above 1.05 metres shall be removed within the sightline areas in both directions and thereafter nothing exceeding 1.05 metres shall be planted, erected, of allowed to grow within these areas. For the avoidance of doubt the mature tree to the south of the site access will not be removed unless written agreement is obtained from the planning authority. Reason: In the interests of road safety. 18. That before the last of the dwellings hereby permitted is occupied; all streets, footpaths, footways and manoeuvring areas shown on the approved drawings at condition 1. above be completed to sealed final wearing course. Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 19. That prior to commencement of development, a Construction Method Statement shall be submitted to and approved by the Planning Authority. For the avoidance of doubt, the Construction Method Statement shall cover: • Details of the location of site compound and management facilities; • Details of construction access, parking and manoeuvring areas. The development shall be implemented in accordance with the approved Construction Method Statement. Reason: In the interests of the amenity of the area, to minimise pollution risks arising from construction activities. Background Papers: Consultation Responses: Environmental Health (Pollution Control Team) - March, April, June 2021; April, Sept and November 2022, March, June, July and August 2023; and April 2024. Traffic & Transportation - June 2021. NLC Affordable Housing (Affordable Housing), - April 2021 and June 2023 Education – April 2021 The Coal Authority – April 2021 Play Services – April 2021 and May 2024 Page 11 of 38
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Contact Information: Mark Forrest at planningenquiry@northlan.gov.uk or 01236 632487 Report Date: 31st May 2024 Page 12 of 38
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APPLICATION NO. 21/00164/FUL REPORT 1. Site Description 1.1 This planning application is for a residential development of 18 flatted dwellings in a 3 storey u-shaped block with a parking court to the front on land east of Balmalloch Road, Kilsyth. 1.2 The 0.2 hectares application site is located immediately east of Balmalloch Road, Kilsyth currently occupied by a surfaced car parking area. The site is adjacent to and south of The Broch public house, a large, free-standing building with surrounding car parking area. A two-storey row of terraced housing, within Montrose Gardens, is north-east, whilst east, to the rear of the proposed development is a grassland boundary strip containing hedging, low bushes and four to five mature or semi mature trees adjacent to rear gardens of other housing within Montrose Gardens. The southern boundary consists of grass, shrubs and trees facing the rear gardens of houses in Corrie Road. On the opposite side of Balmalloch Road there are residential properties and flats. The site slopes gradually uphill from Balmalloch Road rising a maximum of 4 metres at the east (rear) boundary. 2. Proposed Development 2.1 The proposed development is for a three-storey flatted block of 18 flats. The design would have a red brick appearance with front and rear shallow pitched roof and solar panels on the rear roof pitch. The block itself is set well back into the site towards Montrose Gardens with parking, landscaping and access nearer Balmalloch Road. 2.2 The applicant has indicated that they propose to build and sell on the completed development to a registered social landlord (RSL) for affordable and social housing and has contacted that RSL to promote the site for inclusion in a future Council Social Housing Investment Programme (SHIP) list therefore it could be several years before development commences. 3. Applicant’s Supporting Information The applicant has submitted the following supporting information • Noise Impact Assessment (and various updated versions) • Ground Stability and Site Remediation reports. • Site Plans, Drawings and Elevations. • Proposed Drainage Layout. 4. Site History 4.1 Planning permission was previously granted for a flatted development of 12 dwellings in 1997 (Ref:97/00027/FUL) but this permission was never implemented. 5. Development Plan 5.1 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. The Development Plan comprises the National Planning Policy Framework 4 (NPF4) and the North Lanarkshire Local Development Plan 2022. National Planning Framework 4 (2023) 5.2 The National Planning Framework (NPF4) sets out national planning policy. In terms of policy if a Local Development Plan was adopted prior to NPF4, policies within NPF4 have precedence. Page 13 of 38
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NPF4 Policies relevant to the site are: Policy 9: 9 (a)Development proposals will result in sustainable reuse of brownfield/vacant land Policy 13: 13(b) Development proposals will be supported where it can be demonstrated that the transport requirements generated have been considered in line with the sustainable travel and investment hierarchies e.g. Will be accessible by public transport. 13(e) Development proposals which are ambitious in terms of low/no car parking will be support in urban locations that are well served by sustainable transport modes. Policy 15: Local Living and Twenty Minute Neighbourhoods – that developments consider existing settlement pattern and provide connectivity including local access to sustainable modes of transport e.g. Walking, cycling and public transport, employment, shopping and other public facilities such as health and social care. Policy 16 Quality Homes – this policy aims to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes in the right locations, providing choice of tenures. 16 c) iv) Development proposals for new homes that improve affordability and choice by being adaptable to changing and diverse needs, and which address identified gaps in provision. 16 e) Development proposals for new homes will be supported where they make provision for affordable homes to meet an identified need. 16 g) Householder development proposals will be supported where they: i. do not have a detrimental impact on the character or environmental quality of the home and the surrounding area in terms of size, design and materials; and ii. do not have a detrimental effect on the neighbouring properties in terms of physical impact, overshadowing or overlooking. North Lanarkshire Local Development Plan 2022 5.3 At the time of application submission (February 2021) the site was designated in the North Lanarkshire Local Plan under policy HCF 2 A1 Sites for (Short-term) Housing which identified sites to meet short term housing. The planning policy position of the site subsequently changed with the adoption in July 2022 of the North Lanarkshire Local Development Plan (LDP) - adopted July 2022. At that time the site was also listed as part of the SHIP programme (Social Housing Investment Programme) as a site for affordable housing for rent. 5.4 The site is now designated within the LDP under Placemaking Policy 1C. Mixed Use Centres (Local Centre) in an area which also includes the adjacent pub and a row of five shop units to the north. Policy PP 1C Purpose of Place states that North Lanarkshire Council will encourage a range of uses and level of development in such locations to meet local needs directing significant footfall uses to town centre locations. The policy includes housing as an appropriate use subject to other material planning considerations such as scale and quality of development. Policy AD 1C Amount of Development sets thresholds for Use Class 9 (housing including flats) under which the proposal is acceptable at the location at the scale of development proposed. 5.5 Local Development (policy EDQ3 Quality of Development) also applies and advises development will only be permitted where high standards of site planning and sustainable design are achieve and that proposed development takes account of site appraisal characteristics set out in policy EDQ1. Page 14 of 38
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6. Consultations 6.1 NLC Environmental Health (Pollution Control) - site investigations confirmed potential site contaminants and naturally occurring methane gas. A site remediation strategy required and future implementation of this is addressed by planning conditions. A Noise Impact Assessment was requested due to the proximity of the public house and following lengthy discussion upgrades to the noise mitigation measures originally proposed have been made. Mitigation measures in the form of acoustic barriers (fencing) and window glazing treatment have been proposed. In addition, the applicant has concluded a private legal agreement with the owners of the adjacent public house (which includes a function room closest to the application site) to allow them access to undertake a range of noise mitigation works to the fabric of the building including new windows and sound proofing to the walls and roof. These works need to be undertaken and completed before anything else happens on site. 6.2 NLC Roads and Transportation - raised issues during the original consultation (2021) of whether the development would result in a lack of parking for the public house and sought confirmation that adequate parking remained. A parking standard of 1.5 spaces for each two-bedroom flat was sought and five additional visitor parking spaces amounting to twenty seven parking spaces as opposed to the twenty originally proposed and recommended refusal due to parking levels not meeting this standard. The applicant has subsequently increased the number of parking spaces to twenty two. This issue is discussed in the Planning Assessment section of this report. 6.3 NLC New Supply Team (Affordable Housing) - the site is within the Cumbernauld Housing Sub-Market Area where the Contributions to Infrastructure CI (Affordable Housing) Policy applies. This requires that commercial sites for sale should provide 20% on-site affordable housing provision. The applicant has however indicated that the site as being wholly for use by a social housing provider. A planning condition has been imposed specifying that the flats, if developed, will be delivered to a Registered Social Landlord. This ensures compliance with the Council’s Affordable Housing Policy. If this is not to happen, the applicant will need to apply to delete this planning condition and at that time a different mechanism for complying with the policy can be secured (most likely the payment of a commuted sum towards affordable housing). 6.4 NLC Education advised that there is currently sufficient capacity in both primary and secondary schools to accommodate the development. Should the development not take place within five years of the consultation response however the matter will require to be reviewed and a developer contribution may be required. 6.5 Coal Authority initially objected to the application. Following submission of a Site Investigation report confirming that the ground was in a stable condition for the proposed development this objection was withdrawn. 7. Representations 7.1 6 letter(s) of representation received. Comments in several letters raised similar issues or concerns. The matters raised are summarised and addressed below: • Proximity of the development to neighbouring residential properties and adverse impact on property values. Impact on privacy of existing properties. Comment: The distance between the nearest corner of proposed residential block and nearest dwelling (No. 14 Montrose Gardens) is 7.5 m. The property contains several gable-end windows on each floor – however these are at an oblique angle to the flats and would be acceptable in planning terms. The position of the proposals windows is also oblique to the rear windows of dwellings further along 14- 22 Montrose Gardens. The flats would overlook rear gardens of these properties (14-22) however this is acceptable in planning terms. No objections are recorded to have been lodged from these addresses. Most dwellings to the east, also in Montrose Gardens and in Corrie Road are at a further acceptable distance due to long rear gardens. Privacy considerations are based on impacts on Page 15 of 38
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habitable rooms. Impacts on adjacent property values is a subjective matter and is not a material planning consideration. • The height of the development is overbearing and will result in loss of sunlight to existing residential property. Comment: The proposed height is not excessive for the location and is similar in height to a flatted block immediately to the west and a four storey block beyond the public house on Balmalloch Road. • An existing line of trees would be removed and result in adverse impact on bird life and residential privacy and amenity. A strip of land at the rear of the development has potential for loitering and anti-social behaviour. Comment: The development does encroach onto the grass land strip at the rear by approximately 4 metres where there is some hedging and four to five mature or semi-mature trees. along the southern boundary are some semi-mature trees and shrubs. The site boundary at the rear stops 4.5 metres from the rear gardens boundaries of the dwellings and is outwith the application site however if the applicant owns this land they could remove the trees without the need for planning permission. The southern boundary is within the application site however the landscaping scheme shows the majority of the trees and shrubs being retained or replaces by new landscaping including trees. • Noise from building work and from the completed development and the site is too small for the development and will generate additional traffic and noise. Comment: A planning condition is included requiring a Construction Method Statement which amongst other matters would be required to reduce noise during construction. Parking and access is to the front of the development and away from existing dwellings. Any other excessive noise e.g. matters of anti- social behaviour are for a landlord or a policing matter. 8. Planning Assessment 8.1 As previously stated under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, planning authorities are required to determine planning application proposals taking regard to policies within NPF 4 and the North Lanarkshire Local Development Plan. Determination should be in accordance with the Plan unless material considerations indicate otherwise. National Planning Framework 8.2 The proposal satisfies a number of policies within the National Planning Framework i.e. • Policy 9: 9 (a)Development proposals will result in sustainable reuse of brownfield/vacant land. This site is an area of unused land in the urban area. • Policy 13: 13(b) Development proposals will be supported where it can be demonstrated that the transport requirements generated have been considered in line with the sustainable travel and investment hierarchies. This proposal is well located so that travel by means other than private car will be possible. • Policy 13: 13(e) Development proposals which are ambitious in terms of low/no car parking will be support in urban locations that are well served by sustainable transport modes. Again, being well located close to amenities and local facilities means that sustainable forms of transport are an option. • Policy 15: Local Living and Twenty Minute Neighbourhoods. The site is well located in this regard. • Policy 16 Quality Homes – this policy aims to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes in the right locations, providing choice of Page 16 of 38
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tenures. The applicant intends to deliver the completed development to a Registered Social Landlord (RSL). Former North Lanarkshire Local Plan 2012 8.2 The site was allocated at the time of the application within the North Lanarkshire Local Plan 2012 under policy HCF 2A1 (Sites for Short-Term Housing) and was included the council SHIP (Strategic Housing Investment Programme) affordable/social housing. This opens access to financial support to bring forward such developments. During the time taken to assess the proposal (arising from the need to fully address noise arising from the pub and function rooms) the Local Development Plan has been adopted (2022) and the policy position has been amended. Similarly, the site’s position relative to the SHIP has changed with the site being removed from the SHIP. Inclusion in the SHIP relates to funding mechanisms for social housing and is not a planning matter. The reason given for removal of the site from the SHIP list was provided in April 2023 and at that time was stated to be that that there was potential noise from the public house; that there were underoccupied flatted blocks in several locations nearby and that demand was more toward lower-rise housing and a town centre location. 8.3 However, the applicant is keen to continue to investigate the delivery of the development for social housing, is engaged in discussions with a Registered Social Landlord (RSL) and the development has been assessed on this basis. Given this, the applicant has requested a longer implementation period should permission be granted, and this has been covered by planning condition (extending the standard time from 3 to 5 years). Local Development Plan 2022 8.4 The Local Development Plan 2022 identifies the site under Placemaking Policy 1C. Mixed Use Centres (Local Centre), Policies PP 1C Purpose of Place and AD 1C Amount of Development, Policy EDQ3 (Development Quality) and CI Contributions to Infrastructure also apply. 8.5 PP 1C encourages a range of uses and a level of development in these Centres to meet the needs of their localities, whilst directing significant footfall generating uses in line with the Town Centres First Principle.eg. Shops, other local facilities and housing. 8.6 AD 1C requires that applications for new development will be assessed for their implications related to the amount of development proposed. The need for assessment depends on the combination of type (Use Class), scale and location of the development. For housing the amount of development must be use appropriate for the site i.e. It is subject to other material considerations such as ensuring the proposal is does not overdevelop the site and has suitable design and layout. This has been achieved in this proposal. 8.7 Policy EDQ3 (Development Quality) requires development proposals to have high standards of site planning and sustainable design. In principle, residential development is appropriate to the surrounding residential area provided that it does not significantly impact on residential amenity. In planning terms, the distances to existing dwellings are acceptable in respect of privacy, overlooking and overshadowing and the design, layout and landscaping proposals are acceptable. 8.8 Policy CI Contributions to Infrastructure advises that the council will seek developer contributions for new developments that generate a requirement for new or enhanced infrastructure or services, such as Affordable Housing in Cumbernauld Housing Sub Market Area, Education, Transport, Green Infrastructure, Amenity Space and Play Provision. In terms of the above-mentioned infrastructure, the developer is fulfilling the affordable housing requirement in that the proposal is wholly for affordable/social housing (the completed development will be delivered to an RSL) and Learning Services have advised that there is currently no need for a developer contribution. Play Services have requested a contribution to local play area provision at the rate of £250 per dwelling (£4500 in total) and the applicant has agreed to meet this conrtibution. 8.9 Regarding policy EDQ3 Quality of Development the proposed layout, is considered to comply with Council's space standards for residential development, the layout is acceptable regarding there being no potential amenity issues such as privacy/overlooking in material planning terms. Amenity landscape planting is proposed and is required by planning condition around sensitive boundaries of the site. In terms of design, the proposed dwellings are taller at three storeys than the two storey dwellings to the Page 17 of 38
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north-east, east and south however at a slightly lower ground height. Three and four storey flatted property is present to the west across Balmalloch Road and to the north of the public house therefore design height is not incompatible with the general locale, the lower level of the site compensating slightly in respect of the two-storey housing. Therefore, it is considered that the positioning, height, scale and massing of the proposed fronting blocks is acceptable in terms of the existing streetscape and topography. The proposal is in keeping with what is a predominantly surrounding residential area. Other Material Planning Considerations 8.10 The two significant material planning considerations are in relation to the amount of car parking and the potential noise for the residents of the proposed development from the nearby public house. Noise mitigation has been the subject of extensive discussions between the applicant and Planning and Protective Services. Following a number of proposed amendments to the noise reduction measures these are assessed as being acceptable. The applicant has been in discussions with the owners of the public house and has offered to fund and implement noise sound proofing to reduce noise from events within the premises. The applicant has provided a unilateral legal agreement with the owners of the public house to confirm their agreement. A planning condition requires that development would not commence on site until the mitigation works are fully implemented, completed and verified. 8.11 Roads and Transportation Services raised concerns regarding the amount of parking being provided for the development - twenty spaces instead of the required twenty-seven spaces. As a result, the applicant has amended the site layout to create two additional spaces. The numbers are still less than the current parking standard however the site is for social housing where car ownership is normally less than other tenures and the development is adjacent to a bus route and within walking distance of local shops and a reasonable distance to Kilsyth town centre. Additionally, the National Planning Framework now supports at developments which have low/no car parking in urban locations that are well served by sustainable transport modes. (NPF4 Policy 13(b) and 13(e) . 8.12 As advised above the application was previously included on the Council’s Social Housing Investment Programme (SHIP) but was removed at the most recent review of the list of sites. The applicant has advised that the Registered Social Landlord they are working with are reapplying for inclusion of the SHIP which would allow additional financial support towards the development proposal. As such the applicant has requested that the normal planning permission for three years should be extended. A planning condition has been included to extend the planning permission to five years from the date of any permission. 9. Conclusions 9.1 The proposed development meets the criteria set out in the relevant policies contained within the North Lanarkshire Local Plan Development Plan 2022 and with the implementation of the attached planning conditions. 9.2 The proposed development is in accordance with National Planning Framework 4 (NPF4) Policy 16 to deliver high quality sustainable and affordable homes. The proposal is also in accordance with policies PP3 General Urban Areas - Purpose of Place, AD3 General Urban Areas - Amount of Development, EDQ3 Quality of Development, and C1 - Contributions to Infrastructure of the North Lanarkshire Local Development Plan (2022). 9.3 It should be noted that if Committee is minded to approve permission, the decision notice will not be issued until a Legal Agreement is concluded in relation to a contribution for off-site play provision. Page 18 of 38
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Application No: 23/00815/FUL Proposed Development: Two dwellinghouses Site Address: Land To The Rear Of 200 Bonkle Road Newmains Date Registered: 22nd February 2024 Applicant: WB Properties Scotland Ltd. Daldraco 3 Birniehill Road Hareshaw North Lanarkshire ML1 5GX Agent: N/A Application Level: Local Application Contrary to Development Plan: Yes Ward: 20 Murdostoun Robert John McKendrick, Cameron McManus, Louise Roarty, Nicky Shevlin Representations: 7 letter(s) of representation received. Recommendation: Refuse Reasoned Justification: The proposal would involve the construction of two large detached houses within the Green Belt in circumstances which do not satisfy any of the policy requirements for housing in the Green Belt and it is not considered that there are material considerations justifying a development of this nature. Furthermore, the application site is within a SINC and wildlife corridor, and its development along with the significant associated earthworks would be likely to have a detrimental impact upon these natural heritage assets. Accordingly the proposal is contrary to policies 3 (Biodiversity), 4 (Natural Places), 8 (Greenbelts) and 16 (Quality Homes) of National Planning Policy Framework 4 and to North Lanarkshire Local Development Plan 2022 greenbelt policies PP4, AD4 and protecting natural environment policy PROT A. Page 19 of 38
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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: 23/00815/FUL Name (of applicant): WB Properties Scotland Ltd Site Address: Land To The Rear Of 200 Bonkle Road Newmains Development: Two dwellinghouses Page 20 of 38
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Recommendation: Refuse for the Following Reasons:- 1. The proposal would be contrary to National Planning Framework 4 policies 8 (Greenbelts) and 16 (Quality Homes) and to North Lanarkshire Local Development Plan greenbelt policies PP4 and AD4, as it would result in unjustified housing development within the Green Belt. 2. The proposal would be contrary to National Planning Framework 4 policies 3 (Biodiversity) and 4 (Natural Places), and to North Lanarkshire Local Development Plan protecting natural environment policy PROT A in that it would give rise to detrimental impact upon a wildlife corridor and designated Site of Importance for Nature Conservation. Page 21 of 38
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Background Papers: Consultation Responses: The Coal Authority, response dated 19 March 2024 Archaeology Service, response dated 7 March 2024 Environmental Health (including Pollution Control), response dated 12 March 2024 Traffic & Transportation, response awaited at time of writing Contact Information: Any person wishing to inspect these documents should contact Keith Bathgate at planningenquiry@northlan.gov.uk Report Date: 27 May 2024 Page 22 of 38
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APPLICATION NO. 23/00815/FUL REPORT 1. Site Description 1.1 The application relates to an area of undeveloped land at the end of Hawthorn Avenue, on the southern edge of Newmains. It borders the back gardens of houses on Bonkle Road to the north west, a small parking area and further undeveloped land to the south west (with houses on Hawthorn Avenue and a playing field a short distance beyond), and the steep-sided valley of the Auchter Water / Crindledyke Burn to the east. The site is roughly square in shape and extends to approximately 0.19ha. It is overgrown in long grass and rosebay willowherb with a few small trees / shrubs. The land falls from its northern corner (adjacent to the parking area) down towards the watercourse to the east of the site. 2. Proposed Development 2.1 The application seeks full planning permission for two houses with associated garages, access and land engineering works. The two houses would be of the same type but handed differently, and would be large six-bedroom, two storey detached properties. Each house would have a detached single garage of almost double-garage proportions in their back garden. The houses would be accessed by a shared private drive continuing from the car park at the end of Hawthorn Drive, and the frontage of the houses would face north-west towards the rear of houses on Bonkle Road. Due to the slope of the land some cut and fill would be needed to create level ground for the buildings, with the western house involving excavation of up to approximately 1m, and the eastern house requiring land raising and underbuilding next to the valley, as well as two garden retaining walls of up to 2m. Details of precise materials and boundary treatments have not been provided at this stage, but the houses in the surrounding area feature a mixture of materials and wall / fence types. 3. Applicant’s Supporting Information 3.1 The application is supported by an ecology report, a drainage strategy and a coal mining risk assessment. Two supporting letters from members of the landowner's family have also been provided by the applicant. 4. Site History 4.1 An application for outline planning permission for residential development of a substantially larger 1.5ha site along the western side of the Auchter Water burn, of which the current application site forms a part. That application (02/01056/OUT) was called in by the Scottish Ministers and refused in 2004 on the grounds that the site was within the Green Belt and a SINC. 4.2 An application for two houses almost identical to the current proposal was submitted by the land owners in 2021 (reference 21/00545/FUL), but was deemed to be withdrawn due to lack of information required for validation. Page 23 of 38
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5. Development Plan National Planning Framework 4 3 (Biodiversity) 4 (Natural places) 8 (Green belts) 14 (Design, quality and place) 16 (Quality homes) North Lanarkshire Local Development Plan 2022 PP4 (Green Belt – Purpose of Place) AD4 (Green Belt – Amount of Development) PROM LOC3 (Housing Development Sites) PROT A (Natural Environment and Green Network Assets) EDQ1 to EDQ3 (Environmental and Design Qualities) 6. Consultations 6.1 The Coal Authority has no objection to the application. It is noted that the coal mining risk assessment concludes that the stability of the site would not be affected by any historic mine workings. 6.2 The Environmental Health Service has no objection subject to a condition requiring that comprehensive site investigation for potential contaminated land be submitted and approved prior to development commencing. 6.3 The council’s Archaeology service provider has no objection to the application but has noted that the site has potential to contain medieval remains on national significance, and therefore recommends a condition requiring archaeological investigations prior to any commencement of development. 6.4 The Transportation Service had not yet responded at the time of writing. Any relevant information will therefore be reported to the Committee orally. 7. Representations 7.1 Seven representations have been received, all of which object to the application for reasons which can be summarised as follows: • Loss of privacy due to new houses facing directly into the rear gardens and windows of existing houses on Bonkle Road; • Height of proposed two storey houses, which are out of character with surrounding houses and will tower over neighbouring bungalows; • Loss of sunlight and overshadowing of existing bungalows / gardens on Bonkle Road; • Adverse impact on wildlife and biodiversity. The site is within an area inhabited by nesting birds, deer and various small animals; • Development will obstruct a route used for dog walking; • Contrary to Green Belt policies; • Planning permission for housing on this site was previously refused by the Scottish Ministers; • Noise and disruption during construction period; and • Site boundary drawn incorrectly on plans. Page 24 of 38
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8. Planning Assessment Development Plan Policy 8.1 Under section 25 of the Town and Country Planning (Scotland) Act 1997 applications for planning permission are required to be determined in accordance with the policies of the development plan unless material considerations indicate otherwise. The development plan comprises National Planning Framework 4 (NPF4) and the North Lanarkshire Local Development Plan 2022 (the LDP), with the former taking precedence in the event of any conflict between policies. 8.2 The application site is within the designated Green Belt. NPF4 policy 8 seeks to promote compact urban growth by restricting development within the Green Belt to specified types and circumstances, which in the case of residential development are limited to houses required for key workers in countryside businesses (e.g. farming and forestry), replacements for existing dwellings and conversions of suitable existing buildings. Policy 8 also requires that development proposals must demonstrate that a Green Belt location is essential as the development could not be accommodated on an alternative site, and that the proposal should not undermine the purpose of the Green Belt. LDP policies PP4 and AD4 are substantially similar in effect, in relation to housing development in the Green Belt. The application proposal does not involve a type of residential development allowed by these policies, and it is considered that the applicant has not demonstrated a requirement for a Green Belt site. Furthermore, allowing incremental housing development on the edge of the settlement boundary would undermine one of the purposes of the Green Belt, i.e. to protect the countryside around town from unplanned encroachment. In this case, whilst the proposal would not significantly extend the urban area or affect the landscape setting of the settlement, it would cause the urban area to encroach into the valley of a watercourse which forms a natural boundary for this part of the settlement. Accordingly, the proposal is contrary to NPF4 policy 8 and to LDP policies PP4 and AD4. 8.3 National policy on new housing development is contained in NPF4 policy 16, which sets out the means by which LDPs should establish a deliverable housing land pipeline to meet local housing needs. Proposals for new homes on land which is not allocated for housing in the LDP will only be supported in limited circumstances, such as where the proposal is within an existing settlement boundary or is consistent with the policy on rural homes, neither of which is the case for this proposal. The policy does support new homes which address identified gaps in provision, including as wheelchair accessible homes, however as discussed below it is no considered that the circumstances of this application provide such a justification. As the application site is Green Belt land outwith the settlement boundary the relevant LDP housing policy PROM LOC3 indicates that housing development will only be supported where this complies with policies PP4 and AD4, which (as explained above) this proposal does not. The proposal is therefore contrary to both NPF4 policy 16 and also to LDP policy PROM LOC3 (although the latter policy has in practice been superseded by NPF4 policy 16 for reasons which do not relate directly to this proposal). 8.4 The application site lies within a larger area along the valley of the watercourse which is designated as a Site of Interest for Nature Conservation (SINC). The SINC designation lists this area as being of interest due to its running water and grassland habitats. NPF4 policy 3 seeks to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. Development proposals should avoid potential adverse impacts and should contribute to the enhancement of biodiversity including strengthening nature networks and the connections between them. Local development proposals should include appropriate measures to conserve, restore and enhance biodiversity. NPF4 policy 4 seeks to protect and enhance natural assets, and includes a requirement that development proposals which affect local nature conservation sites will only be supported where it does not have significant adverse effects on the integrity of the area or any significant adverse effects are clearly outweighed by social, environmental or economic benefits. LDP policy PROT A3 indicates that planning permission will only be granted for development affecting locally designated nature sites (such as SINCs) or urban green network sites (such as urban wildlife corridors) if it can be demonstrated that there will be no adverse impact or that such impacts can be mitigated against. The applicant has provided a Preliminary Ecological Assessment which concludes that the impact on the SINC would be limited (discussed below), however it is considered that the proposal would encroaches into a grassland area forming part of the already narrow valley of a watercourse and risks eroding its connectivity with the South Calder Water SINC to the north. Accordingly, it is considered that the proposal is contrary to NPF4 policies 3 and 4, and to LDP policy PROT A. Page 25 of 38
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8.5 NPF4 policy 14 supports well designed development which makes successful places. Development proposals are to be designed to improve the quality of their area, and should deliver the six qualities of successful places (i.e. healthy, pleasant, connected, distinctive, sustainable and adaptable). Proposals which are poorly designed or detrimental to the amenity of the surrounding area will not be supported. LDP policies EDQ1 and EDQ3 collectively have similar requirements, specifying that development proposals be subject to an appropriate site appraisal and achieve a high quality of development. The proposed houses would be of a style and layout which is in keeping with the existing mixture of building types in the vicinity, and the impact on existing neighbouring houses would be acceptable. Overall, it is not considered that there would be any conflict with NPF4 policy 14 or with the LDP EDQ policies. Applicant’s Circumstances 8.6 The applicant is a housebuilding company, however supporting letters were provided from the existing landowners and one of their daughters, which indicate that the two houses are intended to be occupied by the families of the landowners’ two adult daughters. The landowners live in Bonkle Road close to the site, and one of their grandchildren requires ongoing care and has mobility difficulties. Currently that household are living in a flat which is unsuitable for their needs because it is located on an upper floor and is relatively small. The landowners wish to provide a more satisfactory home for their daughter’s family at a location where immediate 24-hour support would be available from their other daughter’s family to help care for the disabled child. To this end they have attempted to purchase two proximate houses (one for each of their daughters’ families) but have not been able to secure suitable properties. Therefore, it is proposed to build two large family homes on the application site, so that the two families can live immediately adjacent to each other and thus ensure that additional support and respite care is always available. 8.7 These submissions are noted and there must obviously be sympathy towards the family’s wish to provide better accommodation and care for a disabled person, however the circumstances described are not considered to justify a proposal which is contrary to development plan policy. It is considered the scale and type of housing proposed appears excessive and disproportionate to the reasons set out in the supporting statement. In addition there does not appear to have any bespoke design incorporated for the needs of the disabled person. Notwithstanding this it is considered that there are other ways to obtain new build properties in proximity to one another. 8.8 The personal circumstances described therefore do not demonstrate that there is no alternative to building houses on a site which is within both the Green Belt and a SINC, and it is not considered that these circumstances would justify allowing the development of housing on a site which is contrary to development plan policies as described above. Ecology 8.9 The Preliminary Ecological Impact Assessment provided by the applicant was undertaken during 2021 and survey work would therefore require to be updated before any development could take place. The 2021 survey found no evidence of protected flora or fauna on the site, and although there was evidence of protected otters in the nearby Auchter Burn the site itself did not provide suitable otter habitat. The site does contain potentially suitable habitat for various species of birds, badgers, small mammals and invertebrates, but the Assessment concluded that the habitats provided are not rare and as the site is relatively small the impact of its loss would not be significant. In terms of impact on the designated SINC, the Assessment concluded that as the site is adjacent to the built-up area and on higher ground than the riparian corridor which is the core of the SINC, its development would not result in fragmentation of the SINC. Whilst all of that is noted, the SINC designation covers not only the watercourse but also areas of natural space along its banks which act as a green buffer and contribute to the value of the watercourse as a wildlife corridor. The SINC is already constrained in its width just to the north of the site, where the burn passes under Bonkle Road, and it is considered that removing this area of land would further constrain the width of the wildlife corridor. Whilst the site is on higher ground than the watercourse, the proposal involves significant earthworks including large underbuilding / retaining structures within the valley of the watercourse. Overall, the proposal would inevitably have a detrimental impact upon wildlife habitats forming part of a designated SINC, and as such the proposal is contrary to the policies outlined above. Page 26 of 38
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Design and Amenity 8.10 The proposed houses would be positioned behind existing bungalows on Bonkle Road, but they would not be readily visible from that street. Rather, the houses would effectively become an eastward extension of Hawthorn Avenue, with its existing two-storey terraced houses. There is a mixture of house types and sizes in the surrounding area and the design and layout of the proposal is not considered to conflict with the amenity or character of the adjoining residential area. Objectors have expressed concern about overlooking of the back gardens of houses on Bonkle Road, but the nearer of the new houses would be at least 17m back from the rear boundaries of the existing houses, and over 30m from the rear elevation of the nearest house. These separation distances are well within the Council’s acceptable minimums for new housing development, and by the standards of most urban housing the gardens would be sizeable and the buildings well-separated. It is acknowledged that neighbouring residents who currently back onto open space would inevitably experience a loss of outlook from their rear windows and a greater degree of overlooking of their garden if the adjacent land is developed for hosing, but overall the proposal provides adequate privacy and there would be no impact upon sunlight or daylight. The impacts of the proposed development upon the amenity of neighbours is therefore considered to be acceptable. Technical Consultations 8.11 The proposed drainage arrangements (a mains sewer connection for foul sewage and SUDS for surface water) are considered to be appropriate, and the Coal Authority is content with the conclusion of the coal mining risk assessment that there are no shallow mineworkings under the site. The Environmental Health Service has indicated that a site investigation for potential contaminated land would be required, however that would normally be a matter capable of being addressed by a condition. The Transportation Service had not yet responded at the time of writing this report, however the access arrangements do not present any obvious difficulties, and any relevant update to this position will be reported to the Committee orally. Overall, the technical aspects of the proposal appear to be acceptable. Representations 8.12 Issues raised by objectors which are addressed earlier in this report including • the design of the proposed houses • impact on the amenity of neighbour • the impact on wildlife and • non-compliance with Green Belt policies, Other matters raised by objectors were as follows: • Development will obstruct a route used for dog walking Response: Several informal paths are present in the grass on the west side of the Auchter Burn, and the development of the site would affect some of these. However, the paths do not appear to have any formal status and it is not considered that their loss would significantly affect the availability of recreational or dog-walking routes in the area. • Planning permission for housing on this site was previously refused by the Scottish Ministers; Response: The 2002 refusal of outine planning permission has been noted above. Since that time there have been numerous changes in planning policy and the current proposal is for a significantly smaller area, so it requires to be considered afresh. However, as noted above the site remains within the Green Belt and it is recommended that the current application also be refused. • Noise and disruption during construction period; Response: Some disruption is inevitable during development, but that is not a sufficient reason to prevent development from taking place. • Site boundary drawn incorrectly on plans; Response: The plans have since been amended to show a corrected ownership boundary. Page 27 of 38
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9. Conclusions 9.1 The proposal would involve the construction of two large detached houses within the Green Belt in circumstances which do not satisfy any of the policy requirements for housing in the Green Belt and it is not considered that there are material considerations justifying a development of this nature. Furthermore, the application site is within a SINC and wildlife corridor, and its development along with the significant associated earthworks would be likely to have a detrimental impact upon these natural heritage assets. Accordingly the proposal is contrary to policies 3 (Biodiversity), 4 (Natural Places), 8 (Greenbelts) and 16 (Quality Homes) of National Planning Policy Framework 4 and to North Lanarkshire Local Development Plan 2022 greenbelt policies PP4, AD4 and protecting natural environment policy PROT A. Page 28 of 38
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Application No: 24/00369/FUL Proposed Development: Change of Use from Estate Agents to Café Site Address: 148 Cumbernauld Road Muirhead G69 9DX Date Registered: 10th April 2024 Applicant: The Old Bank Cafe 148 Cumbernauld Road Muirhead G69 9DX Agent: N/A Application Level: Local Application Contrary to Development Plan: No Ward: 05 Stepps, Chryston And Muirhead John McLaren, Josh Cairns, Claire Louise Williams, Representations: 47 letter(s) of representation received: (20 letters of objection and 27 letters of support were received (including objection from Cllr McLaren)) Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed change of use is acceptable as it could be accommodated within the site without having a negative impact on Mixed Use Centres as well as neighbouring properties. As such, the proposal accords with the policy provisions of the North Lanarkshire Local Development Plan 2022 Page 29 of 38
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Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396. Planning Application: 24/00369/FUL Name (of applicant): The Old Bank Cafe Site Address: 148 Cumbernauld Road Muirhead G69 9DX Development: Change of Use from Class 1 to Class 3 - Proposed 'Sit In' For Coffee Shop Page 30 of 38
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Proposed Conditions:- 1. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. Reason: To clarify the documents on which this approval of permission is founded. 2. That the opening hours of the premises hereby granted planning permission shall be limited to between 8am until 4pm Monday to Saturday and 9am until 3pm on Sunday, unless otherwise agreed in writing by the Planning Authority. Reason: In the interests of amenity 3. That the permission hereby granted relates to a change of use only and, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no alterations shall be made to the external appearance of the building. Reason: To define the permission Background Papers: Consultation Responses: Food Safety / Business Regulations dated 9 May 2024 Traffic & Transportation dated 08 May 2024 Contact Information: Alex Reid at planningenquiry@northlan.gov.uk or 01236 632487 Report Date: 28th May 2024 Page 31 of 38
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APPLICATION NO. 24/00369/FUL REPORT 1. Site Description 1.1 The application site is situated on Cumbernauld Road, Muirhead, Chryston. The property is situated at the end of a two-storey traditional terraced development consisting of a mix of use classes such as Shops and Financial, Professional, Business and Residential. North of the site is a public park including play park. There is a residential flatted block to the east of the site. 2. Proposed Development 2.1 The application seeks full planning permission in retrospect for a Change of Use from and Estate Agents to a Café. 3. Applicant’s Supporting Information 3.1 The applicant advises that the operating hours of the business is Monday to Saturday from 8am to 4pm and Sunday from 9pm to 3pm. 3.2 A Planning statement was received from the applicant. Details of the statement are as follows: 3.3 What the business offers • The aim is to provide a local hub offering alternative options to the local and surrounding areas. • Cater for gluten free and vegan dietary requirements. • The business does not offer fried foods with no intention to utilise this method. The application is for seating only for customers. • Used coffee beans are donated to local community gardens which help reduce carbon footprint. • The business uses social media to help promote active travel by walking to their premises for local customers. • Promote active travel by allowing dogs within the premises. 3.4 Equipment and Packaging • The business operates with a ‘Merry Chef Oven’ which provides ventless cooking. There is need for an extraction hood as the oven eliminates any unwanted odours. • All products are sold in fully sustainable packaging. 3.5 Employment • The business provides an economic benefit to the area as 6 local residents have been employed by the business. 3.6 Community Engagement • The business is strong on community engagement by allowing local podcasters regarding mental health to use the premises, CBT group therapy sessions for locals, partnering with Alzheimer’s Scotland to provide dementia friendly training to staff. Old Bank Coffee have been asked to attend upcoming school fayres for Chryston Primary School. 3.7 Public Transport • There is a bus stop directly opposite the premises used by First Express used by people coming from Glasgow. 200 yards west of the premises another bus stop used by Glasgow bound buses. Page 32 of 38
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3.8 Premises/Local businesses • Limited commercial units are available within the area. Many of which are currently operating within the food industry such as Indian takeaways, fish and chop shops and a fast-food sandwich shop. There are zero coffee shops within the area. 3.9 Parking • Directly outside the premises, there are double yellow lines restricting the ability for drivers to park. However, there is on street parking available on Cumbernauld Road as well as parking spaces available next to the park which all drivers have access to. • The coffee shops target audience are people on foot, e.g. parents taking kids to and from school, dog walkers or people out walking in general. • The business would like to work alongside the council to actively encourage more people to travel around the village without utilising motorised transport. 3.10 Existing and Proposed floor plans and elevations were received with the application. There are no external changes proposed as part of the development. 3.11 It should be noted a change of use from a Shop/office etc (Class 1A) to Café (Class 3) falls under permitted development unless it would result in the change of use of a building situated below any part of a dwelling or within 1m of a dwelling. This use restriction being a control mechanism to ensure that the implications on residential amenity are considered. Whilst it is the case that currently permission is required it should be noted that the owner of the residential property above the pharmacy has submitted a planning application seeking a change of use from residential to business (an existing adjacent office premises are looking to expand into this flat) planning ref: 24/00470/FUL. This application is still under consideration. 4. Site History • 04/01127/FUL Alterations to Building (Application permitted) • 05/01669/FUL Change of Use from Vacant Bank (Class 2) to Hot Food Takeaway (Application refused) 5. Development Plan 5.1 The site is covered by Mixed Use Centres within the Placemaking policies. The policies most relevant to this application are PP 1C Policy Purpose of Place and AD 1C Amount of Development. These policies aim to encourage a range of uses and a level of development in these centres to meet the needs of their localities. The Environmental Design Quality (EDQ) Policies apply to all developments. 6. Consultations 6.1 NLC Food Safety/Business regulations were consulted on 12 April 2024. A response was received on 9 May 2024 advising they have no objection to the proposal. 6.2 NLC Roads were consulted on 15 April 2024. A response was received on the 08 April 2024 advising the net increase in parking provision resulting from this change of use is 2 spaces. Whilst indicating that it was not clear whether off street parking is available, they note that some on street parking is available at Cumbernauld Road outwith the areas protected by ‘No waiting at any time parking restrictions.’ Their recommendation is no objections subject to the point above. 7. Representations 7.1 Standard Neighbour Notification letters were issued on the 10 April 2024, after receiving correspondence from a local resident stating some of the neighbours have not received any letters the neighbours were then renotified on the 14 May 2024. 20 letters of objection (including from Councillor McLaren) and 27 letters of support were received. Page 33 of 38
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For information the points of support can be summarised as follows: • An establishment that caters to everyone’s dietary requirements. • Business uses local produce. • Offers a different style of food to the area which is healthy and delicious. • The business is a great addition to the locality. • Fresh quality food on offer • Barista coffee offered which is something not available in the local area. • Business provides a hub for fostering community engagement and support. • The business promotes mental health awareness which is crucial in today’s society. • There has been no adverse impact on the traffic since the coffee shop opened. • Premises is now occupied which adds to the community, rather than an empty premise offering nothing. • Business encourages people to walk around the village which also encourages people to spend money in the local area as opposed to travelling out of the district. • Business offers a modern dimension to the village which was missing in the past. The objections raised can be fairly summarised as follows: • Proposed flue raises further environmental issues with the positioning and height. • Traffic and Parking issues. • Previous application was refused. • Safety of pedestrians and road users. • Odours from exterior flue. • Coffee Shop operating under the wrong use class. • If approved, it can then be changed to another hot food takeaway when the lease is up. 7.2 The following points were also raised but are considered as non-material considerations. • Proposed layout does not show number of tables. • No alternative fire exits. • Toilet facilities are restrictive for disabled access. • Too many food places already. • Litter and waste disposal, Bin lorry cannot access site. • Refuse collection at the front of the building. • Waste coming out of front door which is the same door the public use. • Bin bags at the front is undesirable. • People using the pharmacy will be forced to park further away. 8. Planning Assessment 8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues and can be assessed against the local plan. 8.2 The application site is in an area designated by Placemaking Policy (Mixed Use Centre) in the North Lanarkshire Local Development Plan. The local centres PP 1C Purpose of Place policy aims to encourage a range of uses and a level of development in these centres to meet the needs of their localities, whilst directing significant footfall generating uses in line with the Town Centres First Principle. The use is considered to comply with the aims of the policy and when considered against the Environmental Design Quality (EDQ) policies in the plan the retrospective change of use from Estate Agents to Café is considered to be acceptable and appropriate. There are no amenity or road safety considerations (parking, road or pedestrian safety) that would justify a refusal of planning permission. Page 34 of 38
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8.3 It is worth noting that had there been no flatted property in close proximity (above the adjacent pharmacy) then this development would not require planning permission i.e. it would be permitted development. The limitation on permitted development where a residential property is close by is a control measure to ensure the impacts on residential amenity of such changes are fully considered. In this case, given the operational model of the café it is considered that there will be no adverse impact on residential amenity. 8.4 The matters raised in the letters of objection are addressed in turn below. • Proposed flue raises further environmental issues with the position and height will be an eyesore to residents. Comment: Due to the equipment being used and the coffee shop not providing fried foods, there is no requirement of a flue. Food safety/Business regulations conducted a site visit, and they have no objections. • Traffic and Parking issues Comment: Roads were consulted and stated there is on street parking available outwith the ‘No waiting at any time parking restrictions. Roads have no objections to the proposal. It is viewed that there will be no significant increase in traffic. The coffee shop uses social media to promote walking to the premises to help limit any parking and traffic issues. Whilst the unit does not have access to off street parking, this was the same for the previous uses of the property. It is considered that the assessed additional parking demand created by the café use (2 spaces) can be accommodated within the locale. • Previous application was refused. Comment: An application was received in 2005, planning ref: 05/01669/FUL. It should be noted that this was for a different use entirely namely a hot food takeaway which has different parking and traffic generating characteristics which often result in unsuitable and inappropriate double parking. This application was refused as it was viewed as contrary to the Local Plan at that time namely the Northern Corridor Local Plan 2000. This current application is not for a hot food takeaway, the Local Plan has since changed and this application is not considered to be contrary to the North Lanarkshire Development Plan 2022. • Safety of pedestrians and road users Comment: It is viewed that this proposed change of use, would not impact the safety of pedestrians and road users. • Odours from exterior flue Comment: Due to the equipment being used. The Merry Chef Oven provides ventless cooking. There is no proposed exterior flue as it is not required. • Coffee Shop is operating under the wrong use class. Comment: The current application is in retrospect and follows complaints that were investigated by the planning service (24/00069/COMP) and seeks to ensure that the appropriate consent is in place. • If approved, it can then be changed to another hot food takeaway when the lease is up. Comment: It should be noted that the application is for a sit in coffee shop. A hot food takeaway is a different use class altogether so planning permission would be required to move from a café to a hot food takeaway. Page 35 of 38
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9. Conclusions In conclusion, considering all the circumstances relevant to this application, the change of use in retrospect is considered acceptable. The proposal will not have a detrimental effect on the neighbouring properties and character of the surrounding area, therefore, complies with policies PP 1C Purpose of Place (Local Centres, Mixed use) and AD 1C Amount of Development in North Lanarkshire Local Development Plan 2022 and the Environmental Design Quality (EDQ) Policies contained in the plan. Notwithstanding the objections received, taking account of the provisions of the development plan and all other material considerations, it is recommended that retrospective permission be granted subject to conditions. Page 36 of 38
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North Lanarkshire Council Report PLANNING COMMITTEE Agenda item _________ approval noting Ref Date 13/06/2024 PLANNING AND ENFORCEMENT NOTICE APPEALS LODGED From HEAD OF PLANNING AND REGENERATION Email humphriesp@northlan.gov.uk Telephone 01236 632487 Executive Summary 1. Purpose of Report 1.1 This report is to advise the Committee of the undernoted planning appeals recently lodged with the Scottish Ministers. Recommendations It is recommended that the Committee notes the position. Background Application No. Applicant Date of Council Form of Note & Proposal & Site Decision Appeal 23/01054/AMD Erection of 1 no. Industrial Unit including Access Road, Path, Fence, Yard, Parking and Infrastructure (Amendment to planning permission 22/00362/FUL) Wemyss Properties Limited Land South Of Hagmill Road Shawhead Coatbridge ML5 4XD N/A Written Submission Appeal against conditions imposed PAMELA HUMPHRIES CHIEF OFFICER (PLACE) Item 3 Page 37 of 38
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