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Agenda Document Pack - Planning Committee - 13/06/2024

North Lanarkshire Council · 13 June 2024
Back to Planning Committee — 13 June 2024 and its agenda

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Page 1

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.  
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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 
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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

Page 6

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 
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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 
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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   
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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. 
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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. 
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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 
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Contact Information: 
Mark Forrest at planningenquiry@northlan.gov.uk or 01236 632487 
Report Date: 
31st May 2024
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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. 
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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. 
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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
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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
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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
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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

Page 19

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

Page 20

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

Page 21

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

Page 22

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

Page 23

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

Page 24

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

Page 25

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

Page 26

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

Page 27

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

Page 28

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

Page 29

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

Page 30

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

Page 31

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

Page 32

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. 
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Page 33

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. 
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Page 34

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. 
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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. 
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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. 
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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
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