Agenda Document Pack - Planning Committee - 15/08/2024
North Lanarkshire Council · 15 August 2024
Back to Planning Committee — 15 August 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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6 August 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, 15 August 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, L Mitchell, J Reddin, D Robb, A Smith, G Woods. Page 1 of 74
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Agenda 1 Declarations of Interest In Terms of the Ethical Standards In Public Life Etc. (Scotland) Act 2000 2 Planning Applications Index Submit Planning Applications Index 5 - 74 Page 3 of 74
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North Lanarkshire Council Planning Applications for consideration of Planning Committee Committee Date: 15th August 2024 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved Item 2 Page 5 of 74
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APPLICATIONS FOR PLANNING COMMITTEE 15th August 2024 Page No Application No Applicant Development/Site Recommendation 8-17 23/00651/FUL Mr Barry Robertson Construction of 1.5 Storey Building Consisting of Commercial Tattoo Studio & Two Bedroom Flat Land At, 6 Moorpark Avenue, Muirhead G69 9DZ Grant 18-39 23/00992/FUL RAW Plant Recycling Ltd Extraction of Colliery Shale from Disused Coal Mine and Rock from Disused Quarry Face together with Agricultural Improvement Works and Restoration of Colliery Site Dewshill Farm Forrest Road Salsburgh ML7 4NY Grant 40-48 24/00043/FUL Renewable Connections Developments Ltd Proposed Battery Energy Storage System (BESS) and Associated Access Land At Burnbank Street Greenhill Coatbridge Grant 49-61 24/00182/FUL North Lanarkshire Council Construction of Community Hub Comprising a Replacement St Stephen's Primary School, the Language and Communication Support Centre (LCSC) and associated LCSC Provision, a Nursery Class, Community Facilities and Corresponding Sports Amenities, together with a Fully Landscaped Site for the School and Associated Car Parking and Drop Off St Stephen's Primary School Sikeside Street Sikeside Coatbridge ML5 4QH Grant Page 6 of 74
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62-74 24/00268/FUL North Lanarkshire Council Extension to School Teaching Facilities, New Sports Facilities and a New Early Years Facility Chryston High School Lindsaybeg Road Chryston G69 9DL Grant Page 7 of 74
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Application No: 23/00651/FUL Proposed Development: Construction of 1.5 Storey Building Consisting of Commercial Tattoo Studio & Two Bedroom Flat Site Address: Land At 6 Moorpark Avenue Muirhead G69 9DZ Date Registered: 17th July 2023 Applicant: Mr Barry Robertson Sacramental Tattoos 18 Drumsack Avenue Chryston Glasgow G69 9AR Agent: Luke McLeish McLeish Architectural Design Ltd 22 Eriskay Avenue Hamilton South Lanarkshire ML3 8QB Application Level: Local Application Contrary to Development Plan: No Ward: 05 Stepps, Chryston and Muirhead John McLaren, Josh Cairns, Claire Louise Williams Representations: 12 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The proposal is considered acceptable in terms of the criteria set out in the relevant policies contained within the North Lanarkshire Local Development Plan (2022). The proposed development is unlikely to have an adverse impact on the surrounding mixed- use area. Page 8 of 74
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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: 23/00651/FUL Name (of applicant): Mr Barry Robertson Site Address: Land At 6 Moorpark Avenue Muirhead G69 9DZ Development: Construction of 1.5 Storey Building Consisting of Commercial Tattoo Studio & Two Bedroom Flat Page 9 of 74
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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:- 0009 - ELEV – 01A, 0009 - Exist.SP – 01A, 0009 - FF - PLAN – 01A, 0009 - GB - PLAN – 01A, 0009 - GF - PLAN – 01A, 0009-Prop.SP-01 G and 0009 - Loc.P1-01 D. Reason: To clarify the drawings on which the approval of permission is founded. 2. That BEFORE any works start on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by CIRIA in March 2000. Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection. 3. That PRIOR to commencement of the development, a site-specific ground gas risk assessment requires to be carried out to determine the precise level of gas protection required, which should be submitted to and approved in writing by the planning authority. Gas protection measures, equivalent to at least Characteristic Situation 2, are highly likely to be required to be incorporated into the development in line with ‘Ciria 665: Assessing Risks Posed by Hazardous Ground Gases to Buildings”. Reason: To enable the Planning Authority to consider these aspects in detail. 4. That PRIOR to commencement of the development, a gas verification plan should be submitted to and approved in writing by the planning authority. Gas protection measures should be validated in terms of the requirements of “Ciria C735: Good Practice on the Testing and Verification of Protection Systems for Buildings and Against Hazardous Ground Gases”. Reason: To enable the Planning Authority to consider these aspects in detail. 5. That the development hereby permitted shall be carried out in accordance with the approved Noise Impact Assessment submitted as part of the application, and that any road noise assessment of the residential flat is on a windows-closed basis. Following the implementation of all of the noise mitigation measures and before the flat is brought into use a validation report (signed by an Acoustic Consultant) shall be submitted to the planning authority for written approval. Reason: To ensure that the development site will not be subject to unacceptable noise levels in the interests of amenity. 6. That the permission hereby granted to use the ground floor of the property as a tattoo studio is personal to the applicant (Mr Barry Robertson) and is for that use only and unless separate permission is obtained the ground floor will not be used for any other commercial/business use. A maximum of 4 tattoo artists will be permitted to operate within the property and any time. Reason: to control the use of the ground floor of the property and to prevent inappropriate changes if use that may generate significantly more vehicular traffic. 7. That before the development starts, the days and hours of operation for the tattoo studio will be approved in writing by the planning authority and once approved (unless subsequently varied in writing) the studio will operate in accordance with the details approved. Page 10 of 74
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Reason: in the interest of residential amenity Background Papers: Consultation Responses: Traffic & Transportation received 9th January 2024 Scottish Water received 25th July 2023 from Food Safety / Business Regulations received 24th July 2023 Environmental Health (including Pollution Control) received 9th August 2023 Contact Information: Mr Joe Gannon at planningenquiry@northlan.gov.uk or 01236 632487 Report Date: 18th July 2024 Page 11 of 74
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REPORT 1. Site Description 1.1 The application site comprises of vacant land (approximately 280m2) and a private garage, which forms part of the established local centre of Muirhead. To all sides of the land are a mixture of commercial properties including the Co-operative store for Muirhead, residential properties which range in style, design, and age (1.5 storey terraced dwellings which face the proposal), the A80 dual carriageway, and mature trees and hedging. 2. Proposed Development 2.1 The application seeks full planning permission for the construction of a 1.5 storey property, for a mixed-use property consisting of a commercial tattoo studio (ground floor) and two- bedroom flatted dwelling (first floor). The proposed building will measure 12.3m at its longest point, and is approximately 11.8m in width, giving the property a footprint of approximately 118m2. The eaves height of the property is 2.65m, with a total height of approximately 7m. Internally, there are several rooms across the two floors and different uses: • Ground (tattoo studio): main studio, reception area, staff room, office, private room, and WC. • First (flat): living room, kitchen, two bedrooms, bathroom, and WC. 2.2 The proposed materials of the development consist of buff facing brick basecourse, external rendering, uPVC glazing, and concrete roof tiling, which is considered acceptable with the neighbouring properties. 2.3 There are 9 off-street parking spaces proposed as part of the development, with a mixture of staff and visitor parking, as well as private parking for the flatted dwelling. There is amenity space and a bin collection point to the east of the property proposed as part of the development. 3. Applicant’s Supporting Information 3.1 Supporting information has been provided during the assessment process of the application, which includes a Noise Impact Assessment, discussed further in 6.3. The agent has confirmed the following: • Parking for the owner will comprise of two spaces, one for the dwelling and one for the business • At any given time, there will be 5 members of staff working at the tattoo parlour (4 artists and 1 receptionist) • The flatted property will be let out to a family member and not sold or rented to members of the public • The tattoo parlour will primarily be appointment-based, with artists booked out a month in advance, where walk-ins will be available in the event of a cancellation • At peak, it is estimated that a maximum of 9-10 people will be in the studio at one given time • Artists will not share beds and equipment At our request calendars of the applicant and two other tattoo artists were also provided, which indicates each artist will have on average 1-2 clients per day (5-6 in total) across the entire week. The applicant has advised that the tattoo artists dairies are usually booked out well in advance limiting the opportunity for ‘walk in’ custom. (The applicant currently has premises within the Town Centre at Cumbernauld which is now owned by the Council and will need to be vacated when the centre is demolished) Page 12 of 74
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Furthermore, the agent has provided a written response (dated 28th of March 2024) in light of an objection from Roads. The agent has stated that sufficient visibility can be achieved on Cumbernauld Road, exiting Muirhead Road, as well as providing clarification regarding parking arrangements and the allocation of spaces. 4. Site History 4.1 There are no previous applications with pertinence to this site. 5. Development Plan 5.1 The application site is covered by Placemaking Policy 1C (Local Centre) within the adopted North Lanarkshire Local Development Plan (2022). 5.2 For proposals with housing development and business use in Local Centres, the proposal must comply with policies set out in PP 1C (Purpose of Place) and AD 1C (Amount of Development). Policies EDQ 1 (Site Appraisal) and EDQ 3 (Quality of Development) are also relevant as these policies consider issues such as size, materials, existence and quality of connections and road safety and which states that proposals must integrate successfully with the surrounding area by avoiding harm to neighbouring amenity, supported by high standards of site planning and sustainable design. 5.3 NPF4 forms part of the development plan; given the nature and scale of this development, the most relevant considerations are already enshrined in the North Lanarkshire Local Development Plan policies. The policies within NPF4 that are relevant to the application include Policy 14 (Design, Quality and Place), Policy 15 (Local Living and 20-minute neighbourhoods), and Policy 27 (City, town, local and commercial centres). 5.4 The application can therefore be assessed against the policy provisions of the North Lanarkshire Local Development Plan and the relevant policies within NPF4. 6. Consultations 6.1 NLC Food Safety & Business Regulations – have responded by stating several requirements should the proposal be developed, relating to the provision of hand wash basins in each room to be used for skin piercing or tattooing, acceptable ventilation and illumination within the general premise, and that business activities are undertaken in conditions of appropriate privacy (can be covered by informative note) 6.2 Scottish Water – state that a formal connection application will be required should planning permission be granted, as well as a Pre-Development Enquiry (PDE) Form to allow the proposal to be fully appraised. This is detailed within Condition 2 of the permission hereby granted. 6.3 NLC Pollution Control – raise no objections to the application, provided that appropriate conditions were attached to any approval in relation to a Site Investigation and Noise Impact Assessment, due to site lying on an area of naturally occurring methane gas and the location being adjacent to the A80 dual carriageway road, the Co-operative store and the noise which may affect the proposed development. 6.4 NLC Traffic & Transportation – recommended refusal for the application, based on substandard visibility to the left along Cumbernauld Road exiting from Moorpark Avenue. 7. Representations 7.1 Following standard neighbour notification procedures, 12 letters of representation were received, 2 of which were received following expiration of the notification period, and 1 asking for an update. Councillor Claire Louise Williams objected but this was received out of time. The objections can be summarised as follows: Page 13 of 74
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a. Traffic and road safety issues: visibility, access, limited space for HGVs and emergency vehicles, parking, turning manoeuvres, condition of existing road, and increase in residential and commercial traffic b. Adverse impact on pedestrian safety and wellbeing c. Increased refuse and bin collection d. Inadequate drainage infrastructure to support development e. Limited and inaccurate detail within plans f. Legal ownership and encroachment of land g. Loss of privacy to neighbouring properties h. Current purpose of on-site garage i. Incongruous with residential area j. Impact on streetlight, mature trees, hedging, and appearance of area k. No planning statement provided which provides information on business 8. Planning Assessment 8.1 Under 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. 8.2 Local Development Plan: Policies EDQ 1 (Site Appraisal) and EDQ 3 (Quality of Development) are relevant as these policies consider issues such as size, materials, existence, quality of connections and road safety, which states that proposals must integrate successfully with the surrounding area by avoiding harm to neighbouring amenity, supported by high standards of site planning and sustainable design. 8.3 PP 1C (Purpose of Place): North Lanarkshire Council seeks 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 aim of the Plan is to maintain and improve the level of amenity appropriate for the local context. Development in Classes 1 (Shops including Sui Generis) and 9 (Flats) of the Town and Country Planning (Use Classes) (Scotland) Order 1997 is deemed to be support the purposes of those places and offer the best opportunity to meet the aims of those places. The application is, therefore, considered to comply with the objectives of PP 1C (Purpose of Place). Meeting those aims will be primarily achieved through the provisions of the Environmental and Design Qualities policies of the Plan. 8.4 EDQ 1 (Site Appraisal) – Any proposed development will require to be appraised in terms of the site and its surroundings to ensure it will integrate successfully into the local area and avoid harm to neighbouring amenity. The matters to be addressed in the appraisal include, but are not limited to, criteria set out in the Local Development Plan under EDQ 1. As a proposed mixed-use development, it is reasonable to state the residential flat and tattoo parlour would generally be in keeping with the character of the surrounding area. Therefore, the site with considered design qualities set out in policy EDQ 3 (Quality of Development) can accommodate such a mixed-use development without significantly affecting the amenity of adjacent dwellings. 8.5 EDQ 3 (Quality of Development) – This policy considers siting, overall layout, density, form, scale, height, massing, proportion, detailing, colour, materials considering successful integration into the local area and avoiding harm to neighbouring amenity. This is discussed below. The applicant proposes a mixed-use building (flat and tattoo studio) which is considered acceptable in design and detail. The proposal is adaptable in its form, with the ground floor Page 14 of 74
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accommodating potential for residential/future businesses and commercial usage, should its proposed use cease (future changes have been restricted by planning condition such that a further application would be required before any change). There are good quality green networks within a 20-minute walking radius of the proposed development (e.g., Seven Lochs Wetland Park). The site is accessible by and integrates well with a range of sustainable transport modes (e.g., walking/wheeling, bus). Furthermore, there would be environmental and visual benefits for developing on a long-standing, vacant site. The size, orientation, and distance from neighbouring properties ensures that, whilst there is an impact, there is no detrimental loss of residential amenity in terms of privacy or sunlight/daylight within the site. It is acknowledged that the proposed flat does not meet the Council’s Open Space Standards in terms of garden depth, however, the proposal is considered acceptable given the nature of the site and surrounding properties. 8.6 In considering National Planning Framework 4 (NPF4) there are a number of policies that affect the proposal, with the most notable ones being Policy 9 (Brownfield, vacant and derelict land and empty buildings), Policy 14 (Design, quality and place), Policy 15 (Local living and 20-minute neighbourhoods), and Policy 27 (City, town, local and commercial centres). These policies are embedded and reflected within the Local Development Plan policies listed above. 8.7 Policy 9 states that development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary, will be supported. It is considered that the proposal complies with Policy 9 given the use of vacant and derelict land within the local centre of Muirhead. 8.8 Policy 14 states that development proposals should be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. Proposals will be also supported where they are consistent with the six qualities of successful places NPF4 namely: healthy; pleasant; connected; distinctive; sustainable; and adaptable. It is considered that the proposal is consistent with these qualities, is of good design and does not detrimentally impact the surrounding area, therefore, complying with this policy. 8.9 Policy 15 states that development proposals will contribute to local living including, where relevant, 20-minute neighbourhoods. To establish this, consideration will be given to existing settlement pattern, and the level and quality of interconnectivity of the proposed development with the surrounding area. The proposed development contributes to local living by bringing employment to the area of Muirhead, and there is local access to shopping, health facilities, schools, and informal play opportunities within a 20-minute walking/wheeling distance of the site. As such, the proposal complies with the local living element of Policy 15. 8.10 Policy 27 states that development proposals that enhance and improve the vitality and viability of local centres, including proposals that increase the mix of uses, will be supported. Furthermore, proposals for uses that generate significant footfall (e.g., commercial) will be supported in existing local centres, which can be illustrated by the existing success of Sacramental Tattoos in Cumbernauld town centre. By introducing a mixed-use development into the local centre of Muirhead the proposal, therefore, complies with Policy 27. 8.11 Representations: In response to the grounds of representation above in 7.1, these are commented on in the same order as they appear above: 8.12 Comment: Traffic and road safety issues Response: During the planning application process, we consulted with our Roads Service, to receive their comments on this proposal. Page 15 of 74
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Whilst there may be an increase in both commercial and residential traffic, it is considered that the scale of this traffic would not be so significant to cause detriment within the area or justify a refusal of planning permission. Due to Moorpark Avenue being unadopted, the maintenance of such road’s falls upon the owners of any properties fronting the road. Furthermore, given the historical make of up of many of the minor roads along Cumbernauld Road and properties which front it, it can suggest that none/very few would meet the required visibility splays (2.5 x 60m for 30mph roads), this is an established access and crucially the visibility to the right is unhindered and the property can also be accessed/exited via the Co-operative store car park. It is considered that the fact that it is visibility to the left that is compromised is not so significant as to justify a refusal of permission. Therefore, the current condition and poor maintenance of the road does not fall under the remit of the planning authority, and it is our assessment that the proposed development would not lead to such a significant intensification on the use of the access road to justify a refusal of planning permission. 8.13 Comment: Adverse impact on pedestrian safety and wellbeing Response: Following consultation with Roads, they have confirmed that despite there not being an existing footway on Moorpark Avenue, they do not object to the proposal on the grounds of the proposal having a detrimental impact on pedestrian safety and wellbeing. 8.14 Comment: Increased refuse and bin collection Response: The location of refuse areas is accepted in the design of the development. The planning system does not seek to control the increase in refuse and improper disposal of resident’s waste, as this is considered under environmental legislation. Therefore, the increase in refuse does not warrant refusal of planning permission. 8.15 Comment: Inadequate drainage infrastructure to support development Response: The standard conditions attached to this permission associated with increased impact on drainage facilities as a result of the development will ensure that Scottish Water are satisfied with the proposal. 8.16 Comment: Limited and inaccurate detail within plans Response: Following discussion with the agent, the inaccuracies regarding scale within a number of plans have been rectified through amendment. 8.17 Comment: Legal ownership and encroachment of land Response: It is not for the Council to undertake detailed legal searches in terms of ownership or encroachment of land, and it is for the applicant to certify the land ownership position. As such, these are legal matters and not a material planning consideration. 8.18 Comment: Loss of privacy to neighbouring properties Response: It is considered that the development can be accommodated without having an adverse impact on neighbouring properties in terms of privacy, due to the windows having obscured glazing where window-to-window issues are less than 18m in distance between the proposed development and existing dwellings. 8.19 Comment: Purpose of on-site garage Response: The current purpose of the existing, private garage, which would remain as part of the development, is not applicable to the consideration of the application. Page 16 of 74
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8.20 Comment: Incongruous with residential area Response: The proposal has been assessed against the relevant policies within the Local Development Plan. It is considered that the proposed development is compatible for the land use (Local Centre) within the surrounding area due to its mixed-use purpose. In terms of EDQ 3 (Quality of Development), the proposal is acceptable in terms of massing, layout and materials used, and is considered not to have a detrimental impact on the surrounding area. Furthermore, it is not considered that the development would have an adverse impact on the general appearance of the area and the surrounding dwellings to warrant refusal. 8.21 Comment: Impact on streetlight, landscaping, and appearance of area Response: It is considered that the proposed trees to be removed as part of the development are not of such significance to the wider streetscape, therefore, their removal does not warrant refusal of planning permission. Furthermore, the proposal utilises existing vacant and derelict land, and therefore can be deemed to have an improvement on the appearance of the area. Subject to approval at committee, the applicant will need to contact the council’s roads department to relocate the existing streetlight that sits within one of the proposed parking spaces. 8.22 Comment: No planning statement regarding business use Response: The provision of a planning statement to support the application is not required for a development of such a scale, and the application has been assessed on its merits, as well as supplementary information concerning the level of business proposed (e.g., client numbers). 9. Conclusions 9.1 To conclude, following assessment of the application and notwithstanding the objections received, it is considered that the proposed mixed-use development satisfactorily complies with the relevant policies of the North Lanarkshire Local Development Plan and with the general principles of NPF4. It is, therefore, recommend that planning permission is granted subject to conditions. Page 17 of 74
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Application No: 23/00992/FUL Proposed Development: Extraction of colliery shale from disused coal mine and rock from disused quarry face together with agricultural improvement works and restoration of colliery site. Site Address: Dewshill Farm Forrest Road Salsburgh ML7 4NY Date Registered: 22 September 2023 Applicant: RAW Plant & Recycling Ltd 191 Station Road Shotts ML7 4BA Agent: AMS Associates Limited The Lodge Philiphaugh Mill Ettrickhaugh Road Selkirk TD7 5AX Application Level: Major Application Contrary to Development Plan: No Ward: 13 – Fortissat Cllrs John Leckie, Martin McCulloch, Kenneth Stevenson and Margaret Hughes Representations: 5 letters of objection Recommendation: Approve Subject to Conditions Reasoned Justification: The application is supported by sufficient information to demonstrate that the extraction of colliery shale and rock from the disused coal mine and quarry face together with the proposed agricultural improvement works and biodiversity enhancement can be implemented without unacceptable levels of traffic, noise, vibration, dust or visual intrusion. Adequate mitigation is proposed to minimise any impacts associated with the proposed development and mitigation would be subject to continual monitoring to ensure compliance with the conditions attached to the permission. The proposed development raises no Page 18 of 74
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conflict with Policies PROT C Mineral Resources, PROT A Natural Environment and Green Network Assets, PP 5 Purpose of Place, AD 5 Amount of Development, EDQ 1 Site Appraisal, EDQ 2 Specific Features for Consideration and EDQ 3 Quality of Development of the North Lanarkshire Council Local Development Plan (adopted July 2022) or Policies 3 Biodiversity, 4 Natural Places, 5 Soils, 9 Brownfield, Vacant and Derelict Land and Empty Buildings, 12 Zero Waste, 14 Design, Quality and Place, 29 Rural Development and 33 Minerals of National Planning Framework 4. Planning permission should not be issued until the developer has entered into a Section 75 Agreement with the Planning Authority to secure funds for the restoration of the site. Page 19 of 74
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Proposed Conditions:- 1. The development hereby approved shall subsist for a period of 15 years from the date of implementation to be confirmed in writing to the Planning Authority before the development commences. At the end of the period of 15 years, unless a further planning application is submitted and approved by the Planning Authority, the development shall cease to operate and the land will be restored in accordance with the approved Land Management Plan & Restoration Statement dated March 2023 and Restoration Plan entitled ‘Figure 1.3.1’ dated April 2023. For the avoidance of doubt, the development shall commence within 3 years of the date of this permission. Reason: To accord with Section 27A of the Town and Country Planning (Scotland) Act 1997 as amended and to protect the visual amenity of the area, beyond the lifetime of the permission. 2. Prior to the commencement of the development, full details of an independent party to act as a Compliance Officer, shall be submitted to and approved in writing by the Planning Authority. The Compliance Officer shall undertake monitoring of the development and operations including archaeology, dust and air quality, hydrology, hydrogeology, flood risk, noise, transportation, ecology, soils, waste management and biodiversity until full completion of the restoration phase, in accordance with the submitted Phasing Plan and Phasing timetable, for the duration of the development hereby approved. The costs associated with the appointment of the Compliance Officer shall be met by the developer. Reason: To monitor and evaluate compliance with this permission 3. The Compliance Officer, as required by Condition 2 above, shall annually submit to the Planning Authority an audit of the conditions attached to this permission. This audit shall specify the degree of compliance with the conditions and in the event of a failure to comply with any conditions, provide details of any remedial measures required to safeguard the environment at the site and the surrounding area. Where it becomes evident to the Planning Authority that the site is operating outside of the permission granted, a revised audit of conditions shall be submitted in writing to the Planning Authority for approval within 1 month of the suspected breach detailing the steps to be taken and timescales involved to regularise the permission. Reason: To monitor and evaluate compliance with this permission 4. Prior to the commencement of the development, the developer shall nominate a party to act as Community Liaison Officer and shall establish a Community Liaison Group, the details and members of which shall be submitted to and approved in writing by the Planning Authority. The Community Liaison Officer shall hold regular meetings with members of the Community Liaison Group to manage community concerns where these relate to the development the minutes of which shall be submitted to the Planning Authority. For the avoidance of doubt these meetings shall be held quarterly or as required by the Liaison Group and agreed by the Planning Authority. Reason: In the interests of residential amenity 5. Prior to the commencement of the development and notwithstanding the requirements of Condition 4 above, details of the developer’s procedures for responding to complaints received by the Planning Authority alleging disturbance to any property as a consequence of the development, shall be submitted in writing to the Planning Authority for approval. For the avoidance of doubt, ‘disturbance to any property’ relates to adverse effects on the amenity of any property affected by the development caused by noise, dust, vehicles and/or spillages from vehicles onto the public highway. Reason: In the interests of residential amenity Page 21 of 74
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6. Prior to the commencement of the development, the developer shall secure the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation which has been submitted in writing and approved by the Planning Authority. For the guidance of the applicant, the programme of archaeological work shall include the following: a. 5% groundbreaking evaluation of that portion of the development area not previously impacted. b. If this exercise identifies sites or objects of merit there should be proposals for further works potentially including excavation, post-excavation, publication and archiving. Reason: To allow the archaeological interest of the site to be preserved by record and to mitigate the loss of significance and harm to heritage assets. 7. Prior to the commencement of the development, a formal Dust Management Plan shall be submitted in writing to the Planning Authority for approval. The Dust Management Plan shall detail the measures to be employed within the site and for vehicles accessing and leaving the site for the control of dust generated from the works. The Dust Management Plan shall also detail the procedures the site operator will follow with respect to periodic routine monitoring of dust emissions from the works, and with respect to the control and monitoring of dust emissions following any complaints received. Reason: To protect local residents from air pollution 8. Prior to the commencement of the development, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Planning Authority. The CEMP shall set out, as a minimum, site specific measures to control and monitor impacts arising in relation to hours of operation, lighting, construction traffic, noise, vibration, dust, and air pollutants. The CEMP shall also set out arrangements by which the developer shall maintain communication with residents and businesses in the vicinity of the site, and by which the developer shall monitor and document compliance with the measures set out in the CEMP. The development shall be carried out in full accordance with the approved CEMP. Reason: To safeguard the amenities of the neighbouring premises and the area generally. 9. If the development has not commenced on site within one year of previous protected species surveys, further bat, badger and breeding bird surveys shall be undertaken and submitted to the Planning Authority for approval in writing. For the avoidance of doubt bat surveys shall include the quarry and any buildings within the site prior to their demolition. The badger survey shall include a protection plan for any badger setts that are identified. For the avoidance of doubt, a modified common bird census methodology, breeding bird surveys shall consist of: • Three visits with each visit lasting between 3-4 hours; • Territories to be mapped and transect routes shown (this is to show that the observer is able to get within 50 metres of every part of the site); • Proposed mitigation, including a timetable for those works. Thereafter, once agreed, any required mitigation shall be implemented to the written satisfaction of the Planning Authority. Reason: To safeguard and protect nature conservation interests. 10. Prior to the commencement of the development, details of tree planting, including the location, species of trees and timescales for planting. This is to compensate for the loss of Page 22 of 74
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trees associated with the proposed road realignment works at the site entrance, as shown on Drawing DE RP 04 dated July 2024, shall be submitted in writing to the Planning Authority for approval. Reason: In the interests of natural conservation and visual amenity 11. Prior to the commencement of the development, a comprehensive site investigation report shall be submitted in writing to the Planning Authority for approval. The investigation(s) must be carried out in accordance with current best practice advice such as BS10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site- specific risk assessment of all relevant pollutant linkages and a conceptual site model. Depending on the results of the investigation, a Detailed Remediation Strategy may be required. Reason: To establish whether site decontamination is required in the interests of public health. 12. Any remediation works identified by the site investigation report(s) as required by Condition 11 above, shall be carried out in accordance with the Detailed Remediation Strategy and a certificate signed by a suitably qualified specialist /competent person in such matters shall be submitted to the Planning Authority confirming that remediation works where required have been carried out in accordance with the agreed Remediation Strategy. Reason: To ensure that any remediation identified has been implemented in the interests of public health. 13. Notwithstanding the terms of Condition 12 above a final validation report signed by a suitably qualified specialist /competent person in such matters shall be submitted to the Planning Authority to confirm that all remediation works submitted and approved under the terms of Condition 12 of this permission have been completed. Reason: To ensure that the site is free of contamination in the interests of public health. 14. Within 6 months of cessation of the shale extraction works (proposed for Phase 5 Year 10 of the approved Phasing Plan and Phasing Timetable), the developer shall submit an updated Biodiversity, Management and Monitoring Plan in writing for the approval of the Planning Authority. The updated Plan shall include details of implementation and monitoring of the proposals outlined in the approved Biodiversity Net Gain Assessment by Gavia Environmental dated 22/04/2024 and accompanying Figure 2 Post Enhancement Plan. Reason: In the interests of natural conservation 15. No later than 6 months prior to the expiration of this consent, an updated detailed restoration and after-care strategy, based upon the approved Land Management Plan & Restoration Statement, Alistair Smith Associates, dated March 2023 and the approved Landscape Restoration Plan (Figure 1.3.1) shall be submitted to the Planning Authority for approval in writing. The strategy shall include proposals for the management and the timing of the restoration and after-care of the site and thereafter, the works shall be undertaken in accordance with the updated strategy unless otherwise agreed in writing with the Planning Authority. Reason: To ensure restoration of the development and after-care of the site is carried out in an appropriate manner in the interests of safety, amenity and environmental protection. 16. The ecological mitigation shall be carried out in accordance with the recommendations contained in Section 8 of The Preliminary Ecological Appraisal Update by Baker Ecology Page 23 of 74
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dated May 2024. Reason: In the interests of nature conservation 17. Biodiversity enhancement shall be carried out strictly in accordance with the approved Phasing Plan and Phasing Timetable and recommendations contained in the approved Biodiversity Net Gain Assessment, Gavia Environmental Ltd, dated April 2024 and Biodiversity Plans (Figures 1 and 2), Reason: In the interests of nature conservation 18. All loaded haulage vehicles leaving the site shall be adequately sheeted and loads shall be trimmed prior to leaving and all other vehicles leaving the site shall be in such a condition as not to emit dust or deposit mud, slurry or other deleterious material on the public road network. Reason: To prevent fugitive dust affecting sensitive properties 19. The approved access road shown on the Site Entrance Plan (Drawing SE RP 01) dated May 2024, shall be surfaced in concrete and a wheel-wash and mechanical sweeper shall be installed, maintained and employed for the cleaning of wheels and chassis of all vehicles leaving the site prior to the commencement of works on site. Thereafter, the condition of the access road and equipment shall be periodically monitored and maintained for the duration of the works permitted. Reason: In the interests of traffic safety and prevention of damage to the public road network 20. The site access gates shall be set back from the junction with Forrest Road by a minimum of 15m to permit waiting off road for HGVs and maintained as such for the duration of the works hereby approved. Reason: In the interests of traffic safety and prevention of damage to the public road network. 21. Prior to the commencement of the development, trees within the visibility splays as shown on Drawing DE RP 04 shall be removed and the visibility splay shall be maintained for the duration of all operations on site as approved by this permission. Reason: To provide unobstructed sight lines within the visibility splays. 22. All large and/or heavy good vehicles accessing and exiting the site shall utilise the approved LGV/HGV route as shown on the submitted Traffic Route Plan (Drawing 9715) and no vehicles shall travel through the village of Salsburgh. Reason: To protect the amenities of sensitive properties. 23. The proposed operations shall be carried out strictly in accordance with the approved Phasing Plan (Drawing 9706-B) and corresponding Phasing Timetable (Document PI submitted 15 May 2024) unless otherwise agreed in writing by the Planning Authority. Reason: To ensure operational activities are carried out in accordance with the approved phasing plan and timetable. 24. The construction of acoustic earth bunds including bunds located to the east and west of the proposed site compound and to the south of the colliery site as shown on the Approved Phasing Plan (Drawing Number 9706-B dated 15.05.24), shall be completed within the first two months of commencing the development and/or ahead of any other significant noise producing works. Page 24 of 74
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Reason: To protect the residential amenity of Dewshill Cottage to the south of the development site. 25. The development shall be implemented strictly in accordance with the approved Noise Monitoring Scheme by Vibrock referenced R24.1055/NMS/1/RK and dated 28 February 2024 with respect to periodic routine monitoring of noise emissions from the works and the control and monitoring of noise emissions following any complaints received by the Planning Authority. Reason: In the interests of residential amenity. 26. That, at all times during the carrying out of operations authorised or required by this permission, a water bowser and towing vehicle, both in kept in working order, shall be retained on site for use in the event of dust emission nuisance problems within the site to the satisfaction of the Planning Authority. Reason: To prevent fugitive dust affecting sensitive properties 27. The proposed development shall be carried out strictly in accordance with the recommendations contained in Section 6 Surface Water Management of the submitted Flood Risk Assessment by Hafren Water dated April 2023. 28. That operations on the site, for which planning permission is hereby granted, shall take place between the following hours only: 08:00 hours to 19:00 hours - Monday – Friday 08:00 hours to 13:00 hours - Saturdays with no noise producing works undertaken on Sundays and Public Holidays Reason: In the interests of residential amenity. COAL AUTHORITY INFORMATIVE The proposed development lies within an area that has been defined by the Coal Authority as containing coal mining features at surface or shallow depth. These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place. Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the Coal Authority considers that the building over or within the influencing distance of a mine entry should be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure that a suitable engineering design which takes into account all the relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Coal Authority Policy in relation to new development and mine entries available at: www.gov.uk/government/publications/building-on-or-within-the-influencing-distance-of-mine- entries Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Coal Authority Permit. Such activities could include site Page 25 of 74
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investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain permission to enter or disturb our property will result in the potential for court action. If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority Background Papers: Consultation Responses: NLC Greenspace - received 13 May 2024 NLC Archaeology Service - received 19th October 2023 NLC Protective Services – received 13 November 2023, 5 March 2024, 5 August 2024 NLC Traffic & Transportation – received 21 May 2024 and 2nd July 2024. The Coal Authority - received 27 October 2023 Scottish Water - received 25 October 2023 HSE - received 25 October 2023 Scottish Gas Network - received 7 May 2024 SEPA – received 29 May 2024 Transport Scotland – no response received. Nature Scotland – no response received. Contact Information: Any person wishing to inspect these documents should contact Ann McGregor at 01236 632500 Report Date: 2 August 2024 Page 26 of 74
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APPLICATION NO. 23/00992/FUL 1. Site Description 1.1 The application site relates to the former Dewshill Colliery, which ceased operating in the 1950s. The site lies approximately 3km east of the village of Salsburgh and 5km west of Harthill on the north side of the M8 motorway and is centred on National Grid Reference NS 85384 64049, postcode ML7 4PA. Forrest Road defines the site boundary to the east beyond which lies Forrestburn Reservoir, approximately 550m to the northeast. Duntilland Quarry lies approximately 500m to the west. 1.2 The site occupies an area of 21.4 hectares and consists of the colliery site, pastureland to the north and an existing farm access track west of Forrest Road and north of the colliery site. Access to the site is off Forrest Road which connects to the B7066 Hirst Road approximately 1.5 km west of Junction 5 of the M8. 1.3 The site is characterised by a heavily modified landform to the east and a larger flat-topped bing to the west. Elevations range from around 270m AOD (above ordnance datum) along the eastern boundary to 250m AOD in the west. The site has some limited vegetation, primarily tall grasses growing around the fringes of the quarry and colliery site and scrub and young trees which have established around the edges of the site and within voids. A further track along the southern edge of the colliery site, north of Dewshill Cottage, provides access from the western bing to Forrest Road. The western bing is steep sided rising to c.283m and is grassed over with a few self-seeded trees. The southwestern area of the site is more open and contains rough grasses and scrub. Higher undulating land to the west of Dewshill Farm, which is proposed for reprofiling and agricultural improvement, consists of poor-quality agricultural land. This land is currently grazed for the milking operation carried out at Dewshill Farm. 1.4 The immediate landscape surrounding the site is characterised by a mix of countryside with open views to the north and east across Forrestburn Reservoir, by mineral development at Duntilland Quarry to the west and by lower lying land in the south where the site is defined by hedges and tree cover that limit views to the M8 motorway. The M8 motorway separates the site from a row of semi-detached houses approximately 120m to the southeast. The wider landscape lies within the Plateau Moorlands Landscape Character Type (Central Plateau) where the presence of coal reserves and, to a lesser extent, hard rock deposits, have cumulatively, had a major effect on the landscape in the form of hard rock quarries, bings and tips, areas of derelict land, operating open-cast workings and associated infrastructure including disused railway embankments. 2. Site History • 98/00401/FUL - Erection of Agricultural Building • 11/00475/FUL- Erection of Two Agricultural Sheds • 11/00477/FUL - Erection of 67m Wind Turbine with Ancillary Equipment/Infrastructure. • 12/00225/PREAPE - Installation of Wind Turbine • 12/01023/PAN - Proposal of Application Notice: Proposed Drilling Operations • 14/01379/PREAPE - Proposed Wind Turbine Development (130m High) • 15/00016/EIASCO - Erection of 3 Wind Turbines: Requested for EIA Scoping Opinion • 18/00357/PRA - Prior Notification for Farm-related Building Works (Non-residential) • 21/00076/PPP - Replacement farmhouse and demolition of existing farmhouse (in principle) • 21/01632/PPP - New farmhouse (in principle) • 21/01870/FUL - Two agricultural sheds and two slurry lagoons • 22/00130/PRN - Agricultural Shed • 22/00216/PRN - Agricultural shed • 22/00541/MSC - Single dwellinghouse (application covering matters specified by Page 27 of 74
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conditions of planning permission in principle 21/01632/PPP) and associated infrastructure • 22/01094/EIASCR - EIA Screening Opinion - Reclamation of Former Colliery Site Together with Agricultural Land Improvement Works on Adjoining Land • 22/01440/PAN - Extraction and Processing of Colliery Shale and Reclamation of the Former Colliery Site and Quarry and Consequential Raising and Profiling of Land at Dewshill Farm • 23/00652/PRN - Site re-levelling and engineering works to create cow ramp • 23/00992/FUL - Extraction of colliery shale from disused coal mine and rock from disused quarry face together with agricultural improvement works and restoration of colliery site • 24/00360/PRN - Prior Notification for Farm-related Building Works (Non-residential). 3. Proposed Development 3.1 The application seeks full planning permission for extraction of colliery shale from the disused colliery and mine, together with rock extraction and profiling of the disused quarry face, agricultural improvement works and consequential land raising, importation of inert waste, restoration of the colliery site and off-site biodiversity enhancement. No blasting is proposed. The total period of operational development would be in the region of 15 years. 3.2 The development works would take place within two areas of the application site; the northern half of the site consisting of 17.8ha of poor-quality agricultural land and the southern half of the site consisting of approximately 12.9ha of colliery waste tips of which 6.4 ha would form the proposed shale extraction and rock face profiling areas. 3.3 In the southern half of the site, the proposed operations would involve extraction and processing of shale from the former colliery site for sale to the construction industry as a secondary aggregate. The colliery site would be shielded with the remaining shale being retained around the perimeter of the site to form a bowl like acoustic bund and imported soils being spread around the bund to provide a soil planting surface. The bund would be planted by native species trees including silver birch, hazel, rowan, Scots pine etc. As part of the reprofiling works in the northern half of the site, the fines derived from processing tipped material in the southern half would be deposited on land in the northern half, together with imported soils. It is intended that the reprofiling works would improve the agricultural potential of the land as part of a wider agricultural expansion plan and would not significantly alter the landform in this area of the site. 3.4 The volume of shale to be extracted would be in the region of 356,000m3. The volume of imported clays and soils to improve the agricultural land in the northern half of the site would be in the region of 297,500m3. The imported soil would be delivered to the site by HGV road going vehicles. 3.5 The proposed HGV route from Junction 5 of the M8 would ensure that vehicles did not pass through the village of Salsburgh. Vehicles would access the site via the B7066 Hirst Road turning right onto Forrest Road to enter the site and/or left onto B7066 when exiting the site. An upgraded internal access road/ site entrance running along the northern edge of the colliery site (south of the agricultural improvement land site), together with wheel washing facilities etc is also proposed, together with realignment and resurfacing of the road past the site entrance to Dewshill Farm. A section of Forrest Road would be widened and realigned from the overbridge to the proposed site entrance in order to improve visibility. Trees within the visibility splay close to the proposed site entrance on the east side of Forrest Road will also be removed. 3.6 The proposed development falls within Schedule 2 of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 and has been screened to determine whether it is likely to have significant effects on the environment. It was determined that the development will not have significant environmental effects and is not Page 28 of 74
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therefore considered to constitute Environmental Impact Assessment (EIA) development. 4. Applicant’s Supporting Information 4.1 The application is accompanied by the following supporting information: • PAC Report, AMS Associates Limited, August 2023 • Land Management Plan & Restoration Statement, AMS Associates Ltd, March 2023 • Design and Access Statement, AMS Associates Ltd, October 2023 • Supporting Statement, AMS Associates Ltd, August 2023 • Waste Management Plan, AMS Associates Ltd, January 2024 • Traffic Statement, AMS Associates Ltd, February 2024 • HGV Route Plan, AMS Associates Ltd, February 2024 • Phasing Plan and Phasing Timetable, AMS Associates Ltd, May 2024 • Flood Risk Assessment, Hafren Water, April 2023 • Water Impact Assessment Report, Hafren Water, April 2023 • Landscape and Visual Impact Assessment, Heplan, March 2023 • Ecological Assessment, Nigel Rudd, February 2023 • Phase 1: Ground Condition Assessment (Contamination), Peter Brett, July 2016 • Biodiversity Net Gain Assessment, Gavia Environmental Ltd, April 2024 • Archaeological Desk Based Assessment, Guard Archaeology, February 2023 • Air Quality Assessment, Vibrock, February 2023 • Noise Impact Assessment, Vibrock, January 2023 • Updated Bat Roost Survey, Baker Ecology, May-June 2024 5. Development Plan 5.1 The statutory development plan consists of the National Planning Framework 4 (NPF4) and the North Lanarkshire Local Development Plan, Adopted 6th July 2022 (LDP). 5.2 The following LDP and NPF4 policies apply: • LDP Policy PROT A Natural Environment and Green Network Assets • LDP Policy PROT C Mineral Resources • LDP Policy PP 5 Purpose of Place • LDP Policy AD 5 Amount of Development • LDP Policy EDQ 1 Site Appraisal • LDP Policy EDQ 2 Specific Features for Consideration • LDP Policy EDQ 3 Quality of Development • LDP Policy CI Contributions to Infrastructure • NPF4 Policy 1 Climate Tackling the climate change and nature crisis • NPF4 Policy 2 Climate mitigation and adaptation • NPF4 Policy 3 Biodiversity • NPF4 Policy 4 Natural Places • NPF4 Policy 5 Soils • NPF4 Policy 9 Brownfield, Vacant and Derelict Land and Empty Buildings • NPF4 Policy 12 Zero Waste • NPF4 Policy 13 Sustainable Transport • NPF4 Policy 14 Design, Quality and Place • NPF4 Policy 22 Flood Risk and Water Management • NPF4 Policy 23 Health and Safety • NPF4 Policy 29 Rural Development • NPF4 Policy 33 Minerals Page 29 of 74
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6. Consultations 6.1 NLC Greenspace – Has no objection to the application and has advised that a condition be attached to ensure that if the development does not commence within one year of the date of the Ecological Appraisal, updated protected species surveys should be submitted to the Planning Authority for approval. 6.2 NLC Archaeology Service – Has confirmed that the proposed development has the potential to damage previously unknown archaeological remains. However, as the scope and scale of such putative remains are unknown, there are insufficient grounds to object to the development. Therefore, a condition should be attached to ensure that in advance of any construction works, an experienced and suitably qualified archaeological contractor undertakes a programme of archaeology in accordance with a Written Scheme of Investigation (WSI) to mitigate against the potential loss of the site. The WSI should be submitted to the Planning Authority for approval in consultation with the Council’s Archaeologist. 6.3 NLC Protective Services – Has no objection to the application subject to conditions relating to dust management and monitoring; noise monitoring; phasing of the construction of an acoustic bund and hours of operation, 6.4 NLC Traffic & Transportation – Has no objection to the application subject to conditions relating to HGV routing, road realignment, removal of trees, impermeable surfacing of internal road and wheel washing facilities. 6.5 The Coal Authority – Has no objection to the application but has recommended that informatives are placed on any decision to grant planning permission. 6.6 Scottish Water – Has no objection to the application. 6.7 HSE - Does not advise against the granting of planning permission on safety grounds. 6.8 Scottish Gas Network – Does not have any high-pressure assets within the vicinity of the application and as such has no objection or comments to make. 6.9 SEPA – Has no comments to make. 7. Representations 7.1 Following the standard neighbour notification process and press advertisement, the Planning Authority received 5 letters of objection to the proposal. Grounds of objection include the following matters: 7.2 Objection: Concern raised regarding road safety due to the number of lorries travelling to and from the site along Forrest Road and the speed at which they travel. This is a particular issue for pedestrians, children accessing the nearby play area and for users of mobility scooters since they cannot be accommodated on the narrow footway. Response: The national speed limit on Forrest Road is currently 60mph. However, in recognition of concerns raised by members of the community, the grant of planning permission would be subject to a number of conditions which the developer is in agreement with. These include: establishment of a Community Liaison Group and quarterly meetings with the developer which community members could attend to raise concerns regarding the development, particularly in relation to matters concerning residential amenity (speed of vehicles, dust, noise, debris and spillages on the public road etc); details of the developers complaints handling procedure is to be submitted and approved by the Planning Authority; requirements to ensure that all loaded haulage vehicles leaving the site are adequately sheeted to avoid deposit of mud, slurry or other deleterious material on the public road network and; an approved LGV/HGV route to Page 30 of 74
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ensure that no vehicles accessing and exiting the site shall travel through the village of Salsburgh. 7.3 Objection: Concern raised in respect of lorries travelling through the village of Salsburgh. Response: A vehicle route plan has been provided as part of the submitted Traffic Assessment. Should planning permission be granted, a condition would be attached to ensure that all heavy goods vehicles travelling to and from the site are not permitted to travel through the village of Salsburgh. 7.4 Objection: Concern raised about damage to the road surface caused by HGVs utilising Forrest Road. Response: A procedure is in place to report potholes, uneven surfaces and cracked paving slabs to North Lanarkshire Council: Roads and pavements: report a problem | North Lanarkshire Council. Note that Transport Scotland is responsible for repairing the following roads: A8 and A725 trunk roads and the M8, M73, M74 and M80. 7.5 Objection: Concern raised regarding spillages from HGVs onto the public road. Response: Should planning permission be granted, a condition would be attached to ensure that vehicles are appropriately sheeted when accessing/leaving the site and that wheel washing facilities are provided at the site entrance. 7.6 Objection: Concern raised relating to contamination of nearby waterbodies. Response: Should planning permission be granted, pre-commencement conditions would be attached requiring an intrusive ground investigation to be submitted to the Planning Authority for approval in order to assess ground conditions and any risks associated with contaminated land, together with a Construction Environmental Management Plan to ensure that all site operations are managed in accordance with relevant guidance, including drainage and management of the water environment. 7.7 Objection: Concern raised relating to noise nuisance from ongoing operations and HGVs traveling along Forrest Road. Response: Should planning permission be granted, various noise mitigation measures would be put in place via condition to protect residential amenity including acoustic bunds and noise monitoring. Conditions would also be placed on the grant of planning permission to ensure establishment of a Community Liaison Group and quarterly meetings with the developer which community members could attend to raise concerns regarding the development, particularly in relation to matters concerning residential amenity (speed of vehicles, dust, noise, debris and spillages on the public road etc). A further condition would be attached requiring details of the developers complaints handling procedure to be submitted and approved by the Planning Authority 7.8 Objection: Concern raised about absence of consultation with Harthill Community Council. Response: The site lies within the Salsburgh Community Council. The Applicant is legally required to consult only the community council any part of whose area is within or adjoins the land where the proposed development is situated. The site is not within nor does it adjoin the Harthill Community Council area. 7.9 Objection: Concern raised that no justification of locational need has been provided. Response: The application site is a former colliery site and is classed as ‘previously developed land/brownfield land’. The proposed extraction of shale on a former colliery site Page 31 of 74
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that is characterised by bings and heavily modified landform, together with proposals for restoration, aftercare and biodiversity net gain is considered a sustainable use of the site and overall. The proposal will not result in significant adverse environmental impacts and will provide an adequate buffer zone between sensitive receptors and settlements in accordance with Policy 33 d) Minerals of NPF4. The proposal is also in accordance with Policy PP 5 Purpose of Place of the LDP which requires proposals to demonstrate a specific locational requirement where agricultural diversification is proposed. 7.10 Objection: Concern raised regarding hours of operation. Response: Should planning permission be granted, the hours of operation would follow North Lanarkshire Council’s longstanding guidance ‘Noise from Construction Sites/Operations’ and a condition to this effect is recommended. 8. Planning Assessment The Development Plan 8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 as amended provides that where, in making a determination under the Planning Acts, regard is to be had to the Development Plan unless material considerations indicate otherwise. The Development Plan consists of The North Lanarkshire Local Development Plan (Adopted 6th July 2022) and the National Planning Framework 4 (NPF4, Adopted on 13th February 2023). Consequently, the determination of the application must be made in accordance with both and, in the event of any incompatibility between NPF4 and the Local Development Plan, NPF4 is to prevail. The application does not raise any issues of regional or national significance and can therefore be determined in accordance with policies contained in the Local Development Plan (Adopted 6 July 2022) where these are compatible with NPF4. Statements in NPF4 are also material to the determination of the application. PAC Consultation /PAC Report 8.2 The application belongs to the category of major development in accordance with Regulation 2 (1) of the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009 and was subject to pre-application consultation. Following receipt of a Proposal of Application Notice, two public events were held on 16th March 2023 and 20th April 2023 in Salsburgh Community Centre, in accordance with Regulation 7 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 as amended. The events were attended by 34 people including the chair of Salsburgh Community Council. The main issues raised during the public events relate to the following matters: the proposed route of HGVs and request to ensure that they do not travel through Salsburgh; the proposed restoration programme and request to ensure full restoration /restoration bond and aftercare and; queries relating to the proposed waste and imported material. All of the above matters have been addressed by the developer and are considered in this report. Principle of the Development 8.3 Policy PP 5 Purpose of Place of the LDP requires proposals to demonstrate a specific locational requirement, which may include extending existing businesses in the countryside and/or and agricultural diversification whilst ensuring that development is sited and designed to minimise lifecycle greenhouse gas emissions and adapt to current and future risks of climate change in accordance with NPF4 Policy 1 Tackling the climate and nature crises and NPF4 Policy 2 Climate mitigation and adaption. Similarly, Policy PROT C Mineral Resources of the LDP directs proposals for extraction to extension areas within or adjacent to existing operational sites where proposals require to be assessed in relation to their environmental, social and economic impacts and to restoration. The former Dewshill Colliery site has been derelict since the colliery closed in the 1950s, although it is understood Page 32 of 74
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that recovery of anthracite took place within the colliery in the 1980s for a limited period. Whilst, not an existing operational mineral site, the site is nevertheless characterised by bings and tips and remnants of past mining legacy and is currently classed as derelict on the Council’s Vacant and Derelict Land Register (Last Survey 2022). The site is owned by the operators of the adjacent Dewshill Farm and as part of the current proposal to extract shale, the owners also seek to reprofile land in northern half of the site consisting of some 17.8ha of poor-quality agricultural land in order to improve the agricultural potential of land as part of an agricultural expansion plan. The proposed development demonstrates locational requirement in accordance with Policies PP5 and PROT C of the LDP and, subject to satisfying all other requirements of the Development Plan, is in principle compatible with the aims and objectives of Policies 1 and 2 of NPF4. 8.4 Policy 29 a) viii. Rural Development of NPF4 supports development proposals that contribute to the sustainability and economy of rural communities. Similarly, Policy 33 d) Minerals of NPF4 supports proposals for the sustainable extraction of minerals, that is where it can be demonstrated that the proposal will not result in significant adverse environmental impacts, will provide an adequate buffer zone between sites and settlements, will minimise transport impacts through the number and length of lorry trips and, will include a high standard of restoration and aftercare. The application proposes extraction and processing of shale for onward sale to the construction industry as a secondary aggregate. Given that mineral products are essential to the development of the built environment (‘the annual turnover of extraction in the UK was £15bn in 2019’: Minerals: bedrock of the economy share, RICS 14 January 2019), it is anticipated that the development will make a significant contribution to the sustainability and economy of the rural area in line with the requirements of Policy 29 a) iii of NPF4. Whilst there are a number of residential properties within proximity to the site, including Dewshill Cottage which lies immediately south of the former colliery site and Nos 1-18 Dewshill Cottages which lie immediately south of the M8 motorway, residential amenity will be protected through various mitigation measures addressed elsewhere in this report. 8.5 In view of the site’s previous mining use and current derelict land status and subject to mitigation to protect residential amenity, restoration works and the proposal satisfying all other requirements of the Development Plan, the proposed development is in accordance with Policies 1, 2, 29 a) viii and 33d) of NPF4 and Policies PROT C and Policy PP 5 of the LDP. Landscape and Visual Impact 8.6 Policy EDQ 1 Site Appraisal of the LDP and Policy 14 Design, Quality and Place of NPF4 require proposals to integrate successfully into the local area and to address impacts on landscape character and reinforce identity. Policy 33 Minerals of NPF4 supports the sustainable extraction of minerals where this will not result in significant adverse landscape and visual impacts and Policy 9 Brownfield, Vacant and Derelict Land and Empty Buildings of NPF4 will support proposals that will result in the sustainable reuse of brownfield land. In determining whether the reuse is sustainable, the biodiversity value of brownfield land which has naturalised should be taken into account. 8.7 A Landscape and Visual Impact Assessment (LVIA) has been submitted in support of the application. The LVIA considers the effects of the development on landscape fabric, landscape character and on visual amenity. 8.8 Landscape Fabric – The site is divided into two elements pastureland in the north which has naturalised in part and an abandoned colliery site to the south which presents as spoil heaps, small ponds, grassland, scrub, bare ground and a disused unstable quarry face. The development will result in incremental large-scale change to the existing landscape fabric in the southern half of the site following the proposed extraction of shale and creation of a level area and bowl like acoustic bund around the perimeter of the site. The deposit of materials from the southern half of the site, together with the importation and spreading of soils and consequent reprofiling of land in the northern half of the site would not significantly alter Page 33 of 74
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the landform in this part of the site. The direct effects on the landscape fabric during the construction phase, although large scale, would be moderate and localised with final restoration of the site resulting in beneficial restructuring of the landscape fabric. Significant effects on the landscape fabric in the long term are not anticipated. 8.9 Landscape Character -The site is located in the large-scale landform of the Plateau Moorlands Landscape Character Type (Central Plateau) where past deep mining and opencast mining activity have had a major influence on the landscape character. The sensitivity of the landscape is therefore considered to be low with capacity to accommodate further change. The magnitude of change as a result of the proposed development would be moderate within the immediate vicinity of the site, reducing to slight /negligible with distance particularly from the south since the site is sheltered by a woodland belt on the north side of the M8 motorway. From the north, west and east, the oblique nature of views to the site and across the landscape would provide an effective level of containment to the operations. Consequently, no significant effects on landscape character are anticipated. 8.10 Visual Amenity - Views from key locations within a defined study area of a 1km radius circle centred on the application site were considered in the visual amenity assessment of the LVIA. The selected locations include: the Graveyard to the east of the Kirk of Shotts, Shottsburn Road, House O’ Muir Road, M8 slip road beside Blairmains Guest House, Bentfoot, Forrestburn Road and Forrestburn Road above Forrestburn Reservoir. Within 500m of the site, elements of the construction works are likely to be visible. Beyond this distance from certain viewpoints (some noted above), visibility is less distinct, assimilating with existing elements in wider views of the landscape. Visibility from the north would be limited since the land rises in the north and the site would be contained from view. From the south, the existing western colliery bing and quarry are visible. The proposed extraction of shale will gradually remove the western bing until it is completely removed from visibility and re- shaped into a lower landform. The extent of the working face that will be visible in the short term will be similar in extent to the existing view. Further to the southeast and southwest, the proposed development will be largely contained by the existing landform which will limit the majority of direct views to the site. In the short to medium term as restoration progresses, views of the site from the south will be softened and contained and replaced by views of a proposed tree belt around the acoustic bund. Consequently, no significant effects on visual amenity are anticipated. 8.11 The landscape and visual effects associated with the proposed development do not raise any conflicts with Policy EDQ1 of the LDP or Policies 14 and 33 of NPF4 as the effects would be moderate in the short to medium term and would be viewed in the context of a heavily modified existing landscape which has been affected by former deep mining and opencast mining activity. In the longer term, the proposed restoration works, including planting of native tree and shrub species through traditional forestry planting techniques using cell grown stock which will establish quickly, will help the site integrate successfully with the surrounding landscape and help return the site to a condition closer to its former use prior to Dewshill mining activities in accordance with Policy 9 of NPF4. Ecology and Biodiversity 8.12 Development that significantly affects protected species will only be permitted under Policy PROT A Natural Environment and Green Network Assets (Category 5) of the LDP and Policy 4 Natural Places of NPF4, where an appraisal has demonstrated that the protected species would not be compromised or that any significant adverse effects on the protected species can be mitigated. 8.13 A Preliminary Ecological Appraisal (PEA) dated February 2023 and an updated PEA dated May 2024 have been submitted in support of the application. The updated PEA notes that species diversity within the site is relatively poor and that of the habitats evidenced, they are secondary colonising habitats. There is no evidence of otters, badgers, water vole or bat Page 34 of 74
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roosts within the survey area. However, the site is considered to have locally moderate value for breeding birds, particularly within the open pastureland in the northern half of the site. Proposed mitigation includes either: a) the establishment of any immediate exclusion areas following a pre-start walkover survey where site preparation works in certain parts of the site would be delayed until the breeding season has finished whilst site preparation works in other parts of the site could continue without disruption to breeding birds or; b) any site preparation works such as vegetation removal or soil stripping would be carried out between October and the end of February to completely avoid the bird breeding season, so as to remove any possibility of disruption to breeding birds. Following the identification of crevices in the former Dewshill Quarry face as potential roost features a bat roost survey was commissioned during May 2024 to confirm whether any roosting bats were present. The survey consisted of two dusk emergence surveys (one in May and one in June 2024). The surveys conclusively proved that no active bat roost was present in the former Quarry face. Therefore, roosting bats are not an ecological constraint for the proposed former Quarry face re-profiling works. 8.14 The proposed mitigation detailed in the updated PEA by Baker Ecology dated May 2024 relative to breeding birds, demonstrates compliance with Policy PROT A Natural Environment and Green Network Assets (Category 5) of the LDP and Policy 4 Natural Places of NPF4. It is recommended that conditions are attached to any grant of planning permission to ensure that the proposed mitigation is carried out in accordance with the recommendations contained in the updated PEA. 8.15 Policy 3 Biodiversity of NPF4 provides that development proposals shall contribute to the enhancement of biodiversity, including where relevant, restoring degraded habitats and building and strengthening nature networks. A Biodiversity Net Gain Assessment by Gavia Environmental, dated April 2024, is submitted in support of the application. Proposals for biodiversity net gain both on-site and off-site are contained in the Assessment and shown in the submitted Biodiversity Plans (Figures 1 and 2) and include: creation of new woodland/planting of trees and hedgerows to increase habitat connectivity, foraging corridors and nesting opportunity; creation of wildflower meadow on open pasture land; installation of bat boxes and; off-site pond enhancement to provide diversity, shelter and food for amphibians and invertebrates. Whilst ‘net gain’ is not a requirement of NPF4 at the present time, the Biodiversity Net Gain Assessment advises that the proposed post-development enhancements will achieve biodiversity net gain of +43.24% from the site baseline. The proposed biodiversity measures exceed the requirements of Policy 3 of NPF4 and are therefore considered acceptable. Access and Transportation 8.16 Policies EDQ 1 Site Appraisal and EDQ3 Quality of Development of the LDP requires all development to achieve safe site access into and through development. The impact of traffic generated by the development on the road network and highway safety is accounted for in Policy CI Contributions to Infrastructure of the LDP which provides that all new development individually or cumulatively that generates a requirement for new or enhanced infrastructure or services, will be expected to contribute towards the provision of the required infrastructure, facilities and services. Policy CI is generally compatible with Policy 13 Sustainable Transport of NPF4 which requires development to incorporate safety measures including those to adequately mitigate against any impacts on local public access routes through, for example, reduction in the number and speed of vehicles. 8.17 The proposed development will generate approximately 60 LGV/HGV trips per day. Lorries will be securely sheeted to prevent spillages onto the public road network and will follow the route of the submitted Traffic Route Plan (Drawing Number 9715), along Forrest Road and Hirst Road towards junction 5 of the M8, thereby bypassing the village of Salsburgh. Forrest Road will be upgraded and realigned from the proposed site entrance to the overbridge which will ensure adequate visibility splays are provided for. Other measures will be conditioned to protect residential amenity, including: concrete surfacing of the internal access road together with wheel wash facilities; controlled hours of operation; a noise monitoring scheme; a complaints handling procedure and; Page 35 of 74
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establishment of a community liaison group to allow members of the community to raise concerns with the developer during site operations. Subject to conditions to protect residential amenity, NLC Roads does not object on grounds of access or transportation. The proposed development is therefore considered to comply with Policies EDQ and EDQ3 of the LDP and Policy 13 of NPF4. Noise Impact 8.18 Policy PROT C Mineral Resources (Category C1 Construction Minerals) aims to take account of any changes to national policy relative to noise impacts from mineral extraction processes. Both Policies 23 Health and Safety, and 33 (d) Minerals of NPF4 requires that a development demonstrates acceptable levels (including cumulative impact) of noise. 8.19 A Noise Impact Assessment (NIA) dated January 2023 and NIA Addendum dated February 2024 by Vibrock have been submitted in support of the application. A visual survey of the proposed development area was carried out and noise levels measured at three noise sensitive locations around the proposed development site. Properties most likely to be affected by the development are: Dewshill Farm to the northeast of the former colliery site, the occupiers of which have a financial interest in the development; Dewshill Cottage which lies immediately south of the former colliery site and; Nos 1-18 Dewshill Cottages which lie immediately south of the M8 motorway. 8.20 A series of noise prediction levels carried out in accordance with BS 5228-1: 2009 + A1: 2014 are included in the submitted NIA and assumptions were based on worst case scenarios when operations would be undertaken at their closest distances to the three noise sensitive locations and/or at highest topographic levels. The results conclude that the calculated noise levels from soils handling operations, shale extraction operations and land improvement operations do not exceed the BS 5228-1: 2009 daytime threshold if the proposed mitigation measures are implemented. Proposed mitigation measures to reduce noise emissions include a proposed 4m-5m height acoustic bund/barrier designed to run continuously along the southern edge of the colliery site, which will be formed during the initial phase of the works, together with controlled hours of operation and a continual noise monitoring scheme for the duration of the works, including a procedure to manage noise. 8.21 NLC Protective Services has indicated that, subject to the above mitigation measures and conditions attached to any grant of planning permission, it has no objection to the proposed development. In view of this, the predicted noise levels and proposed mitigation are considered to be acceptable and are therefore in accordance with the requirements of Policy PROT C of the LDP and Policies 23 Health and Safety and 33 (d) Minerals of NPF4. Air Quality 8.22 Policy PROT C Mineral Resources (Category C1 Construction Minerals) of the LDP and Policy 33 (d) Minerals of NPF4 also aim to ensure that the impacts of development on air quality, as a consequence of mineral extraction processes, are taken into account and that all mineral development demonstrates acceptable levels of dust and potential pollution of air. 8.23 An Air Quality Assessment has been submitted in support of the application and has been reviewed by NLC Protective Services in respect of the following considerations: adherence to policy requirements; characterisation of baseline air quality, method of assessment; evaluation of predictions; and study conclusions. The assessment has followed the Source- Receptor-Pathway methodology laid out in the IAQM Guidance on the Assessment of Mineral Dust Impacts for Planning and details each process that will be carried out as part of the proposed development. The assessment provides an emission magnitude based on various onsite processes, including, for example, the amount of material extracted and moved etc and distance to relevant receptors including those within 400m of the site (Dewshill Farm and Dewshill Cottages) in line with the IAQM Guidance. Page 36 of 74
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8.24 Protective Services has advised that the emission magnitudes noted in the Assessment are considered to be appropriate for the proposed onsite processes and that the proposed mitigation measures will ensure that air quality objectives will not be exceeded and that the effect of the proposed development on local air quality will not be significant. Protective Services has raised no objection to the development subject to a condition being attached to the grant of any planning permission to ensure that the proposed mitigation measures are included in a formal Dust Management Plan to be submitted to the Planning Authority for approval prior to the commencement of works on site. On this basis, the proposed development does not raise any conflicts with Policy PROT C of the LDP or Policy 33 (d) of NPF4. Coal Mining Legacy 8.25 Policy EDQ2 Specific Features for Consideration of the LDP requires that where land is known or suspected to be unstable or contaminated, development proposals will demonstrate that the land is, or can be made, safe and suitable for the proposed new use. The site lies within a Coal Authority high risk area, however, given the nature of the proposal, the Coal Authority has indicated that a Coal Mining Risk Assessment would not be proportionate in this particular instance and as such does not object to the application but recommends that should planning permission be granted, an advisory note is attached to provide guidance to the developer in the event of coal mining features being unexpectedly encountered during the course of the development. Relative to the above matters, the proposed development raises no conflict with Policy EDQ2 of the LDP. Archaeology 8.26 Policy PROT B Historic Environment Assets (Category B3) of the LDP and Policy 7 Historic Assets and Places of NPF4 provide that for sites of archaeological interest, the aim should be to preserve in situ wherever feasible. 8.27 The application is supported by an Archaeological Desk-based Assessment dated February 2023. The Assessment notes that since the land in the northern half of the site has not previously been extensively developed, there is some potential for the survival of hitherto unrecorded sub-surface remains within the site. Whilst the land in the southern half of the site (the former colliery) has been heavily exploited, there is potential for the survival of remains relating to the activity of the colliery underneath the spoil heaps. The Assessment also notes that there are ten known cultural heritage sites within the application site that could potentially be directly affected by the proposal. These consist of Dewshill Colliery (CHS 1), Dewshill well (CHS 8), Dewshill quarries (CHS 9, CHS 10 and CHS 14), two modern structures (CHS 11 and CHS 16) and three drystone field boundaries (CHS 12, CHS 13 and CHS 15). 8.28 Accordingly, NLC’s Archaeologist has recommended that if planning permission is granted, a condition is attached to ensure that prior to the commencement of the development, the developer has secured, and submitted to the Planning Authority for approval, the implementation of a programme of archaeological mitigation to establish the presence, or otherwise, of cultural heritage remains within the site. The condition will ensure that the development meets the requirements of Policy PROT B of the LDP and Policy 7 of NPF4. Waste Management and Soils 8.29 Policy 5 Soils of NPF4 seeks to ensure development minimises the amount of disturbance to soils on undeveloped land and Policy 12 Zero Waste of NPF4 supports developments which use materials with the lowest forms of embodied emissions, such as recycled and natural construction materials and/or are suitable for reuse with minimal reprocessing. 8.30 Whilst there will be some disturbance to soil attributed to the proposed extraction and reprofiling works, the site is currently classed as derelict land associated with past mining activity. Accordingly, the development presents no conflict with Policy 5 of NPF4. Page 37 of 74
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8.31 Following the proposed extraction process, the shale will be processed by dry screening and sold on to the construction industry as a secondary aggregate. The unusable material, together with imported inert waste will be used in the northern half of the site for agricultural improvement. As colliery shale falls within the definition of ‘extractive waste’ of Regulation 2 of The Management of Extractive Waste (Scotland) Regulations 2010, applications involving extractive waste require to be supported by a Waste Management Plan in accordance with Regulation 11. This application has been accompanied by a Waste Management Plan which provides details of the reduction of waste and its harmfulness, together with details of recovery of the extractive waste by means of recycling, reusing, reclaiming and/or by short and long-term safe disposal of the waste. The submitted Waste Management Plan meets the objectives of Schedule 1 of The Management of Extractive Waste (Scotland) Regulations 2010 and demonstrates that the development will generate minimal waste with waste materials either being reused on site as part of the reprofiling works and/or being removed from site and sold as secondary aggregate to the construction industry. The proposed extraction of colliery shale and reprofiling works do not conflict with the b)v. reuse and recycle objectives of Policy 12 of NPF4. Flood Risk / Drainage 8.32 Policy EDQ1 Site Appraisal provides that development shall take account of any impacts associated with the holistic water environment, flood risk, public utilities and drainage systems and, as required by Policy 22 Flood risk and Water Management of NPF4, all rain and surface water will be managed through sustainable urban drainage systems (SUDS). 8.33 SEPA’s large scale Flood Maps show that small sections of the site corresponding to minor watercourses and waterbodies surrounding the site are identified at risk of surface water (pluvial) flooding. The application is accompanied by a Flood Risk Assessment, dated April 2023, which demonstrates how surface water run-off will be managed. The fines derived from processing tipped material in the southern catchment will be deposited in the northern catchment to improve the agricultural potential of the land. This will not significantly alter the landform or the subsequent run-off regime in the northern catchment and a small pond located in this area will provide attenuation of surface water run-off, prior to discharging off-site, during both the processing and restoration phases. The pond will be maintained and improved as part of the proposed works and post-restoration the pond will be enlarged to enable it to accommodate run-off from the whole site. A drainage ditch will be installed in the southern catchment to ensure run-off from this area is directed towards the pond and the watercourse network. It will also ensure that the pond outside the site, forming part of the proposal for biodiversity enhancement, does not receive run- off from the development site. 8.34 SEPA has raised no objection to the application and/or provided any comments and it is considered that the submitted FRA provides sufficient mitigation against surface-water run-off. In view of the above and subject to mitigation to prevent flood risk and conditions to this effect, the proposed development does not raise any conflict with Policy EDQ1 of the LDP or Policy 22 of NPF4. Restoration 8.35 For development involving the sustainable extraction of minerals, Policy PROT C Mineral Resources of the LDP and Policy 33 Minerals of NPF4 require proposals to be accompanied by restoration plans that demonstrate high standards of restoration and aftercare. 8.36 Details of restoration have been submitted in support of the proposal, although the costs associated with the restoration are unknown at this time. Progressive reinstatement works would begin before land profiling is complete in a phased manner with the topsoil from each forward phase being transposed onto the previous completed phase. Seeding works would be carried out together with woodland shelter belts planted. On completion of the Page 38 of 74
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land raising, drainage works and reinstatement works, the land would be managed for rehabilitation and management over a period of 5 years. This continued involvement should prove beneficial with respect to the long-term quality of restoration and aftercare of the land. 8.37 The costs of restoration will be met by the developer and secured by the developer entering into a legal agreement with the Council. The Council’s legal costs, including any peer review costs associated with the restoration works, will be borne by the developer. 8.38 Subject to the aforementioned legal agreement, the proposed restoration plan is considered to acceptable and is in accordance with Policy PROT C of the LDP and Policy 33 of NPF4. Conclusion 8.39 The extraction and processing of shale for onward sale to the construction industry as a secondary aggregate coupled with reprofiling of poor-quality agricultural land to improve the agricultural potential of the land, would take place over a period of 15 years without significant effects to landscape, air quality, the water environment, the road network or communities. 8.38 The temporary landscape and visual effects associated with the development during the operational phase would be mitigated through progressive and phased restoration including woodland planting around the perimeter of the site. At present the site is of low ecological value due to the type and condition of habitats present. The proposed biodiversity net gain measures, including native hedgerows and broadleaved woodland, would promote a variety of habitats and foraging opportunities for mammals, bats and birds together with improved accessibility and path connections to enhanced and managed green spaces. Allowing for habitats retention and biodiversity enhancement both on and off site, the total post-development score shows a net gain of +43.24% from the site baseline, confirming that the proposed development offers biodiversity enhancements to the site and immediate surrounding area. 8.39 The proposed drainage and flood protection measures would mitigate against the risk of flood from all sources. In terms of noise, a proposed 4m-5m height acoustic bund/barrier designed to run continuously along the southern edge of the colliery site, would be formed during the initial phase of the works to mitigate against noise. A continual noise monitoring and complaints scheme would also be in place for the duration of the works. 8.40 Subject to all other conditions, including those to protect residential amenity, the proposed development is considered to meet the requirements of Policies PROT A, PROT C, PP 5, AD 5, EDQ 1, EDQ 2 and EDQ 3 of the LDP and Policies 2, 3, 4, 9, 12, 13, 14, 22, 23 and 33 of NPF4 and is therefore recommended for approval. Page 39 of 74
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Application No: 24/00043/FUL Proposed Development: Proposed battery energy storage system (BESS) and associated access Site Address: Land At Burnbank Street Greenhill Coatbridge Date Registered: 6th February 2024 Applicant: Renewable Connections Developments Ltd Level 4 3 Noble Street London EC2V 7EE Agent: Wardell Armstrong LLP FAO Abigail Brown Suite 3/1, Great Michael House 14 Links Place Edinburgh EH6 7EZ Application Level: Major Application Contrary to Development Plan: No Ward: 07 Coatbridge North Kirsten Larson, Alexander McVey, Bill Shields, Allan Stubbs, Representations: 0 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed Battery Energy Storage System complies with and gains support from the policies contained in both National Planning Framework 4 and the North Lanarkshire Local Development Plan as it could be accommodated within the site without adverse impact on the wider surrounding area. Page 40 of 74
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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: 24/00043/FUL Name (of applicant): Renewable Connections Developments Ltd Site Address: Land At Burnbank Street Greenhill Coatbridge Development: Proposed Battery Energy Storage System (BESS) and Associated Access Page 41 of 74
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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:- RCN1015-171 E; ED13500-C-3100B; RCN1015-230; RCN1015-231; RCN1015-232; RCN1015-220; RCN1015-221; RCN1015-222; RCN1015-226; RCN1015-250; RCN1015-255 RCN1015-PLE-01 REVH; ED13500-WAS-XX-XX-D-L-0001 Reason: To clarify the drawings on which this approval of permission is founded. 2. That prior to works commencing on site details of the colour and materials to be used on all structures shall be submitted to and approved in writing by the Planning Authority. Reason: In the interests of the visual amenity of the area. 3. That before works commence on site full details of the biodiversity enhancement measures (including the species and number of hedging plants) shown on plan ED13500- WAS-XX-XX-D-L-0001 Landscape Masterplan shall be submitted to and approved in writing by the Planning Authority. Reason: In the interests of biodiversity. 4. That prior to works starting on site, a detailed route and protocol for abnormal load movements shall be submitted to the Planning Authority for its written approval in consultation with NLC Traffic and Transportation. Reason: In the interests of traffic safety. Background Papers: Consultation Responses: Environmental Health (including Pollution Control) 27.02.2024, 03.07.2024 The Coal Authority 19.02.2024, 14.06.2024 Traffic & Transportation 14.02.2024, 03.04.2024 Scottish Fire & Rescue Scottish Environment Protection Agency 12.02.2024, 05.03.2024, 07.05.2024 Scottish Gas Network 12.2.2024 Contact Information: Susan Hunt at planningenquiry@northlan.gov.uk or 01236 632487 Report Date: 26th July 2024 Page 42 of 74
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REPORT 1. Site Description 1.1 The site is located within an existing industrial estate to the North of Coatbridge which consists of a mixture of operational and vacant sites. The current site is vacant, consists of fairly level hardstanding with some self seeded scrub vegetation in the south east of the site and extends to 1.18 acres. The site takes access from Burnbank Street via an existing access serving the industrial estate. The site is bound by a stone wall to the east and south and by open yard space to the north and west. The nearest residential properties are located on Burnbank Street to the north of the site (approximately 125m away from the location of the battery energy storage containers). 2. Proposed Development 2.1 The application seeks full planning permission for the installation of a battery energy storage system and associated infrastructure, including a substation, switch room building, storage unit, fencing and CCTV cameras. The proposed batteries store electricity and would allow the local Grid network to operate more efficiently, taking excess energy, storing it and releasing it into the network when the grid needs it a times of peak demand. The system would have a maximum import capacity of 30MW. 2.2 The development would comprise: • A substation measuring 12m long by 4.5m wide by 3.75m high. • A customer Switchgear measuring 12m long by 2.4m wide and 2.6m high. • 168 units positioned in 7 groups, each group consisting of 2 rows of battery units, 2 inverters and 1 transformer. Each battery unit is 2.2m long, 1.3m wide and 1.4 high. • The site would be bound by security fencing approximately 2m high with CCTV security cameras mounted along the fence at regular intervals. 2.3 Construction is expected to take around 20 weeks. 2.4 Estimated that up to 10 construction workers will be on site at peak times during the construction period. A temporary car parking area will be provided on the site within a contractor’s compound. On average 6 cars/vans and 2 HGVs are expected to visit the site every day (total 8 x two way vehicle movements per day). 2.5 During the operational phase the activities on-site would consist of the maintenance and servicing of plant and equipment. No more than one or two vehicles would need to access the site per month. Most would be undertaken by an operative in a van or 4x4 type vehicle except where repairs or replacement is required. 2.6 The proposal comprises the development of an energy storage facility which has a capacity of 30MWW (which exceeds 20 megawatts but does not exceed the 50MW limit at which the Scottish Government’s Energy Consents Unit would determine the application under the Electricity Acts). The Chief Planner’s Letter dated 27th August 2020 advises that the Scottish Government considers that a battery installation generates electricity and is therefore to be treated as a generating station. This application is, therefore, classified as a Major Development under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. The applicant has carried out the required pre-application consultation (21/01176/PAN and 23/00229/PAN) and a Pre-Application Consultation Report outlining comments made by the public has been submitted as part of this application. The manner of the consultation exercise, including the notification and press advertisement process, complied with the relevant legislation. Page 43 of 74
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3. Applicant’s Supporting Information • Design and Access Statement • Noise Assessment • Flood Risk Assessment • Coal Mining Risk Assessment 4. Site History • 21/01152/EIASCR EIA Screening Opinion Request - 30MW Battery Energy Storage System (BESS) with Associated Access and Infrastructure • 21/01176/PAN Proposed 30MW Battery Energy Storage System (BESS) with Assoicated Access & Infrastructure • 23/00229/PAN Proposed 30MW Battery Energy Storage System (BESS) with Associated Access & Infrastructure • 23/00818/FUL battery energy storage system (20MW) and associated access (application withdrawn) 5. Development Plan 5.1 The development plan comprises National Planning Framework 4 and the North Lanarkshire Local Development Plan. 6. Consultations 6.1 The Coal Authority have reviewed the Coal Mining Risk Assessment submitted with the application and have no objection to the application nor wish any conditions imposed. 6.2 SEPA have reviewed the application and supporting Flood Risk Assessment and raise no objection to the application. 6.3 NLC Protective Services requested further information in respect of the Noise Impact Assessment which was provided and found to satisfy the queries raised. No objection has been raised and no conditions requested. Further standard guidance was provided for the construction phase including noise, working hours, dust emissions and waste (will be added as informative notes). 6.4 NLC Roads had no objection subject to further information being provided on the details of the size of vehicles required during construction (particularly abnormal loads which may impact access, internal layout and delivery route) together with details showing any traffic management at the site access and along the delivery route to facilitate large vehicles during construction. It is considered that this can adequately be secured via planning condition. 6.5 Scottish Gas Network confirmed that they had no high pressure pipelines in the vicinity and had no objection. 6.6 Scottish Fire & Rescue raised no objection but provided their guidance on Battery Energy Storage Systems the content of which had been addressed by the applicant in their supporting statement. 7. Representations 7.1 Following standard neighbour notification and press advert procedures no letters of representation were received. Page 44 of 74
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8. Planning Assessment 8.1 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning applications be determined in accordance with the development plan unless material considerations indicate otherwise. National Planning Framework 4 (NPF4) 8.2 National Planning Framework 4 was adopted on 13 February 2023, replacing NPF3 and Scottish Planning Policy. NPF4 guides spatial development, designates national developments, highlights regional spatial strategies and sets out national planning policies until 2045. 8.3 The development draws support from NPF4 in principle. NPF4 clearly states “As technologies continue to develop, storage and other forms of generation will grow” and also outlines general support for storage technology and capacity. The document also details that the planning system should ‘provide support’ for energy storage. 8.4 There are six overarching spatial principles contained within NPF4. The most pertinent to renewable energy is ‘just transition’. This principle is designed to ensure that the move to net zero is fair and inclusive. 8.5 NPF 4 Policy 1 Tackling the climate and nature crisis states that when considering all development proposals significant weight will be given to the global climate and nature crisis. 8.6 The proposed development is a battery energy storage facility which assists the distribution network via grid stabilisation and regulation of peak and surplus demand. In terms of the climate crisis, provision of a management resource for renewable energy will assist by aiding the efficient use of low carbon alternatives to existing traditional fossil based energy sources that contribute to the climate crisis. With regard to the nature crisis, the site is of very limited ecological value as it is primarily hard surfaced. Biodiversity enhancements are discussed below. It is considered that the development is supported by Policy 1. 8.7 NPF4 Policy 2 Climate mitigation and adaptation. The proposed Battery Energy Storage System is designed to support the efficient management of low carbon energy from renewable sources and is therefore a facilitating development that aids wider renewable developments to minimise emissions. It is considered that the application gains some support from Policy 2. 8.8 NPF 4 Policy 3 Biodiversity states: Development proposals will contribute to the enhancement of biodiversity, including where relevant, restoring degraded habitats and building and strengthening nature networks and the connections between them. Proposals should also integrate nature- based solutions where possible. Development proposals for national or major development will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention. 8.9 The proposed site is considered to be of very low ecological value, given its location, limited area and with the majority of the site comprised of hardstanding. It is considered that the potential negative effects are minimal. Taking a proportional and pragmatic approach to biodiversity the applicant was asked to consider what measures could be utilised within the development to improve biodiversity. The applicant has agreed to Page 45 of 74
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include native hedge planting along the western boundary, retain the and enhance the small pockets of scrub in the south east of the site; and to look to create two small areas of habitat creation within the site (such as bee bricks, bug hotels or hibernacula). These measures are considered to represent an enhancement to biodiversity within the site and the details of the planting and habitat creation can be secured by condition. On this basis, it is considered that the proposal complies with the requirements of NPF4 policy 3. 8.10 NPF4 Policy 9 Brownfield, vacant and derelict land and empty buildings seeks to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development’. One of the key policy outcomes is to ensure development is directed to the right locations, maximising the use of existing assets and minimising additional land take. NPF4 defines brownfield land as being ‘land which has previously been developed. The term may cover vacant or derelict land, land occupied by redundant or unused buildings and developed land within the settlement boundary where further intensification of use is considered acceptable. 8.11 The proposed development is located on a brownfield, vacant site and is therefore supported in principle by policy 9 in that it would bring back into use an area of vacant land utilising an existing asset and avoiding new land take. The policy also notes that details of the proposed use must also be assessed in terms of its own acceptability and impact under separate policies. 8.12 NPF4 Policy 11 Energy states that project design and mitigation will demonstrate how visual impacts on communities and individual dwellings are addressed along with any significant landscape and visual impacts and cumulative impacts, recognising that such impacts are to be expected for some forms of renewable energy. Where impacts are localised and/or appropriate design mitigation has been applied, they will generally be considered to be acceptable. The policy also advises that impacts on the historic environment should also be addressed through acceptable design and mitigation. 8.13 In terms of visual impact, it is considered that this element of the policy is primarily aimed at turbine type developments. The proposed BESS development is functional in nature and comprises containers within a site compound. It is considered that the limited height of the containers will largely prevent any adverse visual impacts and would not result in far reaching impacts. 8.14 Policy 11 of NPF4 also states that project design and mitigation will demonstrate how impacts on communities and individual dwellings, including, residential amenity and noise are addressed. Policy 23 (Health and Safety) of NPF4 requires that development proposals that are likely to raise unacceptable noise issues will not be supported, whilst the agent of change principle applies to noise sensitive development and a noise impact assessment may be required where the nature of the proposal or its location suggests that significant effects are likely. 8.15 A Noise Impact Assessment was submitted in support of the application and demonstrates that it is unlikely that there will be any detrimental noise impact on the surrounding area resulting from the proposed development and the findings of the report have been reviewed, consulted upon and are accepted. 8.16 Policy 11 of NPF4 also states that development proposals will only be supported where they maximise net economic impact, including local and community socio-economic benefits such as employment, associated business and supply chain opportunities. 8.17 The applicant advises that the development would provide inward investment to the local community by providing local job opportunities during construction and decommissioning, either directly or down the supply chain; by enabling local clean energy production and by increased local economic activity from construction and maintenance workers. The proposal would contribute towards meeting renewable Page 46 of 74
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energy targets by providing grid support to facilitate greater deployment of renewable energy. 8.18 Taking the above into account it is considered that the application is supported by Policy 11. 8.19 NPF 4 Policy 22 Flood Risk requires a precautionary approach to flood risk be taken by avoiding development within areas at risk of flooding. The site is partly shown to be at risk of flooding based on the SEPA future flood maps at the east and west boundaries of the site. This indicates that there is a risk of flooding from the North Burn situated to the east of the site. 8.20 It is considered that the application qualifies under exemption (a) (iii) of Policy 22 where the site has historically had an industrial use and the proposal is for an equal or less vulnerable land use. 8.21 There will be minimal land raising within the site and the proposal is not considered likely to lead to any material increase in flood risk to either the site itself or to other down stream receptors. 8.22 SEPA has reviewed the proposal and Flood Risk Assessment and has offered no objection to the application. It is considered that the application is in acceptable in terms of policy 22. 8.23 Overall it is considered that policies 1, 2 ,3 11 and 22 of National Planning Framework are most applicable to this application and, on the basis of discussions above, the application is in accordance with and gains support from these policies. 8.24 Turning to the North Lanarkshire Local Development Plan the site lies within an area characterised as General Urban Area (Purpose of Place Policy 3) and is identified as NLC00502 with a PROMLOC2 Existing Business Site designation but falling outwith Strategic Business Centres and Local Centres and identified as other. 8.25 PP3 Purpose of Place (General Urban Area) seeks to maintain and improve the level of amenity in urban areas, by encouraging development that is in keeping with their residential character and encouraging diversity in more mixed-use areas. The policy also provides for the maintenance of the existing mix of other urban uses, or introduction of a limited range of ancillary uses and activities out with Classes 8 and 9 of an appropriate scale within recognisably mixed use areas can be appropriate to support the operation of the General Urban Area. The site falls in an established industrial area and as such the proposal is considered an acceptable use on that basis. The supporting statement outlines the specific locational need constraints and site selection process. Policy AD3 Amount of Development in General Urban Area points the assessment of acceptability of the proposal to policies EDQ, PROM and PROT. 8.26 In terms of Promotion (PROM) policies the site does not fall within a Strategic or Local Business Centre but is classed as other identified business site and, as such, this application as a utilities proposal should be assessed against the Environmental and Design Policies EDQ1-3 rather than justified under the Amount of Development polices. There are no Protect (PROT) polices that cover this site. 8.27 In terms of Environmental Design Qualities Policies EDQ 1 Site Appraisal requires that any proposed development be appraised in terms of the site and its surroundings to ensure that it will integrate successfully into the local area and avoid harm to neighbouring amenity. The applicant has submitted a Design and Access Statement with the application and it is considered that this meets the requirements of policy EDQ1. 8.28 EDQ Policy 2 requires applications to be accompanied by an assessment of how Page 47 of 74
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constraints affect sites dependant on the characteristics of the site, its surroundings and the form of development. In terms of EDQ2A Hazardous Zones the application is supported by a Flood Risk Assessment and Coal Mining Risk Assessment both of which have been reviewed, consulted upon and found to be acceptable. In terms of contaminated land it is acknowledged that as a site within a historic industrial area there may be some contamination; however, as there will be limited ground breaking works and due to the nature of the containers there is not a requirement for a Site Investigation to be submitted. In terms of EDQ2B Utilities Infrastructure Scottish Gas Networks have confirmed that there are no high pressure pipelines within the vicinity of the site. Turning to EDQ2C Management Areas it is noted that the site does not fall within an Air Quality Management Area and due to the nature and scale of the development does not require an Air Quality Assessment and the site does not fall within a Noise Management Area. On this basis, it is considered that the application meets the requirements to assess the relevant constraints affecting the site. 8.29 EDQ Policy 3 Quality of Development states that development will only be permitted where high standards of site planning and sustainable design are achieved whilst taking into account policies EDQ1 and 2. It is considered that the proposal is of utilitarian design and is designed to wholly support an efficient and effective Battery Energy Storage System. The units are of standard commercial design and not dissimilar to storage containers laid out in a linear fashion. The site will be fenced and some additional native hedgerow planting provided along the western boundary. It is considered that the Battery Energy Storage System would not be visually intrusive given its site location amongst an industrial estate and its limited height. The application is supported by a Coal Mining Risk Assessment, Flood Risk Assessment and Noise Impact Assessment which have been reviewed and found acceptable. A Drainage plan has been submitted and also found acceptable. As noted above NLC Traffic and Transportation have no objection to the development but seek the provision of details of vehicles and routes during the construction period and it is considered that this can be adequately secured by condition. 8.30 Taking the above into account it is considered that the application complies with the relevant policies of the North Lanarkshire Local Development Plan 9. Conclusions 9.1 Taking the above discussions into account it is considered that the proposed Battery Energy Storage System complies with and gains support from the policies contained in both National Planning Framework 4 and the North Lanarkshire Local Development Plan as it could be accommodated within the site without adverse impact on the surrounding area. As such, it is recommended that planning permission be granted subject to conditions. Page 48 of 74
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Application No: 24/00182/FUL Proposed Development: Construction of Community Hub comprising a replacement St Stephen's primary school, the Language and Communication Support Centre (LCSC) and associated LCSC provision, a nursery class, community facilities and corresponding sports amenities, together with a fully landscaped site for the school and associated car parking and drop off. Site Address: St Stephen's Primary School Sikeside Street Sikeside Coatbridge ML5 4QH Date Registered: 23rd February 2024 Applicant: North Lanarkshire Council Civic Centre Windmillhill Street Motherwell ML1 1AB Agent: Ryder Architecture FAO Chris Malcolm 221 West George Street Glasgow G2 2ND Application Level: Major Application Contrary to Development Plan: No Ward: 11 Coatbridge South Tracy Carragher, Geraldine Woods, Fergus MacGregor, Andrew Bustard, Representations: 1 letter(s) of representation received. Recommendation: Approve Subject to conditions Reasoned Justification: The proposed development of a Community Hub comprising a replacement St Stephen's primary school, the Language and Communication Support Centre (LCSC) and associated LCSC provision, a nursery class, community facilities and corresponding sports amenities, together with a fully landscaped site for the school and associated car parking and drop off, is considered to be acceptable and aligns with the principles of both National Planning Framework 4 and the North Lanarkshire Local Plan (2022). Page 49 of 74
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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: 24/00182/FUL Name (of applicant): North Lanarkshire Council Site Address: St Stephen's Primary School Sikeside Street Sikeside Coatbridge ML5 4QH Development: Construction of Community Hub Comprising a Replacement St. Stephen's Primary School, the Language and Communication Support Centre (LCSC) and Associated LCSC Provision, a Nursery Class, Community Facilities and Corresponding Sports Amenities, together with a Fully Landscaped Site for the School and Associated Car Parking and Drop Off Page 50 of 74
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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 or such updated drawings as may be required to reflect the requirements of planning conditions 2-21 that follow:- :- SCH-RYD-ZZ-00-DR-A-1410-S2-P22, SCH-RYD-ZZ-00-DR-A-1411-S2-P22, SCH-RYD- ZZ-R2-DR-A-1412-S2-P9, SCH-RYD-ZZ-ZZ-DR-A-0100-S2-P2, SCH-RYD-ZZ-ZZ-DR-A- 0102-S2-P1, SCH-RYD-ZZ-ZZ-DR-A-1414_S2-P10, SCH-RYD-ZZ-ZZ-DR-A-1415-S2- P7, SCH-RYD-ZZ-ZZ-DR-L-2103-S2-P22, SCH-RYD-ZZ-ZZ-DR-L-2141-S2-P4, SCH- RYD-ZZ-ZZ-DR-L-2142-S2-P5, SCH-RYD-ZZ-ZZ-DR-L-2150-S2-P5, SCH-RYD-ZZ-ZZ- DR-L-2700-S2-P10, SCH-RYD-ZZ-ZZ-DR-L-7000-S2-P4, SCH-RYD-ZZ-ZZ-DR-A-0110- S2-P2, SCH-RYD-ZZ-ZZ-DR-L-9005-S2-P10, SCH-SZE-XX-XX-DR-S-9016, SCH-SZE- XX-XX-DR-S-9017 and SCH-SZE-XX-XX-DR-S-9018. Reason: To clarify the drawings on which this approval of permission is founded. 2. That visibility splays of 4.5m x 60m at a height of 1.05m shall be provided in both directions along Sikeside Street and shown on a drawing. The visibility splay should be provided entirely within the public road boundary, or on land within control of the applicant. Everything above 1.05m shall be removed from the sight lines and thereafter nothing exceeding 1.05m shall be planted, placed, erected or allowed to grow within the slight lines area. Reason: To ensure adequate sight lines are achieved. 3. That before development herby permitted is taken into beneficial use, with the exception of ground enabling works which includes land profiling, and unless otherwise agreed in writing with the Planning Authority, details shall be submitted and approved in writing by the planning authority showing the following active travel improvements: a) The existing bus-stop on Sikeside Street, which has been relocated, requires high access kerbs, bus-cage markings a bus shelter and an uninterrupted 4.0m footway width in order to to accommodate a bus shelter. b) The footway to the north of the site at Shiel Place shall be widened to a minimum width of 3m. c) The right turn, ‘Ghost Lane’ on Sikeside Street, shall have a minimum width of 2.5m. d) Within the site, minimum carparking spaces of 2.5m x 5.0m with an isle width of 6.0m shall be provided. e) Road Construction Consent shall be required for all safety apparatus and active travel improvements on the public carriageway/footway. Reason: To ensure that the site is served by appropriate pedestrian access facilities and in the interest of road safety. 4. That before the school is brought into use the pedestrian links shall be completed to the satisfaction of the planning authority. Reason: To ensure that the site is served by appropriate pedestrian access facilities and in the interest of road safety. 5. That no later than 9 months of the development hereby permitted being brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas. Page 51 of 74
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Reason: To ensure that the parking and manoeuvring areas are suitable surfaced. 6. That before the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- a) Details of any earth moulding and hard landscaping, grass seeding and turfing; b) A scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; in particular this should include a detailed scheme of biodiversity enhancement, seasonal shrub planting and trees within and bordering the edge of the site. c) A detailed timetable for all landscaping works within the site and shall set out that the works be carried out contemporaneously with the development of the site. For the avoidance of doubt, the details submitted to discharge this condition shall build upon the landscaping plans submitted as part of the application. Reason: To enable the Planning Authority to consider these aspects. 7. That all works included in the scheme of landscaping and planting, approved under the terms of Condition 6 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species. Reason: To ensure the implementation of the landscaping scheme in the interest of amenity. 8. That before any works of any description start on the application site, with the exception of ground enabling works which includes land profiling and unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the Planning Authority. The investigation must be carried out in accordance with current best practice advice such as BS10175: ‘The Investigation of Potentially Contaminated Sites’ or CLR 11. The report must include a site-specific risk assessment of all relevant pollutant linkages and a conceptual site model. Depending on the results of the investigation, a Detailed Remediation Strategy may be required. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents of the site. 9. That any remediation works identified by the report agreed in terms of Condition 8 above shall be carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. The shared campus shall not be occupied until a certificate (signed by a chartered Environmental Engineer) has been submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the agreed Remediation Strategy. Reason: To ensure that any remediation identified has been implemented in the interests of the amenity and wellbeing of users. 10. That before the development hereby permitted starts, with the exception of ground enabling works which includes land profiling and unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance. Reason: To ensure that the drainage scheme complies with best SUDS practice to Page 52 of 74
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protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site. 11. That the SUDS compliant surface water drainage scheme approved in terms of Condition 10 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans. Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site. 12. That prior to the commencement of development, with the exception of ground enabling works which includes land profiling, 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 drainage arrangements. 13. That prior to any works commencing on site, with the exception of ground enabling works which includes land profiling a Construction Environmental Method Statement shall be submitted to and approved by the Planning Authority. The Construction Method Statement shall cover: • Details of how the development will be phased • Details of the location of site compound and management facilities • Details of construction access, construction worker parking and storage areas • Details of all parking areas to be retained and maintained to assist with the operation of the existing and proposed schools. • Submission of a Dust Action Plan The development shall thereafter be implemented in accordance with the approved Construction Method Statement. Reason: In the interests of the amenity of the area, to ensure adequate parking provision for the functioning of the school. and to ensure ecological protection measures are in place. 14. That should 18 months or more has elapsed between the timing of the initial ecological survey, dated February 2024 hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species including Badgers and bats, the said surveys shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any mitigation measures be required for any protected species, this shall be implemented in accordance with the species protection plan agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site. Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.' 15. That before the development hereby permitted starts, with the exception of ground enabling works which includes land profiling, and unless otherwise agreed in writing with Page 53 of 74
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the Planning Authority, full details of the facing materials to be used on all external walls and roofs shall be submitted to and approved in writing by the Planning Authority. Reason: In the interests of amenity and design by ensuring that external materials are appropriate for the site. 16. That before the development hereby permitted starts, with the exception of ground enabling works which includes land profiling, and 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 access road, footways, junctions, parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority. The approved details shall be implemented contemporaneously with the development in so far as is reasonably practical. Reason: In the interests of amenity and design by ensuring that the materials are appropriate for the site. 17. That before the development hereby permitted starts, with the exception of ground enabling works which includes land profiling, and unless otherwise agreed in writing with the Planning Authority, full details of the design and location of all fences and walls to be erected on the site shall be submitted to and approved in writing by the Planning Authority. The approved details shall be implemented contemporaneously with the development in so far as is reasonably practical. Reason: To enable the Planning Authority to consider these aspects in detail. 18. The design, installation and operation of any air conditioning/ventilation or other plant for the proposed development and any other noise associated with the completed development shall be such as will not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 22.00 hours and N.R.C. 25 at all other times. Reason: In the interests of surrounding residential amenity. 19. Unless otherwise agreed in writing with the Planning Service, Prior to commencement, an Air Quality Impact Assessment shall be submitted to, and agreed in writing by the Planning Service, in conjunction with the Protective Services Department. All recommendations of the submitted report shall be implemented in full along with any further recommendations as identified by the Environmental Health Officer. Reason: To enable the Planning Authority to retain effective control, and to protect the surrounding area from adverse air quality during construction and operation of the site. 20. No development (other than the demolition of any buildings) shall commence until the remediation works to address land instability arising from coal mining legacy, as identified in the Geo-Environmental Report on Site Investigations (January 2024, prepared by Mason Evans Geo-Environmental Consultants), have been implemented on site in full. The remedial works shall be carried out in accordance with authoritative UK guidance. Reason: In order to ensure that the site is made safe and stable for the development proposed. 21. Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall Page 54 of 74
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confirm the satisfactory completion of the remedial works to address the risks posed by past coal mining activity. Reason: In order to ensure that the site is made safe and stable for the development proposed. Background Papers: Consultation Responses: Scottish Gas Network 27th February 2024 Environmental Health (including Pollution Control) 28th March 2024 & 1st August 2024 The Coal Authority 7th March 2024 Traffic & Transportation 9th April 2024 & 29th July 2024 Scottish Water 11th March 2024 NLC Greenspace 2nd July 2024 Food Safety / Business Regulations 5th March 2024 Contact Information: Colin Bradley at planningenquiry@northlan.gov.uk or 01236 632487 Report Date: 1st August 2024 Page 55 of 74
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REPORT 1. Site Description 1.1 The application site is located to the east of Sikeside Street in Coatbridge. The principal access point is from Sikeside Street. The site is further bound by Cumbrae Crescent to the south and Shiel Place to the north. 1.2 The overall site has previously been occupied by 2 separate primary schools, Sikeside Primary and St Stephens Primary School. Sikeside Primary School has been demolished in order to accommodate the new proposed hub and St Stephens Primary School remains in-situ and shall be retained until such time as the replacement hub has been built out. The new proposed building shall be directly to the south of the existing St Stephens Primary School. 1.3 The overall site measures some 3.33 hectares and the gross floor space of the building itself shall measure 5,126m2 over two storeys within this overall space. 2. Proposed Development 2.1 It is intended to replace 2 primary schools that previously sat on site with a single, community hub with capacity for the needs of the local community. Specifically, permission is sought for the Construction of a Community Hub comprising a replacement St Stephen's Primary School, the Language and Communication Support Centre (LCSC) and associated LCSC provision, a nursery class, community facilities and corresponding sports amenities, together with a fully landscaped site for the school and associated car parking and drop off. Initially it was intended to accommodate a level of Police accommodation within the building however during the processing of this application Police Scotland have withdrawn their interest in utilising accommodation within the building. 2.2 The building shall have floorspace of 5,126m2, be two storeys tall and shall be located to the central/southern aspect of the main site immediately adjoining Sikeside Street. The principal access point for the school faces north and features a large void area which could act as a ‘shelter shed’ from inclement weather. On the ground floor there shall be a double height community hall with ancillary store, kitchen waiting area and facilities management office to the northwest of the building. The ‘Early Years Centre’ of the school is located immediately behind the community hall and is accessed from both internally within the school and has a dedicated access point to the outdoor play, fenced enclosure immediately adjacent to it. The ground floor also features the assembly / P.E. Hall, associated changing rooms, the dining area, administration and staff areas, classrooms and the LCSC area along with plant rooms and storage areas. The upper floor of the proposed building shall feature two wings of classrooms, to the east and the west, and both shall have ‘breakout spaces, associated to the respective wings and bathroom facilities for the children and staff. Alongside this there are two ‘General Purpose’ rooms and an ‘E-Learning suite. Directly above the principal access area of the community hub shall be an area of roof-space which shall be utilised to accommodate plant infrastructure for the overall school / hub. 2.3 It is intended to supply a single carpark area which shall be accessed from the northern aspect of the site directly off Sikeside Road and egressed through a point immediately north of the proposed building itself. This one-way car park shall have 131 spaces which are intended to be used for staff and visitor parking and a drop off zone. The parking spaces shall comprise of 7 disabled bays (2 of which are electric), 12 further electric charging bays, 93 staff and visitor parking bays and 19 drop off bays. There is also space within this car park for bus/coach drop off zone. Pedestrian access is accounted for via one point to the west of the site accessed via the cycle path immediately adjacent to the site and access points adjacent to the vehicular access points located on Sikeside Street. Cycle storage has been accommodated close to the principal entrance of the hub Page 56 of 74
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and it is considered this shall allow for ‘active travel’ to form part of the possible routes to school. 2.4 Play provision shall be provided in the form of a landscape/play mounding to the north and west of the car parking area and a ‘community use’ MUGA, (Multi Use Games Area), to the west of the car-parking. To the south and west of the School building itself there shall be a compound of play space exclusively for the use of the School itself. A second MUGA is located within this compound to the west of the building, for the exclusive use of the school and its pupils, south of this a large, ‘soft outdoor PE’ area set to grass. There shall also be an ‘out-building’ which shall be used as an ‘Outdoor Classroom’. Early Years learning have an area to the east of the building which is fenced off to allow for ‘play learning’ to the younger pupils of the school and to the ‘cut away area’ to the immediate north of the building is a further fenced in play area intended to be associated to the LCSC element of the proposed school. There is also picnic benches located to accommodate al-fresco dining for the pupils. Throughout any level changes across the site, there shall be play opportunities included to the embankments. There is a variety of biodiversity enhancements included in the overall landscaping scheme such as a ‘Natural Area’ to the school compound area and a ‘Nature Garden’ with growing area. 2.5 The site also has a fenced compound, Scottish Power Energy Network substation to its eastern flank adjacent to the car parking area and accessed directly off Sikeside Street and a fenced off compound featuring an Air Source Heat Pump, (ASHP) and sprinkler tank compound located to the north of the school use MUGA. 3. Applicant’s Supporting Information 3.1 Alongside a full suite of drawings, the applicant has supplied the following documents; • Noise Impact Assessment (NIA) • Design and Access Statement, • Drainage Strategy Report, • Ecological Assessment, • Site Investigation Report, • Transport Statement, • Transport Statement Travel Plan • Sustainability Statement, • Pac Report 3.2 A condition, (19), has been added requiring the submission of an Air Quality Impact Assessment to be submitted to, and approved in writing by, the Planning service in conjunction with our Protective Services Colleagues prior to any development. This condition has been worded in such a way that any additional requirements of the Protective Services department may be accommodated prior to the condition being purified. 4. Site History • 23/00415/PAN Erection of Community Hub Including Primary School, Early Learning Centre, Community Centre & Police Scotland Partnership Zone with Associated Parking, Bus Drop Off & External Landscape Spaces – Comments given 20th April 2023. 5. Development Plan 5.1 The site sits within a ‘General Urban Area’ and is cover by policies ‘PP 3 – Purpose of Place’ and ‘AD 3 Amount of Development’ in the North Lanarkshire Local Development Plan 2022. All development is required to be assessed against the Environmental Design Qualities policies, EDQ 1-3 also. Page 57 of 74
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5.2 The site is also subject to National Planning Framework 4 and of particular relevance are policies 3 - Biodiversity 9 – Brownfield vacant and derelict land and empty buildings, 14 – Design quality and place, 15 Local living and 20-minute neighbourhoods, 21 – Play, recreation and sport and 25 - Community wealth building. 5.3 The impacts of the policies identified above shall be examined in the planning assessment stage of the report in section 8. 6. Consultations 6.1 Consultations have been requested from a number of both in house and external consultees. Their responses, shall be discussed in the following paragraphs; 6.2 NLC Traffic & Transportation have undertaken detailed discussions with the applicant and upon completion of these discussions identified a number of recommendations with regards to the internal layout of the proposal and external road safety equipment. The salient points of this response have been translated into planning conditions or informative notes that shall be included in the planning permission. 6.3 NLC Protective Services have accepted the findings of the Noise Impact Assessment NIA and were satisfied with the assessment methodology. They have requested that conditions are applied to the permission ensuring that the defined mitigation measures identified in the report are applied in order to achieve the relevant indoor criteria at nearby dwelling houses. A further condition is requested to ensure compliance with the measures outlined. A Site Investigation (S.I.) has been requested by NLC Protective Services and upon submission of this document further information was requested with regards to a ‘Mine Gas Risk Assessment’, further commentary on the ground gas risk assessment, human health risk assessment, post-demolition ground investigation report and radon risks. The process of the Site Investigation has been initiated and it shall be possible to condition the completion of this process as part of the determination. An Air Quality Impact Assessment, (AQIA), has also been requested from the Protective Services department. This has been commissioned and it is considered that this element of the proposal shall be able to be controlled by a Planning Condition. This condition has been worded in such a way that any additional requirements of the Protective Services department may be accommodated prior to the condition being purified. 6.4 NLC Greenspace have stated that all works must be undertaken within 18 months of the surveys being undertaken or further surveys must be undertaken. Bespoke ecological enhancement measures will be required for the development, incorporated within the design, along with long-term management requirements are also required and this shall be controlled through a Planning Condition. 6.5 The Coal Authority have requested that two conditions are placed on any planning permission relating to the findings, and implementation, of the Geo Environmental Report. The Coal Authority has no objection subject to the imposition of these two conditions which have been included. A further two informative notes have been requested to be added to any planning permission. 6.6 Scottish Water have stated that they have sufficient capacity to accommodate the proposals requirements for potable water however they are unable to confirm capacity at the Daldowdie Wastewater Treatment Plant. It is intended to place a planning condition requiring a letter to be submitted from Scottish Water confirming that there is sufficient capacity to accommodate the requirements of the proposal. Page 58 of 74
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6.7 Scottish Gas confirmed that they do not have any high-pressure assets in the vicinity of the application site and, as such, they do not have any comments / objections to the proposal. 6.8 NLC Food Safety Business Regulations have requested that two planning conditions relating to the design, layout and construction comply with Food Hygiene (Scotland) Regulations 2006 and that full details of the design of the kitchen / food handling areas is submitted prior to the commencement of work. These requests have been included as informative note rather than Planning Conditions. 7. Representations 7.1 1 letter(s) of representation received objecting to the proposal. The reasons for objection and our comment on them follows: Noise (during construction period) Response: Any construction brings with it a level of noise and disturbance; this is an unfortunate side effect of the construction process however it should be noted that there is existing legislation to cover the hours of construction which is controlled by the Protective Services Department of NLC. Noise (during school being used) Response: The site currently hosts two primary schools, and it is not considered that this proposal shall result in an intensification of the use of the land nor an increase in the level of noise coming from the site. Air Pollution (Dust and Smells) Response: Similarly to construction noise, dust and air pollution is controlled through legislation controlled by the Protective Services Department of NLC. Overshadowing “Would the school tower over my home and block the sunlight?” Response: The overall height of the school shall be 10.8m in height and the school is located some 100m from objectors dwelling houses. As such it will have no impact on their property and will have no impact on sunlight daylight for other houses immediately adjoining the development site. Privacy There is concern that classrooms may be level with the objectors windows and that persons may be able to see into their home. Response: The distance of circa 100m means that it is not considered that the proposal shall not result in any loss of privacy the objectors property and will not impact on privacy for any other residential properties around the site. Wildlife Concern is expressed over animals relocating from the school grounds towards the residential properties in close proximity of the development site. Response: The proposal features a variety of biodiversity enhancements such as the ‘Natural Area’ to the school compound area and a ‘Nature Garden’ with growing area. Outwith the confines of the site there is a large open grass area to the northwest and a large wooded area to the south west. It is considered likely that any animal relocation would be towards these two large areas offering better habitat. Page 59 of 74
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8. Planning Assessment Development Plan 8.1 In accordance with Sections 25(1) (a) and 37(2) 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 consists of National Planning Framework 4 (NPF4) and the Adopted North Lanarkshire Local Development Plan 2022 The National Planning Framework was adopted on the 13th of February 2023. Of particular relevance, is NPF Policies 3 – Biodiversity, 9 – Brownfield vacant and derelict land and empty buildings, 14 – Design quality and place, 15 Local living and 20 minute neighbourhoods, 21 – Play, recreation and sport and 25 - Community wealth building. NPF4 8.2 Policy 3 of NPF 4 -Biodiversity has the stated aim of including appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance. It goes on to state that measures should be proportionate to the scale and nature of the development. delivering positive effects from the development and strengthen nature networks. It is considered this proposal is compliant with the principles of this NPF 4 policy. Some measures have already been identified within the proposals and a planning condition has been included that requires that biodiversity enhancements should be included within the landscaping proposals for the site. 8.3 Policy 9 of NPF 4, Brownfield, vacant and derelict land and buildings seeks to promote and facilitate the reuse of brownfield land and help reduce the need for greenfield development. By reusing and redeveloping an existing school site it is considered this proposal is compliant with the principles of this NPF 4 policy. 8.4 Policy 14 of NPF 4, Design, quality and place seeks to encourage, promote and facilitate well designed development that makes successful places by taking a design led approach. The proposal has been well designed and as such it is considered this proposal is compliant with the principles of this NPF 4 policy. 8.5 Policy 15 of NPF 4, Local Living and 20 minute neighbourhoods seeks to create connected and compact neighbourhoods within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport options. By redeveloping an existing school site within the school catchment area it is considered this proposal is compliant with the principles of this NPF 4 policy. 8.6 Policy 21 of NPF 4, Play, recreation and sport seeks to encourage, promote and facilitate spaces and opportunities for play, recreation and sport. Again, through the redevelopment of an existing school site and including new facilities it is considered this proposal is compliant with the principles of this NPF 4 policy. 8.7 Policy 25 of NPF 4, Community wealth building seeks to encourage, promote and facilitate a new strategic approach to economic development. As this proposal is for an educational facility, it is considered this proposal is compliant with the principles of this NPF 4 policy. Local Development Plan 8.8 Purpose of Place Policy PP 3 (General Urban Area) applies seeks to maintain and improve the level of amenity in urban areas by encouraging development that is in keeping with their residential character and encouraging diversity in more mixed-use areas. As the site is currently host to a primary school, and previously hosted two primary schools, it is considered that this shall maintain and improve the level of amenity and is therefore compliant to this policy. Page 60 of 74
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8.9 Policy AD 3 Amount of Development requires new development to be assessed for their implications related to the amount of development proposed and depends on a combination of use class, scale and location. Class 10 non-residential do not require the amount of development to be assessed and thus the proposal is acceptable. 8.10 Environmental and Design Qualities Policies EDQ 1 -3 apply to all new development proposals and are addressed in turn below. Policy EDQ 1 (Site Appraisal): This policy requires a high quality of development by ensuring proposals integrate well into the surrounding area and avoid harm to neighbouring amenity. It also considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. Policy EDQ2 (Specific Features for Consideration): There are no Hazardous Zones and as such the policy is not relevant in this case. Policy EDQ 3 (Quality of Development): This policy requires high standards of site planning and sustainable design. 8.11 The proposed development seeks to replace 2 primary schools, Sikeside Primary School and St Stephens Primary School, with a single Community Hub / Primary School. The hub has been the subject of detailed discussions with the community in advance of the application having been submitted to ensure it reflects all the needs of the community it will serve. This is detailed in the Design and Access Statement submitted by the applicant. As required it has been designed to provide a safe, inclusive, convenient and welcoming development. The site has been considered in its entirety with the building positioned in such a way as to sympathetically relate to surrounding residential development. The scale and massing of the building, although considerable, is considered to be acceptable given the large plot within which it shall sit. The material palette is reflective of modern building practices. The proposal provides Biodiversity gain through design elements and the site will be well landscaped. Updated sports facilities will also be delivered to the area. The proposal is considered to be compliant with the requirements of the policies as outlined above and is considered to be acceptable in planning terms and in keeping with the character the area. 9. Conclusions 9.1 It is therefore considered for the above reasons that the proposed development is acceptable in policy terms and is acceptable in terms of residential amenity. This application is consequently recommended for approval subject to the imposition of appropriate planning conditions. Taking the above assessment into account, it is considered that the detailed design and layout of the proposal represents an acceptable development in creating a sense of place and identity in complying with the provisions of the adopted North Lanarkshire Local Development Plan with no other material considerations to the contrary. It is also considered to align with NPF4 for the reasons stated above. There is no objection from consultees, subject to conditions. Whilst the concerns expressed by a neighbouring resident are noted, it is considered that the replacement of two primary schools with a primary school and replacement hub will be built to serve the community and its’ future needs. There shall be a MUGA pitch which be available for community use. It is therefore recommended that planning permission be granted, subject to conditions. Page 61 of 74
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Application No: 24/00268/FUL Proposed Development: Extension to school teaching facilities, new sports facilities and a new early years facility Site Address: Chryston High School Lindsaybeg Road Chryston G69 9DL Date Registered: 19th March 2024 Applicant: North Lanarkshire Council Civic Centre Windmillhill St. Motherwell ML1 1AB Agent: BDP Limited 15 Exchange Place Glasgow G1 3AN Application Level: Major Application Contrary to Development Plan: No Ward: 05 Stepps, Chryston and Muirhead John McLaren, Josh Cairns, Claire Louise Williams, Representations: 11 letter(s) of representation received. Recommendation: Approve Subject to conditions Reasoned Justification: The extension to the school teaching facilities, new sports facilities and a new early years facility, together with a fully landscaped site for the school and associated car parking and drop off, is considered to be acceptable and aligns with the principles of both National Planning Framework 4 and the North Lanarkshire Local Plan (2022). Page 62 of 74
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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: 24/00268/FUL Name (of applicant): North Lanarkshire Council Site Address: Chryston High School Lindsaybeg Road Chryston G69 9DL Development: Extension to School Teaching Facilities, New Sports Facilities and a New Early Years Facility Page 63 of 74
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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 or such updated drawings as may be required to reflect the requirements of planning conditions 2-22 that follow:- :- CHS-BDP-ZZ-ZZ-PL-L-101008, 23087-SK-03, 23721-SK-01, 23721-SK-02, 46864, 47052, 632001,75981, 900002, 900002, CHS-BDP-ZZ-00-PL-A-PP90004, CHS-BDP-ZZ- 00-PL-L-A -PP0002, CHS-BDP-ZZ-RF-PL-A-PP0001, CHS-BDP-ZZ-SE-A-PP0001, CHS-BDP-ZZ-ZZ-EL-A-PP90005, CHS-BDP-ZZ-ZZ-PP-L-90001, CHS-BDP-ZZ-ZZ-PP- L-90003, CHS-BDP-ZZ-ZZ-PP-L-90004, DR-C-960003 P03, PL-A-PP0001 P01, PL-A- PP0003 P01, PP0001, PP0002, PP0003, PP0004, Sheet 1 Of 2 (Drainage Construction Details) , SHEET 2 Of 2 (Drainage Construction Details) Sheet 1 Of 3 (Elevations Proposed), Sheet 2 Of 3 (Elevations Proposed) and Sheet 3 Of 3 (Elevations Proposed) Reason: To clarify the drawings on which this approval of permission is founded. 2. That visibility splays of 2.0m x 2.0m at a height of 0.60m shall be provided in both directions along the footway at Pentland Road and shown on a drawing, with the 2m setback measured from the back of the footway. Reason: To ensure adequate sight lines are achieved. 3. That prior to the development being brought into beneficial use unless otherwise agreed in writing with the Planning Authority, A ‘School Travel Plan’ shall be produced with the aim of ensuring that the school commute is via more sustainable means. This School Travel Plan must align with the principles of the Councils wider travel ambitions. Reason: To ensure that the site is served by appropriate access facilities and in the interest of road safety. 4. That prior to any development, unless otherwise agreed in writing with the Planning Authority, A report detailing measures to mitigate the impact of development traffic shall be submitted to, and approved in writing by, the Planning Authority in conjunction with the Traffic & Transportation Officers. Reason: To ensure that the site is adequately provisioned without detriment to the local road network and in the interest of road safety. 5. That unless otherwise agreed in writing with the Planning Authority before the development hereby permitted is brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas. Reason: To ensure that the parking and manoeuvring areas are suitable surfaced. 6. That before the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- a) Details of any earth moulding and hard landscaping, grass seeding and turfing; b) A scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; in particular this should include a detailed scheme of biodiversity enhancement, seasonal shrub planting and trees within and bordering the edge of the site. c) A detailed timetable for all landscaping works within the site and shall set out that the works be carried out contemporaneously with the development of the site. Page 64 of 74
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For the avoidance of doubt, the details submitted to discharge this condition shall build upon the landscaping plans submitted as part of the application. Reason: To enable the Planning Authority to consider these aspects. 7. That all works included in the scheme of landscaping and planting, approved under the terms of Condition 6 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species. Reason: To ensure the implementation of the landscaping scheme in the interest of amenity. 8. That before any works of any description start on the application site, with the exception of ground enabling works which includes land profiling and unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the Planning Authority. The investigation must be carried out in accordance with current best practice advice such as BS10175: ‘The Investigation of Potentially Contaminated Sites’ or CLR 11. The report must include a site-specific risk assessment of all relevant pollutant linkages and a conceptual site model. Depending on the results of the investigation, a Detailed Remediation Strategy may be required. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents of the site. 9. That any remediation works identified by the report agreed in terms of Condition 8 above shall be carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. The shared campus shall not be occupied until a certificate (signed by a chartered Environmental Engineer) has been submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the agreed Remediation Strategy. Reason: To ensure that any remediation identified has been implemented in the interests of the amenity and wellbeing of users. 10. That before the development hereby permitted starts, with the exception of ground enabling works which includes land profiling and unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance. Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site. 11. That the SUDS compliant surface water drainage scheme approved in terms of Condition 10 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans. Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site. Page 65 of 74
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12. That prior to any works commencing on site, with the exception of ground enabling works which includes land profiling a Construction Environmental Method Statement shall be submitted to and approved by the Planning Authority. The Construction Method Statement shall cover: • Details of how the development will be phased • Details of the location of site compound and management facilities • Details of construction access, parking and manoeuvring areas • Submission of a Dust Action Plan The development shall thereafter be implemented in accordance with the approved Construction Method Statement. Reason: In the interests of the amenity of the area and to ensure ecological protection measures are in place. 13. That should 12 months or more has elapsed between the timing of the initial ecological survey dated August 2023 hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species including Badgers and water voles, the said surveys shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any mitigation measures be required for any protected species, this shall be implemented in accordance with the species protection plan agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site. Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.' 14. That unless otherwise agreed in writing with the Planning Authority and before the development hereby permitted starts a letter/confirmation is provided from Nature Scot confirming that the all works in relation to the relocation of the Water Voles has been undertaken in accordance with the licence issued by Nature Scot. Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004. 15. That before the development hereby permitted starts, with the exception of ground enabling works which includes land profiling, and unless otherwise agreed in writing with the Planning Authority, full details of the facing materials to be used on all external walls and roofs shall be submitted to and approved in writing by the Planning Authority. Reason: In the interests of amenity and design by ensuring that external materials are appropriate for the site. 16. That before the development hereby permitted starts, with the exception of ground enabling works which includes land profiling, and 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 access road, footways, junctions, parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority. The approved details shall be implemented contemporaneously with the development in so far as is reasonably practical. Reason: In the interests of amenity and design by ensuring that the materials are appropriate for the site. 17. That before the development hereby permitted starts, with the exception of ground enabling works which includes land profiling, and unless otherwise agreed in writing with the Planning Page 66 of 74
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Authority, full details of the design and location of all fences and walls to be erected on the site shall be submitted to and approved in writing by the Planning Authority. The approved details shall be implemented contemporaneously with the development in so far as is reasonably practical. Reason: To enable the Planning Authority to consider these aspects in detail. 18. The design, installation and operation of any air conditioning/ventilation or other plant for the proposed development and any other noise associated with the completed development shall be such as will not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 22.00 hours and N.R.C. 25 at all other times. Reason: In the interests of surrounding residential amenity. 19. The New synthetic pitch and netball court as shown on the proposed site plan shall be designed and constructed by a recognised (e.g. SAPCA* registered) specialist pitch contractor. Details of the contractor(s) and pitch specifications (including lighting specification for the synthetic pitch) shall be submitted to, and approved in writing by, the Planning Authority prior to the commencement of the development. Thereafter the development shall be completed in accordance with the approved details. Reason: To ensure that the replacement pitches are of suitable quality. 20. That prior to the 9-a-side football pitch being brought into beneficial use, a 4m high acoustic barrier fence, as detailed in drawing reference CHS-BDP-ZZ-ZZ-PL-L-101008, shall be constructed. This fence shall have a minimum mass of 15kg/m2 and shall be maintained and retained for the duration of the development. Reason: In the interest of the amenity of the site and the general area. 21. The completed 9-a-side football pitch, when brought into beneficial use, shall have restricted hours of operation limiting the hours from 9am until 9pm, Monday to Friday and 9am until 6pm on Saturday and Sunday. Reason: In the interest of the amenity of the site and the general area. 22 A lighting schedule shall be submitted to and approved in writing by, the Planning Authority prior to any part of the development being brought into beneficial use. Any floodlighting associated with the 9-a-side football pitch, when brought into beneficial use, shall have restricted hours of operation limiting the hours from 9am until 9pm, Monday to Friday and 9am until 6pm on Saturday and Sunday. Reason: In the interests of residential amenity. Page 67 of 74
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Background Papers: Consultation Responses: Traffic & Transportation 29th July 2024 Environmental Health (including Pollution Control) 9th April 2024 & 1st August 2024 Sport Scotland 5th April 2024 Scottish Gas Network 21st March 2024 The Coal Authority 25th March 2024 Scottish Water 2nd April 2024 Contact Information: Any person wishing to inspect these documents should contact Colin Bradley at 01236 632500 Report Date: 2nd August 2024 Page 68 of 74
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APPLICATION NO. 24/00268/FUL REPORT 1. Site Description 1.1 The existing school is centrally located within Chryston. It is intended to site a 500 pupil capacity extension to the south of the existing building running parallel with Pentland Road. 1.2 The site is bound by residential properties accessed from Main Street to the North, Pentland Road to the east, private residential dwellings accessed from Bowling Green Road and Park Road to the south and Lindsaybeg Road to the west. 1.3 The overall site measures some 5.83 hectares and the gross floor space of the proposed school including the extension shall measure 4,653m2 over two storeys within this overall space. 2. Proposed Development 2.1 It is intended to provide a 500 pupil extension, bringing the total roll call to 1,400 pupils, with an extension footprint of 2,915m2, to the existing Chryston High School alongside new sports facilities and a new early years facility. 2.2 The proposed extension, split over two storeys, features a games hall along with ancillary changing areas, 2 x fitness studios, toilets, a drama studio, dining and socialising space and 10 classrooms dedicated to the ‘English’ department. There are further ancillary services and a water storage tank room. To the 2nd floor there are 4 modern language classrooms, 3 Religious education rooms and 6 social subject education to the high school extension. Separately, through two internal ‘bulkhead’ doors, there shall be the early years facility element of the design. This facility shall feature an entrance lobby, circulation space, cloak room, two large ‘playrooms’, toilets and nappy changing facilities, a kitchen area, parents room, an admin room and a ‘head of centre’ room. The principal access point for the Early Years facility shall be taken from Pentland Road, whereas the principal access point is taken from Lindsaybeg Road. 2.3 It is intended to expand the principal parking provision by 92 spaces to the east of the existing 11-aside football pitch and to the south of the principal access point to the building. This element of parking provision is accessed via Lindsaybeg Road. Further parking provision provided is via Pentland Road and the overall development, including the existing parking provision, provides 200 parking spaces. NLC Traffic & Transportation have been consulted and are satisfied that the level of provision and the levels of electric parking and Disabled bays are satisfactory to accommodate the proposed development. 3. Applicant’s Supporting Information 3.1 The applicant has provided the following documents alongside a full suite of drawings; • Construction Method Statement • Environmental Noise Survey Report • Transportation Assessment • Flood Risk Assessment • Design & Access Statement • Drainage Strategy Report • Ground Investigation Report • Preliminary Ecological Assessment • Tree Survey Page 69 of 74
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• Water Vole Species Protection Plan. 4. Site History • 09/00972/PASE Erection of High School – Comments given 11th September 2009 • 09/01051/PAN Construction of a New Secondary School – Comments given 1st October 2009 • 10/00315/FUL Erection of School Building and Culture Centre, Construction of Floodlight Synthetic Pitch with Associated Parking and Landscaping – 13th May 2010 • 23/00983/PAN Extension to High School – comments given 27th September 2023 5. Development Plan 5.1 The site sits within a ‘General Urban Area’ and is cover by policies ‘PP 3 – Purpose of Place’ and ‘AD 3 Amount of Development’ in the North Lanarkshire Local Development Plan 2022. All development is required to be assessed against the Environmental Design Qualities policies, EDQ 1-3 also. 5.2 The site is also subject to National Planning Framework 4 and of particular relevance are policies 3 - Biodiversity 9 – Brownfield vacant and derelict land and empty buildings, 14 – Design quality and place, 15 Local living and 20-minute neighbourhoods, 21 – Play, recreation and sport and 25 - Community wealth building. 5.3 The impacts of the policies identified above shall be examined in the planning assessment stage of the report in section 8. 6. Consultations 6.1 NLC Traffic & Transportation do not object to the proposal subject to two conditions with regards to a visibility splay for pedestrians where the access crosses a footway and a report detailing mitigation measures to offset the impact of traffic generated by the development. This report shall be required to be signed off on consultation with NLC Traffic & Transportation. 6.2 NLC Protective Services initially requested further information with regards to the proposed 9 a-side pitch which is to be sited to the south of the overall development site and in close proximity to dwelling houses accessed via Bowling Green Road. Upon receipt of the further information supplied by the applicant with regards to the 9-a-side football pitch, NLC Protective Services are happy to condition the siting of a 4m tall acoustic barrier fence and a restriction in hours of operation for the football pitch (and its floodlights) limiting its use to 9am till 9 pm A site Investigation has also been requested along with a lighting schedule. 6.3 NLC Greenspace have been consulted with regards to this proposal. They have been involved, along with Nature Scot, in providing a licence to move Water-Voles which had been detected on site. This work has been undertaken with Gatcosh Nature Reserve being the preferred relocation area. A planning condition has been added to ensure that the work has been undertaken in accordance with the relevant licence. 6.4 Sport Scotland explicitly state that whilst they do not object to the proposal, they would recommend that further consideration is given to meeting the minimum recommended levels of sports provision, (specifically 1 SPG and 4 full-size grass pitches). Sport Scotland recognise however the constrained nature of the site and as such hold no objection, subject to a condition with regards to the installation of the 9-a-side football pitch which has been added to the list of conditions. Page 70 of 74
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6.5 Scottish Gas Networks have confirmed that they do not have any high-pressure assets in the immediate vicinity and as such have no comments on the application nor any objection to it. 6.6 The Coal Authority did not seek to hold an objection to the proposal as the site sits within a ‘Low Risk Area’. 6.7 Scottish Water have confirmed capacity for both ‘potable’ water from the Balmore Water Treatment Plant and foul water connection to the Dalmuir PFI Waste Water Treatment Plant. 7. Representations 7.1 11 letter(s) of representation have been received all seeking to object to the proposal. The reasons for these objection comments are principally based around the proposed 9-a-side football pitch, the impact of the proposal with regards to traffic and traffic management and ecological considerations. All of the points raised shall be discussed in the following paragraphs. 7.2 Comment: Noise Pollution from 9-a-side football pitch shall have a detrimental impact on residential amenity. (Including Anti-social language and unsupervised social gathering) Response: NLC Protective Services have been consulted with regards to the proposal and have recommended that 2 conditions are attached ensuring that a 4m high acoustic barrier fence, as detailed in drawing reference CHS-BDP-ZZ-ZZ-PL-L-101008, is included in the final construction. A further condition is requested restricting the hours of the use of the pitch from 9am until 9pm, Monday to Friday and 9am until 6pm on Saturday and Sunday. With the implementation of these conditions, it is considered that the impact on residential amenity of the 9-a-side pitch shall be within acceptable levels. 7.3 Comment: Light Pollution from 9-a-side football pitch shall have a detrimental impact on residential amenity and garden ground. Response: The flood lighting provision associated to the 9-a-side pitch shall be restricted to operating to the opening hours of the pitch, 9am until 9pm, Monday to Friday and 9am until 6pm on Saturday and Sunday. It is considered that the solod acoustic barrier fence shall also do much to reduce light pollution spilling into the homes and gardens for nearby residents and as such, it is considered that light pollution shall not have a significant or detrimental impact on neighbouring residential properties. 7.4 Comment: The ecological impacts of artificial grass are detrimental to bio-diversity, (including Fossorial Water Voles): Response: Nature Scot and NLC Greenspace have been working with the applicants to ensure suitable safe-guarding and relocation to a suitable alternative environment have been identified and a licence has been issued by Nature Scot to relocate the Fossorial Water Voles. This action is being undertaken as part of the preparatory works, undertaken through permitted development legislation. The applicant has identified various bio- diversity enhancements that may be added to the development site and details of this require to be finalised in the landscaping scheme to be submitted for the site. 7.5 Comment: Access may be taken directly to the 9-a-side football pitch from Bowling Green Road. Response: There is no access point proposed to link Bowling Green Road to the school campus. 7.6 Comment: Bowling Green Road is privately maintained and additional strain shall be placed on the road surface to the expense of the local residents. Page 71 of 74
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Response: There shall be no access to the school campus via Bowling Green Road. Substantial additional parking has been included within the site and as such, it is not considered there shall be a significant or detrimental impact to the current quality of the road surface at Bowling Green Road. 7.7 Comment: Parking issues are prevalent across the surrounding road network. Response: NLC Traffic & Transportation have been consulted with regards to this application and did not seek to object to the proposal. As part of their response, NLC Traffic & Transportation have requested that a report detailing mitigation measures to offset the impact of traffic generated by the development be submitted to the Planning Authority and visibility splay requirements for pedestrians. With regards to parking, the department noted that “Two new parking areas are proposed with the site, providing a total of 108no. spaces including 7no. accessible bays to compliment the existing 92no. spaces.” It is therefore considered that the proposal shall not have a significant or detrimental impact on the current parking provision in the immediate vicinity. 7.8 Comment: General disruption due to the construction process, (including parking and deliveries). Response: Within the ‘Construction Methodology Report’ there is a ‘Site Access/Traffic Management Plan’ which includes details of how the development shall proceed without hinderance to the road network and there is an area set aside for staff parking within the development site. The Planning Service are satisfied that the development can be carried out without detriment to the local road network. 7.9 Comment: Alternative sites available locally for sports provision. Response: The Planning Service can only determine applications presented to them. In this instance the application is seeking to extend an existing educational facility (achieved through the relocation of the primary school) along with the sports provision required to support the extension. 7.10 Comment: Over-development of the site. Response: The site was previously host to both Chryston High School and Chryston Primary School, which has been relocated through a previous application. As the application is to replace the previous educational facility with an extension to an existing educational facility it is considered that there is no over-development of the site. 7.11 Comment: Query as to whether enhanced job opportunities for the local community may come from the development. Response: This query, received from the Chryston Community Council, is out with the remit of the Planning Service. Therefore, this query cannot be commented on within this report. 8. Planning Assessment 8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the Development Plan unless material considerations indicate otherwise. The development plan consists of National Planning Framework 4 (NPF4) and the Adopted North Lanarkshire Local Development Plan 2022 The National Planning Framework was adopted on the 13th of February 2023. Of particular relevance, is NPF Policies 9 – Brownfield vacant and derelict land and empty buildings, 14 – Design quality and place, 15 Local living and 20 minute neighbourhoods, 21 – Play, recreation and sport and 25 - Community wealth building. Page 72 of 74
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NPF4 8.2 Policy 3 of NPF 4 -Biodiversity has the stated aim of including appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance. It goes on to state that measures should be proportionate to the scale and nature of the development. delivering positive effects from the development and strengthen nature networks. The applicant has submitted a Biodiversity Enhancement plan at point 5.1.15 of the Preliminary Ecological Report, (PEA) which features details on the biodiversity enhancement opportunities including tree & shrub planting, hedgerow planting, along with bat and bird boxes. It is considered this proposal is compliant with the principles of this NPF 4 policy. 8.3 Policy 9 of NPF 4, Brownfield, vacant and derelict land and buildings seeks to promote and facilitate the reuse of brownfield land and help reduce the need for greenfield development. It is considered this proposal is compliant with the principles of this NPF 4 policy through the redevelopment of a previous educational facility to extend an existing educational facility. 8.4 Policy 14 of NPF 4, Design, quality and place seeks to encourage, promote and facilitate well designed development that makes successful places by taking a design led approach. Through the pre application engagements with the community and other relevant stakeholders along with the benefits the development shall bring to the community, it is considered this proposal is compliant with the principles of this NPF 4 policy. 8.5 Policy 15 of NPF 4, Local Living and 20-minute neighbourhoods seeks to create connected and compact neighbourhoods within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport options. This proposal includes re-instatement of a path running east to west through site and as such it is considered this proposal is compliant with the principles of this NPF 4 policy. 8.6 Policy 21 of NPF 4, Play, recreation and sport seeks to encourage, promote and facilitate spaces and opportunities for play, recreation and sport. Through the inclusion of an additional 9-a-side football pitch within the design, it is considered this proposal is compliant with the principles of this NPF 4 policy. 8.7 Policy 25 of NPF 4, Community wealth building seeks to encourage, promote and facilitate a new strategic approach to economic development. As this proposal is for an educational facility, it is considered this proposal is compliant with the principles of this NPF 4 policy. Local Development Plan 8.8 Purpose of Place Policy PP 3 (general Urban Area) applies seeks to maintain and improve the level of amenity in urban areas by encouraging development that is in keeping with their residential character and encouraging diversity in more mixed-use areas. As the site was previously host to a primary school, and is intended to provide additional educational facilities to an existing high school, it is considered that this shall maintain and improve the level of amenity and is therefore compliant to this policy. 8.9 Policy AD 3 Amount of Development requires new development to be assessed for their implications related to the amount of development proposed and depends on a combination of use class, scale and location. Class 10 non-residential do not require the amount of development to be assessed and thus the proposal is acceptable. 8.10 Environmental and Design Qualities Policies EDQ 1 -3 apply to all new development proposals and are addressed in turn below. i. Policy EDQ 1 (Site Appraisal): This policy requires a high quality of development by ensuring proposals integrate well into the surrounding area and avoid harm to Page 73 of 74
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neighbouring amenity. It also considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. ii. Policy EDQ2 (Specific Features for Consideration): There are no Hazardous Zones and as such the policy is not relevant in this case. iii. Policy EDQ 3 (Quality of Development): This policy requires high standards of site planning and sustainable design 8.11 The proposed development seeks to extend the existing high school provision within the settlement of Chryston, provide further sports facilities to the community and replace an existing ‘Early Years Facility’. The high school extension has been the subject of detailed discussions with the community in advance of the application having been submitted to ensure it reflects all the needs of the community it will serve. This is detailed in the Design and Access Statement submitted by the applicant. As required it has been designed to provide a safe, inclusive, convenient and welcoming development. The site has been considered in its entirety with the building positioned in such a way as to sympathetically relate to surrounding residential development. The scale and massing of the building, although considerable, is considered to be acceptable given the large plot within which it shall sit. The material palette is reflective of modern building practices. The proposal provides Biodiversity gain through design elements and the site will be well landscaped. Updated sports facilities will also be delivered to the area. The proposal is considered to be compliant with the requirements of the policies as outlined above and is considered to be acceptable in planning terms and in keeping with the character the area. 9. Conclusions 9.1 It is therefore considered for the above reasons that the proposed development is acceptable in policy terms and is acceptable in terms of residential amenity. This application is consequently recommended for approval subject to the imposition of appropriate planning conditions. Taking the above assessment into account, it is considered that the detailed design and layout of the proposal represents an acceptable development in creating a sense of place and identity in complying with the provisions of the adopted North Lanarkshire Local Development Plan with no other material considerations to the contrary. It is also considered to align with NPF4 for the reasons stated above. There is no objection from consultees, subject to conditions. Whilst the concerns expressed by a neighbouring residents are noted, it is considered that the extension to school teaching facilities, new sports facilities and a new early years facility will be built to serve the community and its’ future needs. There shall be a sports pitch which be available for community use. It is therefore recommended that planning permission be granted, subject to conditions. Page 74 of 74