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Agenda Document Pack - Planning Committee - 12/09/2024

North Lanarkshire Council · 12 September 2024
Back to Planning Committee — 12 September 2024 and its agenda

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Page 1

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, 12
September 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.  
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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 - 70 
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Page 5

North
Lanarkshire
Council 
Planning Applications for consideration     
of Planning Committee 
Committee Date: 12th September 2024 
Ordnance Survey maps reproduced from Ordnance Survey
with permission of HMSO Crown Copyright reserved 
Item 2
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APPLICATIONS FOR PLANNING COMMITTEE 
12th September 2024 
Page No Application No  Applicant Development/Site Recommendation
8-17  23/01189/FUL  Mr Ronnie
Chalmers
Extension to Dog Kennels
and Retrospective Change
of use Dog Day Care
Facility 
Grant
18-33  24/00144/FUL  Mr John Hannigan Holiday Lodge
Development Comprising
65 Holiday Units, Managers
House and Agricultural
Shed
Coathill Farm
Stirling Road
Luggiebank
Cumbernauld
G67 4AE
Refuse    
34-48  24/00208/PPP Grimaldi
Developments
Residential Development
and Associated
Infrastructure (Application
for Planning Permission in
Principle)  
Land At
Coltness Avenue
Allanton 
Refuse (P)    
49-57  24/00622/S42 Baynes Co. Ltd Application under Section
42 of the Town and
Country Planning
(Scotland) Act 1997 to
Amend the Wording of
Condition 16 (Operating
Hours) of Planning
Permission 23/00668/FUL
Site Of Former 
Willowbank School
299 Bank Street
Coatbridge
ML5 1EG  
Refuse
58-69  24/00709/FUL  WB Properties
Scotland Ltd
Two Detached Houses
Land At
Hawthorn Avenue
Crindledyke
Newmains 
Refuse     
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(P) 
24/00208/PPP - If minded to grant, planning permission should not be issued until a legal agreement has
been secured in relation to the education contribution.  
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Application No:  
23/01189/FUL
Proposed Development: 
Extension to dog kennels and retrospective change of use doggy
day care facility 
Site Address: 
Woodend Farm
Dullatur Road
Westerwood
Cumbernauld
G65 0PZ 
Date Registered: 
22nd November 2023 
Applicant:
Mr Ronnie Chalmers
Woodend Farm
Dullatur Road
Westerwood
Cumbernauld
G65 0PZ 
Agent:
ADR (Design) Ltd
Mr David Rose
5 Tak Ma Doon Road
Kilsyth
G65 0RS 
Application Level:
Local Application 
Contrary to Development Plan:
No
Ward:   
01 Kilsyth 
Jean Jones, Heather Brannan-McVey, Denis
Johnston
Representations:
26 letter(s) of representation received.   
Recommendation:  Approve (Subject to Conditions) 
Reasoned Justification: 
The proposed extension to dog kennels and retrospective part change of use is acceptable as
it could be accommodated within the site without adversely affecting the residential amenity of
neighbouring properties or residential character of the surrounding area. As such, the proposal
accords with the policy provisions of NPF4 and the North Lanarkshire Local Development Plan
2022 
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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: 23/01189/FUL 
Name (of applicant): Mr Ronnie Chalmers
Site Address: Woodend Farm
Dullatur Road
Westerwood
Cumbernauld
G65 0PZ
Development: Extension to dog kennels
and retrospective change of use doggy
day care facility   
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Proposed Conditions:- 
1. That the development hereby permitted shall be carried out strictly in accordance with the approved
details submitted as part of the application and no change to those details shall be made without prior
written approval of the Planning Authority.   
Reason: To clarify the documents on which this approval of permission is founded. 
2. That, except as may otherwise be agreed in writing by the Planning Authority, the facing materials to
be used for the external walls and roof shall match in colour and texture those of the existing adjoining
dwelling. 
Reason: In the interests of the visual amenity of the area. 
3. That the day care part of the business, for which planning permission is hereby granted, shall take
place only between the hours of 0800 and 1800 on Monday to Friday with a maximum number of 10
dogs. 
Reason: Reason: To define the permission. 
4. That the maximum number of dogs looked after shall be limited to 50, this number applies only between
the hours of 08:00 and 18:00, at all other times the maximum is 40 dogs. 
Reason: To safeguard the amenity of the surrounding residents. 
Background Papers: 
Consultation Responses: 
Environmental Health (including Pollution Control) dated 22 November 2023, 29 January 2024 and 5 August
2024. 
Contact Information: 
Alex Reid at 01236 632487 or planningenquiry@northlan.gov.uk 
Report Date: 
22 August 2024
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APPLICATION NO. 23/01189/FUL 
REPORT 
1. Site Description 
1.1 The application site is located at Woodend Equestrian Centre which is accessed from Dullatur
Road on  the eastern edge of Kilsyth. The site includes numerous buildings relating to the
riding centre itself and also the existing kennels. The Equestrian Centre and Kennels are
situated on flat land which is screened to the east by a wooded hillock, and to the west (and
to a lesser degree) by a row of trees alongside a watercourse. There is another burn to the
east and both watercourses feed into the canal. 
2. Proposed Development 
2.1 The application seeks full planning permission for additional kennels and a retrospective part
change of use for doggy day care. 
3. Applicant’s Supporting Information 
3.1 The application is for an extension to the existing dog kennels that was approved under
planning ref: 19/00069/FUL. The site currently holds 10 kennels, it is proposed to have an
additional 14 kennels taking the total from 10 to 24 kennels with a new reception area. There
is no planning restriction on numbers and the site is currently licenced for 20 dogs (it is
possible to board 2 dogs in one kennel if they are from the same household). 
3.2 The location of the proposed extension is on the south-west side of the existing kennels
building. The new entrance to the kennels is via the proposed extension on the south-west
side of the building. 
3.3 The width of the proposed extension is 8.9m and 27.7m in length. With these dimensions the
floor space of the extension is 246.53 sqm. The height of the eaves is 3m and the total height
is 3.7m. 
3.4 The finishing materials for the proposed kennel extension are: 
• Plastic coated profile aluminium cladding, green in colour to match existing.
• Profile roof sheeting and translucent rooflights. 
• Aluminium box gutters and downpipes. 
3.5 A site investigation was conducted. The site is considered low risk on coal mine gas, very
low risk of surface water and low on risk from site soils meaning no further investigation is
required. 
3.6 A Noise Impact Assessment (NIA) was carried out. It advises that the sound emanating from
the existing kennels and proposed extension have been analysed both outside and inside
the most exposed of the houses, it was found the noise levels are within the suggested limits.
The assessment was carried out in accordance with the Scottish Government’s publication
Planning Advice Note 1/2011: Planning and Noise (PAN1/2011). This in turn refers to
Technical Advice Note 2011: Assessment of Noise (TAN 2011) for technical guidance on
sound assessment.  The noise is assessed against the BS4142:2014 rating system. 
3.7 It is worth noting that NLC pollution control are satisfied with these findings. More information
on this can be found under the consultation section of this report. 
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3.8 Further details of the business and how it would operate were submitted by the applicant. It
is proposed to have the ability to hold a maximum of 50 dogs at the premises. Of this number
a total of 10 dogs would be assigned to the daycare part of the business operation. The
remaining 40 dogs would be assigned to the kennels side of the business. The applicant has
advised that 20 of the kennels would be able to accommodate 2 dogs from the same
household and 4 kennels would for single dogs only. 
3.9 Although the kennels would in theory have the ability to hold a maximum of 50 dogs, it is
most unlikely the kennels would ever operate at this maximum capacity. For this to occur the
20 ‘double’ kennels would have to booked by customers that had 2 dogs in their household
(only dogs from the same household would ever share a kennel). Having viewed the bookings
diary for the existing kennels business the planning service is satisfied that the kennels will
seldom, if ever operate at full capacity. As detailed above, the business has a licence for 20
dogs to be boarded at any one time and the bookings viewed showed that this was not the
norm. A busy period (as identified by the business themselves) was viewed and this showed
that the maximum in the kennels over the course of a week was 14 dogs in the kennels 
29/04/2024 – 10 dogs (all kennels)
30/04/2024 – 12 dogs (5 in kennels, 7 in daycare)
01/05/2024 – 10 dogs (5 in kennels, 5 in daycare)
02/05/2024 – 16 dogs (10 kennels, 6 daycare)
03/05/2024 – 20 dogs (14 kennels 6 daycare)
04-05/2024 – 13 dogs (All kennels) 
Further information was provided by Hotel K9 advising, that, depending on the time of year,
the number of dogs on site varies. The dog numbers listed below are an average number in
kennels and the day care part of the business by quarter. 
January – March  -  3 to 8 dogs per day 
April – June   10 to 12 dogs per day
July – September  15 to 18 dogs per day
October to December  8 to 10 dogs per day. 
3.10 In order to help reduce any unwanted noise from the dogs, the owner has put in place certain
procedures, detailed below. 
• Customers can drop off dogs using the kennel at specific times. These are limited to twice
a day. These times are strictly limited to 0800 to 1000 and 1600 to 1800.
• Previously new clients visited the premises on a Sunday afternoon. This however
changed to Friday mornings as of 5th April 2024.
• The dogs also get walked through Carron Valley and not at the canal in a bid to reduce
meetings of other dogs that may cause unwanted barking for the local residents. 
• The proposed extension has a fence between the kennels and exercise area, this is in
aid to help keep dogs calm while inside the kennels. 
3.11 The dog daycare part of the business is situated in the north-west corner of the existing
building. 
3.12 The operating details of doggy day care are as follows. 
• Daycare is open Monday-Friday
• Opening hours are 8am-6pm
• Maximum of 10 dogs per day
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• One member of staff is present to attend to the daycare dogs.
• Only available to existing customers.   
3.13 The applicant has stated that the above information is the standard rules of their daycare,
however, they do not usually have dogs in all 5 days per week and rarely have 10 dogs in a
day. They are predominantly a kennel and offer daycare as an extra to their existing
customers. 
4. Site History 
• 05/00042/FUL Conversion of Steading to Form a Total of 10 Dwellinghouses and
Relocation and Construction of Buildings to Form Equestrian Centre granted 17th May
2005
• 15/00061/FUL Erection of Detached Dwelling (Managers House for Woodend Equestrian
Centre and Farm) granted 10th March 2016
• 19/00069/FUL Commercial Dog Boarding Kennels (Partially Retrospective) granted 20th
June 2019 
5. Development Plan 
5.1 The development plan consists of National Planning Framework 4 (NPF4) adopted on the
13th February 2023 and the North Lanarkshire Local Development Plan (LDP) adopted 2022. 
5.2 Relevant NPF4 Policies are Policy 8 (Greenbelt), Policy 14 (Design, Quality and Place) and
Policy 28 (Rural Development).  With regards to the LDP the site is allocated as green belt
so policy PP4 (Greenbelt) and AD4 Policy (Amount of Development) apply.  EDQ 1 (Site
Appraisal) and EDQ 3 (Quality of Development) are also relevant. 
6. Consultations 
6.1 NLC Pollution Control were consulted on 22 November 2023. A response was received on 2
December 2023 advising that an up-to-date Noise Impact Assessment (NIA) be provided
along with a full site investigation report (SI). 
6.2 The required reports were received on 6 February 2024; a further consultation request was
issued on 29 January 2024 to NLC Pollution Control. A response was received on 21
February 2024 advising they found the report satisfactory. It is also noted NLC Pollution
Control officers have been investigating noise complaints, however, no statutory nuisance
has been found to date. 
6.3 The initial NIA report was reviewed by David Chapman Principle Acoustic Consultant on
behalf of one of the objectors. It was his view that the assessment was not carried out to the
appropriate standard and the individual conducting the assessment did not hold the correct
qualification. This information was submitted to NLC Pollution Control for comment. After
reviewing the report further, a response from NLC Pollution Control was received on 9 May
2024, advising a new report should be required and carried out by an individual who holds a
recognised acoustic qualification. It was agreed before the new NIA was carried out that a
proposed methodology would be sent to, and agreed, by NLC Pollution Control. The
methodology was approved by NLC Pollution Control on 13 June 2024. 
6.4 A revised NIA was received 19 July 2024. A further consultation request was issued to NLC
Pollution Control on 22 July 2024. A response was received on 5 August 2024 concluding
that the barking from the existing kennels and day care is within the guidelines and the noise
from the proposed development will also be within the guidelines, therefore, no noise
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mitigation measures are deemed necessary.  The report advises that if barking was to occur,
the levels that would be experienced inside nearby houses both at night and during the day
would be within appropriate limits. The nature of the maximum sound levels is such that they
will not increase proportionally to the number of dogs. This is because they are due to the
individual barks. 
6.5. Once again, this revised NIA was reviewed by David Chapman on behalf of an objector. The
review was sent to NLC Pollution Control for commenting on 22 August. A response was
received 29 August 2024. They advise that there is currently no approved procedure for
assessing alleged noise nuisance emanating from dog barking in dog kennels in the UK. As
a result, the methodology employed by local authorities and noise consultants when carrying
out assessments varies considerably. Each assessor will use their own knowledge and
experience to try to assess the impact on noise sensitive receptors. Inevitably, there will be
differences of opinion between different assessors on what methodology they think should
be used. As different types of dogs produce different types and levels of sound over variable
and random time periods, unlike constant noise from a piece of machinery, it can be difficult
to predict the level of impact and consequently difficult to prove statutory nuisance. That is
one reason NLC Pollution Control do not assess dog barking from domestic premises.   
6.6 NLC Pollution Control also advise that officers from this service have attended the site on
numerous occasions for up to an hour at a time and have not witnessed any dog barking
associated with the K9 Hotel. They advise that some complainants have been unhelpful when
they have been trying to gather evidence.  They were unable to provide times of occurrence
despite being asked to keep a diary and were unwilling at times to turn on the noise meter
which had been provided to allow evidence to be gathered. One complainant advised that
any night noise would probably not be picked up by our meter inside the house. All
complainants were advised of the simplest way to pursue dog barking complaints, i.e. through
the Justice of The Peace Court and all declined to attempt this. 
6.7 Whilst acknowledging that in the absence of an approved methodology for assessing such
developments, differences of opinion will continue.  That said, NLC Pollution Control are
satisfied with both the report itself but also its conclusions i.e. that they do not object to the
development, nor do they require any noise mitigation measures. They advise that noise
associated with the existing development and the proposed extension is within the current
noise guidelines. 
7. Representations 
7.1.  No neighbours were notified due to no neighbouring boundary lines within 20m buffer of the
proposed development. 
7.2 An advert was placed in Cumbernauld News/Kilsyth Chronicles, which was published on 6
December 2023. Due to the advert, 26 letters of objection were received. The objections
raised can be summarised as follows. 
• Noise from dogs barking
• Deliberate non-compliance with Planning re dog day care. Started July 2019.
• Historic Noise Impact Assessment submitted. 
• Intentionally excluded from Neighbour Notifications for planning applications. 
• No acknowledgment or response that the business has been subject of an Enforcement
Order in 2023. 
• Increase in traffic would have a detrimental effect on the area.
• Extension is within a high flood risk area. 
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8. Planning Assessment 
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997,
planning decisions must be made in accordance with the Development Plan unless material
considerations indicate otherwise. The development plan consists of National Planning
Framework 4 (NPF4) and the Adopted North Lanarkshire Local Development Plan 2022. 
8.2 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 (assessed below). The policies within NPF4 that are relevant to
the application include Policy 8 (Greenbelt) Policy 14 (Design, Quality and Place), Policy 28
(Rural Development)  
Policy 8 (Greenbelt):  Development proposals within a green belt designated within the LDP
will only be supported in certain circumstances. For example, if they are for development
associated with agriculture, woodland creation or forestry related or, as in this particular case,
the development relates to it is an intensification of established uses.    
Policy 14 (Design, Quality and Place): Development proposals will be designed to improve
the quality of an area whether in urban or rural locations and regardless of scale  
Policy 28 (Rural Development): Development proposals that contribute to the viability,
sustainability and diversity of rural communities and local rural economy will be supported
which includes diversification of existing businesses.  
8.3 Assessment: The existing kennels were granted planning permission in 2019, Planning ref
19/00069/FUL. It is viewed that Policy 8 and Policy 28 within NPF4, support this application
as the proposal is an intensification of an established use and it is regarded as a
diversification of an existing business. The design and location have been assessed against
Policy 14 of NPF4 (and the EDQ policies in the LDP) and it is deemed appropriate in scale
and nature within a rural location 
8.4 The proposal must comply with policies set out in PP4 (Greenbelt) and AD4 Policy (Amount
of Development) within the Adopted North Lanarkshire Local Plan 2022. PP4 Greenbelt
Policy aims to protect the green belt area through restricting development to acceptable types
which shall have a positive economic benefit whilst minimising any adverse environmental
impacts.  EDQ 1 (Site Appraisal) and EDQ 3 (Quality of Development) are also relevant as
these policies consider issues such as massing, height, style, finishing materials of any
building, as well as orientation and topography of the site.  
8.5 Assessment: The proposed extension and day care application has been assessed against
the above policies. As the kennels already exist within the boundary of Woodend Riding
Centre it is viewed that the proposal will not have any adverse environmental impact stated
in Policy PP4. The orientation and design of the proposed kennels were taken into
consideration. The proposed kennels face away from the residential properties and the
extension matches the existing building in height, style and facing materials which is
supported by EDQ1 and EDQ3. With regards to the potential noise impacts of the
development these have been assessed in detail through the submission of a Noise Impact
Assessment the findings of which have been accepted by NLC Pollution Control.  
8.6  The proposal is considered to comply with the development plan.    
8.7 The matters raised in the letters of representation are addressed in turn below. 
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• Noise from dogs barking 
Comment: While it is noted that there is noise created by dogs within the existing kennels.
The findings of the Noise Impact Assessment NIA show that daytime noise levels produced
at the closest dwellings because of uncontrolled constant barking of multiple dogs in the open
air are of marginal significance according to the BS4122 rating system. Nighttime noise levels
were found to be well below the external and internal noise levels that are recommended. 
It is also noted that not all noise created by dogs barking within the area is from the kennels.
There is a walking trail at the canal is a well-used spot for dog walkers. 
• Deliberate Non-compliance with Planning Re Dog Day Care which started in July
2019. 
Comment: An enforcement case was created after receiving correspondence from
Councillor Heather Brannan-McVey regarding noise exacerbated by doggy day care. While
investigating the complaint, it was brought to our attention the owner thought the day care
was covered by the same class use as kennels. Retrospective planning permission has been
sought for the day care element of the business. 
• Historic Noise Impact Assessment 
Comment: One of the original documents submitted with the planning application was the
Noise Impact Assessment NIA dated 2019. An up-to-date assessment was received on 6
February 2024, which was used as part of the planning assessment. 
• Intentionally excluded from Neighbour Notifications for planning applications. 
Comment:  Standard procedure for neighbour notification is to notify any neighbour that is
within a 20m buffer from the proposed development. In this instance, no property boundaries
are within this distance, therefore no residents were notified within this process. The
application was advertised in the local press 
• No acknowledgment or response that the business has been subject of an
Enforcement Order in 2023. 
Comment: It should be noted that the enforcement case raised in 2023, ref 23/00130/COMP
is still ongoing pending the outcome of the current planning application. No enforcement order
is currently in place and no formal enforcement action has been taken.   
• Increase in traffic would have a detrimental effect on the area. 
Comment: It is viewed that there will be no significant increase in traffic. 
• Extension is within a high flood risk area. 
Comment: As stated in the Site Investigation Report. The site is considered to be very low
risk of surface water flooding.   
8.8 As covered in the consultation section above, one of the objectors commissioned their own
noise consultant to assess the noise impact assessment reports submitted in support of the
application. On both occasions the reports submitted by David Chapman were passed to
NLC Pollution Control for comment/review.  NLC Pollution Control did agree that the first
report was unsatisfactory and that a revised NIA was required. They agreed the scope and
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signed off on the methodology for this report.  Notwithstanding, they were asked for comment
on David Chapman’s comments on the shortcomings and conclusions of this second NIA
report.  NLC Pollution Control are satisfied with both the report itself but also its conclusions
i.e. that they do not object to the development, nor do they require any noise mitigation
measures. They advise that noise associated with the existing development and the
proposed extension is within the current noise guidelines.  With regards to the recommended
planning conditions restrictions have been put in place to control overall numbers to be
boarded at the extended premises and also maximum numbers of dogs in doggy day care. 
This alongside the operational practices of the business should mean that impacts arising
from the development are within acceptable limits.       
9. Conclusions 
9.1 In conclusion, considering all the circumstances relevant to this application, the proposed
kennel extension and retrospective change of use to doggy daycare is considered
acceptable. The proposal will not have a detrimental effect the green belt or on local
residential amenity. As such it is recommended that planning permission granted subject to
conditions. 
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Application No:  
24/00144/FUL
Proposed Development: 
Holiday lodge development comprising 65 holiday units,
manager’s house and agricultural shed 
Site Address: 
Coathill Farm
Stirling Road
Luggiebank
Cumbernauld
North Lanarkshire
G67 4AE 
Date Registered: 
12th March 2024 
Applicant:
Mr John Hannigan
Coathill Farm
Stirling Road
Luggiebank
Cumbernauld
North Lanarkshire
G67 4AE 
Agent:
Planning Services UK
Mr Philip Landa
The Circle
Westerwood Business Park
69-71 Aberdalgie Road
Glasgow
G34 9HJ 
Application Level:
Major Application 
Contrary to Development Plan:
Yes
Ward:   
08 Airdrie North 
Alan Beveridge, Sophia Coyle, Henry Emerson
Dunbar, Richard Alan Sullivan
Representations:
92 letter(s) of representation received.   
Recommendation: Refuse 
Reasoned Justification: 
The proposed development would represent an unacceptable departure to the Green Belt
policies within both NFP 4 and the North Lanarkshire Local Development Plan. The
development is poorly located in terms of access to amenities and public transport.  Any benefits
from the development would be insufficient to merit the approval of planning permission.   
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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: 24/00144/FUL 
Name (of applicant): Mr John Hannigan
Site Address: Coathill Farm
Stirling Road, Luggiebank
Cumbernauld, North Lanarkshire
G67 4AE
Development: Holiday lodge development
comprising 65 holiday units, manager’s
house and agricultural shed   
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Recommendation: Refuse for the Following Reasons: - 
1. That the proposed development is contrary to Green Belt policy PP 4 and AD 4 of the North Lanarkshire
Local Development Plan 2022 and policy 8 Green belts of NPF 4. In particular, the development would
result in the suburbanisation of the site resulting in an adverse impact on the character, appearance, and
function of the Green Belt. No adequate justification, special circumstances or material considerations
have been demonstrated to merit a departure from the development plan. 
2. That even if the proposed development were to be considered to be acceptable in principle in the Green
Belt (as already indicated in reason 1, it is not acceptable in principle), the proposed development would
be contrary to NPF 4 policies 13 (Sustainable Transport), 29 Rural Development and 30 (Tourism) in that
it will be primarily accessed by private vehicles rather than by more sustainable modes of transport. 
Background Papers: 
Consultation Responses: 
Scottish Water 
The Coal Authority 
Health and Safety Executive 
Scottish Gas Network 
Archaeology Service 
Environmental Health (including Pollution Control) 
Traffic & Transportation 
Assistant Community Partnership Manager 
NLC Greenspace   
Contact Information: 
Any person wishing to inspect these documents should contact Patricia Beaton at
planningenquiry@northlan.gov.uk. 
Report Date: 
28th August 2024 
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APPLICATION NO. 24/00144/FUL 
REPORT 
1. Site Description 
1.1 The application site is located to the south of Luggiebank and the Glenhove Reservoir and is
approximately 6.4 hectares in size and is accessed from Stirling Road via Coathill Farm
Road. Coathill Farm Road is an unadopted single track private road without footways or
streetlighting. The application site is currently in agricultural use with the majority of the site
being agricultural fields. The site also contains an existing detached dwellinghouse,
agricultural buildings and hard standing. Whilst the existing detached dwellinghouse is to be
retained, the agricultural buildings and hard standing on site are to be removed. Directly
adjacent to the application site boundary to the north is a converted former steading building
(known as 1 to 3 Coathill Farm). These buildings are outwith the application site. 
2. Proposed Development 
2.1 The applicant proposes a holiday lodge development comprising of the construction of 65
holiday units (lodges), a manager’s house and agricultural shed. The applicant also proposes
road improvements and other infrastructure associated with the development. 
2.2 The proposed 65 holiday lodges will consist of a mix of two- and three-bedrooms chalets
each would have raised decking. The proposed two-bedroom chalet will be approximately
11.2m long and 4.4m wide (5.9m wide including raised decking). The proposed three-
bedroom chalet will be approximately 12.9m long and 4.4m wide (5.9m wide including raised
decking). It is indicated that the holiday lodges are intended for use by tourists rather than as
permanent residential lodge accommodation. 
2.3 The proposed manager’s house (which the applicant also refers to as a farmhouse) and
agricultural building will be located at the west of the application site. The proposed
manager’s house will be one and a half storey dwellinghouse with integral garage (with annex
living accommodation above). including three bedrooms and three bathrooms. The
agricultural building will have a footprint of approximately 200sqm. 
2.4  The proposed development also includes SUDs, upgrades to Coathill Farm Road, children’s
play areas and the creation of a large area of open space to the north of the application site. 
3. Applicant’s Supporting Information 
3.1 The Applicant has submitted the following in support of the application: 
• Architectural Drawings
• Preliminary Ecological Assessment (With Updated Addendum)
• Planning Statement
• Noise Impact Assessment 
• Visibility Splay Statement
• Design and Access Statement
• Strategic Development and Community Impact document
• Economic, Environmental and Social Benefits document
• Sustainable Development Proposal Aligned with council Motto document
• Sustainable Transport report
• Sustainable travel proposal document
• Financial Viability Document 
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• Response to public objections was also received. 
4. Site History  
4.1 A major development application (22/01225/FUL) for Holiday lodges (65 units), farmhouse,
enabling residential development (18 units), agricultural building and road improvements and
associated infrastructure was submitted by the applicant in October 2022. As part of the
applicant’s submission for this application, it was advised that the residential development of
18 units was required to cross fund the proposed holiday lodge development. This application
was subsequently refused by Planning Committee on 25th May 2023. 
4.2  Planning application 22/01225/FUL was refused by Planning Committee for the following
reasons: 
a) That the proposed development is contrary to Green Belt policy PP 4 and AD 4 of the
North Lanarkshire Local Development Plan 2022 and policy 8 Green Belts of NPF 4. In
particular, the development would result in the suburbanisation of the site resulting in an
adverse impact on the character, appearance and function of the Green Belt. No
adequate justification, special circumstances or material considerations have been
demonstrated to merit a departure from the development plan. 
b) That the proposed development is contrary to Housing Development Sites policy PROM
LOC 3 of the North Lanarkshire Local Development Plan 2022 and policy 16 Quality
Homes of NPF 4, in that the residential aspect of the proposed development does not fall
meet the criteria outlined in policy PROM LOC 3 and policy 16 which would justify
residential development on this Green Belt site. 
c) That even if the proposed development were to be considered to be acceptable in
principle in the Green Belt (as already indicated in reason 1, it is not acceptable in
principle), the proposed development would be contrary to NPF 4 policies 2 (Climate
mitigation and adaptation), Local Living and 20 minute neighbourhoods (15), and Tourism
(30) in that it will be primarily accessed by private vehicles rather than by more
sustainable modes of transport 
4.3 Following this refusal, the applicant appealed the decision to the DPEA (Planning and
Environmental Appeals Division). Following the appropriate process the Reporter concluded
‘… that the proposed development does not accord overall with the relevant provisions of the
development plan, being NPF4 Policies 2, 8, 9, 15, 16, 17, 29 and 30, and LDP Policies PP4
and AD4. There are no material considerations which would still justify granting planning
permission.’ The date of this decision was 28th December 2023. 
4.4 It should be noted that the current application being assessed a re-submission of the
development previously refused by both Planning Committee and the DPEA with the 18
enabling residential dwellings removed. 
4.5 Planning permission was granted in 2005 for the conversion of the farm steading at Coathill
Farm to form 3 dwellinghouses (known as 1 to 3 Coathill Farm). Subsequent applications for
detached garages and extensions to the converted steading were received between 2005
and 2007. Whilst 1 to 3 Coathill Farm are out with the application site, these properties also
access Stirling Road from Coathill Farm Road. 
4.6 Planning permission was granted on 8th January 2018 for a detached double garage with
adjoining carport and rear decking to Coathill Farm. 
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5. Development Plan  
5.1 The development plan consists of the National Planning Framework 4 (NPF 4) (published
on 13th February 2023) and the North Lanarkshire Local Development Plan 2022 (NLLDP)
(adopted on 6th July 2022). 
5.2 The following NPF4 policies are considered to be relevant: 
5.3 NPF 4 policy 3 Biodiversity sets out criteria how development proposals should contribute
to the enhancement of biodiversity, and development proposals for major development will
only be supported where it can be demonstrated that the plans will conserve, restore and
enhance biodiversity. 
5.4 NPF4 policy 8 Green belt seeks to encourage, promote and facilitate compact urban growth
and use the land around our towns and cities sustainably and to ensure the following
outcomes: 
• Development is directed to the right locations, urban density is increased and
unsustainable growth is prevented.
• The character, landscape, natural setting and identity of settlements is protected and
enhanced. 
• Nature networks are supported and land is managed to help tackle climate change. 
5.5 NPF4 policy 13 Sustainable Transport sets out to encourage, promote and facilitate
developments that prioritise walking, wheeling, cycling and public transport for everyday
travel and reduce the need to travel unsustainably. 
5.6 NPF4 policy Rural Development 29 supports development proposals that contribute to the
viability, sustainability and diversity of rural communities and local rural economy will be
supported under certain circumstances which includes supporting existing uses and
diversification 
5.7 NPF4 policy Tourism 30 supports development proposals for new or extended tourist facilities
or accommodation, including caravan and camping sites, in locations identified in the LDP,
will be supported. 
5.8 The following policies are relevant within the North Lanarkshire Local Development Plan:
• PP4 Greenbelt 
• AD4 Amount of Development
• Policies PP 2C and AD 2C Visitor Economy Areas
• Policy PROT A Category A5
• EDQ 1, 2, 3 assess the Environmental and Design Qualities   
5.9 The North Lanarkshire Local Development Plan 2022 (NLLDP) identifies the application site
as part of the Green Belt under policies PP 4 and AD 4 Green Belt. This policy sets out that
the council seeks to support developments for agriculture, forestry, recreation, or
developments that need a non-urban location. The purpose of the Green Belt is to protect
the setting of communities, support regeneration by directing growth to urban areas, protect
natural assets and provide a high quality environment. 
5.10 NLLDP policies PP 2C and AD 2C Visitor Economy Areas and Locations supports proposals
that cater for leisure and tourism. Striking an appropriate balance between the benefits from
sustainable economic growth and any impacts arising that could compromise the character
of an area or location may require suitable mitigation.
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5.11 NLLDP policy PROT A Category 5 is also applicable proposals will only be supported for
proposals potentially affecting Local Sites if it can be demonstrated to the Council’s
satisfaction that there will be no adverse impact or that any impacts can be mitigated in
environmental terms relevant to the impact 
5.12 The NLLDP requires that all proposed development be assessed against policies EDQ 1
(Site appraisal) and EDQ 3 (Quality of Development). 
EDQ 1 – Site Appraisal          
EDQ 2 – Specific Features for Consideration          
EDQ 3 – Quality of Development         
These three polices look for proposed developments to create a successful place or enhance
existing places by integrating successfully into the local area and avoiding harm to
neighbouring amenity.  To do this a range of criteria is listed within these polices which
includes amongst other things aspects of design, massing, materials, topography and
aspects to protect the existing urban area and its specific characteristics, assets and
attributes.  They consider hazardous zones, utilities infrastructure and management areas
and look to promote biodiversity and the environment whilst meeting the challenges of the
climate change via suitable and safe access for all users to promote sustainable public travel
or for example the provision of electrical charge points where the car is still a requirement. 
6. Consultations 
6.1 Scottish Water has advised that they have no objections to this application. 
6.2 The Coal Authority has advised that the application site falls within the Coal Authority’s
defined Development Low Risk Area. On this basis the Coal Authority had no specific
comments to make. The Coal Authority has requested that, if this application is approved,
the Coal Authority’s Standing Advice note should be drawing to the applicant’s attention as
an informative. 
6.3 The Health and Safety Executive (HSE) was consulted on this application due to the proximity
to a high pressure pipeline. The HSE has confirmed that it does not advise against the
granting of planning permission in this case. 
6.4 Scottish Gas Networks (SGN) was consulted and initially advised that it objected to the
application due to the proximity of the proposed development to SGN’s high pressure
pipeline. Following discussions between SGN and the agent acting on behalf of the applicant,
SGN has withdrawn their objection. However should the application be approved, an
informative advising the applicant to contact SGN prior to any development works taking
place would be added to any permission. 
6.5 The council’s Archaeological Service has advised that the proposed development has the
potential to damage previously unknown archaeological remains. Any permission should
include conditions in relation to the submission of a Written Scheme of Investigation and the
implementation of a programme of archaeological works. 
6.6 NLC’s Pollution Control Service has no objections to this application and has advised that
conditions should be attached to any permission in relation to site investigations and
remediation works. The Noise Impact Assessment (previously submitted as part of
application 22/01225/FUL) has been resubmitted as part of this current application. NLC’s
Pollution Control has advised that the findings of the Noise Impact Assessment are
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acceptable and can be applied to the development proposed in this current application. No
conditions in relation to noise impact are required. 
6.7 NLC’s Roads Development Service has advised that they have no objection to this
application. A visibility splay of 2.4m x 160m is required in both directions of the development
access on Stirling Road and a condition requiring the implementation of this visibility splay
should be attached to any permission. The Roads Development Service has also advised
that as the proposed development takes access from a private road, this road will not be
considered for adoption by the council. 
6.8 NLC’s Community Partnership Team (dealing with play provision) has advised that as the
holiday park is intended as a private leisure destination where the maintenance and liability
of the play area(s) are expected to remain the responsibility of the facility operator. Should
this application be approved conditions requiring the submission of a full specification for
each proposed Local Equipped Area for Play should be attached to any permission. 
6.9 NLC’s Greenspace Development Service has advised that it accepts the findings of the
Preliminary Ecological Assessment and Updated Addendum. Conditions requiring mitigation
measures and enhancement measures should be attached to any permission. In addition, a
condition requiring a further updated Preliminary Ecological Assessment to be submitted
should no development being undertaken within 12 months of any permission should also be
included. Furthermore, Greenspace Development has welcomed the inclusion of landscaping
and potential biodiversity enhancements within the proposed development. Should this
application be approved conditions requiring a full scheme of landscaping and biodiversity
enhancements to be submitted for approval and its implementation should be attached to any
permission. 
7 Representations 
7.1  A total of 92 representations were received including 45 objections and 45 comments of
support being received (including several from the same household) during the neighbour
notification and advertisement period for this application. In addition a further 2
representations were received after the neighbour notification and advertisement period had
ended. 
7.2 In summary, the objections to this application raise concerns in the following areas: 
• proposed development is contrary to planning policy as the site is located within the
Green Belt and is not in keeping with the surrounding area or the natural environment
of where it is being situated.
• impacts to existing natural habitats, nearby Sites of Interest for Nature Conservation
and nature reserves and wildlife (including bats, barn owls and deer) should this
application be permitted.
• the safety of the proposed access to the site from Stirling Road, the use of Coathill
Farm Road and the lack on footways and streetlights on these roads and other
surrounding roads
• potential noise and light pollution from the proposed development and traffic
associated with it as well as concerns regarding the suitability of the site in relation to
its mining and contamination history.
• lack of infrastructure to serve the proposed development such as sewage and water,
as well as the impact on the application site’s existing natural drainage 
7.3  Other issues were raised; however, they are not material planning considerations. These
include concerns such as the potential impact on property values, potential disruption to local
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residents should development be approved especially during the construction, anti-social
behaviour as well as the potential impact on existing tourist accommodation providers. 
8. Planning Assessment 
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning
decisions are made in accordance with the development plan unless material
considerations indicate otherwise. The assessment will therefore identify the development
plan policies relevant to the proposal and will make an assessment based on these policies
along with other material considerations. 
National Planning Framework 4 
8.2 NPF 4 policy 3 Biodiversity sets out criteria by which proposals should contribute to the
enhancement of biodiversity, and development proposals for major development will only be
supported where it can be demonstrated that it will conserve, restore, and enhance
biodiversity. The development is located outwith any designated nature conservation sites
but would include proposals for the creation of open space, landscaping, hedgerows, and a
wildflower meadow. A Preliminary Ecological Appraisal (with Updated Addendum) was
submitted as part of this application. NLC’s Greenspace Development Service has advised
that it accepts the findings of these and that conditions requiring mitigation measures and
enhancement measures should be attached to any permission. A condition requiring a further
updated Preliminary Ecological Assessment to be submitted should no development being
undertaken within 12 months of any permission should also be attached to any permission.
Furthermore, Greenspace Development has welcomed the inclusion of landscaping and
potential biodiversity enhancements within the proposed development. Should this
application be approved conditions requiring a full scheme of landscaping and biodiversity
enhancements to be submitted for approval and its implementation should be attached to
any permission. On assessment, it is considered that the proposed development could be
sufficiently compatible with the Biodiversity policy (3) within NPF 4. 
8.3 NPF 4 policy 8 (Green Belts) in relation to the holiday lodges, it is noted that development
proposals will only be supported if they accord with a list of criteria.  One of these is “outdoor
recreation, play and sport or leisure and tourism uses; and developments that provide
opportunities for access to the open countryside (including routes for active travel and core
paths).”  The development does come under this, however, the policy goes on to say that
additional requirements must also be met namely:
•  reasons are provided as to why a green belt location is essential and why it cannot be
located on an alternative site outwith the green belt;
• the purpose of the green belt at that location is not undermined;
• the proposal is compatible with the surrounding established countryside and landscape
character;
• the proposal has been designed to ensure it is of an appropriate scale, massing and 
external  appearance, and uses materials that minimise visual impact on the green belt as
far as possible; and
• there will be no significant long-term impacts on the environmental quality of the green belt. 
8.4 As noted above, there are 65 holiday lodges proposed and these are each of a similar scale
and impact associated with a standard dwelling house.  There is no clear evidence as to why
the holiday lodges must be located in this particular Green Belt location (and not in an
appropriate location outwith the Green Belt) and it is considered that this suburbanisation of
the countryside would be at odds with the other criteria listed above resulting in an adverse
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impact on the character, appearance and function of the Green Belt. 
8.7 Also included in the proposal is a new agricultural building to complement the existing farm
operation and this accords with the Green Belts policy.  The applicant has advised that the
manager’s house is ancillary to the running of the holiday park and its inclusion in the
proposal is essential to the running of a rural business. Policy 8 does support the
development of residential accommodation for a key worker within the immediate vicinity of
their place of employment where the presence of a worker is essential to the operation of the
enterprise. Residential accommodation for an agricultural worker for example, could be
supported under this aspect of policy 8, however the applicant has not provided any
justification for the lodge development which the manager’s accommodation relies.  It must
therefore be concluded that the development does not accord with Green Belts policy (8) of
NPF 4. 
8.8 NPF 4 policy 13 Sustainable Transport is intended to encourage, promote and facilitate
developments that prioritise walking, wheeling, cycling and public transport for everyday
travel and reduce the need to travel unsustainably. Policy 13 d) advises that development
proposals for significant travel generating uses will not be supported in locations which would
increase reliance on the private car, taking into account the specific characteristics of the
area. The proposed development of 65 holiday lodges includes the provision for two parking
spaces per lodge (130 spaces in total) which would likely generate a significant number of
vehicle journeys at a location which is currently served by a single-track road. It is noted that
the applicant proposes opportunities for sustainable travel within the development as well as
an electric minibus service for guest. Whilst the applicant’s minibus proposal may eliminate
a small number of private car journeys, the limitations to the existing local area bus services
and lack of realistic opportunities for walking, cycling, and wheeling on the existing road
network much of which is high speed and without public footways, will likely result in the
primary use of private vehicles to and from the proposed development. It must therefore be
concluded that the development does not accord with policy 13 of NPF 4.
8.9 NPF4 Rural Development policy 29 a) sets out criteria similar to that set out with NPF 4 policy
8 above for acceptable development for developments within Rural Areas. However,
although these policies set out circumstances where rural homes and development would be
supported, this list of circumstances does not include supporting rural homes or
developments located within the Green Belt. With regards to part b) of policy 29, this section
advises that development proposals in rural areas should be suitably scaled, sited, and
designed to be in keeping with the character of the area. They should also consider how the
development will contribute towards local living and take into account the transport needs of
the development as appropriate for the rural location. As detailed above within our
consideration of NPF 4 policy 8, the proposed development of 65 holiday lodge would
represent the suburbanisation of the countryside to a scale which would not be in keeping with
the rural isolated character of the area. Furthermore, whilst there may be some financial
benefit to local areas, any tangible contribution would be limited given the holiday lodge
development (and any limited facilities within it) would be for private fee-paying guests only.
As also detailed above, given the isolated nature of the development site and the limited
sustainable transport opportunities available, the primary transportation option available will
be private vehicle which is considered contrary to policy 13 (Sustainable Transportation) and
consequently policy 29 of NPF 4. 
8.10 NPF 4 policy 30 Tourism sets out that proposals for new or extended tourist facilities or
accommodation in locations identified in the NLLDP could be supported however the
application site has not been identified within the NLLDP as a location for new tourism
accommodation. Proposals of this nature also require to take into account its contribution to
the local economy, compatibility with the surrounding area in terms of scale and impacts on
local communities, impacts of increased visitor numbers, opportunities for sustainable travel
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etc. It is considered that following on from the matters discussed in terms of Policy 13 in
relation to sustainable travel, that the remoteness of the site would not achieve this. 
8.11  Further to paragraph 8.11 above, in terms of the development contribution to the local
economy, the applicant has advised that the development proposed is estimated to produce
a revenue of over £1m for potential investors and stakeholders and has the potential to create
jobs through the construction and operation of the development (the exact number of
permanent jobs to be created is unclear). It is accepted that the proposed development could
provide additional jobs and a degree of economic benefit to the local area due to the increase
in visitor numbers as a result of this development.  However, the applicant has not provided
any details of other alternative sites for this development which were previously appraised to
enable the applicant to conclude that development could only be located on this particular
Green Belt site.  Accordingly, the net economic benefit from its development would also be
afforded by a similar development on a suitable location. The proposed development
compatibility with its Green Belt location is a significant consideration and given the impact
of the development on the Green Belt and the developments rural and isolated location it is
not considered that any economic benefits would outweigh the impact of this development
on the Greenbelt.  The lack of public transport from the development site to Luggiebank and
Cumbernauld, will likely result in visitors being dependent on private transport increasing
vehicle numbers (even with the proposed guest minibus service being considered).
Therefore, it would not be sympathetic to opportunities for sustainable travel. For these
reasons it is considered that the proposed development is not compatible with NPF 4 Tourism
policy (policy 30). 
North Lanarkshire Local Development Plan 
8.12 The application site is designated as Green Belt under policies PP 4 and AD 4 of the North
Lanarkshire Local Development Plan (NLLDP) 2022. In terms of development plan policy,
new development in the Green Belt is covered by policies PP 4 and AD 4. Policy PP 4 sets
out that the council will protect the setting of communities, support regeneration by directing
growth to urban areas, protect natural assets and provide a high-quality environment. The
council will support developments for agriculture, forestry, recreation, or developments that
need a non-urban location, including, where appropriate, Visitor Economy related
development. 
8.13 The relevant element of this policy is visitor economy, in the first instance the application site
is not located within an area designated for the purpose. In addition any proposal requires to
evidence significant economic benefits, satisfying the EDQ policies so that the need can be
balanced against any adverse impacts on the purposes of the Greenbelt. The concerns
regarding these impacts have been previously discussed above and include the lack of
transport and connectivity of the location to the wider area. The application has also not
shown that there would be significant economic benefits for the wider economy. In addition
the proposed scale and design of the proposed holiday lodge development would result in
the suburbanisation of the countryside which would be at odds with the other criteria listed above
resulting in an adverse impact on the character, appearance and function of the Green Belt. 
8.14 In terms of other individual elements also proposed this includes the proposed manager’s
house would not be acceptable where the overall development it is to serve is unacceptable.
In terms of the agricultural building this could be applied for separately if this is required for
the existing agricultural unit. 
8.15 With regards to the development’s location requirement, the applicant has indicated that the
application sites proximity to Glasgow and Edinburgh as well as proximity to major transportation
links as justification for choosing the application site for the proposed development. It is
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considered that the applicant has not provided clear evidence as to why the proposed
development must be located in this particular Green Belt location and could not be located
within alternative urban sites with similar proximity to major urban centres and road links within
the central belt of Scotland or any details of alternative sites out with the Green Belt which have
been considered and discounted. 
8.16 The application also indicated that it is considered that part of the development site is
brownfield as there has been previous agricultural related development within the
development site and to the north of the application site (out with the application site
boundary) the former Coathill Farm steading (now known as 1 to 3 Coathill Farm) has been
converted into three dwellinghouses. 
8.17 NPF 4 defines brownfield land as land which has previously been developed and that 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. Whilst it is noted that there has previously been development within
a small section of the application site and to the north of the site at the form steadings, the
application site is not considered to be vacant, or derelict given its current agricultural use of
both the land and existing buildings. Although there may be areas of hardstanding and farm
buildings which are not currently in use, the application site as a whole is not considered
vacant or derelict and only accounts for a small proportion of the development site.
Furthermore, NPF 4 defines brownfield as being developed land within the settlement
boundary, the application site is isolated and not within the defined settlement boundaries of
the either of the two nearest settlements of Luggiebank to the northeast or Greengairs to the
southeast. This site is not considered as brownfield as defined by NPF 4 and as such its
Green Belt designation still applies. The now superseded North Lanarkshire Local Plan 2012
designated the application site within the Green Belt and the newly adopted North
Lanarkshire Local Development Plan adopted in July 2022 maintains this designation. It is
therefore considered that as the application site remains fully within the Green Belt and has
not been allocated for urban expansion, any development on this site should be assessed
under policy PP 4 Green Belt. 
8.18  With regard to policy AD 4, applications for planning permission for new development will be
assessed for their implications related to the amount of development proposed. The need for
an assessment depends on the combination of type (Use Class), scale and location of
development. For Class 9 uses (houses), any residential development (such as the
manager’s accommodation proposed) would need to be in support of a Green Belt
appropriate use. Tourism development on the other hand could be considered (in principle)
to be an acceptable use within a Green Belt location for the reasons outlined above. 
8.19 Policies PP 2C and AD 2C Visitor Economy Areas and Locations sets out that the council
will support the provision of tourism and leisure facilities in the Visitor Economy Locations.
The proposed development is not supported by policies PP 2C and AD 2C, as the site is
outwith a designated Visitor Economy Area and is not a designated Visitor Economy
Location. 
8.20 Policy PROT A Category A5 sets out that development that significantly affects a species
protected by law will only be permitted where an appraisal has demonstrated that the
protected species would not be compromised; or any significant adverse effects on the
protected species are mitigated through planning conditions. The applicant has submitted a
Preliminary Ecological Assessment (with Updated Addendum) as part of this application. As
detailed above the council’s Greenspace Development Service has no objection to the
development and has advised that, should this application be approved, conditions regarding
the implementation of ecological mitigation measures and enhancement measures, the
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submission of an updated Preliminary Ecological Assessment and a proposed scheme of
landscaping and biodiversity enhancements should be attached to any permission. 
8.21 Policy EDQ 1 Site Appraisal requires any development to be appraised in terms of the site
and its surroundings to ensure it will integrate successfully into the local area and avoid harm
to neighbouring amenity. This appraisal addresses matters such as design, massing,
topography and transportation aspects. The applicant has provided information in relation to
their assessment of the application site including Architectural Drawings, a Preliminary
Ecological Assessment (With Updated Addendum), Planning Statement, Noise Impact
Assessment for proposed residential and holiday lodge development (previously submitted
as part of application 22/01225/FUL), Visibility Splay Statement, Design and Access
Statement, a Strategic Development and Community Impact document, an Economic,
Environmental and Social Benefits document, Sustainable Transport report and Sustainable
travel proposal document. 
8.22 Policy EDQ 3 Quality of Development sets out that development will only be permitted where
high standards of site planning and sustainable design are achieved. Aspects such as siting;
overall layout; density; form; scale; height; massing; proportion; detailing; colour; materials
for the proposed development need to be considered. Policy EDQ 3 also includes aspects
related to creating areas which provide a sustainable, safe, secure, and convenient access
to and from the development that makes it easy to move around, and is attractive to
pedestrians, cyclists, and people with disabilities. Any development would need to integrate
well with public transport, green networks, and wider links. The assessment of and (where
necessary) the mitigation of pollution impacts is also included within policy EDQ 3.  In terms
of the development, it is considered that the proposed scale of the holiday lodge proposed
(65 individual lodges in total) is unacceptable and would result in the suburbanisation of the
Green Belt site. Each holiday lodge whilst not intended for permanent uninterrupted residency
is of a similar scale and impact of that associated with a standard dwelling house.  It is
considered that the proposed holiday development would result in an adverse impact on the
character and appearance of the Green Belt site where development is proposed. 
8.23 With regards to the landscaping aspects of policy EDQ 3, it is noted that the applicant proposes
a scheme of landscaping and native species planting are part of the development. The applicant
also proposes the creation an area of open space to the north of the application site, following
the demolition of the existing buildings on site). The inclusion of an extensive scheme of
landscaping and the creation of an area of designated open space are welcomed and should
this application be approved, conditions requiring a full detailed landscaping scheme to be
submitted for approval and implementation will be attached to any permission. Any permission
should also include conditions requiring the designation of the area proposed as open space to
be kept in perpetuity as well as conditions restricting developer rights to potential development
this area in the future. 
8.24 For the transportation and parking aspects of policy EDQ 3, NLC’s Roads Development
Service has no objection to this application or to the proposed works to Coathill Farm Road
and the access onto Stirling Road from the application site. The Roads Development Service
has advised that conditions in relation to the proposed roads works and access visibility splay
should be attached to any permission. 
8.25 Policy EDQ 3 also includes the requirement for the assessment of and (where necessary)
the mitigation of noise or pollution impacts cause either by the development or within the
development site. Information in relation of ground contamination and a proposed
remediation strategy were submitted as part of this development. Pollution Control has
advised that conditions relating to site investigations and possible remediation works should
be attached to any permission.
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8.26 With regard to potential noise impacts, the applicant has submitted a copy of the Noise Impact
Assessment previously included as part of application 22/01225/FUL. It should be noted that
the holiday lodge development current under assessment is all but identical to that proposed
within the recently refused application 22/01225/FUL. Given this, the council’s Pollution
Control has advised that the findings of that Noise Impact Assessment are acceptable and
can be applied to the development proposed in this current application. No conditions in
relation to noise impact are required. 
8.27 Taking into account the assessment above it is considered that the proposed development
would be consistent with policies EDQ 1 and EDQ 3. 
8.28 Although the proposed development may be consistent with NPF 4 policy 3 (Biodiversity)
and policies PROT A Category A5, EDQ 1 and EDQ 3 of the North Lanarkshire Local
Development Plan 2022, it is deemed that the proposed development as a whole fails to
comply with 8 (Green Belts), 13 (Sustainable Transport), 29 Rural Development, 30
(Tourism) of NPF 4 and policies PP 4 and AD 4 (Green Belts) and PP 2C and AD 2C (Visitor
Economy Areas and Locations), of the North Lanarkshire Local Development Plan 2022 as
detailed above. 
8.29 Since the proposal is contrary to development plan policy it should be refused in accordance
with Section 25, unless there are any other material considerations that suggest it should be
approved despite non-compliance. 
8.30 45 objections have been received during the neighbour notification and advertisement of this
application. The main the issues raised by objectors have been responded to as part of the
assessment below. 
8.31 Concerns have been raised that the proposed development is contrary to planning policy as
the site is located within the Green Belt and is not in keeping with the surrounding area or
the natural environment of where it is being situated. 
Response: As set out above, in this case, it is considered that the proposed development is
contrary to both NPF 4 and NLLDP policies and would have an adverse impact on the
character, appearance and function of the Green Belt. 
8.32 Concerns have been raised regarding impacts to existing natural habitats, nearby Sites of
Interest for Nature Conservation and nature reserves and wildlife (including bats, barn owls
and deer) should this application be permitted. Concerns have also been raised that the
proposed development is contrary to other council policies including the council’s Biodiversity
Action Plan. 
Response: The applicant has submitted a Preliminary Ecological Appraisal and Update
Addendum as part of this application and proposes mitigation measures and enhancement
measures as part of the development. The council’s Greenspace Development Service has
been consulted regarding the proposed development and they have no objection to the
development. Further detail of Greenspace Development comments are outlined above. 
8.33 Concerns raised by objections have been noted regarding the safety of the proposed access
to the site from Stirling Road, the use of Coathill Farm Road and the lack on footways and
streetlights on these roads and other surrounding roads. Concerns regarding the lack of
clarity of the proposed parking provision for the holiday lodges were also raised. 
Response: The applicant has advised that two parking spaces are proposed per lodge (130
spaces in total). NLC’s Roads Development Service has no objection to this application or to
the proposed works to Coathill Farm Road and the access onto Stirling Road from the
application site. The Roads Development Service has also advised that conditions in relation
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to the proposed upgrade works to Coathill Farm Road (including the installation street lighting
and footways) and the implementation of the required visibility splay at the proposed
development’s vehicle access from Coathill farm Road onto Stirling Road should be attached
to any permission. 
8.34 The concerns raised by objectors have also been noted regarding potential noise and light
pollution from the proposed development and traffic associated with it as well as concerns
regarding the suitability of the site in relation to its mining and contamination history. The
proximity of the proposed development to a nearby gas pipeline has also been raised. 
Response: NLC’s Pollution Control Service were consulted on both the suitability of the
development proposed on this site, and on any potential impacts with would arise due to the
proposed development. Pollution Control has advised that conditions regarding site
investigations would be required should this application be approved. They have also advised
that they have no concerns regarding potential noise issues and no mitigation measures are
required. Pollution Control did not raise any concerns regarding possible light pollution
because of this development.  This site has been identified as being at low development risk
by the Coal Authority. Scottish Gas Networks (SGN) was consulted on this application due
to the proximity of the proposed development to SGN’s high pressure pipeline. Should this
application be approved, an informative advising the applicant to contact SGN prior to any
development works taking place would be attached to any permission. 
8.35 Concerns regarding lack of infrastructure to serve the proposed development such as
sewage and water infrastructure as well as the impact on the application site’s existing natural
drainage have been raised. 
Response: The proposed development includes proposals for drainage provision and it is
the applicant’s responsibility to ensure that this provision complies with the relevant
requirements of both Scottish Water and SEPA. 
8.36 With regard to concerns about the notification and advertisement of this application, the
objectors consider that the neighbour notification and advertisement of this application to be
deficient
Response: The advertisement and neighbour notification of this application has been
undertaken in line with the statutory requirements of the planning legislation. 
8.37 Other concerns were raised by objectors including potential impact on property values,
potential disruption to local residents should development be approved especially during the
construction as well as the potential impact on existing tourist accommodation providers. 
Response: Whilst these issues are important, they do not represent material considerations
which can be taken in to be considered as part of the assessment of this application. 
8.38 It is considered that not all the concerns raised by objectors can be supported. However, their
concerns regarding the proposed compliance with NPF 4 and NLLDP are a material
consideration, as previously discussed above the development plan supports the view that
the proposal be refused. 
8.39 Finally, the applicant has also stated that the proposed development is aligned with the
council’s motto ‘Live, Learn, Work, Invest, and Visit’ and embodies it core values. As North
Lanarkshire Local Development Plan 2022 is considered as the land use planning policy is
an expression of the council’s ambition to achieve this vision, it has been demonstrated
above that the development plan does not support this development due to the site’s Green
Belt designation. 
8.40 In light of the above it is considered that there are no other material considerations that lead
to the proposal being regarded as acceptable. 
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9. Conclusions 
9.1 The relevant legislation requires that planning application decisions are made in accordance
with the relevant development plan unless material considerations indicate otherwise. In this
case it is recommended that the application be refused as it is considered to represent the
suburbanisation of the countryside which is at odds with the Green Belt policies in both NPF
4 and the North Lanarkshire Local Development Plan 2022. It is considered that the potential
economic benefit of the proposed development does not outweigh the resulting impact on
the greenbelt location should this application be approved.  
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Application No:  
24/00208/PPP
Proposed Development: 
Residential development and associated infrastructure
(application for planning permission in principle)   
Site Address: 
Land At
Coltness Avenue
Allanton
North Lanarkshire 
Date Registered: 
14th March 2024 
Applicant:
Grimaldi Developments
139 Comiston Road
Edinburgh
EH10 5QN 
Agent:
Holder Planning
139 Comiston Road
Edinburgh
EH10 5QN 
Application Level:
Major Application 
Contrary to Development Plan:
Yes
Ward:   
13 Fortissat 
Martin McCulloch, Margaret Hughes, John Jo
Leckie,
Representations:
1 letter of representation received.   
Recommendation: Refuse 
Reasoned Justification: 
The proposed residential development is considered contrary to the countryside polices of the
North Lanarkshire Local Development Plan 2022 as it does not do not satisfy any of the policy
requirements for housing in the Countryside and it is not considered that there are material
considerations justifying a development of this nature, Accordingly, the proposal is contrary to
policies 3 (Biodiversity), 13 (Sustainable transport), (15) Local Living and 20-minute
neighbourhoods and 16 (Quality Homes), 17 (Rural homes) , and 29 (Rural development)  of
National Planning Policy Framework 4 and to North Lanarkshire Local Development Plan 2022
greenbelt policies PP5 and AD5. It is considered that there are no material considerations to
justify a development of this nature. 
Legal Agreement
If minded to grant, planning permission should not be issued until a legal agreement has been
secured in relation to the education contribution.   
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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: 24/00208/PPP 
Name (of applicant): Grimaldi
Developments
Site Address: Land At Coltness Avenue
Allanton North Lanarkshire 
Development: Residential development
and associated infrastructure (application
for planning permission in principle)     
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Recommendation: Refuse for the Following Reasons:- 
1. That the proposed development is contrary to Countryside policies PP 5 and AD 5 of the North Lanarkshire
Local Development Plan 2022. In particular, the development would represent a significant extension to
the village of Allanton significant extension which is at odds with the intension of PP 5. The proposed
development would adversely impact the character, appearance, and function of the Countryside at this
location. It is considered that no adequate justification, special circumstances or material considerations
have been demonstrated to merit a departure from the development plan. 
2. The proposed development is contrary to policy 16 Quality homes of NPF 4, in that the proposed residential
development does not meet the criteria which would justify residential development on a site that has not
been allocated for housing in the North Lanarkshire Local Development Plan 2023. 
3. The proposed development would be contrary to NPF 4 Sustainable transport (13), Local Living and 20-
minute neighbourhoods (15), Rural homes (17) and Rural development (29), in that the proposal is not for
a use requiring a rural location and will be primarily rely on private vehicles rather than by more sustainable
modes of transport. 
Background Papers: 
Consultation Responses: 
Traffic & Transportation 
Environmental Health (including Pollution Control) 
NLC Greenspace 
Asset Team 
Education 
Assistant Community Partnership Manager 
Contact Information: 
Any person wishing to inspect these documents should contact Patricia Beaton at
planningenquiry@northlan.gov.uk. 
Report Date: 
2 September 2024
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APPLICATION NO. 24/00208/PPP 
REPORT 
1. Site Description 
1.1  The application site is located on Coltness Avenue in Allanton. The site is to the east of Mill
Road and west of existing residential properties on Allanbank Street. There are existing
residential properties to the north and east of the application site which includes several
individually designed detached residential properties also on Mill Road.  The application site
is approximately 3 hectares in size and with proposed accesses from Coltness Avenue and
Wilson Road. The site is currently vacant with existing vegetation and trees, it slopes upward
from the north to south. Previously a small portion of the site included some buildings and
possibly a residential property, all of which have been demolished. 
2. Proposed Development 
2.1 The applicant seeks planning permission in principle for a residential development of up to
73 units and associated infrastructure. An indicative layout with proposed vehicle access
points and areas of landscaping has been provided which details the proposed
dwellinghouses as a mix of detached, semi-detached and terraced dwellinghouses. 
2.2 While these design details have been provided in the supporting information, this has been
to assist assessment of the principle of development.  Matters of internal layout and design
of the site would still be subject to a further detailed Matters Specified by Condition (MSC)
planning application should this application be approved. 
3. Applicant’s Supporting Information 
3.1 The Applicant has provided the following information: 
• Draft Layout Plan
• Planning Statement
• Design and Access Statement
• Flood Risk Assessment and Drainage Strategy Report
• Transportation Assessment 
• Road Safety Report
• Tree survey
• Phase 1 Geoenvironmental Report
• Statement of Community Benefit
• Pre-application Consultation Report
• Coal Mining Report. 
4. Site History 
4.1  A Proposal of Application Notice (ref 21/01744/PAN) was submitted in November 2021
setting out the proposals to consult with the local community as this considered to be a major
application due to the number of proposed dwellings. 
4.2 In 2019 an application for planning permission in principle (19/01025/PPP) which sought
approval for four dwellinghouses was refused through delegated powers and was considered
to be contrary to the development plan (North Lanarkshire Local Plan 2012). The reasons for
refusal were as follows: 
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• The proposal is contrary to policy NBE 3 B of the adopted North Lanarkshire Local Plan
2012, in that it would involve residential development in the Rural Investment Area where
there is a presumption against such development other than in limited circumstances
which are not applicable to this proposal.
• The proposal is contrary to policies DSP 2 and DSP 4 of the adopted North Lanarkshire
Local Plan 2012, in that it would result in sporadic housing development on the edge of
Allanton which would undermine the urban boundary of that settlement, and that the
number of units proposed would not reflect the prevailing density of development in the
immediate vicinity of the site. 
5. Development Plan 
5.1 The Development Plan consists of the North Lanarkshire Local Development Plan and the
National Planning Framework 4 (NPF 4). NPF 4 was adopted by the Scottish Parliament in
February 2023 and prevails over any policies in the Local Development Plan that are
incompatible with its aims and objectives.  
5.2 NPF 4 policy 3 Biodiversity sets out criteria by which development should be assessed.
Development proposals should contribute to the enhancement of biodiversity, and
development proposals for major development will only be supported where it can be
demonstrated that the proposal will conserve, restore and enhance biodiversity. 
5.3 NPF4 policy 13 Sustainable Transport sets out to encourage, promote and facilitate
developments that prioritise walking, wheeling, cycling and public transport for everyday
travel and reduce the need to travel unsustainably. 
5.4 NPF4 policy 14 Design, Quality and Place seeks to ensure that developments are of a good
design that are not detrimental to the amenity of surrounding area and are consistent with
the 6 qualities of successful places – Healthy, Pleasant, Connected, Distinctive, Sustainable
and Adaptable 
5.5 NPF 4 policy 15 - Local Living and 20 Minute Neighbourhoods sets out that to establish this
goal consideration will be given to existing settlement pattern, and the level and quality of
interconnectivity of the proposed development with the surrounding area 
5.6 NPF 4 policy 16 - Quality Homes supports new homes on land allocated for housing in Local
Development Plans and sets out various requirements including, and not limited, to meeting
local housing requirements, providing or enhancing local infrastructure, facilities or services
and improving the residential amenity of the surrounding area. 
5.7 NPF 4 policy 17 - Rural Homes states that development proposals for new homes in rural
areas will be supported where the development is suitably scaled, sited and designed to
be in keeping with the character of the area and the development. It goes on to further state
that any sites should, for example, be allocated for housing in the development plan, reuse
redundant buildings, be enabling development for historic assets etc. 
5.8 NPF4 policy Rural Development 29 supports development proposals that contribute to the
viability, sustainability and diversity of rural communities and local rural economy will be
supported under certain circumstances which includes supporting existing uses and
diversification 
5.9 The following policies are relevant within the North Lanarkshire Local Development Plan: 
• PP5 Countryside
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• AD5 Amount of Development
• EDQ 1 Site appraisal 
• EDQ 2 Specific Features for Consideration
• EDQ 3 Quality of Development
• PROT A Category 5 Natural Environment - Protected Species
• CI Contributions to Infrastructure 
5.10 PP5 Countryside and AD5 Amount of Development 
This policy sets out that the council seeks to support developments for agriculture, forestry,
recreation, or developments that need a non-urban location. The purpose of the Green Belt
is to protect the setting of communities, support regeneration by directing growth to urban
areas, protect natural assets and provide a high quality environment. Policy AD4 requires
that housing proposals support a Green Belt appropriate use. 
5.11 CI Contributions to Infrastructure 
This policy sets out that the council will seek developer contributions for new developments
that individually or cumulatively generate a requirement for new or enhanced services or
infrastructure in respect of Affordable Housing, Education, Transport and Green
Infrastructure, Amenity Space and Play. 
5.12 Environmental and Design Quality Policies 
EDQ 1 – Site Appraisal          
EDQ 2 – Specific Features for Consideration          
EDQ 3 – Quality of Development         
These three polices look for proposed developments to create a successful place or enhance
existing places by integrating successfully into the local area and avoiding harm to
neighbouring amenity.  To do this a range of criteria is listed within these polices which
includes amongst other things aspects of design, massing, materials, topography and
aspects to protect the existing urban area and its specific characteristics, assets and
attributes.  They consider hazardous zones, utilities infrastructure and management areas
and look to promote biodiversity and the environment whilst meeting the challenges of the
climate change via suitable and safe access for all users to promote sustainable public travel
or for example the provision of electrical charge points where the car is still a requirement 
5.13  PROT Natural Environment and Green Network Assets 
Planning permission will only be granted for proposals potentially affecting Local Sites if it
can be demonstrated to the Council’s satisfaction that there will be no adverse impact or that
any impacts can be mitigated in environmental terms relevant to the impact. 
6. Consultations 
6.1 The following consultation responses have been received in respect of the application. 
6.2 NLC’s Pollution Control Service has reviewed the Phase 1 Geoenvironmental Report
submitted as part of this application and gave no objections. They have advised that, should
this application be approved, conditions in relation to site investigations and remediation
works should be attached. 
6.3  NLC’s Roads Development Service initially raised concerns regarding the potential impact
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the proposed development would have on the existing local road network. Following
discussion with the applicant’s consultant and the submission of a Road Safety Review
(dated 4th July 2024) NLC’s Roads Development Service has advised that should this
application be approved, conditions requiring the upgrade of pedestrian crossing points at
the junction of Coltness Avenue and Allanton Road as well as the installation of speed control
measures along Coltness Avenue and Wilsons Road should be attached to any approval. A
detailed specification of the proposed internal development layout, access points, visibility
splays and the requested upgrade of pedestrian crossing points and installation of speed
control measures should be included as part of any subsequent MSC application for the
proposed residential development should this application be approved. 
6.4 NLC’s Property Service (Asset Team) has advised that part of the application site includes
council owned land. Property Services has advised that prior to any development taking place
the applicant should contact NLC’s Property Service to discuss the potential acquisition of
this land. Should this application be approved an informative in relation to this would be
attached to any permission. 
6.5 NLC’s Community Partnership Team which oversees play provision as advised that for
developments of 10 – 99 dwellings a Local Equipped Area for Play (LEAP) is required. Should
this application be approved, conditions requiring the submission of detailed proposals for
the proposed LEAP as part of any subsequent MSC application for the proposed residential
development should be attached to any permission. 
6.6 NLC’s Greenspace Development Service reviewed the ecological reports, bat and tree
surveys and have indicated that they are satisfied with the information provided.  Should this
application be approved, conditions requiring the implementation of biodiversity
enhancements and mitigation measures detailed in both the Ecological Assessment and Bat
Update report should be attached to any permission. NLC’s Greenspace Development has
also advised that the application site is directly adjacent to the north west corner of the
Kingshill Local Nature Reserve (LNR) which is also a Site of Importance for Nature
Conservation (SINC). A buffer zone (15m) between the application site and the LNR and
SINC boundary should be implemented as part of any development within the application
site. This buffer should be included within any detailed scheme of landscaping and
biodiversity enhancements for the proposed development and conditions requiring the
submission of these detailed proposals as part of any subsequent application for the
proposed residential development should be attached to any permission. In addition, prior to
any development taking place on site an updated Bat Survey should be undertaken and
submitted for consideration and a condition requiring this should be attached to any
permission. 
6.7 NLC’s Education Service notes that as a result of the cumulative impact of known
housebuilding in the local area, the Service anticipates capacity constraints in the
denominational school sector going forward. Should planning permission in principle be
approved, there would be a requirement for a financial contribution of £8769.71 towards
education provision to be secured by way of a Legal Agreement. 
7. Representations 
7.1 Following the advertisement and neighbour notification of this application one objection and
one comment of support were submitted. The comment of support was from Allanton Tenants
& Residents Association. 
7.2 The objection received raised concerns related to the following: 
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• An increase traffic on Coltness Avenue and Mill Road due to the proposed development 
• The developments impact on road users (both vehicles and pedestrians)
• The potential for additional accidents due to increased amount of road traffic
• The removal of trees from the application prior to submission of this application
• The lack of notification of neighbouring properties of applications submission. 
7.3  Other issues were raised; however, they are not material planning considerations. These
include concerns such as the potential disruption to local residents and road users (vehicles
and pedestrians) especially during the construction phase. The objector also raised their
disagreement with the applicant’s the description of the site as being subject to fly-tipping
and vandalism as well as being a 'sizeable urban area'. 
8. Planning Assessment 
8.1  Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning
decisions are made in accordance with the development plan unless material considerations
indicate otherwise. Subject to suitable restrictions on the extent and nature of the
development, it is considered that the proposal raises no issues of a strategic nature. The
Development Plan comprises the North Lanarkshire Local Development Plan (NLLDP) and
the National Planning Framework 4 (NPF 4) with NPF4 prevailing over any NLLDP policies
that are incompatible with its aims and objectives.   
National Planning Framework 4 
8.2  The introduction of NPF4 in February 2023 requires that these policies be taken into account
in assessing all developments. The most appropriate of these are discussed below. 
8.3 NPF 4 policy 3 Biodiversity indicates that proposals should contribute to the enhancement of
biodiversity and should only be supported where it can be demonstrated that the proposal
will conserve, restore and enhance biodiversity. Whilst it is noted that the proposed
development is located outwith any designated nature conservation sites and includes
proposals for landscaping and biodiversity enhancements, the application site is directly
adjacent to Kingshill Local Nature Reserve (LNR) which includes a Site of Importance for
Nature Conservation (SINC). An Ecological Assessment, Bat Update report and Tree Survey
have been submitted as part of this application. NLC’s Greenspace Development Service
has advised that they are satisfied with the information provided and that the implementation
of biodiversity enhancements and mitigation measures detailed in both the Ecological
Assessment and Bat Update report should be conditioned. Greenspace Development has
also advised that a buffer zone between the application site and the LNR and SINC boundary
should be implemented as part of the proposed development. This buffer should be included
as part of a detailed scheme of landscaping and biodiversity enhancements for the proposed
development. Furthermore, prior to any development taking place on site an updated Bat
Survey should be undertaken and submitted to Planning. A condition requiring this should be
attached to any permission. On assessment, it is considered that the proposed development
would sufficiently be compatible with policy 3 (Biodiversity) within NPF 4 so long as the
appropriate mitigations are undertaken. 
8.4  NPF 4 policy 13 Sustainable transport is intended to encourage, promote and facilitate
developments that prioritise walking, wheeling, cycling and public transport for everyday
travel and reduce the need to travel unsustainably. Policy 13 a) sets out that proposals to
improve, enhance or provide active travel infrastructure, public transport infrastructure or
multi-modal hubs will be supported including for electric vehicle charging infrastructure.
Whilst it is noted that the proposed development will include the creation of opportunities for
more sustainable forms of travel such as electric vehicles, walking and cycling through the
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construction of footways and the installation on charging points, the development does not
directly promote sustainable transport. It is considered that although opportunities for more
sustainable travel could be created as part of the proposed development, given the existing
limitations to the local area bus services and rural location of the application site, it remains
likely that private vehicles would be the primary mode of transport to and from the
development. It is therefore be concluded that the development does not accord with policy
13 of NPF 4 given the scale of the proposals for potentially 73 units. 
8.5  Policy 15 Local Living and 20-minute neighbourhoods of NPF 4 seeks to encourage, promote
and facilitate the application of the Place Principle and create connected and compact
neighbourhoods where people can meet the majority of their daily needs within a reasonable
distance of their home, preferably by walking, wheeling or cycling or using sustainable
transport options. When assessing a proposal, consideration will be given to existing
settlement pattern, and the level and quality of interconnectivity of the proposed development
with the surrounding area, including local access to sustainable modes of transport (local
public transport and safe, high-quality walking, and cycling networks), shopping, education
and health and social services. It is noted that Allanton is a small village with a limited range
local services with only small shops, a primary school and a bus service. Whilst these
services are noted, it is likely that proposed residents will need to travel elsewhere to access
services and facilities not available in the village and that a high proportion of residents will
need to travel elsewhere for work, as well as to access services and facilities. Although it is
noted that there are local bus stops located on Allanton Road within a 5 to 10 minutes walk
from the application site, providing onward travel to Shotts, Wishaw, Newmains and
Motherwell would be required to access everyday services such as large retail stores such
as supermarkets. It is therefore considered that the proposed development is not compatible
with Local Living and 20-minute neighbourhood policy (15), which is considered significant
given the scale of the development. 
8.6  NPF 4 policy 16 Quality homes seeks to encourage, promote and facilitate the delivery of
more high quality, affordable and sustainable homes, in the right locations, providing choice
across tenures that meet the diverse housing needs of people and communities. Policy 16
a) advises that development proposals for new homes on land allocated for housing in LDPs
will be supported. The proposed development is not consistent with this as the application
site is not allocated for housing within the NLLDP. 
8.7 With regards to policy 16 b) it is noted that a Statement of Community Benefit has been
submitted by the applicant. The applicant considered that the proposed development would
provide both choice and competition for prospective homeowners and the new residents of
this development would contribute to the vitality of existing local businesses and support job
creation. The applicant also advises that the proposed development will amount to a
significant investment in the area contributing to local and regional community wealth. It is
noted that any proposed development including those for residential development is likely to
create jobs (particularly during the construction phase) and would likely support local
businesses. 
8.8  Policy 16 c) of NPF 4 advises that Development proposals for new homes that improve
affordability and choice by being adaptable to changing and diverse needs, and which
address identified gaps in provision, will be supported. This includes:
i. self-provided homes;
ii. accessible, adaptable and wheelchair accessible homes;
iii. build to rent;
iv. affordable homes;
v. a range of size of homes such as those for larger families;
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vi. homes for older people, including supported accommodation, care homes and
sheltered housing;
vii. homes for people undertaking further and higher education; and
viii. homes for other specialist groups such as service personnel. 
8.9 In this regard to applicant has put forward the following justification: 
a) The applicant considers that there is a clear gap in the provision for first-time buyers
in Allanton which the applicant believes is evidenced by responses (including from
the Allanton Tenants & Residents Association) to the preapplication consultation
exercise. The applicant further advises that this has led to the loss of young adults
from Allanton as they have to move away to find suitable accommodation leaving the
village with an increasingly ageing population. The applicant considers this loss of
younger residents would in turn impact the sustainability of the local primary school
as well as other community facilities such as shops. Many established settlements
across the central belt of Scotland experience fluctuating population and it is not
unusual for Allanton to be subject to this. Given that this is a nationwide issue, it is
considered that the building of housing alone cannot fully address this issue. Whilst it
is noted that the applicant has provided and indicative layout this application is for
planning permission in principle only, and detailed proposes for the proposed
development are yet to be provided we can only conclude that this development has
the potential to comply with policy 16 c). 
b) Also relevant is policy 16 f) sets out that development proposals for new homes on
land not allocated for housing in the LDP will only be supported in limited
circumstances where:
i. the proposal is supported by an agreed timescale for build-out; and
ii. the proposal is otherwise consistent with the plan spatial strategy and other
relevant policies including local living and 20 minute neighbourhoods;
iii. and either:
• delivery of sites is happening earlier than identified in the deliverable housing
land pipeline. This will be determined by reference to two consecutive years
of the Housing Land Audit evidencing substantial delivery earlier than
pipeline timescales and that general trend being sustained; or
• the proposal is consistent with policy on rural homes; or
• the proposal is for smaller scale opportunities within an existing settlement
boundary; or
• the proposal is for the delivery of less than 50 affordable homes as part of a
local authority supported affordable housing plan. 
c) The applicant has raised the recent letter from the Scottish Government’s Chief
Planner dated 26th June 2024 as a material consideration when assessing their
application. This letter was intended to provide further clarification on application of
NPF 4 including policy 16 Quality homes. This letter advises that Scottish Ministers
have continued to reinforce that policies in NPF 4 should be read and applied as a
whole and that conflicts between policies are normal and to be expected. The
planning system requires decision makers to weigh up all relevant policies, for
example, quality homes, brownfield development and town centre living, as well as
relevant material considerations in applying balanced planning. This letter further
sets out that policy 16 contains different parts with some aspects relating to location
and others to types of homes. They should be weighed up as relevant to the
proposal there is no hierarchy and no one part of policy should always outweigh
others. A balanced planning judgement should be reached in each case. 
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d) The applicant has advised that whilst they note the Chief Planners letter, in principle
policy 16 c) can be given more weight than policy 16 f) in the determination of an
application. Whether or not it can be given more weight will be a matter of planning
judgement related to the particular circumstances of the application in hand. In this
case it is noted that the applicant considers that the proposed development satisfies
policies 16 b) and 16 c) and further considers that the developments compliance
with these policies should be given more weight than any inconsistency the
development may have with policy 16 f) when determining this application.
Furthermore, should it be considered that the proposed residential development is
not supported by the NLLDP due to the site’s Countryside designation, it is the
applicant’s view there is robust justification to conclude that the more recent NPF 4
Policy 16 c) prevails, albeit in the very specific circumstances of this case. 
e) In assessing the application the main implication of this here is that a proposal’s
noncompliance with NPF 4 16(f) (or indeed any other part of that policy) does not
necessarily imply non-compliance with policy 16, if the proposal meets the 'policy
intent'. Similarly, compliance with one part of policy 16 obviously does not mean
that a proposal necessarily accords with the policy as a whole. The ‘policy intent’ of
NPF 4 policy 16 is to encourage, promote and facilitate the delivery of more high
quality, affordable and sustainable homes, in the right locations, providing choice
across tenures that meet the diverse housing needs of people and communities
across Scotland. Further indication of the intent of policy 16 is provided by the three
policy outcomes:
• Good quality homes are at the heart of great places and contribute to
strengthening the health and wellbeing of communities.
• Provision of land in the right locations to accommodate future need and demand
for new homes, supported by the appropriate infrastructure.
• More energy efficient, net zero emissions homes, supporting a greener, fairer and
more inclusive wellbeing economy and community wealth building, tackling both
fuel and child poverty. 
8.14 It is noted that the above policy outcomes are quite broad and could be subject to different
interpretations. However, it is considered that the intent of policy 16 is clear and is not
intended to enable house building of any description to be undertaken anywhere. Any
applications would instead need to be robustly assessed to determine whether proposals
would achieve the desired outcomes. It is therefore considered that house building
proposals should be considered against all relevant parts of policy 16. In terms of our
assessment this proposed development, given the scale and designation of the site, as
detailed above this application is considered contrary to both parts a) and f) of policy 16
and that the other relevant parts of policy 16 are broadly neutral towards the proposal.
Overall, the proposed development is considered contrary to policy 16 as a whole. 
8.15 NPF 4 policy 17 Rural homes is intended to encourage, promote and facilitate the delivery
of more high quality, affordable and sustainable rural homes in the right locations. To be
consisted with policy 17 development proposals for new homes in rural areas need to be
suitably scaled, sited and designed to be in keeping with the character of the area. The
proposed development is not located within a site allocated for housing within the NLLDP
nor does it reuse a redundant or unused building. Policy 17 a) ii) advises that development
that reuses brownfield land where a return to a natural state has not or will not happen
without intervention will be supported. NPF 4 defines brownfield land as land which has
previously been developed and that 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. Whilst it is noted
that there has previously been development within a portion of the application site, the
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wider application site is not within the settlement boundary. The site currently does not
have a defined use could be considered as vacant, it is not considered derelict. This site
has not been included within the council’s Vacant & Derelict Land Survey for 2022 and is
therefore not considered as brownfield as defined by NPF 4. It is therefore considered that
the proposed development is not consistent with policy 17 Rural homes or of policy 16 f)
iii, as outlined in para 8.9e above. 
8.16 Rural development policy 29 of NFP 4 intends to encourage rural economic activity,
innovation and diversification whilst ensuring that the distinctive character of the rural area
and the service function of small towns, natural assets and cultural heritage are
safeguarded and enhanced. Policy 29 a) advises that development proposals that
contribute to the viability, sustainability and diversity of rural communities and local rural
economy will be supported. This includes developments which reuse of brownfield land
where a return to a natural state has not or will not happen without intervention. As detailed
above the application site is not considered to be a brownfield site. Policy 29 b) sets out
that development proposals in rural areas should be suitably scaled, sited and designed to
be in keeping with the character of the area. They should also consider how the
development will contribute towards local living and take into account the transport needs
of the development as appropriate for the rural location. Whilst it is noted that, should this
application be approved, any subsequent MSC application will include proposals for open
space and an equipped play area with the development. The proposed development does
not include any other potential infrastructure which could be used by the local community.
With regards to transport needs, due to the application sites rural and Countryside location
residents of the proposed development will likely rely on private vehicles given the limited
availability of public transportation within Allanton. The rural nature of the location and its
limited infrastructure and services, also reduces opportunities for more sustainable means
of travel such as walking and cycling. It is therefore considered that the proposed
development is not consistent with policy 29. 
8.17 It is considered that our assessment that the proposed development as a whole fails to
comply with policies Sustainable transport (13), Local Living and 20-minute
neighbourhoods (15), Quality homes (16), Rural homes (17), and Rural development (29)
this gives weight to our recommendation that this application should be refused. 
North Lanarkshire Local Development Plan 
8.18 The application site is designated Countryside under policies PP 5 and AD 5 of the North
Lanarkshire Local Development Plan (NLLDP) 2022. Under policy PP 5 the council will
support the Countryside, by accommodating limited development such as Visitor Economy
related development, extending existing businesses and settlements, and agricultural
diversification. The council will resist pressure for sporadic and isolated development in the
Countryside, protect and enhance local landscapes and encourage the creation of jobs and
services to serve Countryside communities. All of the uses that are appropriate in the
Green Belt are appropriate in the Countryside. However, in addition to these, proposals for
limited expansion of existing businesses and settlements, agricultural diversification and
local job creation will be encouraged. Policy AD 5 advises that applications for planning
permission for new development will be assessed for their implications related to the
amount of development proposed. The need for an assessment depends on the
combination of type (Use Class), scale and location of development. For Class 9 uses
(houses), any residential development would need to be in support of a Green Belt
appropriate use. It is clear that the proposed residential development is not intended to
support any Green Belt appropriate use such as for agriculture, forestry, recreation or with
the proposed tourism accommodation. Instead, the proposed development is considered
by the applicant to be an extension of the existing settlement of Allanton. 
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Page 46

8.19  The applicant has advised that as the principle of extending existing settlements may be
acceptable under policy PP 5, the development of the application site would ‘round off’ the
development form of the village. With regards to the council’s intention to resist pressure for
sporadic and isolated development in the Countryside, the applicant considered that given
the application sites location which is surrounded by existing development, and it is
accessibility to existing facilities within Allanton, the development of this site would not be
comprised of sporadic and isolated development. 
8.20  Policy PP 5 and AD 5 advises that an assessment of appropriateness of any proposal for
development should be undertaken. The applicant has provided several documents as part
of their appraisal of the proposed development and believes that although the site is identified
as Countryside, it is a degraded piece of land which does not provide an attractive setting for
the village and would benefit from regeneration. They further indicate it is a logical site to be
developed for housing in Allanton due to having housing, existing and proposed, on three
sides. The scale of the application site could accommodate 73 new homes which are to be
directed primarily at first-time buyers at the affordable end of the market. The applicant
believes that the proposed development would have a significant economic benefit to
Allanton and the increase in population aiding the viability of existing services, such as
Allanton Primary School. 
8.21 Policy PROT A Category A5 sets out that development significantly affecting a species
protected by law will only be permitted where an appraisal has demonstrated that the
protected species would not be compromised; or any significant adverse effects are mitigated
through planning conditions. The applicant has submitted an Ecological Assessment and Bat
Update report as part of this application. NLC’s Greenspace Development Service has no
objection to the proposed development and has advised that they are satisfied with the
findings these reports. Greenspace Development has advised that, should this application
be approved, conditions requiring the implementation of a buffer zone between the
application site and neighbouring Kingshill Local Nature Reserve (LNR) and Site of
Importance for Nature Conservation (SINC). The proposed layout of the development should
detail this proposed buffer. Any subsequent MSC application should include the
implementation of biodiversity enhancements and mitigation measures detailed in both the
submitted Ecological Assessment and Bat Update report and a detailed scheme of
landscaping and biodiversity enhancements for the proposed development. A condition
requiring this should be attached to any permission. 
8.22 With regards to policies EDQ 1 to 3, these three polices look for proposed developments to
create a successful place or enhance existing places by integrating successfully into the local
area and avoiding harm to neighbouring amenity.  To do this a range of criteria is listed within
these polices which includes amongst other things aspects of design, massing, materials,
topography and aspects to protect the existing urban area and its specific characteristics,
assets and attributes.  They consider hazardous zones, utilities infrastructure and
management areas and look to promote biodiversity and the environment whilst meeting the
challenges of the climate change via suitable and safe access for all users to promote
sustainable public travel or for example the provision of electrical charge points where the
car is still required. 
8.23 The application under consideration is in principle and as such a number of the design
elements do not require to be provided at this stage. Notwithstanding this some information
has been provided in order to assess potential impacts by the proposal. It is noted above that
both the council’s Community Partnership Team (in relation to play provision) and the Roads
Development Service have advised that any subsequent MSC application would need to
include the provision of play facilities within the site and the upgrade of pedestrian crossing
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Page 47

points at the junction of Coltness Avenue and Allanton Road as well as the installation of
speed control measures along Coltness Avenue and Wilsons Road. The failure to include
these aspects as part of the proposed development would result in a development with would
have significant impacts on the health, safety and wellbeing of future residents which would
be contrary to the EDQ policies of the NLLDP. Similarly with regards to ecological aspects of
these policies it is considered that the inclusion of conditions in relation to any subsequent
MSC application is vital when considering whether the proposed development would be
compliant with these EDQ policies. 
8.24 Policy CI – (Contributions to Infrastructure) sets out that the council will seek to secure
developer contributions for new developments that, individually or cumulatively, generate a
requirement for new or enhanced infrastructure or services, covering Education, Amenity
Space and Play. The council’s Education Service notes that as a result of the cumulative
impact of known housebuilding in the local area, the Service anticipates capacity constraints
in the denominational school sector going forward. Should planning permission in principle
be approved, there is a requirement for a financial contribution of £8769.71 towards
education provision to be secured by way of a Legal Agreement. 
8.25 Taking the above into account, the proposed development may be consistent with NPF 4
policy Biodiversity (3), and policies PROT A Category A5, EDQ 1, EDQ 1 and CI of the North
Lanarkshire Local Development Plan 2022, it is deemed that the proposed development as
a whole fails to comply with policies Sustainable transport (13), Local Living and 20-minute
neighbourhoods (15), Quality homes (16), Rural homes (17), and Rural development (29) of
NPF 4 and policies PP 5 and AD 5 Countryside of the North Lanarkshire Local Development
Plan 2022 as detailed above. Since the proposal is contrary to development plan policy it
should be refused in accordance with Section 25, and it is not considered that there are any
material considerations that would warrant approval. 
Representations 
8.26 In response to the grounds of representation, these are summarised as follows and the
respective responses should be noted: 
a) Potential to increase traffic on Coltness Avenue and Mill Road and road safety
Response: NLC’s Roads Development Service have advised that, the upgrade of
pedestrian crossing points at the junction of Coltness Avenue and Allanton Road and the
installation of speed control measures would make the development acceptable in this
regard. 
b) Removal of trees from the application site prior to the submission of this application. 
Response: The application site is not located within a Conservation Area or has any
Tree Preservation Orders (TPO) associated with it, and as such In this case no consent
for works was required.
c) The applicant’s description of the application site 
Response: In determining an application such as this any narrative provided about the
site can be subjective any application is determined based on the facts of the site.
d) Concerns about the notification and advertisement of this application
Response: it is unfortunate that the objector does not appear to have received their
notification letter. However, the advertisement and neighbour notification of this
application was undertaken in line with planning legislation. Furthermore, as this
application is a major application, the applicant undertook public consultation prior to this
application being submitted to Planning, and a Preapplication Consultation Report was
submitted with this application and is available to view on the council's website.
e) Concern regarding potential disruption to local residents and local road users (vehicles
and pedestrians) especially during the development’s construction phase 
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Page 48

Response: should it be approved, whilst this concern is important, it does not represent
a material consideration in the assessment of the proposed residential use of the site.  
9. Conclusions 
9.1  To conclude, the residential development of up to 73 units is considered to represent an
unacceptable departure from the development plan and is at odds with the application sites
Countryside designation and the policies PP 5 and AD 5 within the North Lanarkshire Local
Development Plan 2022. The proposed development also fails to comply with policies
Sustainable transport (13), Local Living and 20-minute neighbourhoods (15), Quality homes
(16), Rural homes (17), and Rural development (29) of NPF 4. 
9.2 It should be noted however that if the committee were minded to approve planning permission
in principle the decision should not be issued until a legal agreement covering education
contributions has been concluded.  
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Page 49

Application No:  
24/00622/S42
Proposed Development: 
Application under Section 42 of the Town and Country Planning
(Scotland) Act 1997 to amend the wording of condition 16
(operating hours) of Planning Permission 23/00668/FUL 
Site Address: 
Site Of Former Willowbank School
299 Bank Street
Coatbridge
ML5 1EG 
Date Registered: 
21st June 2024 
Applicant:
Baynes Co. Ltd
Orwell Bakery
Loanhead Avenue
Lochore
KY5 8DD 
Agent:
Bracewell Stirling Consulting
38 Walker Terrace
Tillicoultry
FK13 6EF 
Application Level:
Local Application 
Contrary to Development Plan:
No
Ward:   
10 Coatbridge West 
Kevin Docherty, Lesley Mitchell, Gary Robinson,
Representations:
7 letter(s) of representation received.   
Recommendation: Refuse 
Reasoned Justification: 
That the proposal is considered contrary to Polices PP3 General Urban and EDQ policies 1&3
of the North Lanarkshire Local Plan as the early morning delivery and opening times would
introduce activity at this time to the detriment of the residential amenity of neighbouring homes. 
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Page 50

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: 24/00622/S42 
Name (of applicant): Baynes Co. Ltd
Site Address: Site Of Former Willowbank
School
299 Bank Street
Coatbridge
North Lanarkshire
ML5 1EG
Development: Application under Section
42 of the Town and Country Planning
(Scotland) Act 1997 to amend the
wording of condition 16 (operating hours)
of Planning Permission 23/00668/FUL   
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Page 51

Recommendation: Refuse for the Following Reason:- 
1. The proposed alternative wording to condition 16 would be to the detriment of residential amenity due
to the introduction of very early morning activity on a daily basis which is incongruous to the context of
the site and immediate residential neighbours and therefore contrary to the aims of policies PP 3
POLICY Purpose of Place (General Urban Area), EDQ 1&3 of the North Lanarkshire Local Plan. 
Background Papers: 
Consultation Responses: 
Environmental Health (including Pollution Control) 03 July 2024 
Contact Information: 
Susan Hunt at 01236 632487 or planningenquiry@northlan.gov.uk 
Report Date: 
02 September 2024
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Page 52

APPLICATION NO. 24/00622/S42 
REPORT 
1. Site Description 
1.1 The application site extends to 0.19 Ha and takes vehicular access from Bank Street (A89). 
The site was previously occupied by Willowbank Primary School which was declared surplus
by NLC and subsequently demolished leaving the vacant site.   The site is predominantly
made up of residual hard standing with some rough grass areas around the perimeter and
overgrown shrubs to the rear of the site.  The site is bound to the North by Bank Street (A89)
with the BP petrol station directly opposite, to the East by two storey tenement flats with
restaurant and recently completed flats located on Kirkwood Road (the car parking area being
immediately adjacent), to the West by residential flats, to the South by residential properties
made up of two storey detached and semi-detached houses on Burnside View.  The site itself
is relatively flat adjacent to Bank Street but there is a drop to the rear boundary and a marked
level difference between the site and the houses on Burnside View which sit at a lower level. 
2. Proposed Development 
2.1 Planning Permission 23/00668/FUL for a Bakers Shop with Drive-Thru was granted under
delegated powers on 26th April 2024 subject to conditions.  This application seeks permission
to alter the wording of Condition 16 to extend the operating hours of the business. 
2.2 Condition 16 was worded as follows: 
That the development for which planning permission is hereby granted (including hours of
operation and deliveries), shall take place only between the following hours: 
• Monday to Friday 7am-7pm
• Saturday 7am-7pm
• Sunday 9am – 7pm 
Reason:  In the interests of Residential Amenity 
2.3 The application wishes to alter the wording of the condition to the following: 
That the development for which planning permission is hereby granted (including hours of
operation and deliveries), shall take place only between the following hours: 
Deliveries: 
• Monday to Friday 4am-7pm
• Saturday 4am-7pm
• Sunday – 6am -7pm
Opening Hours: 
• Monday to Friday – 5.30am-7pm
• Saturday – 6am – 7pm
• Sunday – 8am-7pm 
Reason: In the interests of Residential amenity and to reflect the findings of the Noise
Impact Assessment undertaken by New Acoustics (7696-00-00) dated 1st December 2023.
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2.4 The applicant was asked to consider a later start time for deliveries and opening hours and
subsequently proposed the following hours to be inserted to the proposed condition above: 
Opening hours: 
• Monday to Saturday – 6am-7pm
• Sunday – 7.30-7pm 
Deliveries 
• 1.25 -1.5 hours before opening hours (4.30/4.45am and 6.00/6.15am) 
3. Applicant’s Supporting Information 
3.1 The applicant submitted a supporting statement justifying the proposed wording of the
condition with the key points as follows. 
3.2 The applicants confirm that the noise mitigation measures set out in the Noise Impact
Assessment prepared by New Acoustics and required by conditions 13 & 14 remain
unchanged. 
3.3 They argue that the Condition 16 as currently worded restricting early morning delivery and
opening hours is unreasonable and not needed as there are adequate controls imposed by
Condition 13 and 14. 
3.4 Condition 16 as currently worded, fails the tests for conditions which are set out in Circular
4/1998 and NPF4 Policy 18(b) on the basis that it is not necessary and is not reasonable. 
3.5 The consequence of the restricted delivery and opening hours set out in Condition 16 would
mean that the proposed development is not viable and not capable of being progressed. 
3.6 The applicant provided a Supporting Statement and Noise Impact Assessment. 
3.7 The anticipated delivery arrangements are that a single delivery would be made to the unit
per day, by means of a 7.5T refrigerated van with tail lift to allow restocking prior to opening
of the unit.  The loads would be 25% of the capacity of the van and the loads would be moved
in baskets.  The waste would also be collected by this vehicle thereby minimizing delivery
and servicing movements. 
3.8 The Noise Impact Assessment was informed by vehicle trips recorded at another Drive-thru
site and are considered to represent a worst case scenario with 3 vehicle trips per 15 minutes
during 5.30-7am and 4 vehicle trips per 15 minutes thereafter. 
3.9 The applicants advise that the restriction in hours makes the development unviable form their
perspective. 
4. Site History 
4.1 23/0668/FUL – Bakers Shop with Drive Thru granted subject to conditions on 26th April
2024 
5. Development Plan 
5.1 The development plan comprises National Planning Framework 4 and the North
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Page 54

Lanarkshire Local Development Plan.  
6. Consultations 
6.1 NLC Protective Services reviewed the supporting statement together with the Noise Impact
Assessment and had no objections on the basis of noise.  They highlighted that the delivery
hours in the NIA were based on 5.30am modelling and not 4am as initially proposed. 
7. Representations 
7.1 Following standard neighbour notification and press advert procedures 7 letters of
representation were received objecting to the application.  The points raised can be fairly
summarised as follows: 
• Noise and disturbance from activity on the site early in the morning
• Proximity to residential properties
• No need for earlier opening
• Increase in litter and vermin
• Devalue neighbouring properties. 
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. 
8.2 As this application proposes solely to alter the wording of Condition 16 of the approved
planning permission 23/00668/FUL and given the scale of the development it is considered
that the North Lanarkshire Local Development Plan policies PP3 General Urban Areas and
EDQ1-EDQ3 Environmental Design Qualities are the most relevant policies to assess this
application against as they encapsulate the relevant policy intentions of NPF4.  The thrust of
policy PP3 is to maintain and improve the level of amenity in urban areas, by encouraging
development that is in keeping with their residential character. The use was considered to
comply but subject to a control over operational hours.  Policies EDQ 1 & 2 are of relevance
to this particular case.  EDQ1 advises that any proposed development will require to be
appraised in terms of the site and its surroundings to ensure it will integrate successfully into
the local area and avoid harm to neighbouring amenity. In particular, the impact of “Bad
Neighbour” Development on the site and surrounding Land Use Character should be
considered.  The original planning application (and this S42 application) were advertised in
the local press as a potential bad neighbour development on the basis that it would introduce
activity and associated noise between n the hours of 8pm and 8am.  The restriction in hours
imposed by condition 16 was in response to this.   
8.3 Policy EDQ3 advises that Development will only be permitted where high standards of site
planning and sustainable design are achieved. Planning Applications will need to
demonstrate that the proposed development takes account of the site appraisal. As part of
the required appraisals the need to mitigate noise is highlighted. Whilst the use itself was
considered to be appropriate for the site this was subject to a planning condition (condition
16) to control operational hours in the interests of residential amenity. 
8.4 The previous delegated report acknowledges that the 2.4m high timber fence required as
part of the noise mitigation measures identified in the Noise Impact Assessment would
adequately protect the surrounding residential properties from adverse noise impact and
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Page 55

would also prevent any adverse privacy issues. 
8.5 It was accepted that the commercial use of the site would introduce more activity and noise,
however, the technical reports concluded that the development was acceptable, and any
impact would not be such to merit the refusal of the application.  However, it was considered
that the given the proximity of the residential properties to the site it was considered
reasonable to restrict the opening hours by condition to 7am at the earliest to protect
residential amenity. 
8.6 The consideration of the proposal on residential amenity is not solely based on noise impact. 
Indeed, the acoustic mitigation measures proposed with the original application were
considered acceptable.  It is considered that the proposed delivery window and opening
hours would introduce a level of early morning activity that has not been present on site,
would be a daily occurrence which would be incongruous to the context of the site and the
immediate residential neighbours. 
8.7 It is acknowledged that the site was previously occupied by a School which would have
attracted its own level of activity distinct from the neighbouring residential properties;
however, this activity was limited to a handful of vehicular traffic and children’s voices in
outside areas during school hours.  It would not be unreasonable to assume that there was
limited activity on the site prior to 8am. 
8.8 It is noted that the applicant has stated that the vehicle trip generation numbers represent
the worst case scenario; however, should the hours be extended to opening earlier than 7am
then there is no way to restrict the level of visitors should the business prove very popular
and generate a higher number of visitors and the general activity that this would bring to the
site.   
8.9 Whilst it is noted that the applicant advises that the restriction in hours imposed by Condition
16 potentially makes the development unviable form their point of view this is not considered
to be sufficient justification to set aside our concerns that proposed operational hours would
have an adverse impact on the amenity of the residents immediately adjacent to the site. 
Members should note that the site is still owned by the Council and if the developers decide
to walk away from the site that a potential capital receipt may be lost.  Again, this is not of
relevance to the consideration at hand.   
8.10 Following standard neighbour notification and press advert procedures 7 letters of
representation were received.  The points objection can be fairly summarised and responded
to as follows: 
• We are concerned about the early morning deliveries 
• The disturbance from the workspace due to noise and light exposure
• 4am is very early
• My property is no more than 20m away from the proposed loading bay area and the
noise and  disturbance from the engines and unloading equipment of possibly
refrigerated vehicles and roller blinds and shutters at this early hour would have a
very negative impact on the sleep and wellbeing of the residents. 
• Noise Pollution from vehicle doors opening and closing, engines idling, music playing
within vehicles, telephone calls on hands-free taking place within vehicles waiting,
mechanical tail lift, refrigerated units and reversing beepers. 
• A residential area is an unsuitable location for a drive-through establishment
• The development is in a residential area replacing an old school building which
generated little to no noise when in operation.  The small numbers attending and
working within the school meant that less than a handful of cars were parked to the
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Page 56

front of the building on weekdays (term time) causing no disruption to nearby
residents. 
• The ordering point/intercom is within 20m of residential properties
• The BP petrol station opens at 6.30am
• The noise pollution at such an early hour would contravene the Environmental
Protection Act
• The amount of traffic it will attract will make the area noisier 
Response:  As discussed in the report above it is considered that the noise mitigation
measures identified in the Noise Impact Assessment were considered acceptable in the
previous application and are again so.  It is noted that residential amenity is not solely
assessed on the basis of noise and it is acknowledged that there are concerns about the
introduction of such early morning activity on the site. 
• Concern that the applicant would wish to extend operating hours further in the future
to 24hours. 
Response: This application can only assess the currently proposed hours.  Any further
alteration would be the subject of a separate application. 
• It will impact and reduce the value of my property 
Response:  This is not a material planning consideration. 
• Increase in litter and vermin 
Response:  It is not considered that the proposed hours of operation would result in
increased litter or vermin. 
• There is no need for the bakery to operate at these times 
Response:  The proposed hours are based on the applicant’s business operational
requirements. 
• Title deeds provide access through the site for neighbours 
Response:  This falls outwith the planning remit and is covered by separate legislation. 
• Exhaust fumes will cause air pollution. 
Response: The assessment over air pollution in the original application still stands in that it
is not considered to significantly impact on air quality and the proposed opening and delivery
times would not alter this conclusion. 
• Query over the structural integrity of the proposed acoustic fence mitigation measures 
Response: It is for the applicant to ensure that the acoustic fence is structurally sound and
fit for purpose. 
• Planning permission should be sought for residential development on the site. 
Response:  This application requires to assess solely the proposed hours of operation and
cannot consider other alternative uses for the site. 
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Page 57

8.10 On balance it is considered that delivery and opening hours earlier than 7am detailed in the
condition attached to planning permission 23/00668/FUL would introduce activity to the site
early in the morning, which was not present in previous uses, in close proximity to residential
dwellinghouses to the detriment of their residential amenity. The original application was
determined under delegated powers and the fact that we have had 7 letters of representation
in relation to the proposed change of hours (thus requiring a committee report) is considered
to support our assessment that a change of the consented hours would have an adverse
impact on residential amenity. 
9. Conclusions 
9.1 Taking into account the above discussion it is considered that the application should be
refused as the proposed alternative wording to condition 16 would be to the detriment of
residential amenity due to the introduction of very early morning activity on a daily basis which
is incongruous to the context of the site and immediate neighbours and therefore contrary to
the aims of policies PP3 Policy (General Urban), EDQ1 & 3 of the North Lanarkshire Local
Development Plan. Accordingly, on the basis that it is still considered to be necessary and
reasonable, condition 16 should remain as worded in planning permission 23/00668/FUL.  
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Page 58

Application No:  
24/00709/FUL
Proposed Development: 
Two detached houses 
Site Address: 
Land At Hawthorn Avenue
Crindledyke
Newmains
North Lanarkshire 
Date Registered: 
29th July 2024 
Applicant:
Mr Drew Dingwall
209 Bonkle Road
Newmains
North Lanarkshire
ML2 9AA 
Agent:
WB Properties Scotland Ltd.
Daldraco
3 Birniehill Road
Hareshaw
North Lanarkshire
ML1 5GX 
Application Level:
Local Application 
Contrary to Development Plan:
Yes
Ward:   
20 Murdostoun 
Robert John McKendrick, Cameron McManus,
Louise Roarty, Nicky Shevlin
Representations:
7 letter(s) of representation received.   
Recommendation: Refuse 
Reasoned Justification: 
The proposal would involve the construction of two large detached houses within the Green Belt
in circumstances which do not satisfy any of the policy requirements for housing in the Green
Belt and it is not considered that there are material considerations justifying a development of
this nature. Furthermore, the application site is within a SINC and wildlife corridor, and its
development along with the significant associated earthworks would be likely to have a
detrimental impact upon these natural heritage assets.  Accordingly, the proposal is contrary to
policies 3 (Biodiversity), 4 (Natural Places), 8 (Greenbelts) and 16 (Quality Homes) of National
Planning Policy Framework 4 and to North Lanarkshire Local Development Plan 2022 greenbelt
policies PP4, AD4 and protecting natural environment policy PROT A. 
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Page 59

Reproduced by permission of
the Ordnance Survey on
behalf of HMSO. © Crown
Copyright and database right
2009.  All rights reserved.
Ordnance Survey Licence
number 100023396.
Planning Application: 24/00709/FUL 
Name (of applicant): WB Properties
Scotland Ltd
Site Address: Land At Hawthorn Avenue,
Crindledyke, Newmains,
North Lanarkshire 
Development: Two detached houses 
Page 59 of 70

Page 60

Recommendation: Refuse for the Following Reasons:- 
1. The proposal would be contrary to National Planning Framework 4 policies 8 (Greenbelts) and 16
(Quality Homes) and to North Lanarkshire Local Development Plan greenbelt policies PP4 and AD4, as
it would result in unjustified housing development within the Green Belt. 
2. The proposal would be contrary to National Planning Framework 4 policies 3 (Biodiversity) and 4
(Natural Places), and to North Lanarkshire Local Development Plan protecting natural environment
policy PROT A in that it would give rise to detrimental impact upon a wildlife corridor and designated
Site of Importance for Nature Conservation. 
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Page 61

Background Papers: 
Consultation Responses: 
Coal Authority   response dated 6 August 2024 
Archaeology Service  response dated 7 March 2024 (previous application) 
Environmental Health  response dated 6 August 2024 
Traffic & Transportation  response dated 13 June 2024 (previous application) 
Contact Information: 
Any person wishing to inspect these documents should contact Keith Bathgate at
planningenquiry@northlan.gov.uk 
Report Date: 
30 August 2024
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Page 62

APPLICATION NO. 24/00709/FUL 
REPORT 
1. Site Description 
1.1 The application relates to an area of undeveloped land at the end of Hawthorn Avenue, on
the southern edge of Newmains.  It borders the back gardens of houses on Bonkle Road to
the north west, a small parking area and further undeveloped land to the south west (with
houses on Hawthorn Avenue and a playing field a short distance beyond), and the steep-
sided valley of the Auchter Water / Crindledyke Burn to the east.  The site is roughly square
in shape and extends to approximately 0.19ha.  It is overgrown in long grass and rosebay
willowherb with a few small trees and bushes.  The land falls from its northern corner
(adjacent to the parking area) down towards the watercourse to the east of the site. 
2. Proposed Development 
2.1 The application seeks full planning permission for two detached houses with associated
garages, access and land engineering works.  The two houses would be of the same type,
and would be three-bedroom bungalows.  Within the back gardens each house would have
a single garage building of almost double-garage proportions, the two garages being built
alongside each other as a semi-detached pair.  The houses would be accessed by a shared
private drive continuing from the car park at the end of Hawthorn Drive. One house would
face north-west towards the rear of houses on Bonkle Road, while the other would face south-
west along Hawthorn Avenue.  Due to the slope of the land some significant cut and fill would
be needed to create level ground for the buildings, with the western house involving
excavation of up to approximately 1m, and the eastern house requiring land raising and
underbuilding next to the valley, as well as two garden retaining walls of up to 2m.  Details of
precise materials and boundary treatments have not been specified at this stage. 
3. Applicant’s Supporting Information 
3.1 The application is supported by a planning statement, a drainage strategy, a preliminary
ecological assessment and a coal mining risk assessment.  Two letters of support from
members of the applicant’s family have also been submitted along with medical information
about two children. 
4. Site History 
4.1 An application for outline planning permission (02/01056/OUT) for residential development
of a substantially larger 1.5ha site along the western side of the Auchter Water burn, of which
the current application site forms a part, was called in by the Scottish Ministers and refused
in 2004 on the grounds that the site was within the Green Belt and a SINC. 
4.2 An application for two houses was submitted by the applicant in 2021 (reference
21/00545/FUL), this was withdrawn due to lack of information required for validation.  An
identical application (23/00815/FUL) was then submitted in 2023.  Both of these applications
were for a similar layout to the present application but featured larger two-storey house types. 
The second application was refused by the Planning Committee in June 2024 due to it being
contrary to Green Belt and natural environment policies. 
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4.3 The current application is very similar to the application which was refused earlier this year,
having the same site boundary and a near-identical layout.  However, there are several
differences: 
• The house types have changed from six-bedroom two-storey houses to three-bedroom
bungalows;
• The orientation of the house on Plot 2 (easternmost) has changed, so that it would face
south west rather than north west;
• The applicant has clarified that the houses are intended to be occupied by two
households which both include disabled children (rather than one as previously
understood);
• The applicant is willing to transfer an area of land to either the council or to a nominated
third party if permission is granted (which forms part of the adjacent recreation ground
but which is within the applicant’s ownership);
• It has been confirmed that the owner of the land is the applicant and that the housing
developer is merely acting as their agent (there having previously been confusion about
this due to the application forms being incorrect). 
5. Development Plan 
National Planning Framework 4
3 (Biodiversity)
4 (Natural places)
8 (Green belts)
14 (Design, quality and place)
16 (Quality homes) 
North Lanarkshire Local Development Plan 2022
PP4 (Green Belt – Purpose of Place)
AD4 (Green Belt – Amount of Development)
PROM LOC3 (Housing Development Sites)
PROT A (Natural Environment and Green Network Assets)
EDQ1 to EDQ3 (Environmental and Design Qualities) 
6. Consultations 
6.1 The Coal Authority has no objection to the application.  It is noted that the coal mining risk
assessment concludes that the stability of the site would not be affected by any historic mine
workings. 
6.2 NLC’s Environmental Health Service has no objection subject to a condition requiring that
comprehensive site investigation for potential contaminated land be submitted and approved
prior to development commencing. 
6.3 The council’s Archaeology service provider (commenting on the previous application) had no
objection to the application but noted that the site has potential to contain medieval remains
on national significance, and therefore recommended a condition requiring archaeological
investigations prior to any commencement of development. 
6.4 NLC’s Transportation Service had not yet responded at the time of writing, but when
commenting on the previous application with an identical road layout they had no objection
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subject to adequate pedestrian access and to car parking and turning for bin lorries within
the adjacent car park remaining unimpeded. 
7. Representations 
7.1 Seven representations have been received, all of which object to the application for reasons
which can be summarised as follows: 
• Loss of privacy due to new houses facing directly into the rear gardens and windows
of existing houses on Bonkle Road;
• Scale and massing of houses being out of character with surrounding houses, and
will dominate neighbouring bungalows and block outlook;
• Loss of sunlight and overshadowing of existing bungalows and gardens on Bonkle
Road;
• Adverse impact on wildlife and biodiversity.  The site is within an area inhabited by
nesting birds, deer and various small animals;
• Site is part of an area used for recreation and the development will obstruct a route
used for dog walking;
• Detrimental to character of Green Belt and contrary to Green Belt policies;
• Light from development will affect neighbours and wildlife;
• Noise and disruption during construction period;
• Contrary to Scottish Planning Policy and National Planning Policy Framework.
• Planning permission for housing on this site was previously refused by the Scottish
Ministers in 2004, and permission for two houses was refused by the council earlier
this year;
• This repeat application is a waste of taxpayers’ money;
• Access to the site is via Hawthorn Avenue which is a quiet cl-de-sac, so residents in
that street should have been neighbour notified and would potentially have objected;
and
• Using a different address for the site compared to the previous application is
suggested to be an effort to mislead objectors. 
8. Planning Assessment 
Development Plan Policy 
8.1 Under section 25 of the Town and Country Planning (Scotland) Act 1997, applications for
planning permission are required to be determined in accordance with the policies of the
development plan unless material considerations indicate otherwise.  The development plan
comprises National Planning Framework 4 (NPF4) and the North Lanarkshire Local
Development Plan 2022 (the LDP), with the former taking precedence in the event of any
conflict between policies. 
8.2 The application site is within the designated Green Belt.  NPF4 policy 8 seeks to promote
compact urban growth by restricting development within the Green Belt to specified types
and circumstances, which in the case of residential development are limited to houses
required for key workers in countryside businesses (e.g. farming and forestry), replacements
for existing dwellings and conversions of suitable existing buildings.  Policy 8 also requires
that development proposals must demonstrate that a Green Belt location is essential as the
development could not be accommodated on an alternative site, and that the proposal should
not undermine the purpose of the Green Belt.  LDP policies PP4 and AD4 are substantially
similar in effect in relation to housing development in the Green Belt.   The application
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proposal does not involve a type of residential development allowed by these policies, and
the applicant has not demonstrated a requirement for a Green Belt site.  Furthermore,
allowing incremental housing development on the edge of the settlement boundary would
undermine one of the purposes of the Green Belt, i.e. to protect the countryside around towns
from unplanned encroachment.  In this case, whilst the proposal would not significantly
extend the urban area or affect the landscape setting of the settlement, it would cause the
urban area to encroach into the valley of a watercourse which forms a natural boundary for
this part of the settlement.  Accordingly, the proposal is contrary to NPF4 policy 8 and to LDP
policies PP4 and AD4. 
8.3 National policy on new housing development is contained in NPF4 policy 16, which sets out
the means by which LDPs should establish a deliverable housing land pipeline to meet local
housing needs.  Proposals for new homes on land which is not allocated for housing in the
LDP will only be supported in limited circumstances, such as where the proposal is within an
existing settlement boundary or is consistent with the policy on rural homes, neither of which
is the case for this proposal.  The policy does also support new homes which address
identified gaps in provision, including self-provided and wheelchair accessible homes,
however it is implicit that support for these types of homes within the Green Belt depends
upon a demonstrated need and a lack of alternative locations, and as discussed below it is
not considered that the circumstances of this application provide such a justification. As the
application site is Green Belt land outwith the settlement boundary the relevant LDP housing
policy PROM LOC3 indicates that housing development will only be supported where this
complies with policies PP4 and AD4, which (as explained above) this proposal does not.  The
proposal is therefore contrary to both NPF4 policy 16 and also to LDP policy PROM LOC3
(although the latter policy has in practice been superseded by NPF4 policy 16 for reasons
which do not relate directly to this proposal). 
8.4 The application site lies within a larger area along the valley of the watercourse which is
designated as a Site of Interest for Nature Conservation (SINC).  The SINC designation lists
this area as being of interest due to its running water and grassland habitats.  NPF4 policy 3
seeks to protect biodiversity, reverse biodiversity loss, deliver positive effects from
development and strengthen nature networks.  Development proposals should avoid
potential adverse impacts and should contribute to the enhancement of biodiversity including
strengthening nature networks and the connections between them.  Local development
proposals should include appropriate measures to conserve, restore and enhance
biodiversity.  NPF4 policy 4 seeks to protect and enhance natural assets, and includes a
requirement that development proposals which affect local nature conservation sites will only
be supported where it does not have significant adverse effects on the integrity of the area
or any significant adverse effects are clearly outweighed by social, environmental or
economic benefits.  LDP policy PROT A3 indicates that planning permission will only be
granted for development affecting locally designated nature sites (such as SINCs) or urban
green network sites (such as urban wildlife corridors) if it can be demonstrated that there will
be no adverse impact or that such impacts can be mitigated against.   The applicant has
provided a Preliminary Ecological Assessment which concludes that the impact on the SINC
would be limited (discussed below), however it is considered that the proposal would
encroach into a grassland area forming part of the already narrow valley of a watercourse
and risks eroding its connectivity with the South Calder Water SINC to the north.  Accordingly,
it is considered that the proposal is contrary to NPF4 policies 3 and 4, and to LDP policy
PROT A. 
8.5 NPF4 policy 14 supports well designed development which makes successful places. 
Development proposals are to be designed to improve the quality of their area, and should
deliver the six qualities of successful places (i.e. healthy, pleasant, connected, distinctive,
sustainable and adaptable).  Proposals which are poorly designed or detrimental to the
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amenity of the surrounding area will not be supported.  LDP policies EDQ1 and EDQ3
collectively have similar requirements, specifying that development proposals be subject to
an appropriate site appraisal and achieve a high quality of development.  The proposed
houses would be of a style and layout which is in keeping with the existing mixture of building
types in the vicinity, and the impact on existing neighbouring houses would be acceptable. 
Overall, it is not considered that there would be any conflict with NPF4 policy 14 or with the
LDP EDQ policies. 
Applicant’s Circumstances 
8.6 Supporting information submitted with the application indicates that the two houses would be
occupied by the families of the applicant’s two adult daughters, each of whom has a child
with a medical condition.  One of the families includes a child who has a neurological
condition and uses a wheelchair, and they are currently living in an upper storey flat which is
unsuitable for their needs because it is not accessible by wheelchair, lacks a disability-friendly
bathroom, and is too small.  The other family has a child who displays traits of
neurodevelopmental disorders and is currently on the waiting list for assessment. Their
current home is not conveniently accessible by public transport for the child’s grandparents
(i.e. the applicants) which complicates childcare.  The applicant therefore wishes to provide
more satisfactory and conveniently located homes for both daughters’ families at a location
where immediate 24-hour support would be available from the extended family.  To this end
they have attempted to purchase two proximate houses (one for each of their daughters’
families) but have not been able to secure suitable properties.  Therefore, it is proposed to
build two large family homes on the application site, so that the two families can live
immediately adjacent to each other (and close to the applicant), thereby ensuring that
additional support and respite care is always available.  This would also provide increased
financial security to enable them to make provision for the children’s futures. 
8.7 The applicant’s planning statement argues that the proposal is consistent with NPF4 policy
16 because there is a lack of properties suitable for disabled children and “the council and
other landlords are not building any”.  The council is in fact building accessible properties,
but it is acknowledged that private housebuilders tend not to provide accessible bungalows. 
No information has been provided to suggest that the families concerned have sought
accessible social housing, and the information which has been provided suggests that only
one of the two families requires a fully wheelchair accessible home.  The applicant’s reasons
for wanting to develop this particular site therefore seem to have as much or more to do with
proximity and the fact that the land is already in family ownership as they do to accessibility. 
8.8 The applicant’s submissions are noted and there must obviously be a great deal of sympathy
towards the family’s wish to provide better accommodation and care for their disabled
members, however the circumstances described are not considered to justify a proposal
which is contrary to development plan policy. It has not been demonstrated that no other
disabled-friendly housing is available.  Whilst it is recognised that it would be convenient for
the extended family to live immediately adjacent to one another, it is not considered that this
provides a justification for building houses in the Green Belt. 
8.9 The personal circumstances described therefore do not demonstrate that there is no
alternative to building houses on a site which is within both the Green Belt and a SINC, and
it is not considered that these circumstances would justify allowing the development of
housing on a site which is contrary to development plan policies as described above. 
Ecology 
8.10 A Preliminary Ecological Impact Assessment has been provided, but it was undertaken
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during 2021.  Due to the age of that document fresh survey work would require to be
undertaken before any development could take place, though there has been no obvious
change to the site during this period.  The 2021 survey found no evidence of protected flora
or fauna on the site, and although there was evidence of protected otters in the nearby
Auchter Burn the site itself did not provide suitable otter habitat.  The site did contain
potentially suitable habitat for various species of birds, badgers, small mammals and
invertebrates, but the Assessment concluded that the habitats provided are not rare and as
the site is relatively small the impact of its loss would not be significant.  In terms of impact
on the designated SINC, the Assessment concluded that as the site is adjacent to the built-
up area and on higher ground than the riparian corridor which is the core of the SINC, its
development would not result in fragmentation of the SINC.  Whilst all of that is noted, the
SINC designation covers not only the watercourse but also areas of natural space along its
banks which act as a green buffer and contribute to the value of the watercourse as a wildlife
corridor.  The SINC is already constrained in its width just to the north of the site, where the
burn passes under Bonkle Road, and it is considered that removing this area of land would
further constrain the width of the wildlife corridor.  Whilst the site is on higher ground than the
watercourse, the proposal involves significant earthworks including underbuilding and
retaining structures within the valley of the watercourse.  Overall, it is considered that the
proposal would inevitably have a detrimental impact upon wildlife habitats forming part of a
designated SINC, and as such the proposal is contrary to the policies outlined above. 
Design and Amenity 
8.11 The proposed houses would be positioned behind existing bungalows on Bonkle Road, but
they would not be readily visible from that street.  Rather, the houses would effectively
become an eastward extension of Hawthorn Avenue, with its existing two-storey terraced
houses.  There is a mixture of house types and sizes in the surrounding area and the design
and layout of the proposal is not considered to conflict with the amenity or character of the
adjoining residential area.  Objectors have expressed concern about overlooking of the back
gardens of houses on Bonkle Road, but the nearer of the new houses would be at least 15m
back from the rear boundaries of the existing houses, and around 30m from the rear elevation
of the nearest house.  These separation distances are well within the Council’s acceptable
minimums for new housing development, and when compared to most modern urban housing
the gardens would be sizeable and the buildings well-separated.  The orientation of the
proposed house on plot 2 (closest to neighbouring houses) has also been changed since the
previous application so that it would face south-west, with only a kitchen window in the side
gable facing towards Bonkle Road. It is acknowledged that existing neighbours whose
properties currently back onto open space would inevitably experience a loss of outlook from
their rear windows and a greater degree of overlooking of their garden if the adjacent land is
developed for housing, but overall the proposal provides adequate privacy and there would
be no impact upon sunlight or daylight.  Some of the objections refer to the size of the
proposed houses being excessive and to them being over-dominant or overshadowing the
bungalows on Bonkle Road, but the current proposal is for two bungalows which would be
similar or smaller to the size of the existing houses (and it is possible that those comments
were aimed at the house types from the previous application).  Other than a small amount of
additional traffic in the street there would be no significant impact upon the existing houses
in Hawthorn Avenue.  Overall, the impact of the proposed development upon the amenity of
neighbours would be considered to be acceptable. 
Technical Consultations 
8.12 The proposed drainage arrangements (a mains sewer connection for foul sewage and SUDS
for surface water) are appropriate, and the Coal Authority is content with the conclusion of
the coal mining risk assessment that there are no shallow mineworkings under the site.  The
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Environmental Health Service has indicated that a site investigation for potential
contaminated land would be required, however that would normally be a matter capable of
being addressed by a condition.  The Transportation Service had not yet responded at the
time of writing this report, however they had no objection to the previous application which
had an identical road layout.  Overall, the technical aspects of the proposal appear to be
acceptable. 
Proposed Gift of Land 
8.13 The applicant has offered to gift approximately 0.31ha of land to the council (or a nominated
trust or other organisation) if planning permission is granted.  The land in question is part of
the recreation ground adjacent to the site. The majority of the recreation ground is owned by
the council, but apparently a wedge of it is owned by the applicant.  There is no differentiation
between the applicant’s land and the council land on the ground, and in principle the
consolidation of ownership would seem desirable, however the suggested gift of land does
not directly relate to any impact arising from the proposed development and therefore it is
not a material planning consideration and it would not be appropriate to take it into account
in determining the application.  Furthermore, when the applicant first suggested this (in the
context of the 2021 application which was ultimately deemed withdrawn), consultation with
Property Services highlighted the fact that the council could not accept a gift of land without
assurances as to its condition (e.g. detailed site investigations and coal mining risk
assessments) in case the land proved to be a liability rather than an asset.  Such documents
are not currently available. 
Other Supporting Information 
8.14 In addition to matters addressed above, the applicant’s planning statement argues that the
principle of development in the Green Belt at this location has already been established by a
recent planning permission to change the use of a small area of open space lying between
the adjacent car park and the back gardens of houses on Bonkle Road to garden ground. 
However the circumstances of that application were entirely different to the current proposal,
as it involved a small area of ground which formed a salient in the Green Belt boundary, and
its inclusion into neighbouring gardens simply straightened the settlement edge.   
8.15 The planning statement also argues that the application site is vacant brownfield land which
was previously used as a yard, and that its development is therefore supported by policies
including NPF4 policy 9 (brownfield, vacant and derelict land and empty buildings).  This
claim seems to be based upon a circa 1950 aerial photograph which shows a small area of
differently coloured ground occupying around a quarter of the application site, but the image
is not clear enough to show what if anything the area was being used for, and there is no
evidence that it was a yard or any other commercial use.  The site is not shown as developed
in any pre- or post- World War II Ordnance Survey maps, so even if there was some
ephemeral use of the land it has long since ceased and the site has returned to nature.  The
site is therefore not regarded as being “brownfield” and its development does not draw any
support from NPF4 policy 9. 
Representations 
8.16 Issues raised by objectors which have already been addressed earlier in this report included: 
• the design of the proposed houses
• impact on the amenity of neighbours
• the impact on wildlife and 
• non-compliance with Green Belt policies,
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The other matters raised by objectors were as follows: 
• Development will obstruct a route used for dog walking
Response:  Several informal paths are present in the grass on the west side of the Auchter
Burn, and the development of the site would affect some of these.  However, the paths do
not appear to have any formal status and it is not considered that their loss would
significantly affect the availability of recreational or dog-walking routes in the area.
• Planning permission for housing on this site was previously refused by the Scottish
Ministers and the council, and this application is a waste of taxpayers’ money;
Response:  The 2002 refusal of outline planning permission has been noted above, but
since that time there have been numerous changes in planning policy and the recent
proposals are for a significantly smaller development.  The current proposal is very similar
to the application which was refused earlier this year, but the applicant has changed the
house types and has submitted additional supporting information.  Under the
circumstances the council has no power to decline to entertain the new application, so it
requires to be considered afresh.
• Noise and disruption during construction period;
Response: Some disruption is inevitable during development, but that is not a sufficient
reason to prevent development from taking place.
• Concerns about the site address being misleading and neighbour notification being
insufficiently wide:
Response: The application is the same site as the previous application but has been
given a different address because the new address is considered to better describe the
site.  All of the same neighbours were notified and received a map showing the location
of the site so there should not have been any confusion.  Neighbour notification is carried
out in accordance with the statutory requirements which only cover properties that
immediately border the site. 
9. Conclusions 
9.1 The proposal would involve the construction of two detached houses within the Green Belt
in circumstances which do not satisfy any of the policy requirements for housing in the Green
Belt and it is not considered that there are material considerations justifying a development
of this nature. Furthermore, the application site is within a SINC and wildlife corridor, and its
development along with the significant associated earthworks would be likely to have a
detrimental impact upon these natural heritage assets.  Accordingly the proposal is contrary
to policies 3 (Biodiversity), 4 (Natural Places), 8 (Greenbelts) and 16 (Quality Homes) of
National Planning Policy Framework 4, and to North Lanarkshire Local Development Plan
2022 greenbelt policies PP4, AD4 and protecting natural environment policy PROT A. 
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