Agenda pack
North Lanarkshire Council · 8 December 2022
Back to Planning Committee — 8 December 2022 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Our Ref: Your Ref: Contact: Tel: Fax: E-Mail: Date: Mark Hamill 07811294702 hamillm@northlan.gov.uk 29 Nov 2022 Members of the Planning Committee Chief Executive’s Office Archie Aitken Head of Legal & Democratic Solutions Civic Centre, Windmillhill Street Motherwell ML1 1AB DX 571701, Motherwell 2 www.northlanarkshire.gov.uk Notice is given that a Meeting of the PLANNING COMMITTEE is to be held within the Council Chamber, Civic Centre, Motherwell on Thursday, 8 December 2022 at 10:00 am which you are requested to attend. The agenda of business is attached. Head of Legal and Democratic Solutions Members : Councillors: B Baudo, G Brennan, B Burgess, A Bustard, J Cairns, A Campbell, M Coyle, S Coyle, G Currie, K Docherty, L Jarvie, T Johnston, G Lennon, J Logue, H Loughran, F MacGregor, P McDade, C McManus, F McNally, M McPake, D Robb, N Shevlin, A Smith, L Stubbs and G Woods. Page 1 of 42
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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 (page 5 - 30) Submit Planning Applications Index (copy herewith) (3) Notice of Planning and Enforcement Appeals Decisions (page 31 - 32) Submit report by the Head of Planning and Regeneration advising of two planning and enforcement appeals decisions (copy herewith) (4) Introduction of Discretionary Planning Charges - Update (page 33 - 38) Submit report by the Head of Planning and Regeneration setting out the range and scale of Planning fees and details of where Value Added Tax is applicable. (copy herewith) (5) Designation of Palacerigg Visitor Centre as Listed Building (page 39 - 42) Submit report by the Head of Planning and Regeneration advising that Historic Environment Scotland has decided to designate the Palacerigg Visitor Centre with mural by Alasdair Gray, Palacerigg Country Park, Cumbernauld as a Category B Listed building. (copy herewith) Page 3 of 42
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North Lanarkshire Council Planning Applications for consideration of Planning Committee Committee Date: 08-12-2022 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved AGENDA ITEM 2 Page 5 of 42
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APPLICATIONS FOR PLANNING COMMITTEE 8th December 2022 Page No Application No Applicant Development/Site Recommendation 7-14 15-21 22/00517/FUL 22/01046/FUL Mr John Crainie Mr Gerard Currie Erection of a Single Storey Dwellinghouse and Garage Land East Of 11 Coach Close Kilsyth G65 0QB Erection of a 1.5 Storey Dwellinghouse and Garage Land Adjacent To 15 Coach Close Kilsyth G65 0QB Grant Grant 22-30 22/00674/FUL Mr Duncan Cairney New Dwelling Land At West Avenue Stepps Grant Page 6 of 42
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Application No: 22/00517/FUL Proposed Development: Erection of a Single Storey Dwellinghouse and Garage Site Address: Land East Of 11 Coach Close Kilsyth G65 0QB Date Registered: 21st July 2022 Applicant: Mr John Crainie 25 Binniehill Road Cumbernauld G68 9DT Agent: Adam Sarapata Idpartnership 97 South Woodside Road Glasgow G20 6NT Application Level: Local Application Contrary to Development Plan: Yes Ward: 01 Kilsyth Jean Jones, Heather Brannan-McVey, Denis Johnston, Representations: 1 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: Although the site lies within the Green Belt, it is considered that the development of the plot is acceptable in this case as it will round off the boundary of the built up area and rationalise the Green Belt boundary. Page 7 of 42
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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: 22/00517/FUL Name (of applicant): Mr John Crainie Site Address: Land East Of 11 Coach Close Kilsyth G65 0QB Development: Erection of a Single Storey Dwellinghouse and Garage Page 8 of 42
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Proposed Conditions: 1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing referenced: Location Plan 000, Site Plan as Existing 001, Site Plan as Proposed 002, Proposed Floorplan 003, Proposed Elevations 004, Proposed Roof Plan 005, Proposed Loft Plan 006, Street Section as Proposed L 007 & Proposed Garage L008. Reason: To clarify the drawings on which this permission is given. 2. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Reason: In the interest of the amenity of the site and the general area. 3. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition Reason: In the interest of the amenity of the site and the general area. 4. That BEFORE to any works start on site, the applicant must confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). The preferred method for the disposal of septic tank effluent is the provision of a sub soil soakaway system. The septic tank and soakaway must be designed and constructed in accordance with the requirements set out in The Scottish Building Standards : Technical Handbook : Domestic issued in May 2009. In terms of the Water Environment (Controlled Activities) (Scotland) Regulations (CAR) 2005, the discharge of treated sewage effluent will require registration with SEPA. Further details on this matter can be found at www.sepa.org.uk. Surface water should be excluded from the foul drainage treatment system. In order to reduce the risk of contamination of controlled waters, any soakaway should be located at least 50 metres from any private water supply or other groundwater resource and at least 10 metres from any watercourse or permeable drain. (Note : If poor soil porosity or risk to groundwater resources preclude the use of a soakaway, alternative arrangements will have to be agreed with SEPA. Further advice on the disposal of sewage where no mains drainage is available, is contained within Pollution Prevention Guidance Note 4 which is available on the SEPA website www.sepa.org.uk/guidance or from any SEPA office). Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection. 5. That no development shall commence on site until; a) a scheme of intrusive site investigations has been carried out on site to establish the risks posed to the development by past coal mining activity, and b) any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed. The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance. Page 9 of 42
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Reason: To ensure that matters relating to coal mining risk are adequately addressed. 6. Prior to the commencement of construction works on site, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.Works will only commence on site when this condition has been discharged Reason: To ensure that matters relating to coal mining risk are adequately addressed. 7. That unless otherwise agreed in writing with the Planning Authority, the access to the dwelling hereby permitted shall be completed in accordance with the approved drawings and shall comply with the following: a) The driveway extended 1m past the parking spaces for manoeuvring purposes to ensure access and egress from the site can be carried out in a forward gear. b) Gates, if required, must be set back a minimum of 1 car length from the back of pavement and must open inwards towards the site. c) The driveway should be paved for the first minimum 2m behind the footway, but preferably in its entirety, to prevent deleterious material being deposited onto the public road. d) Driveway should have maximum gradient of 5% for the first 5m behind the footway. e) If the driveway slopes towards the road, suitable drainage facilities should be provided as necessary to prevent surface water being discharged onto the public road. Reason: To ensure road and pedestrian safety. 8. That before the dwelling is occupied the access shall be formed in accordance with the details approved under condition 7 above. Reason: To ensure road and pedestrian safety. Background Papers: Consultation Responses: Traffic & Transportation Environmental Health (including Pollution Control) NLC Greenspace The Coal Authority Contact Information: Any person wishing to inspect these documents should contact Aisling Divin at 01236 632500 Report Date: 22nd November 2022 Page 10 of 42
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APPLICATION NO. 22/00517/FUL REPORT 1. Site Description 1.1 The application site is vacant land in between Nos 11 and 15 Coach Close, Kilsyth. The application site for this proposal is approximately 1,177sq.m. The site is located within the Green Belt; however, it is acknowledged that the wider area is an established residential area. The site is bounded by residential properties to the East and West, Green Open Space to the North with the road of Coach Close to the South. 2. Proposed Development 2.1 The proposal is for a single storey dwellinghouse, which consists of three bedrooms. The layout of the dwelling house is L-shaped and measures 23.48m wide and 5.54m in height. The dwellinghouse will incorporate a dual pitched roof design. The proposal will have solar panels installed to the South- Eastern side of the roof. 2.2 The proposal includes the erection of a detached garage which will be located to the front of the proposed dwelling. The double garage measures 6.188 m by 5.738m. In addition, sufficient parking will be provided on the drive and 2 designated parking spaces within the garage. 3. Applicant’s Supporting Information 3.1 The agent has provided a Design Statement, Coal Mining Risk Assessment and an Ecology Appraisal. 4. Site History • 01/01313/FUL Construction of Dwellinghouse – Planning permission granted 12th December 2001 • 16/01925/PPP Erection of Dwellinghouse (Permission in Principle) – Planning permission granted 22nd March 2017. 5. Development Plan 5.1 In the adopted North Lanarkshire Local Plan 2022, the application site is located within the Green Belt and is covered by Purpose of Place Policy PP4, Amount of Development Policy AD4 and Environmental & Design Qualities Polices EDQ1, EDQ2 and EDQ 3. 6. Consultations 6.1 A summary of comments from the consultees is as follows: • Traffic & Transportation Traffic & Transportation have recommended the proposal to be deferred or refusal due to visibility splays for the plot access not being met, however, it would be unreasonable to refuse the application on this basis that other properties on Coach Close do not currently achieve or maintain this visibility splay. In addition, it is considered that sufficient visibility exists to allow safe access and egress from the site. They have also stated that they have concerns with the junction of Coach Place and Coach Road given the speed limit of this road is 60mph. Again, whilst we have noted their comments this is an established road junction in an established housing area, it is considered that traffic travelling along this road will likely be slower than 60mph. It is also worth noting that this site has already been approved for a housing plot in principle back in 2016 (planning application reference 16/01925/PPP). If this application were granted, we have attached conditions relating access to proposed driveway, parking, the gradient of the driveway and materials of the driveway. • Protective Services have no objection to the proposal and refers to best practice relating to Page 11 of 42
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noise from construction, construction hours, dust control, construction waste and light pollution. These can be added as informatives. • Greenspace have noted that the site is designated as Green belt and it lies approximately 50m to the south of North Barwood a Site of Importance for Nature Conservation (SINC). Given that the site is part of open greenspace, with tall ruderal grassland, scrub and trees, they asked for a Preliminary Ecological Appraisal to be carried out by a suitably qualified ecologist before a decision is made as it likely that protected species could access this site. The agent provided an Ecology Report and Greenspace reviewed and they accepted the findings. They also stated that any infrastructure for this development such as pipes or cabling should not impact on the adjacent North Barwood SINC. Greenspace note the existence of informal paths through the site and whilst this access will be lost have no objection. • The Coal Authority has no objection to the proposed development and have recommended certain conditions if the application were granted. 7. Representations 7.1 Following the standard neighbour notification process and local press advert, one letter of representation was received. The objection raised can be fairly summarised as follows: • The south side of our house (11 Coach Close) is suffering from subsidence. The proposed position of the garage appears to be approximately 2 meters from our house's wall. We object to it being built in this position due to the risk of it making the subsidence worse. In addition, the construction phase could also make the subsidence worse due to foundations being dug, vibrations from machinery etc. • the garage wall would fill the outlook from the window, and it would completely remove the view we currently have. It would also have a negative impact on the view from our top floor window. • The diagrams in the planning application do not show the path that runs through the land in question. It is shown on Scotland's Land Information Service at https://scotlis.ros.gov.uk/map-search/G650QB. We object to the house and garage being built over this path. • There is a buried fibre cable under the land in question that delivers the internet to the north side of Coach Close. Any work on the land needs to take this into account. 8. Planning Assessment 8.1 Development Plan: North Lanarkshire Local Development Plan 2022: Although the application site is located at Coach Close, Kilsyth, the land is zoned as Green Belt and covered by Policy PP4 (Green Belt) which aims to protect the Green Belt through a presumption against development other than that associated with appropriate rural uses such as those necessary for agriculture, forestry or horticulture, facilities for outdoor recreation, tourism, telecommunications or other appropriate rural uses etc. The current proposal for a single dwelling in the Green Belt does not satisfy any of the very specific criteria of Policy PP4 and consequently may reasonably be deemed as inappropriate development in Green Belt. It is noted that the wider area is an established residential area and is covered by Policy PP 3 (General Urban Area) seeks to maintain and improve the level of amenity in urban areas, by encouraging development that is in keeping with their residential character and encouraging diversity in more mixed-use areas. It is considered that the proposed dwellinghouse will utilise a vacant parcel of land located between existing dwelling plots and given the wider area is a built-up residential area this proposal is justified within this Green Belt area by providing a strong boundary all of which complies with the principal policy in the Local Plan. It is also noted that a permission in principle has previously been granted by committee for residential development on the site. 8.2 Policy EDQ2 is not relevant in this case. Policies EDQ1 and EDQ3 seek to create high quality developments and environments and as part of this it is expected that development should integrate successfully into its natural landscape setting (EDQ1) and should achieve high standards of site planning and sustainable design (EDQ3). The dwellings in the area are varied in height and taking Page 12 of 42
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account of the site levels in relation to adjacent properties, it is considered that the proposed dwelling would be in keeping with the scale and massing of adjacent dwellings. With regards to the impact on privacy and amenity of adjacent dwellings, it is considered that there would be no issues with regards to loss of privacy. The distance between some windows of the proposed dwelling and the neighbouring plot’s windows (planning reference 22/01046/FUL) is less than 18m, which is less than the Council’s privacy standard distance. This is considered acceptable, given there will be sufficient screening between the boundaries of these two plots to eliminate any privacy concerns. 8.3 The Council’s Open Space Guidance states that a front curtilage should have a depth of at least 6m and the rear garden depths should be 10m. It is acknowledged that the proposed plot does not meet these guidelines due to the orientation of the proposal. The proposal is considered to have adequate garden space, given the dwellinghouse will only take up approximately 295sqm and there will be a remainder of approximately 570sqm of the land being used as garden ground. Please note, these calculations have been taken from the land of rear elevation of the detached garage to the end of the application site (excluding the hammerhead part of the road). Whilst the plot will not have a traditional garden set up, the open space around the dwellinghouse is considered significant amenity space. 8.4 The proposal will accommodate four off street parking spaces which is considered acceptable in this instance. 8.5 Consultations: In terms of the consultations received, Protective Services and the Coal Authority comments have been addressed either via condition or informative. Greenspace reviewed the Ecology Report provided and stated they agreed with the findings on this report, an informative will be attached to this permission stating that any infrastructure for this development such as pipes or cabling should not impact on the adjacent North Barwood SINC. The Coal Authority have no objection to this proposal subject to the conditions they have recommended, which have been attached as conditions. With regards to Traffic and Transportation’s comments given the previous planning permission in principle and the fact that the site access reflects the others in the street it is considered to eb acceptable in planning terms. Whilst concerns are noted in relation to visibility at the junction with Coach Road this is a well-established road access and the intensification of use associated with an additional two properties (including application 22/01046/FUL) using this junction is not considered to be sufficient reason to refuse planning permission. 8.6 Representations: The matters raised in the letter of representation area addressed in turn below The south side of our house (11 Coach Close) is suffering from subsidence. The proposed position of the garage appears to be approximately 2 meters from our house's wall. We object to it being built in this position due to the risk of it making the subsidence worse. In addition, the construction phase could also make the subsidence worse due to foundations being dug, vibrations from machinery etc. Response: A condition has been attached to this permission, if granted to require intrusive site investigations to address ground stability matters arising from historic coal mining in the area. With regards to construction works on the site itself the developer will need to ensure their activities do not impact on land/properties beyond the site, this is considered a civil matter and if needed legal advice should be taken to resolve. The garage wall would fill the outlook from the window, and it would completely remove the view we currently have. It would also have a negative impact on the view from our top floor window. Response: A view is not considered a planning material consideration; however, we did ask the neighbour what window this will impact, and they confirmed that window is used jointly as a craft room and utility room which is considered a non-habitable room therefore the positioning of the proposing garage is considered not to have a detrimental impact in terms of sunlight and daylight entering habitable rooms of the neighbouring dwelling. The diagrams in the planning application do not show the path that runs through the land in question. It is shown on Scotland's Land Information Service at Page 13 of 42
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https://scotlis.ros.gov.uk/map-search/G650QB. We object to the house and garage being built over this path. Response: As stated above, our Greenspace have consulted during the assessment of this planning application and this path is not considered a formal pathway. There is a buried fibre cable under the land in question that delivers the internet to the north side of Coach Close. Any work on the land needs to take this into account. Response: This is not considered a planning consideration, however, if this application is granted and the construction process begins this will need to be considered during this stage of the development. 9. Conclusions 9.1 It is considered that the site of the proposed dwelling (along with that the subject of planning application 22/01046/FUL also being reported to this committee) has previously been granted planning permission in principle and will close off a gap site within the built-up area and rationalise the Green Belt by providing a strong boundary which accords with the adopted North Lanarkshire Local Development Plan in that the proposal is in keeping with wider established residential area. Taking the above into consideration and notwithstanding the objection received, it is recommended that planning permission be approved. Page 14 of 42
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Application No: 22/01046/FUL Proposed Development: Erection of a 1.5 Storey Dwellinghouse and Garage Site Address: Land Adjacent To 15 Coach Close Kilsyth G65 0QB Date Registered: 9th September 2022 Applicant: Mr Gerard Currie 4 Keir Hardie Drive Kilsyth G65 0LQ Agent: Victoria McMahon CD Architects 40 Rochsolloch Road Airdrie ML6 9BG Application Level: Local Application Contrary to Development Plan: Yes Ward: 01 Kilsyth Jean Jones, Heather Brannan-McVey, Denis Johnston, Representations: 0 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: Although the site lies within the Green Belt, it is considered that the development of the plot is acceptable in this case as it will round off the boundary of the built up area and rationalise the Green Belt boundary. Page 15 of 42
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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: 22/01046/FUL Name (of applicant): Mr Gerard Currie Site Address: Land Adjacent To 15 Coach Close Kilsyth G65 0QB Development: Erection of a 1.5 Storey Dwellinghouse and Garage Page 16 of 42
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Proposed Conditions: 1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing referenced: 22-042_PL01, 22-042_PL03, 22-042_PL04, 22-042_PL05, 22-042_PL07, 22-042_PL08, 22-042_PL01 REV B & 22-042_PL06 REV A. Reason: To clarify the drawings on which this permission is given. 2. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Reason: In the interest of the amenity of the site and the general area. 3. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition Reason: In the interest of the amenity of the site and the general area. 4. That BEFORE to any works start on site, the applicant must confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). The preferred method for the disposal of septic tank effluent is the provision of a sub soil soakaway system. The septic tank and soakaway must be designed and constructed in accordance with the requirements set out in The Scottish Building Standards : Technical Handbook : Domestic issued in May 2009. In terms of the Water Environment (Controlled Activities) (Scotland) Regulations (CAR) 2005, the discharge of treated sewage effluent will require registration with SEPA. Further details on this matter can be found at www.sepa.org.uk. Surface water should be excluded from the foul drainage treatment system. In order to reduce the risk of contamination of controlled waters, any soakaway should be located at least 50 metres from any private water supply or other groundwater resource and at least 10 metres from any watercourse or permeable drain. (Note : If poor soil porosity or risk to groundwater resources preclude the use of a soakaway, alternative arrangements will have to be agreed with SEPA. Further advice on the disposal of sewage where no mains drainage is available, is contained within Pollution Prevention Guidance Note 4 which is available on the SEPA website www.sepa.org.uk/guidance or from any SEPA office). Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection. 5. That unless otherwise agreed in writing with the Planning Authority, the access to the dwelling hereby permitted shall be completed in accordance with the approved drawings and shall comply with the following: a) If required, the lamppost shown on plan referenced 22-042_PL01 RevB shall be relocated at the applicant’s expense to a position to be agreed with NLC Traffic and Transportation. b) Gates, if required, must be set back a minimum of 1 car length from the back of pavement and must open inwards towards the site. c) The driveway should be paved for the first minimum 2m behind the footway, but preferably in its entirety, to prevent deleterious material being deposited onto the public road. d) Driveway should have maximum gradient of 5% for the first 5m behind the footway. e) If the driveway slopes towards the road, suitable drainage facilities should be provided as necessary to prevent surface water being discharged onto the public road. Page 17 of 42
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Reason: To ensure road and pedestrian safety. 6. That before the dwelling is occupied the access shall be formed in accordance with the details approved under condition 5 above. Reason: To ensure road and pedestrian safety. Background Papers: Consultation Responses: The Coal Authority NLC Greenspace Traffic & Transportation Environmental Health (including Pollution Control) Contact Information: Any person wishing to inspect these documents should contact Aisling Divin at 01236 632500 Report Date: 28 Nov 2022 Page 18 of 42
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APPLICATION NO. 22/01046/FUL REPORT 1. Site Description 1.1 The application site is within vacant land in between Nos 11 and 15 Coach Close, Kilsyth. The application site for this proposal is approximately 840sq.m. The site is located within the Green Belt Area; however, it is acknowledged that the wider area is an established residential area. The site is bounded by residential properties to the East and West, Green Open Space to the North with the road of Coach Close to the South. 2. Proposed Development 2.1 The proposal is for a single storey dwellinghouse, which consists of three bedrooms. The layout of the dwelling house is L-shaped and measures 22m wide and 7.03m in height. The dwellinghouse will incorporate a dual pitched roof design. The proposal will have solar panels installed to the South- Eastern side of the roof. 2.2 The proposal includes the erection of a detached garage which will be located to the front of the proposed dwelling. The garage measures 5.86m by 4.7m. In addition, sufficient parking will be provided on the drive and at least one designated parking space within the garage. 3. Applicant’s Supporting Information 3.1 The agent has provided a Coal Mining Risk Assessment and an Ecology Appraisal. 4. Site History • 12/00948/FUL Construction of Detached Dwelling House – Planning permission granted 14th January 2013. • 16/01925/PPP Erection of Dwellinghouse (Permission in Principle) – Planning permission granted 22nd March 2017. 5. Development Plan 5.1 In the adopted North Lanarkshire Local Development Plan 2022, the application site is located within the Green Belt and is covered by Purpose of Place Policy PP4, Amount of Development Policy AD4 and Environmental & Design Qualities Polices EDQ1, EDQ2 and EDQ 3. 6. Consultations 6.1 A summary of comments from the consultees is as follows: • Traffic & Transportation have recommended the proposal to be deferred or refused due to visibility splays for the plot access not being met, however, it would be unreasonable to refuse the application on this basis as other properties on Coach Close do not currently achieve or maintain this visibility splay. They have noted that the proposed garage does not meet the internal dimensions for a parking space, however, the agent has provided a revised plan to amend this. They have noted that where the of the driveway is proposed may have an impact on the position of the existing lamppost. In addition, it is considered that sufficient visibility exists to allow safe access and egress from the site. They have also stated that they have concerns with the junction of Coach Place and Coach Road given the speed limit of this road is 60mph. Again, whilst we have noted their comments this is an established road junction in an established housing area, it is considered that traffic travelling along this road will likely be slower than 60mph. It is also worth noting that this site has already been approved for a housing plot in principle back in 2016 (planning application reference 16/01925/PPP). If this application were granted, we have attached conditions relating access to proposed driveway, parking, the gradient of the driveway and materials of the driveway. Page 19 of 42
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• Protective Services have no objection to the proposal and refers to best practice relating to noise from construction, construction hours, dust control, construction waste and light pollution. These can be added as informatives. • Greenspace accepts the finding of this survey. In order for the development to proceed several trees will need to be removed from the site, they strongly recommend that biodiversity enhancements are undertaken on the site. They have noted that clearance of any trees and scrub on the site should be undertaken out with the breeding bird season. The breeding season is March to September. If this is not possible, an experienced ecologist is required to inspect the trees and scrub to check for nesting birds 24 hours before work commences. If any nesting birds are identified, then these habitats must not be disturbed until all of the chicks have fledged. If works have not commenced within 1 year of this survey an updated survey will be needed. • The Coal Authority has no objection to the proposed development and have recommended certain conditions if the application were granted. 7. Representations 7.1 No representations were received in connection to this application. 8. Planning Assessment 8.1 Development Plan: North Lanarkshire Local Development Plan 2022: Although the application site is located at Coach Close, Kilsyth, the land is zoned as Green Belt and covered by Policy PP4 (Green Belt) which aims to protect the Green Belt through a presumption against development other than that associated with appropriate rural uses such as those necessary for agriculture, forestry or horticulture, facilities for outdoor recreation, tourism, telecommunications or other appropriate rural uses etc. The current proposal for a single dwelling in the Green Belt does not satisfy any of the very specific criteria of Policy PP4 and consequently may reasonably be deemed as inappropriate development in Green Belt. It is noted that the wider area is an established residential area and is covered by Policy PP 3 (General Urban Area) seeks to maintain and improve the level of amenity in urban areas, by encouraging development that is in keeping with their residential character and encouraging diversity in more mixed-use areas. It is considered that the proposed dwellinghouse will utilise a vacant parcel of land located between existing dwelling plots and given the wider area is a built-up residential area this proposal is justified within this Green Belt area by providing a strong boundary all of which complies with the principal policy in the Local Plan. It is also noted that a permission in principle has previously been granted by committee for residential development on the site. 8.2 Policy EDQ 2 is not relevant in this case. Policies EDQ1 and EDQ3 seek to create high quality developments and environments and as part of this it is expected that development should integrate successfully into its natural landscape setting (EDQ1) and should achieve high standards of site planning and sustainable design (EDQ3). The dwellings in the area are varied in height and taking account of the site levels in relation to adjacent properties, it is considered that the proposed dwelling would be in keeping with the scale and massing of adjacent dwellings. With regards to the impact on privacy and amenity of adjacent dwellings, it is considered that there would be no issues with regards to loss of privacy. The distance between some windows of the proposed dwelling and the neighbouring plot’s windows (planning reference 22/00517/FUL) is less than 18m, which is less than the Council’s privacy standard distance. This is considered acceptable, given there will be sufficient screening between the boundaries of these two plots to eliminate any privacy concerns. 8.3 The Council’s Open Space Guidance states that a front curtilage should have a depth of at least 6m and the rear garden depths should be 10m. It is acknowledged that the proposed plot does not meet these guidelines due to the orientation of the proposal. The proposal is considered to have adequate garden space, given the dwellinghouse will only take up 239sqm and there will be a remainder of approximately 418sqm of the land being used as garden ground. Please note, these calculations have been taken from the land of rear elevation of the detached garage to the end of the application site (excluding the garage and driveway). Whilst the plot will not have a traditional garden set up, the open space around the dwellinghouse is considered significant amenity space. Page 20 of 42
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8.4 The proposal will accommodate at least three off street parking spaces which is considered acceptable in this instance. 8.5 Consultations: In terms of the consultations received, Protective Services and the Coal Authority comments have been addressed either via condition or informative. Greenspace reviewed the accepts the finding of this survey. In order for the development to proceed several trees will need to be removed from the site, they strongly recommend that biodiversity enhancements are undertaken on the site. An informative has been attached for this to be carried out accordingly. With regards to Traffic and Transportation’s comments given the previous planning permission in principle and the fact that the site access reflects the others in the street it is considered to be acceptable in planning terms. Whilst concerns are noted in relation to visibility at the junction with Coach Road this is a well- established road access and the intensification of use associated with an additional two properties (including application 22/00517/FUL) using this junction is not considered to be sufficient reason to refuse planning permission. 9. Conclusions 9.1 It is considered that the site of the proposed dwelling (along with that the subject of planning application 22/00517/FUL also being reported to this committee) has previously been granted planning permission in principle and will close off a gap site within the built-up area and rationalise the Green Belt by providing a strong boundary which accords with the adopted North Lanarkshire Local Development Plan in that the proposal is in keeping with wider established residential area. Taking the above into consideration and notwithstanding the objection received, it is recommended that planning permission be approved. Page 21 of 42
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Application No: 22/00674/FUL Proposed Development: New Dwelling Site Address: Land At West Avenue Stepps Date Registered: 30th June 2022 Applicant: Mr Duncan Cairney 3 West Avenue Stepps G33 6ES Agent: Callum Forrester Jewitt And Wilkie Architects Dundas Court 38 New City Road Glasgow G4 9JT Application Level: Local Application Contrary to Development Plan: No Ward: 05 Stepps, Chryston and Muirhead John McLaren, Josh Cairns, Claire Louise Williams, Representations: 10 letters of representation received. Recommendation: Approve Subject to Conditions. Reasoned Justification: The development proposed is considered to be in accordance with Policies PP3 and AD3 of the North Lanarkshire Local Development Plan 2022 as it could be suitably accommodated without detriment to the character and amenity of the surrounding area. Page 22 of 42
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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: 22/00674/FUL Name (of applicant): Mr Duncan Cairney Site Address: Land At West Avenue Stepps Development: New Dwelling Page 23 of 42
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Proposed Conditions:- 1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 3574_L_200, 3574_P_201, P-310, 3574_P_203, 3574_P_300_A, 3574_P_400_A, 3574_P_401_A, 3574_P_500_A and 3574_P_501_A. Reason: To clarify the drawings on which this approval of permission is founded. 2. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents. 3. That any remediation works identified by the site investigation required in terms of Condition 2, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a responsible Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 4. That BEFORE the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees, as shown on the approved plans, and shall not be removed for the duration of the works without the approval in writing of the Planning Authority. Reason: In the interests of visual amenity and to preserve the protected trees. 5. No development shall commence until full details of the proposed glazing and ventilation systems for the windows and doors facing the rail line to assist in mitigating against noise within the dwelling have been submitted to, and approved in writing by, the Planning Service after consultation with NLC Protective Services. Reason: To enable the Planning Authority to consider these aspects in detail. 6. Driveways shall meet the road at right angles in order to maximise visibility in both directions, access to the site to be via a 3 metre wide dropped kerb vehicular access with the first 2 meters to be covered in a bonded surface, gates to open inwards and in-curtilage parking shall be provided on the basis of 3-4 bedrooms = 3 spaces. Reason; In the interests of traffic and pedestrian safety. 7. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by, the Planning Authority. Reason: To enable the Planning Authority to consider these aspects in detail. Page 24 of 42
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8. That BEFORE any works start on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by CIRIA in March 2000. Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection. Background Papers: Consultation Responses: Environmental Health (including Pollution Control) 1st November 2022 Traffic & Transportation 3rd August 2022 Network Rail 1st July 2022 Contact Information: Any person wishing to inspect these documents should contact Colin Bradley at 01236 632500 Report Date: 11th November 2022 Page 25 of 42
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APPLICATION NO. 22/00674/FUL REPORT 1. Site Description 1.1 The application site is located on a vacant piece of land on the private (non-adopted) road of West Avenue within the settlement of Stepps. 1.2 The plot is located to the south of West Avenue, to the north of the railway-line and sandwiched between two houses, one of a 1980’s design and the other one from the late nineties / early naughties design. 1.3 The development plot was subject of a ‘Planning Permission in Principle’ application in 2018 under the reference number 18/01816/PPP which was approved on the 30th May 2019. Therefore, the principle of siting a house on the parcel of land has been agreed and it is the design of the house that is the subject of this report. 2. Proposed Development 2.1 This application seeks permission for the erection of a 2 storey dwelling house, with ‘under croft’ parking and a basement level to a parcel of land between numbers 3 & 7 West Avenue, Stepps. 2.2 The design of the proposed dwelling house features significant scale and massing however this shall sit easily within the substantially sized plot and shall not appear incongruous within the wider street scene which features large detached and semi-detached dwelling houses. 2.3 The house is off-set within the plot with a bias towards more open space to the eastern element of the plot to allow access to the ‘under-croft’ parking garage. 2.4 The material palette intended for the house utilises modern materials including synthetic slate tiles to the roof, buff coloured facing brick to the walls, featuring decorative brick banding and aluminium fenestrations, soffits & eaves and rainwater goods finished in a dark grey. It is considered that this material palette is reflective of modern building practices. 2.5 To the northern aspect of the site, adjacent to the boundary with West Avenue there are 3 sycamore trees which are subject of Tree Preservation Orders (TPO) with the reference 136B with the individual specimens given numbers 04017, 04018 & 04019. It is intended to take access between two of these three trees and as such Tree Protection measures shall be required via the use of a planning condition. 3. Applicant’s Supporting Information 3.1 The applicant has supplied a full suite of drawings along with a statement justifying design revisions to the proposal. 4. Site History • 17/01964/TPO - Felling Dead Elm Tree, Limb Works to 3 Trees (2 Birch & 1 Sycamore) – permitted 16th January 2016 • 18/01816/PPP - Erection of a Detached Dwellinghouse (in Principle) and Proposed Access Arrangement – permitted 30th May 2019. 5. Development Plan 5.1 Sections 25(1) (a) and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that this application be determined in accordance with the development plan unless material considerations indicate otherwise. Page 26 of 42
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5.2 The site has been identified as sitting in the General Urban Area (through policies PP 3 (Purpose of Place) and AD 3 ‘Amount of Development’), within the North Lanarkshire Local Development Plan (2022). These policies have the stated aim of seeking to “maintain and improve the level of amenity in urban areas, by encouraging development that is in keeping with their residential character and encouraging diversity in more mixed-use areas.” It is considered that this proposal is compliant with the principles of this policy as stated due to it residential nature. 5.3 Policies EDQ 1 Site Appraisal, EDQ 2 Specific Features for Consideration and EDQ 3 Quality of development from the North Lanarkshire Local Development Plan (2022) are also applicable to this application. Policy EDQ 1 states that ‘Any proposed development will require to be appraised in terms of the site and its surroundings to ensure it will integrate successfully into the local area and avoid harm to neighbouring amenity.’ Policy EDQ 2 states ‘The Council will consider development in areas subject to hazards (Hazardous Zones) and other specific features (utilities infrastructure and management areas) identified in this Policy, in accordance with plans and protocols of the relevant managing agencies.’ Policy EDQ 3 states ‘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 carried out as a requirement of Policies EDQ1 and, if appropriate, EDQ2, assets protected under Policy PROT, any evaluation of design options and achieves a high-quality development.’ 6. Consultations 6.1 Network Rail have been consulted with regards to this development proposal and have responded stating that the developer must contact them before starting on site so that it can be ensured that all construction works are be undertaken in a safe manner so as not to disturb the operations on the neighbouring railway. Details are requested with regards to alterations to the ground levels, the laying of foundations and operations of any mechanical plant in close proximity to the Railway line. These requests shall be added as an informative on the planning permission. 6.2 NLC Traffic & Transportation have been consulted with regards to this application and have stated that West Avenue should be brought up to an adoptable standard, there is already a permission in principle permission and it is considered that the addition of one more dwelling on this road is not sufficient justification to require the road to be improved for adoption, indeed there is some doubt that this could be achieved in any event. The response further states that visibility splays of 2.4 x 25m are not achievable due to the presence of the trees, however it is considered that the current access and egress arrangements to the adjacent dwelling at 3 West Avenue are similar and that vehicle speeds on West Avenue will be influenced by the nature of the road and that access and egress may be taken from the proposed access point without detriment to road safety. In addition, a balance has to be taken and the retention of the protected trees is seen as being important to the character of the street. Further recommendations include in-curtilage parking for 3 motor vehicles, inward opening gates and the first 2 meters of the driveway to be paved can be covered by planning condition. 6.3 NLC Protective Services were consulted in relation to the previous application and again in relation to this application the previous stated requirement for a site investigation has been conditioned again and, in view of the findings of the noise assessment, confirm that mitigation in relation to the glazing facing the rail line should be conditioned and this has been done. 7. Representations 7.1 10 letters of representation received all of which have sought to object to the application. 7.2 After the submission of the objection comments, the applicant took issue with some of the comments and raised a query with the Planning Service. Specifically, the applicant felt as though they had been slandered due to concerns expressed regarding the removal of a tree. This had been carried out after the successful submission of a planning application, reference 17/01964/TPO which was approved on the 16th January 2016. It is not considered by the planning service that the comments received were slanderous in nature and as such they have been included in the report for consideration. Page 27 of 42
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7.3 The concerns and my comments thereon are detailed below:- Comment; The proposed vehicle access point has the potential to cause damage to the trees bounding the northern element of the site and these trees provide significant amenity value to the Avenue. Response: It is acknowledged by the Planning Service of the amenity value of these trees and, as such, a Planning Condition shall be added to this determination, should the application be successful, requiring suitable tree protection measures to be in place and retained for the duration of the construction phase. It is also noted that the property adjacent has taken access in a similar way and the trees have been retained Comment; The positioning within the plot is off centre and closer to the western boundary of the plot which shall lead to issues of over-shadowing and overlooking for the adjacent dwelling house at 7 West Avenue. Response; The Planning Service accept that the house is located with a bias towards the western boundary, however there is a gap of 1m to the boundary at its closest point which complies with current building regulations. The overall layout of the dwelling on the plot is consider to comply with the Council’s guidance on such matters. With regards to the possibility of overlooking for the neighbouring dwelling house, the majority of the fenestrations to the proposed dwelling house are located to the southern elevation with only minor ‘arrow slit’ windows to the western elevation. The windows on the western elevations do not serve public rooms, (utility room, bathroom stairwell). It is not considered that this design shall lead to any issues surrounding privacy to the neighbouring dwelling house which also has limited fenestrations on its eastern elevation. Due to the topography of the application site and the offset of the neighbouring dwelling house at 7 West Avenue with a garage separating the two dwelling houses, it is not considered that the proposal shall present significant or detrimental impacts to the levels of sunlight / daylight for the neighbouring dwelling house. Comment; The Material Palette selected for the proposed dwelling house (Buff Brick) is not in- keeping with the architectural style of the surrounding dwelling houses. Response; It is considered by the Planning Service that West Avenue has been built out over a variety of different periods including circa 1930’s-40’s, 1980’s and early 2000’s. The development of this dwelling house shall reflect the modern building practices of this particular era and, as such, the material palette is considered to be acceptable. Comment; The fenestrations are out of character with the architectural style of the other dwelling houses in the immediate locale. Response: It is considered that this design of window has been selected to reduce any impact on privacy for neighbouring dwelling houses and that this style of window is contemporary and details the time at which the house was erected. Comment; Heavy construction traffic shall have a detrimental impact on the road surface of West Avenue. Response: West Avenue is a private road and should there be damage caused as a result of construction activities then the developer would be legally liable to address this. Comment; Traffic shall require having access along the full length of the lane so as not to provide an inconvenience for neighbours and access for both civic and emergency vehicles must be maintained. Response; Given the nature of West Avenue it is considered reasonable to require the developer to give this some detailed consideration and a condition is recommended to require a traffic management plan to be agreed Comment; The scale and massing of the building represent over-development of the plot and the Page 28 of 42
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building should be centrally located within the plot to reflect the character of West Avenue better. Response: it is considered that although the scale and massing of the building are substantial, due to the size of the plot the dwelling house shall not appear incongruous within the plot or within the street. The building being offset is not necessarily detrimental to the street scene in this area and the dwelling house at 3 West Avenue has a bias to the eastern side of its plot and houses located to the west of West Avenue similarly do not sit centrally within their plot. Justification as to requiring the house to be offset with a western bias has been supplied by the agent and this shall be discussed in the main body of the report below. Comment; The existing sewerage and drainage system may not be able to accommodate a further dwelling in this area. Response; Scottish Water will assess the sewerage and drainage arrangement for the site, it is not considered that this is sufficient reason to reject the application. Should it transpire that the sewerage system does not hold sufficient capacity then an engineering solution shall be available. Comment: Given the 1m boundary to the western element of proposed design, there is insufficient space to allow for the construction of the dwelling house and the erection of scaffolding. Response: The methodology of the building process in itself is not a material planning concern. It is considered however, that it would be possible to erect the scaffolding within the footprint of the building rather than to the external area of the building, ‘Cherry-pickers’ are also possible to be used on the site which would allow access to the development site. 8. Planning Assessment 8.1 Sections 25(1) (a) and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that this application be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2 The principle of siting a dwelling house to the plot in question has been established through the successful determination of planning application reference 18/01816/PPP and, as such, it is matters of detail including the design of the proposed dwelling house that is the focus of this report and its subsequent recommendation. 8.3 The proposed siting of the house within the development plot is located to the west of centre of the site. Justification received from the applicant to this element of the proposal is given as being required to allow vehicular access to the under-croft parking element of the design. The 1m distance to the boundary at the south-western corner complies with current relevant Building Regulations and is considered to be acceptable when assessed against the Council’s guidance on new house plots therefore there is insufficient reason to reject the application on these grounds. The issues of sunlight / daylight and loss of privacy / overlooking as a result of this element of the design shall be examined further into the report at points 8.8 & 8.9 respectively. 8.4 The overall scale and massing of the proposal is considerable being two storeys in height with under-croft parking and a basement level, however it is considered that the principles of the design, as identified in condition 3 of planning application reference 18/01816/PPP requiring a two storey dwelling house to be constructed, has been adhered to. In terms of how the property will sit on the street, being a split level property it will be 2 storeys when viewed from the street and it is of a similar height to the adjacent property at number 3 West Avenue. 8.5 The design of the proposed dwelling house features a modern palette of materials featuring synthetic slate roof tiles, buff brick with decorative banding to the walls and dark grey aluminium fenestrations, facias, soffits and rainwater goods. It is considered that this material palette shall be reflective of modern construction techniques and styles and this shall allow the development of West Avenue to be read chronologically and that the material palette selected is acceptable. 8.6 The majority of the objection comments share significant concern regarding the trees bounding the northern element of the application site within West Avenue. These trees are subject to Tree Page 29 of 42
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Preservation Orders and add a great deal of amenity value to the street scene of West Avenue. It is the intention of the Planning Service to ensure that these trees are retained and protected and this shall be achieved through the use of a Planning Condition requiring suitable tree protection measures to be installed, maintained during the construction phase and it is noted that similar access arrangements at number 3 West Avenue have enabled the trees to be retained. This element of the proposal shall require to be signed off by the planning authority in consultation with NLC Arboreal services prior to any works, of any description, being commenced on-site 8.7 The principal elevation of the dwelling house does not project forwards of the linear pattern of development between the dwelling house at number 3 and number 7 West Avenue and, as such, it is considered that this element of the positioning of the dwelling house is acceptable. The principal elevation shall also be ‘shielded’ from the street by virtue of the three large sycamore trees and, as such, the material palette, which featured in many of the objection comments, shall not be an over- bearing presence to the amenity of the street view. 8.8 The proposal features limited fenestrations to both the eastern and western elevations with the majority of fenestrations to the northern and southern aspects of the proposal. The fenestrations to the east and west have been designed in such a way as to reduce any overlooking / loss of privacy elements and to provide light into the rooms and to the stairwell. The southern elevation features a large amount of windows and it is not considered that these shall present any issues pertaining to privacy as they shall overlook the railway-line to the south of the application site. Due to the presence of the railway-line, the exact specification of these windows shall require to be submitted to the Planning Service who, in conjunction with NLC Protective Services, shall require to sign off a Planning Condition to ensure that the noise within the dwelling house is mitigated from the rail line. 8.9 The Planning Service consider that the proposal shall not present any issues relating to loss of sunlight / daylight to either number 3 West Avenue or to number 7 West Avenue due to the distances between the relevant dwelling houses and the solar path. 8.10 NLC Traffic & Transportation were consulted with this application and recommended refusal on account of the number of properties accessed from a private road and a lack of visibility splays on account of the protected trees at the entrance. On balance it is considered that adjoining dwelling house, 3 west avenue, has a very similar access and egress arrangement with protected trees either side of the driveway. As indicated above the addition of one additional property on this private road is not considered to be sufficient justification to seek improvements to the road and in any event, it does not appear to be possible to upgrade to a standard sufficient to allow it to be adopted. It is therefore concluded by the planning service that there is insufficient reason from a road safety perspective to recommend the application for refusal. 9. Conclusions 9.1 In conclusion, the principle of siting a detached dwelling house at the plot of land has been established through application reference 18/01816/PPP. This application seeks permission for a detailed design of the dwelling house. It is considered that the proposal would comply with the principles of General Urban Area Policies, PP 3 (Purpose of Place) and AD 3 ‘Amount of Development’, of the North Lanarkshire Local Development Plan 2022. Accordingly, and notwithstanding the objections received, it is recommended that planning permission be granted. Page 30 of 42
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North Lanarkshire Council Report PLANNING COMMITTEE Agenda item _________ approval x noting Ref LB/ES Date 08/12/2022 NOTICE OF PLANNING AND ENFORCEMENT APPEALS DECISIONS From HEAD OF PLANNING AND REGENERATION Email humphriesp@northlan.gov.uk Telephone 01236 632500 Executive Summary 1. Purpose of Report 1.1 This report is to advise the Committee of the recent decisions in respect of the undernoted planning appeals. Recommendations It is recommended that the Committee note the decision in respect of this appeal. Background Application No. & Proposal Applicant & Site Appeal Decision & Date Note 22/00443/CLP Convert an Agricultural Building to a Dwellinghouse 20/00776/FUL Redevelopment of site (including demolition of buildings and retention of one existing Use Class 5 Industrial Unit (Unit F)) to form 24 additional Units comprising Class 6, 5 and 4 uses with associated parking, infrastructure, landscaping and boundary treatments. Mr Hugh Taylor Land South Of Gartgill Road Gartsherrie Coatbridge Tyger Security/DB Auto Repair Land To South Of 5 School Road Newmains Wishaw ML2 9BE Appeal Dismissed 04/11/2022 Appeal Allowed 16/11/2022 AGENDA ITEM 3 Page 31 of 42
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PAMELA HUMPHRIES HEAD OF PLANNING & REGE (11-11-2021) Page 32 of 42
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North Lanarkshire Council Report Planning Committee Does this report require to be approved? ☐ Yes ☒ No Ref DM/LB Date 08/12/22 Introduction of Discretionary Planning Charges - Update From Head of Planning and Regeneration E-mail humphriesp@northlan.gov.uk Telephone Lorna Bowden 07939280460 1. Background 1.1 The Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022 (“the Regulations”) set out the level of fees required as part of the submission of planning applications and other associated applications. The Regulations for the first time include new sections on discretion to charge fees, waiving or reducing of fees and surcharges on retrospective planning applications. 2. Report 2.1 The Regulations require us, as planning authority, to set out what we will charge for these services, when and by how much fees will be reduced, and clarify the level of surcharges applied. This report sets out the additional fees the Council has agreed to charging which could deliver additional resources to enhance the service provided and ensure a well-resourced and efficient planning service is maintained. Executive Summary The Planning Committee approved the introduction of fees for a range of services provided by the Planning and Place Service at its meeting on 13 October 2022. This report sets out the range and scale of these fees and includes where Value Added Tax is applicable. Recommendations It is recommended that the Committee note the detail of the charges being introduced. The Plan for North Lanarkshire Priority All priorities Ambition statement All ambition statements AGENDA ITEM 4 Page 33 of 42
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2.2 The fees for retrospective applications and for pre-application advice for Major applications was introduced on 01 November 2022. All of the other discretionary charges set out in the Appendix will be introduced from 04 January 2023. 3. Measures of success 3.1 The additional discretionary planning fees being charged offer additional resources to give additional financial support to the planning authority and ensure a well-resourced and efficient planning service is maintained. 4. Supporting documentation 4.1 Details of the charges to be introduced are set out in the attached Appendix. Pamela Humphries Head of Planning and Regeneration Page 34 of 42
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The proposed charges represent a reasonable estimation of costs in relation to officer time and resource in processing these requests. It is anticipated that the introduction of charging as set out in the report below has the potential to generate an annual income of £50,000. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ Page 35 of 42
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5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Page 36 of 42
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Appendix Summary of Discretionary Planning Fees Category Fee Payable Pre-application Charges: Major Pre Application Enquiry Local Pre Application Enquiry (Other than Householder Developments) Householder Pre Application Enquiry Single House Pre Application Enquiry Commercial Developments and Change of Use Pre Application Enquiry(Maximum Floor Space 500m²) Listed Building Pre Application Enquiry £1,000 + VAT (=£1,200) £500 + VAT (=£600) £65 + VAT (=£78) £200 + VAT (= £240) £200 + VAT (= £240) £65 + VAT (= £78) Property History Searches: Planning Application History for a Single Property Certified Copy of Decision Notice Certified Copy of Decision Notice including Plans (Householder, Local and Advert Applications) Certified Copy of Decision Notice including Plans (Major Applications) £150 £50 £100 £200 Request to vary a permission (S64 - Non-Material Variation of a Planning Permission) Applications submitted on or after 1 April 2022 £200 + VAT (= £240) Request for written confirmation of compliance with a condition £100+VAT (= £120) (per request) Applications made in retrospect (Effective 1 November 2022) 25% increase in applicable planning fee +VAT Page 37 of 42
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Submitting paper applications: Major Applications Non-Householder/Local Applications £180 + VAT (= £216) £80 + VAT (= £96) Refund Charge £10 + VAT (= £12) Reduction of Fees for Organisations falling under Section 252(1F) of the 1997 Town and Country Planning (Scotland) Act 1997, i.e. “not for profit enterprises” and “social enterprises” Fee reduced by 50% Note: Based on VAT at 20% which is changeable Page 38 of 42
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North Lanarkshire Council Report Planning Committee Does this report require to be approved? ☐ Yes ☒ No Ref PW/GL Date 08/12/22 Designation of Palacerigg Visitor Centre as Listed Building From Planning and Place Manager E-mail Bowden@northlan.gov.uk Telephone 01236 632500 1. Background 1.1 Historic Environment Scotland (HES) received a proposal to designate the Scottish Wildlife mural by Alasdair Gray located in the foyer of the Palacerigg Visitor Centre on 06/01/2020. HES visited the Palacerigg Visitor Centre on 01/09/2021 and saw the exterior and interior of the building. 1.2 HES has found that the building meets the criteria for listing because of the significance of the mural. HES carried out an assessment using the selection guidance to decide whether a site or place is of special architectural or historic interest. Executive Summary This report is intended for members to note that Historic Environment Scotland has decided to designate the Palacerigg Visitor Centre with mural by Alasdair Gray, Palacerigg Country Park, Cumbernauld G67 3HU as a Category B Listed building. The protected status of the structure came into effect from 05/10/2022 under Section 1of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 Recommendations It is recommended that members note the above. The Plan for North Lanarkshire Priority Choose an item. Ambition statement Choose an item. AGENDA ITEM 5 Page 39 of 42
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2. Report 2.1 The following is an extract from the detailed listing description:- Statement of Special Interest 2.2 ‘Scottish Wildlife Mural’ was restored by Gray in 2001 and the text panels likely added at this time. The addition of the text panels in Gray’s distinctive typography, which reflect the influences of the work and the inseparable nature of his artistic and literary interests, increases the design interest of the mural. The fact that the restoration of the mural was carried out by Gray himself gives the work a high degree of authenticity. 2.3 The Palacerigg Visitor Centre with the ‘Scottish Wildlife Mural’ by Alasdair Gray meets the criteria of special architectural or historic interest for the following reasons: • Because the building includes a major example of a later 20th century public mural. • The mural is an important surviving example of the visual art of Alasdair Gray that depicts themes and motifs commonly found in his work. • The mural has a high level of authenticity having been restored by the artist Alasdair Gray in 2001. • The immediate and wider country park setting of the building is substantially unaltered and contributes to our understanding of the mural’s conservationist theme. • For its close historical association with artist and writer Alasdair Gray, a cultural figure of national importance. 2.4 The Council had expressed concerns to HES regarding the listing of the building as a whole as a means of protecting the mural primarily as it was felt this may have an impact on the upkeep and any future renovations of the building itself (which is subject to current interest in terms of a community buyout). Going forward it will be for the Council to assess whether any changes to the building have an impact on the special interest in this case – the mural. 3. Measures of success 3.1 The mural is retained for future generations to enjoy. 4. Supporting documentation 4.1 Letter from Historic Environment Scotland dated 06.10.22. Name: Pamela Humphries Title: Head of Planning and Regeneration Page 40 of 42
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 41 of 42
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Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Page 42 of 42