Agenda pack
North Lanarkshire Council · 2 February 2023
Back to Planning Committee — 2 February 2023 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 24 Jan 2023 Members of the Planning Committee Chief Executive’s Office Archie Aitken Chief Officer of Legal & Democratic 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, 2 February 2023 at 10:00 am which you are requested to attend. The agenda of business is attached. Chief Officer of Legal and Democratic 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, P McDade, C McManus, F McNally, M McPake, D Robb, G Robinson, N Shevlin, A Smith, L Stubbs and G Woods. Page 1 of 120
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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 - 118) Submit Planning Applications Index (copy herewith) (3) Notice of Planning and Enforcement Appeals Lodged (page 119 - 120) Submit report by the Chief Officer of Place advising of two planning and enforcement appeals lodged (copy herewith) Members Briefing Following Conclusion of the Meeting (4) Briefing on the implementation of National Planning Framework 4 (NPF4) approved by the Scottish Parliament on 11 January 2023. Page 3 of 120
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North Lanarkshire Council Planning Applications for consideration of Planning Committee Committee Date: 02-02-2023 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved AGENDA ITEM 2 Page 5 of 120
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APPLICATIONS FOR PLANNING COMMITTEE 2nd February 2023 Page No Application No Applicant Development/Site Recommendation 8-15 22/00364/S42 Bellway Homes & Deuchny Properties Section 42 application for variation of Condition 16 'No Build Areas' attached to planning permission in principle 13/01958/PPP regarding residential development of up to 450 units, access and associated works Site At Johnston Road Gartcosh Refuse 16-25 21/01460/MSC Bellway Homes & Deuchny Properties Erection of 75 Homes with Associated Works (Phase 3) Land East Of Lochend Road Gartcosh Refuse 26-36 22/00326/MSC ID Meiklam Trust Development of Eight Platformed Sites and Site Engineering Works for Industrial/Distribution Uses Comprising Site Access, Site Platforming, Utilities and Landscaping (Phase 3 of Mossend International Railfreight Port App Ref 13/02079/PPP) Land North East Of Reema Road Industrial Estate Reema Road Bellshill Grant 37-48 22/00362/FUL Wemyss Properties Limited Erection of 2 no. Industrial Units including access road, paths, fences, yards, parking and infrastructure Land West Of Centrum Business Park Hagmill Road Shawhead Coatbridge Grant 49-80 22/00770/S42 Greengairs East Wind Farm Limited Construction of Wind Farm including Permanent Meteorological Mast, Site Entrance, Access Tracks, Crane Hardstandings, Control Building, Underground Cables and Temporary Construction Compound (Section 42 Application to Vary Condition 1 and Delete Condition 38 of Planning Permission 19/01292/S42 to extend the operational life to 40 years and allow 3 years for restoration) Site To North Of Easterton Airdrie Road Caldercruix Grant Page 6 of 120
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81-96 97-106 107- 112 22/01138/FUL 22/01250/S42 22/01363/S42 Keel Property Group Persimmon Homes And Messers Lamont, Love And Geddes Peter D. Stirling Ltd/ID Meiklam Trust Two Industrial Units (Class 5/6 with ancillary office accommodation) and associated landscaping, access, parking. Land Between Rowantree Avenue & Kirk Road Newhouse Industrial Estate Newhouse Variation of conditions 3e), 15 and 18 of permission ref. 19/00274/PPP for a residential development (circa 750 units), incorporating retail/community uses, open space, access, link road and associated works (including demolition of existing buildings) Heathfield Farm Drumcavel Road Muirhead G69 9EU Application under Section 42 to amend condition 5 and condition 12 of consent 19/00002/FUL to link each of the conditions to the parts of the approved development to which they relate Mossend Rail Head Reema Road Industrial Estate Reema Road Bellshill ML4 1RR Grant Grant Grant 113- 118 22/01425/FUL Mrs Kayleigh McIntosh- Lowrie Part change of use to Childminders 7 Glen Orchy Court Craigmarloch Cumbernauld G68 0DH Grant Page 7 of 120
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Application No: 22/00364/S42 Proposed Development: Section 42 application for variation of Condition 16 'No Build Areas' attached to planning permission in principle 13/01958/PPP regarding residential development of up to 450 units, access and associated works Site Address: Site At Johnston Road Gartcosh Date Registered: 4th April 2022 Applicant: Bellway Homes & Deuchny Properties Bothwell House Caird Street Hamilton ML3 0QA Agent: Ryden 130 130 St Vincent Street Glasgow G2 5HF Application Level: Major Application Contrary to Development Plan: No Ward: 06 Gartcosh, Glenboig And Moodiesburn Joanne Katy Keltie, Greg Lennon, Michael McPake Representations: No letters of representation received. Recommendation: Refuse Reasoned Justification: The proposed development is considered to constitute inappropriate and unjustified development in the Gartcosh/Glenboig Community Growth Area, specifically by virtue of the development of an area identified as a No Build Area within the approved Strategic Development Framework. Development within this area is also considered to undermine the Spatial Development Strategy of the SDP in relation to the sustainable development locations set out as Community Growth Areas. Page 8 of 120
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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: 22/00364/S42 Name (of applicant): Bellway Homes & Deuchny Properties Site Address: Site At Johnston Road, Gartcosh Development: Section 42 application for variation of Condition 16 'No Build Areas' attached to planning permission in principle 13/01958/PPP regarding residential development of up to 450 units, access and associated works Page 9 of 120
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Recommendation: Refuse for the Following Reasons:- 1. The deletion of condition 16 would constitute inappropriate and unjustified development within an area identified as a ‘no build area’ within the adopted Gartcosh/Glenboig Community Growth Area and therefore contrary to the approved Strategic Development Framework document and the terms of planning permission in principle 13/01958/PPP. The Council’s objective with this area is to allow appropriate housing development within clearly identified areas that prevent coalescence between settlements and protect landscape character and the Council will oppose proposals for built development in these areas. Background Papers: Consultation Responses: None Contact Information: Jim Lennon at planningenquiry@northlan.gov.uk Report Date: 10th January 2023 Page 10 of 120
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APPLICATION NO. 22/00364/S42 REPORT 1. Site Description 1.1 The site (identified by the applicant as Phase 3) lies to the east of Lochend Road in Gartcosh and amounts to some 3.11 hectares. It is located on the northern edge of Gartcosh and the north part of the site is adjacent to Mount Ellen. The site comprises of agricultural land consisting of undulating fields often used by grazing horses. It is bounded by Lochend Road to the west, former Mount Ellen Golf Clubhouse and course to the north and north-east, the recently constructed Bellway Homes development to the south west and residential properties to the south. 2. Proposed Development 2.1 The planning application was submitted under Section 42 of the Town and Country Planning (Scotland) Act 1997 and seeks to vary Condition 16 attached to planning permission in principle 13/01958/PPP. Condition 16 states that there should be no housing development allowed on the site as stipulated in the Gartcosh/Glenboig Community Growth Area Strategic Development Framework (SDF - page 60). 3. Applicant’s Supporting Information 3.1 The applicant provided a Supplementary Planning Statement and a Landscape and Visual Impact Assessment Report. 4. Site History • 13/01958/PPP - Residential Development of up to 450 Units, Access and Associated Works approved 18.8.16. • 16/02234/MSC - Erection of 155 no. Dwellinghouses and Associated Works approved 22.6.17. • 21/01459/MSC - Erection of 105 homes with access road, formation of junction and associated works (Phase 2) minded to Grant at March 2022 Committee, approved 22.6.22. • 21/1460/MSC - Erection of 75 Homes with Associated Works (Phase 3) currently being considered. • 21/01461/S42 - Section 42 application for variation of Conditions 3(d), 3(f) in relation to junction specification attached to planning permission in principle 13/01958/PPP regarding residential development of up to 450 units, access and associated works approved 29.3.22. 5. Development Plan 5.1 The proposals require to be assessed under the terms of the Strategic Development Plan and North Lanarkshire Local Development Plan 2022 and, in particular under the terms of: • PP 3 POLICY Purpose of Place • AD 3 POLICY Amount of Development • EDQ1 Site Appraisal • EDQ3 Quality of Development 5.2 Although not part of the development plan, the council has agreed Supplementary Planning Guidance relating to the CGA by way of a Strategic Development Framework (SDF) which sets out how the CGA will be developed, what strategic transportation measures are required to accommodate the proposed 3000 houses and how these measures will be delivered. This is a material consideration in the assessment of this application. Within the North Lanarkshire Local Development Plan 2022 the site is located within the urban area where Purpose of Place Policy PP 3 applies. The aim of the Plan within these areas is to maintain and improve the level of amenity appropriate for the local context and encourage diversity in more mixed-use areas. This policy requires such proposals to be assessed against the criteria of EDQ3 (Quality of Development) which considers issues such as size, materials and road safety and which states that proposals must integrate successfully with the surrounding area by avoiding harm to the neighbouring amenity. Page 11 of 120
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6. Consultations 6.1 No consultations sought. 7. Representations 7.1 Following the standard neighbour notification and press advertisement process, no letters of representation were received with respect to the proposed development. 8. Planning Assessment 8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. It is considered that the proposal raises no issues of a strategic nature in terms of the Glasgow and the Clyde Valley Strategic Development Plan (SDP) 2012. 8.2 It should be noted that the concept of a ‘No Build Area’ originated in the Strategic Development Plan, however that was translated through to local policy in the adopted North Lanarkshire Local Plan in 2012. Within the North Lanarkshire Local Development Plan 2022 the site is located within the urban area as discussed in paragraph 5.2 above, albeit that the area is identified as a ‘no build area’ as part of the Gartcosh/Glenboig Community Growth Area within the Strategic Development Framework (SDF) and this is reflected in condition 16 of the permission in principle that was granted. 8.3 With regards to varying Condition 16 relating to preserving the ‘No Build Area’ from development, I can confirm that the approved SDF (approved 16th April 2014) states in page 60 that the designated CGA covers a significant area, therefore not all the land will be required for development. It further states that this is to provide flexibility to allow protection of key landscape settings and ensure that development takes place at appropriate locations and with suitable ground conditions. The No Build Areas were originally indicated in the Gartcosh/Glenboig CGA Concept Statement (2010). It states that ‘these areas are included in this guidance to prevent coalescence between settlements and protect landscape character. The planning authority will oppose proposals for built development in these areas.’ 8.4 It was acknowledged within the SDF that some sections of ‘no build areas’ may be utilised for necessary road connections and roads infrastructure upgrades, SUDS or for community facilities such as play areas. In this particular case, the applicant intends to provide access through the ‘no build area’ to their Phase 2 site and should permission be forthcoming for residential development in the no build zone also provide a play area facility. The SDF would allow this limited form of development within the no build area i.e. allows for access roads, SUDS ponds, play areas but does not support house building in the no build areas. 8.5 Within the Gartcosh/Glenboig Community Growth Area concept statement (dated 2010) the ‘No Build Areas’ were first identified to ensure that open space is retained between Gartcosh and Mount Ellen to ensure that there is no perception of coalescence. This was then incorporated withing the approved SDF. 8.6 The applicant has provided a Planning Statement which outlines their case. A summary of their case is as follows:- • The adopted development plan is out of date therefore greater weight should be given to material considerations including the proposed provisions within emerging new plans; • Clydeplan makes no mention of where the 3000 dwellings have to be located in the CGA, there is therefore no conflict of building within this area. • Both the previous North Lanarkshire Local Plan and the North Lanarkshire Local Development Plan 2022 (LDP) identify the application site as being within the urban area albeit that only the Phase 2 land is identified as an existing housing site. Planning permission has been sought for residential development on the aforementioned Phase 2 land (ref. 21/01459/MSC). This application was approved at Committee subject to the conclusion of a Section 75 legal agreement. The agreement has been signed off. • Given that the Phase 3 application site is within the General Urban Area in the LDP, there is a presumption in favour of residential development. • As the Council’s supplementary planning guidance regarding the CGA, namely the Concept Page 12 of 120
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Statement and the SDF both pre-date the current Scottish Planning Policy (SPP), then their reference to coalescence is irrelevant as the SPP has taken this term out of the planning equation. Given this, less weight can be attached to the ‘No Build Area’ provisions within the two documents. Both documents are also well out of date and there were not formally adopted as part of the development plan, they are therefore only to be used for general guidance. • The applicants accept the ‘no build area’ to the east of the M73, their only concern is the area that is the subject of this application east of Lochend Road. • The SDF mentions protecting Landscape character, however there is no evidence regarding the landscape character in the area that is worthy of protecting. • Around 40% of the ‘no build area’ will be retained as open space and ensures that a green gap is retained between the two settlements. The submitted Landscape and Visual Assessment (LVI) confirms that this would provide a perception of separation between the two settlements, thus achieving the overall aim of the Concept Statement and the SDF, if not the precise provisions regarding the Lochend Road ‘No Build Area’. • The Council has already permitted significant departures in approving housing proposals south of Johnston Loch where the Council ultimately allowed a landscape buffer of 20 metres when the Concept Statement showed a ‘No Build Area’ buffer zone around Johnston Loch. They also approved Heathfield Farm when there were concerns from the Council’s Landscape section. These decisions demonstrate that it is possible for planning permission to be granted for development even though they might appear to run counter to provisions within the SDF. • As the Council accepts that Heathfield Farm development will lead to coalescence of Gartcosh and Mount Ellen, it would appear unreasonable for the Council to continue to insist on the full 6 hectare ‘No Build Area’ to the east of Lochend Road in order to avoid coalescence. • In relation to Condition 16 of the approved PPP, it is notable that the permission does not preclude housing development at all on the Phase 3 site. It merely states that the permission ‘does not allow for housing development’ on the site. Varying the condition as proposed would therefore allow approval of the Phase 3 proposals without conflicting with the PPP. As already set out above, approval of the Phase 3 proposals would accord with the development plan as well so there should be no issue in the council doing this. • Approval of both Phase 2 and Phase 3 is also necessary in order to ensure delivery of the 24 proposed affordable housing units. Without Phase 3 and the link road even the delivery of 12 Phase 2 affordable units cannot be guaranteed. • Finally, another material consideration in the determination of the current MSC applications is the limitation on access to Phase 2. The dimensions of the existing access road through Phase 1 are such that only 45 of the proposed Phase 2 units could be built and occupied prior to provision of the link road to Lochend Road. The length of this road and the required ground works are such that it cannot be provided without additional enabling development to provide cross funding. It is for this reason that the Phase 3 proposals have been introduced. There is therefore a direct financial link between the delivery of Phase 2 and Phase 3. 8.7 In response to the points raised in the applicant’s Planning Statement, these are commented on in the same order as they appear above:- • Disagree, the Concept Statement and SDF supplementary guidance have been approved by the Council and helped shape the CGA boundary accordingly. They are important material considerations. • It is for the Council to decide on the exact areas that the circa 3000 units have to go, which it has done so through the approved SDF. • The site is identified as being within the urban area, however it is safeguarded from development through the SDF through it’s allocation as a ‘no build area’ for the reasons stated previously i.e. prevent coalescence between settlements and protect landscape character. • Disagree as it is protected through the approved SDF as stated previously. • Disagree as at the time of producing both documents circa 2010 and 2014, this was and still is a real concern to the Council and indeed the community as can be seen by objection comments to related planning application 21/01460/MSC. To suggest that they were not formally adopted documents is not true as the SDF was approved at Planning and Transportation Committee on 16 April 2014. As indicated above both are regarded as important material considerations. Page 13 of 120
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• Both areas are identified as ‘no build areas’ in the SDF and should be protected as such. • The fact that it is greenspace and highly visible from the public road makes this area an attractive feature in the landscape and an area worthy of protecting. It forms a natural break between the settlements of Mount Ellen and Gartcosh. • Disagree that removing half of the ‘no build area’ will leave a sufficient green gap between the two settlements. • No definitive buffer was stated around Johnston Loch, it was the Council, after consultation with their own Greenspace section that allowed development at the position approved. As for the statement that the Council’s Landscape section objected to the proposal is untrue. They requested green corridors and path links and integration of Johnston Loch with its’ immediate surroundings. I can confirm that it is considered that their views have been taken into account in the approval of the relevant applications and consultations took place with Seven Lochs project. • The SDF delineated the CGA boundary and the Heathfield Farm area was designated as a residential area in it’s entirety, obviously with Johnston Loch remaining as is thereby ensuring significant open areas within the site. • Disagree with the statement ‘it is notable that the permission does not preclude housing development at all on the Phase 3 site. It merely states that the permission ‘does not allow for housing development’ on the site.’ This is quite clear that no housing development should take place within the ‘no build area’. • The area known as Phase 3 is an area identified as a ‘no build area’ and always has been, therefore it should not be considered as a development site for the delivery of Phase 2 nor the required affordable housing units. • It was always envisaged that a secondary access would be required to serve the area due to the access constructed to serve the existing Bellway site off Johnston Road only being able to serve 200 dwellings. This has been permitted along with phase 2 residential development. 8.8 It is also worth noting that as part of the approval of the Council’s previous Local Plan (North Lanarkshire Local Plan (2012)), as part of the Examination Reporter’s Conclusions, the SDF was given significant weight. Examples of this weight are within Part 1 Schedule 4 Issue 15.3 Gartcosh / Glenboig CGA namely:- Conclusion 3 However, part of the rationale for community growth areas is also that development should be concentrated in specific localities, thus minimising the scale of overall greenfield release. Apart from limiting the scale of greenfield release, the development of the community growth areas is based on masterplanning in order to achieve a number of planning benefits. The use of masterplanning as a delivery mechanism implies some spatial or other connection between the sites to be released. Conclusion 11 The structure plan and local plan set out a process to consider the detailed design matters. This process includes a concept statement, a strategic development framework and a master plan. I note that it is the council’s intention to prepare the strategic development framework after the local plan has been adopted. 8.9 As indicated above the Council went onto produce both concept statements and a strategic development framework and the no build areas were developed through this work. 8.10 National Planning Framework (NPF4) has been approved by the Scottish Parliament and will become part of the development plan on 13 Feb 2023. Although not adopted just now, it is nevertheless treated as a significant material consideration. In terms of this particular application, NPF4 is judged to be in line with the development plan assessment noted earlier 9. Conclusions 9.1 The SDF (Approved by the Planning and Transportation Committee 16 April 2014) sets out where areas of residential development is expected to take place within the Gartcosh/Glenboig CGA. Within the CGA boundary a ‘reserve site’ has also been identified for development should it look unlikely that the numbers originally envisaged to be built within the area are not achieved (circa 3000). To date, not all areas identified within the CGA boundary, excluding the two ‘no build areas’, benefit from planning permission, therefore the original indicative numbers have not been realised. Planning permission has not been sought for the large ‘reserve site’ identified to the west of Page 14 of 120
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Heathfield Farm. Irrespective of the aforementioned, the Council will resist proposals for built development in areas identified as ‘No Build Areas’ as per the approved SDF document (p60). It is therefore considered that there is no justifiable reason to allow residential development on the site previously identified as a ‘no build area’ in the approved SDF document, therefore varying Condition 16 of the Planning Permission in Principle application is hereby recommended for refusal. Page 15 of 120
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Application No: 21/01460/MSC Proposed Development: Erection of 75 Homes with Associated Works (Phase 3) Site Address: Land East Of Lochend Road Gartcosh Date Registered: 23rd September 2021 Applicant: Bellway Homes & Deuchny Properties Bothwell House Caird Street Hamilton ML3 0QA Agent: Ryden 130 St Vincent Street Glasgow G2 5HF Application Level: Local Application Contrary to Development Plan: No Ward: 06 Gartcosh, Glenboig And Moodiesburn Joanne Katy Keltie, Greg Lennon, Michael McPake, Representations: 13 letters of representation received. Recommendation: Refuse Reasoned Justification: The proposed development is considered to constitute inappropriate and unjustified development in the Gartcosh/Glenboig Community Growth Area, specifically by virtue of the development of an area identified as a No Build Area within the approved Strategic Development Framework. Development within this area is also considered to undermine the Spatial Development Strategy of the SDP in relation to the sustainable development locations set out as Community Growth Areas. Note to Committee Should committee be minded to grant planning permission, the decision notice should not be issued until a Legal Agreement is concluded to secure the affordable housing commuted sum. Page 16 of 120
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Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396. Planning Application: 21/01460/MSC Name (of applicant): Bellway Homes & Deuchny Properties Site Address: Land East Of Lochend Road Gartcosh Development: Erection of 75 Homes with Associated Works (Phase 3) Page 17 of 120
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Recommendation: Refuse for the Following Reasons:- 1. The proposal would constitute inappropriate and unjustified development within an area identified as a ‘no build area’ within the adopted Gartcosh/Glenboig Community Growth Area and therefore contrary to the approved Strategic Development Framework document and the terms of planning permission in principle 13/01958/PPP. The Council’s objective with this area is to allow appropriate housing development within clearly identified areas that prevent coalescence between settlements and protect landscape character and the Council will oppose proposals for built development in these areas. Background Papers: Consultation Responses: NLC Affordable Housing Consultations 11.11.21 Memos from Traffic & Transportation dated 16.11.21, 12.1.22, 7.3.22, 15.6.22 and 22.12.22 Memo from Environmental Health (including Pollution Control) dated 3.12.21 Letter from Scottish Water dated 8.10.21 Letter from Strathclyde Partnership For Transport dated 1.11.21 Memo from Pardeep Chand dated 1.3.22. Memo from NLC Greenspace dated 6.12.21 and 10.3.22 Memos from Play Services Manager dated 23.2.22. Contact Information: Jim Lennon at planningenquiry@northlan.gov.uk Report Date: 10th January 2023 Page 18 of 120
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APPLICATION NO. 21/01460/MSC REPORT 1. Site Description 1.1 The application site amounts to some 3.11 hectares and forms part of the Glenboig / Gartcosh Community Growth Area, albeit that it is allocated as a ‘no build area’ within this allocation. It is described as Phase 3 of the current Bellway Homes development in Gartcosh and lies to the east of Lochend Road in Gartcosh. It is located on the northern edge of Gartcosh and the north part of the site is adjacent to Mount Ellen. The site comprises of agricultural land consisting of undulating fields often used by grazing horses. It is bounded by Lochend Road to the west, former Mount Ellen Golf Clubhouse and course to the north and north-east, the recently constructed Bellway Homes development to the south-west and residential properties to the south. 2. Proposed Development 2.1 The proposed development forms part of the Gartcosh / Glenboig Community Growth Area (CGA) where it is identified as a ‘No Build Area’. The proposal is for the erection of 75 two storey dwellings consisting of 55 detached dwellings (11 x 3 bed, 41 x 4 bed and 3 x 5 bed), 8 semi-detached 3 bed dwellings and 12 Affordable Housing units consisting of 4 x 1 bed Cottage Flats and 8 x 3 bed Terraced Units. The dwellings are of traditional build, finished in facing brick, roughcast and concrete tiles with upvc windows and rain goods. A large Play Area is proposed to the south of the residential area on opposite side of the access road. 2.2 The site is accessed off Lochend Road via a junction arrangement, approved under application 21/01461/S42 which varies a previous condition stating that access to the site should be via a roundabout arrangement from Lochend Road. This junction and access road is required to facilitate phase 2 of the applicant’s development to ensure a secondary access is provided which is needed to serve more than 200 homes 2.3 If the application is approved, it is proposed to pay the Council a commuted sum for part of the 25% affordable housing requirement at the site to make up for the 16 units that would be required to be provided within the site for a development of this scale. It is proposed to provide 12 units on site with the commuted sum for the outstanding 6 units. The sum amounts to £198,000 and would be delivered via a Legal Agreement, should planning permission be granted. 3. Applicant’s Supporting Information 3.1 The applicant has provided the following information in support of their application: • Plans • Landscaping Plans • Landscape and Visual Impact Assessment • Drainage Drawings • Engineering Drawings/Levels/Site Sections • Street Engineering Review • Planning Statement • Tree Survey • Protected Species Surveys • Noise Assessment • Air Quality Assessment • Site Investigation Information 4. Site History • 13/01958/PPP - Residential Development of up to 450 Units, Access and Associated Works was approved 16.8.16. • 16/02234/MSC - Erection of 155 no. Dwellinghouses and Associated Works approved 22.6.17. • 21/01459/MSC - Erection of 105 homes with access road, formation of junction and associated works (Phase 2) minded to Grant at March 2022 Committee, approved on 22.6.22. • 21/01461/S42 - Section 42 application for variation of Condition 3(d), 3(f) attached to planning Page 19 of 120
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permission in principle 13/01958/PPP regarding residential development of up to 450 units, access and associated works was approved 30.3.22. • 22/00364/S42 - Section 42 application for variation of Condition 16 attached to planning permission in principle 13/01958/PPP regarding residential development of up to 450 units, access and associated works currently being considered. 5. Development Plan 5.1 The proposals require to be assessed under the terms of the Strategic Development Plan and North Lanarkshire Local Development Plan 2022 and, in particular under the terms of: • PP 3 POLICY Purpose of Place • AD 3 POLICY Amount of Development • EDQ1 Site Appraisal • EDQ3 Quality of Development 5.2 Although not part of the development plan, the Council has agreed Supplementary Planning Guidance relating to the CGA by way of a Strategic Development Framework (SDF) which sets out how the CGA will be developed, what strategic transportation measures are required to accommodate the proposed 3000 houses and how these measures will be delivered. This is a material consideration in the assessment of this application. As highlighted in 5.1 above, the site is allocated within the Urban Area where Purpose of Place Policy PP 3 applies. The aim of the Plan within these areas is to maintain and improve the level of amenity appropriate for the local context and encourage diversity in more mixed-use areas. This policy requires such proposals to be assessed against the criteria of EDQ3 (Quality of Development) which considers issues such as size, materials and road safety and which states that proposals must integrate successfully with the surrounding area by avoiding harm to the neighbouring amenity. 6. Consultations 6.1 NLC Traffic and Transportation raise no objection to the application. Detailed discussions have taken place in respect to the layout with additional supporting information and updated layouts provided. Comments have been made in respect to internal layout matters, including elements of the proposed footway provision, some street lengths and delineation and aspects of the driveway and parking delivery. From a planning perspective, it is highlighted that these are final outstanding comments following a detailed process of refinement where many aspects of the layout have been positively developed. It is also highlighted that the use of Designing Street policy results in various design options, opposed to a standards based approach. There are no concerns raised over the relationship with the wider public road network. 6.2 NLC Housing New Supply raises no objection to the application. In this instance if permission were to be forthcoming it has been decided to provide some of the units on site i.e. 12 and a commuted sum given to the Council for the remaining 6 units (£198,000) for delivering the 25% affordable housing element that is required for a development of this scale (18 units). 6.3 NLC Pollution Control raise no objection to the application. The Site Investigation is currently being assessed. 6.4 NLC Play Services raise no objection to the application provided that suitable play facilities are incorporated within the site. They are satisfied with the location of the proposed play area, details of which would be submitted as part of any conditional planning approval. 6.5 NLC Greenspace raise no objection to the application provided that the recommendations within the protected survey reports are adhered to. A Habitat Management Plan should be provided in due course. This can also be achieved via a condition. 6.6 NLC Arboriculture have no objection and welcome the fact that most of the trees are to be retained within the site. 6.7 Strathclyde Partnership for Transport (SPT) have no objections to the proposals. Page 20 of 120
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6.8 Scottish Water have no objections, however state that they cannot confirm capacity for water or foul drainage, therefore the developer must contact Scottish Water and complete a Pre-Development Enquiry form. 7. Representations 7.1 Following neighbour notification procedure and advertisement in the local press, 13 letters of representation were received. These are summarised as follows: • Condition 16 of the original planning consent stated that no dwellinghouses were to be built in this area to prevent coalescence of Gartcosh and Mount Ellen communities. • There is adequate land supply in the reserve site therefore no building should be allowed on the ‘no build area’. • Construction traffic will use Lochend Road, however once the houses are occupied, all traffic will access through the existing Johnston Road access. Existing site has inadequate footways. All traffic for the next phases of development should use Lochend Road for access. • If allowed Greenspace will be removed that has significant community amenity value, used by a large number of local people, especially during ‘lockdown’. By losing this space the community will lose a significant resource that aids with physical and mental wellbeing. • Current infrastructure does not support more houses in Gartcosh, e.g. schools at capacity, lack of adequate childrens’ play facilities, lack of retail facilities and overcrowded medical practices. • The development will bring increased traffic to already busy roads with accompanying air and noise pollution. It is dangerous to walk adjacent to the main roads due to speeding vehicles. Inadequate cycling provision at present. • The existing surrounding roads are near capacity and it’s already dangerous walking around the area, especially Lochend Road. • A new school is needed not new houses in Gartcosh. • Wildlife will be disrupted in the area. • There are existing drainage issues on Johnston Road, this will make it worse. Development on open grassland will only make this worse. • The existing play park in Phase 1 is inadequate and there are no details of what type of equipment is proposed in the proposed play area. • The proposed access into the site is at dangerous location at the top of a hill, visibility will be poor. • £60 million was removed from City Deal Funding to improve transport in the area. 8. Planning Assessment 8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. It is considered that the proposal raises no issues of a strategic nature in terms of the Glasgow and the Clyde Valley Strategic Development Plan (SDP) 2012. 8.2 The area of land that is subject of the planning application is identified as a ‘no build area’ within the approved Gartcosh/Glenboig Community Growth Area (CGA) (approved 16th April 2014). This allocation was brought forward from the initial CGA ‘Concept Statement dated April 2010. The previously adopted North Lanarkshire Local Plan 2012 identified the site as being within the CGA where DSAP3 (Community Growth Areas) applies. It stated that Supplementary Guidance would be adopted, where appropriate, in the form of Strategic Development Framework and Concept Statements. Within the Gartcosh/Glenboig Community Growth Area concept statement the ‘No Build Areas’ were first identified to ensure that open space is retained between Gartcosh and Mount Ellen to ensure that there is no perception of coalescence. This was then incorporated within the approved Strategic Development Framework (SDF) and the application site was identified within the CGA boundary as a ‘no build area’ where there should be no built development. Within the North Lanarkshire Local Development Plan the site is located within the urban area as stated and discussed in paragraph 5.2 above, albeit that the area is identified as a ‘no build area’ as part of the Gartcosh/Glenboig Community Growth Area within the SDF. 8.3 With regards to the identified ‘No Build Area’, I can confirm that the approved SDF states (page 60) that the designated CGA covers a significant area therefore not all the land will be required for development. It further states that this is to provide flexibility to allow protection of key landscape Page 21 of 120
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settings and ensure that development takes place at appropriate locations and with suitable ground conditions. The No Build Areas were originally indicated in the Gartcosh/Glenboig CGA Concept Statement (2010). It states that ‘these areas are included in this guidance to prevent coalescence between settlements and protect landscape character. The planning authority will oppose proposals for built development in these areas.’ 8.4 It was acknowledged within the SDF that some sections of ‘no build areas’ may be utilised for necessary road connections and roads infrastructure upgrades, SUDS or for community facilities such as play areas. In this particular case, the applicant intends to provide access through the ‘no build area’ to their Phase 2 site and should permission be forthcoming for residential development in the no build zone also provide a play area facility. The SDF allows this limited form of development within the no build area i.e. allows for access roads, SUDS ponds, play areas but does not support house building in the no build areas Representations 8.5 In response to the grounds of representation above in 7.1, these are commented on in the same order as they appear above: • Agreed. • Agreed. • The Council has approved Bellway Phase II planning application, ref.no. 21/01459/MSC. Condition 23 of said consent states that no more than 45 dwellinghouses shall be occupied until the new road into Phase 2 from Lochend Road has been constructed and finished to base course level. • Agreed that the greenspace is of real amenity value to the area and to the community and forms a good space between settlements. • If approved, the Council would receive a financial contribution for Education provision and would ensure adequate play provision was provided within the site. Lack of retail facilities and overcrowded medical practices is not something that can be easily fixed by the planning process, it is unfortunately market led and a UK wide issue. • The Council’s Roads and Transportation section are satisfied that the site can accommodate a development of this scale without detriment to the local road network. As part of the CGA, a financial contribution towards Roads infrastructure is sought for each approved dwellinghouse in the CGA to help mitigate any possible future increase in roads useage. Both an Air Quality Assessment and Noise Impact Assessment was submitted as part of the planning application submission and no issues were found. Any vehicles breaking the speed limit is a Police matter and not a matter that a developer can address. The Council is actively working on providing cycle paths and safe routes for cycling, however it is difficult to retro-fit this into existing historic roadways. • The roads issue is addressed above. • The Council is actively trying to address the replacement Gartcosh School and is assessing it’s options at present. • Protected Species surveys have been provided and are deemed satisfactory. • Johnston Road will be unaffected by the development. The Council is satisfied that adequate drainage would be incorporated within any development, should it be approved. • If permission was to be granted, further play provision would by incorporated within the area at an appropriate level to augment the toddlers play area already in place at phase 1 and the proposed play area within phase 2. • The Council’s Roads and Transportation section is satisfied with the position of the access. • City Deal Funded the Glenboig Link Road that was completed approximately 2 years ago and is directly linked to the Gartcosh/Glenboig CGA. For every new dwellinghouse constructed in the CGA, the developer is required to pay £993 towards Roads Infrastructure improvements in the Gartcosh/Glenboig area. 8.6 The applicant has provided a Planning Statement which outlines their case. A summary of their case is as follows:- • The adopted development plan is out of date therefore greater weight should be given to material considerations including the proposed provisions within emerging new plans. • Clydeplan makes no mention of where the 3000 dwellings have to be located in the CGA, Page 22 of 120
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there is therefore no conflict of building within this area. • Both the adopted Local Plan and emerging Local Development Plan (LDP) identify the application site as being within the urban area albeit that only the Phase 2 land is identified as an existing housing site. Planning permission has been approved for residential development on the aforementioned Phase 2 land (ref. 21/01459/MSC). This application was approved at Committee subject to the conclusion of a Section 75 legal agreement. The agreement is still being processed therefore permission has yet to be issued, however is highly likely to be signed off mid-late June. • Given that Phase 3 application site is within the General Urban Area in the LDP, there is a presumption in favour of residential development. • Given that the Council’s supplementary planning guidance regarding the CGA, namely the Concept Statement and the SDF both pre-date the Scottish Planning Policy (SPP), then their reference to coalescence is irrelevant as the SPP have taken this term out of the planning equation. Given this, less weight can be attached to the ‘No Build Area’ provisions within the two documents. Both documents are also well out of date and there were not formally adopted as part of the development plan, they are therefore only to be used for general guidance. • The applicants accept the ‘no build area’ to the east of the M73, their only concern is the area that is the subject of this application east of Lochend Road. • The SDF mentions protecting Landscape character, however there is no evidence regarding the landscape character in the area that is worthy of protecting. • Around 40% of the ‘no build area’ will be retained as open space and ensures that a green gap is retained between the two settlements. The submitted Landscape and Visual Assessment (LVI) confirms that this would provide a perception of separation between the two settlements, thus achieving the overall aim of the Concept Statement and the SDF, if not the precise provisions regarding the Lochend Road ‘No Build Area’. • The Council has already permitted significant departures in approving housing proposals south of Johnston Loch where the Council ultimately allowed a landscape buffer of 20 metres when the Concept Statement showed a ‘No Build Area’ buffer zone around Johnston Loch. They also approved Heathfield Farm when there were concerns from the Councils Landscape section. These decisions demonstrate that it is possible for planning permission to be granted for development even though they might appear to run counter to provisions within the SDF. • As the Council accepts that Heathfield Farm development will lead to coalescence of Gartcosh and Mount Ellen, it would appear unreasonable for the Council to continue to insist on the full 6 hectare ‘No Build Area’ to the east pf Lochend Road in order to avoid coalescence. • The joint applicants have confirmed that, while the Phase 2 and Phase 3 proposals are contained in separate MSC applications, the two are inextricably linked and should be considered together. • In relation to Condition 16, it is notable that the permission does not preclude housing development at all on the Phase 3 site. It merely states that the permission ‘does not allow for housing development’ on the site. Varying the condition as proposed would therefore allow approval of the Phase 3 proposals without conflicting with the PPP. As already set out above, approval of the Phase 3 proposals would accord with the development plan as well so there should be no issue in the council doing this. • Finally, another material consideration in the determination of the current MSC applications is the limitation on access to Phase 2. The dimensions of the existing access road through Phase 1 are such that only 45 of the proposed Phase 2 units could be built and occupied prior to provision of the link road to Lochend Road. The length of this road and the required ground works are such that it cannot be provided without additional enabling development to provide cross funding. It is for this reason that the Phase 3 proposals have been introduced. There is therefore a direct financial link between the delivery of Phase 2 and Phase 3. • Approval of both Phase 2 and Phase 3 is also necessary in order to ensure delivery of the 24 proposed affordable housing units. Without Phase 3 and the link road even the delivery of 12 Phase 2 affordable units cannot be guaranteed. 8.7 In response to the points raised in the applicants Planning Statement, these are commented on in the same order as they appear above:- • Disagree, the Concept Statement and SDF supplementary guidance have been approved by Page 23 of 120
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the Council and helped shape the CGA boundary accordingly. They are important material considerations • It is for the Council to decide on the exact areas that the circa 3000 units have to go, which it has done so through the approved SDF. • The site is identified as being within the urban area, however it is safeguarded from development through the SDF through it’s allocation as a ‘no build area’ for the reasons stated previously i.e. prevent coalescence between settlements and protect landscape character. • Disagree as it is protected through the approved SDF as stated previously. • Disagree as at the time of producing both documents circa 2010 and 2014, this was and still is a real concern to the Council and indeed the community as can be seen by objection comments. To suggest that they were not formally adopted documents is not true as the SDF was approved at Planning and Transportation Committee on 16 April 2014. As indicated above, both are regarded as important material considerations. • Both areas are identified as ‘no build areas’ in the SDF and should be protected as such. • The fact that it is greenspace and highly visible from the public road makes this area an attractive feature in the landscape and an area worthy of protecting. It forms a natural break between the settlements of Mount Ellen and Gartcosh. • Disagree that removing half of the ‘no build area’ will leave a sufficient green gap between the two settlements. • No definitive buffer was stated around Johnston Loch, it was the Council, after consultation with their own Greenspace section that allowed development at the position approved. As for the statement that the Councils Landscape section objected to the proposal is untrue. They requested green corridors and path links and integration of Johnston Loch with its’ immediate surroundings. I can confirm that it is considered that their views have been taken into account in the approval of the relevant applications and consultations took place with Seven Lochs project. • The SDF delineated the CGA boundary and the Heathfield Farm area was designated as a residential area in it’s entirety, obviously with Johnston Loch remaining as is thereby ensuring significant open areas within the site. • Whilst noting the applicant’s comments, each application should be considered on its merits and of particular note is that the application for Phase 2 is for residential development on an area that benefits from Planning Permission in Principle for housing development, however Phase 3 doesn’t benefit as it is within an area identified as a ‘no build area’. • Disagree with the statement ‘it is notable that the permission does not preclude housing development at all on the Phase 3 site. It merely states that the permission ‘does not allow for housing development’ on the site.’ This is quite clear that no housing development should take place within the ‘no build area’. • It was always envisaged that a secondary access would be required to serve the area due to the access constructed to serve the existing Bellway site off Johnston Road only being able to serve 200 dwellings. • The area known as Phase 3 is an area identified as a ‘no build area’ and always has been, therefore it should not be considered as a development site for the delivery of Phase 2 nor the required affordable housing units. 8.8 It is also worth noting that as part of the approval of the Council’s previous Local Plan (North Lanarkshire Local Plan (2012)), as part of the Examination Reporter’s Conclusions, the SDF was given significant weight. Examples of this weight are within Part 1 Schedule 4 Issue 15.3 Gartcosh / Glenboig CGA namely:- Conclusion 3 However, part of the rationale for community growth areas is also that development should be concentrated in specific localities, thus minimising the scale of overall greenfield release. Apart from limiting the scale of greenfield release, the development of the community growth areas is based on masterplanning in order to achieve a number of planning benefits. The use of masterplanning as a delivery mechanism implies some spatial or other connection between the sites to be released. Conclusion 11 The structure plan and local plan set out a process to consider the detailed design matters. This process includes a concept statement, a strategic development framework and a master plan. I note that it is the council’s intention to prepare the Page 24 of 120
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strategic development framework after the local plan has been adopted. 8.9 As indicated above the Council went onto produce both concept statements and a strategic development framework and the no build areas were developed through this work. 8.10 National Planning Framework (NPF4) has been approved by the Scottish Parliament and will become part of the development plan on 13 Feb 2023. Although not adopted just now, it is nevertheless treated as a significant material consideration. In terms of this particular application, NPF4 is judged to be in line with the development plan assessment noted earlier 9. Conclusions 9.1 The SDF (Approved by the Planning and Transportation Committee 16 April 2014) sets out where areas of residential development is expected to take place within the Gartcosh/Glenboig CGA. Within the CGA boundary a ‘reserve site’ has also been identified for development should it look unlikely that the numbers originally envisaged to be built within the area are not achieved (circa 3000). To date, not all areas identified within the CGA boundary, excluding the two ‘no build areas’, benefit from planning permission, therefore the original indicative numbers have not been realised. Planning permission has not been sought for the large ‘reserve site’ identified to the west of Heathfield Farm to Garnkirk Moss. Irrespective of the aforementioned, the Council will resist proposals for built development in areas identified as ‘No Build Areas’ as per the approved SDF document (p60). It is therefore considered that there is no justifiable reason to allow residential development on the site previously identified as a ‘no build area’ in the approved SDF document, therefore it is hereby recommended that planning permission be refused for residential development on the site. Page 25 of 120
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Application No: 22/00326/MSC Proposed Development: Development of Eight Platformed Sites and Site Engineering Works for Industrial/Distribution Uses Comprising Site Access, Site Platforming, Utilities and Landscaping (Phase 3 of Mossend International Railfreight Port App Ref 13/02079/PPP) Site Address: Land North East Of Reema Road Industrial Estate Reema Road Bellshill Date Registered: 24th March 2022 Applicant: ID Meiklam Trust C/o Anderson Strathern 1 Rutland Court Edinburgh EH3 8EY Agent: Ironside Farrar Ltd 111 McDonald Road Edinburgh EH7 4NW Application Level: Local Application Contrary to Development Plan: No Ward: 15 Bellshill Angela Campbell, Jordan James Linden, Pat Patton, Lisa Stubbs, Representations: 12 letters of representation received outwith Neighbour Notification response deadline. Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed details as submitted accord with the relevant conditions in Planning Permission 13/02079/PPP for Phase 3 of the Mossend International Railfreight Park. Page 26 of 120
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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: 22/00326/MSC Name (of applicant): ID Meiklam Trust Site Address: Land North East Of Reema Road Industrial Estate Reema Road Bellshill Development: Development of Eight Platformed Sites and Site Engineering Works for Industrial/Distribution Uses Comprising Site Access, Site Platforming, Utilities and Landscaping (Phase 3 of Mossend International Railfreight Port App Ref 13/02079/PPP) Page 27 of 120
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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: - 50742-105 Rev 103, 50742-106 RevP01, 50742-308 RevP03, 50742-611 Revp03, 50742-612 RevP03, 50742-613 Revp03, 50742-614 Revp03, 50742-615 Revp03, 50742-616 Revp03, 50742-617 RevP03, 50742-618 Rev03, 50742-619 Rev03, 50742-620 RevP03 and 50742-309 P02. Reason: To clarify the drawings on which this approval of permission is founded. 2. That, unless otherwise agreed in writing, the internal road network linking to the northern link road and roundabout to and from the A8 will be completed in accordance with the phasing details approved and before the development hereby approved is brought into use the link to the A8 will be and operational and in use as the main means of access to the satisfaction of Transport Scotland and the Planning Authority. Reason: To ensure satisfactory access to and from the site in the interests of amenity and road safety. 3. That for the avoidance of doubt, unless otherwise agreed in writing, where practical, construction materials associated with the development hereby permitted shall be delivered to the site by rail. Reason: In the interests of amenity and road safety. 4. Notwithstanding condition 1 above, unless as may otherwise be agreed in writing by the planning authority the applicant shall submit a phasing plan for Phase 3 to be approved in writing by the Planning Authority prior to the commencement of works on site. Reason: In the interests of amenity. 5. That unless as may otherwise be agreed in writing by the planning authority all works shall be carried out in accordance with the Phase 3 Drainage Strategy Report dated March 2022. Reason: In the interests of proper drainage and water quality. 6. That unless as may otherwise be agreed in writing by the planning authority notwithstanding condition 1 above, all works shall be carried out in accordance the site management, methodology and mitigation works as outlined in the Statement of Works within the Phase 3 Water Environment report dated March 2022, Phase 3 Application Ecological Impact Assessment dated March 2022, Phase 3 Drainage Strategy Report dated March 2022 and the Phase 3 Landscape Strategy Report dated March 2022. Reason: To ensure that these aspects are satisfactorily undertaken in the interests of amenity. 7. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the final surface water drainage scheme shall be submitted to the said Authority and a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans. Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater. 8. That the surface water drainage scheme approved under the terms of condition 7 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer Page 28 of 120
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experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans. Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity. 9. That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development. Reason: To ensure the provision of satisfactory sewerage and surface water drainage arrangements. 10. That prior to the commencement of work on site, unless otherwise agreed in writing, the developer shall submit details of all changes in ground levels, laying of foundations/piling works, and operation of mechanical plant including the use of tower cranes in proximity to the rail line to Network Rail Asset Protection Engineer and written evidence that Network Rail is satisfied in this regard shall be submitted to the Planning Authority prior to the commencement of works on site. Reason: To ensure that the proposed works do not disturb the operation of the neighbouring railway. 11. That, unless otherwise agreed in writing, during the construction phase of the development hereby permitted all works and ancillary operations which are audible at the site boundary shall be carried out only between the hours of 8:00am and 18:00pm, Monday to Friday inclusive; 8:00am and 13:00pm on a Saturday and at no time on a Sunday or a Bank/Public Holidays. Applicable holidays - Christmas Day, Boxing Day, New Year's Day, 2nd January, Good Friday, Easter Monday (note that when these holidays fall on a weekend the Public Holiday will be the next working day(s). The planning authority should be notified in advance of necessary works likely to create noise outwith these hours. Reason: To minimise construction noise impact on the occupiers of dwellings or noise sensitive buildings. 12. That unless as may otherwise be agreed in writing by the planning authority all works included in the scheme of landscaping and planting, set out in drawings 50742-612 RevP03, 50742-613 RevP03, 50742-614 RevP03 and Tree Works Schedule S4-P03 shall be completed in accordance with a timetable that is agreed in writing with the Planning Authority before any development starts, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species. Reason: To ensure the implementation of the landscaping scheme in the interest of amenity. 13. Notwithstanding condition 12 above, unless otherwise agreed in writing, the applicant shall provide details of existing woodland, hedgerow and landscape feature protection prior to commencement of works on site. Reason: In order to protect these assets in the interests of amenity, biodiversity and historical context. 14. That if the development hereby permitted is not commenced by March 2023 before works commence on site new updated surveys regarding protected species shall be submitted to and approved in writing by the Planning Authority. Reason: As more than 1 year has elapsed since the previous surveys were carried out in order to safeguard protected species. Page 29 of 120
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15. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, a Pollution Protection Plan for the North Calder Water shall be submitted to and approved in writing by the Planning Authority. Reason: In order to protect the said watercourse. 16. That prior to commencement of works on site, unless otherwise agreed in writing, the applicant shall submit a Species Protection Plan and associated Mitigation Strategy for the written approval of the Planning Authority and all associated works including landscaping and planting shall be carried out to the satisfaction of the Planning Authority by the appointment of an Ecological Clerk of Works (EcCOW) on site before during and after the construction phase, as may be appropriate. Reason: In order to safeguard protected species. 17. That before the development hereby permitted starts, and unless otherwise agreed in writing, the boundary of the Site of Importance for Nature Conservation (SINC): 76/31 North Calder Water- Carnbroe Mains shall be clearly demarcated to the satisfaction of the Planning Authority. Reason: In order to protect the SINC. 18. That, unless otherwise agreed in writing, no development shall take place on the site until the applicant has secured the implementation of a staged programme of archaeological work in accordance with a Written Scheme of Investigation which has been submitted by the applicant, agreed by the local Archaeology Service and approved by the Planning Authority. Reason: To enable the Planning Authority to consider these aspects in detail. 19. That the mitigation measures contained in the Phase 3 Flood Risk Assessment dated March 2022 by Kaya Consulting Limited shall be implemented. Reason: To ensure these matters are properly addressed as part of the development. 20. That before development starts written documentation will be provided by the applicant demonstrating that Scottish Gas Networks apparatus will not be impacted by operations on site. Reason: To protect statutory undertaker apparatus. 21. That unless otherwise agreed in writing by the Planning Authority, before commencement of works on site, the applicant shall submit a detailed timetable for the written approval of the Planning Authority of when the southern end of Carnbroe Road is to be stopped up and Bollarded and thereafter, such works will be carried out in accordance with the agreed timetable. Reason: To ensure that Carnbroe Road is closed to vehicular traffic in the interests of road safety. 22. That unless otherwise agreed in writing by the Planning Authority, no development shall commence until intrusive investigations have been carried out on site to establish the exact situation in respect of Coal Mining legacy features. Furthermore, the findings of the intrusive site investigations shall be submitted to the Planning Authority for consideration and approval in writing. The intrusive site investigations shall be carried out in accordance with authoritative UK guidance. Reason: To ensure that all aspects of mining legacy are assessed. Page 30 of 120
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23. Where the findings of the intrusive site investigations required under condition 22 above identify that coal mining legacy on site poses a risk to surface stability, no development shall commence until a detailed remediation scheme to protect the development from the effects of such land instability has been submitted and approved in writing by the Planning Authority. Following approval, the remedial works shall be implemented on site in complete accordance with the approved details prior to the commencement of any construction works. Reason: To ensure that any mining legacy issues are appropriately dealt with in the interests of safety and amenity. 24. Following implementation and completion of the approved remediation scheme approved under condition 23 above and prior to the occupation of the development or it being taken into beneficial use, a verification report prepared by a suitably qualified and competent person shall be submitted to and approved in writing by the Planning Authority to confirm completion of the remediation scheme in accordance with the approved details. Reason: To ensure that any mining legacy issues are appropriately dealt with in the interests of safety and amenity. 25. That the planning permission hereby granted shall lapse on the expiration of a period of 2 years from the date of the Decision Notice, unless the development has started within this period. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997. Background Papers: Consultation Responses: Nature Scotland dated 25.03.2022. Archaeology Service dated 05.04.2022. Traffic & Transportation dated 13.06.2022. Scottish Water dated 20.04.2022. Transport Scotland dated 01.04.2022. Network Rail dated 28.03 2022. Scottish Environment Protection Agency dated29.04.2022. Scottish Power dated 25.03.2022. NLC Greenspace dated 31.03.2022. Environmental Health (including Pollution Control) dated 02.11.2022. The Coal Authority dated 07.04.2022. and 13.10.2022. Contact Information: Any person wishing to inspect these documents should contact Paul Williams at 01236 632500 Report Date: 11th January 2023 Page 31 of 120
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APPLICATION NO. 22/00326/MSC REPORT 1. Site Description 1.1 The application site forms the central part of the Mossend International Rail Port and is phase 3 of the development. It covers an area of 59.2 Hectares The site is bound to the north by the site of the previously approved phase 2 development, to the east by the Coatbridge/Motherwell mainline railway and to the west by the Shirrel Burn and residential pockets of Bellshill and to the south by residential pockets of Bellshill. The northwest of the site is bound by a Site of Importance for Nature Conservation with the southern boundary of the site skirted by the Shirrel Green Network Site. 1.2 The land in question is relatively flat farmland demarcated by hedgerows and tree belts. It gently slopes downwards from north to south. The proposal involves regarding this slope to provide flat and level development platforms. The proposed development platforms are generally rectangular and run along an east west orientation. 2. Proposed Development 2.1 The proposal is to form eight Platformed Sites and Site Engineering Works for Industrial/Distribution Uses Comprising Site Access, Site Platforming, Utilities and Landscaping (Phase 3 of Mossend International Railfreight Port App Ref 13/02079/PPP). The proposal consists of 8 proposed development platforms for Class 5 (Industrial) and Class 6 (Storage and Distribution) uses that would be accessed from the previously approved internal access road and overhead roundabout interchange link onto the A8 for the MIRP (approved under consents 19/00002/FUL and 20/01157/MSC) as well as undeveloped buffer areas to the west and south including SUDS ponds. Platforms S2-S7 from the previously approved access road network and platforms S8 and S9 to the west be a remodelled and stopped off Carnbroe Road. The proposal also includes the retention of some of the existing woodland and hedgerows as well as providing publically accessible footpaths and cycleways within the retained and re-landscaped green buffer areas. 2.2 This application seeks to address matters specified by planning condition (MSC) following planning permission in principle granted by Scottish Ministers in October 2017 (13/02079/PPP) for the approval of matters specified in conditions 1(a-l), 20, 22, 24, 25, 26, 31, 32 of application 13/02079/PPP for Phase 3 of the Mossend International Railfreight Park related to the expansion of the railhead with additional rail sidings, infrastructure, access and landscaping. 2.3 The overall proposal for the Mossend International Railfreight Park is for expansion of Mossend Railhead with additional rail sidings, the development of the Mossend International Railfreight Park including: Class 5 (General Industry) Use; Class 6 (Storage and Distribution) Use and Ancillary Support Uses Including Access to the A8 and Associated Site Preparation, Earthworks, Infrastructure and Landscaping. 2.4 This application seeks approval for Development of Eight Platformed Sites and Site Engineering Works for Industrial/Distribution Uses Comprising Site Access, Site Platforming, Utilities and Landscaping (Phase 3 of Mossend International Railfreight Port App Ref 13/02079/PPP) in relation to the following conditions imposed as part of the Planning Permission in Principle :- Condition 1 (a-l)- Siting & Design, Means of Access, Layout, Hard and soft Landscaping, Management and Maintenance, Walls, Gates &Fences, Goods Vehicles, Drainage, Sewage, Trees, Shrubs &Hedgerows, Earthworks, Phasing, Noise, SUDS Scheme, Flood Risk, Environmental Statement Recommendations, Protection of Watercourses, Habitat Surveys and Landscape Strategy. Condition 20 – Noise – Operational/Construction Noise Impact Assessment. Condition 22 – SUDS scheme. Condition 24 – Flood Risk. Condition 25 – Environmental Statement Recommendations. Page 32 of 120
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Condition 26 – Protection of Watercourses. Condition 31 – Habitat Surveys. Condition 32 – Landscape Strategy. 3. Applicant’s Supporting Information 3.1 • Drawings Package (Ironside Farrar). • Planning Supporting Statement dated March 2022. • Drainage Strategy Report (Ironside Farrar) dated March 2022. • Statement on Works within the Water Environment (Ironside Farrar) dated March 2022. • Flood Risk Assessments (Kaya Consulting) dated March 2022 and October 2021. • Noise Impact Assessment (Construction) (RMP) dated February 2022. • Ecological Impact Assessment (ECOS) dated March 2022. • Landscape Strategy Report (Ironside Farrar) dated March 2022. • Bat Survey Report dated March 2022. 4. Site History 4.1 13/02079/PPP Expansion of Mossend Railhead with Additional Rail Sidings, the Development of the Mossend International Railfreight Park including: Class 5 (General Industry) Use; Class 6 (Storage and Distribution) Use and Ancillary Support Uses Including Access to the A8 and Associated Site Preparation, Earthworks, Infrastructure and Landscaping approved by Scottish Ministers in October 2017. 4.2 19/00002/FUL Construction of a Road Link Between the A8 and Existing M8 Overbridge approved January 2020. 4.3 20/01157/MSC Approval of matters specified in conditions 1(a-l), 20, 22, 24, 25, 26, 31, 32 of application 13/02079/PPP for Phase 1 of the Mossend International Railfreight Park related to the expansion of the railhead with additional rail sidings, infrastructure, access and landscaping approved 30TH April 2021. 4.4 21/00804/MSC Approval of matters specified in conditions 1(a-l), 20, 22, 24, 25, 26, 31, 32 of application 13/02079/PPP for Phase 2 of the Mossend International Railfreight Park related to engineering works for the construction of three platforms associated access and landscaping approved October 2017. 5. Development Plan 5.1 In terms of strategic planning policy, the application represents a strategic development in terms of Clydeplan 2017 (see schedule 14 - class 4 over 10 000m2). With regard to this site the relevant policy in the Clydeplan 2017 and schedule (Policy 5 & Schedule 3) still identifies this site as being a Strategic Economic Investment Location with a key identified role of Distribution and Logistics. Locations such as eurocentral/Mossend International Rail Port are the city region’s strategic response to delivering long-term sustainable economic growth. This proposal being for a new manufacturing and distribution centre supports the vision and spatial development strategy of the Strategic Development Plan so the proposal can then be assessed against local plan policy. 5.2 The Scottish Government confirmed on 5 July 2022 that the Scottish Ministers do not propose to issue a direction in respect of the adoption the North Lanarkshire Local Development Plan and that the Council can proceed to Adopt. Accordingly, the Plan has now been Adopted by the Council and became operative on 6 July 2022. The North Lanarkshire Local Development Plan 2022 Identifies the site as being within a Business Centre and is part of a specifically identified development site (NLC00007). Placemaking Policy PP2A (Strategic Business Centres) applies which specifically promotes the development of Class 4 Business, Class 5 General Industrial and Class 6 Storage and Distribution. Policy AD 2A relates to the amount of such development and in this case no assessment of the amount of development is required for the above uses. Page 33 of 120
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5.3 Environmental and Design Policies EDQ 1 (Site Appraisal) and EDQ 3 (Quality of Development) are also relevant the assessment of the proposed development. 6. Consultations 6.1 In terms of consultation responses Transport Scotland does not propose to advise against the granting of permission. Network Rail suggested certain advice regarding ensuring no impact on the existing rail network caused by the proposal. The Scottish Environment Protection Agency (SEPA) has expressed no concerns regarding Flood Risk and has recommended the imposition of conditions regarding proposed Sustainable Urban Drainage details. 6.2 Scottish Power has expressed no objection in principle, Nature Scot has declared no comment and Scottish water has provided standard comments. 6.3 The Coal Authority original objected to the proposal and requested further coal mining legacy information. As a result of the further information provided the Coal Authority withdrew its objection provided that certain condition be imposed to any consent. 6.4 NLC Traffic & Transportation has provided comments regarding the proposed cyclepath and its width where it links to the existing cycle facilities at Carnbroe Road at the A8 and advised that a Stopping Up Order for Carnbroe road may be required. 6.5 NLC Protective Services (including Pollution Control) has made comment regarding the Construction Noise Impact Assessment and is satisfied with findings of the assessment and has advised regarding the imposition of appropriate conditions. 6.6 NLC Greenspace has advised that the western boundary of the site bounds with a Site of Importance for Nature Conservation (SINC): 76/31 North Calder Water-Carnbroe Mains and that the riparian woodland associated with it is classed as ancient woodland. In this regard, Greenspace has recommended that the boundary of the SINC is clearly demarcated prior to any construction work commencing in order to protect the SINC. Greenspace welcome the partial retention of woodlands and hedgerows in the site as indicated on the submitted landscape plan. Greenspace also recommends that new updated surveys regarding protected species are carried out prior to commencement of works on site as more than 1 year has elapsed since the previous surveys were carried out and also that a Pollution Protection Plan for the North Calder Water should be submitted prior to commencement of works. Greenspace also noted regret at the loss of some of the woodland on the site as a result of the proposed development. 6.7 The Archaeology Service has recommended that a Written Scheme of Investigation is submitted for the approval of the planning authority and the approved investigation carried out and reported to the satisfaction of the planning authority prior to any construction works on site. 7. Representations 7.1 No letters of representation were received within the required deadline period. 12 representations were received outwith the deadline. The points of objection relate to additional traffic, road safety, noise, loss of green space/trees, impact on wildlife and impact on the Shirrel Burn. 8. Planning Assessment 8.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, Planning Authorities are required that in determining planning application proposals, where regard is to be had to the Development Plan, determination should be in accordance with this Plan unless material considerations indicate otherwise. In this instance, Planning Permission in Principle has already been granted for the Mossend International Railfreight Park and this application requires to be assessed against the relevant matters specified in conditions. Page 34 of 120
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Strategic Development Plan 8.2 In terms of strategic planning policy, the application represents a strategic development in terms of Clydeplan 2017 (see schedule 14 - class 4 over 10 000m2). With regard to this site the relevant policy in the Clydeplan 2017 and schedule (Policy 6 & Schedule 4) identifies this site as being a Strategic Freight Transport Hub with improved access from the M8 and an opportunity to further encourage the modal shift to rail freight traffic for Distribution and Logistics. Locations such as this are the city region’s strategic response to delivering long-term sustainable economic growth. This proposal being for a new manufacturing and distribution centre supports the vision and spatial development strategy of the Strategic Development Plan so the proposal can then be assessed against local plan policy. The proposed development being a mix of Class 5 and 6 uses complies wholly with this strategic policy. Local Development Plan 8.3 The North Lanarkshire Local Development Plan 2022 Identifies the site as being within a Business Centre and is part of a specifically identified development platform (NLS00590). Placemaking Policy PP2A (Strategic Business Centres) applies which specifically promotes the development of Class 4 Business, Class 5 General Industrial and Class 6 Storage and Distribution. Policy AD 2A relates to the amount of such development and in this case no assessment of the amount of development is required for the above uses. Environmental and Design Policies EDQ 1 (Site Appraisal and EDQ 3 (Quality of Development) are also relevant the assessment of the proposed development. The proposed development being the creation of platforms for industrial use complies wholly with this Placemaking policy. Landscape and Ecology 8.4 Whilst the concerns of Greenspace are noted, it is the case that the vast majority of trees on the site are to be protected and retained and that significant new tree and shrub planting is proposed to augment the proposed green public access corridors when considering the impact on planting and ecology local to the site. In terms of ecology. Policy PROT A indicates 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. SPG 20 (Biodiversity & Development) requires that applicable developments demonstrate any risk and means for mitigation of Protected Species. An Ecological Impact Assessment was carried undertaken on the site to determine the existence of suitable habitat for, and evidence of bats, otter, water vole, badger, and red squirrel. Whilst no protected species were recorded, Greenspace accepted the findings of the reports but advised that these would require to be updated in the event that development had not commenced within one year of the survey date. The Assessment also recommended that an Ecological Clerk of Works (EcCOW) should be appointed to oversee the biodiversity enhancements gained through the related landcape and planting schedules which can be implemented by condition. Flooding and Drainage 8.6 SPG 09 (Flooding & Drainage) requires that applicable developments demonstrate any risk and means for mitigation of flooding and detail the measures for treatment of surface water through the use of SUDS principles. A flood risk assessment was undertaken on the site and the findings are contained within the Flood Risk Assessment produced by Kaya dated March 2022 concluded that there is no significant risk of flooding on the site apart from the southwestern corner of the site which shall remain undeveloped. The Drainage Strategy Report produced by Ironside Farrar dated March 2022 identifies a SUDS drainage scheme that would discharge eventually into the Shirrel Burn and tributaries to the south and North Clader Water to the west via two main SUDS ponds. An Assessment was carried out which concluded that the proposed development can be operated satisfactorily in terms of surface drainage and is compliant with the requirements of national policy and guidance. On this basis it is considered that the development should raise no flooding concerns and conditions are recommended to confirm the drainage proposals are installed in accordance with the plans and SUDS principles and that Scottish Water’s requirements for connection are met. The proposals are therefore considered to comply with the terms of SPG 09 and appropriate planning conditions can be applied in this respect. Environmental Considerations: Ground Conditions Coal Mining Risk Page 35 of 120
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8.7 A Ground Conditions Assessment was previously undertaken that concluded that the site contains no contaminated land or groundwater and the site considered very low risk as such, no remedial works were considered to be necessary at the site. The assessment also concluded that no remedial measures were required in terms of ground gas. Protective Services concurred with the findings of the Site Investigation. 8.8 A Mining Stability Investigation Report (JWH Ross 2013) was submitted in support of the original Planning Permission in Principle for the site (13/02079/PPP). The Coal Authority concurred with the findings of the reports and requested that conditions be imposed to secure the submission of a remediation strategy and implementation of remedial works and conditions are recommended in this respect. Site Layout, and Boundary Treatment 8.9 It is considered that the proposed layout of build platforms has been sensitively designed in terms of being centrally sited as far away as possible from existing settlements as well as retaining existing green buffer areas along the edges of the site including landscape augmentation proposal for further tree and shrub planting. As such, it is considered that the proposal complies with policies EDQ 1 and 3. Effect on the Road Network and Access 8.10 Transport Scotland raised no objections to the proposals in terms of their impact upon the trunk road A8/M8. Transport Statements will accompany any subsequent applications for the development of individual platforms. Overall, it is considered that the development can be accommodated without detriment to the trunk and local road networks. 8.11 It is considered that the matters raised by NLC Transportation can generally addressed by the imposition of the appropriate planning conditions. Furthermore, it is considered that the amended proposed layout which has been submitted addresses the comments made regarding the proposed footpath/cyclepath network through the site. With regard to Carnbroe Road, it is considered that the road was effectively stopped off as a result of the M8/A8 road improvement works to the north of the site and that a condition can be imposed requiring that the southern end of Carnbroe Road be bollarded at the appropriate time to ensure no vehicular traffic can enter the site from the south thus obviating the possible requirement of a Stopping Up Order. 8.12 National Planning Framework (NPF4) has been approved by the Scottish Parliament and will become part of the development plan on 13 Feb. Although not adopted just now, it is nevertheless treated as a significant material consideration. In terms of this particular application, NPF4 is judged to be in line with the development plan assessment noted earlier 9. Conclusions 9.1 It is therefore considered for the above reasons that the proposed development is acceptable in policy terms. This application is therefore recommended for approval subject to the imposition of appropriate planning conditions. Taking the above assessment into account it is considered that the proposed development platforms and associated layout represents an acceptable development. It is further considered that the development accords with the provisions of the adopted North Lanarkshire Local Development Plan with no other material considerations to the contrary. There are no objections from consultees subject to conditions. Whilst the concerns expressed by neighbouring residents are noted, the terms of objection cannot be sustained. It is therefore recommended that planning permission be granted subject to conditions. Page 36 of 120
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Application No: 22/00362/FUL Proposed Development: Erection of 2 no. Industrial Units including access road, paths, fences, yards, parking and infrastructure Site Address: Land West Of Centrum Business Park Hagmill Road Shawhead Coatbridge Date Registered: 31st March 2022 Applicant: Wemyss Properties Limited 4 Melville Crescent Edinburgh EH3 7JA Agent: Martin Thomson 49 St Vincent Crescent Glasgow G3 8NG Application Level: Local Application Contrary to Development Plan: No Ward: 11 Coatbridge South Tracy Carragher, Geraldine Woods, Fergus MacGregor, Andrew Bustard, Representations: 142 letter(s) of representation received (including Monica Lennon MSP). 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 37 of 120
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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: 22/00362/FUL Name (of applicant): Wemyss Properties Limited Site Address: Land West Of Centrum Business Park Hagmill Road Shawhead Coatbridge Development: Erection of 2 no. Industrial Units including access road, paths, fences, yards, parking and infrastructure Page 38 of 120
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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:- 133900/8030, AL(0)050, AL(0)060, AL(0)070, AL(0)410, AL(0)420, AL(0)421, AL(0)430, AL(0)440, AL(0)510, AL(0)520, AL(0)521, AL(0)530, AL(0)540, AL(2)401 and AL(2)501. Reason: To clarify the drawings on which this approval of permission is founded. 2. That the buildings hereby permitted shall be used for Class 4 (Business) or Class 6 (Storage and Distribution) only as defined by The Town and Country Planning (Use Classes) (Scotland) Order 1997 Reason: To define the planning permission in the interests of amenity 3. Prior to the commencement of the development details of the lighting within the site shall be submitted for the approval of the Planning Authority, after consultation with Transport Scotland, as the Trunk Roads Authority. The development shall be completed in accordance with the approved details. Reason: To ensure there will be no distraction or dazzle to drivers on the trunk road and the safety of the traffic on the trunk road will not be diminished. 4. Prior to commencement of the development, details of the landscaping treatment along the trunk road boundary shall be submitted to, and approved by, the Planning Authority, after consultation with Transport Scotland. All Landscaping shall be located such that it can be installed and maintained from within the development without requiring access to the trunk road. The development shall be completed in accordance with the approved details Reason: To ensure that there will be no distraction to drivers on the trunk road and that the safety of the traffic on the trunk road will not be diminished. 5. Prior to commencement of the development, details of the fencing / barrier proposals along the trunk road boundary shall be submitted to, and approved by, the Planning Authority, after consultation with Transport Scotland. The fencing / barrier proposals shall be located in such a way that they can be erected and maintained from within the development without requiring access to the trunk road. Consideration shall also be given to the requirements for a vehicle restraint system around the service area where this bounds the trunk road. The development shall be completed in accordance with the approved details. Reason: To minimise the risk of vehicles, pedestrians and animals gaining uncontrolled access to the trunk road with the consequential risk of accidents. 6. There shall be no drainage connections to the trunk road drainage system. Reason; To ensure that the efficiency of the existing trunk road drainage is not affected. 7. 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. Page 39 of 120
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8. That any remediation works identified by the site investigation required in terms of Condition 7, 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. 9. Noise associated with the completed development shall not give rise to a noise level exceeding 10dBA at any residential properties. Reason: To safeguard the residential amenity of the area. 10. That before work commences on site, detailed design criteria for the noise mitigation measures proposed in Technical Report No. R-8968A-RGM-RRM, 8th June 2022, require to be submitted to and approved by the Planning Authority in consultation with NLC Protective Services department including the materials to be used and the acoustic performance of the following items; a. A 3m high acoustic barrier fence shall be erected to the open space between unit 1 and unit 2 as detailed in Technical Report No. R-8968A-RGM-RRM, 8th June 2022 b. Any future external service plant for the buildings, (air conditioning, refrigeration etc), shall be installed to the south elevation of the building. Reason: In the interest of the amenity of the site and the general area. 11. Prior to the occupation of the site, the following noise mitigation measures shall be installed in accordance with the details approved under condition 10 above, and the performance of each will be validated and certified by a suitably qualified individual who is a member of the Institute of Acoustics and/or a member of the Association of Acoustic Consultants and this certification will be submitted to the planning authority. a. Installation of 3m high acoustic barrier fence shall be erected to the open space between unit 1 and unit 2. Reason: In the interest of the amenity of the site and the general area. 12. The before the development is completed and either building is brough into use the existing 2m wide footway to the south side of Hagmill shall be widened to 3.5m in width between the site access and the Hagmill Road/A725 junction to the west. Reason: To accord with the Active Travel Strategy of North Lanarkshire Council. 13. That BEFORE the development hereby permitted starts, a scheme of landscaping, incorporating bio diversity gain and addressing the requirements of condition 4 above, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) shall include the biodiversity mitigation measures identified within section 5.2 of the Preliminary Ecological Appraisal (PEA). (e) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site Reason: In the interests of protecting nature conservation interests. 14. That all works included in the scheme of landscaping and planting, approved under the terms of condition 13 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of Page 40 of 120
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the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species. Reason: In the interest of the amenity of the site and the general area. 15. No development shall take place within the development area until the developer has secured implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the local Archaeological Service and approved by the Planning Authority. The scheme shall include the following: • 5% ground-breaking evaluation of that portion of the development area. • If this exercise identifies sites or objects of merit there should be proposals for further works potentially including excavation, post-excavation, publishing and archiving. Reason: In the interests of proper archaeological practice. 16. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance. Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater. 17. That the SUDS compliant surface water drainage scheme approved in terms of Condition 16 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans. Reason: To safeguard adjacent watercourses and groundwater from pollution. 18 That should no development commence within 1 year from the date of the protected species survey (September 2022) an updated survey will be required be provided for the written approval of the Planning Authority before any development starts. Following written approval by the Planning Authority, the requirements of those reports in respect to habitat and protected species protection shall be complied with in full, including securing any licences from Scottish Natural Heritage. Reason: In the interests of protecting nature conservation interests 19. That before the start of development details of all fences and walls to be erected around the site shall be submitted for the written approval of the Planning Authority. Before the buildings are brought into use the approved scheme shall be implemented. Reason: In the interest of amenity. 20 That before the buildings are brought into use all roads, yards and parking areas shall be formed in accordance with the approved plans and surfaced in a material that has been agreed in writing in advance by the planning authority. Reason: In the interests of amenity and road safety. Page 41 of 120
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Background Papers: Consultation Responses: Traffic & Transportation 13th May 2022 & 8th November 2022 Transport Scotland 8th April 2022 Environmental Health (including Pollution Control) 22nd April 2022 & 12th October 2022 NLC Greenspace 19th May 2022 The Coal Authority 6th April 2022 Scottish Gas Network No Response National Grid Plant Protection No Response Archaeology Service 7th April 2022 Sport Scotland 26th August 2022 Assistant Community Partnership Manager 16th May 2022 Play Services 30th August 2022 Contact Information: Any person wishing to inspect these documents should contact Colin Bradley at 01236 632500 Report Date: 19th Jan 2023 Page 42 of 120
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APPLICATION NO. 22/00362/FUL REPORT 1. Site Description 1.1 The application site is located adjacent to Hagmill Road and the A725, Whifflet Street in Coatbridge. The site is owned by the Council and NLC Estates have concluded missives with the applicant agreeing to sell the site. The sale is conditional on the applicant gaining planning permission albeit the applicant could proceed at any point and purchase the site. 1.2 The site itself features a small amount of rough grassland to the west and some improved and maintained grassland featuring two football goals although this is not a formalised sports pitch. 1.3 The improved grassland is bound by a post and wire fence sitting to an approximate height of 1m and is set back from the edge of the public footpath by approximately 3m. 1.4 The site is immediately to the east of an approved planning permission for the Erection of 3 no. Industrial Units including Access Road, Paths, Fences, Yards, Parking and Infrastructure (Use Classes 4, 5 & 6) through planning application reference 20/01355/FUL. This application was determined using delegated powers on the 24th May 2021. 1.5 The site measures just under 1 hectare at 9,500m2. 2. Proposed Development 2.1 This application seeks permission for the erection of 2 industrial units to a currently undeveloped piece of land adjacent to a previously approved development of 3 industrial units, (20/01355/FUL), located off Hagmill road in Coatbridge. It is intended to utilise the units for a mixture within Use Class 4, (Business) and Class 6, (Storage or Distribution) as defined by the Use Class Order 1997 (the applicant has confirmed that they are happy to restrict the uses to exclude Class 5 (General Industrial) Uses from both buildings) 2.2 The footprint of the proposed buildings are as follows 38m x 32m (unit 1) and 48m x 28m (unit 2). The height of each of the eaves of each of the units is 7.00m with a roof pitch of 6° giving an overall roof height of approximately 9.10m. Each unit has a designated yard and dedicated car parking (28 spaces for unit 1 and 30 for unit 2). 2.3 The material palette associated to the development involves a variety of composite sheeted materials, specifically designed for roof or walls finished in a mixture of anthracite and goosewing grey. It is not considered that this material palette, nor the colour scheme associated to it shall appear incongruous within this industrial location. 3. Applicant’s Supporting Information 3.1 The applicant has supplied the following documents to accompany this application; • A full suite of drawings, • Geo-Environmental and Geo-Technical Report, • Ground Condition Commentary Report, • Drainage Strategy Report, • Noise Impact Assessment, • Preliminary Ecological Assessment • Transportation Statement • Site Investigation Report 4. Site History • 20/01355/FUL Erection of 3 no. Industrial Units including Access Road, Paths, Fences, Yards, Parking and Infrastructure (Use Classes 4, 5 & 6) – Approved 24th May 2021. • 21/00664/ADV Fascia Sign – Permitted 24th June 2021. Page 43 of 120
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5. Development Plan 5.1 With regards to the North Lanarkshire Local Development Plan (2022), the site is located within an established industrial area which is covered by purpose of place policy PP2B (Local Business Centres) and AD2B (Amount of Development) in the North Lanarkshire Local Plan 2022. The proposal is also required to be considered with regards to Policies EDQ 1 (Site Appraisal), EDQ 2 (Specific Features for Consideration) and EDQ 3 (Quality of Development). The site has been long identified for industrial business use and was allocated as such in the last local plan (2012) and has been in the industrial land supply as an identified site since 1996. 6. Consultations 6.1 NLC Traffic and Transportation – no objections subject to satisfactory visibility splays being achieved, satisfactory turning spaces being provided and Transport Scotland being consulted with regards to the nearby A752 North Road / Hagmill Road Junction. 6.2 Transport Scotland were consulted, as requested by NLC Traffic & Transportation, - no objections subject to conditions with regards to lighting, landscaping, drainage and boundary treatment to the development. These conditions have been included. 6.3 NLC Protective Services - requested that a Noise Impact Assessment, (NIA), and a comprehensive Site Investigation, (SI), be undertaken with regards to this development site. It is considered that the SI may be controlled through the use of a suspensive condition and the applicant has submitted a NIA for assessment by the Environmental Health Officers, (EHO). The NIA has been reviewed and the EHO has concluded that the methodology and its conclusions are acceptable and planning conditions have been recommended. These conditions have been included. 6.4 The Coal Authority - no objections, however their standing advice should be included in any planning permission issued 6.5 NLC Greenspace - requested that a Preliminary Ecological Appraisal, (PEA), be undertaken and sought to make bio-diversity gains throughout the development to compensate for the loss of a large area of open grassland. Amongst the measures recommended are the inclusion of swift / bat boxes to the development, the planting of native hedgerows and native trees throughout the development and the inclusion of a wildlife friendly SuDS pond to the proposal. Upon receipt of the PEA, Greenspace officers were satisfied with the findings of the survey and that all mitigation and opportunities for Bio-diversity gain are undertaken. – this has been included in the conditions above. 6.6 NLC Archaeological Services - advise that the proposed development has the potential to damage previously unknown archaeological remains. As such, a suspensive planning condition has been requested specifying that 5% of the ground-breaking area be investigated. Should objects of merit be identified then further works may be required. This request shall be secured through the use of a suspensive planning condition. 6.7 Both Scottish Gas Networks and National Grid Plant Protection have been consulted and no response has been received from either of these bodies. 7. Representations 7.1 142 letter(s) of representation have been received, including one from a Monica Lennon MSP, all of which are seeking to object to the development proposal. The contents of these objection comments have been grouped together to and a response from the Planning Service shall be presented in the following paragraphs. 7.2 Comment: Increased Traffic levels Response: Both Transport Scotland and NLC Traffic & Transportation have been consulted with regards to this application. Transport Scotland did not object to the proposal, subject to the imposition of conditions relating to drainage, boundary treatments, lighting and landscaping. NLC Traffic & Transportation requested that a Transport Statement be supplied with regards to the development proposal. Upon receipt of this document NLC Traffic & Transportation confirmed they did not object to the proposal, subject to conditions. Page 44 of 120
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7.3 Comment: Increased Noise Pollution Response: NLC Protective Services have been consulted with regards to the proposed development and requested a Noise Impact Assessment, (NIA), be submitted as part of the application. Upon review of the NIA It was concluded that, subject to mitigation measures, the proposed development may be accommodated into the proposed site without detriment to residential accommodation in close proximity (this includes a restriction by planning condition preventing Class 5 Industrial Uses in both buildings) 7.4 Comment: Increased Air Pollution Response: NLC Protective Services have been consulted and did not deem it necessary to request an Air Quality Impact Assessment. (AQIA) with regards to the proposed development. 7.5 Comment: The proposal shall have a detrimental impact on road safety Response: Both Transport Scotland and NLC Traffic & Transportation have been consulted with regards to this application. Neither of these consultees have sought to object to the proposal on the grounds of road safety. 7.6 Comment: The loss of recreational ground / green space with no viable alternative locally. Response: The land in question contains an ‘informal grass kick-about pitch’ as opposed to a formalised sports pitch (this was confirmed by NLC Play Services). As such Sport Scotland were unable to give an official response to the consultation request however they stated that suitable alternative facilities should be available locally. NLC Community Partnership Team have identified an area of ground between Hagmill Road and Dunnotar Avenue that has potential for play equipment and has the benefit of being closer to the residential accommodation. It shall be for the NLC Community Partnership Team to progress this. 7.7 Comment: Ownership of Land Response: Conditional missives have been agreed between the Council and the Applicant to sell the land (having been declared ‘Surplus’ by the Policy & Resources (Regeneration & Infrastructure) Sub- Committee on the 5th September 2013). The agreed method of disposing of Council land has been followed and the sale is conditional on the applicant gaining planning permission albeit the applicant could proceed at any point and purchase the site. 7.8 Comment: Potential loss of important archaeology Response: NLC Archaeology have been consulted with regards to this application and a suspensive planning condition has been requested specifying that 5% of the ground-breaking area be investigated. Should objects of merit be identified then further works may be required. 7.9 Comment: Increased risk of flooding Response: Although the proposed ground shall increase the amount of hardstanding in the immediate vicinity of the development, it is considered that a suitable engineering solution shall be available to prevent the issue of flooding from the development – a SUDS drainage solution is proposed – conditions have been added 7.10 Comment: Existing and vacant factory units could be re-purposed rather than developing this parcel of land. Response: The Planning Service can only deal with the applications submitted to them and this is an allocated industrial business site. 7.11 Comment: The designation of the land is in question. Response: The land has been identified as part of the Industrial Land Supply since 1996. The site has been allocated for industrial/business use for some considerable time with the site being Page 45 of 120
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allocated for this use in the previous local plan which was adopted 2012 7.12 Comment: Permitting the development would have a detrimental impact on the health and wellbeing of the local community. Response: The granting of permission would result in the loss of a small, non-formalised sports pitch. NLC Community Partnership are investigating the potential to provide a replacement facility on land at Dunottar Avenue. 7.13 Comment: There was insufficient consultation from the council with the local community about the sale of this land. Response: The land has been identified as ‘Industrial Land Supply since 1996. NLC Properties were approached about the sale of this land and followed correct procedure and protocol with the land having been declared ‘Surplus’ by the Policy & Resources (Regeneration & Infrastructure) Sub- Committee on the 5th September 2013. This sale happened during the Covid lockdown albeit the agreement to dispose of the site was approved back in 2013. There is no requirement for the Council to engage with the local community before selling land. 7.14 Comment: Loss of habitat for flora and fauna Response: NLC Greenspace have been consulted with regards to this application and requested a Preliminary Ecological Assessment (PEA). The findings of this PEA found that root protection measures would be required, the scrub boundary to the southern aspect of the site should be retained and the grass mix. With regards to fauna, it was acknowledged that there would be a loss of habitat however it was determined that no protected species license from NatureScot would be required. 7.16 Comment: There is a lack of information as to what the units may be used for. Response: Although the units may be built speculatively, the type of uses permitted may be controlled through the use of a planning condition, (Use Class Scotland 1997). Furthermore, NLC Protective Services have been consulted with regards to this application and suggested that certain uses shall not be allowed without the submission of a further NIA. This has been controlled through the use of a planning condition restricting any Class 5 Industrial Use. 8. Planning Assessment The Principle of Development; 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. The Development Plan comprises the Strategic Development Plan (Clydeplan 2017) and the North Lanarkshire Local Plan (2022). 8.2 With regards to the North Lanarkshire Local Development Plan (2022), the site is located within an established industrial area which is covered by policy PP2B (Local Business Centres) and AD2B (Amount of Development) in the North Lanarkshire Local Plan 2022. Policy PP2B has a presumption of support for the continuing industrial and business character of the existing industrial and business areas. These policies have the stated aim of seeking to encourage small, medium and large sized enterprises to locate in the Local Business Centres, safeguard their character from dilution by other, inappropriate uses and support upgrading of premises, amenities, access, parking and green spaces.” Policy AD2B states “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.” 8.3 The proposal is also required to be considered with regards to Policies EDQ 1 (Site Appraisal), EDQ 2 (Specific Features for Consideration) and EDQ 3 (Quality of Development) of the North Lanarkshire Local Development Plan (2022). 8.4 Policy EDQ1 Site Appraisal states that a proposed development will be appraised in terms of the site and its surroundings to ensure it will integrate successfully into the local area and avoid harm to neighbouring amenity. The matters to be addressed in the appraisal include but are not limited to Page 46 of 120
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amongst others: • massing, height, style, finishing materials of any building or buildings on the site and surrounding Land Use Character Area. • orientation and topography of the site and surrounding Land Use Character Area. • mixture of uses in the Land Use Character Area. • building lines, plot ratios, groupings, • types of enclosure (e.g. fences, walls, hedges), • existence and quality of connections and access including site and building entrances, roads, paths and visuals on the site and surrounding Land Use Character Area • biodiversity of plants and animals on the site and surrounding Land Use Character Area • the nature and types of features to be safeguarded or enhanced on the site and surrounding Land Use Character Area • requirement for any additional assessments on the site and surrounding Land Use Character Area 8.5 Policy EDQ2 Special Features for Consideration does not generally apply as it refers to specific features on site or within close proximity such as Health and Safety Executive Consultation Zones, Flood Risk, Air Quality/Noise Quality Management Areas. Where Policy EDQ2 would apply is in terms of Contaminated Land. Since the area of land proposed for the Erection of 2 no. Industrial Units including access road, paths, fences, yards, parking and infrastructure, the Council Protective Services have been consulted and the Site Investigation and any remediation strategy are currently being assessed through a Peer-Review service, it is considered that this element of the plan is being complied with. 8.6 EDQ3 – Quality of Development – only permits development where high standard of site planning and sustainable design and development are achieved. 8.7 This site has been allocated for Industrial/Business use and given the site allocation reference NLC00295 it is considered that the principle of this application accords with policy PP2B (Local Business Centres) and AD2B (Amount of Development) of the North Lanarkshire Local Development Plan 2022. 8.8 The buildings have footprints of 38m x 32m (unit 1) and 48m x 28m (unit 2). The height of each of the eaves of each of the units is 7.00m with a roof pitch of 6° giving an overall roof height of approximately 9.10m. The material palette associated to the development involves a variety of composite sheeted materials, specifically designed for roof or walls finished in a mixture of anthracite and goosewing grey. It is not considered that this material palette, nor the colour scheme associated to it shall appear incongruous within this industrial location and taking consideration of the approved 3 industrial units immediately adjacent to the site. This is considered to satisfy the requirements of policies EDQ 1, EDQ 2 and EDQ 3 in the North Lanarkshire Local Development Plan 2022. 8.9 National Planning Framework (NPF4) has been approved by the Scottish Parliament and will become part of the development plan on 13 Feb. Although not adopted just now, it is nevertheless treated as a significant material consideration. In terms of this particular application, NPF4 is judged to be in line with the development plan assessment noted earlier. 8.10 With regards to consultees, no objection comments were received, subject to conditions as outlined in section 6 of this report. All requested conditions have been included and it is considered that the proposal may be accommodated to the proposed site without significant harm to the amenity of residents in close proximity or to road safety in the immediate vicinity. 8.11 The application has caused a significant level of consternation within the local community, as is demonstrated by the large number of representations received with regards to this application. It has been the perception of the local community that the land in question, along with the land associated to application reference 20/01355/FUL, had been allocated as a community park. This is not the case and the land has been allocated for Industrial land for some considerable time having also been included in the Council’s previous Local Plan adopted in 2012 and as part of the industrial land supply for longer. 8.12 The loss of the informal sports pitch has also been sited numerous times through-out the representations and as such, Sport Scotland were contacted to confirm the status of the pitch. It was Page 47 of 120
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considered to be an ‘Informal Pitch’ and as such Sport Scotland did not have a remit as they were not a statutory consultee however they advised that alternative provision should be supplied in close proximity. To this end, NLC Community Partnership are investigating the possibility of providing alternative fenced off sports / play equipment between Hagmill Road and Dunottar Avenue. Therefore it is not considered that there shall be a permanent loss of the community facility as a direct result of this planning application. 8.13 The sale of the Land in question has also been queried. Conditional missives have been agreed between the Council and the Applicant to sell the land (having been declared ‘Surplus’ by the Policy & Resources (Regeneration & Infrastructure) Sub-Committee on the 5th September 2013). The agreed method of disposing of Council land has been followed and the sale is conditional on the applicant gaining planning permission albeit the applicant could proceed at any point and purchase the site. 8.14 Despite the concerns of the local community and the vocal opposition to the proposal, it has been shown that the proposal is compliant to the land allocation, there have been no objections from any consultees and the council is actively seeking to accommodate the informal leisure, recreational element that would be lost. Given the above it is recommended that approval be granted for the development proposal subject to the conditions as recommended by the consultees. 9. Conclusions 9.1 In conclusion, it is considered that the proposal would comply with the principles of policy PP2B (Local Business Centres) and AD2B (Amount of Development) in the North Lanarkshire Local Plan 2022. Accordingly, and notwithstanding the objections received, it is recommended that planning permission be granted, subject to conditions. 9.2 A request has been received from Shawhead Tennant’s and Residents Association for a Hearing to take place in relation to this application. It is for the committee to determine this request in relation to the approved Hearings Protocol. Of note is that the application is not contrary to the development plan and despite the number of objections there is no consultee objection i.e. this application does not meet the criteria for a hearing. Page 48 of 120
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Application No: 22/00770/S42 Proposed Development: Construction of Wind Farm including Permanent Meteorological Mast, Site Entrance, Access Tracks, Crane Hardstandings, Control Building, Underground Cables and Temporary Construction Compound (Section 42 Application to Vary Condition 1 and Delete Condition 38 of Planning Permission 19/01292/S42 to extend the operational life from 25 years to 40 years and allow 3 years for restoration) Site Address: Site To North Of Easterton Airdrie Road Caldercruix Date Registered: 6th July 2022 Applicant: Greengairs East Wind Farm Limited Muirhall Farm Auchengray Carnwath ML11 8LL Agent: Andrew Marshall Muirhall Energy Ltd Muirhall Farm Auchengray Carnwath ML11 8LL Application Level: Major Application Contrary to Development Plan: No Ward: 08 Airdrie North Alan Beveridge,Sophia Coyle,Henry Emerson Dunbar,Richard Alan Sullivan, Representations: 1 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed variation of Condition 1 and deletion of Condition 38 of planning permission 19/01292/S42 to allow for the extension to the operational life of the wind farm to 40 years and to allow up to 3 years for restoration of the site is in accordance with the North Lanarkshire Local Development Plan (Adopted July 2022). Page 49 of 120
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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: 22/00770/S42 Name (of applicant): Greengairs East Wind Farm Limited Site Address: Site To North Of Easterton Airdrie Road Caldercruix North Lanarkshire Development: Construction of Wind Farm including Permanent Meteorological Mast, Site Entrance, Access Tracks, Crane Hardstandings, Control Building, Underground Cables and Temporary Construction Compound (Section 42 Application to Vary Condition 1 and Delete Condition 38 of Planning Permission 19/01292/S42 to extend the operational life from 25 years to 40 years and allow 3 years for restoration) Page 50 of 120
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Proposed Conditions:- 1. That the development hereby shall subsist for a period of 40 years from the date of final commissioning of the wind farm. Written confirmation of the final commissioning date shall be provided to the Planning Authority within 7 days of the final commissioning date. Within three years of the date of expiry of the planning permission, unless a further planning application is submitted and approved, the wind turbines, ancillary equipment, access tracks and buildings shall be dismantled and removed from the site and the land restored in accordance with a detailed restoration and after-care scheme to be submitted for the approval of the Planning Authority no later than 2 years prior to the expiry of the 40-year period. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended and to allow the Planning Authority to review the circumstances of the temporary permission, in the interests of the amenity of the area in the longer term, beyond the 40-year period covered by the permission. 2. That the operators shall at all times accord with the areas forming the subject of this consent in accordance with the approved plans and other supporting information, including the Environmental Impact Assessment and Supplementary Environmental Information submitted with application 12/00602/FUL and amended by the Supplementary Environmental Information submitted with application 19/01292/S42 and updated by the Supporting Statement submitted with application 22/00770/S42, except as amended by the terms of the approval hereby given and shall omit no part of the approved operations and shall not amend the development (including changes to the make, model or colour) without the prior written consent of the Planning Authority. Reason: To clarify the drawings and information on which this approval of planning permission is founded in order that the Planning Authority can retain effective control. 3. That PRIOR to the erection of any wind turbines, details of the precise positioning of each wind turbine shall be submitted to and approved in writing by the Planning Authority. The wind turbines shall be positioned, unless otherwise agreed in writing, no more than 50 metres in any direction from the location of each wind turbine as shown on the approved plans. Reason: To allow flexibility in positioning turbines and to ensure that amenity and environmental assets are protected. 4. That the number of wind turbines approved shall not exceed 8, the blade tip shall not exceed 149.9m and the power output of the wind farm shall not exceed 38.4 MW. Reason: To define the permission. Page 51 of 120
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5. That no symbols, signs or logos or other lettering, other than those required for health and safety, shall be displayed on any part of the turbines nor any other building or structures without the written consent of the Planning Authority. Reason: In the interests of the amenity of the area. 6. That all turbine blades shall rotate in the same direction. Reason: In the interests of the visual amenity. 7. That, prior to the erection or installation of any ancillary equipment or buildings on site, the design, colour and finish of the equipment and buildings shall be submitted to and approved in writing by the Planning Authority and the development shall be completed in accordance with these details. Reason: To allow the Planning Authority to consider these matters in detail. 8. The rating level of noise emissions from the combined effects of the wind turbines (including the application of any tonal penalty) when determined in context with the Guidance Notes (attached to this condition), shall not exceed the values for the relevant integer wind speed set out in, or derived from, the tables attached to these conditions at any dwelling which is lawfully existing or has planning permission at the date of this permission and: a) The wind farm operator shall continuously log power production, wind speed and wind direction, all in accordance with Guidance Note 1(d). These data shall be retained for a period of not less than 24 months. The wind farm operator shall provide this information in the format set out in Guidance Note 1(e) to the Planning Authority on its request, within 14 days of receipt in writing of such a request. b) No electricity shall be exported until the wind farm operator has submitted to the Planning Authority for written approval a list of proposed independent consultants who may undertake compliance measurements in accordance with this condition. Amendments to the list of approved consultants shall be made only with the prior written approval of the Planning Authority. c) Within 21 days from receipt of a written request from the Planning Authority following a complaint to it from an occupant of a dwelling alleging noise disturbance at that dwelling, the wind farm operator shall, at its expense, employ a consultant approved by the Planning Authority to assess the level of noise emissions from the wind farm at the complainant’s property in accordance with the procedures described in the attached Guidance Notes. The written request from the Planning Authority shall set out at least the date, time and location that the complaint relates to and any identified atmospheric conditions, including wind direction, and include a statement as to whether, in Page 52 of 120
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the opinion of the Planning Authority, the noise giving rise to the complaint contains or is likely to contain a tonal component. d) The assessment of the rating level of noise emissions shall be undertaken in accordance with an assessment protocol that shall, prior to the commencement of any measurements, have been previously submitted to and approved in writing by the Planning Authority. The protocol shall include the proposed measurement location identified in accordance with the Guidance Notes where measurements for compliance checking purposes shall be undertaken, whether noise giving rise to the complaint contains or is likely to contain a tonal component, and also the range of meteorological and operational conditions (which shall include the range of wind speeds, wind directions, power generation and times of day) to determine the assessment of rating level of noise emissions. The proposed range of conditions shall be those which prevailed during times when the complainant alleges there was disturbance due to noise, having regard to the written request of the Planning Authority under paragraph (c), and such others as the independent consultant considers likely to result in a breach of the noise limits. e) Where a dwelling to which a complaint is related is not listed in the tables (9.2 to 9.6) listed in Section 9 of the Environmental Statement AES Wind Generation May 2012 (of planning consent 12/00602/FUL), the wind farm operator shall submit to the Planning Authority for written approval proposed noise limits selected from those listed in the tables to be adopted at the complainant’s dwelling for compliance checking purposes. The proposed noise limits shall be those limits selected from the Tables specified for a listed dwelling which the independent consultant considers as being likely to experience the most similar background noise environment to that experienced at the complainant’s dwelling. The rating level of noise emissions resulting from the combined effects of the wind turbines when determined in accordance with the attached Guidance Notes shall not exceed the noise limits approved in writing by the Planning Authority for the complainant’s dwelling. f) The wind farm operator shall provide to the Planning Authority the independent consultant’s assessment of the rating level of noise emissions undertaken in accordance with the Guidance Notes within 2 months of the date of the written request of the Local Planning Authority for compliance measurements to be made under paragraph (c), unless the time limit is extended in writing by the Planning Authority. The measurements shall include all data collected for the purposes of undertaking the compliance measurements, such data to be provided in the format set out in Guidance Note 1(e). The instrumentation used to undertake the measurements shall be calibrated in accordance with Guidance Note 1(a) and certificates of calibration shall be submitted to the Planning Authority with the independent consultant’s assessment of the rating level of noise emissions. g) Where a further assessment of the rating level of noise emissions from the wind farm is required pursuant to Guidance Note 4(c), the wind farm operator shall submit a copy of the further assessment within 21 days of submission of the independent consultant’s assessment pursuant to paragraph (d) above unless the time limit has been extended in writing by the Planning Authority. Page 53 of 120
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Location Standardised wind speed at 10m height (ms-1) within the site averaged over 10- minute periods 4 5 6 7 8 9 10 11 12 Greendykeside 33 33 35 35 35 35 35 37 37 Avalon 35 35 37 37 37 37 38 38 38 Meadowfield 30 30 32 33 33 33 33 33 33 Longriggend 34 34 36 37 37 37 37 37 37 Avonhead cottage 38 38 40 40 40 41 42 42 42 Annandale 30 30 32 33 33 33 33 33 33 Meikledrumgray 29 29 31 32 32 32 32 32 32 West arbuckle 36 36 38 38 38 38 38 38 38 Midtown Farm 38 38 39 39 39 40 40 40 40 Easterton Farm 40 40 41 41 41 42 42 42 42 Caldercruix 34 34 36 37 37 37 37 37 37 Mosside cottage 30 30 32 33 33 33 33 33 33 Table 1 – Between 07:00 and 23:00 – Noise limits expressed in dB LA90, 10-minute as a function of the standardised wind speed (ms-1) at 10 metre height as determined within the site averaged over 10 minute periods. Location Standardised wind speed at 10m height (ms-1) within the site averaged over 10- minute periods 4 5 6 7 8 9 10 11 12 Greendykeside 33 33 35 35 35 35 35 37 37 Avalon 33 33 35 36 37 38 38 38 38 Meadowfield 30 30 32 32 33 33 33 33 33 Longriggend 34 34 36 36 36 36 37 37 37 Avonhead cottage 37 37 39 40 40 42 42 42 42 Page 54 of 120
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Annandale 30 30 32 33 33 33 33 33 33 Meikledrumgray 29 29 31 32 32 32 32 32 32 West arbuckle 36 36 38 38 38 38 38 38 38 Midtown Farm 37 37 38 40 40 40 40 40 40 Easterton Farm 40 40 42 42 42 42 42 42 42 Caldercruix 34 34 36 37 37 37 37 37 37 Mosside cottage 30 30 32 33 33 33 33 33 33 Table 2 – Between 23:00 and 07:00 – Noise limits expressed in dB LA90, 10-minute as a function of the standardised wind speed (ms-1) at 10 metre height as determined within the site averaged over 10-minute periods Reason: In order to protect residential amenity. 9. No development shall take place until an acoustic report has been submitted to, and approved in writing by, the Planning Authority. The acoustic report shall: i) Include final details of the wind turbines to be installed along with manufacturer warranties to show maximum sound power levels from the turbines across operational wind speeds up to 12m/s and confirm that the noise from the installed turbines shall be free from tonal characteristics or where tonal noise is present, the noise limits are met inclusive of any tonal penalty when assessed within Guidance Note 3; ii) Be conducted by a suitably competent and indep.endent consultant as approved in writing by the Planning Authority prior to the report being undertaken; iii) Comply with the provisions of ETSU-R-97: The Assessment and Rating of Noise from Wind Farms; iv) Include an assessment of the turbine noise emissions at the locations as identified in Condition 8 above, and at any other location requested in writing by the Planning Authority; and v) Indicate how far below the limits in Condition 8, the noise emissions from the turbines will be, at each location, at each wind speed. Reason: To consider this aspect in detail in order to protect residential amenity. 10. Amplitude modulation is the variation of aerodynamic noise at the rate at which the blades pass a given fixed point of their rotation. the operator shall submit a scheme, to be approved by the Page 55 of 120
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Planning Authority prior to the commencement of operation of the wind farm, for the assessment and regulation of amplitude modulation effects. The approved scheme shall apply the methodology published by Renewable UK on 16th December 2013, including any revisions applied following review by the Institute of Acoustics, or other suitable methodology endorsed as good practice by the Institute of Acoustics. This scheme shall be used by the developer to assess any complaint received by the Planning Authority which relates to Amplitude Modulation and shall be used to regulate any identified effects. Reason: In order to protect residential amenity. Guidance Notes for Noise Conditions These notes are to be read with and form part of the noise condition. They further explain the condition and specify the methods to be employed in the assessment of complaints about noise emissions from the wind turbine. The rating level at each integer wind speed is the arithmetic sum of the wind turbine noise level as determined from the best-fit curve described in Guidance Note 2 of these Guidance Notes and any tonal penalty applied in accordance with Guidance Note 3. Reference to ETSU-R-97 refers to the publication entitled “The Assessment and Rating of Noise from Wind Farms” (1997) published by the Energy Technology Support Unit (ETSU) for the Department of Trade and Industry (DTI). Guidance Note 1 (a) Values of the LA90,10 minute noise statistic should be measured at the complainant’s property, using a sound level meter of EN 60651/BS EN 60804 Type 1, or BS EN 61672 Class 1 quality (or the equivalent UK adopted standard in force at the time of the measurements) set to measure using the fast time weighted response as specified in BS EN 60651/BS EN 60804 or BS EN 61672-1 (or the equivalent UK adopted standard in force at the time of the measurements). This should be calibrated in accordance with the procedure specified in BS 4142: 2014 (or the equivalent UK adopted standard in force at the time of the measurements). Measurements shall be undertaken in such a manner to enable a tonal penalty to be applied in accordance with Guidance Note 3. (b) The microphone should be mounted at 1.2 - 1.5 metres above ground level, fitted with a two-layer windshield or suitable equivalent approved in writing by the Planning Authority, and placed outside the complainant’s dwelling. Measurements should be made in “free field” conditions. To achieve this, the microphone should be placed at least 3.5 metres away from the building facade or any sound reflecting surface except the ground at the approved measurement location. In the event that the consent of the complainant for access to his or her property to undertake compliance measurements is withheld, the wind turbine operator shall submit for the written approval of the Planning Authority details of the proposed alternative representative measurement location prior to the commencement of measurements, and the measurements shall be undertaken at the approved alternative representative measurement location. Page 56 of 120
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(c) The LA90,10 minute measurements should be synchronised with measurements of the 10-minute arithmetic mean wind and operational data logged in accordance with Guidance Note 1(d), including the power generation data from the wind turbine control systems. (d) To enable compliance with the conditions to be evaluated, the wind turbine operator shall continuously log arithmetic mean wind speed in metres per second and wind direction in degrees from north at hub height for each turbine and arithmetic mean power generated by the turbine and any noise curtailment mode in use, all in successive 10-minute periods. All 10-minute arithmetic average mean wind speed data measured at hub height shall be ‘standardised’ to a reference height of 10 metres as described in ETSU-R-97 at page 120 using a reference roughness length of 0.05 metres. It is this standardised 10 metre height wind speed data, which is correlated with the noise measurements determined as valid in accordance with Guidance Note 2, such correlation to be undertaken in the manner described in Guidance Note 2. All 10-minute periods shall commence on the hour and in 10- minute increments thereafter. (e) Data provided to the Planning Authority in accordance with the noise condition shall be provided in comma separated values in electronic format. (f) A data logging rain gauge shall be installed in the course of the assessment of the levels of noise emissions. The gauge shall record over successive 10-minute periods synchronised with the periods of data recorded in accordance with Note 1(d). Guidance Note 2 (a) The noise measurements shall be made so as to provide not less than 20 valid data points as defined in Guidance Note 2(b) (b) Valid data points are those measured in the conditions specified in the agreed written protocol under paragraph (d) of the noise condition but excluding any periods of rainfall measured in the vicinity of the sound level meter. Rainfall shall be assessed by use of a rain gauge that shall log the occurrence of rainfall in each 10-minute period concurrent with the measurement periods set out in Guidance Note 1. (c) For those data points considered valid in accordance with Guidance Note 2(b), values of the LA90,10 minute noise measurements and corresponding values of the 10- minute standardised ten metre height wind speed, as derived from site measured wind speed source agreed in writing with the Planning Authority in accordance with Guidance Note 1(d), shall be plotted on an XY chart with noise level on the Y-axis and the standardised mean wind speed on the X-axis. Least squares, “best fit” curve of an order deemed appropriate by the independent consultant (but which may not be higher than a fourth order) should be fitted to the data points and define the wind farm noise level at each integer speed. Page 57 of 120
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Guidance Note 3 (a) Where, in accordance with the approved assessment protocol under paragraph (d) of the noise condition, noise emissions at the location or locations where compliance measurements are being undertaken contain or are likely to contain a tonal component, a tonal penalty is to be calculated and applied using the following rating procedure. (b) For each 10 minute interval for which LA90, 10 minute data have been determined as valid in accordance with Guidance Note 2 a tonal assessment shall be performed on noise emissions during 2 minutes of each 10 minute period. The 2 minute periods should be spaced at 10 minute intervals provided that uninterrupted uncorrupted data are available (“the standard procedure”). Where uncorrupted data are not available, the first available uninterrupted clean 2 minute period out of the affected overall 10 minute period shall be selected. Any such deviations from the standard procedure, as described in Section 2.1 on pages 104-109 of ETSU-R-97, shall be reported. (c) For each of the 2 minute samples the tone level above or below audibility shall be calculated by comparison with the audibility criterion given in Section 2.1 on pages 104 - 109 of ETSU-R-97. (d) The average tone level above audibility shall be calculated for each wind speed bin, each bin being 1 metre per second wide and centred on integer wind speeds. Samples for which the tones were below the audibility criterion or no tone was identified, a value of zero audibility shall be substituted. (e) The tonal penalty is derived from the margin above audibility of the tone according to the figure below: Guidance Note 4 (a) If a tonal penalty is to be applied in accordance with Guidance Note 3 the rating level of the turbine noise at each wind speed is the arithmetic sum of the measured noise level as determined from the best fit curve described in Guidance Note 2 and the penalty for tonal noise as derived in Page 58 of 120
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accordance with Guidance Note 3 at each integer wind speed within the range specified by the Planning Authority in its written protocol under paragraph (d) of the noise condition. (b) If no tonal penalty is to be applied then the rating level of the turbine noise at each wind speed is equal to the measured noise level as determined from the best fit curve described in Guidance Note 2. (c) In the event that the rating level is above the limit(s) set out in the Tables attached to the noise condition, or the noise limits for a complainant’s dwelling approved in accordance with paragraph (e) of the noise condition, the independent consultant shall undertake a further assessment of the rating level to correct for background noise so that the rating level relates to wind turbine noise emission only. (d) The wind turbine operator shall ensure that all the wind turbines in the development are turned off for such period as the independent consultant or Planning Authority requires in order to undertake the further assessment. The further assessment shall be undertaken in accordance with the following steps: (e) Repeat the steps in Guidance Note 2, with the wind turbine switched off, in order to determine the background noise (L3) at each integer wind speed within the range requested by the Planning Authority in its written request under paragraph (c) and the approved protocol under paragraph (d) of the noise condition. (f) The wind turbine noise (L1) at this speed shall then be calculated as follows where L2 is the measured level with the turbine operating but without the addition of any tonal penalty: (g) The rating level shall be re-calculated by adding arithmetically the tonal penalty (if any is applied in accordance with Note 3) to the derived wind farm noise L1 at that integer wind speed. (h) If the rating level after adjustment for background noise contribution and adjustment for tonal penalty (if required in accordance with Guidance Note 3 above) at any integer wind speed lies at or below the values set out in the Tables attached to the conditions or at or below the noise limits approved by the Planning Authority for a complainant’s dwelling in accordance with paragraph (e) of the noise condition then no further action is necessary. If the rating level at any integer wind speed exceeds the values set out in the Tables attached to the conditions or the noise limits approved by the Planning Authority for a complainant’s dwelling then the development fails to comply with the conditions. Page 59 of 120
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11. That prior to the commencement of development a Primary Radar Mitigation Scheme setting out measures to be taken to prevent the impairment of the performance of the aerodrome navigation aids and the efficiency of air traffic control services at Glasgow Airport must be submitted to, and approved by, the Planning Authority, in consultation with Glasgow Airport Limited. Reason: In the interest of aviation safety 12. No wind turbine forming part of the development shall be erected other than in accordance with the approved Primary Radar Mitigation Scheme. Reason: In the interest of aviation safety. 13. The development must be constructed, commissioned and operated at all times fully in accordance with the approved Primary Radar Mitigation Scheme Reason: In the interest of aviation safety. 14. No part of any turbine shall be erected until a Primary Radar Mitigation Scheme agreed with the Operator has been submitted to and approved in writing by the Planning Authority in order to avoid the impact of the development on the Primary Radars of the Operator located at Lowther Hill, Cumbernauld, Glasgow and Kincardine and associated air traffic management operations. Reason: In the interests of aviation safety and in order to ensure suitable mitigation relating to the impact of the development on the performance of aerodrome navigation aids and/or the efficiency of air traffic control at Glasgow Airport and associated air traffic management operations of the NATS Prestwick Centre. 15. No part of any turbine shall be erected above ground until the approved Primary Radar Mitigation Scheme has been implemented and the development shall thereafter be operated fully in accordance with such approved Scheme. Reason: In the interests of aviation safety and in order to ensure suitable mitigation relating to the impact of the development on the performance of aerodrome navigation aids and/or the efficiency of air traffic control at Glasgow Airport and associated air traffic management operations of the NATS Prestwick Centre. 16. That the turbines shall not be brought into operation until the applicant has demonstrated that they have agreed with the Ministry of Defence, NATS and CAA the following information: • Construction start and end dates of the turbines; • The position of the turbine towers in latitude and longitude; • The height of the turbines in metres above ordnance datum and above ground level; and • The proposed methodology for lighting the turbines Page 60 of 120
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Reason: In the interests of aviation safety. 17. That turbines 1, 4, 6 and 8 shall be fitted with 25 candela omni-directional red lighting or infrared lighting with an optimised flash pattern of 60 flashes per minute of 200ms to 500ms duration at the highest practicable point unless otherwise agreed in writing with the Planning Authority in consultation with the MOD. Written confirmation that the lighting has been installed to the satisfaction of the MOD shall be submitted within 2 months of the turbines being operational. Reason: In the interests of aviation safety. 18. That prior to the commencement of any works, a full site specific Waste Management Plan shall be submitted to and approved in writing by the Planning Authority (in consultation with SEPA) and thereafter all work shall be carried out in accordance with the approved plan. For the avoidance of doubt this shall consider details on position of water quality monitoring points (prior to construction taking place) following the establishment of a baseline on water quality. For the avoidance of doubt the program of hydrological monitoring shall be undertaken as set out in the letter from AES to SNH dated April 2015. Reason: To avoid any significant harm to the environment. 19. The approved Habitat Management Plan shall be implemented in full for the duration of the operational life of the wind farm, unless otherwise agreed by the Planning Authority. For the avoidance of doubt, the approved Habitat Management Plan shall incorporate the habitat enhancement measures referred to in paragraph 12.1.4 and outlined in appendix 12.C of the Environmental Statement (AMEC May 2012). Reason: To ensure that the measures outlined in the approved Habitat Management Plan are carried out in accordance with the agreed scheme. 20. Notwithstanding the terms of condition 19 above the approved Habitat Management Plan shall make provision for the formation of a Habitat Management Group (HMG) to monitor implementation of the plan. Should the Habitat Management Group amend the plan approved in terms of condition 19 above, the agreed plan as amended shall thereafter be implemented in full. Reason: In the interests of ensuring that the approved Habitat Management Plan is carried out in accordance with the agreed scheme. 21. Notwithstanding the terms of conditions 19 and 20 above the approved Habitat Management Plan as may be amended by the Habitat Management Group shall be submitted to the Planning Authority for review every 12 months from initial approval until decommissioning and restoration of the site unless otherwise agreed in writing by the Planning Authority. Page 61 of 120
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Reason: To allow the Planning Authority to consider these aspects in detailed 22. The Habitat Management Plan approved under the terms of conditions 18 and 19 above or as amended shall operate until the decommissioning and restoration of the site. Reason: In the interests of ensuring that the approved Habitat Management Plan is carried out in accordance with the agreed scheme 23. That the developer shall appoint an independent Ecological Clerk of Works (ECoW) to monitor the agreed Habitat Management Plan Area (HMPA) for the duration of the operational life of the wind farm. Reason: To ensure that the required ecological mitigation works included in the Habitat Management Plan are implemented. 24. That the access junction upgrading works shall be implemented in full, and to the written satisfaction of the Planning Authority, prior to any construction works starting on site. Reason: In the interest of Road Safety. 25. That BEFORE the development hereby permitted starts, details of mitigation for potential ice throw shall be submitted to and approved in writing by the Planning Authority. Reason: In the interests of public safety 26. Should shadow flicker problems be identified within three years of the date of final commissioning of the wind farm, details of measures to overcome shadow flicker problems at any affected receptor shall be submitted to, and approved in writing, by the Planning Authority within two months of the first report of problems; thereafter the approved measures shall be brought into operation and shall continue throughout the operation of the wind turbine except as may be agreed in writing by the Planning Authority. Reason: In order overcome potential nuisance to receptors through shadow flicker and to clarify the start and end date of the three-year limitation period during which any potential effects are to be identified. 27. That before any turbine is erected on site, a survey of television signal reception (the scope of which to be agreed in advance with the Planning Authority) shall be submitted to the Planning Authority. Reason: To establish a baseline against which to assess the impact of the wind turbine on television reception. Page 62 of 120
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28. That except as may otherwise be agreed in writing by the Planning Authority, within one month of the approved wind turbines coming into operation a report covering the effect of the wind turbines on local television signal reception shall be submitted to the Planning Authority; thereafter any approved measures for overcoming television reception interference shall be brought into operation within two months of the reports submission to the Planning Authority unless otherwise agreed in writing with the Planning Authority. For the avoidance of doubt the report shall include measures to ensure public engagement. Reason: In order to overcome any television reception interference caused by the wind turbine. 29. Restoration shall be implemented in accordance with the approved Detailed Restoration Scheme and Condition 37 of planning permission 19/01292/S42. Reason: To ensure that comprehensive and appropriate restoration of the site is secured. 30. That before development begins, a scheme of protection measures for the protection of the Avonhead Colliery during construction works shall be submitted to and approved in writing by the Planning Authority. The scheme as approved shall thereafter be implemented in accordance with the approved details. Reason: To ensure the protection of the scheduled monument. 31. The aftercare of the site shall be implemented in accordance with the approved Detailed Aftercare Scheme and Condition 40 of 19/0129/S42. Reason: To ensure that comprehensive and appropriate restoration of the site is secured. 32. All work shall be carried out in accordance with the approved Peat Management Plan. For the avoidance of doubt this shall involve the following: • Working practises for the removal and storage of peat on site. • Reuse of peat on site. • Removal of peat from the site. • Quality of peat on site. • Interaction of the Peat Management Plan and Habitat Management Plan. • The timetables schedule of the management of the Peat Management Plan. • An updated Peat Slide Hazard Risk Assessment (PSHRA) which must include full details of all mitigation necessary to avoid, or reduce to acceptable levels, the risk of peat slide. • Confirmation that the appointed ECoW will ensure that the peat storage, reuse and restoration proposals are adhered to and will oversee the works and practices as outlined in the revised PMP (May 2020 Doc Number 1221808). Page 63 of 120
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Reason: To ensure that the peat habitat is not significantly affected by this development. 33. The development shall be implemented in accordance with the approved Construction Method Statement and Environmental Management Plan. Reason: In the interests of the amenity of the area, to ensure that necessary contingencies are in place, to minimise pollution risks arising from construction activities, and to ensure the site is satisfactorily restored. 34. At least one month before development begins, a revised bond or other form of financial guarantee to secure the cost of performance of site restoration and aftercare obligations shall be submitted for the written approval of the Planning Authority. No development may commence until the bond or other form of financial guarantee is approved by the Planning Authority and is in place to the satisfaction of the Planning Authority. The bond or other form of financial guarantee shall be maintained until the date of completion of all restoration and aftercare obligations. The value of the financial guarantee shall be determined by a suitably qualified independent professional valuer as being sufficient to meet the costs of all outstanding restoration and aftercare obligations. The value of the financial guarantee shall be reviewed by a suitably qualified independent professional valuer at least once every five years and adjusted to take account of any variation in the cost of compliance with the then outstanding restoration and aftercare obligations. Before each determination or periodic review of the value of the financial guarantee, the independent professional valuer shall be required to submit a written valuation report to the Planning Authority and the operator and invite submissions from the Planning Authority and the operator on the proposed value of the financial guarantee. The cost of engaging the independent professional valuer shall be borne by the operator. Reason: To ensure that there are sufficient funds to secure performance of restoration and aftercare obligations. Page 64 of 120
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Background Papers: Consultation Responses: (1) NLC Protective Services received 11th July 2022 (no objection) (2) NLC Traffic & Transportation 20th July 2022 (no objection) (3) Scottish Environment Protection Agency received 20th September 2022 (no objection) (4) Cumbernauld Airport Ltd received 7th July 2022? 20th September 2022 (objection) (5) Edinburgh Airport received 12th July 2022 (no objection) (6) Glasgow Airport received 22nd July 2022 and 15th December 2022 (no objection) (7) National Air Traffic Services (Safeguarding) received 11th July 2022 (no objection) (8) Ministry of Defence Estates received 22nd July 2022 (no objection) (9) Atkins Global received 7th July 2022 (no objection) (10) SP Energy Networks received 16th September 2022 (no objection) (11) Nature Scotland received 5th September 2022 (no objection) (12) Historic Environment Scotland received 19th July 2022 (no objection) (13) The Coal Authority received 29th July 2022 (no objection) (14) Royal Soc. for the Protection of Birds – no response (15) Scottish Gas Network – no response (16) Falkirk Council – no response Contact Information: Any person wishing to inspect these documents should contact Ann McGregor at 01236 632500 Report Date: 23 January 2023 Page 65 of 120
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APPLICATION NO. 22/00770/S42 REPORT 1. Background and Site Description 1.1 Members will recall that this application was first presented to the meeting of the Planning Committee on 13 October 2022. At that time the application was the basis of an objection from Glasgow Airport. The applicant asked that consideration of the application be deferred to allow the objection from Glasgow Airport to be addressed, and committee agreed to that request. Subsequently, as noted below, the matter has now been addressed. 1.2 The application site extends to 200 hectares and is located on land north of Easterton, Airdrie Road and east of Greengairs Landfill site. The site benefits from planning permission for a wind farm consisting of 8 turbines each with a height of 149.9m (to blade tip) and with total maximum capacity of 36MW (Planning Reference 19/0129/S42 granted on the 24th September 2020). The consented wind farm is expected to provide sufficient electricity to power 32,835 homes per year and offset 55,099 tonnes of CO2 emissions per year. 1.3 The site is characterised by worked bog peatland with evidence of coal mining legacy and peat cutting. There are intermittent patches of small trees and lower lying scrub mainly following the remains of a railway solum along the dismantled rail track to the southwest of the site. The site is crossed by numerous linear drainage channels dissecting the area of peat working. The site contains a Site of Importance for Nature Conservation (peatland habitat) which is contained in the northern part of the site covering only a small part of the designation. A Site of Special Scientific Interest (Longriggend Moss) is located to the east of the SINC. Historic remains of Avonhead colliery (scheduled monument) lie within the northern edge of the site. The site boundary is located to the south and west of Longriggend (west of Telegraph Road) and equidistant from Caldercruix, Plains and Greengairs. Land to the south is characterised by open agricultural fields and forest plantation with the settlement of Caldercruix lying beyond. The site is bounded to the north and west by open fields. It is irregular in shape and extends to approximately 200 hectares. Access to the site is from Telegraph Road, Longriggend which forms the eastern boundary of the site. The site is relatively flat or gently sloping in areas. 2. Proposed Development 2.1 The planning application is submitted under Section 42 of the Town and Country Planning (Scotland) Act 1997 and seeks only to vary condition 1 (operational life of the wind farm) and to remove condition 38 (restoration of wind farm) of planning permission 19/01292/S42. Condition 1 of the current consent provides that the wind farm shall subsist for a period of 25 years from the first date of generation of electricity and that within six months of the expiry of the consent, the wind farm infrastructure shall be removed and the land restored in accordance with a detailed restoration scheme to be submitted to the Planning Authority for approval within two years of the expiry of the 25 year period. Page 66 of 120
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2.2 The current application proposes amendments to the wording of Condition 1 to allow for an extension of the operational life of the proposed wind farm from 25 years (as detailed and approved in 19/01292/S42) to 40 years and to amend the period within which the ancillary equipment, access tracks and buildings shall be dismantled and removed from the site and land restored from six months from the expiry date of the permission (as detailed and approved in 19/01292/S42) to three years from the day of expiry of the permission. The current application also proposes that Condition 38 of planning permission 19/01292/S42, which provides that the site is restored within one year of the date of cessation of the site operation, is deleted. The Applicants believe that this matter can be regulated by detailed restoration and after-care scheme provisions in the proposed reworded Condition 1. 2.3 Conditions 1 and 38 of the existing consent (19/01292/S42) are set out below. Condition 1: That the development hereby shall subsist for a period of 25 years from the first date of generation of electricity from the development to the grid. Written confirmation of the first date of electricity generation shall be provided to the Planning Authority within 7 days of the electricity first being generated. Within six months of the end of the planning permission, unless a further planning application is submitted and approved, the wind turbines, ancillary equipment, access tracks and buildings shall be dismantled and removed from the site and the land restored in accordance with a detailed restoration and after-care scheme to be submitted for the approval of the Planning Authority no later than 2 years prior to the expiry of the 25 year period. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006 and to allow the Planning Authority to review the circumstances of the temporary permission, in the interests of the amenity of the area in the longer term, beyond the 25 year period covered by the permission. Condition 38: Unless otherwise agreed in writing with the Planning Authority and notwithstanding the terms of condition 37, the site shall be fully restored within one year from the date of cessation of the site operation. Reason: To ensure the timeous restoration of the site. Page 67 of 120
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3. Applicant’s Supporting Information 3.1 A Supporting Statement has been submitted with the application to supplement both the original Environmental Impact Assessment (approved under planning permission 12/00602/FUL) and the most recent Environmental Impact Assessment Report and Technical Appendices dated October 2019 and approved under planning permission 19/01292/S42. 3.2 The Supporting Statement sets out a justification for the proposed variation of Condition 1 and deletion of Condition 38 of the existing planning permission and cites specific examples of current practice across Scotland where planning conditions have allowed for operational periods of up to 50 years and restoration periods of up to 3 years following decommissioning. The Supporting Statement also addresses matters concerning the potential likelihood of additional or new significant environmental effects resulting from the proposed extension to the operation of the wind farm, including effects on landscape, ecology, ornithology, traffic and transport, noise, geology, hydrology and hydrogeology, historic environment, shadow flicker, aviation and decommissioning. The Statement concludes that the proposal will not result in any change to the existing situation and that no significant effects will arise as a result of the proposed increase to the operational life of the consented wind farm. 4. Site History 4.1 Planning permission was originally approved for a wind farm consisting of eight turbines each with a height of 125m to blade tip and a capacity of 24MW (Planning Reference: 12/00606/FUL) in January 2019. In September 2020, the Applicant submitted an application under Section 42 of the Act to revise the turbine layout and to increase the turbine height to149.9m to blade tip with a resultant increase in capacity to 36MW (Planning Reference: 19/01292/S42). Suspensive Conditions 7, 8, 9, 10, 15, 24, 30, and 32 of the existing consent (19/01292/S42) have been fully discharged and do not require to be duplicated should planning permission be granted. Those parts of Conditions 25, 37 and 40 that require to be satisfied before the development could commence have also been discharged. However, in each case, the conditions require to be reworded and to remain in force until the end of the compliance period and/or operational life of the wind farm to ensure ongoing regulation and/or mitigation. A Notice of Initiation of Development providing an anticipated date of 10 January 2021 for commencement of the works was submitted in January 2021. It is understood that the wind farm is currently in the initial phase of construction. 4.2 Also relevant to the site history are proposed and proximal wind farm developments. They include 2 existing turbines at Greendykeside wind farm (approved under Planning Reference 04/01624/FUL) each with a height of 99 metres to blade tip. The turbines are located approximately 850 metres north of the current application site. Planning permission was also approved for nine turbines each with a height of 125 metres to blade tip at Greengairs Landfill Site Meikle Drumgray Road Greengairs (approved under Planning Reference 19/00707/S42); a related application to extend the Page 68 of 120
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operational life of the consented wind farm from 25 to 30 years (Planning Reference: 22/00817/S42) is now under consideration. 5. Development Plan 5.1 Schedule 14 of the Strategic Development Plan-Clydeplan (SDP) 2017 determines thresholds where development may reasonably be considered strategic. In this case the proposal being greater than 20 MW is considered of strategic significance. The schedule is intended to clarify the scale of development that is likely to have an impact on the SDP Vision and Spatial Development Strategy. However, strategic development proposals also require to be assessed against Diagram 10: Assessment of Development Proposals of the SDP. 5.2 The site is designated as Countryside in the North Lanarkshire Local (Adopted 6th July 2022) where Policy PP5 Purpose of Place applies. Policies PROM ID2 Utilities Improvements (Renewable Energy) and EDQ 3 Quality of Development are also relevant. 5.3 The provisions in Section 42 of The Town and Country Planning (Scotland) Act 1997 as amended by the Planning (Scotland) Act 2019 and procedures in Circular 3/2013 Development Management Procedures are vital to the consideration of the application. 5.4 The following policy statements and non-statutory guidance are also material to the determination of the current application: (1) National Planning Framework 3 (NPF3). (2) Draft National Planning Framework 4 (NPF4). (3) Scottish Planning Policy (SPP) 2014. (4) The Climate Change (Emissions Reductions Targets) (Scotland) Act 2019. (5) SG Onshore Wind Policy Statement 2017 (6) North Lanarkshire Council’s Landscape Capacity Study for Wind Turbine Development (7) Supplementary Planning Guidance 12 ‘Assessing planning applications for wind turbine developments’ is also relevant. (8) CAA Policy and Guidelines on Wind Turbines CAP 764 6. Consultations 6.1 A summary of responses from consultees is set out below: (1) NLC Protective Services has raised no objection to the proposed development provided that the noise conditions previously applied to planning permission19/01292/S42 continue to be applied to the current proposals if approved. Page 69 of 120
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(2) NLC Transportation has raised no objection to the proposed development provided that the transportation conditions previously applied to planning permission 19/01292/S42 continue to be applied to the current proposals if approved. (3) Scottish Environment Protection Agency has no objection to the proposed development subject to the continuation and application of conditions relative to the approved Habitat Management Plan and Peat Plan. (4) Cumbernauld Airport Ltd has objected to the proposed development on the basis that light aircraft may experience control difficulties as a result of the cumulative effect of turbines in the vicinity of the airport. It is recognised that aircraft wake vortices can be hazardous to other aircraft, and that wind turbines produce wakes of similar, but not identical, characteristics to aircraft. Currently, there is no known method of linking the two. Published research shows measurements at 16 rotor diameters downstream of the wind turbine indicating that turbulence effects are still noticeable. In respect of the current application 16 rotor diameters (or 16 X 118m) is equivalent to 1,888 metres and therefore less than 2KM. Cumbernauld Airport is approximately 8KM from the consented wind farm. There are currently no Mandatory Occurrence Reports (MOR)18 or aircraft accident reports related to wind turbines in the UK. Furthermore, the CAA is not aware of any formal flight trials to investigate wake effects behind operating wind turbines and with regard to wind turbines of larger RD than 30m, the CAA advice is that they are subject to further investigations and until the results of the investigations are available, discussions between aerodrome managers and wind farm developers are encouraged, taking note of existing CAA safeguarding guidance. (5) Edinburgh Airport has raised no objection to the proposed development. (6) Glasgow Airport has raised no objection to the proposed development. (7) NATS Safeguarding Services has raised no objection to the proposed development. (8) Ministry of Defence Estates has no objection to the proposed development subject to the conditional requirements for installing MOD accredited lighting onto the turbines (Condition 17 as recommended above) and providing MOD with information to ensure that the development is appropriately charted (Condition 16 as recommended above) are carried forward on to any new planning permission that may be issued (9) Atkins Global has no objection to the proposed development. (10) SP Energy Networks has no objection to the proposed development. (11) Nature Scotland has no objection to the proposed development noting that whilst the development could affect natural heritage interests of national importance, effects can be mitigated through a Construction Environmental Management Plan CEMP, Habitat Management Page 70 of 120
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Plan and Peat Slide Hazard Risk Assessment. Nature Scotland has advised that an appropriate assessment is required to assess the impact of the proposed development on various sensitive locations and that the previous Appropriate Assessment remains valid. (12) Historic Environment Scotland has no objection to the proposed development subject to the continuation of a condition to that ensure protection of the scheduled monument Avonhead Colliery (SM9675) through temporary fencing throughout the duration of the construction works. (Condition 30 as recommended above) (13) Scottish Environment Protection Agency has no objection to the proposal. (14) The Coal Authority has no objection to the proposed development noting that Conditions 9 and 10 of 19/01292/S42 need not be duplicated on any reissued consent 7. Representations 1 letter(s) of representation received. 1 letter of representation has been received from Bidwells on behalf of Albert Bartlett. The primary concerns raised relate to the potential cumulative impacts from shadow flicker and noise. The Applicant has requested that up-to-date shadow flicker assessments as well as updated cumulative noise impact assessments are submitted to the Planning Authority for approval to ensure that any adverse effects on land within Albert Bartlett’s ownership can be mitigated and measures enforced to protect the amenities of prospective occupiers of any proposed development on this land. An additional visual assessment from the west and from the location of the path to the Stanrigg Memorial as it adjoins the public highway, should be undertaken to ensure that any future development on Albert Bartlett’s land is not significantly impacted. Response: It is noted that the representation does not object or support the Application. The current Section 42 application seeks only to extend the period in which the wind farm is permitted to operate (from 25 to 40 years) and to allow a three-year period for decommissioning. There are no proposed changes to the physical layout or specification of the wind farm which would alter shadow flicker, noise or visual impacts previously assessed under planning permission 19/01292/S42. It is noted that concerns raised relate to the age of existing environmental assessments. The original Environmental Impact Assessment submitted in 2012 and the updated supplemental EIA Report submitted in 2019 in support of the consented wind farm includes a detailed assessment of the environmental matters raised and remains valid. A further EIA screen check has been undertaken in respect to the current application and proposed extension to the operational life of the consented wind farm. It is considered that a further EIA is not required as the proposal does not give rise to significant effects. The wind farm is now in the early phase of construction and in view of the nature Page 71 of 120
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of the current proposal and with no evidence of significant changes that would warrant updated assessments, the Council has no basis to request updated assessments under the current S42 Application. Condition 2 of 19/01292/S42 (reproduced in Condition 2 above) will remain in force should permission be granted to ensure that the wind farm is constructed and operated in accordance with the existing EIA Report and associated mitigation measures. In relation to concerns regarding noise, it is recommended that if planning permission is approved, Conditions 12, 13 and 14 and guidance notes 1- 4 of Planning Permission 19/01292/S42 which seek to regulate noise levels and specify methods to be employed in the assessment of complaints about noise, remain in force. The conditions are reproduced in Conditions 8, 9 and 10 above. In relation to matters concerning shadow flicker, it is recommended that if planning permission is approved Condition 34 of planning permission 19/01292/S42 which seeks to overcome potential nuisance to receptors through mitigation of shadow flicker, remains in force. This condition is reproduced in Condition 26 above. The above matters are summarised in more detail in Section 3.4 of the Supporting Statement submitted alongside the current application. Whilst the current Section 42 Application would grant a new planning permission, the existing planning permission (19/01292/S42) has been initiated and construction of the wind farm has already commenced. If planning permission for the extension to the operational and restoration periods is not granted, the consented wind farm would still be constructed under the existing planning permission. 8. Planning Assessment 8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 (‘the Act’) requires that the application is determined in accordance with the development plan unless material considerations indicate otherwise. Section 42 (2) of the Act requires that in determining an application under this section, the Planning Authority must consider only the question of the conditions subject to which planning permission should be granted. Where it is decided that permission should be granted subject to conditions differing from those to which the previous permission was granted, the Planning Authority may amend any of the original conditions attached previously which it considers necessary to regulate the development. 8.2 The existing consent is subject to a condition which imposes an operational period of twenty-five years commencing from the first date of generation of electricity from the development to the grid and an obligation on the part of the developer to confirm to the Planning Authority the date of electricity generation within 7 days of the electricity first being generated in order that the operational period is clearly defined. The condition also requires that turbines, ancillary equipment, access tracks and buildings are to be dismantled within 6 months of the expiry of the planning permission. Thereafter, the site is to be restored in accordance with a detailed restoration and after-care scheme to be approved by the Planning Authority no later than 2 years prior to the expiry of the 25-year Page 72 of 120
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period. These requirements are regulated by Condition 1 of the consent. A further condition (Condition 38) of the consent requires that the site is to be fully restored within one year from the date of cessation of the site operation. 8.3 The current application seeks only to modify Condition 1 (Operational Period of the Wind Farm) of the existing consent to allow for: a) an increase in the operational period of the wind farm from 25 years as approved to 40 years and; b) an extended period of restoration from 6 months as approved to three years from the date of expiry of the planning permission. Further variation to the wording of Condition 1 is proposed to allow for the operational period to subsist from the date of ‘final commissioning of the development’ rather than from ‘the first date of generation of electricity from the development to the grid’ as approved. The application also proposes deletion of Condition 38 (Period of Restoration) from the existing consent since restoration would be addressed in the proposed variation of Condition 1, if approved. An EIA screen check has been undertaken and it is considered that a further EIA is not required as the proposal does not give rise to significant effects. 8.4 The existing consent (19/0129/S42) which was approved on the 24th September 2020 remains valid. The current application, submitted under Section 42 does not alter the validity of the existing consent nor does it alter the status of the development, which is now in the early phase of implementation. The principle of siting, layout, number and height of turbines and access to the wind farm has already been established through the existing consent. Whilst it was considered in the previous scheme that environmental impacts could be minimised through mitigation, the Committee must have regard to the possibility or likelihood of new or additional environmental effects as a consequence of allowing an extension to the operational life of the wind farm. Regard must also be had to the operational efficiency of the turbines for the duration of the extended permission to ensure that any turbines which become redundant during the extended operational period, if approved, will be decommissioned and removed from the site. 8.5 The key issues for consideration therefore relate to the following matters only: (1) Whether the proposal gives rise to any additional environmental effects. (2) The extent to which the proposal continues to comply with relevant development plan policy. (3) Material considerations. (4) Justification for the proposed extension to the operational and restoration periods Environmental Considerations 8.6 An Environmental Statement was submitted in support of the original approved application (12/00602/FUL). This was followed by an updated supplemental Environmental Impact Assessment Report submitted in support of the approved application (19/01292/S42), where it was determined that sufficient evidence existed to demonstrate that, subject to conditions and mitigation, the wind farm could be accommodated on the site without causing significant environmental effects. Page 73 of 120
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8.7 In determining the current application for an extension to the operational life of the wind farm, the Committee must have regard to the any environmental effects that could result as a consequence of allowing the extension. 8.8 A Supporting Statement has been submitted with the application which provides an updated assessment of the key environmental considerations: (1) Landscape and Visual Impact:- The magnitude of change relative to landscape and visual effects is unaffected by the proposal. It is acknowledged however, that visual impacts experienced by receptors in the nearby communities of Longriggend and Caldercruix will endure for a further period of 15 years, although equally it is anticipated that the affected receptors will be accustomed to experiencing the wind farm within the landscape during its operational life. (2) Ecology:- The proposed extension to the operational period will not result in any additional or significant adverse impacts on habitat. Effects will continue to be mitigated through the Construction Environmental Management Plan (CEMP) as imposed by Condition 33 above; through annual reviews of the Habitat Management Plan in accordance with Condition 21 above and; through the approved Peat Slide Hazards Risk Assessment in accordance with Condition 32 above. Nature Scotland has raised no objection to the proposal subject to the continuation of the above conditions. (3) Ornithology:- As required under Council Directive 79/409/EEC on the conservation of wild birds (“Birds Directive”) and Council Directive 92/432/EEC on the conservation of natural habitats and of wild fauna and flora (“Habitats Directive”), the Council has undertaken an Appropriate Assessment (AA) and appraisal of impacts on the Forth Islands SPA and separately, an AA and appraisal of the impacts on the Outer Firth of Forth and St Andrews Bay Complex SPA. Both assessments concluded that all conservation objectives will be met and that there will be no adverse effects on the integrity of either SPA. Nature Scotland has raised no objection to the proposal. (4) Traffic and Transport:- NLC Roads has not objected to the proposal subject to conditions relating to upgrading works to the access junction. The proposal will have no new or additional effects on traffic or transport during the construction and operational phases. (5) Noise:- The original approved Environmental Statement and supplemental Environmental Impact Assessment Report submitted in support of the 2019 application, predicted operational noise levels at the residential receptors would be within recommended noise limits. NLC Protective Services has raised no objection to the proposed development provided that the noise conditions previously applied to planning permission19/01292/S42 will continue to be applied to the current proposals if approved. It is recommended that the relevant conditions remain in place to ensure that noise levels remain within recommended noise limits for the duration of the operational period. Page 74 of 120
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(6) Geology, Hydrology and Hydrogeology:- Condition 2, above, will continue to ensure that the proposed mitigation measures are undertaken in accordance with the approved original Environmental Statement and supplemental Environmental Impact, including, inter alia, excavation works are completed during periods of dry weather to restrict pooling / surface run-off and to limit potential infiltration of dirty or contaminated surface water to the water table. NLC Protective Services has raised no objection to the proposal. Similarly, SEPA has raised no objection subject to the continuation of conditions relating to the approved Habitat Management Plan and Peat Plan. (7) Historic Environment:- The proposal does not give rise to additional impacts on the historic environment beyond those identified in the original Environmental Statement. Historic Environment Scotland has raised no objection to the proposed development subject to the continuation of a condition to that ensure protection of the scheduled monument Avonhead Colliery (SM9675), through temporary fencing throughout the duration of the construction works. Condition 30 is recommended accordingly. (8) The Scottish Government Onshore Wind Farms factsheet indicates that shadow flicker should not be an issue where a separation distance of 10 rotor diameters is retained between the turbine and the nearest dwelling. In this instance 10 rotor diameters equates to 1380 metres. The nearest property that may be affected by shadow flicker is Avonhead Cottage to the north which is approximately 745 metres from the turbines. The original Environmental Statement concluded that Avonhead Cottage may experience shadow flicker as a result of the proximity of the turbines to this receptor and a condition was attached accordingly to monitor the impacts of shadow flicker on the occupiers of Avonhead Cottage and to ensure that the developers of the wind farm would address any adverse effects on this property through mitigation should any complaints arise. If planning permission is granted for the extension to the operation and restoration periods, this condition would remain enforce for three years after the date of the erection of the turbines. Minor rewording of the condition is recommended to provide clarity in respect to the start date of the three-year limitation period in which the occupiers may make a claim if necessary. Reason: In order overcome potential nuisance to receptors through shadow flicker and to clarify the start and end date of the three-year limitation period during which any potential effects are to be identified. (9) Aviation:- In the interests of aviation safety and suitable mitigation relating to the impact of the development on the performance of aerodrome navigation aids and/or the efficiency of air traffic control, conditions are attached to ensure that amongst other matters, a Primary Radar Mitigation Scheme is submitted to the Planning Authority and approved in consultation with NATS and relevant operators. Any Primary Radar Scheme will set out measures to be taken to prevent the impairment of the performance of the aerodrome navigation aids and/or efficiency of air traffic control services at Glasgow Airport, Cumbernauld Airport and the operations at Lowther Hill and Kincardine. Whilst Cumbernauld Airport has objected to the proposal, the objection relates to the potential cumulative Page 75 of 120
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effects on light aircraft from turbulence. This is a new matter which was not raised by Cumbernauld during the previous consultation of the now consented wind farm. The proposed extended period of operation is unlikely to significantly change any potential effects that the airport operator has now identified. Glasgow Airport originally raised a holding objection until such time as the existing mitigation agreement in place with the airport and the developer has been amended to take account of the extended period. This matter has since been addressed by the developer and Glasgow Airport subsequently withdrew their objection subject to appropriate conditions which are now included. 8.9 The environmental effects of the consented wind farm already identified in the original Environmental Statement (2012) and supplemental Environmental Impact Assessment Report (2019) are not expected to change significantly either as a result of the time which has passed since planning permission was approved on 24th September 2020 and/or as a consequence of the current proposal to extend the operational and restoration periods. The effects identified in the approved reports remain relevant to the determination of this application. The Strategic Development Plan; Clydeplan 2017 (SDP) 8.10 The SDP provides a high-level spatial framework for on-shore wind across the City Region, highlighting in Diagram 6 of the SDP potential locations for wind farm development. The SDP however pre-dates the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 which increased Scotland’s emissions reduction targets from 80% by 2050 to 100% by 2045; for this reason Diagram 6 may therefore be regarded as being out-of date. Whilst, the consented wind farm site represents a departure from the SDP since it does not fall squarely within the areas highlighted in Diagram 6 for potential wind farm development, the previous consent confirmed that the approved wind farm was able to meet the broad objectives in Diagram 10: Box 2 of the SDP, and was therefore considered to be an acceptable departure from the SDP. This in part, was due to the significant contribution it makes towards sustainable development and carbon reduction. The degree to which the consented wind farm is now compliant with the relevant SDP criteria is even greater due to legislative changes imposed by the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 and the requirement to meet net zero carbon reduction emission targets by 2045. It should also be noted that as of 13 February 2023 the SDP will no longer be a material consideration, as NPF4 will come into effect. The North Lanarkshire Council Local Development Plan (Adopted 6th July 2022) 8.11 Development Plan policy has changed since the consented wind farm was approved on 24th September 2020 and The North Lanarkshire Local Plan 2012 under which the current consent was approved is no longer in force. The Development Plan now consists of The North Lanarkshire Local Development Plan (LDP) Adopted 6th July 2022, which is supported by other statutory and non- statutory guidance, listed in the appendix of the Plan at pages 122 and 123. Page 76 of 120
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8.12 The site is designated Countryside (formerly The Rural Investment Area) in the North Lanarkshire Local Development Plan where Policies PP5 Purpose of Place and AD 5 Amount of Development, apply. PP5 is concerned with an assessment of appropriateness of new development in the Countryside and requires that proposals are supported by evidence of locational need amongst other matters. Policy AD5 is concerned with implications relating to the amount of development proposed. An assessment of locational need and amount of development was considered and justified in the previous approved application. The principle of siting the turbines, including the number and height of turbines and associated equipment, on the site has already been established and the wind farm is now in the early stage of construction. The current proposal raises no new matters that would change this position and/or conflict with the current Local Development Plan. The proposal can therefore be said to accord with Policies PP5 and AD5 of the Local Development Plan. 8.13 Onshore wind is addressed in Policy PROM ID2 Utilities Improvements of the LDP and is generally supported subject to assessment criteria set out in Scottish Planning Policy Spatial Framework requirements and associated constraints, including potential impacts on features listed in the Protecting Assets Policies (PROT A and PROT B and Categories A1, A2, A3, B1 and B2), including, World Heritage Sites, European sites, Historic Battlefield and peatlands. The consented wind farm is not located on, nor will it have any significant adverse effects on, land within Categories A1 to B2; those matters having been assessed and determined previously in 19/01292/S42. 8.14 The site is, however, located within 2km of the urban area where visual impacts on communities is subject to special consideration in accordance with Policy PROM ID2. Whilst SPP recommends that Local Plans should consider a setback distance of 2km from the urban area when considering areas suitable for wind farm developments, there is no requirement to apply the 2km distance when determining individual applications. Accordingly, they should be assessed on their own merits. It is acknowledged that the proposed wind farm, which is within 2km of the nearby settlements of Longriggend and Caldercruix, may have a visual impact on those settlements. However, this matter has previously been considered in detail under approved application 19/01292/S42 and it was concluded that on balance, visual impacts on sensitive receptors in the nearby settlements would not be so significant and/or demonstrably adverse as to outweigh the substantial benefits of the wind farm, when assessed against the Local Development Plan and other material considerations as a whole or to warrant refusal of the application. The proposal does not therefore raise any conflict with Policy PROM ID2 of the Plan. 8.15 Policy EDQ 3 Quality of Development requires high standards of site planning and sustainable design in all new development. The current proposal does not involve any new matters that will impact the approved site layout or design. In response to criterion C of EDQ3, it is noted that by extending the operational life of the wind farm, the current proposal goes further to addressing issues of resource efficiency and to mitigating and adapting to the effects of climate change. The proposal does not raise any conflict with Policy EDQ3. Page 77 of 120
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8.16 The physical layout of the wind farm, including access, turbine positions and turbine heights remain unaltered since the time of the last report to Members in 2020 (19/01292/S42). Whilst the previous Local Plan, against which the consented wind farm was considered, is no longer in force, there has been no major shift in onshore wind policy that would lead to a different recommendation if the principle of siting and design was to be considered under the adopted Local Development Plan or the SDP. Similarly, the application raises no significant adverse environmental impacts or new material considerations that conflict with the adopted Local Development Plan. Material Considerations 8.17 Material to the current proposal is the fact that the application site has a valid consent (approved on 24th September 2020) for the development of a 36MW wind farm consisting of 8 turbines, each with a height of 149.9m to blade tip. The consented wind farm is in the early stages of construction and can lawfully operate for a period of 25 years. 8.18 NPF3, SPP, The Scottish Energy Strategy (2017) and the Scottish Government’s Onshore Wind Policy Statement (2017) support onshore wind and recognise the contribution it can make to renewable energy targets and to achieving a ‘low carbon place’. Draft NPF4 goes further in its support for onshore wind in its aim to achieve a ‘net zero nature positive Scotland’; when published it will replace NPF3 and SPP. The clear shift from a low carbon place to a net zero Scotland is further evidenced in changes to the Climate Change (Scotland) Act 2009 that were introduced by the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019. The 2019 Act increased Scotland’s emissions reduction targets from 80% by 2050 (Section 1 of the 2009 Act) to 100% by 2045 (Section A1 of the 2009 Act as amended by the 2019 Act). The contribution of renewable energy generation towards achieving the net zero target by 2045 is therefore a material consideration. National Planning Framework (NPF4) has been approved by the Scottish Parliament and will become part of the development plan on 13 Feb. Although not adopted just now, it is nevertheless treated as a significant material consideration. In terms of this particular application, NPF4 is judged to be largely in line with the development plan assessment noted earlier 8.19 Whilst the Local Development Plan does not reference operational periods of wind farms, Policy 19 of Draft NPF4 recognises that extensions to the life of existing wind farms should be supported and both Policy 19 of draft NPF4 and paragraph 170 of SPP recognise the need for areas to be identified for wind farms to exist in perpetuity. Equally, the Scottish Government’s Onshore Wind Statement (2017) directly references the common practice of limiting the duration of consent for a wind farm to 25 years and argues that there is no statutory basis for doing so. It advocates a more flexible approach whereby the use of land identified as being suitable for wind farm development should not be time limited and instead should be suitable for such use in perpetuity. Page 78 of 120
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Justification for the Proposal 8.20 The Applicant has provided a justification for the proposed extension to the operational and restoration periods of the wind farm. This is summarised: (1) Advancements in wind turbine technology will ensure that turbines will be able to operate for longer periods than first envisaged. It is also expected that components may be replaced or upgraded without changing the scale or appearance of turbines to prolong their operational life. (2) The proposal will as a result have a significantly lesser impact than wholescale replacement of turbines as wholescale redesign may also include amendments to layout, associated infrastructure and with this, intrusive works. (3) The additional 15-year period sought under the proposal would generate up to an additional 1.8 million MWh of generation (122,400 MWh per annum) which would power the equivalent of up to 32,835 homes per annum over the extended period. (4) The additional 15-year period sought under the proposal would also result in additional CO2 savings of up to 826,485 tonnes (55,099 tonnes per year). (5) Whilst not material, the existing commitment of community benefit payments of £5,000 per installed MW would continue for the operational life of the development and over the extended 15-year period would equate to an additional £2.8million in community benefits (£192,000 per annum). 9. Matters to be Secured by a Legal Agreement 9.1 The existing consent is subject to an agreement under Section 69 of the Local Government (Scotland) Act 1973 (As Amended). This requires a financial bond to be lodged with the Council to cover the costs of decommissioning and site restoration. An existing bond has been agreed for consented wind farm (Planning Reference 12/00606/FUL and 19/01292/S42) is in place. Should the Committee grant approval for the application, the bond will be updated to reflect the proposed application and longer period of operation. This would be a requirement of a planning condition. 10. Conclusions 10.1 A valid consent has been issued under Planning Reference 19/0129/S42 for the development of a wind farm consisting of 8 turbines (149.9m in height to blade tip) on the site. Many of the suspensive conditions attached to the consent have been discharged and the wind farm is in the early phase of construction and can lawfully operate for a period of 25 years with a condition in place to ensure that the site is restored within 6 months of the expiry of the consent. 10.2 Temporary planning permission for wind farm developments across Scotland has historically been made in line with turbine warranty. However, Scottish Ministers recognise that ‘with continual advancement of technology and the production of more efficient wind turbines, it is generally Page 79 of 120
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expected that turbines will be capable of producing electricity over a long period’ (Kilgallioch Wind Farm Extension approved by the Scottish Ministers in December 2021). 10.3 Extending the operational period of the wind farm for a further 15 years would allow for a 40- year operation period. This is commensurate with the duration of operational periods for other wind farms across Scotland and it is now recognised nationally in Draft NPF4 and in SG Onshore Wind Statement etc that extensions of time to the life of a wind farm should be supported, alongside opportunities to allocate suitable land for wind farm development in perpetuity. 10.4 Whilst the Local Plan under which the existing wind farm was assessed is no longer in force, there have been no significant shifts in onshore wind policy nor have there been any other material changes in policy beyond those already assessed, that would place the current proposal in conflict with the adopted Local Development Plan. 10.5 Similarly, no significant adverse environmental effects have been identified as a consequence of the current proposal. The environmental effects of the consented wind farm have already been identified in the original Environmental Statement (2012) and supplemental Environmental Impact Assessment Report (2019); they are not expected to change significantly and therefore remain relevant to the determination of this application. 10.6 The extension of the operational life of the consented wind farm by 15 years would increase the wind farm’s contribution to renewable energy targets by up to an additional 1.8 million MWh of generation (122,400 MWh per annum) which would power the equivalent of up to 32,835 homes per annum over the extended period. The wind farm’s contribution to net zero carbon reduction targets would increase over the extended period by up to 826,485 tonnes (55,099 tonnes per year). 10.7 There is no reason to assume that turbines could not have a useful extended life after a manufacturer’s warranty expires. However, if the Committee is minded to grant permission for variation of Condition 1 and deletion of Condition 38 of the existing permission, it will be necessary to re-attach the original suspensive conditions that have not yet been discharged and/or that have in part been discharged but require to remain and be reworded to reflect the status of the wind farm. Conditions that are to remain in force for the duration of the consent will ensure mitigation continues to be secured, that the period of operation of the wind farm is clear and that decommissioning of the wind farm is secured at the end of the operational life. The Committee is also advised that any consent approved under Section 42 would effectively issue a new planning permission, which would benefit from its own 3-year commencement period from the date on which the new permission was granted. Page 80 of 120
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Application No: 22/01138/FUL Proposed Development: Two Industrial Units (Class 5/6 with ancillary office accommodation) and associated landscaping, access, parking. Site Address: Land Between Rowantree Avenue & Kirk Road Newhouse Industrial Estate Newhouse Date Registered: 23rd September 2022 Applicant: Keel Property Group C/o Agent 8 Wemyss Place Edinburgh EH3 6DH Agent: Adam Richardson Savills Wemyss House 8 Wemyss Place Edinburgh EH3 6DH Application Level: Major Application Contrary to Development Plan: No Ward: 16 Mossend and Holytown Frank McNally,Jim Reddin,Beth Baudo, Representations: 2 letters of representation received. Recommendation: Approve subject to condition Reasoned Justification: The proposed development meets the criteria set out in the economic development policies contained within the North Lanarkshire Local Development Plan. As such the proposed development is considered acceptable in terms of its impact upon the surrounding industrial area. Page 81 of 120
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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: 22/01138/FUL Name (of applicant): Keel Property Group Site Address: Land Between Rowantree Avenue & Kirk Road Newhouse Industrial Estate Newhouse North Lanarkshire Development: Two Industrial Units (Class 5/6 with ancillary office accommodation) and associated landscaping, access, parking. Page 82 of 120
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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:- ▪ AL(0)001 RevB LOCATION PLAN ▪ AL(0)002 RevB SITE PLAN WITH TOPO AS EXISTING ▪ AL(0)003 RevB SITE PLAN AS PROPOSED ▪ AL(0)004 RevB BLOCK PLAN AS PROPOSED ▪ AL(0)005 RevB GROUND FLOOR PLAN - AS PROPOSED ▪ AL(0)006 RevB FIRST FLOOR PLAN - AS PROPOSED ▪ AL(0)007 RevC ROOF PLAN - AS PROPOSED BUILDING 1 ▪ AL(0)008 RevC SECTIONS - AS PROPOSED BUILDING 1 ▪ AL(0)009 RevC ELEVATIONS - AS PROPOSED BUILDING 1 ▪ AL(0)010 RevB GROUND FLOOR PLAN - AS PROPOSED ▪ AL(0)012 RevB ROOF PLAN - AS PROPOSED BUILDING 2 ▪ AL(0)013 RevB SECTIONS - AS PROPOSED BUILDING 2 ▪ AL(0)014 RevB ELEVATIONS - AS PROPOSED BUILDING 2 ▪ AL(0)015 RevB SITE SECTIONS AND ELEVATIONS AS PROPOSED ▪ AL(0)016 RevB SOUTHEAST AXO AS PROPOSED ▪ AL(0)017 SOUTHWEST AXO AS PROPOSED Reason: To clarify the drawings on which this approval of permission is founded. 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, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance. Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater. 4. That the SUDS compliant surface water drainage scheme approved in terms of Condition 3 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans. Reason: To safeguard adjacent watercourses and groundwater from pollution. Page 83 of 120
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5. 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 for ground contamination shall be submitted to and approved in writing by the planning authority. The investigation shall be completed in accordance with a recognised code of practice such as British Standards Institution “The investigation of potentially contaminated sites – Code of Practice BS10175 “. The investigation report shall include a risk assessment of all relevant pollutant linkages, as required by Planning Advice Note PAN 33. Where a risk assessment identifies any unacceptable risk or risks, it shall include a detailed remediation strategy. Reason: Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future occupants. 6. That any remediation works identified by the site investigation required in terms of Condition 5 above, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future occupants 7. That flood mitigation works identified in the Flood Risk Assessment, (Kaya Consulting, dated September 2022) for compensatory storage shall be carried out, and that the building in the southern part of the site that will be displacing flood water is constructed of water resilient materials. For the avoidance of doubt the identified mitigation works shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of all the flood mitigation works, a certificate (signed by a Chartered Civil Engineer experienced in flood mitigation) shall be submitted to the Planning Authority confirming that the flood mitigation works have been constructed in accordance with the approved flood risk assessment and plans. To ensure that the development site and adjacent land and property will not be subjected to unacceptable flooding in the interests of public safety and amenity. 8. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site. Reason: To enable the Planning Authority to consider these aspects in detail. 9. That all works included in the scheme of landscaping and planting, approved under the terms of condition 8 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species. Reason: In the interest of the amenity of the site and the general area. 10. That should no development start on site before 22 September 2023 an updated Protected Species Surveys shall be submitted to and approved in writing by the Planning Authority. Furthermore, should no development commence within 1 year from the date of any updated surveys required under the terms of this condition, further updates shall thereafter be provided for the written approval of the Planning Authority before any development starts. Following written approval by the Planning Page 84 of 120
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Authority, the requirements of those reports in respect to habitat and protected species protection shall be complied with in full, including securing any licences from Scottish Natural Heritage. Reason: In the interests of protecting nature conservation interests. 11. That prior to the commencement of development hereby approved: a) a scheme of intrusive site investigations shall be 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, shall be implemented on site in full in order to ensure that the site is made safe and stable for the development proposed. For the avoidance of doubt the intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance. Reason: To ensure the mineral stability of the proposed housing site in the interests of prospective residents (Note: A copy of the required Certificate is available from the Divisional Office). 12. Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall 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. Reason: To ensure that matters relating to coal mining risk are adequately addressed. 13. That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges shall be removed from the application site, without the prior approval in writing of the Planning Authority. Reason: In the interests of the conservation value of the site and the visual amenity of the site. 14. Details of all existing trees and hedgerows, including details of those to be retained, and measures for their protection in the course of development shall be submitted in writing for approval. For the avoidance of doubt all trees to be retained shall be protected in accordance with the recommendations in BS 5837:2012 Trees in Relation to Design, Demolition and Construction. Reason: To enable the Planning Authority to consider these aspects in detail. 15. That unless otherwise agreed with the Planning Authority, before the development hereby permitted starts, details confirming an acceptable shelter design for the bus stops (stops on Edinburgh Road located to the East and West of the junction of Kirk Road and Edinburgh Road) shall be submitted to the Planning Authority for approval following consultation with Strathclyde Passenger Transport. Thereafter the developer shall construct bus the shelter and accompanying hardstanding area before the occupation of the development. Reason: To enable the Planning Authority to consider these aspects in detail. 16. That notwithstanding the detail requirements of condition 1 above and BEFORE the development hereby permitted starts, full details of the proposed vehicular and pedestrian accesses, shall be submitted to, and approved in writing by the Planning Authority, and it shall include the following annotated details unless otherwise agreed in writing: - • The access road shall be a minimum 6.0m wide • Visibility Splays for the access should be 9m x 215m to the south on Kirk Road and 9m x 70m to the North on Kirk Road. Nothing higher than 1.05m above carriageway channel level shall be planted, placed, or be positioned within these splays including existing vegetation. • Junction Radii shall be a minimum of 9m radius. Page 85 of 120
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• Drop kerbs with tactile pavers shall be provided at all crossing points within the development and on the route to the bus stops. • 5 car parking spaces should be allocated to Electric Charging spaces. • provision shall be made for the overnight parking of commercial and industrial vehicles, off the public road. The dimensions of these parking bays should be similar to those of the loading bays, for the avoidance of doubt reference should be made to "Designing for Deliveries" published by the Freight Transport Association for layout details. • The accesses should have maximum gradients of no more than 5% for the first 10m. Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities. Background Papers: Consultation Responses: The Coal Authority Letter received 4th October 2022 Scottish Environment Protection Agency letter received 10th October 2022 Scottish Water letter received 27th September 2022 Traffic & Transportation memorandum received 19th January 2023 NLC Environmental Health (Protective Services) letter received 12th October 2022 Health and Safety Executive (PHADI+) memorandum received 6th October 2022 Contact Information: Any person wishing to inspect these documents should contact Gordon Arthur at esplanning@northlan.gov.uk Report Date: 20th January 2022 Page 86 of 120
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APPLICATION NO. 22/01138/FUL REPORT 1. Site Description 1.1 The site which has an area of 2.3 Hectares is located to the southwest of Newhouse Industrial Estate. The estate which is long established has a wide range of industrial unit designs, sizes and arrangements. 1.2 The application site is located south of Rowantree Avenue, To the west lies a distribution operation Unites Parcel Services, to the east is Terex a commercial truck dealer with Petit Forestier light vehicle hire to the south bounded by the Edinburgh Road beyond. The site is accessed from an existing vehicular site access from Kirk Road (Beech Crescent) that also provides access to a substation located within the applicant’s ownership boundary. Beech Crescent provides access to the Terex site to the south as well as a car park to the southeast of the application site. Beech Crescent also provides access to the application site via gates on the south-eastern tip of the site (this access will not be used in association with the proposed development). Rowantree Avenue provides a landscaped frontage to the north of the application site. 2. Proposed Development 2.1 The applicant proposes two commercial units speculative Classes 5 (General industrial) and 6 (Distribution) which have shared access and separated yard area. 2.2 Unit 1, the largest of the two units is 5739 m2 in area (warehouse 5439m2, ground floor ancillary office, 300m2 and first floor office 300m2. The building has a principal elevation facing Rowantree Avenue but set back on the existing building line established by the neighbouring building to the west. There is a tree line and mature planting on the northern edge of the site. The existing access from Kirk Road on the eastern edge of the site is proposed as the principal access and will serve both units which have dedicated parking and manoeuvring areas. 2.3 Unit 2 which is 1004m2 with a ground floor ancillary office measuring 112 m2 in area principally faces the south of the site. The site level drops around 1.5m between the coterminous yards and the HGV access is ramped towards Unit 2. In terms of height Unit 1 is 12m in height above finished floor level. Unit 2 is lower at 7m. 2.4 Material choices will be predominantly informed by neighbouring buildings which exibit a variety of composite cladding panels as appropriate for the business use of the context. Materials are shown are indicative and it is proposed that this detail be subject to planning condition. Current indicative materials are: o Proprietary profiled and micro profiled insulated cladding systems complete with matching flashings, parapets. o PPC aluminium rainscreen, windows and doors to offices. o Masonry features to office elements. Proprietary vehicle access doors, dock levellers and shelters. 3. Applicant’s Supporting Information 3.1 The applicant has submitted the following reports in support of the application. • DESIGN AND ACCESS STATEMENT • ECOLOGICAL APPRAISAL • FLOOD RISK ASSESSMENT • GEO-ENVIRONMENTAL DESK STUDY REPORT • PAC REPORT • PLANNING STATEMENT • TRANSPORT ASSESSMENT • HSE REPORT Page 87 of 120
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• DRAINAGE STRATEGY 4. Site History 4.1 Significant planning history includes the following applications: • 21/01523/PAN Proposed Major Employment Development (Class 4, 5 & 6) with Associated Landscaping, Access, Parking and Infrastructure. 4.2 Due to the size of the application site, the planning application is classified as a ‘Major Development’, as per the provisions of the Hierarchy of Development (Scotland) Regulations 2009. These Regulations specify that development proposals on sites of 2 hectares or more are ‘Major’. This classification introduces the requirement for the Applicant to follow certain procedures prior to the submission of a planning application. 5. Development Plan 5.1 The development is of a strategic scale in considering schedule 14 of the Strategic Development Plan (SDP), Eurocentral-Mossend-Newhouse is identified collectively as strategic in the Local Development Plan with only Euro Central shown in schedule 3 as a Strategic Economic Investment Location (SEIL). North Lanarkshire Local Development Plan lists the following policies as relevant to the assessment. PROM LOC2 POLICY Business Development Sites • 2A Strategic Business Centres (Eurocentral-Mossend-Newhouse) • PP 2A POLICY Purpose of Place AD 2A POLICY Amount of Development Environmental and Design Qualities EDQ • EDQ 1 POLICY Site Appraisal • EDQ 3 POLICY Quality of Development 6. Consultations 6.1 Consultees included the following. NLC Roads had no objection subject to planning conditions providing recommendations road geometry, junction visibility, parking arrangements (Inc. electric charging spaces) and commercial vehicle parking and material changes to the public footway. Improvement to public infrastructure (bus shelters) was also recommended. NLC Protective services have no objection to the development subject to further investigation on ground conditions. This follows the submission of a desk study undertaken by the applicants appointed engineer. There has been previous intrusive investigation on the site, and potential gas risk has been identified. The report recommends that further intrusive works are undertaken to confirm the risk assessment and provide up to date information on the site conditions, protective services recommend that a comprehensive site investigation for ground contamination is submitted for approval. This is recommended as a subject of a planning condition. In considering noise impact Protective Services recommended to protect the occupiers of dwellings or noise sensitive buildings from excessive noise the applicant undertakes a noise impact assessment in relation to additional traffic movements. This is discussed in more detail in section 8 below. Similarly, it was also recommended that noise relating to fixed plant associated with the completed development was subject to noise restrictions. Given the current designation of the site as industrial it is recommended that an informative covering noise levels is placed on the decision notice should members be minded to approve. Page 88 of 120
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Scottish Environment Protection Agency (SEPA). The applicant submitted a flood risk assessment and SEPA confirmed that they have no objection subject to the imposition of a planning condition (or other planning mechanism as deemed appropriate by the planning authority) to ensure that the recommendation laid out in the flood risk assessment (Kaya Consulting, dated September 2022) for compensatory storage is carried out, and that the building in the southern part of the site that will be displacing flood water is constructed of water resilient materials. The flood risk assessment is based on appropriate methods and its representation of flood risk at the site is in line with all other evidence that is currently available. Coal Authority confirmed that the application site falls within the defined Development High Risk Area; therefore, within the site and surrounding area there are coal mining features and hazards which need to be considered in relation to the determination of this planning application. More specifically, the Coal Authority records indicate that the site lies in an area where coal mining has taken place at shallow depth and where further historic unrecorded shallow coal mining activity is likely to have occurred. Voids and broken ground associated with such workings can pose a risk of ground instability and may give rise to the emission of mine gases. The planning application is accompanied by a Geo-Environmental Desktop Study Report (August 2022, prepared by Woolgar Hunter Engineers). Based on a review of relevant sources of coal mining and geological information, including the results of previous site investigations, the submitted report concludes that past shallow coal mining activity poses a potential risk of surface instability, with the approximate areas of instability at the site shown on Figure 6 of the report. Given the identified risk posed by shallow mine workings, the report advises that remedial works, including the consolidation of these workings by grout injection, will be required. It advises that further intrusive site investigations may be necessary to inform proposed drilling and grouting works. The Coal Authority’s Planning & Development Team welcomes the recommendation for the undertaking of further intrusive site investigations to clearly define those parts of the site at risk of instability associated with past shallow coal mining activity. These should be designed and carried out by competent persons and should be appropriate to assess the ground conditions on the site in order to establish the coal-mining legacy present and the risks it may pose to the development. The results of the investigations should be used to inform the design of remedial works and mitigation measures necessary to ensure the safety and stability of the proposed development as a whole, including the buildings and external parts of the site such as access roads, service yards and car parking areas. It is therefore considered that a planning condition is imposed on the development to ensure these works are undertaken. It should be noted that wherever coal resources or coal mine features exist at shallow depth or at the surface, there is the potential for mine gases to exist. As such, NLC protective services recommend that a comprehensive site investigation for ground contamination is submitted for approval. The Coal Authority has no objection subject to planning condition. Scottish Water has no objection to this planning application and has provided comment on, water capacity in their network, asset impact and surface water drainage. The Health and Safety Executive (PHADI+) confirms that the proposed development site identified does not currently lie within the consultation distance (CD) of a major hazard site or major accident hazard pipeline; therefore, at present HSE does not need to be consulted on any developments on this site at this point in time. 7. Representation 7.1 Two letters of representation were received from a neighbouring business during the standard notification period following the neighbour notification procedure and advert in the local press. Comments are summarised as follows: The surrounding Road Network (Kirk Road/Edinburgh Road) is not suitable for the increase in Page 89 of 120
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predicted traffic volumes leading to a reduction in Road safety. Response: NLC Roads has no objection to the proposed development on impact on the road network or reduction in road safety. The area around the site is heavily affected by fly tipping and additional businesses will exacerbate this. Response: There is no supporting evidence that approval of this application will result in additional fly tipping. The drainage strategy indicates a treatment train connecting to existing infrastructure. This system has a history of overloading causing flood damage. Response: Members are referred to the Scottish Environment Protection Agencies consultation comments above in section 6 of this report. 8. Planning Assessment 8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997, requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. 8.2 The applicant proposes a speculative development for uses General Industry (Class 5) or Distribution (Class 6) and associated access formation, yard and parking arrangement. Strategic Development Plan (Clydeplan) 8.3 The development is of a strategic scale in considering schedule 14 of the Strategic Development Plan (SDP), Eurocentral-Mossend-Newhouse is identified collectively as strategic in the Local Development Plan with only Euro Central shown in schedule 3 as a Strategic Economic Investment Location (SEIL). The proposal is located within Newhouse industrial estate which is not grouped with Eurocentral as a SEIL within Clydeplan. However, (Policy 5) in the SDP recognises that the policy is intended to safeguard and promote investment in the SEILs to support their dominant role and function and to address the opportunities /challenges as identified in schedule 3. Importantly in this case this may include providing opportunities for expansion or consolidation of these locations. Strategy Support Measure 3 identifies that these are the city-region’s strategic response to long term sustainable economic growth. In Schedule 2 the key sectors are identified for Eurocentral only. The proposed development is considered to be in accordance with the key sectors identified and with the spatial vision and development strategy of the SDP. Place making objectives are informed supported in principle by the sites strategic location which generally complies with SDP policy 1. The application can therefore be determined against the policies in the North Lanarkshire Local Plan. North Lanarkshire Local Development Plan PROM LOC2 POLICY Business Development Sites 8.4 North Lanarkshire Council will support and direct business development to the Strategic and Local Business Centres identified in the Plan and Industrial & Business Land Supply. This comprises of: • buildings and land located in the Strategic and Local Business Centres • Marketable/Potentially Marketable sites identified in the 2017 Industrial & Business Land Survey, • sites for specific uses, and • proposed business sites confirmed by Examination. The principle of the proposed development at this location is therefore acceptable. Page 90 of 120
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8.5 Purpose of Place Policies PP 2A, PP 2B and PP 2C indicate the uses deemed appropriate for each of these types of locations, with Amount of Development Policies AD 2A, AD 2B and AD 2C indicating the relevant scales of development and how development proposals will be considered by the Council. The Industrial & Business Land Supply identifies individual sites that are available for development. The proposal therefore concurs with the principal policy as an industrial business proposed development. 2A Strategic Business Centres (Eurocentral-Mossend-Newhouse) PP 2A POLICY Purpose of Place 8.6 North Lanarkshire Council will encourage large scale business users to locate in our Strategic Business Centres and safeguard their character from dilution by other inappropriate uses and support upgrading of premises, amenities, access, parking and green space. 8.7 These Centres are of such a scale and location that they can accommodate a full range of Class 4 Business, Class 5 General Industrial and Class 6 Storage or Distribution uses. AD 2A POLICY Amount of Development 8.8 No assessment of amount of development is required for classes 6 and 5. 8.9 The key considerations therefore are whether the proposed new industrial building and associated infrastructure would support or adversely impact on the overall business/industrial character of the area and whether the economic value of the new development is considered acceptable. In this regard, this proposal would be acceptable within the site as it is considered to be in keeping with the character of this established business/industrial area. Environmental and Design Qualities EDQ EDQ 1 POLICY Site Appraisal 8.10 Any proposed development will require to be appraised in terms of the site and its surroundings to ensure it will integrate successfully into the local area and avoid harm to neighbouring amenity. The matters to be addressed in the appraisal include but are not limited to the following. 8.11 The site lies within Newhouse Industrial estate and is therefore significantly remote from any residential properties and is line with the industrial business context of its surroundings. As such, it is not considered that the development will not result in any in significant adverse loss of amenity terms of privacy, overshadowing or disturbance as a result of the development. The design of the proposed building accords existing buildings at this location. 8.12 The proposal is informed by supporting reports on the potential impacts including on drainage, mining legacy, transportation and ecology, geo-environmental considerations. Considerations include by the following. Drainage. 8.13 Scottish Water is responsible under the terms of the Sewerage (Scotland) Act 1968, (as amended), for provision of sewerage infrastructure for domestic sewerage, trade effluent and some categories of surface water following agreement with the developer. This policy considers that foul water should connect to the existing public sewer within the urban area. Alternatives to this will only be permitted where no public system exists, and the alternative does not pose an environmental risk. In considering Sustainable Urban Drainage Systems (SUDS), Policy EDQ1 outlines SUDS should be adopted within site design and appropriate details require to be submitted with any planning application. A condition on securing the detail and implementation of a Sustainable Urban Drainage Systems (SUDS) is recommended. Page 91 of 120
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Flood Risk a. A flood risk assessment was submitted which summarised concluded the proposed development is for commercial buildings and associated infrastructure. These are classified as ‘Least Vulnerable’ under SEPA Land Use Vulnerability Guidance. Development in this category must be situated out with the 1 in 200-year flood plain. A portion of the site is at risk of fluvial flooding from the Legbrannock Burn, along the southern edge of the site. This watercourse is culverted 200m to the south-east of the site. In the 200yr event flows overtop Edinburgh Road and a portion flow up Kirk Street and down Beech Crescent before flowing along the site’s southern boundary. The flow pathway through the site is minimal in depth. The proposed development is modelled to displace 1.3m3 of water at the edge of this extent. Ground levels along the southern boundary should be lowered to mitigate this risk, with modelling showing no impact on flood levels outside of the site. A surface water catchment of 0.97ha drains to the south-eastern corner of the site. This risk could be mitigated by running a filter trench along the site’s eastern boundary to route excess runoff into the site drainage system and by providing a flow pathway along the southern boundary of the site to safely route runoff without impacting the development. Care should be taken to ensure surface water running along Rowantree Avenue in the north are not routed into the rest of the site. The available evidence suggests the site is not at risk of groundwater flooding. Flood free access is available to the site. The applicants appointed consultant noted in his report that the risk of flooding can be reduced, but not eliminated, given the potential for events exceeding design conditions and the inherent uncertainty associated with estimating hydrological parameters for any given site. b. The applicant submitted a flood risk assessment and SEPA confirmed that they have no objection subject to the imposition of a planning condition (or other planning mechanism as deemed appropriate by the planning authority) to ensure that the recommendation laid out in the flood risk assessment (Kaya Consulting, dated September 2022) for compensatory storage is carried out. Geo-environmental 8.16 A Geo-Environmental Desktop Study Report (August 2022, prepared by Woolgar Hunter Engineers) was undertaken by the applicants appointed engineer. It noted that there has been previous intrusive investigation on the site, and potential gas risk has been identified. The report recommends that further intrusive works are undertaken to confirm the risk assessment and provide up to date information on the site conditions, protective services recommend that a comprehensive site investigation for ground contamination is submitted for approval. Mining Legacy 8.17 Coal Authority comment that the application site falls within the defined Development High Risk Area; therefore, within the site and surrounding area there are coal mining features and hazards which need to be considered in relation to the determination of this planning application. 8.18 The planning application is accompanied by a Geo-Environmental Desktop Study Report (August 2022, prepared by Woolgar Hunter Engineers). Based on a review of relevant sources of coal mining and geological information, including the results of previous site investigations, the submitted report concludes that past shallow coal mining activity poses a potential risk of surface instability, with the approximate areas of instability at the site shown on Figure 6 of the report. 8.19 Given the identified risk posed by shallow mine workings, the report advises that remedial works, including the consolidation of these workings by grout injection, will be required. It advises that further intrusive site investigations may be necessary to inform proposed drilling and grouting works. 8.20 The Coal Authority concurs with the recommendations of the Geo-Environmental Desktop Study Report; that coal mining legacy potentially poses a risk to the proposed development and that further investigations are required, along with remedial measures, in order to ensure the safety and stability of the proposed development. As such, should planning permission be granted for the proposed development, the Coal Authority recommend that appropriate planning conditions are included on the Decision Notice. Page 92 of 120
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Transportation 8.21 A transport assessment was submitted which concluded that access for all transport modes has been reviewed and it has been shown that the site will be within suitable distance of existing bus services and will provide linkage into the existing pedestrian and cycle networks in the surrounding local area. The site meets current SPP and PAN 75 requirements in terms of accessibility to sustainable modes of transport. 8.22 Vehicle access, along with pedestrian and cycle access to and from the site will be via kirk Road with internal access roads and footway connecting the parking areas and proposed units. 8.23 Committed development has been assessed based on planning permissions granted over the last 5 years. Trip generation associated with the committed development has been based on trip rates included in TAs accompanying these developments. 8.24 Development trip generation associated with the development proposals has been based on data extracted from the industry standard TRICS database. 8.25 The existing A775 Edinburgh Road / Kirk Road priority junction and Kirk Road / Site Access junctions have been assessed in detail to examine the potential impact of development traffic. The assessment of these junctions demonstrates that they would be capable of accommodating projected base and development traffic flows. 8.26 NLC Roads has made a number of recommendations following consultation which have been taken forward in planning conditions. One exception is the recommendation to extend the width of footways to 3m with at least a 0.5m buffers over the frontage of the site. This is to ensure compliance with the Council’s new Active Travel Strategy and to improve the sustainable transport provision. While the benefits in doing this are recognised, it is considered that in doing so will result in the removal and loss of a significant level of boundary planting which frames the site frontage. As well as diminishing the site amenity and setting this action will also result in the loss of biodiversity and habitat, thereby eroding the ecological sustainability of the site landscaping. A site visit revealed that the footway has been significantly reduced in width by low growing vegetation but could be significantly widened by ongoing landscape maintenance along some sections of the existing public footway. It is recognised that the site has good availability of transportation links in the area and is served by good existing pedestrian access links. The question remains on whether in the circumstances it would be unreasonable to prevent the proposal from going ahead on the strength of a retrospective footway upgrade. It is noted that the roads service advice on this matter is discretionary and regardless of which side of the debate is more compelling, it is clear that there is room for technically arguing and accepting the case either way. In these circumstances, there is an insufficient weight against the development as regards footway widening, to justify preventing what is in other respects an acceptable and welcome development. In reaching this position it is noted that the proposal would bring much needed investment and employment provision, while retaining environmental benefits to the locality by retaining mature planting. It is assessed therefore that the footway arrangement existing should be accepted on this occasion. Ecology 8.27 An ecological appraisal report was submitted and may be summarised as follows. The site and its surrounds were assessed as providing suitable habitat for protected species including bat, nesting birds, west European hedgehog and amphibians. Further surveys for roosting bats and great crested newt (GCN) were undertaken. As the on-site structure was assessed as having moderate suitability for bats, two emergence surveys were undertaken. No bat roosts were identified within the surveys and overall bat activity was low. The Habitat Suitability Index Assessment of the on-site pond for GCN identified the pond as providing poor breeding suitability, though the presence of small newt eggs within the pond indicates amphibian breeding opportunities. As such an environmental DNA (eDNA) survey was undertaken and returned a negative result, indicating GCN are not currently utilising the pond. At present no protected species licence requirements have been identified. 8.28 Based on the potential impacts identified, mitigation recommended within this report includes. • Implementation of a Tree Protection Plan, INNS management plan, and sensitive lighting strategy; Page 93 of 120
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• General mitigation including installation of protective Heras fencing, sensitive timings of work, sensitive storage of building materials, and covering of any open trenches overnight; • Landscape planting including trees, wildflower meadow planting and wetland species within the sustainable urban drainage system (SUDS) basin; • Creation of a SUDS basin with a permanent wet area; • Installation of hedgehog access routes to maintain connectivity across the site; • Installation of bird boxes; and • Offset gully pot drains or installation of gully pot ladders. 8.29 Enhancement measures have also been recommended to promote opportunities to contribute positively to biodiversity and will be carried forward as an informative as part of the recommendations in the applicants approved ecology report. Enhancement measures recommended include native species planting, and installation of log piles, and boxes for bats, birds and invertebrates. Ecological data is considered valid for a period of 12 months. Providing that ground works commence before August 2023, the recommendations within this report are valid. If the site boundary was to change, further survey work for these protected species may be required. EDQ 3 POLICY Quality of Development 8.30 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 in terms of the following. 8.31 Further considerations include: b Providing a safe, pleasant, inclusive, convenient, and welcoming development. The applicant has set out in his design access statement on how this is to be achieved. c Moving towards a low-carbon economy, addressing, resource efficiency, Mitigation of and Adaptation for the effects of Climate Change energy and waste issues in order to create a sustainable development with a low ecological footprint. In accordance with current building standards and in the interest of energy efficiency, the development will be able to provide a variety of means to limit CO2 emissions in line with the current building regulations: • Ground material arising from the existing site will be retained & re-used where possible and consideration will be given to utilise locally sourced materials. • Use of modern insulants and technologies should be utilised to provide a high performing building fabric to all external walls, roofs and ground floors. • Scope remains for the applicant to consider the introduction of renewables to offset heating and energy demand, as required under current regulations set out in the Technical Handbook. There is currently no planning option currently subject to detailed design considerations within this application. • Consideration should be given to introduction of dedicated low energy light fitments throughout the extension, linkway and amended existing areas, including external security lights, the introduction of multiple zone-controlled heating and the introduction of low volume consumption sanitary ware (at new accessible WCs). e Mitigating any likely air quality, noise, or pollution impacts particularly in or adjacent to Air Quality or Noise Management Areas. In some circumstances, mitigation may not always be possible, and avoidance may be required. Page 94 of 120
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NLC Protective Services recommended that to protect the occupiers of dwellings or noise sensitive buildings from excessive noise the applicant should undertake a noise impact assessment. This would be in relation to additional traffic movements. However, it is the applicants accepted position that the site benefits from an explicit business development site LDP policy designation, being located within a Strategic Business Centre, and is therefore afforded significant support by PROM LOC2. Members may also wish to note that the site is separated from the residential area to the south-west by some 160 metres at its closest point, with all of the land in between being zoned for business and industry. This is distinct from the land to the north adjoining the residential area, which was approved for ‘commercial and industrial’ purposes as part of the wider outline approval 05/01567/OUT which included a new residential element. Neither the 05/01567/OUT officer report nor the decision notice (dated 01 October 2007) provides justification or requests that a noise impact assessment be provided by the applicant for consideration by the Council in course of this application to establish the impact on residential development adjacent to new business industrial development and existing Industrial estate. Indeed, review of the following matters specified approval ref 08/00638/MSC, which solely related to the residential element of the principal approval similarly did not consider any technical noise matters incompatible with this residential development already having been established as suitable in the principal approval notably approving new residential development aside new industrial residential development. The applicant questioned if the residential properties were approved subject to the provision of any enhanced acoustic treatment (acoustic fencing, triple glazing etc) given the pre-existing presence of the long-standing operational Newhouse Industrial Estate which surrounds the subject land. The planning record shows does not show this. Turning to Protective services main concern, road traffic noise. In terms of the HGV movements, the site is accessed from Kirk Road and not Edinburgh Road, the south. The Transport Assessment accompanying the application identifies that development traffic would be relatively equally split between Edinburgh Road and Rowantree Avenue. The Transport Assessment, however, assesses the morning and evening commuting periods and so predominantly reflects staff car trips. In considering the potential impact of development traffic on Edinburgh Road west of Kirk Road, the TA identifies 21 two-way trips during the morning peak and 22 trip during the evening peak. Again, these would be staff car trips representing a 3.3% and 3.0% impact on Edinburgh Road traffic flows during the morning and evening peaks respectively. Given the nature of the development and proximity to the M8 Junction 6a, it can be predicted that the majority of HGV traffic would route to and from the motorway via Rowantree Avenue i.e., not Edinburgh. Given the foregoing, concerns relating to noise would seem to be unfounded, and it is therefore considered unreasonable to request a noise impact assessment be undertaken. f Ensuring that water body status is protected and, where possible, enhanced. The applicant has submitted a flood risk assessment discussing the relevant water courses which is discussed above. It is recommended that the decision contains a condition requiring surface water is treated within a sustainable urban drainage system. g Adequate provision has been made for the development and maintenance of landscaped areas and, and for linking to and enhancing open spaces and green networks. It is recommended that this is the subject of planning condition. h There are no existing features of Green Network or Historic Environmental interest or Resources, protected under the terms of the Protect Assets Policies. On balance, the proposals are considered to comply with policy EDQ3. 8.32 National Planning Framework (NPF4) has been approved by the Scottish Parliament and will become part of the development plan on 13 Feb. Although not adopted just now, it is nevertheless treated as a significant material consideration. In terms of this particular application, NPF4 is judged to be in line with the development plan assessment noted earlier. 8.33 In conclusion it is considered that the proposed development is in accordance with national, spatial, and local planning policy, in that, it will deliver industrial development within the established Newhouse Business Park, a location specifically designed for these uses. A manufacturing or distribution facility at this location is in keeping with surrounding commercial development in terms of design and can therefore be accommodated at this location without significant detriment to the Page 95 of 120
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surrounding area. As such the proposal accords with the relevant policies of the Development Plan and it is recommended that planning permission be granted. Page 96 of 120
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Application No: 22/01250/S42 Proposed Development: Variation of conditions 3(e), 15 and 18 of permission ref. 19/00274/PPP for a residential development (circa 750 units), incorporating retail/community uses, open space, access, link road and associated works (including demolition of existing buildings). Site Address: Heathfield Farm Drumcavel Road Muirhead G69 9EU Date Registered: 30th November 2022 Applicant: Persimmon Homes And Messers Lamont, Love And Geddes C/o Redline Planning Agent: Redline Planning Game Keepers Cottage Glen Road Dunblane FK15 0HR Application Level: Major Application Contrary to Development Plan: No Ward: 06 Gartcosh, Glenboig And Moodiesburn Greg Lennon,Michael McPake,Joanne Katy Keltie, Representations: 9 letters of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The variations to Conditions 3(e), 15 and 18 of permission ref. 19/00274/PPP are considered to be acceptable as it has been demonstrated that the variations will not be detrimental to the original planning permission in principle application and the changes have not drawn any objections from the affected Consultees. There is a Section 75 Agreement in place for the original Planning Permission in Principle application ref.no. 19/00274/PPP the terms of which will also apply to this permission. Page 97 of 120
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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: 22/01250/S42 Name (of applicant): Persimmon Homes And Messers Lamont, Love And Geddes Site Address: Heathfield Farm Drumcavel Road, Muirhead G69 9EU Development: Variation of conditions 3e), 15 and 18 of permission ref. 19/00274/PPP for a residential development (circa 750 units), incorporating retail/community uses, open space, access, link road and associated works (including demolition of existing buildings). Page 98 of 120
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Proposed Conditions:- 1. That before development of each phase of works starts, a further planning application for Approval of Matters Specified in Conditions (MSC) shall be submitted to the Planning Authority in respect of the following matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of equipped play areas; (e) the provision of public open space; (f) the details of, and timetable for, the hard and soft landscaping of the site; (g) details for management and maintenance of the areas identified in (d), (e)and (f) above; (h) the design and location of all boundary walls and fences; (i) the phasing of the development; (j) the provision of drainage works; (k) the disposal of sewage; (l) details of existing trees, shrubs and hedgerows to be retained; (m) details of existing and proposed site levels; (n) a detailed Noise Assessment shall be carried out for each phase of development, based on the layout, including noise attenuation measures to mitigate any noise nuisance; (o) the provision of an appropriate walkway around the designated SINC and Johnstone Loch; (p) that details of walking/cycling routes through the site linking north to south and east to west during construction phases of development; and (q) bus stop provision should be considered throughout the site (along spine road) as well as the existing bus stops that will inevitably require to be relocated due to the proposed roundabout on Drumcavel Road. Relocated and any new bus stops shall be agreed with North Lanarkshire Council and Strathclyde Partnership for Transport and the costs of works met by the Developer. Routes to and from new bus stops should be considered in relation to pedestrian connections within the site and to neighbouring communities. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006. 2. That unless otherwise agreed in writing with the Planning Authority, and subject to the conditions of this permission, the proposed development shall reflect the content of the design and access statement (Persimmon / Avant Homes submitted March 2019) and approved NLC Strategic Development Framework document. In particular, the development shall be designed to accord with the following: (a) The internal road layouts should be in accordance with the principles of ‘Designing Streets’ as published by the Scottish Government with the exception of the main thoroughfare through the site; (b) A minimum 1.5 hectares site for local community facilities to be identified and safeguarded; (c) Play provision should be provided at a proportionate level directly relating to each development phase as submitted. The Council may however, wish to request a financial contribution towards upgrading an existing local play facility that will also serve the site and surrounding area; (d) 30m minimum distance to be retained between development and Site of Importance for Nature Conservation; and (e) 30m minimum distance to be retained between development and shore of Johnston Loch (Development in this case is defined as including building curtilages and roads). Reason: To define and ensure delivery of all key aspects of the permission. 3. That notwithstanding the requirements of conditions 1 and 2 above, any future applications at the site shall ensure the following roads and transportation requirements: a) No road should be the sole means of access to more than 200 units, or 300 units with mitigation e.g. strengthened footways and 7.3m wide road. The local distributor road should thereafter be fully constructed to provide connection between the north and south Page 99 of 120
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roundabouts on the A752 prior to the completion of unit number 301; b) For each housing phase visibility splays of 4.5m x 90m should be provided from site access junctions located along the length of the proposed distributor road; c) The minimum junction spacing for a local distributor road is 100m; there may be scope to consider a relaxation of this to an absolute minimum spacing of 40m in certain circumstances. d) An assessment should be undertaken to consider the requirement for a pedestrian crossing on the A752 Drumcavel Road, at a point to be agreed with the Council, between the site access and Station Road. e) The local distributor road, with the exception of the wetland crossing, should incorporate a 1m verge with a 3m wide cycle/footway on the north/east side and a 2m wide verge with 2m wide footway on the south/west side, in order to provide a cohesive connection with the geometry on the existing local distributor road under construction at the adjacent site. Reason: To define and ensure delivery of specific Roads and Transportation requirements. 4. That notwithstanding the requirements of conditions 1 and 2 above and no later than 3 months from the date of this permission, an independent Road Safety Audit shall be carried out and submitted to the Council for approval, the scope of which should consider the entire roundabout design and be undertaken in accordance with document GG119 – Road Safety Audit, as detailed in the DMRB. The outcome of the Safety Audit should inform the roundabout design and layout for any future MSC applications or other associated applications. Reason: To ensure that the site is accessed safely. 5. That notwithstanding the requirements of conditions 1 and 2 above, the first MSC application shall include details of the following: • Details of structural landscaping works but also any other structural planting to be incorporated within the site; • Location of Retail/Community Use area (as per condition 2(b) above) Reason: To define and ensure delivery of those key aspects of the permission. 6. That the application for Matters Specified in Conditions inasmuch as it relates to the development layout and access, shall be supported by an updated Transportation Assessment. The updated Transportation Assessment shall in particular consider and provide further review and analysis of modal shift and trip rates, with subsequent demonstration and justification for a proposed method of vehicular access into the site and site capacity. For the avoidance of doubt, no permission is hereby given for any specific means of access or capacity, with the final design to be guided by the terms of this condition. Reason: To ensure an appropriate means of access to serve the development and in the interest of integrating the site with the surrounding area and road network. 7. That notwithstanding the terms of Condition 1 above, an updated detailed Flood Risk Assessment, an appropriate blockage scenario assessment of the culverted watercourse in the northwest area of the site or appropriate justification that the proposed drainage upgrades will alleviate flood risk from this source and a detailed site layout which demonstrates the proposed development complies with the principles of SPP and finished floor levels are set above the 1 in 200 year level plus freeboard, carried out by an appropriately qualified engineer, shall be submitted with the first application for the approval of Matters Specified and for each MSC thereafter for the written approval of the Planning Authority. Reason: To ensure all matters relating to flood risk are fully assessed and that development on the site is acceptable to SEPA. 8. That any flood mitigation works identified in the updated Flood Risk Assessment and other correspondence mentioned in Condition 7 above; shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of all of the flood mitigation works, a certificate (signed by a Chartered Civil Engineer experienced in flood mitigation) shall be submitted to the Planning Authority confirming that the flood mitigation works have been Page 100 of 120
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constructed in accordance with the approved plans. Reason: To ensure that the development site and adjacent land and property will not be subjected to unacceptable flooding, in the interests of public safety and amenity. 9. That BEFORE any works of any description start within each residential phase, 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 and this strategy will include details of the schedule for validation reporting to confirm that the remediation works have been carried out before houses are occupied. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents. 10. That any remediation works identified by the site investigations required in terms of Condition 9 shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority in accordance with the agreed schedule of validation reporting 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. 11. That prior to any works of any description being commenced within each phase of residential development, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority. For the avoidance of doubt the drainage scheme must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant CIRIA Manual and other advice published by the Scottish Environment Protection Agency (SEPA). Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater, and in the interests of the amenity and wellbeing of existing and future users adjacent to and within the development site respectively. 12. That the SUDS compliant surface water drainage scheme approved in terms of Condition 11 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the completion of each residential phase, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the requirements of Condition 11 above. Reason: To safeguard any adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future users. 13. That before any works start within each residential phase, 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. 14. That the first application for Matters Specified by Condition or further application (relating to housing layout) shall be accompanied by an approved affordable housing agreement covering the site. This scheme shall accord with the terms of Policy HCF3 of the North Lanarkshire Council Local Plan 2012 and associated Supplementary Guidance on Affordable Housing (2014). Thereafter, all submissions of Matters Specified by Conditions applications or further applications shall accord with the affordable housing agreement. Page 101 of 120
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Reason: In order to secure the provision of affordable housing. 15. That no development shall take place within each phase of the development area until the applicant has secured the implementation of a staged programme of archaeological work for that phase in accordance with a Written Scheme of Investigation which has been submitted by the applicant, agreed by the local Archaeology Service and approved by the Planning Authority. For guidance, the response should be characterised by the following:- 1. A photographic record of the current site conditions; 2. Basic HBR survey (ALGAO, 2013) on the non-designated Heathfield House (Site 59) and the external elevations of Mossvale Cottages (Site 60); 3. Programme of recording of the earthworks and upstanding ruinous structures associated with Heathfield Pit No. 3 (Site 63); 4. The design and erection of interpretation boards around site 63, Heathfield Pit No. 3; 5. Watching brief around Heathfield House (Site 59) in order to record any previous structure remains within the centre of Heathfield Farm or Baad; 6. Programme of archaeological evaluation within the development area to look for previously unknown archaeological remains, including the immediate environs of Heathfield House. If this exercise identifies features associated with the camp or anything else of merit that will be impacted by the development, there should be proposals for further works potentially including excavation, post-excavation, publication and archiving. Reason: To enable the Planning Authority to consider these aspects in detail. 16. Notwithstanding the requirements of Condition 1 above and for the avoidance of doubt, a detailed Noise Impact Assessment shall be submitted for each phase of residential development for the written approval of the Planning Authority. Thereafter, any agreed noise mitigation measures shall be implemented contemporaneously with the development. Reason: To ensure that noise mitigation measures have been implemented in order to protect the residential amenity of residents. 17. Prior to the commencement of works within each residential phase, an updated protected species survey(s) shall be carried out and the details of the findings of the surveys, including any mitigation measures shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, any mitigation measures shall be implemented in accordance with a timescale to be agreed with the Planning Authority. Reason: In the interests of the protection of natural habitats and protected species. 18. That BEFORE the development hereby permitted starts within each phase of development, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees within that phase, as shown on the approved plans, and shall not be removed without the approval in writing of the Planning Authority. Reason: To ensure adequate tree protection measures are in place in the interests of the conservation value and visual amenity of the site. 19. That no trees within the application site shall be lopped, topped or felled and no hedges shall be removed from the application site, without the prior approval in writing of the Planning Authority. Reason: In the interests of the conservation value and visual amenity of the site. 20. That the interests of Scottish Gas Networks (SGN) plc, namely the gas Major Accident Hazard Pipeline within the site, is safeguarded and the applicant agrees to liaise with SGN to ensure that the pipeline and the integrity of the servitude or easement area is not compromised. Reason: To ensure that Scottish Gas Network pipeline is not compromised. Page 102 of 120
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21. That except as may otherwise be agreed in writing by the Planning Authority a National Vegetation Classification survey shall be carried out and submitted to the Planning Authority for its approval. This shall cover the area in and around Johnston Loch and the Wetland Area along the Western Boundary of the site and shall be used to inform the design and location of the proposed footpaths and other works in those areas. Reason: In the interests of the conservation value and visual amenity of the site. Background Papers: Consultation Responses: Email from Pardeep Chand (NLC Arboriculture) dated 13.1.23. Memo from Traffic & Transportation dated 2.12.22. Email from Archaeology Service dated 7.12.22. Contact Information: Any person wishing to inspect these documents should contact Jim Lennon at lennonj@northlan.gov.uk . Report Date: 12th January 2023 Page 103 of 120
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APPLICATION NO. 22/01250/S42 REPORT 1. Site Description 1.1 The site comprises agricultural fields extending to 49 ha with a farmstead and currently used for grazing. The site is bound by housing to the north, Johnston Loch and Lochend Road and housing beyond to the east, a Railway line, housing and agricultural land to the south and agricultural land to the west. The site slopes down from the north of the site to the south of the site adjacent to the Loch and generally the whole site slopes down to the Loch. 1.2 There are mature tree belts within the site which provides a significant level of screening to the site. The two fields are delineated by a mature hedgerow running roughly north to south. 2. Proposed Development 2.1 The planning application was submitted under Section 42 of the Town and Country Planning (Scotland) Act 1997 and seeks to vary three conditions that were attached to application 19/00274/PPP, namely:- • Condition 3(e) where the wording stipulates that the local distributor road should meet agreed standards, however the applicant has requested that the ‘wetland crossing area’ be excluded from the local distributor standard proposed throughout the development site which stipulates that the local distributor road should incorporate a 1m verge with a 3m wide cycle/footway on the north/east side and a 2m wide verge with 2m wide footpath on the south/west side; • Condition 15 where the wording stipulated that no development could take place within the development site until the applicant had secured the implementation of a staged programme of archaeological work in accordance with a Written Scheme of Investigation. The applicant requests that the condition be changed to state ‘that no development shall take place within each phase of the development until the applicant has secured the implementation of a staged programme of archaeological work for that phase in accordance with a Written Scheme of Investigation…’. • Condition 18 where the wording stipulated that no development could take place within the development site until tree protection measures were in place. The applicant has requested that this be altered to state ’that before the development starts within each phase of development tree protection measures shall be in place…’ 3. Site History • 17/01766/PAN Proposal of Application Notice: Erection of Residential Development, Link Road and Associated Works decided 23.10.2017. • 18/00190/EIASCO Request for EIA Scoping Opinion: Residential Development and Associated Infrastructure decided 23.03.2018. • 19/00274/PPP Residential Development (circa 750 units), incorporating retail/community uses, open space, access, link road and associated works (including demolition of existing buildings) approved 17.03.2021. • 19/01213/MSC Construction of 290 Dwellinghouses and Associated Roads, Infrastructure and Landscape Works approved 19.09.2021. 4. Development Plan 4.1 The proposals require to be assessed under the terms of the North Lanarkshire Local Development Plan 2022 and, in particular under the terms of: • PP 3 POLICY Purpose of Place • AD 3 POLICY Amount of Development • EDQ1 Site Appraisal • EDQ3 Quality of Development Page 104 of 120
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5 Consultations 5.1 Archaeology Service have no objections to the proposed amendment to the original condition. 5.2 NLC Arboriculture have no objections to the proposed amendment to the original condition. 5.3 NLC Roads and Transportation have no objections to the proposed amendment to the original condition. 6. Representations 6.1 Following the standard neighbour notification and press advertisement process 9 letters of representation have been received with respect to the proposed development. The comments are summarised below: • There should be no more houses built in the area. • Increased traffic will cause an issue in the area. Widening Lochend Road to create a roundabout will have an impact on existing houses that they were unaware of. • The noise coming from Lochend Road is problematic at present, more houses will exacerbate the problem. • A new school is required, not more houses. • There are not enough resources to support more houses in the area e.g. Doctors, Dentists and local shops. • Recent building works have polluted Johnston Loch and generally destroyed wildlife habitat. • Existing developments have not been completed in a satisfactory manner. • Removal of the Greenbelt. • Neighbours were notified during the festive period which is not right as people don’t have time to respond. 7. Planning Assessment 7.1 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. 7.2 As described in 2.1 above the applicant has requested to vary three conditions attached to permission in principle 19/00274/PPP to negate the need to 1) create the road as per original condition where it crosses the ‘wetland area’ (Condition 3(e)), 2) secure the implementation of a staged programme of archaeological work across the whole area and request a staged approach to this for each phase of development (Condition 15) and 3) secure the implementation of a staged tree protection measures for each phase of development as opposed to tree protection measures being put in place before development starts on the whole development area (Condition 18). 7.3 After consulting with the relevant Consultees as per paragraph 5 above, it is considered that the proposed amendments to the three conditions attached to the Planning Permission in Principle decision are considered to be acceptable to the Council. The Council’s Roads and Transportation section are satisfied that the minor alteration to dimensions of the proposed local distributor road, where it crosses the ‘wetland area’ is agreeable as it lessens the impact on the wetland area. The Archaeology Service are satisfied with the phased approach to securing the implementation of a staged programme of archaeological work for that phase in accordance with a Written Scheme of Investigation. NLC Arboriculture are also satisfied that tree protection measures shall be put in place before development starts within each phase of development. 7.4 It should be noted that just over one third of the overall site has the benefit of detailed planning permission and no applications have been submitted to date for the remainder of the site that benefits from Planning Permission in Principle consent. 7.5 National Planning Framework (NPF4) has been approved by the Scottish Parliament and will become part of the development plan on 13 Feb. Although not adopted just now, it is nevertheless treated as a significant material consideration. In terms of this particular application, neither the development plan or NPF4 is deemed to be of particular relevance to the planning assessment. Page 105 of 120
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Representations 7.6 In response to the grounds of representation in 6.1 above, it is not my intention to address the individual points raised as all points raised are concerns about new development and it’s impact on the area. The application before the Committee is not an application for more development, it is an application to alter three planning conditions pertaining to an approved planning permission in principle permission for development of 750 dwellinghouses as described in paragraphs 7.2 and 7.3 above. All the points made by concerned residents were raised in the deliberation of the previous application which was approved or are not a material consideration in determining the current application, due to the nature of the application. 8. Conclusions 8.1 In conclusion, following assessment of the application and notwithstanding the objections received, it is considered that the proposed variation of Conditions 3(e), 15 and 18 of 19/00274/PPP to allow for 1) an alteration to the road/verge/footway dimensions where the new road crosses the ‘wetland area’ (Condition 3(e)), 2) allow for a phased approach to securing the implementation of a staged programme of archaeological work (Condition 15), and 3) allow for a phased approach to tree protection is acceptable to the Council. It is considered that these minor changes to the original planning permission will not have a detrimental impact on the development, as previously approved, and makes sense from a logistics viewpoint. It is therefore recommended that the conditions are varied as requested. It should be noted that the nature of this type of application results in the Council issuing a new planning permission in principle that will include the original as well as the updates/amended planning conditions. Page 106 of 120
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Application No: 22/01363/S42 Proposed Development: Application under Section 42 to amend condition 5 and condition 12 of consent 19/00002/FUL to link each of the conditions to the parts of the approved development to which they relate Site Address: Mossend Rail Head Reema Road Industrial Estate Reema Road Bellshill ML4 1RR Date Registered: 23rd November 2022 Applicant: Peter D. Stirling Ltd/ID Meiklam Trust Mossend Rail Head Reema Road Industrial Estate Reema Road Bellshill ML4 1RR Agent: Ironside Farrar 111 McDonald Road Edinburgh EH7 4NW Application Level: Major Application Contrary to Development Plan: No Ward: 15 Bellshill Angela Campbell, Jordan James Linden, Pat Patton, Lisa Stubbs, Representations: No letters of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed changes to conditions 5 and 12 are considered to be acceptable with no substantive impact on the previous consent. Page 107 of 120
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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: 22/01363/S42 Name (of applicant): Peter D. Stirling Ltd/ID Meiklam Trust Site Address: Mossend Rail Head Reema Road Industrial Estate Reema Road Bellshill North Lanarkshire ML4 1RR Development: Application under Section 42 to amend condition 5 and condition 12 of consent 19/00002/FUL to link each of the conditions to the parts of the approved development to which they relate Page 108 of 120
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Proposed Conditions:- 1. That the development hereby permitted shall be carried out in accordance with the approved drawings numbered - 50309/101 Rev E dated 25.10.18. and 50309/501 rev B dated 12.12.18. Reason: To clarify the drawings on which this approval is founded 2. That before commencement of work on site, the applicant must apply for and obtain a European Protected Species Licence from Scottish Natural Heritage for all related development works affecting the identified bat habitat within the application site. Furthermore, the applicant shall provide written confirmation to the Planning Authority that this licence has been obtained prior to commencement of works on site. Reason: In order to comply with the relevant European Protected Species legislation. 3. That prior to commencement of works on site, an intrusive site investigation survey as recommended in the Geological and Mining Risk Assessment Report produced by Johnson Poole and Bloomer Ltd dated May 2019 shall be carried out and detailed findings including required remedial works shall be submitted in both hard copy and electronic format for the written approval of the Planning Authority. Reason: To ensure that the site is free of contamination in the interests of the environmental amenity of the area. 4. That any mitigation works identified as part of the Site Investigation in condition 3 above shall be carried out and verified by a suitably qualified environmental engineer to the satisfaction of the Planning Authority prior to construction work commencing on site. Reason: In the interests of the environmental amenity of the area. 5. That BEFORE the development south of the approved A8 roundabout hereby permitted starts, a scheme of landscaping for all landscaped areas and all boundary treatments shall be submitted to, and approved in writing by the Planning Authority, and it shall include details of any earth moulding and hard landscaping, grass seeding turfing and boundary treatments/fencing etc. Reason: To enable the Planning Authority to consider these aspects. 6. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of the landscaping and boundary treatments identified in condition 5 above. Reason: To ensure the maintenance of the landscaping scheme in the interest of amenity. 7. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance. Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site. 8. That the SUDS compliant surface water drainage scheme approved in terms of Condition 11 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans. Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site. Page 109 of 120
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9. The proposed A8 Roundabout shall be constructed generally in accordance with Ironside Farrar Drawing No. 50309/516 "A8 Roundabout Plan, Horizontal Geometry" and Ironside Farrar Drawing No. 50309/517 "A8 Roundabout Profile, Vertical Geometry" to the satisfaction of the Planning Authority, in consultation with Transport Scotland. Reason: To ensure that the nature of the design of the proposed junction meets current design standards and implementation will not adversely affect the safe and efficient operation of the trunk road network. 10. There shall be no connections to the trunk road drainage system permitted from the access roads on the north and south sides of the proposed roundabout outwith the extents of trunk road adoption. Reason: To ensure that the efficiency of the existing drainage network is not affected 11. Details of the lighting within the site shall be submitted for the approval of the Planning Authority, after consultation with Transport Scotland, as the Trunk Roads Authority. Reason: To ensure that there will be no distraction or dazzle to drivers on the trunk road and that the safety of the traffic on the trunk road will not be diminished 12. Prior to commencement of development of the A8 roundabout and other works within the trunk road, details of landscape planting and fencing along the boundaries with the trunk road shall be submitted for the approval of the Planning Authority, in consultation with Transport Scotland. Reason: To minimise the risk of pedestrians and vehicles gaining uncontrolled access to the trunk road with the consequential risk of accidents, and also to provide appropriate environmental screening. Background Papers: Consultation Responses: None Contact Information: Any person wishing to inspect these documents should contact Paul Williams at 01236 632500 Report Date: 16th January 2023 Page 110 of 120
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APPLICATION NO. 22/01363/S42 REPORT 1. Site Description 1.1 The site lies to the north of Bellshill and Mossend and to the south of Carnbroe and straddles the new M8 motorway and the A8 trunk road to the north. The site covers an area of 18.9 Hectares and is made up of former farmland which has been bisected by the construction of the new M8 motorway with a mixture of maintained fields with boundaries defined by hedgerows and mature treelines over a relatively flat landscape. 2. Proposed Development 2.1 19/00002/FUL received PP for This application is for the construction of a link road and roundabout between the A8 and the existing M8 Overbridge in order to provide access to the Mossend International Rail Link. This application seeks to vary conditions 5 and 12 of Planning Permission 19/00002/FUL. The proposed changes are to amend suspensive condition 5 regarding the submission of landscaping proposals related to the approved planning permission 19/00002/FUL for the Link road between the A8 and the existing M8 overbridge to include an insert (in bold) stating that BEFORE the development south of the approved A8 roundabout hereby permitted starts a scheme of landscaping shall be submitted to and approved in writing by the Planning Authority, and it shall include details of earth moulding and hard landscaping, grass seeding, turfing and boundary treatments/fencing etc. . 2.2 Similarly with suspensive condition 12 of that consent regarding the submission of landscaping and boundary treatment along the boundaries of the trunk road proposals to insert (in bold) thus – Prior to commencement of development of the A8 roundabout and other works within the trunk road, details of landscape planting and fencing along the boundaries with the trunk road shall be submitted for the approval of the Planning Authority in consultation with Transport Scotland. 2.3 The aim of the proposed changes to these conditions is intended to more effectively link each of the conditions to the parts of the approved development to which they relate, allowing the required information to be submitted at the appropriate time. 3. Applicant’s Supporting Information 3.1 A supporting letter dated 14th of November 2022 was submitted by Ironside Farrar regarding this application seeking minor amendments to conditions 5 and 12 of Planning Permission 19/00002/FUL. 4. Site History 4.1 Members will recall that planning permission in principle for the expansion of Mossend railheads with additional sidings, the development of the Mossend International Railfreight Park and associated class 4, 5 and 6 uses including access to the A8 trunk road (13/02079/PPP) was refused by the council on the 22nd of September 2014. The developer then appealed this decision. The appeal was recalled by Scottish Ministers who overturned the original recommendation of the reporter and allowed the appeal, granting planning permission in principle subject to conditions in December 2014. 4.2 The Scottish Ministers’ decision was subsequently challenged and quashed in a Court of Session challenge made by the council and the appeal was subsequently referred back to the DPEA in December 206 for re-consideration. This appeal was allowed in October 2017. Condition 9 of this appeal consent stated that – unless otherwise agreed in writing by the planning authority in consultation with Transport Scotland, construction of the new roundabout connection onto the A8, generally in accordance with Dougall Baillie Associates Drawing Number 11097/100/200, shall only be permitted to commence following the M8-M73-M74Motorway Improvement Scheme becoming fully operational, Reason: To ensure that the nature of the design of the proposed junction meets current design standards and that implementation will not adversely affect the safe and efficient operation of the trunk road network. Page 111 of 120
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4.3 Application 19/00002/FUL was submitted as a result of this condition and approved in February 2020. This application seeks to vary conditions 5 and 12 of this consent as described above in section 2. 5. Development Plan 5.1 The North Lanarkshire Local Development Plan 2022 Identifies the site as being within a Business Centre and is part of a specifically identified development platform (NLC00007). Placemaking Policy PP2A (Strategic Business Centres) applies which specifically promotes the development of Class 4 Business, Class 5 General Industrial and Class 6 Storage and Distribution. Policy AD 2A relates to the amount of such development and in this case no assessment of the amount of development is required for the above uses. 6. Consultations 6.1 None. 7. Representations 7.1 No letters of representation were received as a result of newspaper advertisement placed in the Motherwell Times on the 7th of December 2022. 8. Planning Assessment 8.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, Planning Authorities are required that in determining planning application proposals, where regard is to be had to the Development Plan, determination should be in accordance with this Plan unless material considerations indicate otherwise. In this instance there are no strategic implications and the application will therefore be considered in relation to Local Plan Policy. Therefore, the proposal requires to be determined under the terms of the North Lanarkshire Local Development Plan and any other material considerations. 8.2 The North Lanarkshire Local Development Plan 2022 Identifies the site as being within a Business Centre and is part of a specifically identified development platform (NLC00007). Placemaking Policy PP2A (Strategic Business Centres) applies which specifically promotes the development of Class 4 Business, Class 5 General Industrial and Class 6 Storage and Distribution. Policy AD 2A relates to the amount of such development and in this case no assessment of the amount of development is required for the above uses. 8.3 The proposed changes to conditions 5 and 12 are considered to be minor with no effect on the assessment of the previously approved development under consent 19/00002/FUL or in the context of the recently adopted North Lanarkshire Local Development plan and relevant policies as outlined above. 8.4 The proposed changes to conditions 5 and 12 of planning permission 19/00002/FUL for the link road between the A8 and the existing M8 overbridge are considered to reasonable with no substantive impact on the link road consent. 8.5 National Planning Framework (NPF4) has been approved by the Scottish Parliament and will become part of the development plan on 13 Feb. Although not adopted just now, it is nevertheless treated as a significant material consideration. In terms of this particular application, neither the development plan or NPF4 is deemed to be of particular relevance to the planning assessment 9. Conclusions 9.1 It is therefore considered that the proposed changes to conditions are acceptable and therefore, this application is recommended for approval subject to the application of the appropriate conditions, in this case being the amended conditions 5 and 12 as well as all other conditions approved under consent 19/00002/FUL. Page 112 of 120
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Application No: 22/01425/FUL Proposed Development: Part change of use to Childminders Site Address: 7 Glen Orchy Court Craigmarloch Cumbernauld G68 0DH Date Registered: 30th November 2022 Applicant: Mrs Kayleigh McIntosh-Lowrie 7 Glen Orchy Court Craigmarloch Cumbernauld G68 0DH Agent: N/A Application Level: Local Application Contrary to Development Plan: No Ward: 02 Cumbernauld North Danish Ashraf, Tom Fisher, Alan Masterton, Gordon Currie, Representations: 15 letter(s) of representation received. Recommendation: Approve (Subject to Conditions) Reasoned Justification: The proposed 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 the North Lanarkshire Local Development Plan 2022. Page 113 of 120
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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: 22/01425/FUL Name (of applicant): Mrs Kayleigh McIntosh-Lowrie Site Address: 7 Glen Orchy Court Craigmarloch Cumbernauld G68 0DH Development: Part change of use to Childminders Page 114 of 120
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Proposed Conditions:- 1. That, except as may otherwise be agreed in writing by Planning Authority, the part change of use of the property relates to the family room, lounge and W.C at the front of the property along with the back garden Reason: To define the permission. 2. That the development hereby permitted shall be started within three years of the date of this permission. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. 3. That the childminding use, for which planning permission is hereby granted, shall take place only between the hours of 0800 and 1800 on Monday to Friday. Reason: To safeguard the amenity of the surrounding residents. 4. That the maximum number of children looked after shall be limited to 12 and this number applies only between the hours of 15:30 and 18:00 at all other times between 08:00 and 15:30 the maximum is 6 Reason: To safeguard the amenity of the surrounding residents. 5. That before the child minding operation hereby permitted starts, the applicant shall submit a scheme of measures/detail a way of operating to ensure that traffic to and from the property associated with child care is minimised. The said scheme shall be submitted to and approved in writing by the planning authority and the scheme as approved (or such other scheme as may be agreed in writing) shall be implemented and remain in force so long as child minding is undertaken from the property Reason: In the interests of amenity and to address traffic movements Background Papers: Consultation Responses: None Contact Information: Any person wishing to inspect these documents should contact Alex Reid at 01236 632500 Report Date: 16th January 2023 Page 115 of 120
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APPLICATION NO. 22/01425/FUL REPORT 1. Site Description 1.1 The application site comprises of a 2 storey, detached dwellinghouse located within an established residential area of Craigmarloch, Cumbernauld. To all sides of the dwelling are properties similar in style, design and age. The existing dwelling is finished in facing brickwork, concrete roof tiles and uPVC windows. 2. Proposed Development 2.1 The application seeks full planning permission for a part change of use to childminders within a residential property. 3. Applicant’s Supporting Information 3.1 The application is for a part change of use, only selected rooms will be used for the childing minding business. These rooms are the family room, lounge and W.C at the front of the property as highlighted in the drawing titled ‘change of use part of home’. 3.2 The original application was for 3 childminders and 18 children in total as detailed below: • 3 Childminders are applicant, spouse and additional member of staff • 9 children under the age of 5 from 8am to 6pm • 9 children between the age of 6 and 16 from 3.30pm to 5.30pm. 3.3 After discussions with the applicant, in regard to the concerns of neighbouring residents it was agreed to help protect the amenity of the neighbourhood to reduce the staff to 2 people and the total number of children to 12, details of which are below • 2 Childminders are applicant and spouse. • 6 children under the age of 5 from 8am to 6pm • 6 children between the age of 6 and 16 from 3.30pm to 5.30pm. 3.4 The applicant has confirmed that the operating hours of the child-minding business will be from 8am to 6pm on Monday to Friday. The company provides a pickup and drop off service using their 9- seater and 7-seater vehicle. No children will be dropped off by their parents at the property at any point, therefore, decreasing any traffic issues. Site has front curtilage parking to accommodate both vehicles so there will be no on street parking. 3.5 It should be noted that child minding can be something that does not require planning permission and it is an established principle that up to 6 children can be looked after without permission being needed. In this case there is the after school element which will mean that for a limited part of the day up to 12 children will be looked after. It is only this element that requires permission. 4. Site History 4.1 The following applications are of relevance: • 98/01111/FUL Rear Extension to Dwelling (PER – Application permitted) • 11/01119/FUL Erection of Extension to Dwelling. (PER – application permitted) • 12/00390/FUL Erection of Two Storey Side Extension and Enlargement Of Existing Single Storey Rear Extension (Amendment to Planning Consent No. 11/01119/FUL) (WDN – Application withdrawn) • 22/01411/CLP Part change of use of house to childminders (WDN – Application withdrawn) Page 116 of 120
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5. Development Plan 5.1 This site is covered by policies General Urban Area PP3 Purpose and Place, AD3 Policy Amount of Development and Environmental and Design Qualities EDQ3 Policy Quality of Development. 6. Consultations 6.1 No consultation responses were sought with regards to this proposal. 7. Representations 7.1 Following standard neighbour notification procedures, 15 letters of objection were received. The objections raised can be fairly summarised as follows: • Increase in traffic and congestion due to cars arriving, parking and exiting the property. • Increase of noise due to additional traffic • Title Deeds of the surrounding properties state that the dwelling should remain residential and no business shall be operated within • It’s a nursery and not a childminding business due to number of children • Operating hours of 6.30am to 11pm • Loss of amenity • Staff Parking • Pet Hotel operating from property as well 8. Planning Assessment 8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues and can be assessed against the local plan. 8.2 The application site is in an area designated by Placemaking Policy (General Urban Area) in the North Lanarkshire Local Development Plan (2022). This policy 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. Placemaking Policy (General Urban Area) requires such proposals to be assessed against the criteria of Environmental Development Qualities (EDQ) 1-3, where EDQ 1A is the most relevant to the application. 8.3 The proposed part change of use (as amended) is considered satisfactory in size, location, and design terms, and will not harm the residential amenity of the site or the general area. Being a part change of use the proposal will have no impact on neighbouring properties in terms of sunlight/daylight impacts nor will it have an impact on garden size. The proposal will not have an unacceptable impact on the existing parking provision. 8.4 National Planning Framework (NPF4) has been approved by the Scottish Parliament and will become part of the development plan on 13 Feb. Although not adopted just now, it is nevertheless treated as a significant material consideration. In terms of this particular application, NPF4 is judged to be in line with the development plan assessment noted earlier Representations 8.4 The matters raised in the letters of representation are addressed in turn below. • Increase in traffic causing congestion Comment: Again, it should be noted that the need for permission is triggered by the proposed afterschool care element and up to 6 children can be looked after without the need for planning permission However, as part of the application the applicant has advised they will supply a child pick up and drop off service. Therefore, there will be no significant increase in traffic. A planning condition is recommended that will require the applicant to detail their transportation arrangements for the children in their care and thereafter require this scheme to be adhered to and this will formalise this element of their operation. Page 117 of 120
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• Increase of noise due to additional traffic Comment As stated above, there will be no significant increase in traffic/a condition is recommended to control this matter • Title Deeds of the surrounding properties state that the dwelling should remain residential, and no business shall be operated within Comment: While this is noted, this is not a material planning consideration or something the planning service have authority over as it is a private legal matter. • It is a Nursery with over 30 children Comment This information was obtained from the company’s website which detailed the former/old premises and had yet to be updated. The original application for the new premises was for 18 children in total. After discussions with the applicant, this has been reduced to 12 children which is subject to a planning condition. The need for permission is triggered by the afterschool element as up to 6 children can be looked after without the need for planning permission • Operating Hours Comment It has been stated that the operating hours are between 6.30am and 11pm. This information was obtained from the website which detailed the former/old premises and had yet to be updated. Operating hours for the new premises are 8am to 6pm which is subject to a planning condition. • Loss of Amenity Comment With the reduced number of children, it is considered that the part change of use can be accommodated without detriment to the surrounding properties. • Staff Parking Comment The original application was for 3 childminders operating on the premises, the applicant, spouse and additional member of staff. After discussions with applicant, this has now altered to 2 childminders within the premises, the applicant and spouse. The dwelling can accommodate front curtilage parking so there will be no on street parking. • Pet Hotel in operation at dwelling Comment This information was obtained by the company’s website for the former/old premises. The applicant did originally state that the dog home boarding would be to a smaller scale. However, the applicant has now advised in writing that the dog home boarding will not be commencing at the new property and no additional animals will be in the property. 9. Conclusions In conclusion, considering all the circumstances relevant to this application, the proposed part change of use is considered acceptable. The childminding business can be accommodated within the property without adversely affecting the residential amenity of neighbouring properties or residential character of the surrounding area, therefore, complies with policies PP3 (General Urban Area) and EDQ3 (Quality of Development) in North Lanarkshire Local Development Plan 2022. Taking account of the provisions of the development plan and all other material considerations it is recommended that permission be granted subject to conditions. Page 118 of 120
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North Lanarkshire Council Report PLANNING COMMITTEE Agenda item _________ approval noting Ref PH/SW Date 02/02/2023 PLANNING AND ENFORCEMENT NOTICE APPEALS LODGED From Chief Officer of Place 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 undernoted planning appeals recently lodged with the Scottish Ministers. Recommendations It is recommended that the Committee notes the position. Background Application No. Applicant Date of Council Form of Note & Proposal & Site Decision Appeal 22/00840/FUL Detached Single Storey Dwelling Mr Martin Moore Land To Rear Of 8 Whitehill Farm Road Stepps North Lanarkshire 15/09/2022 Written Submission N/A 22/00868/FUL Installation of a new 40m high lattice telecoms tower with 12 x antennas and ancillary equipment and the relocation of 4 x 300mm diameter dishes, all contained within a new compound enclosed by way of a 2.5m high palisade fence Wireless Infrastructure Group Fir Park Stadium Fir Park Street Motherwell North Lanarkshire ML1 2PR 13/10/2022 Written Submission N/A AGENDA ITEM 3 Page 119 of 120
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PAMELA HUMPHRIES CHIEF OFFICER OF PLACE Page 120 of 120