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North Lanarkshire Council · 2 March 2023
Back to Planning Committee — 2 March 2023 and its agenda

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Page 1

Our Ref:
Your Ref:
Contact:
Tel:
Fax:
E-Mail:
Date: 
Mark Hamill
07811294702 
hamillm@northlan.gov.uk
21 Feb 2023 
Members of the
Planning Committee     
Chief Executive’s Office
Archie Aitken
Chief Officer (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 March 2023 at 10:00 am which you are requested
to attend. 
The agenda of business is attached.    
Chief Officer (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. 
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AGENDA
(1) Declarations of Interest in terms of the Ethical Standards in Public Life Etc. (Scotland) Act
2000
(2) Planning Applications Index (page 5 - 30)
Submit Planning Applications Index (copy herewith)
(3) Notice of Planning and Enforcement Appeals Decision (page 31 - 32)
Submit report by the Chief Officer (Planning) advising of one planning and enforcement
appeals decision (copy herewith)
(4) Planning Performance Framework 2021-2022 (page 33 - 44)
Submit report by the Chief Officer of Place advising of the Scottish Government’s feedback on
the performance of the Planning and Place Service for the period from 1 April 2021 to 31
March 2022 based on the Planning Performance Framework (copy herewith)
(5) National Planning Framework 4 Update on Implementation (page 45 - 50)
Submit report by the Chief Officer (Planning) setting out the the implications for the Council as
a result of the adoption of National Planning Framework 4 and the application of National
Planning Policies contained within it. (copy herewith)
(6) Draft Supplementary Guidance: Affordable Housing, Planning and Noise and Antonine Wall -
World Heritage Site (page 51 - 120)
Submit report by the Chief Officer (Planning) seeking approval to (1) undertake external
consultation for new statutory Supplementary Guidance Note - Policy CI 1 Category Affordable
Housing Supplementary Planning Guidance, relating to guidance for developers and
landowners on how the identified shortfall in the provision of affordable housing in the
Cumbernauld Housing Sub-Market Area (HSMA) will be addressed and (2) undertake external
consultation for the Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites
Supplementary Guidance July 2022 (copy herewith)
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North
Lanarkshire
Council               
Planning Applications for consideration 
of Planning Committee 
Committee Date: 02-03-2023                      
Ordnance Survey maps reproduced from Ordnance Survey 
with permission of HMSO Crown Copyright reserved 
AGENDA ITEM 2
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APPLICATIONS FOR PLANNING COMMITTEE 
2nd March 2023 
Page
No
Application No  Applicant Development/Site Recommendation 
22/00296/MSC  Mr W.D.&R.T.
Hill
Construction of 401 Houses and ancillary
infrastructure: MSC application for
development at Wemysshill North in respect of
conditions 1, 3, 4, 5, 6, 7, 8, 9, 10, 18, 21 and
22 of permission ref: 20/01468/S42
(Residential Development & Associated Uses,
including Community Uses and Retail)
Wemysshill Farm
Castlehill Road
Overtown
ML2 0RU 
Grant 
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Page 7

Application No:  
22/00296/MSC
Proposed Development: 
Construction of 401 Houses and ancillary infrastructure: MSC
application for development at Wemysshill North in respect of
conditions 1, 3, 4, 5, 6, 7, 8, 9, 10, 18, 21 and 22 of permission
ref: 20/01468/S42 (Residential Development & Associated Uses,
including Community Uses and Retail)  
Site Address: 
Wemysshill Farm
Castlehill Road
Overtown
ML2 0RU 
Date Registered: 
16th March 2022 
Applicant:
Mr W.D.&R.T. Hill
C/o HolderPlanning Ltd
139 Comiston Road
Edinburgh
EH10 5QN 
Agent:
Holder Planning Ltd
139 Comiston Road
Edinburgh
EH10 5QN 
Application Level:
Local Application 
Contrary to Development Plan:
No
Ward:   
21 Wishaw 
Bob Burgess,Fiona Fotheringham,Jim
Hume,Frank McKay,
Representations:
11 letter(s) of representation received.   
Recommendation: Approve Subject to Conditions 
Reasoned Justification: 
The principle of housing development on the site is well established through the grant of
planning permission in June 2018 (15/01634/PPP) and subsequent approval of planning
permission in January 2021 (20/01468/S42) and, through allocation of the site for housing in
the Development Plan.  All reserved matters have been assessed in the context of material
changes to development plan policy and subject to conditions, the application is not considered
to raise any conflicts with the North Lanarkshire Council Local Development Plan, NPF4 and/or
other material considerations.   
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Page 8

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: 22/00296/MSC 
Name (of applicant): Mr W.D.&R.T. Hill
Site Address: Wemysshill Farm
Castlehill Road
Overtown
North Lanarkshire
ML2 0RU
Development: Construction of 401
Houses and ancillary infrastructure: MSC
application for development at
Wemysshill North in respect of
conditions 1, 3, 4, 5, 6, 7, 8, 9, 10, 18, 21
and 22 of permission ref: 20/01468/S42
(Residential Development & Associated
Uses, including Community Uses and
Retail)   
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Proposed Conditions:- 
1. Plans and particulars of the matters listed below shall be submitted for consideration by the Planning
Authority for each phase of the proposed development and no work shall begin on that phase until the
written approval of the planning authority has been given: 
(a) details of the management and maintenance of all open space, landscaped and play areas identified
and shaded on Drawing Nos 598-01-01c and 598-01-01D; 598.01.11D,  598.01.12D; 598.01.13D;
598.01.14D; 598.01.15D; 598.01.16D; 598.01.17D; 598.01.18D; 598.01.19D; 598.01.20D;
598.01.21D; 598.01.50; 598.01.10E; 598.01.15E ; 598-01-10F ; 598-01-11E ; 598-01-12E; 598-01-
13E; 598-01-14E; 598-01-15E; 598-01-18E and; 598-01-50A. 
(b) details of play equipment. 
Reason: To ensure provision is made for the long-term management and maintenance of all open
space, landscaped and play areas. 
2. Further details of fencing and boundary treatment between the residential units hereby approved in the
southeast corner of the development and adjoining housing in Trows Road (Nos. 1-43), Orchard Street
(Nos. 46 and 61) and Belmont Street (Nos 26-31), together with existing and proposed site levels and
cross sections, shall be submitted to the Planning Authority for approval before the development
commences. 
Reason: To protect the amenities of neighbouring occupiers and prospective occupiers of the
development. 
3. The area identified as Area D in the JWH Ross Mining Stability Investigation Report dated 
27/08/13 as being at risk from shallow coal workings shall not be developed and fencing shall be 
erected around the shaft areas shown on Drawing No. 598/01.51a dated January 2022 prior to the first 
occupation of the development and shall be retained in situ and in good order for the lifetime of the 
development. 
Reason: To ensure all matters relating to coal mining risk are adequately addressed. 
4. Windows of an upgraded acoustic specification of the indicative sound reduction performance as
shown in the far right-hand column of Table 1 Indicative Sound Reduction Performance,  together
with ventilators of an acoustic specification providing not less than the equivalent  indicative sound
reduction performance shall be provided within the living areas of each of the plots shown in Table 1. 
5. An acoustic barrier of 2.25m height constructed in brick with minimum surface density of 10kg per square
metre shall be provided at the locations shown in Figures 4 and 5 of the Vibrock  letter report dated 6th
May 2022 and referenced R22.11100/RK/Let3/2. Details of landscaping and planting to screen the
acoustic barrier, together with materials and elevations shall be submitted to the Planning Authority for
approval prior to the commencement of the development.   
Reason: To protect the amenities of prospective occupiers of the development whilst ensuring that the
acoustic barriers are of a satisfactory standard of external appearance and do not detract from the
development. 
6. A validation report to demonstrate that the noise mitigation measures, detailed in Condition 4 and 5
above, have been implemented within the development shall be submitted to the Planning Authority
prior to the first occupancy of the dwelling houses.  This shall be signed off by a suitable qualified noise
specialist. 
Reason: To protect the amenities of prospective occupiers of the development. 
7.  No development shall take place on open space and landscaped areas shaded on Drawing Nos. 
598-01-01c and 598-01-01D; 598.01.11D, 598.01.12D; 598.01.13D; 598.01.14D; 598.01.15D; 
598.01.16D; 598.01.17D; 598.01.18D; 598.01.19D; 598.01.20D; 598.01.21D; 598.01.50; 598.01.10E;
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598.01.15E ; 598-01-10F ; 598-01-11E ; 598-01-12E; 598-01-13E; 598-01-14E; 598-01-15E; 598-01-
18E and; 598-01-50A. 
For the avoidance of doubt, this shall include all green verges, green corridors and green  spaces
within the development footprint and all areas outside the development footprint  annotated on
Landscape Strategy Drawing Nos 598-01-01c and 598-01-01D as open space,  parkland, linear park,
maintained grass, natural grassland, wetland meadow, woodland, green  routes, grass verges, buffer
zone, hedgerow, proposed trees and paths. These areas shall  be retained permanently for the
purpose of providing informal recreation, biodiversity  and/or visual amenity and for no other
purpose. 
Reason: To protect the nature conservation interests of the SINC and LNR and to protect the setting of
the development and surrounding landscape character. 
8. No development shall take place 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 to, and agreed in writing by, the planning authority. 
Reason: To enable the planning authority to consider these aspects in detail. 
9. Before works of any description within any phase of development begin, unless otherwise agreed in
writing with the Planning Authority, a comprehensive site investigation report for that phase of
development shall be submitted to and approved in writing by the Planning 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 the remediation strategy if
required shall be submitted sequentially for each individual phase of development for approval by the
Planning Authority 
Reason: To establish whether site decontamination is required in the interests of the amenity and
wellbeing of future users of the site. 
10. Any remediation works identified by the relevant site investigation required by Condition 9, shall be
carried out to the written satisfaction of the Planning Authority.  Before each phase of the development
is brought into use, a validation report (signed by a suitable qualified specialist in such matters) shall be
submitted to the Planning Authority confirming that any remediation works required by relevant site
investigation have been carried out in accordance with the terms of the remediation strategy for each
phase of the development. 
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of
future users of the site. 
11. Notwithstanding the terms of condition 10 above a final validation report (signed by a suitable qualified
specialist in such matters) including all the validation reports approved for all the phases of the
development shall be submitted to the planning authority confirming that all remediation works submitted
and approved under the terms of condition 10 above have been completed. 
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of
future users of the site. 
12.  Prior to works of any description being commenced on each phase of development, unless otherwise
agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme
for that phase shall be submitted to, and approved in writing by the Planning 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
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users adjacent to and within the development site respectively.  
13.  The SUDS-compliant surface water drainage scheme approved in terms of Condition 12 above shall be
implemented contemporaneously with the development in so far as is reasonably practical.  Within three
months of construction of the SUDS, 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 relevant CIRIA Manual and the approved plans. 
Reason: To safeguard any adjacent watercourses and groundwater from pollution and in the interests
of the amenity and wellbeing of existing and future users.  
14.  Before any works start on site for any phase of development, the developer 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 for that phase.  The surface water must be treated in accordance
with the principles of the Sustainable Urban Drainage Systems 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. 
15.  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 of the site and the visual amenity of the site and the
adjacent residents. 
16. If the development has not commenced on site within one year of previous surveys, updated bat, badger
and breeding bird surveys shall be undertaken and submitted to the Planning Authority for approval in
writing.  For the avoidance of doubt the bat surveys shall include all buildings within the site prior to their
demolition, and the badger survey shall include a protection plan for any badger setts that are identified. 
Using a modified common bird census methodology, breeding bird surveys shall consist of: 
• Three visits with each visit lasting between 3-4 hours;
• Territories to be mapped and transect routes shown (this is to show that the observer is able to get
within 50 metres of every part of the site);
• Proposed mitigation, including a timetable for those works. 
Thereafter, once agreed, any required mitigation shall be implemented to the written satisfaction of the
planning authority. 
Reason: To safeguard and protecting nature conservation interests. 
17. The Habitat Management Plan and LNR/SINC Protection Plan hereby approved shall be 
implemented in full and in perpetuity prior to the construction and demolition phases. For the 
avoidance of doubt, the approved Plans shall incorporate all enhancement measures referred to in 
the JDC Ecology Updated Ecology and LNR/SINC, Barn Owl, Badger and Bat Protection Plans 
Version 6.1, dated November 2022. 
Reason: To ensure that the measures outlined in the approved Habitat Management Plan are 
carried out in accordance with the agreed scheme. 
18.  Notwithstanding the terms of condition 17 above the approved Habitat Management Plan shall make
provision for the formation of a Habitat Management Group (HMG) to monitor implementation of the
plan.  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 this initial approval
unless agreed otherwise by the Planning Authority. 
Reason:  To ensure that the approved Habitat Management Plan is carried out in accordance with the
agreed scheme.
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19. Lighting design for both the construction and operational phases of the development shall be directed
into the construction area and away from the SINC/LNR.  The developer shall refer to the publication:
Bats and Artificial Lighting in the UK, Bats and the Built Environment Series, Guidance Note 08/18 (Bat
Conservation Trust/Institute of Lighting Professionals) provides a guide for lighting selection. 
Reason: To minimise the impact on bats and other species. 
20. Construction method statements (CMSs) shall be submitted for each phase of the development and the
approved CMSs shall thereafter be adhered to for the duration of the works.  The CMSs shall address
potential impacts of all construction works on the surrounding environment and local population, and
shall include a site construction environmental management plan and measures to control, and protect
where appropriate: 
• Noise impact;
• Dust Impact;
• Light impact;
• Air quality; 
• Odour;
• Construction traffic;
• Ecology, protected species and designated sites;
• Watercourses and ground water, and,
• Public access. 
Reason: To safeguard the amenity of the local environment and nearby communities. 
21.  Any retail floor space provided within the site shall be restricted to convenience retailing only and shall
be of a scale that does not exceed the reasonable top-up convenience shopping requirements of
residents of the approved development. 
Reason: To ensure that the type of retail development is appropriate to this out of centre location.   
22.  Each residential unit shall be provided with at least one electric vehicle charging point with a 
minimum rating of 7kW unless otherwise agreed by the Planning Authority. 
Reason: To facilitate the transition to ultra-low emission vehicles and minimise lifecycle greenhouse gas  
emissions as far as possible in accordance with Climate mitigation and adaptation. 
23.  The development shall take place in accordance with the approved Phasing Strategy by  Persimmon
entitled Wemysshill/Castlehill, Wishaw Version 2, submitted on 20th January 2023 associated phasing
plan (Drawing No. 2017-PL-013B) submitted on 10th November 2022 unless otherwise agreed in writing
by the Planning Authority. 
Reason: To ensure adequate phasing of the development in the interests of proper planning of the site. 
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Background Papers: 
Consultation Responses:
NLC Greenspace / Pardeep Chand received 28th June 2022 and 31st August 2022 
Archaeology Service received 19th April 2022 and 31 May 2022 
Environmental Health (including Pollution Control) received 6th April 2022 and 19th May 2022
The Coal Authority received 14th April 2022, 12th July 2022 and 17th October 2022  
Scottish Water received 11th May 2022 
Strategy & Policy Team received 21st April 2022 
Scottish Environment Protection Agency received 7th April 2022
Traffic & Transportation received 16th June and 25th November 2022 
Contact Information: 
Any person wishing to inspect these documents should contact Ann McGregor at 01236 632500 
Report Date: 
17th February, 2023
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APPLICATION NO. 22/00296/MSC 
REPORT 
1. Site Description 
1.1 The current MSC application forms one of three conjoined applications submitted following approval of
planning permission in principle for 601 residential units at Castlehill/Wemysshill granted at appeal on
13th June 2018 under Planning Reference 15/01634/PPP (‘the Approved Masterplan’). A subsequent
application (Reference 20/01468/S42) was submitted under Section 42 of the Town and Country
Planning (Scotland) Act 1997 and approved by Committee on 28 January 2021. The current application
for 401 houses at Wemysshill, together with the application at Castlehill for 200 houses (Reference
22/00925/MSC) and application for road infrastructure works (22/00297/FUL) form the ‘Revised
Masterplan’.   
1.2 The application site lies south of Gowkthrapple and west of Overtown and slopes downwards towards
the River Clyde, which is approximately 1 kilometre to the southwest.  Wishaw Town Centre is
approximately 1 kilometre to the north.  The site, extending to some 40.50 hectares, forms the larger
portion of housing allocation NLMW1179; a 69.4-hectare site designated for up to 601 residential units
in the North Lanarkshire Local Development Plan, adopted 6th July 2022.     
1.3 The former agricultural use of the site has been abandoned in recent years and the site now consists of
unused open fields, scrub, woodland and derelict farm buildings associated with the former Wemysshill
Farm. 
1.4 The northern boundary of the site is defined by the B754 Castlehill Road which provides a direct
connection between Wishaw and Overtown, passing through Gowkthrapple en-route. Castlehill Road
(north) is characterised by a mix of residential, community and educational uses, including, Clyde Valley
High School Campus.  The southern edge, southwest and southeast flanks of the site are enclosed to
some degree by belts of woodland. Cambusnethan Woodland is situated to the southwest and borders
the adjoining application site (Reference 22/00925/MSC). The woodland is of semi-natural origin and is
a designated Local Nature Reserve (LNR) and Site of Importance for Nature Conservation (SINC) and
is protected by a Tree Preservation Order (TPO).  One limb of the woodland is contained within the
boundary of the adjoining MSC application for 200 houses (Reference 22/00295/MSC).  Beyond the
southern edge of the site, the landscape consists largely of open fields, scattered woodland, linear trees
along the edge of the River Clyde and occasional small holdings and farm buildings. A residential estate
lies immediately east of the site and features semi-detached and four-in-a-block properties, some of
which share a common boundary with the proposed residential plots in the southeast corner of the site.
An access road serving Cambusnethan Priory lies along the western boundary of the site and defines
the western boundary of the adjoining application site (Reference 22/00295/MSC).   
1.5 Currently, there are two vehicular access points off Castlehill Road; the first runs northeast/ southwest
through the site and serves several dwellinghouses and rural businesses to the south of the site,
connecting the site to the A71 Horsely Brae Road to the east. The second access consists of a shorter
stretch of road which serves the now redundant Wemysshill Farm buildings.  The farm buildings are
currently unoccupied and in a poor state of repair. There are also several field gate access points along
the northern, western and southern boundaries of the site. An existing access road leading from A71
Horsley Road to Castlehill Road is recognised as Core Path 331 in the Council’s Core Paths Plan.   
2. Proposed Development   
2.1 The current MSC application (Reference 22/00296/MSC) relates to a proposal for 401 residential units
located within proposed Zones C and Zone B of the site as shown on the submitted Development
Framework Drawing (20170) PL) 101A.  The development consists of detached, semi-detached and
terraced two storey houses in a range of styles. The accommodation mix includes 60 x 2 bed units, 77
x 2 bed units plus study, 107 x 3 bed units and 157 x 4 bed units.  A schedule of accommodation has
been submitted in support of the application and provides details of house typologies and accommodate
mix.  Two in-curtilage car parking spaces will be provided for each of the 2 bed units and 3 in-curtilage
car parking spaces will be provided for each of the 3 and 4 bed units.  A further 120 visitor car parking
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spaces will be provided within the site boundary. The application also proposes landscaping, tree
planting, play and amenity open space, including parkland to the northeast, and a linear park
incorporating a landscaped SuDs basin to the south.  The total provision of open space across the
Revised Masterplan site (22/00296/MSC and 22/00295/MSC) is approximately 47 hectares (436,005
sqm) of which 0.2 hectares (2105 sqm) will form dedicated active play space. A further area of 9.3
hectares (93305 sqm) will form communal open space area. 
2.2 The application seeks approval of matters specified in the following conditions attached to Planning
Reference 20/01468/S42: 
• Condition 1 (Siting, Design, Layout etc)
• Condition 3 (Details of Junctions, Formal and Informal Play, Footpath/Cycle links, and a Site-
wide Landscape Strategy)
• Condition 4 (Phasing)
• Condition 5 (Revised Transport Assessment)
• Condition 6 (Existing and Proposed Site Levels)
• Condition 7 (Updated Flood Risk and Drainage Assessment)
• Condition 8 (Updated Geo-environmental Desk Assessment)
• Condition 9 (Updated Noise Assessment)
• Condition 10 (Landscape Plan and Landscape Strategy)
• Condition 18 (Local Nature Reserve Protection Plan)
• Condition 21 (Updated Bat, Badger and Breeding Birds Survey) and 
• Condition 22 (Habitat Management Plan).   
2.3 Approval is also sought for the removal of Condition 25 (Retention of all existing buildings at Wemysshill
Farm) to enable demolition of the redundant farm buildings on site which have been subjected to
vandalism over the years and are now in a poor state of repair. 
2.4 Related applications (22/00295/MSC and 22/00297/FUL) were approved under delegated powers. 
Planning permission 22/00295/MSC for 200 residential units located within Zone B of the Approved
Masterplan site as shown on the submitted Development Framework Drawing (20170) PL) 101A, sought
the discharge of Conditions 1, 3, 4, 5, 6, 7, 8, 9, 10, 18, 21 and 22.  Planning Permission 22/00297/FUL
sought permission for road infrastructure works, including provision of two roundabouts off Castlehill
Road.   
3. Applicant’s Supporting Information 
3.1 The current MSC application is accompanied by the following supporting information: 
• Condition 1 - An updated Design and Access Statement and drawings showing: layout and
external appearance of all buildings; boundary fencing and walling; means of access to the site;
internal roads, footways, informal foot paths, cycle paths, hard and soft landscaping (including,
existing and proposed trees, shrubs and hedgerows); surface drainage including, SUDS; car
and cycle parking areas; existing and proposed site levels; details of play areas commensurate
with the scale of the proposed development; the design of all rear boundary walls and fences. 
• Conditions 3 and 10 - Landscape Strategy, details of the roundabouts and junctions on Castlehill
Road, Formal and Informal Play and Amenity Open Space Strategy. 
• Condition 4 - Phasing Plan for residential, retail, community, new roads and junctions, foot/cycle
path links and associated landscaping. 
• Condition 5 -Updated Transport Assessment, Transport Phasing Assessment, Technical Note
examining traffic flow data; Layout of proposed Castlehill Access Roundabouts; Overton Cross
proposed junction layout; Netherton Cross proposed junction layout; Travel Plan and; Castlehill
Road Bus Stop Measures. 
• Condition 7 - Supplementary Report to the Updated Flood Risk and Drainage Assessment.
• Condition 8 - Mining Stability Investigation dated August 2013, Supplementary Mining
Constraints Plan, Drainage Plan and Short Report by Wardell Armstrong dated 28 September
2022. 
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• Condition 9 - Noise Impact Assessment dated 6 August 2021 and Noise Prediction Modelling
and Mitigation Plan to Reflect Amended Site Layout dated 6 May 2022 
• Condition 11 - Archaeology Desk Based Assessment and Written Scheme of Investigation (May
2022). 
• Conditions 1 (g) and (h) and Condition16 - SuDs Surface Water Drainage, Proposed Foul Water
Drainage and Existing Combined Sewer Plans. 
• Condition 18 - Local Nature Reserve/ SINC Protection Plan; Barn Owl Protection Plan and;
Badger and Bat Protection Plan dated November 2022. 
• Condition 21 - Updated habitat management plan for the Cambusnethan Woods SINC. 
• Condition 25 - Photographic evidence of dilapidated Wemysshill farm buildings. 
4. Site History 
4.1 Planning permission in principle for residential development and associated uses, including community
uses and retail, was granted on appeal on 13th June 2018 under Planning Reference 15/01634/PPP.   
4.2 This was followed by an application submitted under Section 42 of the Town and Country Planning
(Scotland) Act 1997 (Planning Reference 20/00784/S42) to amend the statutory timescales covering
the submission of additional reserved matters which was refused by Planning Committee on 15th
October 2020.   
4.3 Planning Application 20/01468/S42 was submitted under Section 42 to amend condition 12 of Planning
Permission 15/01634/PPP (for Residential Development & Associated Uses, including Community Uses
and Retail in principle) to allow the submission of the site investigation report to be provided in phases. 
This application was granted by Planning Committee on 28th January 2021. 
4.4 A non-material variation to 20/01468/S42 to amend the development footprint of the Approved
Masterplan site (Reference 15/01634/PPP) was agreed by the Planning Authority on 18th December
2021.  The proposed revision was deemed necessary on account of the discovery of a high-pressure
pipeline in the northwest corner of the site. 
5. Development Plan 
5.1 The original planning permissions (15/01634/PPP and 20/01468/S) were approved under The North
Lanarkshire Local Plan (2012), which has been superseded by The North Lanarkshire Local
Development Plan, Adopted 6th July 2022.  The National Planning Framework 4 (NPF4) was approved
by the Scottish Parliament on 11th January 2023 and adopted on 13th February 2023 and now forms
part of the Council’s Development Plan.  NPF4 prevails over any policies in the Development Plan that
are incompatible with its aims and objectives. The current Development Plan therefore consists of The
North Lanarkshire Local Development Plan, (Adopted 6th July 2022) and NPF4. 
5.2 Policy PROM LOC3 Housing Development Sites commits the Council to maintain a minimum five-year
effective housing land supply at all times and to meet housing needs in accordance with the national
policy position.  LDP policy PROM LOC3 is compatible with Policy 16 Quality Homes of NPF4. 
5.3 Policy PROM LOC4 Special Landscape Areas and Green Network Improvements seeks to promote
understanding and awareness of the distinctive character and special qualities of  designated Special
Landscape Areas (SLAs) and requires proposals affecting a SLA to satisfy the provisions of all EDQ
and PROT Policies in order that provision is made for a contribution towards the maintenance of the
Green Network.  Policy PROM LOC4 is compatible with sub-section d) of Policy 4 Natural Places of
NPF4. 
5.4 Policy PROM ID2 Utilities Improvements is relevant to the extent that it seeks to ensure that the special
qualities of all protected landscapes (including, SLAs) are not adversely impacted by development. The
SLA to which the current application relates is identified in Table 1 (Group 2) of the policy, as the Clyde
Valley Special Landscape Area; a natural heritage asset which is also safeguarded under Policy PROT
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A Natural Environment and Green Network Assets.   Policy PROM ID2 is compatible with sub-section
d) of Policy 4 Natural Places of NPF4. 
5.5 Policy PROT A Natural Environment and Green Network Assets seeks to ensure that proposals will only
be granted where it is demonstrated to the Council’s satisfaction that development will not adversely
affect natural heritage assets, including, Sites of Importance for Nature Conservation (SINCs) and Local
Nature Reserves (LNR), and/or that the impacts of the development can be mitigated through
environmental measures. Policy PROT A is compatible with sub-sections c) and d) of Policy 4 Natural
Places of NPF4. 
5.6 Policy PROM ID1 Transport Improvements provides that development will be assessed for its
contribution to modal shift in line with the sustainable modal hierarchy and current Strategies, in
accordance with the EDQ Policies of the Development Plan.  This policy accords with NPF4.Policy 13
Sustainable Transport and Policy 15 Local Living and 20 Minute Neighbourhoods. 
5.7 Policy AD3 Amount of Development and Policy PP3 Purpose of Place - the site is located within the
General Urban Area where Policy AD3 Amount of Development and Policy PP3 Purpose of Place apply.
For development within Class 9 (Houses), there is no requirement to justify ‘the amount of development’
under Policy AD3.  However, this matter is qualified with further clarity provided in Policy PP3 which
requires new development to maintain and improve the level of amenity in urban areas and be of a
quality that is in keeping with residential character. These matters will primarily be achieved through
application of the environmental and design quality policies contained in the Development Plan.  Whilst
the Local Development Plan does not apply rudimentary density standards to new housing development,
other Council standards must be adhered to; amongst these include the Council’s Open Space (garden
sizes) standards, Play Provision standards and Parking standards which are material to the
determination of the application.  Policies PP3 and AD3 of the Development Plan are in line with the
broad aims of objectives of tNPF4, namely Sustainable Places and Liveable Places and more
specifically, are compatible with the six qualities of successful places detailed in NPF4 Policy 14 Design,
Quality and Place and the criteria listed under NPF4 Policy 15 Local Living and 20 Minute
Neighbourhoods. 
5.8 Policy CI Contributions to Infrastructure - A Section 75 Agreement has been completed to secure (index
linked) contributions towards education in accordance with the requirements of the existing planning
permission and requirements of Policy CI.  No further contributions are sought.  LDP Policy CI is
compatible with subsection b) of NPF4 Policy 18 Infrastructure First. 
5.9  Policy EDQ 1 Site Appraisal - To ensure successful integration with landscape setting and the built
fabric, Policy EDQ 1 requires applications to be accompanied by an appraisal of development to
demonstrate that it is able to satisfy the design quality criteria of the policy.  EDQ1 is compatible with
the broad aims and objectives of NPF4 Policies 14 Design, Quality and Place and 15 Local Living and
20 Minute Neighbourhoods. 
5.10 Policy EDQ 2 Specific Features for Consideration requires that in areas subject to hazards (Hazardous
Zones) and/or other specific features (utilities infrastructure and management areas) in accordance with
plans and protocols of the relevant managing agencies, applications for development should be
accompanied by an assessment of how the identified constraints will be managed.  Where ground
stability (coal mining), or contamination appraisal identifies the need for any necessary mitigation
measures, including treatment or remediation, development will only be permitted where those
mitigation measures can be secured. This policy is in accordance with NPF4 Policy 9 Bownfield, Vacant
and Derelict Land and Empty Buildings. 
5.11 Policy EDQ 3 Quality of Development permits development where high standards of site  planning
and sustainable design are achieved.  Policy EDQ3 is also compatible with the broad aims and
objectives of Policy 14 Design, Quality and Place and Policy 15 Local Living and 20 Minute
Neighbourhoods of NPF4. 
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5.12     Also, material to the determination of the application is: 
• The Council’s ‘Developer’s Guide to Open Space’, which sets standards for minimum front and
rear garden depths and spatial standards for plots garden/building ratios;
• The Council’s Parking Standards and;
• The Council’s Open Space/Play Space Standards 
5.13 In summary all LDP policies considered in the determination of the current application are 
compatible with the broader policy aims and objectives of NPF4. 
6. Consultations 
6.1 NLC Archaeology – Condition 11 of the permission cannot be signed off until a programme of works
has been implemented in accordance with the submitted Written Scheme of Investigation.  This
condition, replicated in this report as Condition 8, must remain in force 
6.2 NLC Green Space – With regards to Condition 18, Local Nature Reserve Protection Plan, Greenspace
is satisfied with the details provided. Provision should also be made to create a habitat implementation
group in order to facilitate all the actions within the plan and annual reports should be submitted to the
Council on the progress and management within the plan.  Any deviation from the plan should seek
permission from the Council.  Greenspace has no objection to the discharge of Condition 21 (Updated
bat, badger and breeding bird surveys).  However, a further condition is required to ensure that if the
development has not commenced on site within one year of previous surveys, updated survey work will
be required for these species and the survey work shall be submitted to the Planning Authority for
review; condition 19 of the extant permission should therefore be reworded and remain in force. 
6.3 NLC Strategy and Policy – No objection 
6.4 NLC Protective Services – No objection to the proposed development on grounds of noise impact
subject to conditions. 
6.5 NLC Transportation – Subject to further detailed analysis during the Construction Consent stage, NLC
Transportation accepts the contents of the Street Engineering Review, the Castlehill Road roundabout
design amendments and Overtown Cross and Netherton junction improvements submitted in support of
the application.   
6.6 The Coal Authority – The area identified in the JWH Ross report as being at risk from shallow coal
workings (Area D) will not be developed as part of this current application. This therefore negates the
need for any remedial works in this area.  Potential departures of the mine entries have been taken into
account when calculating the fence lines for these features.  Subject to the fencing being implemented
on site as proposed prior to the first occupation of the development and being retained in situ and in
good order for the lifetime of the development, The Coal Authority has no objection to the discharge of
Condition 8. 
6.7  Scottish Water – No objection to the proposed development. However, the applicant should be aware
that this does not confirm that the proposed development can currently be serviced. 
6.8 SEPA – Refer to Standing Advice. 
7. Representations 
7.1 Following advertisement in the local newspaper, standard neighbour notification and neighbour
renotification, the Planning Authority has received 11 letters of objection to the proposed development.
The objections are summarised below: 
7.2 Green Belt Designation /Contrary to Local Plan and Structure Plan / Alternative Sites in Ravenscraig,
Newmains and Wishaw 
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Response: Planning permission in principle for up to 601 houses on the site was granted on appeal on
13th June 2018. The Reporter’s decision, which is binding, established the principle of housing on the
site.  During the Development Plan process and ‘Call for Sites’, all sites that were put forward for housing
including, sites in Ravenscraig, Newmains and Wishaw and the current application site, were thoroughly
examined and after a lengthy Development Plan examination process, in which all representations to
the draft plan were considered, these sites were allocated for housing in the draft Development Plan. 
As part of the Development Plan process, the current application site was removed from Green Belt and
allocated for 601 residential units in the draft North Lanarkshire Local Development Plan on the strength
of evidence to demonstrate a significant shortfall in the Council’s housing land supply. Subsequently,
the Scottish Ministers confirmed in a letter dated 5 July 2022 that the Council could proceed to adopt
the North Lanarkshire Local Development Plan.   
7.3 Loss of Amenity: Noise Impact 
Response:  Noise and disruption during construction will be regulated under the Control of Pollution Act
1974. Recommended construction working hours in residential areas are: 8am to 7pm Monday to Friday
and 8am to 1pm Saturday with no noisy operations on Sundays or public holidays. The Building
(Scotland) Regulations 2004 also contains provisions to limit sound transmission emanating from new
buildings once completed, to a level that will not threaten the health of occupants and/or adjoining
neighbours. The above measures will ensure noise levels are within acceptable standards. 
7.4 Loss of Amenity: Overshadowing /Loss of Light/Loss of Privacy/Loss of View 
Response: The proposed dwellings are sufficiently distanced from existing properties to prevent any
significant effects caused by overshadowing /loss of light and/or overlooking/ loss of privacy.  Loss of
view is not a material planning consideration. 
7.5 Loss of Amenity: Light Pollution 
Response: A condition is attached to minimise artificial light and mitigate light pollution. 
7.6 Loss of Amenity: Rights under Art 1 and Art 8 of ECHR 
Response: The development can be implemented without detriment to the amenity of neighbouring
dwellings. The human rights of neighbouring occupiers will not therefore be affected by the
development. 
7.7 Impact on School Capacity 
Response: Developer contributions to help address the cumulative impacts of the development on
educational resources have been secured by means of a legal agreement between the developer and
the Council. The contributions will provide acceptable mitigation for any impact on school capacity. 
7.8 Impact on Local Community and Play Facilities   
Response: This matter was addressed by the Reporter during the appeal of planning reference
15/01634/PPP. The Reporter concluded that although the site is peripheral in nature and likely to be
further from centres of employment, services and facilities than more centrally located alternatives, it is
reasonably well served by public transport and is reasonably close to schools and other facilities. The
current application makes provision for contributions towards educational facilities.  Additionally, the
development will make provision for formal active play space consisting of over 2000 square metres of
land within the site and for over 4000 square metres of informal amenity space.  A condition is
recommended to ensure that details of play equipment are submitted to the Planning Authority for
approval before the development commences. 
7.9 Impact on Wildlife/Ecology 
Response: A Habitat Management Plan and Local Nature Protection Plan have been submitted in
support of the application. Conditions are recommended to ensure that a Habitat Management Group
is set up to monitor and review the submitted Habitat Management Plan on an annual basis and that
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the HMP Group liaise with Council’s Biodiversity Officer to seek approval for any changes to the HMP.
Various other measures are proposed to mitigate any adverse effects on the SINC, LNR and SLA
designations, including retention of trees and hedgerows and buffers, minimisation of artificial lighting
and creation of green corridors, open space, parkland, SuDs and new native species planting throughout
the development.   
7.10 Impact on Open Space / Landscape 
Response:  The development provides managed open space in excess of 6000 square metres and
provides a landscaped linear park with footpaths, areas for active play space and a green network of
pedestrian and cycle paths. A Landscape and Visual Impact Assessment was submitted in support of
the original Approved Masterplan (15/01634/PPP); the Reporter concluded that the effect on landscape
character would be localised and that the development would not affect the landscape character of the
Clyde Valley due to the difference in ground levels and screening effect of established woodland to the
south of the development.  The Reporter noted that whilst the development would result in a change to
the existing landscape/townscape character, the change would complement land to the north and to the
east, which is already predominantly built up and in residential and/or other use.  Landscaping and tree
planting both within and around the development will facilitate integration of the site with the surrounding
landscape. 
7.11 Impact on Drainage and Flood Risk 
Response: SEPA no longer offers comment on certain applications and therefore, has offered ‘no
comment’ on the current MSC application. SEPA previously raised no objection to 15/01634/PPP on
flood risk grounds and recommended that the developer liaise with Scottish Water regarding potential
surface water flooding from rainfall and sewer overflow.  A condition was attached to 15/01634/PPP to
ensure that an updated Flood Risk Assessment was prepared at MSC stage to take account of SEPA’s
recommendations.   The updated FRA proposes an adoptable drainage network, including SUDS, and
discharge to a minor watercourse in line with current Scottish Water ‘’Sewers for Scotland 4’’.  The
drainage system has been designed to comply both with the original approved Drainage Impact
Assessment Report and with updated technical guidance as appropriate.  
7.12 Impact on Local Road Network /Traffic Congestion/Parking 
Response:  Concerns relating to traffic impact, including congestion, access to local properties, road
safety and emissions are noted.  The submitted revised Transport Assessment addresses matters such
as traffic distribution and makes provision for signalised crossings on Castlehill Road and enhanced
access to bus stops, together with other off-site road and junction improvement works.  Electric vehicle
charging points will be fitted in all new residential units to encourage switch to electrical vehicles.
Conditions are also recommended to ensure impacts on the local road network are minimised.   
7.13 Insufficient Time to Respond / Developer has not engaged with the Community (Overtown & 
Waterloo Community Council) 
Response:  Overtown & Waterloo Community Council was contacted directly both by email and by
telephone and advised that determination of the application had been extended, allowing sufficient time
for the Community Council to respond.  With regard to engaging with the community, there was no
requirement for the developer to do so at this stage given that the application relates only to the
discharge of conditions attached to a previous consent.  It is understood however that the developer
fully engaged with the community prior to the submission of the approved planning permission in
principle (15/01634/PPP) and accordingly, submitted a PAC report in support of that application. 
8. Planning Assessment 
8.1 The assessment considers the submissions made in support of the current MSC application which seeks
to discharge a number of conditions attached to existing planning permission in principle (20/01468/S42)
to the extent that those conditions relate to Planning Reference 22/00296/MSC and associated land
outlined in red and shown on the Location Plan.   
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8.2 Section 25 of the Town and Country Planning (Scotland) Act 1997 as amended provides that where, in
making a determination under the Planning Acts, regard is to be had to the Development Plan unless
material considerations indicate otherwise. The Development Plan consists of The North Lanarkshire
Local Development Plan (Adopted 6th July 2022) and NPF4 (Adopted on 13th February 2023). 
Consequently, the determination of the application must be made in accordance with both and in the
event of any incompatibility between NPF4 and the Development Plan, whichever of them is later in
date, NPF4 is to prevail.  The matters specified in the conditions attached to the existing permission
(15/01634/PPP subsequently renewed and amended by 20/01468/S42), do not raise any issues of
regional or national significance. The current MSC application can therefore be determined in the
context of the policies in the North Lanarkshire Local Development Plan (Adopted 6 July 2022) provided
that they are compatible with NPF4. Statements and policies in NPF4 are also material to the
determination of the application.   
8.3 The following guidance is also material to the determination of the application: 
• The extant planning permission in principle (20/01468/S42) for residential development (of up to 601
units) and associated uses, including, community and retail use
• The Council’s Open Space Standards 
• The Council’s Play Provision Standards
• The Council’s Parking Standards
• The Council’s Statement of Landscape Importance for the Clyde Valley Special Landscape   Area
Background Report November 2018 
Principle of the Development 
8.4 The principle of housing development on the site is well established, initially through the grant of
planning permission in principle at appeal on 13th June 2018 under reference 15/01634/PPP and
subsequent renewal of permission under reference 20/01468/S42 (the Approved Masterplan) and
latterly, through allocation of the site for housing in the North Lanarkshire Council Local Development
Plan (Allocation NLMW1179 for up to 601 units). For those reasons there is no scope to challenge the
principle of housing on the site under the current MSC application. 
8.5 Policy PROM LOC3 Housing Development Sites commits the Council to maintain a minimum five-year
effective housing land supply at all times and to meet housing needs in accordance with the national
policy position. The submitted Phasing Plan encompassing both 22/00296/MSC (401 units) and
22/00295/MSC (200 units) proposes delivery of 601 units over a nine-year period, with the majority of
units being delivered in Phases 1-5 over a five-year period from March 2023 – March 2028 (indicative
dates) and over lifetime of the Development Plan).  The delivery of housing on the site will make a
significant contribution to housing need, housing supply and annual housing completion targets.  The
development is therefore in accordance with the objectives of Policy PROM LOC3 of the Development
Plan and Policy 16 Quality Homes of NPF4. 
Siting, Design and Layout (Condition 1) 
8.6 To ensure successful integration with the landscape setting and the built fabric, Policy EDQ 1 Site
Appraisal, requires applications to be accompanied by an appraisal to demonstrate that proposed
development is able to satisfy the design quality criteria of the policy. The current MSC application is
accompanied by a Revised Masterplan Framework which consists of the current Wemysshill application
for 401 units (22/00296/MSC) and the neighbouring Castlehill application for 200 units (22/00295/MSC)
which was approved under delegated powers.  The Revised Masterplan addresses the primary changes
to the Approved Masterplan, including amendments to the development footprint and road layout, both
of which were deemed necessary due to the presence of a high-pressure pipeline in Zones A1 and A2
of the Approved Masterplan site. Zones A1 and A2 of the current application are therefore excluded
from development. 
8.7 A comparative analysis of the Approved and Revised Masterplans demonstrates that the overall land
take for housing development in the Revised Masterplan is considerably less than that which was
originally approved.  The effect of this is a visibly reduced development footprint and more compact
housing layout, coupled with a greater proportion of land now being offered up as community open
space. Whilst the condensed footprint will result in an overall increase in site density, it is noted that in
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accordance with Policy AD3 Amount of Development, rudimentary density standards will not be applied
to housing development in the General Urban Area.  Appropriate density for any given site is an output
of a process of assessment arrived at through a design-led approach which takes account of site
context, land supply and infrastructure capacity.  The condensed development footprint will not
compromise the capacity of the site to accommodate all 601 units as allocated in the Development Plan,
nor will it lead to a crammed layout.  The proposed layout of residential units, spacing between units,
proportion of public amenity open space, play space and private garden ground serving each of the
plots together with the provision of in-curtilage and visitor parking, demonstrate that the Council’s
minimum standards for open space, play space and private garden ground have been achieved. The
wider development, incorporating both MSC applications (22/00295/MSC and 22/00296/MSC), makes
provision for amenity open space in excess of 6000 square metres of which over 2000 square metres
will be provided as dedicated equipped play space.  The proposed provision of open space both meets
the requirements of Policies PP3, AD3 and EDQ1 and is in accordance with the Council’s Open Space
and Play Space requirements.  The proposed development also makes provision for sufficient in-
curtilage parking and visitor parking in line with the Council’s Parking Provision standards. 
8.8 Further analysis of the Approved and Revised Masterplans demonstrates that the original consented
vehicular access and road layout largely remain the same with Designing Streets featuring heavily in
the street design to deliver a pedestrian priority environment that connects to new and existing local
core path networks.  Key characteristics of the Revised Masterplan include: no development zones and
green infrastructure areas to the northwest, southwest and southeast; retention of existing woodland
and hedgerows; creation of a boulevard frontage to Castlehill Road in the north; creation of a network
of green corridors and pedestrian and cycle paths through the site with linkages to amenity open space,
landscaped areas, core paths and to Castlehill Road; defensible landscape boundaries around the
majority of the site; linear parkland to the south and; vehicular northwest / southeast connections through
the site.  The Revised Masterplan layout demonstrates high standards of site planning, permeability,
biodiversity and sustainable design and is therefore considered to meet the aims of Policy EDQ3 of the
Development Plan.   
8.9 House typologies consist of a mix of two-storey detached, semi-detached and terraced houses (terraces
contain rows of 3, 4 and 5 units) in various house styles (12 styles in all) with each style incorporating
different features, volumes, fenestration patterns, façade treatments and contrasting materials to break
up massing and create variety in the street scene. External wall finishes include riven sherboune
brickwork (red) alternated with white dolomite chip. Feature plots are identified at key locations including
entrances to primary streets and main vistas and will be finished in grey rothesay brickwork; this will
help guide people through the development and will act as wayfinding whilst helping to create diversity,
character and a clear identity.   Roof materials will alternate between terracotta and anthracite synthetic
slates. Surface materials include, black asphalt and Marshalls keyblock in natural stone. Street facing
boundary walls where required will be constructed fully in brick to match the colour of the associated
unit; these are largely proposed on corner plots and/or where gable walls, side and rear gardens front
the street. Elsewhere front gardens will be open to the street. All units will be provided with solar roof
panels and electric vehicle charging points. 
8.10  Close board privacy fencing of 1.8 metres in height is proposed to the rear of units and will not be visible
from the street.   Since the existing housing in Trows Road, Orchard Street, Belmont Street and Brooklyn
Place is situated on a slightly higher elevation than units proposed in the southeast corner of the
development, it may be necessary to form a higher boundary rear fence than a standard 1.8m high
fence in order to protect the privacy of prospective occupiers of the development. The height and type
of boundary treatment will be determined upon the submission of further details, including section
drawings to show the relationship between the proposed and existing housing.  In respect to siting,
design, boundary treatment and external appearance of buildings and other structures, it is considered
that the development will provide a high standard of site planning and sustainable design and will
integrate successfully with the surrounding environment to ensure compliance with the requirements of
Policies EDQ1 and EDQ3. 
8.11 Sufficient detail has been provided in respect of siting, design and external appearance of all buildings
and other structures. Satisfactory details have also been provided for new roads, means of access to
the site, footways, cycle paths, car parking, hard and soft landscaping including new and existing trees,
shrubs and hedgerows to be retained, means of enclosure/ boundary walls and fences, existing and
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proposed site levels and location and scale of play space areas.  No issues have been identified that
give rise to any conflicts with Policies PROM LOC4, PROM ID2, PROT A, EDQ1 and EDQ3 of The
Development Plan and/or the Council’s Open Space Standards or Parking Standards.  It is therefore
recommended that Conditions 1 (a), (b), (c), (d), (f), (i) and (j) of 20/01468/S42 are discharged. No detail
has been submitted in respect of Condition 1 (e) management and maintenance and for this reason, the
condition should remain in force. It is recommended that Condition 1 k) is reworded to ensure that further
details of play equipment are submitted to the Planning Authority for approval. It is also recommended
that a further condition is attached to ensure section drawings and details (including height) of boundary
fences are submitted to the Planning Authority for approval to show the relationship between the
proposed units in the southeast corner of the site and the existing housing on Trows Road, Orchard
Street, Belmont Street and Brooklyn Place. Conditions 1 (g) and (h) are addressed elsewhere in this
report. 
Landscape (Conditions 3 and 10) 
8.12 Policy EDQ 3 Quality of Development permits development where high standards of site planning and
sustainable design are achieved.  Policy PROT A Natural Environment and Green Network Assets
seeks to protect natural and resilient sustainable places by safeguarding natural heritage assets and
Policy PROM LOC4 Green Network Improvements Promotes understanding and awareness of the
distinctive character and special qualities of the designated Special Landscape Areas.   
8.13 A site-wide landscape strategy has been submitted in support of the application to demonstrate how the
proposed scheme of landscaping will protect the special qualities of the SLA and facilitate integration of
the development. The landscape design principles proposed in the site-wide landscape strategy
replicate the principles already established in the approved landscape strategy and incorporate, new
woodland structural planting to infill gaps in tree cover around the site perimeter particularly to the south,
together with retention of existing tree cover and woodland within and around the site.  The SLA will also
be protected through ‘no development zones’ and additional screen tree planting to the southern edge
of the site. This will ensure safeguarding of existing natural assets and will minimise impacts on
landscape character. Linkages to the existing woodland in the valley to the south will be maximised and
extensive landscaping, green verges and tree planting will be provided throughout the site, along primary
and secondary routes (within the development envelope) and on the edges of the site, to promote visual
amenity, emphasise street hierarchy and to enhance the setting of the development. The development
will incorporate an east-west boulevard to Castlehill Road along the northern edge of the development
and north-south boulevard through the site.  New green routes linking the Castlehill Road boulevard
frontage to the proposed new parkland area in the northwest (Zones A1 and A2 of the Revised
Masterplan site) and to the linear park and landscaped SuDs areas to the south, will serve as wildlife
corridors through the site to increase biodiversity.  The linear park along the southern edge of the
development will also be linked to a network of paths, including linkages to the established Core Path
331. 
8.14 Mixed native species planting is proposed around the perimeter of the site and in outlying areas to create
a natural extension to the surrounding woodland. Ornamental and appropriately scaled mixed native
species have also been selected for corridors and verges within the development envelope to soften
larger stretches of streetscape, node points and hard surfaces and to provide greenery all year round. 
8.15 The landscape strategy is comprehensive and in addition to protecting the Clyde Valley SLA and
improving and enhancing environmental quality in the area, it will also create new recreational
opportunities and facilitate community access. The proposed landscape strategy is considered to meet
the aims and objectives of Policies EDQ 3, PROT A and PROM LOC4 and it is therefore recommended
that the following conditions are discharged: Condition 1 (d) details of landscaping; Condition 1(i) details
of existing trees, shrubs and hedgerows to be retained; Condition 1 (g) provision of surface drainage
works incorporating SUDS and; Condition 10 (Landscape Plan).  Sufficient details have also been
provided to discharge those parts of Condition 3 that require details of the proposed site-wide strategy
for structural landscaping and the strategic foot/cycle path link, including proposed links to Core Path
331. 
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Play Space and Amenity Open Space (Condition 3)  
8.16 Policy CI Contributions to Infrastructure (Category Green Infrastructure, Amenity Space and Play) seeks
to secure on-site green infrastructure, amenity space and the provision of play infrastructure.  The
Council’s minimum open space standards for play provision, both active and informal space, are set out
in Developer’s Guide to Open Space.   For major developments of 200 units or greater, the minimum
play space requirement is 6000 square metres of which 2000 square metres should be dedicated to
equipped play space. 
8.17 The current Wemysshill application and neighbouring Castlehill application (22/00295/MSC) provide
details of the locations of active and passive open space.   A combined total of 47 hectares
(436,005sqm) of open space will be provided across both sites, of which 0.2 hectares (2105 sqm) will
form dedicated active play space; 1.7 hectares (16820 sqm) will form dedicated informal play space and
9.3 hectares (93305 sqm) will form communal open space area.  It is anticipated that all open space
areas will be maintained by an appointed managing agent and that details of the proposed management
and maintenance of the development will be provided in due course, as required by Condition 1 e) of
the existing consent.   
8.18 The provision of open space, both active play space and informal recreational and amenity space is
considered to meet the requirements of Policy C1 and the Council’s minimum play space and open
space standards. 
8.19 At the time of writing, the Planning Authority has not received any details relating to the management or
maintenance of landscaped areas, a requirement of Condition 1 (e), and/or details of play equipment, a
requirement of Condition 1 (k).  In view of this, it is recommended that Condition 1 (k) details of play
areas, is in part discharged and that a further condition is attached to ensure that details of play
equipment are submitted to the Planning Authority for approval in accordance with the Council’s
Supplementary Guidance (Play Space Requirements). Condition 1 (e) of the extant permission should
remain in force. 
Phasing Scheme (Condition 4) 
8.20 A Phasing Plan, together with supplementary text providing a year-by-year breakdown of the number of
units to be constructed in each phase of the development, together with the phasing for other elements
of the development, including junction improvements, has been submitted in support of both the
Wemysshill application (22/00296/MSC) and Castlehill application (22/00295/MSC). The proposed
Wemysshill development will be delivered over 9 phases and over an indicative period dating from
March 2023 to March 2032. The Castlehill development will be delivered over 5 phases, indicatively
from March 2023 to March 2028.  This will allow the two development sites to be delivered in parallel at
a rate of circa. 75 units per year.  The first phase of the development will involve the construction of the
two new roundabout accesses onto Castlehill Road, together with part of the primary road to allow the
delivery of 601 dwellings. Each phase of the development thereafter will be constructed with roads,
foot/cycle paths and associated landscaping. It is intended that the landscaping will be completed prior
to the last occupation of each phase of the development, depending on planting seasons and prevailing
construction routes. The play areas in Wemysshill will be constructed as part of the Phase 6 works,
indicatively in March 2029 and play areas in Castlehill will be constructed as part of the Phase 5 works
indicatively in March 2028. 
8.21 The improvement of the Castlehill Road/ Main Street junction will be completed prior to the occupation
of the 101st residential unit and improvement of the Netherton Road/ Caledonian Road/ Castlehill Road
mini-roundabout junction will be completed prior to the occupation of the 101st house. Details of the
specific junction improvements are detailed in the Dougall Baillie Report dates 3rd March 2022. 
Transport and Access (Conditions 1 (b), 1 (c) and 5) 
8.22 The application is accompanied by a Transport Assessment, Travel Plan, Street Engineering Review,
access roundabout analysis and offsite junction layouts. The proposed development will take vehicular
access to the site from the B754 and Castlehill Road at two distinct locations: a new access roundabout
to the east in the location of the existing junction access for Clyde Valley High School / Orchard Primary,
and a new access roundabout to the west of the site at Smith Drive. A detailed Traffic and Transportation
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analysis has been undertaken and submitted in support of the application to demonstrate suitability of
the proposed accesses to serve the development. 
8.23 Junction improvements are proposed at Netherton Road and Overtown Cross to mitigate the impacts of
the development on the road network.  Enhanced footpath links to bus stops on Castlehill Road are also
proposed, together with the provision of a new signalised crossing on Castlehill Road which will be
designed as a toucan crossing in accordance with standards set out in Chapter 6 of the Traffic Signs
Manual. Car parking has been provided in accordance with Council car parking guidance (2 spaces per
2 bed houses and 3 spaces per 3- 4 bed houses) to provide a total of 1099 car parking spaces and 120
visitor car parking spaces within the Wemysshill development (22/00296/MSC). 
8.24 The revised layout retains the main spine road of the Approved Masterplan which links the two halves
of the site and two proposed access roundabouts on Castlehill Road.  The layout has been designed to
provide a network of connector roads and streets, providing distribution of traffic throughout and
incorporates a road hierarchy of primary, secondary and tertiary roads and parking courts, together with
appropriate provision of contiguous footways and connected footpath links for pedestrians.  The
proposed primary road route (the spine link road) within the development incorporates a 6.0m single
carriageway, verge and footway of 2m or 3m in width, reflecting a higher movement function than other
road types within the development.  This road provides connectivity between the 2 new access junctions
and creates potential for links to secondary roads in other areas of the development. The network of
secondary roads will provide a means of connecting the primary route to the less trafficked areas,
including tertiary roads, parking courts, and shared accesses. Generally, secondary roads will consist
of 5.5m wide carriageways with footways on either side.  Tertiary roads will generally be shared surface
in nature, with road widths of 5.5m and 2m service strips to either side. Parking courts will be designed
to have a minimum 6m wide aisle with 5m x 2.5m parking bays; the entrance to the parking courts will
be 6m wide and will be accessed via a dropkerb footway crossing. 
8.25 The road network has been designed to achieve a vehicle speed of between 15mph and  20mph and
street geometry/ street layout has been designed in accordance with the principles set out in Designing
Streets and The National Road Development Guidelines. 
8.26  Having regard to the provision of required on-site transportation infrastructure including, road layout,
footways, footpaths and cycle paths, the proposed development is considered to be in accordance with
Policy CI1 Category Transport.  The proposed development is situated immediately adjacent to a bus
route and will provide enhanced footpath links to bus stops that provide regular bus services to
surrounding towns (5 buses per hour) ensuring that it meets the sustainable, multi-modal transport aims
and objectives of Policy PROM ID. In respect to new roads and means of access to the site and to layout
of roads, footways, car and cycle parking areas, it is considered that the development provides a high
standard of site planning and sustainable design in accordance with Policy EDQ3.  Accordingly, it is
recommended that Conditions 1 (b) and 1 (c), Condition 3 and Condition 5 of the consent are
discharged. 
Existing and Proposed Site Levels (Condition 6) 
8.27 Existing and proposed site levels have been submitted in support of the application, together with
proposed site sections.  The drawings show that the Wemysshill site slopes gently towards the
southwest.  The drawings assess the scale and extent of effects on the landscape and in particular, the
SLA designation.  It considered that the visual effects on landscape character will be limited due to
screening of the development from existing hedgerows and woodland and the addition of proposed tree
planting.  The number of receptors affected by the development will also be limited to a few residential
properties in the east, where views over the site will be prominent from Trows Road, Orchard Street and
Belmont Street.   It is unlikely however, that the few farmhouses and smallholdings to the south will
experience views to the site due to the topography and heavy screening from the existing woodland and
hedgerows.   
8.28 Existing housing in Trows Road, Orchard Street and Brooklyn Place is situated on a slightly higher
elevation than the proposed units in the southeast corner of the development.  To protect the privacy of
prospective occupiers of the development, it may be necessary to form a higher boundary fence than a
standard fence of 1.8m. This matter should be examined more fully upon the submission of further
information, including, section drawings that show the relationship between the proposed units in the
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southeast corner of the development and the existing housing in Trows Road, Orchard Street and
Brooklyn.  A condition to this effect is recommended accordingly. 
8.29 The site level and section drawings demonstrate that proposed development will have a low to moderate
impact on the landscape.  However, as concluded by the Reporter during the planning appeal of
15/01634/PPP, the effect on landscape character would be localised and the development would not
affect the landscape character of the Clyde Valley due to the difference in ground levels and screening
effect of established woodland to the south of the development. Whilst the development will result in a
change to the existing landscape/townscape character, the Reporter concluded that the change would
complement land to the north and to the east, which is already predominantly built up.  On balance and
in view of the Reporter’s comment, the proposed development is not considered to raise any conflicts
with Policies PROM LOC4, PROT A, EDQ1 or EDQ3.  Condition 6 is therefore recommended for
discharge. 
Flood Risk and Drainage (Condition 7) 
8.30 Policy EDQ1 provides that development will require to be appraised in the context of its site and
surroundings to ensure that it will integrate successfully into the local area and take account of any
impacts associated with the holistic water environment, flood risk, public utilities and drainage systems.
An updated Flood Risk and Drainage Assessment has been submitted  in support of the proposal
together with detailed plans of the proposed drainage layout to show disposal of foul sewage and
surface water drainage. 
8.31 It is noted that within the site there are localised areas of surface water flooding (pluvial), including two
minor areas in the northwest of the site. These areas are situated within a ‘no development zone’ and
will not therefore present a flood risk to the proposed development.  It is however recommended that a
condition is attached to ensure that the areas of land in question are retained for amenity open space
in perpetuity and for no other purpose. 
8.32 To the south of Castlehill Road, the upper part of the site falls slightly southward with gradients
decreasing significantly toward the lower part of the site. The original Woolgar Hunter report submitted
in support of planning permission in principle Reference 15/01634/PPP, notes that although no (fluvial)
flooding risk is identified within the site, a small unnamed minor watercourse with catchment sub 3km2
exists close to the eastern boundary of the site, south of Greenknowe Street, could be considered as a
potential source for fluvial flooding.  Whilst it is recognised that it is appropriate to identify this
watercourse as a potential risk, is also noted that the application site lies outside the floodplain, is
sufficiently distanced from this watercourse and that no development is proposed in the area closest to
the watercourse.  It is considered that those factors will limit the risk of flooding from the minor
watercourse.  Risk can also be managed further through the imposition of a ‘no development zone’.  It
is therefore recommended that a condition is attached to ensure that land within the application site to
the south of the development envelope, is retained for amenity open space in perpetuity and for no other
purpose. 
8.33 Based on the intrusive site investigation report, the findings note that there is no record of a high-water
table within the site. It is therefore considered that there is no risk to the development from groundwater. 
8.34    For a development of this magnitude it is essential from the outset that existing drainage patterns within
the site are understood in order to work with the natural flow regimes and the topography of the site and
to ensure a sustainable drainage strategy is developed in compliance with the Water Environment
(Controlled Activities) Regulations.  An existing 300mm public combined sewer runs west to east through
the site. The site proposals have been designed to ensure that this sewer is retained.  The proposed
development spine road also follows the route of this sewer which will lie beneath the road. As part of
the background reporting relative to the impact of the development on existing sewers, an independent
SWDIA report was undertaken by Scottish Water Horizons and the report confirms that there is no
existing sewer flooding concern from the existing network. 
8.35 In terms of surface water drainage, the drainage will be designed as an adoptable drainage 
network, including SUDS, in line with the current Scottish Water “Sewers for Scotland 4”.  This
requires that the drainage network is designed to accommodate flows with no flooding in the 1:30
(3.33%AEP) year event inclusive of an uplift of 10% for potential urban creep, and 30% for climate
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change. In addition, the drainage and attenuation proposals have been tested for the 1:200yr (0.5%AEP)
event, including appropriate climate change uplift. In line with current SEPA guidance, “Climate change
allowances for flood risk assessment in  land use planning”, the climate change allowance used is 55%
as appropriate for the site location. The site will be drained via publicly adoptable sewers and where
there is attenuation proposed at end of line via adoptable SUDs basins. Runoff from driveways will be
treated  by permeable paving. 
8.36    To conclude, the risks of flooding from groundwater, nearby water courses, surface water or existing
sewers are minimal and can be mitigated by no development zones.  It is therefore recommended that
Condition 1 (h) disposal of foul sewage and Condition 7 (Flood Risk and Drainage) are discharged. 
Condition 17 will remain in force to ensure that the developer is able to confirm in writing that foul
drainage can be connected to the public sewer in accordance with the requirements of Scottish Water
and that surface water is treated in accordance with the principles of the Sustainable Urban Drainage
Systems, Design Manual.   
Mining Legacy (Condition 8) 
8.37 Policy EDQ 2 Specific Features for Consideration, requires that where ground stability (coal mining)
identifies the need for any necessary mitigation, including treatment or remediation, development will
only be permitted where those mitigation measures can be secured.  A Mining Stability Investigation
Report has been submitted in support of the application.  It is noted that there are four mine entries
within the current application site and two mine entries within the Castlehill (22/00295/MSC) application
site.  The Applicant proposes to fence around these areas and has taken account of potential departures
of the mine entries when calculating the fence lines. The fencing will also be screened by planting.  The
Coal Authority has raised no objection to the proposed mitigation subject to the fencing being
implemented on site prior to the first occupation of the development and thereafter for it to be retained
in situ and in good order for the lifetime of the development; a condition to this effect is recommended.  
In view of the Coal Authority’s consultation response, the proposed mitigation raises no conflicts with
Policy EDQ2. 
Noise (Condition 9) 
8.38 Policy EDQ3 Quality of Development requires development to mitigate noise impacts in order to achieve
high standards of site planning.  The application is supported by a Noise Impact Assessment which
includes baseline noise survey data to quantify existing noise levels from road traffic on Castlehill Road. 
This data was obtained from the original NIA that was submitted in support of 15/01634/PPP with a
correction applied to account for traffic growth since the date of the noise survey. 
8.39 Protective Services has raised no objection to the application on grounds of noise impact but has
suggested that conditions are attached to include acoustic barriers, windows of a particular acoustic
specification and ventilators of an acoustic specification within certain plots. A further condition is also
recommended to ensure submission of a validation report to the Planning Authority for approval to
demonstrate that all noise mitigation measures have been provided within the development prior to
occupancy of the dwelling houses.  The proposed mitigation measures prove satisfactory, and, on this
basis, the development complies with Policy EDQ3. It is therefore recommended that Condition 9 is
discharged and further conditions are attached in line with Protective Services recommendations.   
Ecology (Condition 18, 21 and 22) 
8.40 The site consists of arable and grazed fields, scrub, woodland, hedgerows, and marginal areas planted
with wildflowers.  The site lies east of Hall Gill which forms part of Cambusnethan Woodland, a Local
Nature Reserve (LNR) and Site of Importance for Nature Conservation (SINC). Hall Gill is the subject
of a Management Plan which is in place to help facilitate the improvement of the site with the goal of
including it within the Clyde Valley Woods Special Area of Conservation (SAC). Trees within the LNR
are further protected by Tree Preservation Orders. 
8.41  An updated ecological survey, Local Nature Reserve Protection Plan and SINC Protection Plan have
been submitted in support of the application.  The survey includes a review of habitats to determine if
any significant change has occurred since the original survey report conducted in 2015 in support of
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15/01634/PPP. A bat survey, badger survey, breeding birds survey and a barn owl survey were
undertaken.   
8.42 The survey indicates that there have been no significant changes to habitats since 2015.   A small bat
roost was noted in one of the trees recorded during week beginning 2 August 2022.  As the trees are to
be retained with no works in close proximity, a licence from Nature Scotland will not be required.  The
report notes that there is evidence of roosting elsewhere and that the roost will require a licence to be
in place prior to the commencement of any works. Mitigation in the form of bat boxes is proposed. With
respect to obtaining a bat licence from Nature Scotland, an informative is recommended. 
8.43 There are no badger setts within the SINC/LNR to 100m inside the boundary.  There is no evidence of
barn owls although compensatory boxes have been erected on site and a Barn Owl Protection Plan has
been submitted in support of the application. The updated Ecology Report provides a list of birds
recorded during the bird breeding season and where vegetation clearance (tree, scrub, hedge or
grasslands) is necessary, this will be carried out outside of the nesting season (March to September).   
8.44 NLC Greenspace Development accepts the findings and recommendations of the updated protected
species survey and reports and advises that conditions are attached to ensure that pre-work surveys
for the various species are carried out prior to development and that lighting is designed in accordance
with Bats and Artificial Lighting in the UK, Guidance Note 08/18 (Bat Conservation Trust/Institute of
Lighting Professionals). NLC Greenspace is also satisfied with the submitted Habitat Management Plan
/Local Nature Reserve Protection Plan and recommends that conditions are attached to ensure the
following: a) a Habitat Management Group is established to facilitate the actions listed in the submitted
Habitat Management Plan (HMP); b) an annual report is submitted to NLC Greenspace to provide details
on the progress and management of the plan and; c) to ensure that any proposals recommending
deviation from the HMP are subject to the approval of NLC Greenspace in the first instance. 
8.45 Subject to the proposed mitigation and further conditions attached, the proposed development raises
no conflict with the requirements of Policy PROT A which seeks to protect Local Nature Reserves and
Sites of Importance for Nature Conservation from the effects of development or with Policy PRIM LOC4
which promotes understanding and awareness of the distinctive  character and special qualities of the
designated Special Landscape Areas. Accordingly, and  subject to further conditions, it is
recommended that Conditions 18, 21 and 22 of the existing consent are discharged. 
Weymsshill Farm Buildings (Condition 25) 
8.46 Condition 25 of the consent requires that all buildings on site (namely, Weymsshill farm buildings) are
to be retained unless the Planning Authority agrees otherwise in writing.  Whilst technically the buildings
fall within the definition of ‘excluded demolition’ (Class 70 of the GDPO), the extant planning permission
and condition imposed on the planning permission, override any permitted development rights
(demolition) that would otherwise apply.   
8.47  Police Scotland contacted the Planning Authority following neighbour complaints of break-ins and anti-
social behaviour, in and around the Weymsshill farm buildings. Following persistent vandalism and the
submission of a photographic survey of the buildings and written  justification for demolition of the
buildings, it is accepted that the Weymsshill farm buildings are now in various stages of disrepair and
are generally unsafe.  Other than the existing condition which seeks their retention, the buildings have
no other statutory protection and given their condition and in the interests of public health and safety,
demolition is now considered the best course of action.  It therefore recommended that Condition 25 is
removed from the consent and that the buildings are demolished as part of the wider proposal.   
Legal Agreement 
8.48 A Section 75 Agreement has been completed to secure (index linked) contributions towards education
in accordance with the requirements of the existing planning permission and requirements of Policy CI
Contributions to Infrastructure.  No further contributions are sought. 
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9. Conclusions 
9.1 Having regard to the Development Plan and to housing allocation NLMW1179, the existing 
planning permission in principle and other material considerations, it is considered that the 
proposed development will help address identified housing need and remedy housing shortfall in the
Council area. Furthermore, the development will contribute to sustainable development  through
enhanced crossings and pedestrian links to bus stops and through the provision of vast areas of
managed community open space, parkland, play areas and footpaths. The proposed development
achieves high standards of site planning and establishes a clear  vision for the site in line with design
principles of the Approved Masterplan.  Through new native species planting, the creation of green
corridors and green links to the surrounding landscape, coupled with the retention of existing tree belts
and hedgerows and enhanced protection of the Cambusnethan Woods SINC, the development will
make a significant contribution to the Green Network and to biodiversity and will integrate well with its
natural  landscape setting.  Subject to further conditions, it is therefore recommended that Conditions 
1, 3, 4, 5, 6, 7, 8, 9, 10, 18, 21 and 22 of Planning Permission Reference 20/01468/S42, are 
discharged and that the application for Matters Specified by Condition be approved subject to the
attached conditions. 
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North Lanarkshire Council
Report
PLANNING COMMITTEE  
Agenda item _________   approval x noting Ref LB/ES Date 
NOTICE OF PLANNING AND ENFORCEMENT APPEALS
DECISIONS 
From Chief Officer (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 recent decisions in respect of the 
undernoted planning appeals. 
Recommendations
It is recommended that the Committee note the decision in respect of this appeal. 
Background
Application No. &
Proposal 
Applicant & Site Appeal
Decision &
Date
Note
22/00462/AMD
Modification of
existing Section 75
Planning Obligation
relating to
permission
17/01248/PPP
(Reduction of
education
contribution for
residential
development)
Morgan Properties
Newmains LLP
Land East Of
Main Street
Newmains
North Lanarkshire 
Appeal
Allowed
23/01/2023 
PAMELA HUMPHRIES 
HEAD OF PLANNING & REGENERATION 
AGENDA ITEM 3
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North Lanarkshire Council
Report
Planning Committee 
Does this report require to be approved? ☐ Yes   ☒ No
Ref  LB Date 02/03/23 
Planning Performance Framework 2021-22 
From  Pamela Humphries, Chief Officer (Place)  
E-mail bowdenl@northlan.gov.uk Telephone  Lorna Bowden, Planning
and Place Manager;
Tel: 07939 280460 
1. Background 
1.1 Since 2012 each of the planning authorities across Scotland voluntarily prepares an
annual Planning Performance Framework (PPF) which sets out how their service is
performing. The PPF was developed by the Heads of Planning Scotland (HOPS) and
the Scottish Government to provide a document with a range of qualitative and
quantitative indicators to document planning activities which assists in the drive
towards consistently high-quality planning services across the country. 
Executive Summary
This report seeks to inform the Committee of the Scottish Government’s feedback on the
performance of the Planning and Place Service for the period April 2021 to March 2022
based on the Planning Performance Framework (PPF) submitted in September 2022. The
Planning Performance Framework is prepared annually, and it details the performance of
the service against the Key Performance Indicators, agreed with the Scottish Government. 
It highlights examples of good practice by using case studies and details the on-going work
being undertaken by the service to deliver continuous improvement. The report also sets
out the improvements that the service is focusing on in the year 2022-23. 
Recommendations
It is recommended that the Committee consider the content of this report and endorse the
actions being taken to improve performance and service delivery.  
The Plan for North Lanarkshire
Priority  Improve economic opportunities and outcomes
Ambition statement (4) Market and promote North Lanarkshire as the place to live,
learn, work, invest, and visit
AGENDA ITEM 4
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2. Report 
2.1 The Planning Performance Framework is not a policy document, it provides planning
authorities an opportunity to demonstrate continuous improvement, changes
implemented, achievements and lessons learnt over the year. 
2.2 The PPF 2021-22, was submitted to the Scottish Government in September 2022.
The report sets out the achievements of the Council under four headings: 
• Quality of Outcomes; 
• Quality of Service and Engagement; 
• Governance; and
• Culture of Continuous Improvement: 
2.3 The framework was developed by the Heads of Planning Scotland (HOPS) to capture
and highlight a balanced measurement of planning performance and to provide
Ministers, Councils and the public with a better understanding of how a planning
authority is performing and delivering high quality development on the ground. HOPS
are seeking to have the current measures revised to ensure they stay up to date with
current planning practice. At present the Scottish Government have only agreed to
minor changes as it is their intention, under the terms of section 251B of the Planning
(Scotland) Act 2019, to introduce a National Planning Improvement Co-ordinator
whose role it will be to monitor the performance of all planning authorities, however
this post has not yet been filled. 
2.4  The case studies in the 2021-22 report focused on a range of topics: 
• Showing how the planning service has engaged with housebuilders, through the
Developers’ Forum, to look at the challenges and opportunities to delivering new
homes in North Lanarkshire. 
• We continued the story of the regeneration of the Ravenscraig site, looking
specifically at work the council is undertaking, utilising funding from the Glasgow
City Region City Deal to improve road and active travel links to and through the
site and our application to the Levelling Up Fund to assist in the provision of
infrastructure to facilitate the delivery of a mixed use development anchored by a
community hub, and the work of Ravenscraig Limited to deliver sites for housing
and business and industry.
• The work the service is carrying out in partnership with Scottish Enterprise to
review the proposed uses for land at Orchardton Woods in Cumbernauld which
has remained undeveloped for business and industry since the days of the
Development Corporation.  
• Building on the previous year’s case study of how we had adapted to
homeworking during Coronavirus crisis and set out how we were adapting our
processes again to facilitate our move to hybrid working. 
• Related to this is a study of how we have adapted our survey methodology for
Vacant and Derelict Land, utilising digital mapping to make the process less
resource intensive and less weather dependant. 
• Our work on tackling the aging demographic profile of our professional planning
staff by enabling two of our technicians to secure the necessary qualifications to
secure positions as Planning Assistants, a process which we are keen to
continue as there is a severe shortage of planners foreseen in the next five to ten
years. 
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• Our final case study looked at changes that we have made to our handling of the
issuing of decisions for delegated applications. The process is designed to
reduce delays and it has been a contributary factor in our achieving improved
decision-making timescales for Local and Householder applications. 
Feedback from Scottish Government 
2.5 In 2021-22, for the 13 relevant performance markers, the Council received nine green
markers, two amber and one red in the feedback from the Scottish Government. 
2.6 The reason for the red marker is that at the end of 2021-22 our Local Plan was more
than five years old, however, the report acknowledges that the North Lanarkshire
Local Development Plan was approved for adoption in July 2022. 
2.7 The Service received an amber marker for our performance on decision making,
where it is expected that planning authorities will show continuous reduction in the
average timescales for all development categories. 
2.8 In 2021-22 for Major Applications our average timescale was slower than in 2020-21
(37.2 weeks as opposed to 28.1 weeks) however, we remain faster than the Scottish
average which was 44.6 weeks. 
2.9 For Local (Non-Householder) Applications our average timescale was faster than in
2020-21 (11.8 weeks as opposed to 13.9 weeks), and faster than the Scottish
average of 13.5 weeks. 
2.10 Our timescale for Householder applications was faster than in 2020-21 (9.0 weeks
rather than 10.1), however this is slower than the Scottish average of 8.7 weeks. 
2.11 The second amber marker was received because, although we have introduced new
procedures for dealing with stalled sites/legacy cases and the Scottish Government
acknowledges that there has been a considerable increase in the number of
applications being cleared, there has only been a slight reduction in the number of
cases remaining. Our new process for dealing with Legacy cases was only introduced
in February 2022 so we should see an improvement in this situation when the next
report is submitted. 
Planning Performance Framework: Service Improvement Actions 
2.12  The performance report for 2021/22 is generally positive and reflects the hard work of
staff who were continuing to face covid related challenges, including staff absence,
during 2021/22, while at the same time supporting the development and
implementation of new processes and procedures to improve efficiency and service
delivery. The changes we have made in our development management processes
are beginning to be reflected in the improvements to our timescales for determining
Local and Householder applications.  Major applications can vary greatly in
complexity and scale.  Our approach is to work with developers where possible to
make their proposals acceptable, rather than recommending them for refusal based
on initial submissions.  This can of course result in longer timescales for
determination but needs to be balanced against being able to successfully deliver
good quality developments, sometimes on challenging sites. There are of course
always areas where improvements can be made, and we have set ourselves a
challenging programme of reviews being taken forward in the current year. 
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2.13 During the current year (2022/23) the main areas of service improvement that we are
focusing on are: 
Review: 
• Enforcement processes to consider opportunities for cross service working,
particularly in relation to early information/ evidence gathering.  
• Metrics and geographies for the definition of 20 Minute Neighbourhoods 
Develop: 
• A standardised approach to developer contributions and strengthen our policy
guidance 
• A streamlined and improved process for dealing with Section 69 and Section 75s 
• Draft Participation and Engagement Strategy for Local Development Plan 2 
Implement: 
• A series of staff workshops on process review with a focus on performance to
identify areas for improvement and to ensure the team have the information needed
to perform in their role
• New processes to transfer certain tasks to Technicians to improve efficiency. 
Continue to: 
• Address succession planning through recruitment and staff development 
• Seek opportunities for peer group and partnership working to identify service
improvements 
• Deliver elected members training reflecting on relevant topics such as changes
brought about by the new Planning Act, NPF4 and new Local Development Plan 
3. Measures of success 
3.1  The measures of success are not only in relation to the performance indicators that
are set out in this report and in Appendix 1, but are also more qualitative in terms of
ensuring that the Planning service, through its engagement with applicants and other
stakeholders, contributes to the delivery of good quality development in the right
locations that contribute to place making and community wellbeing.     
4. Supporting documentation 
4.1 The Planning Performance Framework 2020/21 can be found here: 
https://www.northlanarkshire.gov.uk/sites/default/files/2022-
09/North%20Lanarkshire%20Council%20Planning%20Performance%20Framework%
202021-22.pdf 
4.2  The Scottish Government’s feedback on the PPF 2021/22 is attached as Appendix 1 
Pamela Humphries
Chief Officer of Place
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5. Impacts ( http://connect/report-template-guidance ) 
5.1 Public Sector Equality Duty and Fairer Scotland Duty 
Does the report contain information that has an impact as a result of the Public
Sector Equality Duty and/or Fairer Scotland Duty? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact?   
If Yes, has an assessment been carried out and published on the council’s
website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-
and-fairer-scotland-duty-impact-assessments 
Yes ☐ No ☐
5.2 Financial impact 
Does the report contain any financial impacts? 
Yes ☐ No ☒ 
If Yes, have all relevant financial impacts have been discussed and agreed with
Finance? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.3 HR policy impact 
Does the report contain any HR policy or procedure impacts? 
Yes ☐ No ☒ 
If Yes, have all relevant HR impacts have been discussed and agreed with People
Resources? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.4 Legal impact 
Does the report contain any legal impacts (such as general legal matters, statutory
considerations (including employment law considerations), or new legislation)? 
Yes ☐ No ☒ 
If Yes, have all relevant legal impacts have been discussed and agreed with Legal
and Democratic? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.5 Data protection impact 
Does the report / project / practice contain or involve the processing of personal
data?   
Yes ☐ No ☒ 
If Yes, is the processing of this personal data likely to result in a high risk to the
data subject? 
Yes ☐ No ☐ 
If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-
mailed to dataprotection@northlan.gov.uk 
Yes ☐ No ☐
5.6 Technology / Digital impact
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Does the report contain information that has an impact on either technology, digital
transformation, service redesign / business change processes, data management,
or connectivity / broadband / Wi-Fi? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
Where the impact identifies a requirement for significant technology change, has
an assessment been carried out (or is scheduled to be carried out) by the
Enterprise Architecture Governance Group (EAGG)? 
Yes ☐ No ☐
5.7 Environmental / Carbon impact 
Does the report / project / practice contain information that has an impact on any
environmental or carbon matters? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
5.8 Communications impact 
Does the report contain any information that has an impact on the council’s
communications activities? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
5.9 Risk impact 
Is there a risk impact? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the key risks and potential impacts,
highlighting where the risk(s) are assessed and recorded (e.g. Corporate or
Service or Project Risk Registers), and how they are managed? 
5.10 Armed Forces Covenant Duty 
Does the report require to take due regard of the Armed Forces Covenant Duty (i.e.
does it relate to healthcare, housing, or education services for in-Service or ex-
Service personnel, or their families, or widow(er)s)? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the provision which has been made to
ensure there has been appropriate consideration of the particular needs of the
Armed Forces community to make sure that they do not face disadvantage
compared to other citizens in the provision of public services. 
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Page 39

Appendix 1
PERFORMANCE MARKERS REPORT 2021-22 
Name of planning authority:  North Lanarkshire Council 
The High Level Group on Performance agreed a set of performance markers. We have assessed your report against those markers to give an indication of priority areas for
improvement action. The high level group will monitor and evaluate how the key markers have been reported and the value which they have added. 
The Red, Amber, Green ratings are based on the evidence provided within the PPF reports. Where no information or insufficient evidence has been provided, a ‘red’
marking has been allocated.  
No.  Performance Marker  RAG 
rating 
Comments 
1  Decision-making: continuous
reduction of average timescales for
all development categories [Q1 - Q4] 
Amber  Major Applications 
Your timescales of 37.2 weeks is slower than the previous year but faster than the Scottish average of
44.6 weeks.  
RAG = Amber 
Local (Non-Householder) Applications 
Your timescales of 11.8 weeks are faster than the previous year and faster than the Scottish average
of 13.5 weeks. 
RAG = Green 
Householder Applications 
Your timescale of 9.0 weeks are faster than the previous year but slower than the Scottish average of
8.7 weeks.  
RAG = Amber 
Overall RAG = Amber 
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2  Processing agreements: 
• offer to all prospective
applicants for major
development planning
applications; and 
• availability publicised on
website 
Green  You continue to offer and encourage processing agreements for all major applications and many local
developments. During this reporting year, you have also set up a new internal process to support a
more consistent approach when negotiating processing agreements. RAG = Green 
Processing agreements are advertised on your website.  RAG = Green 
Overall RAG = Green 
3  Early collaboration with
applicants and consultees 
• availability and promotion
of pre-application
discussions for all
prospective applications;
and 
• clear and proportionate
requests for supporting 
information 
Green  You provide a pre-application advice service for major applications which is promoted through an
online pro-forma and by staff engaging with prospective applicants. Applicants with local
developments are encouraged to look at your website in the first instance, streamlining the process
for all applicants and ensuring officers can devote more time to delivering a good service to
customers. 
RAG = Green 
The online pro-forma helps ensure that you provide a high quality and targeted approach which
includes a clear and proportionate request for supporting information to prospective applicants.  
RAG = Green 
Overall RAG = Green 
4 
Legal agreements: conclude (or
reconsider) applications after
resolving to grant permission
reducing number of live applications
more than 6 months after resolution
to grant (from last reporting period) 
Green  Your average timescales for determining applications with legal agreements is 31.7 weeks which is
slower than last year but faster than the Scottish average of 33.2 weeks. 
You note that you continue to review the process of determining legal agreement applications. 
5  Enforcement charter updated /
republished within last 2 years 
Green  Your enforcement charter was updated in February 2022 
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6  Continuous improvement: 
•  progress ambitious and
relevant service
improvement commitments
identified through PPF 
report 
Green   
You have completed 19 out of 24 improvement commitments and partially completed another 2. You
have identified a good range of improvement commitments for the coming year. 
7  Local development plan less than
5 years since adoption 
Red  At the end of the reporting period, the LDP was 10 years and 
6 months old. However, the new LDP is due to be adopted in 2022 after changes were made to the
Proposed Plan in 2021 and the plan was approved for adoption by Scottish Ministers in July 2022, 4
months after the end of the reporting period. 
8  Development plan scheme –
next LDP: 
•  project planned and
expected to be delivered to
planned timescale 
Green   
Your proposed LDP has now been advised by Scottish Ministers to be approved. The plan has
progressed as set out in the latest LDS. 
9 & 10  LDP Engagement: 
• stakeholders including Elected
Members, industry,
agencies, the public and
Scottish Government are
engaged appropriately
through all key stages of
development plan 
N/A   
11  Policy Advice  
•  production of relevant and
up-to date policy advice    
Green  Your report notes that a review of your SPG continuing and that your guidance and policies continue
to contribute to the delivery of improved economic opportunities and outcomes for the people of
North Lanarkshire. Due to the delay in the adoption of your LDP, one of your service improvement
commitments which have been carried over to the next reporting period involved setting up a
timetable for the delivery of Supplementary Planning Guidance. 
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12  Corporate working across
services to improve outputs and
services for customer benefit (for
example: protocols; joined-up
services; single contact 
arrangements; joint pre-application
advice) 
Green  Your report highlights how you work closely with various teams including housing, GIS and building
standards. You have also detailed how your move to hybrid working will help to improve corporate
working services. 
13  Sharing good practice, skills
and 
knowledge between authorities 
Green  You have provided examples of sharing good practice. You undertook a peer review with Edinburgh
City Council of your PPF report which has helped to provide a performance marker summary section. 
You also provide a long list of the other groups you have participated in during the reporting year. 
14 
Stalled sites / legacy cases:
conclusion or withdrawal of old
planning applications and reducing
number of live applications more
than one year old 
Amber  You have cleared 56 cases during the reporting year, with 56 cases still awaiting conclusion. This is a
considerable increase in number of applications being cleared, however only slight reduction in
number of cases remaining. 
15  Developer contributions: clear
and proportionate expectations 
• set out in development plan
(and/or emerging plan); and 
• in pre-application
discussions 
Green  Guidance on developer’s contributions is included in a supplementary guidance document. It is noted
that an improvement action for the year ahead is to strengthen this policy. 
RAG = Green 
Your report notes that developer contributions are discussed at an early stage, and that requests are
based on a number of outlined factors. 
RAG = Green 
Overall RAG = Green 
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NORTH LANARKSHIRE COUNCIL 
Performance against Key Markers   
Marker  13-14  14-15  15-16  16-17  17-18  18-19  19-20  20-21  21-22 
1  Decision making timescales   G  A A  G   G  A A  R   A
2  Processing agreements   G G G G A G G G G
3  Early collaboration    G G A A G G G G G
4  Legal agreements  G  G A R G R A A G
5  Enforcement charter   A G  G G G G G G G
6  Continuous improvement    G G A G A A A A G
7  Local development plan   G G G G R R R R R
8  Development plan scheme   G A G A A A A A G
9 
& 
10 
LDP Early Engagement 
N/A  G  N/A  N/A  N/A  N/A  N/A  N/A  N/A 
11  Regular and proportionate
advice to support applications   A  G G G G G G
G G
12  Corporate working across
services   G G G G G G G G G
13  Sharing good practice, skills
and knowledge   G G G G G G G G G
14  Stalled sites/legacy cases  A  A  A A A A A R A
15  Developer contributions    A A A A G G G G G   
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Overall Markings (total numbers for red, amber and green) 
RED AMBER GREEN
2012-13  6  4  3 
2013-14   0  4  9 
2014-15  0  4  11 
2015-16  0  6  7 
2016-17  1  4  8 
2017-18  1  4  8 
2018-19  2  4  7 
2019-20  1  5  7 
2020-21  3  3  7 
2021-22  2  1  10 
Decision Making Timescales (weeks) 
12-13  13-14  14-15  15-16  16-17  17-18  18-19  19-20  20-21  21-22 
2021-22 
Scottish
Average 
Major 
Development  21.0  19.2  21.2  24.3  29  14.9  17  20.7  28.7  37.2  44.6 
Local  
(Non-
Householder) 
Development 
15.3  9.7  11.3  11.7  10.5  7.8  9.3  10.9  13.9  11.2  13.5 
Householder
Development  9.1  7.3  7.5  8.1  7.2  6.3  7.1  8.0  10.1  9.0  8.7 
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Page 45

North Lanarkshire Council
Report
Planning Committee 
Does this report require to be approved? ☐ Yes   ☒ No
Ref   Date 02/03/23 
National Planning Framework 4 Update on Implementation 
From  Pamela Humphries, Chief Officer (Place)  
E-mail laingg@northlan.gov.uk Telephone Gordon Laing, tel 07970
018874 
Executive Summary 
This report sets out some of the implications for the Council as a result of the adoption of
National Planning Framework 4 and the application of National Planning Policies contained
within it. 
National Planning Framework 4 became part of the statutory Development Plan for North
Lanarkshire on 13th February 2023. From that date there is a requirement to adhere to the
National Planning Policies when making decisions on planning applications. Existing
Scottish Planning Policy and notably the Clydeplan Strategic Development Plan are no
longer in force and their provisions are no longer to be considered when making planning
decisions. 
This is part of a rolling programme of implementation of the Planning (Scotland) Act 2019
with further regulation and guidance related to Local Development Plans, Open Space
Strategies and Play Sufficiency Assessments and Regional Spatial Strategies expected at
various points during this year. 
Recommendations
It is recommended that the Committee:
1) Notes the adoption of NPF4 as part of the Development Plan and the subsequent
effect on the consideration of applications for Planning Permission.
2) Notes that further reports with proposals for meeting the new requirements
introduced by NPF4 and changes to the planning system, will be brought forward
in due course for consideration. 
The Plan for North Lanarkshire
Priority  All priorities
Ambition statement All ambition statements
AGENDA ITEM 5
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1. Background 
1.1 The Planning (Scotland) Act 2019 received Royal Assent in July 2019. During
consultation on the likely provisions of the Act, the Scottish Government highlighted
that it sees the planning system as being central to supporting the objective of creating
a more successful country with opportunities for all to flourish through increased
wellbeing and sustainable and inclusive economic growth. The planning system plays
a key role in achieving this goal and the new legislation puts in place a range of new
statutory duties and measures to make it more efficient and effective and to ensure it
can provide a high-quality service. 
1.2 As part of the process to give effect to the provisions of the Planning (Scotland) Act
2019 and the Town and Country Planning (Scotland) Act 1997 as amended the Scottish
Government sought views on the proposed National Planning Framework 4 (NPF4)
incorporating National Planning Policy, Local Development Plan (LDP) Regulations &
Guidance, and Open Space and Play Sufficiency Assessment Regulations & Guidance.
This consultation was completed in March 2022 and in November 2022 the
Government published a revised Draft National Planning Framework 4 (NPF4)
incorporating National Planning Policy. 
1.3 On 11 January 2023, the Scottish Parliament voted to adopt National Planning
Framework 4 (NPF4), incorporating National Planning Policy. This decision allows the
Government to proceed to publish and adopt NPF4 and to lay regulations relating to
Local Development Plans. 
2. Report 
2.1 This report sets out a summary of the structure and key contents of NPF4, the timeline,
of publication and adoption of NPF4 and subsequent LDP Regulations and the
implications for the application of NPF4 Policies, LDP Policies and potential
requirements to seek and consider additional supporting information when dealing with
Planning Applications. 
National Planning Framework 4 (NPF4) 
2.2 National Planning Framework 4 (NPF4) was approved by Parliament on 11th January
2023. Scottish Ministers published and adopted the plan on 13 February 2023, and it
is now part of the statutory development plan and will directly influence planning
decisions. National Planning Framework 3 and Scottish Planning Policy are
superseded, and the Clydeplan Strategic Development Plan fell on that date. At that
point NPF4 is now in a period when legal challenges can be made, in a similar process
to that which the LDP recently underwent.   
2.3    In advance of NPF4 adoption, the Government issued advice on transitional 
arrangements for local development plans, confirming that LDPs already adopted will 
continue to be part of the development plan and for avoidance of doubt, existing LDP 
land allocations will be maintained.  All decisions made after adoption on 13 February 
must be made based on the provisions of NPF4, the LDP and any associated guidance 
irrespective of when the application was submitted. 
2.4 The advice also covered implementation of housing policy (Policy 16- Quality Homes)
and advice on the consideration of the scope and application of Policies 1- Tackling the
climate and nature crises; 2- Climate mitigation and adaptation; 3- Biodiversity; 23-
Health and Safety, and 27(d)- Drive-through developments. 
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2.5 NPF4 has been significantly redrafted and is now in two main parts covering the
National Spatial Strategy and National Planning Policy, with an annex containing further
information on National Developments, spatial planning priorities, background
information and the housing numbers identified for each Local Authority area. The
identified 10-year Minimum All Tenure Housing Land Requirement (MATHLR) for North
Lanarkshire is 7,350 units, unchanged from Draft NPF4. North Lanarkshire Council
currently has 18,985 undelivered units identified on allocated sites against a remaining
requirement for developers to deliver 13,307 units by 2031. Other papers
accompanying NPF4 papers comprise a delivery programme and explanatory reports
on NPF4 and the housing land requirement. 
2.6 The National Spatial Strategy for Scotland 2045 sets six spatial principles: Just
transition;  Conserving and recycling assets;  Local living;  Compact urban growth; 
Rebalanced development, and Rural revitalisation. These principles are expected to
play a key role in delivering on the United Nations (UN) Sustainable Development
Goals (SDGs) and national outcomes. Translated into a National Spatial Strategy,
underpinned by 33 National Planning Policies, the spatial principles will support the
planning and delivery of: 
• sustainable places, where we reduce emissions, restore and better connect
biodiversity; 
• liveable places, where we can all live better, healthier lives; and 
• productive places, where we have a greener, fairer and more inclusive
wellbeing economy. 
Application of National Planning Policies and implications for the council 
2.7 The 33 National Planning Policies are to be applied, as appropriate, when determining
all applications for Planning Permission from 13th February 2023. In addition to the
policies each Policy Principle also describes Policy Intent, Policy Outcomes, and an
expectation for future Local Development Plans. 
2.8 Although NPF4 splits policies in the 3 categories of sustainable, liveable and productive
places, the policies can be looked at in a similar way to current LDP policies when
considering applications. Broadly and not exhaustively, there are policies which will
apply in whole or in part to all applications, there are sector specific policies, such as
those for retail development, and geographic policies covering particular areas such as
the Green Belt.
2.9 Initial assessments are that while some of our policies, particularly ones with thresholds
for development derived from Clydeplan, will not be wholly applicable from the 13th of
February, NPF4 and LDP policies are generally complimentary but there are nuances
which will become apparent as individual applications are considered and reported.
2.10 Although further guidance is expected from the Government its scope is uncertain and
we have already identified a range of significant additional or enhanced requirements
for consideration when dealing with certain types of planning application. Applicants will
be expected to provide additional supporting information, likely in the form of reports or
assessments, including requirements for the Council to consider. This will require us to
seek advice on the appropriateness of the information submitted. Discussions with other
services in the Council, partner authorities and national bodies are under way to identify
the most resource efficient solutions to respond to these requirements. 
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Further Regulations and Guidance 
2.11 The full implications of NPF4 for LDPs are not yet clear as LDP Regulations and
Guidance have still to be issued. The Government anticipate these regulations coming
into force and publication of related guidance this spring.  A further report will be
submitted once there is clarity on these matters. 
2.12 Regulations and Guidance in relation to the requirement for Open Space Strategies
and Play Sufficiency Assessments are expected following the publication of LDP
related regulations and guidance with guidance on the duty to prepare Regional Spatial
Strategies (RSS) following later. With Strategic Development Plans ceasing to have
effect in February the delay in guidance on the RSS, although they are not a part of the
statutory development plan system, is unfortunate given the interconnected nature of
the Glasgow City Region in terms of its economy, land use and transportation systems
which will influence the development of the next LDP. 
3. Measures of success 
3.1 Consideration of the implications of NPF4 and the identification of resources to meet
the enhanced and additional requirements will assist in the maintenance and
improvement of planning performance aimed at delivering on the purpose of planning
to “to manage the development and use of land in the long-term public interest” 
4. Supporting documentation 
National Planning Framework 4: Revised Draft (www.gov.scot) 
Pamela Humphries
Chief Officer (Place) 
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5. Impacts 
5.1 Public Sector Equality Duty and Fairer Scotland Duty 
Does the report contain information that has an impact as a result of the Public
Sector Equality Duty and/or Fairer Scotland Duty? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact?   
If Yes, has an assessment been carried out and published on the council’s
website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-
and-fairer-scotland-duty-impact-assessments 
Yes ☐ No ☐
5.2 Financial impact 
Does the report contain any financial impacts? 
Yes ☒ No ☐ 
If Yes, have all relevant financial impacts have been discussed and agreed with
Finance? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
The requirements of the legislation are still being assessed with further guidance
awaited on implementation and until that position is clear the full impacts cannot be
quantified in terms of resource requirements.
5.3 HR policy impact 
Does the report contain any HR policy or procedure impacts? 
Yes ☐ No ☒ 
If Yes, have all relevant HR impacts have been discussed and agreed with People
Resources? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.4 Legal impact 
Does the report contain any legal impacts (such as general legal matters, statutory
considerations (including employment law considerations), or new legislation)? 
Yes ☒ No ☐ 
If Yes, have all relevant legal impacts have been discussed and agreed with Legal
and Democratic? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
NPF4 is now part of the Statutory Development plan and Local Planning Authorities
will have to comply with the policies and obligations therein in the discharge of their
statutory functions.
5.5 Data protection impact 
Does the report / project / practice contain or involve the processing of personal
data?   
Yes ☐ No ☒ 
If Yes, is the processing of this personal data likely to result in a high risk to the
data subject? 
Yes ☐ No ☐ 
If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-
mailed to dataprotection@northlan.gov.uk 
Yes ☐ No ☐
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5.6 Technology / Digital impact 
Does the report contain information that has an impact on either technology, digital
transformation, service redesign / business change processes, data management,
or connectivity / broadband / Wi-Fi? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
Where the impact identifies a requirement for significant technology change, has
an assessment been carried out (or is scheduled to be carried out) by the
Enterprise Architecture Governance Group (EAGG)? 
Yes ☐ No ☐
5.7 Environmental / Carbon impact 
Does the report / project / practice contain information that has an impact on any
environmental or carbon matters? 
Yes ☒ No ☐ 
If Yes, please provide a brief summary of the impact? 
The intention of NPF4 is to primarily deal with the climate and nature emergencies
through the application of National Policies and requirements for additional
considerations by Local Planning Authorities in the discharge of their duties.
5.8 Communications impact 
Does the report contain any information that has an impact on the council’s
communications activities? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
5.9 Risk impact 
Is there a risk impact? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the key risks and potential impacts,
highlighting where the risk(s) are assessed and recorded (e.g. Corporate or
Service or Project Risk Registers), and how they are managed? 
5.10 Armed Forces Covenant Duty 
Does the report require to take due regard of the Armed Forces Covenant Duty (i.e.
does it relate to healthcare, housing, or education services for in-Service or ex-
Service personnel, or their families, or widow(er)s)? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the provision which has been made to
ensure there has been appropriate consideration of the particular needs of the
Armed Forces community to make sure that they do not face disadvantage
compared to other citizens in the provision of public services. 
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Page 51

North Lanarkshire Council
Report
Planning Committee 
Does this report require to be approved? ☒ Yes   ☐ No
Ref   Date 02/03/23 
Draft Supplementary Guidance: Affordable Housing, Planning and
Noise and Antonine Wall - World Heritage Site 
From  Pamela Humphries, Chief Officer (Place)  
E-mail laingg@northlan.gov.uk Telephone Gordon Laing,
07970018874 
Executive Summary
The purpose of this report is to seek Committee approval to undertake external consultation
for new statutory Affordable Housing Supplementary Guidance, relating to guidance for
developers and landowners on how the identified shortfall in the provision of affordable
housing in the Cumbernauld Housing Sub-Market Area (HSMA) will be addressed. 
In addition the report seeks Committee approval to undertake external consultation for the
‘Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites Supplementary
Guidance July 2022’. The Supplementary Guidance (SG) is intended for use by developers
and landowners, the general public and other agencies when seeking to undertake built
development. The SG will also be used by the Council to determine planning applications
and provide pre-application advice. 
The report also provides an update for the Committee on the intention to proceed with
consultation on the statutory Supplementary Guidance Note – SG 15A Planning and Noise,
approved at its meeting of 28th March 2022, now that NPF4 has been adopted by the
Scottish Government. 
Following consultation, the documents will be finalised and submitted for further Committee
approval prior to submission to the Scottish Government.  On Scottish Government
approval the guidance documents will be published and become part of the North
Lanarkshire Local Development Plan. 
Finally, the Report seeks to advise members that part of the upcoming consultation on
Airdrie Town Action Plan will also deal specifically with a pilot Conservation Area Appraisal
for Victoria & Town Centre Conservation Area. It is hoped that this will inform the Evidence
Report that will be a requirement of the next Local Development Plan and provide a model
to be followed.
Recommendations
It is recommended that the Committee: 
1) agrees the draft policy guidance appended to this report and proposed consultation
arrangements. 
AGENDA ITEM 6
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1. Background 
Affordable Housing Policy Guidance 
1.1 The North Lanarkshire Local Development Plan (NLLDP) was Adopted in July 2022.
As recommended by the Examination Reporter, this Supplementary Guidance (SG)
relates to Policy CI 1 Category Affordable Housing set out on page 71 of the NLLDP
Policy Document and in the Affordable Housing Policy Background Report. 
1.2 The main purpose of this guidance is to assist developers and landowners as to how
the identified shortfall in the provision of affordable housing in the Cumbernauld
Housing Sub-Market Area (HSMA) will be addressed when proposals are submitted to
the Council for housing developments there of five or more units. 
1.3 This guidance is intended to secure best value for the Council and ensure the right type
of affordable housing is provided in the right locations.  This guidance could also be
applied on a case-by-case basis in other parts of North Lanarkshire where an identified
need has been demonstrated. At this time the only area where a need has been
identified is the Cumbernauld Housing Sub-Market Area. 
Planning and Noise Policy Guidance 
1.4 The main purpose of this guidance is to assist developers, decision makers, agents,
residents and others to identify issues to be addressed in any application for
development in which noise will be an important consideration when assessing that
application. 
1.5 Noise is likely to be an important consideration where noise sensitive developments
are planned near to existing noise sources, or where potentially noisy developments
are introduced into existing noise sensitive areas. 
1.6 Members will recall that this guidance was approved by the Committee for public
consultation last year but was delayed due to the then pending Adoption of both the
North Lanarkshire Local Development Plan (NLLDP) on 6th July 2022 and National
Planning Framework 4 (NPF4) adopted on 13th February 2023. 
2) notes that the final policy guidance on noise, affordable housing and the Antonine
Wall will be subject to a future report to Committee for approval. 
3) notes that the upcoming consultation on Airdrie Town Action Plan will include an
element that could become a template for including Conservation Area Appraisals
in the Evidence Report for North Lanarkshire Local Development Plan 2 (NLLDP
2). 
The Plan for North Lanarkshire
Priority  Improve the health and wellbeing of our communities
Ambition statement (1) Ensure a housing mix that supports social inclusion and
economic growth
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Antonine Wall World Heritage Site 
1.7 In January 2020 Planning Committee approved the Frontiers of The Roman Empire
(Antonine Wall) World Heritage Site Consultative Draft Supplementary Guidance
document for consultation. Following public consultation by some of the partner
authorities responsible for the document an updated version was prepared taking into
account the results of that consultation. In order to complete the process within North
Lanarkshire this updated document requires to be approved for consultation. 
1.8 The consultation will be a targeted exercise and will include elected members; key
agencies; national and local heritage groups; community councils; businesses where
relevant; and key known landowners where appropriate. Following consultation, a
finalised SG will be produced, with the results of the consultation, together with a
summary of the changes reported to the Planning Committee. The SG is to be adopted
by each of the respective Local Authorities. 
NLLDP2 Victoria & Town Centre Conservation Area Appraisal
1.9 The Council’s Conservation Area Appraisals, identifying the appropriate boundaries of
our Conservation Areas, need to be updated when the next Local Development Plan is
prepared at the Evidence Report stage and will be strengthened by consultation.
Funding has been secured for Conservation Area Appraisals and a pilot is underway
for Victoria & Town Centre Conservation Area, Airdrie.  It would appear to present an
ideal opportunity and efficient use of resources if this was consulted upon at the same
time as the forthcoming  Airdrie Town Action Plan, thus avoiding repeat consultation-
fatigue and providing early indication of whether the approach can be rolled out
effectively. 
2. Report 
Affordable Housing Policy Guidance 
2.1 This statutory Supplementary Guidance aims to assist developers in carrying out their
initial financial appraisals to ensure that they take full account of development viability
and will assist in determining how affordable housing requirements can be
implemented. 
2.2 The document outlines the legislative and planning framework with regards to
Affordable Housing Guidance and identifies how each proposal will be considered on
a site-by-site basis, considering costs of development and any infrastructure works
necessary to facilitate development and render the site financially viable, as well as any
pressure on existing social housing and proposed social housing newbuild within that
particular locality. 
2.3 The draft guidance seeks to ensure that factors determining site-suitability for
affordable housing are taken into consideration at an early stage, the preferred form of
affordable housing contribution can therefore be agreed, and developers or landowners
made aware of this prior to agreeing the valuation methodology jointly with the Council.
This will allow developers to consider affordable housing requirements as part of their
site appraisal and land acquisition at an early stage. 
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2.4 The guidance outlines the preferred delivery options for affordable housing provision
with on-site provision first preference, off-site provision secondary and option three
being a commuted sum in circumstances when neither of the preferred first and second
options is achievable. 
2.5 Within the Cumbernauld Housing Sub-Market area the Council will seek to secure on-
site provision of affordable housing at the rate of 20% for all new housing developments
with an overall site capacity of 25 or more homes and for sites of 5 to 24 homes the
Council will seek payment of a commuted sum, in lieu of site provision, of a value
equivalent to the cost of providing the percentage of serviced land required by the
Affordable Housing Policy. An AHP contribution will not be sought on sites of 1 to 4
homes.   
2.6 Where a proposal is for fewer than 5 homes but is clearly part of a phased development
of a larger site which would be subject to an affordable housing requirement, a
contribution will be required at an appropriate stage in the development as a whole. 
2.7 It is anticipated that this guidance will allow planning applications to proceed more
efficiently if proposals for the delivery of affordable housing are set out as part of the
initial planning application with early discussions with the Council and/or nominated
Registered Social Landlord recommended and this guidance offers developers advice
on this process. 
2.8 The guidance also sets out the mechanisms for agreeing a valuation methodology in
terms of PAN2/2010 paragraph 25 for on-site provision and paragraph 26 for commuted
sums. Early consideration of the site valuation is important to allow developers to
assess the potential impact of Affordable Housing Policy requirements. The Council
and the developer will require to jointly appoint the District Valuer, or other mutually
agreed independent valuer, to carry out an appropriate valuation. 
2.9 Only in exceptional circumstances will the affordable housing requirement be reduced
or waived, and developers will be expected to provide evidence of associated costs if
they seek to negotiate a reduction to the affordable housing policy requirements. The
evidence will be evaluated by the Council and, if necessary, by a suitably qualified
independent third party. 
2.10 The guidance seeks to allow developers to submit an Affordable Housing Agreement
Letter (produced by the Housing Service) along with their planning application, this
document would demonstrate that the Council’s Chief Officer (Place) is satisfied that
the provisions of the Affordable Housing Policy have been met. This document will then
form the basis of the Legal Agreement that will subsequently enable planning
permission to be granted in full. 
2.11 It is envisaged that as with all guidance it will be kept under review to ensure that it
remains accurate and its effectiveness can be monitored through the Local Housing
Strategy, Strategic Housing Investment Plan along with the Housing Land Audit will be
key in measuring the effectiveness of the delivery of the Council’s Affordable Housing
Policy. 
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Planning and Noise Policy Guidance 
2.12 Members will recall that this statutory Supplementary Guidance Note aims to promote
good acoustic design in planning developments, where noise is considered at the very
beginning of the design process.  In this way the best possible acoustic environment
for both future and current residents can be assured as well as protecting existing noise
producing development from complaints from new noise sensitive neighbours. 
2.13    The document outlines the legislative and planning framework with regards to noise
guidance and assessment and identifies North Lanarkshire Council plans and policies
where noise may be an important consideration. 
2.14 The draft guidance seeks to ensure that new development is of good acoustic quality
while still enabling the council to deliver its regeneration and growth ambitions. 
2.15  Guideline noise levels for different forms of development are detailed as well as
providing information and assistance regarding assessment of these noise sources. 
2.16 An internal stakeholder consultation event was carried out on 17th March 2021 and
feedback from this event has informed the draft submitted to this Planning Committee
for agreement to proceed to consultation. 
Antonine Wall World Heritage Site 
2.17 The Antonine Wall runs through five local authority areas across Central Scotland:
Falkirk, North Lanarkshire, East Dunbartonshire, Glasgow and West Dunbartonshire.
In July 2008, it was designated by UNESCO as a World Heritage Site, becoming an
extension of the trans-national ‘Frontiers of the Roman Empire World Heritage Site’
which includes Hadrian’s Wall in England and the German Limes. All five authorities
have worked together to produce this guidance to ensure a consistent approach is
adopted when dealing with development across the Wall. 
2.18 The Supplementary Guidance is intended for use by developers and landowners, the
general public and other agencies when seeking to undertake built development. The
SG will also be used by the Council to determine planning applications and provide pre-
application advice. 
Consultation Procedure 
2.19 The Council has to publicise the statutory Supplementary Guidance Notes – Policy CI
1 Category Affordable Housing Supplementary Planning Guidance, Supplementary
Guidance Note – SPG 15A Planning and Noise and the Antonine Wall World Heritage
Site for a period of 6 weeks to make all potentially interested parties aware of the
guidance and give all who wish to do so the opportunity to comment thereon. The
Council will consider any timeous representations made to it on the proposed
Supplementary Guidance Notes. 
2.20 Following the conclusion of the consultation period and subsequent assessment of the
responses, a report will be submitted to the Committee for approval of the finalised
Supplementary Guidance Notes. 
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2.21 The Council will send the Scottish Ministers a copy of the Guidance it has approved
and intends to adopt. At that time the Council will also send the Scottish Ministers a
Statement setting out the publicity measures undertaken, the comments received, and
an explanation of how these comments were taken into account. After a period of 28
days from submission has elapsed, the Council may adopt the Supplementary
Guidance Note unless the Scottish Ministers direct otherwise. 
NLLDP2 Victoria & Town Centre Conservation Area Appraisal Consultation
Procedure
2.22 Conservation Area Appraisal consultation would be similar to exercises undertaken
across our Town Centres for the Action Plans, with a stand at Airdrie Library over a 4-
6 - week period, staffed on occasion by consultants, with the addition of an online
survey and virtual display room. The results will be assessed and incorporated into the
Evidence Report for North Lanarkshire Local Development Plan 2. 
3. Measures of success 
Affordable Housing Policy Guidance 
3.1 The measures of success would include:
• Clearer guidelines for developers/applicants to help ensure that affordable housing
is appropriately considered at an early stage.
• Will help developers/applicants determine development viability and agree the
valuation methodology with the Council at an early stage.
• Aligns with Government Policy on Affordable Housing which is an important
consideration under NPF4.
• It offers the Council a more robust framework to support the Council’s decisions in
relation to any appeals referencing affordable housing policy.
• Can help to increase the efficiency of processing planning applications in terms of
setting the terms for associated legal agreements early that require to be signed
prior to planning consent being issued. 
Planning and Noise Policy Guidance 
3.2 The measures of success would include:
• Clearer guidelines for applicants to help ensure noise is appropriately considered at
the earliest stage of design development.
• Gives the Service a framework to offer advice on the likely impacts of development
in terms of noise and consistency of approach.
• Less likelihood of noise complaints associated with new developments.
• Aligns with Government Guidance on health impacts of development which is an
important consideration under NPF4.
• It offers the Council a more robust framework to support the Council’s decisions in
relation to any appeals referencing noise grounds. 
Antonine Wall World Heritage Site 
3.3 The measures of success would include:
• Safeguard the integrity of the UNESCO World Heritage Site. 
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NLLDP2 Victoria & Town Centre Conservation Area Appraisal 
3.4 The measures of success would include:
• Meaningful content that can be incorporated into NLLDP2 Evidence Report.
• Successful pilot can be rolled out to other Conservation Areas.
• Evidence Report passes Gatecheck with no questions/clarification sought by
Scottish Government Reporters. 
4. Supporting documentation 
4.1 Draft Supplementary Guidance Note - Policy CI 1 Category Affordable Housing
Supplementary Guidance. 
4.2 Draft Supplementary Guidance Note - SPG 15A Planning and Noise 
4.3 Supplementary Guidance Note – Frontiers of the Roman Empire (Antonine Wall) World
Heritage Sites Supplementary Guidance July 2022. 
Pamela Humphries
Chief Officer (Place) 
5. Impacts ( http://connect/report-template-guidance ) 
5.1 Public Sector Equality Duty and Fairer Scotland Duty 
Does the report contain information that has an impact as a result of the Public
Sector Equality Duty and/or Fairer Scotland Duty? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact?   
If Yes, has an assessment been carried out and published on the council’s
website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-
and-fairer-scotland-duty-impact-assessments 
Yes ☐ No ☐
5.2 Financial impact 
Does the report contain any financial impacts? 
Yes ☐ No ☒ 
If Yes, have all relevant financial impacts have been discussed and agreed with
Finance? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
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5.3 HR policy impact 
Does the report contain any HR policy or procedure impacts? 
Yes ☐ No ☒ 
If Yes, have all relevant HR impacts have been discussed and agreed with People
Resources? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.4 Legal impact 
Does the report contain any legal impacts (such as general legal matters, statutory
considerations (including employment law considerations), or new legislation)? 
Yes ☐ No ☒ 
If Yes, have all relevant legal impacts have been discussed and agreed with Legal
and Democratic? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.5 Data protection impact 
Does the report / project / practice contain or involve the processing of personal
data?   
Yes ☐ No ☒ 
If Yes, is the processing of this personal data likely to result in a high risk to the
data subject? 
Yes ☐ No ☐ 
If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-
mailed to dataprotection@northlan.gov.uk 
Yes ☐ No ☐
5.6 Technology / Digital impact 
Does the report contain information that has an impact on either technology, digital
transformation, service redesign / business change processes, data management,
or connectivity / broadband / Wi-Fi? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
Where the impact identifies a requirement for significant technology change, has
an assessment been carried out (or is scheduled to be carried out) by the
Enterprise Architecture Governance Group (EAGG)? 
Yes ☐ No ☐
5.7 Environmental / Carbon impact 
Does the report / project / practice contain information that has an impact on any
environmental or carbon matters? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
5.8 Communications impact 
Does the report contain any information that has an impact on the council’s
communications activities? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
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5.9 Risk impact 
Is there a risk impact? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the key risks and potential impacts,
highlighting where the risk(s) are assessed and recorded (e.g. Corporate or
Service or Project Risk Registers), and how they are managed? 
5.10 Armed Forces Covenant Duty 
Does the report require to take due regard of the Armed Forces Covenant Duty (i.e.
does it relate to healthcare, housing, or education services for in-Service or ex-
Service personnel, or their families, or widow(er)s)? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the provision which has been made to
ensure there has been appropriate consideration of the particular needs of the
Armed Forces community to make sure that they do not face disadvantage
compared to other citizens in the provision of public services. 
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North Lanarkshire Local Development
Plan 
Policy CI 1 Affordable Housing
Supplementary Planning Guidance 
February 2023 
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Contents 
Introduction…………………………………………………………………………… Page 3
NPF4/National Planning Policy………………………………………………………Page 3
Legislative Framework………………………………………………………………..Page 3
Council Recognition of Affordable Housing………………………………………...Page 4
Delivery Affordable Housing…………………………………………………………Page 4
Delivery Options……………………………………………………………………....Page 6
Valuation Methodology……………………………………………………………….Page 8
Funding Affordable Housing Delivery……………………………………………….Page 8
Affordable Housing Developer Models……………………………………………..Page 9
Planning Process……………………………………………………………………..Page 9
Securing the Development…………………………………………………………Page 10
Review………………………………………………………………………………..Page 11 
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Introduction 
This Supplementary Planning Guidance (SPG) advises developers and
landowners how the identified shortfall in the provision of affordable
housing in the Cumbernauld Housing Sub-Market Area (HSMA) will be
addressed when proposals are submitted to the Council for housing
developments of five or more units in the Cumbernauld HSMA. It is
supplementary to Policy CI 1 Affordable Housing contained within the
North Lanarkshire Local Development Plan (NLLDP) and the Affordable
Housing Policy Background Report. This process is intended to secure
best value for the Council and ensure the right type of affordable
housing is provided in the right locations.  This policy can also be
applied on a case-by-case basis where an identified need has been
demonstrated.   
When developers carry out initial financial appraisals, they should ensure that they
take full account of community expectations and development viability. This will
assist in determining how the affordable housing requirements can be implemented. 
NPF4/National Planning Policy
Since the Adoption of North Lanarkshire Local Development Plan, National Planning
Framework 4 has come into effect. National Planning Policy 16 e) states
“Development proposals for new homes will be supported where they make
provision for affordable homes to meet an identified need. Proposals for market
homes will only be supported where the contribution to the provision of affordable
homes on a site will be at least 25% of the total number of homes, unless the LDP
sets out locations or circumstances where: i. a higher contribution is justified by
evidence of need, or ii. a lower contribution is justified, for example, by evidence of
impact on viability, where proposals are small in scale, or to incentivise particular
types of homes that are needed to diversify the supply, such as self-build or
wheelchair accessible homes. The contribution is to be provided in accordance with
local policy or guidance.” In the absence of Scottish Government Guidance, the
Council believes that its NLLDP Policy CI 1 Category Affordable Housing and this
Supplementary Planning Guidance accords with National Planning Policy 16 e) and
e) ii in setting out how its fully justified and tested Affordable Housing Policy will be
applied to the consideration of planning applications for housing in North
Lanarkshire. 
Legislative Framework 
The SPG takes account of: 
• The Town and Country Planning (Scotland) Act 1997
• The Planning etc (Scotland) Act 2006
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• The Housing (Scotland) Act 2001
• National Planning Framework (NPF3)
• Scottish Planning Policy (SPP)
• Planning Advice Note 2/2010 (PAN 2/2010)
• North Lanarkshire Local Development Plan (Adopted July 2022)
• National Planning Framework 4 (NPF4) (Adopted February 2023)
• Housing to 2040
• The Planning (Scotland) Act 2019 
NPF4 Policy 16 requires affordable housing provision where there is an identified
need. The evidence base for an identified need is contained in the Affordable
Housing Background Report and was confirmed by the Local Plan Examination prior
to Adoption of NLLDP in 2022. Affordability is a key priority expressed in the Local
Housing Strategy 2021-26. PAN2/2010 Affordable Housing and Housing Land Audits
advises on how the planning system can facilitate the delivery of affordable housing.
NLLDP Policy CI 1 is consistent with the guidance in SPP and PAN 2/2010. 
Council Recognition of Affordable Housing 
The Council recognises that affordable housing is typically housing available at non-
market prices that meets the needs of those unable to afford to buy or rent on the
open market. 
The Council recognises the following types of affordable housing provision, which
are ranked in priority order, reflecting housing need within North Lanarkshire: 
• Social rented housing (highest priority)
• Mid-market rented or intermediate rented housing
• Shared equity
• Shared ownership
• Discounted low cost for sale/discounted market housing
• Low-cost housing for sale through subsidy
• Other forms of Discounted low-cost housing for sale 
These tenures are aligned with the affordable housing tenures set out in PAN
2/2010. 
Delivering Affordable Housing 
The Council recognises that a range of factors affect the delivery of affordable
housing on individual sites, including: 
• Housing need
• Site suitability
• Costs and availability of public subsidy 
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Each proposal will be considered on a site-by-site basis, considering costs of
development and any infrastructure works necessary to facilitate development and
render the site financially viable, as well as any pressure on existing social housing
and proposed social housing newbuild within that particular locality. 
Identifying the tenure-mix, type and scale of affordable housing will be determined on
a site by- site basis to meet identified need and will be assessed with reference to
the priorities identified in the following: 
• Local Housing Strategy 
• Strategic Housing Investment Plan
• Housing Need & Demand Assessment
• Housing waiting lists and pressure analysis
• Regeneration master plans or other strategic locality planning
• Contribution to the Council’s commitment to create mixed, sustainable
communities 
Factors determining site-suitability for affordable housing are outlined below: 
• Affordable housing is generally, but not exclusively, required by communities
more reliant on public transport, through economic circumstances, health,
age, or mobility. It is important these factors don’t disadvantage communities
from accessing education, employment, community or recreation facilities,
open space and health services. Affordable housing should be located close
to amenities in accessible locations where communities can walk, cycle or use
public transport to access services.
• Topography of the site should be considered to ensure accessibility and
mobility for residents, but also the development costs and financial viability of
subsidised affordable housing.
• Consideration should be given to whether or not the desired type of affordable
housing required to meet local needs can be integrated with other house
types being proposed within the development. In the interests of delivering
mixed, sustainable communities affordable housing policy homes are
expected to be indistinguishable in appearance to the market homes
provided.
• Subsidised affordable housing must comply with all relevant legislation and
Scottish Government guidance in terms of design criteria such as Housing for
Varying Needs.
• Scale of development and proximity to other managed units along with
integration must be balanced with the need for efficiency of development and
housing management. 
By taking these factors into consideration at an early stage, the preferred form of
affordable housing contribution can be agreed, and developers or landowners made
aware of this prior to agreeing the valuation methodology jointly with the Council.
This allows developers to consider affordable housing requirements as part of their
site appraisal and land acquisition at an early stage. 
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Delivery Options 
Preference One: On-site Provision
The first preference for affordable housing contributions is provision of on-site,
subsidised affordable housing policy homes or serviced and accessible land being
transferred or sold to an appropriate social housing provider.  This should generally
be a Registered Social Landlord (RSL) or North Lanarkshire Council for development
at an end use value for affordable housing. 
Preference Two: Off-site Provision
Provision of off-site affordable homes on another site within the developer’s
ownership or suitable serviced and accessible land being transferred to the Council
or appropriate RSL. It is for the developer to justify the omission of on-site provision
and to guarantee the delivery of off-site provision, within a timescale agreed with the
Council. Again, any land transferred should take account of the end use of the land
for affordable housing. 
Preference Three: Commuted Sum 
Commuted sum as payment in lieu of equivalent of 20% affordable housing onsite
provision. The commuted sum calculation will be determined by the District Valuer
who should be appointed jointly by the Developer and the Council. Any assessment
will take into account the end use value for affordable housing and the difference
between it and the market value. This method will also consider site specific issues.
Any commuted payments received will be spent on provision of affordable housing in
the Cumbernauld Housing Sub-Market Area.  Payment of a commuted sum may also
be acceptable where the Council deem on or off-site provision is unsuitable or where
insufficient funding is available to meet policy requirements. The Council shall utilise
the commuted sum towards the provision of affordable housing within 10 years of
payment. 
The Council will seek to secure on-site provision of affordable housing at the rate of
20% for all new housing developments with an overall site capacity of 25 or more
homes and for sites of 5 to 24 homes the Council will seek payment of a commuted
sum, in lieu of site provision, of a value equivalent to the cost of providing the
percentage of serviced land required by the Affordable Housing Policy. An AHP
contribution will not be sought on sites of 1 to 4 homes.   
Where a proposal is fewer than 5 sites but is clearly part of a phased development of
a larger site which would be subject to an affordable housing requirement, a
contribution is required at an appropriate stage in the development as a whole. 
The Council will also consider the requirement for the provision of affordable housing
elsewhere in North Lanarkshire on a case-by-case basis, where an identified need
has been demonstrated. The Council will review evidence for affordable housing
need on a regular basis and where evidence exists that demonstrates a need for
affordable housing in areas out with the Cumbernauld HSMA the Council will
consider application of the Affordable Housing Policy.  HNDA3 will provide the
principal evidence base augmented with additional local evidence to inform
application of the policy elsewhere in North Lanarkshire. 
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Generally, where the Council or RSL can provide financial commitment that grant
funding would be available to assist in delivery of the affordable housing units, then
this would be the Council’s preferred delivery mechanism. Land transferred should
be serviced, free from constraint, be able to be developed within an agreed
timescale and be valued for delivery of affordable housing. In addition, the project
must be within the Scottish Government’s subsidy target and development cost
benchmarks. 
Planning applications are likely to proceed more efficiently if proposals for the
delivery of affordable housing are set out as part of the initial planning application
and early discussions with the Council and/or nominated RSL would be
recommended. The Council is subject to public sector procurement rules and these
rules may apply to the procurement of any affordable housing element of a
development. 
PAN 2/2010 (Paragraph 21) states that where sites are unsuitable for affordable
housing, developers may offer to provide the contribution on another site within their
ownership, as long as the proposed alternative will help to meet an identified need in
the same Housing Market Area. 
In some instances, provision of the affordable housing on an alternative site within
the Cumbernauld Housing Sub-Market Area may be acceptable to the Council. 
Any alternative site will have to be deemed suitable by the Council (and in particular
will either be allocated for housing within the Local Development Plan or have the
benefit of planning permission for housing), be free from constraint, deliverable
within agreed timescale and within Scottish Government subsidy target and
development cost benchmark. 
The affordable housing delivered off-site will require to be equivalent to the value of
the contribution required on the original site and also must be able to accommodate
the requirement for affordable housing arising from development in its own right.
Commuted sums in lieu of on-site provision will be accepted where: 
• The Council considers on or off-site provision unsuitable
• No funding commitment can be given by the Council or a nominated RSL
• Unsubsidised affordable housing is either financially unviable or will not
meet identified need 
The Council and developer will be required jointly to appoint the District Valuer, or
other mutually agreed independent valuer, to value the affordable housing
contribution required. The valuation at present will be based in accordance with
guidance in Paragraph 22 of PAN 2/2010, which states that commuted sum
payments should be ‘of a value equivalent to the cost of providing the percentage of
serviced land required by the policy’. Accordingly, the commuted sum required will
be equivalent to the cost of providing 20% of the site’s overall capacity in the form of
serviced land for the provision of affordable housing by the Council or RSL. 
Commuted sums will be used to support the delivery of subsidised affordable
housing within the Cumbernauld Housing Sub-Market Area. All resources from this
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source will be used in accordance with priorities identified within the Strategic
Housing Investment Plan and Local Housing Strategy. 
By considering the preferred form of affordable housing contribution developers and
landowners can make informed decisions in relation to agreeing a joint valuation
methodology with the Council. This allows developers to consider affordable housing
requirements as part of their site appraisal and land acquisition at an early stage. 
Valuation Methodology 
An agreed approach to valuations assists both developers and the Council with
forward planning and delivery of the Affordable Housing Policy. 
Early consideration of the site valuation is important to allow developers to assess
the potential impact of Affordable Housing Policy requirements. The Council and the
developer will require to jointly appoint the District Valuer, or other mutually agreed
independent valuer, to carry out an appropriate valuation. 
PAN 2/2010 sets out guidance on valuation of land for affordable housing. At the
point of preparing this SPG, VIP 12 and GN Valuation of Land for Affordable Housing
in Scotland have been issued and provide the most up to date guidance in relation to
valuation of land for affordable housing. 
Valuations will be calculated in terms of PAN2/2010 paragraph 25 for on-site
provision and paragraph 26 for commuted sums. Paragraph 25 states that the
commuted sum payments should be ‘of a value equivalent to the cost of providing
the percentage of serviced land required by the policy’. 
Affordable housing land should be transferred at a value determined by the District
Valuer, or other mutually agreed independent valuer suitably experienced in the type
of property and the locality, appointed by mutual agreement between the parties. 
Valuations will be instructed jointly by the developer and Council and be based on
the affordable housing mix required to meet the local identified housing need. 
Only in exceptional circumstances will the affordable housing requirement be
reduced or waived, and developers will be expected to provide evidence of
associated costs if they seek to negotiate a reduction to the affordable housing policy
requirements. The evidence will be evaluated by the Council and, if necessary, by a
suitably qualified independent third party. 
Funding Affordable Housing Delivery 
The funding for delivering subsidised affordable housing will require the development
to: 
• Meet with Local Housing Strategy priorities
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• Meet design and quality standards required by Scottish Government
(including Housing for Varying Needs Standard and Secure By Design)
• Be able to deliver proposed housing within Scottish Government’s regional
development cost benchmarks
• Be part of an existing or agreed development programme 
Where the affordable housing is to be delivered without subsidy: 
• A developer may in some circumstances elect to provide completed
units without subsidy rather than the serviced plots required by the
development plan policy. 
Affordable Housing Developer Models 
The Council will consider shared equity or ‘intermediate’ housing for rent as meeting
identified affordable housing need in North Lanarkshire. 
Where it can be demonstrated by developers that unsubsidised forms of affordable
housing for sale that maintain affordability in perpetuity in some way or another can
be delivered, then these will also be considered. Developers will be expected to put
in place an appropriate priority purchase scheme to target affordable housing at
identified priority groups. 
Priority groups for affordable housing tenures in North Lanarkshire are those in
housing need who cannot afford to buy or rent at market prices.  Housing need
refers to households lacking their own housing or living in housing which is
inadequate or unsuitable for their needs, and who are unlikely to be able to meet
their needs in the housing market without some assistance and who earn less than
the average household income.  The lower quartile weekly household income in
North Lanarkshire is £3301. 
Planning Process 
It is advisable to ensure that officers of the Council’s Housing Service attend any
pre-application discussions in advance of submitting planning applications. Following
participation in discussions, it is hoped that developers will be able to submit an
Affordable Housing Agreement Letter (produced by the Housing Service) along with
their planning application, this document will demonstrate that the Council’s Head of
Planning and Regeneration Service is satisfied that the provisions of the Affordable
Housing Policy have been met. This document will then form the basis of the Legal
Agreement that will subsequently enable planning permission to be granted in full. 
1 Based on the Scottish Government Local Level Household Incomes Estimates (2018).  Estimates are gross
household income received by all adult householders, including welfare benefits, tax credits and housing
benefit and is unequivalised income which does not adjust for size of household where there may be multiple
incomes.
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An Affordable Housing Agreement Letter neither grants, nor implies subsequent
granting of planning permission. 
The Affordable Housing Agreement Letter will address matters such as: 
• The mechanism and timescale for the delivery of the affordable housing or
commuted sum agreed between the developer/landowner and the
Council/RSL
• The method of establishing/setting the purchase price for the land
• An agreement to transfer specified areas of land or buildings to an RSL or the
Council
• Detailed conditions relating to appropriate assessment of costs associated
with abnormal ground conditions which will be subject to future site
investigation and warranty
• Detailed conditions relating to provision of an alternative commuted sum
payment if for any reason following more detailed site and development cost
appraisal the specified affordable housing cannot be delivered
• Standard specification and definitions for the scale, type and tenure of
affordable housing to be provided
• An agreement on how any dispute will be resolved regarding valuation and
exceptional site costs 
Securing the Development 
Where a requirement for affordable housing has been established and the value of
same agreed, the affordable housing contribution will be secured by means of
planning condition or a binding legal agreement between the Council and the
developer or landowner seeking the planning consent as follows: 
• Applications for ‘Planning Permission in Principle” (where on-site provision is
proposed) which are granted permission would be subject to a planning
condition which requires the subsequent detailed application (Matters Subject
to Condition - MSC) to comply with the Affordable Housing Agreement Letter.
The MSC application would then be the basis of a legal agreement as outlined
below.
• Section 75 of the Town and Country Planning (Scotland) Act 1997 as
amended by the Planning etc (Scotland) Act 2006 and Planning (Scotland)
Act 2019 would be used to ensure that on or off- site schemes are
implemented or to allow for the provision of a commuted sum of money on a
phased basis.
• Section 69 Local Government (Scotland) Act 1973 would be used where the
developer has agreed to provide the Council with a commuted sum of money
and where this money would be provided as and when planning permission is
granted. 
Legal agreements will require to be concluded prior to the issuing of planning
consent. The legal agreement will seek to ensure that the terms of the Affordable
Housing Agreement Letter are implemented within a defined timescale. 
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The Council considers that affordable housing should remain affordable as long as
there is an identified need shown in the Local Housing Strategy. It is considered that
this can be most effectively achieved through the delivery of social rented housing. 
Where other mechanisms are used for delivery such as shared ownership, shared
equity, discounted low-cost housing or private below rent market housing,
developers will be required to ensure that future sales or rentals of the houses
remain affordable as long as an affordable housing need remains. 
The above is not exhaustive and negotiations on the way in which affordable housing
is provided within a site and the appropriate terms and conditions in the legal
agreement will vary depending on specific site circumstances. 
Review 
The Supplementary Planning Guidance will be kept under review to ensure that it
remains accurate. The Council will therefore keep under review: 
• National legislative and policy developments
• Changes to financial delivery and procurement frameworks
• Changing local circumstances in relation to housing needs 
Monitoring the Local Housing Strategy, Strategic Housing Investment Plan along
with the Housing Land Audit will be key in measuring the effectiveness of the
delivery of the Council’s Affordable Housing Policy.
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North Lanarkshire Council Draft Statutory
Supplementary Guidance Note – 
SPG 15A Planning and Noise 
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Version Control 
Author  Moira Cartwright   
Contact  
Details 
cartwrightm@northlan.gov.uk 
Policy Owner   Andrew 
McPherson 
mcphersona@northlan.gov.uk 
Date    January
2022 
Version
Number 
1.1  Document 
Status  
Draft 
Governance   Enterprise and
Communities 
Date Approve d   16 February 2022 
Review Date   Proposed review date 3 years from adoption of guidance 
Strategic Alignment 
Improve the health and care of communities 
Improve economic opportunities and outcomes 
Consultation and Distribution Record 
Consultation Process   Internal stakeholder event , steering group 
Internal  Stakeholders   Contacts identified for each service  
Local elected members, Managers and members of the 
New Supply team, Head of Planning and Regeneration, 
Head of Regulatory Services and Waste Solutions,
Planning Managers and officers; Growth Programme
manager and team; Property Manager (technical and
design); Forward Planning and Specification Manager;
Estates Property Manager  
Distribution List   To all stakeholders listed above    
Change Record 
Date   Insert date  Author   Insert details 
Change made    No changes – new, draft document 
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Statutory Planning Guidance – Planning and Noise 
Contents                          Page  
1 Status                     4 
2 Introduction                    4 
3 Legislative Framework and Planning Policy            5 
4 Development Management in North Lanarkshire                    7 
5 Noise Guidance and Criteria               9 
6 Noise Impact Assessment              15 
Appendix 1 – References                17 
Appendix 2 – Contact Details for Specialist Acoustic Help                                       18 
Appendix 3 – Glossary of Acoustic Terms            19 
Contact Details for North Lanarkshire Council           21 
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1. Status    
1.1. This Statutory Guidance (SG) forms part of the Development Plan and is a material
consideration in the determination of planning applications. 
1.2. The SG expands upon the following North Lanarkshire Council Local Development Plan
policies:  
• Policy EDQ 2C – Management Areas  
• Policy EDQ 3C – Quality of Development, Guidance 
2. Introduction    
2.1. The main purpose of this guidance is to assist developers, decision makers, agents,
residents and others to identify issues to be addressed in any application for
development in which noise will be an important consideration when assessing that
application. 
2.2. Noise is likely to be an important consideration where noise sensitive developments
are planned near to existing noise sources, or where potentially noisy developments
are introduced into existing noise sensitive areas.  
2.3. Unwanted sound can have a significant impact upon environmental quality, public
health and amenity. (1)   Long term exposure to noise has been linked to increased risk
of cardiovascular disease and stroke. Short term exposure has been linked to
decreased quality of sleep including night awakenings.  Disturbed sleep has been
linked to fatigue, accidents and reduced performance (2). 
2.4. Good acoustic design is imperative in the development of sites in which noise is a
consideration. This process should examine the design options available in relation to
the location of noise sensitive receptors to a noise source including the possibility of:- 
• reducing the noise at source 
• orientating the proposed buildings to reduce noise impact 
• the use of barriers and bunds to reduce the noise level at the noise sensitive receptor 
• designing the internal layout to place habitable rooms away from the line of site of any
noise sources and 
• use of insulation of the building envelope to mitigate noise.(3) 
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2.5. Early engagement with North Lanarkshire Council’s (NLC) Environmental Health 
Service to discuss the proposal and any noise issues on the proposed site is essential. 
These discussions should include whether a noise impact assessment report is required
to be undertaken as part of the Planning application process and the terms of the
assessment methodology as well as the internal and external noise level standards
which will be applied by the local authority.  Agreeing these matters in advance could
prevent unnecessary delays during the planning process should an alternative noise
impact assessment methodology or standard be applied. Environmental Health may
continue to be involved throughout the process.  
2.6. The Scottish Environmental Protection Agency (SEPA) regulates noise from certain
prescribed industrial processes. Notwithstanding the regulatory role of SEPA, the
Council will determine whether any noise impact from an existing or proposed
development is significant in terms of the Planning regime and the local authority will
liaise with SEPA regarding any Planning application involving a proposed new
prescribed process or proposed changes to an existing  prescribed process. 
3. Legislative Framework and Planning Policy    
3.1. Scottish Government Policy  
3.1.1  The Environmental Noise (Scotland) Regulations, 2006 requires the
production of strategic noise maps for large urban area, transport corridors
and large airports within Scotland.  From these strategic maps, action plans
were drawn up which identified areas where residents were likely to be
exposed to the highest levels of noise.  These areas are known as Noise
Management Areas [NMAs].  These action plans also identified areas
where individuals were likely to experience relatively low levels of noise and
these are known as Quiet Areas [QAs].  The Scottish Government Action
Plans aim to identify noise abatement measures designed to manage,
avoid, prevent or reduce the harmful effects of noise exposure in NMA’s. 
These Action Plans also aim to maintain and protect environmental noise
quality in QAs.  Similarly, through the planning process Local Authorities
are required to ensure that new development does not result in increasing
numbers of people exposed to adverse noise impacts in both NMAs and  
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QAs.   At the time of publishing this guidance no noise management areas
or quiet areas have been declared in North Lanarkshire. 
3.1.2  Planning Advice Note (PAN) 1/2011(1) provides guidance for planning
authorities in relation to planning and noise and when noise impact
assessment (NIA) will be required.   The contents of this document have
been considered in the development of this guidance together with
appropriate European and national guidance on noise. 
3.1.3  The Technical Guidance Note (4) which accompanies PAN 1 offers
guidance regarding technical aspects of noise assessment and mitigation
but recognises that it is up to each individual local authority to develop their
own noise guidance and set appropriate noise standards specific to their
local circumstances. 
3.14 National Planning Framework 4 (NPF4) specifically Policy 23 Health and
safety requires noise impact to be taken account of in determining planning
applications. Other policies refer to noise considerations as well.  
3.2. North Lanarkshire Council Policy and Guidance  
3.2.1.  Local Development Plan.  The Town and Country Planning (Scotland)
Act 1997 (as amended by the Planning etc (Scotland) Acts 2006 and 2019)
and its associated regulations requires local authorities to produce a local
development plan, setting out the Council’s detailed policies and proposals
for the use, development, protection and improvement of land.  North
Lanarkshire Council adopted its Local Development Plan on 6th July
2022(4).  Section 22 of The Town and Country Planning Act 1997 allows
local authorities to adopt and issue guidance attached to a local
development plan.   
3.2.2.  The Business Plan for North Lanarkshire sets the direction for the council
and its partners.  Its purpose is to communicate the shared priorities and
provide a focus for activities and resources.  The plan details North
Lanarkshire Council’s big ambitions in terms of realising large-scale
regeneration and infrastructure projects.  As part of these regeneration and
infrastructure projects the noise impact of any development will be one of
the many considerations. 
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3.2.3.  The Economic Regeneration Delivery Plan for North Lanarkshire sets
out a high-level framework for improving economic opportunities and
outcomes for all by delivering an integrated approach to investing in four
key, inter-related areas:  Housing supply; Town centres; Business and
industry; Infrastructure.  As part of this integrated approach the impact of
noise on sensitive developments will require to be considered.  Good
acoustic design can provide a solution to potential noise impact issues
when noise sensitive receptors and noise generating sources require to
coexist in the same location. 
4. Development Management in North Lanarkshire 
4.1.  Noise is likely to be a material consideration in any planning application when: 
• Noise sensitive development (NSD) is proposed close to an existing
noise source. 
• Noise generating development (NGD) is planned next to an existing
noise sensitive development. 
4.2. Noise sensitive uses may include a residential area, school or hospital while noise
generating uses are likely to be noisy roads, railways, industrial and commercial sites. 
4.3. Where it is not possible to separate noisy and noise sensitive land uses, developers
will have to incorporate good acoustic design and a sensitive approach to any new
development proposals.  This approach will be key in Town Centre locations where 
North Lanarkshire’s ambition is to create  vibrant places with mixed use spaces which
maximise social, economic and environmental opportunities.  The planning authority
will look favourably on acoustically well designed buildings,  in town centre locations,
to enable noise sensitive and noise generating development to succeed in these
areas while maintaining good acoustic conditions for residents.  
4.4. In a very small minority of areas which already have an unacceptably high noise level
it may not be possible to mitigate the adverse effects of noise. In such circumstances
noise sensitive development may not be appropriate. 
4.5. The Environmental Protection Act, 1990, places a duty on Local Authorities to
investigate noise complaints from, among others, industrial and commercial sources.
Where statutory nuisance conditions exist, a Local Authority must serve Notice
requiring the business to take action to reduce noise levels.  This requirement may
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result in a company having to reduce their operations or in extreme cases close their
business.  Therefore, in considering a NSD close to industrial/commercial sources
there is an obligation on the planning authority to protect existing commerce and
industry from complaints from residents of new housing development.     
4.6. Developers should agree representative noise standards and the site-specific NIA
methodology with the planning authority in advance of undertaking the assessment.   
4.7. It is recognised by the World Health Organisation (WHO) that a large proportion of the
public wish to sleep with their window open, slightly, for ventilation (6).  For this reason,  
it is required that developers seek to use good building design to allow the windows  
of habitable rooms (bedrooms, living rooms and dining rooms) to be open slightly for
ventilation while providing satisfactory internal noise levels. 
4.8. Pan 1/2011 and BS 8233:2014 both recognise, in some areas where development is
desirable, while it is preferable to have open windows in habitable rooms of a new
noise sensitive development, this might not always be possible where external noise
levels are high, and still achieve satisfactory internal noise levels(1)(3). 
4.9. In North Lanarkshire developers will be expected to aim to achieve satisfactory
internal noise levels with room window open slightly for ventilation.  The developer
must demonstrate that they have explored all potential mitigation options to try and
achieve this goal on sites where noise levels are an issue.  At the very least this should
include exploring the potential for: 
a) reducing the noise at source. 
b) orientating the proposed buildings to reduce noise impact. 
c) the use of barriers and bunds to reduce the noise level at the noise
sensitive receptor. 
d) designing the  internal layout to place habitable rooms away from the line
of site of any noise sources and 
e) use of insulation of the building envelope to mitigate noise.(3) 
Only after the applicant has provided justification to the satisfaction of the Council that
these mitigation options have been exhausted, it may be possible to consider some
proposals with ‘closed windows’ being part of an overall agreed noise mitigation
strategy.  Each site will be considered by the Planning Authority, on its own merits. 
The number of affected properties and the level to which the guideline is exceeded will
be considered by the planning authority when determining the suitability of a
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development where ‘closed windows/alternative ventilation’ is a limited part of an
overall agreed noise mitigation strategy.   This approach is highly likely to be more
acceptable to NLC for anonymous transport noise sources without distinctive noise
characteristics than for industrial/commercial noise sources for reasons which are
outlined below.    
4.10. The internal noise standards quoted within the various WHO documents and within 
BS 8233:2014 relate only to anonymous noise sources such as road and rail traffic.  
WHO research finds that residents consider these types of noise to be less annoying 
than noise from discrete known sources which often generate a stronger emotional
response(6).  WHO 1999, indicates that a window, open for ventilation, will provide
attenuation of between 10 – 15 dB(6).  WHO Environmental Noise Guidelines for the
European Region, 2018 provides guidance regarding attenuation which may be
provided by windows within structures “The differences between indoor and outdoor
levels are usually estimated at around 10 dB for open, 15 dB for tilted or half-open and
about 25 dB for closed windows”(7). This is based on research on attenuation of road
traffic noise and consequently NLC will apply a 15dB attenuation for window open for
ventilation when transport noise sources are being assessed.   
4.11. Noise from industrial and commercial sources is not anonymous in nature and is often
more variable in level and character.  It often contains discrete tones, impulsive and
intermittent noise.   As such it is considered to cause greater annoyance and
disturbance to receptors.  Due to the nature and character of industrial/commercial
noise, which can include externally sited fan or plant noise, when assessing indoor
noise levels within a noise impact assessment, an open window should be considered
to give the lower end of the spectrum of attenuation at 10 dB.      
5. Noise Guidance and Criteria 
5.1. A quantitative assessment of noise levels impacting a site will be required as part of
an application where noise is a material consideration.  A qualitative assessment may
also be required. 
5.2. Anonymous Road and Rail Traffic Noise 
5.2.1.  The WHO Guidelines for community noise 1999(6), Night noise for Europe
2009(2) and Environmental Noise Guidelines for Europe, 2018(7) provide
information about appropriate external and internal noise levels in relation
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to anonymous noise from road and rail traffic.  These noise levels have then
been transposed into UK guidance in the form of BS 8233:2014(3) 
5.2.2.  The indoor ambient noise levels for new dwellings planned next to an
existing road or rail noise source are given in BS 8233:2014 Table 4 which
is reproduced below together with the accompanying notes:-    
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5.2.3. To prevent sleep disturbance at night, as well as considering the equivalent
sound pressure level (LAeq) of the sound source, the maximum indoor sound
pressure level (LA,fast,max) and the number of those maximum sound events
should be assessed.  WHO, 1999 suggests an LA,fast,max of 45 dB should not
be exceeded for any single event more than 10-15 times per night, to
prevent sleep disturbance(1).  While WHO, 2009 suggests an LA,fast,max of 42
dB has been found to show no detectable adverse alteration in the sleeping
individual(2). 
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5.2.4. It is desirable that external noise levels in gardens, patios and amenity space
of residential properties do not exceed 50 dB LAeq,T, with an upper 
guideline value of 55 dB LAeq,T, where T is the daytime period of 16 hours,
07:00 to 23:00.  Where proposed development cannot meet these criteria
with the provision of the most effective noise mitigation measures in place, 
the number of affected properties and the level to which the guideline is 
exceeded will be considered by the planning authority when determining the
suitability of the development. 
5.2.5.  Relevant Target Noise levels for Road, Rail and Aircraft Traffic 
Sound Source Relevant Standard for
Assessment 
Target Levels  Standard from which target
levels are derived 
Road Traffic  Calculation of Road 
Traffic Noise 1998 
[CTRN]; Design 
Manual for Roads and 
Bridges 2012  
External Day time:
LAeq[16hours]=50 – 55 dB*; 
or Lden < 53 dB External
Night time: 
LAeq[8hours]= 45dB** ; or  
Lnight < 45 dB 
Internally Night time: 
LAmax= 45 dB *** 
WHO Guidance for 
Community Noise 1999, WHO 
Night Noise Guidelines for 
Europe, 2009, BS 8233:2014; 
WHO Environmental Noise 
Guidelines for Europe, 2018 
Calculation of Railway
Noise 1995[CRN] 
External Day time:
LAeq[16hours]=50 – 55 dB*; 
or  Lden < 54 dB External
Night time: 
LAeq[8hours]= 45dB** ; or  
Lnight < 44 dB 
WHO Guidance for 
Community Noise 1999, WHO 
Night Noise Guidelines for 
Europe, 2009, BS 8233:2014; 
WHO Environmental Noise 
Guidelines for Europe, 2018 
Air Traffic   Guidance in BS 
8233:2014; Civil 
Aviation Authority  
Lden < 55 dB
Lnight < 40 dB 
WHO Environmental Noise
Guidelines for Europe, 2018 
*BS8233:2014 recognises that it may not always be possible to meet 55 dB in residential
gardens, but that good design should be used to reduce noise levels in external amenity areas
to the lowest possible level. 
**when assessed externally 1 m from the facade 
*** No more that 10 – 15 times per night.  When considering the number of times per night
each situation will be assessed on site by site basis and will be determined by the number of
events and the levels of each event. 
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5.2.6  Any increase in traffic caused by a proposed development and assessment of its
effect on noise levels at exiting residential properties should be included with in the
NIA. 
5.3 Industrial and Commercial Noise Sources 
5.3.1  Noise from industrial and commercial sources is often varying in nature can be
complex to assess.  The most relevant standard for assessing new industrial
and commercial development is BS 4142:2014+A1:2019. Methods for rating
and assessing industrial and commercial sound (8). 
5.3.2  BS 4142:2014 provides a methodology of assessment and rating of commercial
and industrial sound externally and gives an indication of whether  that sound
is likely to have an adverse effect on the residents of nearby dwellings both
externally and internally.  The standard is used to determine the impact of noise
from a new industrial/commercial noise source on existing residential
properties or from an existing industrial/ commercial noise source on a new
residential development.  This is achieved by determining: -  
a) The ambient, residual and background noise levels  
b) The rating level of the sound source, which may include
penalties for the tonal, impulsive, intermittent or otherwise
distinctive character of the sound  
c) The context in which the sound is occurring  
d) The significance of impact of the sound source by
determining the level by which the rating level exceeds the
background noise level 
e) An exceedance of +10 dB or more is considered to be an
indication of likely significant adverse impact dependant on
the context of the noise 
f) An exceedance of +5 dB or more is considered to be an
indication of likely adverse impact dependant on the context
of the noise 
g) The lower the rating level is relative to the measured
background level the less likely it is that the specific noise
source will have an adverse impact or a significant adverse
impact.  
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5.3.3  Relevant Noise Standards for Industrial/Commercial Noise 
BS 4142 Outcome  Planning Advice 
LAr(T) – LA90,T is > 0       Noise is unlikely to be a consideration 
LAr(T) – LA90,T is > 0 and < +5    
Where the rating level is above the background noise level by
up to 5 dB it is in an indication that the noise may not be
acceptable from a noise perspective depending on the context.  
Further noise mitigation is likely be required to reduce LAr(T) –
LA90,T  to as close to 0 as reasonably practicable. 
LAr(T) – LA90,T > + 5    
Where the rating level is 5 dB or more above the background
noise level this is an indication that the development is unlikely
to be acceptable from a noise perspective.  Further mitigation
will be necessary to reduce the LAr(T) – LA90,T  to as close to 0
as reasonably practicable. 
5.4 Entertainment Noise  
5.4.1  New commercial developments where amplified music or any broadcasting is
a likely activity should be designed to ensure that this noise is contained within
the development boundary and is inaudible within any neighbouring noise
sensitive property. 
5.4.2  New residential developments planned near venues where amplified music or
broadcasting is likely, should be designed to ensure that noise from these
sources is inaudible within the proposed noise sensitive properties and where
appropriate in their gardens or amenity space.    
5.5 Noise from Externally Sited Plant and Ventilation Systems  
5.5.1  Noise from new or altered ventilation systems must be designed so that it meets
the appropriate Noise Rating (NR) Curve in the nearest residential property. 
Where new NSD is located next to existing ventilation system noise the
development should be designed to allow the noise standards detailed in 5.5.3
to be met. 
5.5.2  Noise Level Standards for  Ventilation Noise 
Noise Rating (NR) Curve  Time of day  
NR 30  07:00-23:00 
NR 25  23:00 – 07:00 
NR20 (quieter areas)  23:00 – 07:00 
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5.5.3  For externally sited plant or ventilation systems which are located adjacent to:  
a) amenity areas where the background noise level is relatively low or  
b) high background noise levels where noise above NR 30 may be
acceptable  
an assessment in terms of BS 4142:2014+A1:2019 may be more appropriate.  
Where either of these situation arise agreement should be sought from
Environmental Health on the appropriate methodology prior to assessment. 
5.6 Development where  for traffic, industrial- commercial, entertainment and ventilation
noise is material consideration will  only be permitted where the planning authority is
satisfied that the criteria outlined in 5.2 – 5.5 above have been achieved and that a
development does not give rise to significant adverse impacts on health and quality of
life and/or does not require businesses to have unreasonable restrictions put on them
because of changes to nearby land uses.    
5.7 Wind Turbine Noise 
5.7.1  Wind turbine development applications are not considered in this guidance. 
Advice on this topic can be found on our website at
https://www.northlanarkshire.gov.uk/pests-and-
pollution/pollution/noise/noiseguidance-wind-turbine-developments. 
5.8 Construction and Demolition Noise 
5.8.1  In general control of noise from construction and demolition works in NLC is by
means of guidelines on restricting the hours of operation of noisy equipment.  
These guideline times are: 
• Mondays to Fridays - 8am to 7pm 
• Saturdays - 8am to 1pm 
• Sundays and Bank Holidays - no noise should be audible at the site       
boundary. 
5.8.2  The Control of Pollution Act, 1974 (9) (CoPA) Sections 60 and 61 may be used
by the council to control noise from construction and demolition works. 
5.8.3  Section 61 of the CoPA allows the person(s) carrying out the works to apply to
the Council for permission to undertake these works at specified dates and 
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times, in a specific manner, using specified equipment/methods.  The Council
has 28 days to decide upon any application they receive. 
5.8.4  Section 60 of the CoPA allows the Council to place restrictions on any
construction/demolition works where it has had or believes it is likely to have
complaints regarding noise.  Any aspect of the site works can be restricted for
example hours of operation, equipment used, work methods etc. 
5.8.5  BS5228-1:2009 +A1:2014 Code of practice for noise and vibration control on
construction and open sites provides guidance for those undertaking this work. 
This document discusses noise mitigation controls, best practice in relation to
communication with local residents, etc.(10) 
6 Noise Impact Assessment 
6.1 Noise impact assessment should be carried out by a suitably qualified and competent
noise consultant.  The consultant would be expected to hold membership of the
Institute of Acoustics or the Association of Noise Consultants. 
6.2 As a minimum a noise impact assessment report should include: - 
a) An Introduction 
Statement of qualifications, competency, professional memberships, 
experience, professional indemnity, etc. 
b) A description of site and proposal including the relevant noise source and
associated detail 
c) Identification of the receptor, their proximity to source and their sensitivity 
d) The acceptable noise criteria agreed with the authority in advance 
e) Details of noise measurement survey undertaken should as a minimum 
include (but not limited to) details of the: - 
• device(s) used, assessment methodology, location, duration,
meteorological conditions 
• interpretation of results, data summary, and any additional
calculations 
• Any assumptions made 
• Impact assessment – analysis of results against acceptability 
criteria 
• Noise mitigation measures – discussion of any need for, the
options available to mitigate 
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• observed noise levels, and the improvement various options
might provide. 
f) Conclusions 
g) Recommendations 
h) Appendices, for raw measurement data, calibration certificates,
calculations, if modelling used input parameters, additional maps and plans,
details and specifications for mitigation measures. 
6.3 Where there is significant night time noise in the area under consideration an attended
night time noise survey is likely to be required. 
6.4 Where noise mitigation measures are conditioned as part of the planning consent, the
applicant may be required to validate that the measures detailed in the planning
condition have been installed to the satisfaction of a suitably qualified acoustic 
consultant.  It is likely that a report detailing these validation works will require to be
submitted to, and approved by, the Planning Authority i.e. NLC before any such
condition can be discharged. 
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Appendix 1    
References 
1. Planning Advice Note (PAN) 1/2011, Scottish Government 2011 
2. World Health Organisation, Night noise guidelines for Europe 2009 
3. BS 8233: 2014 Guidance on sound insulation and noise reduction for buildings 
4. Assessment of noise: technical advice note, Scottish Government 2011 
5. North Lanarkshire Local Development Plan, 2021  
6. World Health Organisation, Guidelines for Community Noise 1999 
7. World Health Organisation Environmental Noise Guidelines for the European Region 2018 
8. BS 4142:2014+A1:2019. Methods for rating and assessing industrial and commercial
sound 
9. The Control of Pollution Act, 1974 
10. BS5228-1:2009 +A1:2014 Code of practice for noise and vibration control on construction
and open sites 
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Appendix 2    
Contact details for acoustics organisations 
1 Institute of Acoustics Sidbury Court 
406 Sidbury Boulevard 
Milton Keynes 
MK9 2AF 
T:  0300 999 9675 
E: ioa@ioa.org.uk 
IOA web site link to assist in finding a suitable noise consultant
https://www.ioa.org.uk/find-acoustics-specialist-or-supplier 
2 The Association of Noise Consultants 
19 Omega Business Village  
Thurston Road 
Northallerton 
DL6 2NJ 
T: 020 8253 4518 
E: info@theanc.co.uk 
ANC web site link to assist in finding a suitable noise consultant
https://www.association-of-noise-consultants.co.uk/ 
3 Building Research Establishment Red
Tree Magenta 
Red Tree Business Centre 
270 Glasgow Road, Rutherglen 
Glasgow, G73 1UZ 
T: +44 (0)1414 474999 
E: enquiries@bregroup.com 
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Appendix 3 Glossary of Acoustic Terms    
‘A’ weighting (dB(A)): A frequency dependent correction which weights sound to correlate
with the sensitivity of the human ear to sounds of different frequencies. 
Ambient Noise: A measure of the typical noise (excluding any unusual events) present at a
site. This is usually described in terms of LAeq,T. 
Anonymous noise: Noise that cannot be attributed to a single (specific source). For example,
noise from cars on a road would be considered anonymous whereas a noisy ventilation unit
would not. 
Audible: Sound that can be heard or is perceptible by the human ear. 
Background Noise: A measure of the underlying noise (excluding any unusual events) which
is present at a site before a new noise source is introduced. This is usually described in terms
of the LA90 level: the sound pressure level exceeded for 90% of the time. 
Decibel (dB): A unit used for many acoustic quantities to indicate the level of sound with
respect to a reference level. 
Façade measurement: Noise measurements made outside an external wall of a structure
(usually 1 metre from the wall). 
Good Acoustic Design: focuses on the techniques and principles employed in acoustic
design, as well as room acoustics, hearing, speech, sound insulation, and noise control and
design.  Further details can be found in ProPG: Planning & Noise Professional Practice 
Guidance on Planning & Noise New Residential Development SD2-i SUPPLEMENTARY 
DOCUMENT 2 GOOD ACOUSTIC DESIGN at  
https://www.ioa.org.uk/sites/default/files/14720%20ProPG%20Supplementary%202.pdf 
Habitable room: A room used for sleeping or recreation / relaxation. 
Inaudible: Sound that cannot be heard or is imperceptible to the human ear. 
Industrial-type noise sources: Noise sources that are industrial in character. For example,
noise from plant and machinery, materials handling operations, or manoeuvring of heavy
vehicles. 
Institute of Acoustics: A professional body representing persons at all levels working in the
field of acoustics. 
LA90,T: Sound pressure level exceeded for 90% of the measurement period “T” or 
‘background level’. 
LAeq,T: Equivalent continuous sound pressure level measured over the time period T 
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LAmax: The maximum RMS A weighted sound pressure level 
Noise: Unwanted sound. 
Noise assessment: Evaluation of noise climate by a suitably qualified person to assist in the
determination of a planning application. 
Noise-sensitive premises /developments: Principally comprising residential premises,
hospitals, schools and hotels. Other premises types may be deemed such depending upon
circumstances. 
Noise Nuisance: A legal term used to describe noise at a level that is disturbing as perceived
by a reasonable person. The meaning of nuisance is defined by precedent in common law. 
Outdoor Amenity Area: An outdoor area adjacent to a residential building which is designed
and intended primarily for the leisure and recreation of the occupants of the dwelling. This will
include gardens, landscaped areas, balconies. 
Rating Level: The noise level of an industrial noise source which includes an adjustment for
the character of the noise. Used in BS4142:2014. 
Suitably qualified person: A person having a suitable combination of formal training and
experience in the assessment of noise.                                               
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If you require further information or assistance, please contact North Lanarkshire Council using
the details provided below: 
Planning Authority    
Address:   Civic Centre 
Windmillhill Street 
Motherwell 
ML1 1AB 
Telephone:   01236 632500  
Email:   esplanning@northlan.gov.uk 
Environmental Health    
Address:   Ground Floor, Civic Centre 
Windmillhill Street 
Motherwell 
ML1 1AB 
Telephone:   01236 856300 or 01236 856361 
Email:   Environmental-Health@northlan.gov.uk 
Or visit our website at https://www.northlanarkshire.gov.uk/ 
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Page 93

Frontiers of the Roman Empire 
(Antonine Wall) World Heritage Sites
Supplementary Guidance
July 2022
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Page 94

Aerial picture showing Roughcastle Fort in its setting. © Falkirk Council
Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022
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Page 95

Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022
Contents
Frontiers of the Roman Empire 
(Antonine Wall) World Heritage Sites
1. Introduction
2. Application Process
3. Assessing the Impact of Development
4. Design and Mitigating Impacts
Appendix 1 - Useful Contacts
Appendix 2 - Summary of Key Points
Appendix 3 - Glossary
Appendix 4 - General Information, Development Plans and Useful Contacts
Appendix 5 - Map of The Antonine Wall and Council Areas
Appendix 6 - Map of The Antonine Wall, Council Areas, Scheduled Areas and Buffer Zones
Appendix 7 - The Antonine Wall - Then and Now
Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022
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1. Introduction
Who is this Guidance For?
1.1  This Supplementary Guidance provides advice
for developers, decision makers and the public on
managing the impact of development on the Frontiers
of the Roman Empire (Antonine Wall) World Heritage
Site (FRE(AW)WHS) and its setting. The guidance
supports the implementation of the development plan
policies agreed by the five Councils along the Antonine
Wall: Falkirk, North Lanarkshire, East Dunbartonshire,
Glasgow City and West Dunbartonshire.
1.2  The Guidance will be a material consideration in
the assessment and determination of planning
applications affecting the Antonine Wall and its setting.
It will then be progressively adopted as statutory
Supplementary Guidance alongside the emerging
Local Development Plans being prepared by the five
local authorities.
Purpose of Guidance
1.3  The purpose of the SG is to:
¤  Explain the significance of the Antonine Wall and
its status as a World Heritage Site;
¤  Encourage early and effective consultation with
Councils and Historic Environment Scotland;
¤  Outline the approach and procedure for assessing
development affecting the World Heritage Site;
¤  Set out the criteria which will be applied in
determining planning applications for development
along the line of, and within the setting and vicinity
of the World Heritage Site;
¤  Guide decisions on planning appeals and 
enforcement.
The Antonine Wall
1.4   The Antonine Wall is the most substantial and 
important Roman monument in Scotland. Built on the
orders of the Emperor Antoninus Pius in the years
following 140 AD, it extends for some 60 kilometres
across central Scotland from Bo’ness on the River
Forth to Old Kilpatrick on the River Clyde and marked
the north western frontier of the Roman Empire.
1.5    The Wall functioned both as a frontier control and
military defence. It comprised of a substantial turf
rampart built on a solid stone base fronted to the 
north by a broad, deep ditch and outer mound. To the
south of the rampart was a road, the Military Way,
which permitted the movement of troops, goods and
materials and connected the series of permanent
stone built forts which occur at roughly two mile
intervals along its length. Between some of the forts
there are smaller forts, or fortlets. Camps used by 
the troops building the Wall also occur at regular
distances along the frontier.
1.6    The Antonine Wall is of great significance for a number
of reasons. It represents one of many sections of a
massive military system which stretched over 5000
km from northern Britain, through Europe to the Black
Sea, and from there to the Red Sea and across North
Africa to the Atlantic coast. This frontier helped to
protect – and define – the Roman Empire, one of the
greatest states ever to have existed. The Antonine
Wall was the most northerly frontier of the Empire,
the last of a series of planned frontiers built in the 2nd
Century AD and, at the time, the most complex ever
constructed by the Romans.
1.7    Today around one third of the Antonine Wall which
survives is visible above ground, at places such as
Bearsden, Bar Hill and Rough Castle. Around one
third lies in urban areas while the remainder lies in
open countryside or open spaces within urban areas
and, though not visible above ground,  survives below
ground. Only 2 km of the original 60 kilometres of
the Antonine Wall have been completely lost through
quarrying and the construction of roads, railways and
the Forth and Clyde Canal. The Wall continues to be
subject to considerable development pressures and
given its significance it is imperative that the remaining
sections - whether visible on the ground or not - are
safeguarded from inappropriate development
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© Crown Copyright: Historic Environment Scotland
View of Kirkintilloch High Street with 
line of Antonine Wall marked in paving
Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022
1. Introduction
The Frontiers of The Roman Empire 
(Antonine Wall) World Heritage Site -
FRE(AW)WHS
1.8   In July 2008 the international cultural and 
archaeological importance of the Antonine Wall was
recognised when the World Heritage Committee of
UNESCO inscribed the site as Scotland’s fifth World
Heritage Site (WHS). The Antonine Wall became an
extension of the trans-national Frontiers of the Roman
Empire World Heritage Site which includes Hadrian’s
Wall in England and the Upper Raetian German
Limes. The intention is that the WHS will eventually
include all surviving sections of the frontiers of the
Romans in Europe, Africa and the Middle East.
1.9    With World Heritage Site status comes a commitment
to protect the exceptional cultural significance of the
Antonine Wall and Outstanding Universal Values
(OUV) for which the site was inscribed. The Statement
of Outstanding Universal Value, provided at Appendix
1, not only identifies the reasons for the Wall’s
inscription as a World Heritage Site but provides the
basis for its effective protection and management.
1.10    It is imperative that development does not compromise
the values for which the Antonine Wall was inscribed
as a World Heritage Site, its authenticity and integrity.
Buffer Zone
1.11  To protect the important landscape setting of the
Antonine Wall a Buffer Zone has been designated to
the north and south of the monument. The Buffer Zone
does not act as an absolute barrier to development
but defines a zone where added protection to the
immediate setting of the World Heritage Site is given. 
Development proposals within the buffer zone will be
given careful consideration to determine whether it
is likely to significantly detract from  the Outstanding
Universal Value  authenticity or  integrity of the
Antonine Wall World Heritage Site.
1.12  Section 3 of this SG provides further guidance on
Buffer Zones and the setting of the Antonine Wall.
The boundaries of the World Heritage Site and the
Buffer Zones are shown on page** as well as on
the Proposals Maps of the relevant local plans/local
development plans listed in Appendix 3.
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1. Introduction
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1. Introduction
Protecting The Wall
1.13  World Heritage Site designation does not result in
additional direct legal protection. Nevertheless, the
Antonine Wall is protected through the planning
system and in some areas through designation as a
scheduled monument.
Scottish Planning Policy
1.14   Scottish Planning Policy (SPP) provides a statement
of the Scottish Government’s policy on nationally
important land use matters. The Historic Environment
Policy for Scotland (HEPS) sets out the Scottish
Governments policies for the historic environment
and provides policy direction. Paragraph 147  of SPP
refers to World Heritage Sites and states that “Where
a development proposal has the potential to affect
a World Heritage Site, or its setting, the planning
authority must protect and preserve its Outstanding
Universal Value.” The glossary of SPP clearly defines
the term ‘Outstanding Universal Value’ and 
emphasises that the Statement of OUV is the key
reference for the future effective protection and
management of the WHS. The glossary also clearly
defines setting.  SPP emphasises that setting is more
than simply the immediate surroundings of a site. 
It can also relate to how the site was intended to fit
into the landscape, the views from it and how the site
is seen from the surrounding area. Planning Advice
Note (PAN) 2/2011: Planning and Archaeology and
the Managing Change in the Scottish Environment
Guidance Notes complete a suite of documents that
together set out the Scottish Ministers’ policies for
planning and the historic environment. Links to all the
documents mentioned are listed in Appendix 3.
Development Plan Policy
1.15  Decisions on planning applications require to be made
in accordance with the development plan unless
material considerations indicate otherwise. The local
development plans of each Councilinclude policies
to protect and enhance the historic environment and
archaeology. National planning policy on the historic
environment is also a material consideration for
applications.
Antonine Wall Policy 1
There will be a presumption against development which would have an adverse impact on the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site as defined
on the Proposals Map.
Antonine Wall Policy 2
There will be a presumption against development within the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site buffer zones which would have an adverse
impact on the Site and its setting, unless:
w Mitigating action to the satisfaction of the Council in consultation with Historic Environment Scotland can be taken to redress the adverse impact; and
w   There is no conflict with other Local Development Plan policies.
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1. Introduction
1.16  Each of the five Councils along the Antonine Wall has
also agreed to include the specific planning policies
on the Antonine Wall and its buffer zone in their
development plans as they are revised and updated.
This document provides additional guidance and
information on the implementation of these policies in
the development management process.
1.17  In addition to protection under planning legalisation,
about two-thirds of the Wall which has remained
unaffected by modern development, is scheduled as
a monument of national importance under the Ancient
Monuments and Archaeological Areas Act 1979. Most
works carried out within the boundaries of the monu-
ment require Scheduled Monument Consent (SMC):
the prior written consent of Historic Environment
Scotland. SMC is separate from planning consent
and one can be given without prejudice to the other.
Section 2.5 provides more information.
Key Points
•  This document provides advice for decision makers, developers and members of the public on managing the
impact of development on the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site and its setting;
•  The SG is a material consideration in the assessment and determination of planning applications affecting the 
Antonine Wall and its setting, and will be adopted as statutory Supplementary Guidance which forms part of the 
Local Development Plan;
•  The Antonine Wall is of international significance. As a World Heritage Site its outstanding universal value, 
authenticity and integrity must be protected;
•  There is a presumption against development which would have an adverse impact on the Antonine Wall 
and its setting.
Kinneil Fortlet, Bo’ness  © Crown Copyright: Historic Environment Scotland
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2. Application Process
Introduction
2.1  This section provides guidance on key stages in the
process of applying for planning permission where a
proposed development may have an impact on the
FRE(AW)WHS or its setting. It also identifies where
other permissions or assessments may be required,
for example scheduled monument consent from
Historic Environment Scotland.
Site Audit
2.2  Developers considering proposals within the WHS
and Buffer Zone should look carefully at their site
to determine whether the development proposed is
likely to have an impact on the fabric or setting of the
Antonine Wall. Table 2.1 below outlines some of the
key information that will influence whether proposals
have an adverse impact, and should be discussed
with the Council at the pre-application stage. Adverse
impacts are examined further in Chapter 3.
2.3  It is emphasised that the general principle of new
development at any specific location may be deemed
unacceptable because of other policies in the 
development plan. For example green belt, open
space and countryside protection policies may rule
out the principle of particular types of development or
land use.
Factor Key Questions
Location Is the site in:
• World Heritage Site
• Buffer Zone
• Other Designated Area
• Scheduled Monument
Site Characteristics and Setting Is the site:
• Greenfield
• Previously developed
What are the key landscape characteristics:
• Topography
• Tree cover
• Enclosed or open
What is the landscape character of the site and its setting?
What is the cultural significance and historic importance of the existing site
characteristics and setting?
How will the proposal impact on views to/from the Antonine Wall?
Will the proposal affect existing public access to the World Heritage Site?
Will the proposal have a direct impact on the remains of the Antonine Wall
and associated archaeological features?
Development Characteristics • Size/Footprint
• Proposed Use
• Building Design and materials/scale/height/form/massing
• Landscaping Proposals including Boundary Treatment
Development Plan Policies What other planning policies and designations apply to the site?
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2. Application Process
Pre-Application Discussions
2.4  Developers will be expected, as early as possible, to
engage with the Council in pre-application discussions.
Contact details for each local authority are provided in
Appendix 3.
2.5  Early, positive and meaningful engagement will allow
unacceptable proposals to be identified before 
significant costs are incurred and allow other projects
to move forward more efficiently. Using Table 2.1
above as a basis, along with any available plans,
drawings, photographs or photomontages and
documentation, developers should aim to provide the
Council with as much information as possible relating
to the proposed development and the site.
2.6  With suitable information the Council will be able
to make a preliminary assessment of the proposal,
considering relevant development plan policies and
the potential for adverse impacts on the WHS and 
its setting. Discussions may also cover : 
¤  Any additional information required, for example
detailed archaeological investigations, landscape
assessments etc.;
¤  Where a proposal might be amended to allow
more favourable consideration (see Section 4);
¤  The Council’s procedure for processing 
applications, including key contacts and 
application fees (including any advertisement
charges);
¤  Where wider consultation is required with 
specialist archaeological services, statutory 
organisations and other interest groups. This 
may also involve statutory Pre-Application
Consultation;
¤  Advice on other relevant statutory processes,
e.g. Listed Building/Conservation Area Consents,
Scheduled Monument Consent.
2.7  In many circumstances, only full applications for
Planning Permission will be acceptable for sites within
the WHS and Buffer Zone. Applications for Planning
Permission in Principle often cannot provide sufficient
information to enable detailed assessment of impacts
on the WHS or its setting. Where Planning Permission
in Principle is sought, the reasons for this should be
discussed with the Council at this pre-application
stage.
2.8  All discussions and pre-application advice is given
without prejudice to the final decision of the Council on
any application that may be submitted.
Environmental Impact Assessment
2.9  Certain types of developments may require 
Environmental Impact Assessment (EIA) under the
The Town and Country Planning (Environmental
Impact Assessment) (Scotland) Regulations 2017.
Schedule 1 and 2 of the Regulations set out the types
of development to which this applies. This can be
discussed during pre-application discussions and
further information is provided at Section 3.9
Scheduled Monument Consent
2.10  Any works directly affecting a designated Scheduled
Monument requires Scheduled Monument Consent
(SMC) which is obtained from Historic Environment
Scotland. SMC is required for any works or operations
that would ‘ demolish, destroy, remove, repair, alter or
add to’ those parts of the FRE(AW)WHS designated 
a scheduled monument. This includes invasive
archaeological investigations. Applications for SMC
are made directly to Historic Environment Scotland.
2.11   Advice on the SMC process and requirements should
be sought at an early stage from the Heritage 
Directorate, Historic Environment Scotland. As in the
case of planning applications, early pre-application
contact, this time with Historic Environment Scotland,
is strongly advised. To streamline the process advice
on applications for planning permission and SMC
should be sought at the same time. Where both 
planning permission and SMC are required, 
development cannot proceed without both consents in
place. The annex to PAN 2/1011 provides a flowchart
outlining the consideration of archaeology in planning
decisions and will be applicable to applications
affecting the Antonine Wall regardless of the need for
SMC.
2.12  The presumption of scheduling is that any future
works will be the minimum necessary consistent
with the preservation of the monument. The Historic 
Environment Scotland website and the HEPS includes
further information on scheduling and SMC and can be
used to identify the location of scheduled monuments:
see Appendix 3.
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2. Application Process
Permitted Development & Other Consents
2.13  Development that does not require planning 
permission, for example householder development
within urban areas - where the Wall is known to have
survived under the modern-day ground surface - has
the potential to have adverse impacts without any
assessment or appropriate mitigation. Developers and
property owners are strongly urged to seek advice
from the Council before undertaking any works within
the WHS or Buffer Zone to determine whether their
proposal is covered by permitted development rights
and to discuss potential impacts.
2.14  SMC will still be required for permitted development
that does fall within the boundaries of the scheduled
monument.
2.15  It is the responsibility of the developer to ensure all
necessary consents, including Building Warrants,
Conservation Area Consent and Listed Building
Consent, are obtained.
Key Points
•  Understand your development site: what are the potential impacts of the proposal on the WHS and its setting?
•  Developers are expected to engage with the Council as early as possible;
•  Unconnected to the need for planning permission, Scheduled Monument Consent is required for works to any
part of the FRE (AW) WHS designated a scheduled monument.
Croy Hill looking across to Bar Hill  © Crown Copyright: Historic Environment Scotland
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3. Assessing the Impact of Development
Introduction
3.1  This section of the SG provides information on the
Council’s approach to assessing the potential impacts
of development on the Antonine Wall WHS and its
setting, including the criteria that will be used.
3.2  Development must not compromise the Outstanding
Universal Value for which the Antonine Wall was 
inscribed as a WHS. The key consideration in
assessing the impact of development - as outlined
in the development plan - is the presumption against
development which would have an adverse impact
on the Antonine Wall and its setting; that is any
impact that would damage the integrity, authenticity,
significance or understanding of the WHS. Examples
of what could be considered adverse include 
development that:
¤  Destroys or would lead to the damage of 
archaeological remains;
¤  Interrupts key views to, from, or within the WHS;
¤  Changes the character of the landscape in and
around the WHS;
¤  Reduces people’s appreciation or understanding
of the WHS in its landscape setting;
¤  Could negatively affect any of the qualities or
significance for which the WHS was inscribed.
3.3   Impacts may be physical: upon the fabric of the
monument; on the setting of the wall: development
that harms the character of the landscape around
the WHS; or cumulative: development that has the
potential to add to the existing negative effects of
past or current developments thereby creating further
and possibly greater adverse effects. This section
considers each category of impact in turn and other
factors that will be considered in assessing the impact
of development.
Physical Impacts
3.4  Within the FRE(AW)WHS new development of any
scale is likely to have a physical effect on the fabric of
the monument and could result in loss of or damage to 
significant archaeological remains. Such impacts
intrinsically affect the integrity of the site - one of the 
reasons for which it was inscribed as a WHS. 
Therefore any physical impact on the surviving fabric 
of the WHS - whether upstanding or below ground, 
- will be considered to be adverse.
3.5  Where sections of the WHS have previously been
developed the fabric of the Antonine Wall may have
already been compromised. In these areas the key
consideration in determining if a proposal would have
an adverse physical impact will be whether the new
development will result in additional loss or damage to
archaeological remains. As an initial guide, the current
depth of development on a site sets a sub-ground
limit - known as the Vertical Buffer Zone - below
which no excavation should take place (see Figure
3.1). The vertical buffer zone may include complex
archaeological deposits, with features relating to other
periods of history, and site investigations to determine
the vertical buffer zone may themselves have adverse
impacts.Carefully located and designed proposals on
previously developed sites that do not extend below
the vertical buffer zone may, therefore, be acceptable
in certain circumstances, provided they do not conflict
with other planning policies Pre-application advice
should be sought to scope out potential archaeological
impacts of any proposal, particularly those impacts
which may extend beyond the WHS and its associated
features.
3.6  Development should avoid areas of surviving 
archaeological remains.  Avoiding the World Heritage
Site and, in particular areas which are scheduled
will be the best approach. Even in areas which have
already been developed, the presence, location, depth
and sensitivity of deposits cannot always be predicted. 
In many instances it may be appropriate to carry out
an archaeological evaluation to help determine where
Roman deposits lie ahead of making a planning
application. This may help to design proposals which
avoid areas of archaeological deposits. For smaller
developments where surviving Roman deposits are
assessed as being improbable, an archaeological 
watching brief and mitigation strategy may be more
appropriate - this should be discussed with the local
authority and Historic Environment Scotland at an
early stage. Moving development outwith the WHS 
will not automatically avoid physical impact. Although
not covered by the WHS, impacts upon archaeological
deposits from other periods will not always be 
acceptable and should also be considered as part of
the development planning process.
3.7  Proposals should also consider potential long term
impacts arising from development, for example
through compression and hydrological impacts.
3.8   To properly inform the design and assessment 
process (including pre application discussions) it is
essential that any new development site overlying
the boundaries of the WHS is, at the outset and at
the developer’s expense, the subject of a detailed
archaeological investigation undertaken by a suitably
qualified professional. The Chartered Institute for
Archaeologist’ list of Registered Organisations a good
starting point for selecting a consultant.
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3. Assessing the Impact of Development
Figure 1: Vertical Buffer Zone
Physical Impact within the Buffer Zone
3.9  There may be sub-surface archaeological deposits 
within or outwith the defined buffer zone, outwith the
line of the World Heritage Site, or Scheduled areas.
This is because the exact line of the Wall is not clear,
and new elements may be discovered during site
works. Where known archaeological  remains are
present, investigation will be required in conjunction
with new development. Where previously unknown
archaeological deposits are identified during site
works the Council should be informed immediately and
further archaeological investigations may be required.
Key Points
•  Any physical impact on the surviving fabric of the WHS - whether upstanding or below ground -known or previously
unrecognised - will not be permitted. This refers to both Scheduled Monument and unscheduled sections of the WHS;
•  Proposals on previously developed sites that do not extend below the vertical buffer zone may be acceptable in
certain circumstances;
•  Detailed archaeological investigations will be required to accompany any proposals for development within the
boundaries of the WHS;
•  Where the extent or presence of archaeological remains is unclear, pre-determination evaluation will be required.
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3. Assessing the Impact of Development
Impacts on Setting
3.10  The Antonine Wall was not constructed in isolation.
It was deliberately positioned with reference to the
surrounding topography, resources and landscape
of central Scotland, notably the southern edge of the
valley formed by the Rivers Kelvin and Carron - a
position that offered the Wall wide-ranging views over
the Kilsyth Hills, the Campsie Fells, and Kilpatrick
Hills and meant that it too was widely visible in the
landscape. The setting of the FRE(AW)WHS is
predominately well preserved and readily perceptible
and it is this relationship with the landscape that
is a fundamental part of what makes the WHS so
significant and contributes to how it is experienced,
understood and appreciated: its outstanding universal
value which must be protected.
3.11  The Buffer Zone has been defined to ensure that all
proposals for development within it are considered
carefully as they may have the potential to affect
the WHS; the adjacent environment that it is part of,
and which contributes to the character, significance
and understanding of the Wall. The capacity for new
development in the Buffer Zone varies significantly
along the length of the WHS and while the Council
does not seek to prevent change to the landscape
within the Buffer Zone, it is considered essential
that new development is effectively accommodated
within the landscape and is designed and located to
conserve and enhance the setting of the WHS. This
also applies to developments out with the Buffer Zone
that may have an impact by virtue of their scale or
visual relationship with the Antonine Wall.
Development in the Buffer Zone
3.12  Antonine Wall Policy 2 presumes against development
within the buffer zone which would have an adverse
impact on the WHS and its setting, unless mitigating
action to the satisfaction of the Council in consultation
with Historic  Environment Scotland can be taken to
redress the adverse impact. Section 4 covers potential
mitigation action, however, it should be noted that in
many instances it will not be possible to mitigate the
adverse impact of a proposed development upon the
AW(FRE)WHS. Adverse impacts will be defined as
those which could affect the following criteria:
a). The authenticity and integrity of the setting, e.g.:
¤  Changes to the prominence/dominance of the
WHS in the landscape;
¤  Obstruction of views to and from the WHS;
¤  Changes in the overall preservation of the
landscape setting.
b). The significance of the setting, e.g:
¤  How the function and meaning of the WHS 
relates to the landscape;
¤  How the WHS is understood and can be 
appreciated in the landscape;
¤  Relationships between components of the WHS
and related sites.
c).  The character of the landscape in which the WHS
sits, including the contribution the WHS makes to
wider landscape character; and
d).  The quality of the wider landscape.
3.13  Additional information on the Buffer Zone; how it was
defined and its key characteristics can be found in
the Nomination Document and the report ‘Definitions
of Buffer Zones to the World Heritage Site’. Historic
Environment  Scotland has also produced advice on
Managing Change in the Historic Environment (see
Appendix 3). These documents will be a material
consideration in the determination of proposals and
their possible impacts.
© Crown Copyright: Historic Environment Scotland
Rough Castle 1959 Excavations - A cross section
showing the stacked turves that make up the Wall.
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3. Assessing the Impact of Development
Development affecting the wider 
landscape setting of the World Heritage
Site
3.14   In addition to the defined Buffer Zone it may be 
necessary to consider potential impacts of new
development outside the Buffer Zone on longer
distance views to and from significant landscape
features - notably the upland edge of the Campsie
Fells and Kilpatrick Hills - which play an important part
in the appreciation and significance of the WHS. Most
development beyond the Buffer Zone will not have an
adverse effect on the setting of the WHS or its setting,
however, major development in particular has the
potential to detract from or damage longer distance
views to and from the Site. The criteria for judging
whether impacts on wider setting can be considered
‘adverse’ are broadly the same as those outlined
above.
3.15   Within built up areas, parts of the WHS, particularly
the scheduled monument, may also have a setting
which will require to be determined on a site by site
basis.
Key Points
•  There will be a presumption against development within the Buffer Zone which would have an adverse impact on
the WHS and its setting;
•  The Criteria set out in paragraph 3.12 will be applied in the assessment of what is an adverse impact on the
setting of the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site.
Surviving remains during excavation at Balmuildy  © Crown Copyright: Historic Environment Scotland
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3. Assessing the Impact of Development
Cumulative Impacts
3.16  New development will be assessed on its own
merits. However, there are potential instances
where development impacts, acceptable in isolation,
combine to create adverse cumulative impacts on
the WHS. These may be physical - where a series
of developments have resulted in significant losses
of archaeological material, or affect the setting of
the WHS - where a sequence of new developments
erodes visual connections with the landscape.
Councils will therefore consider the potential for new
development to create, add to or set a precedent for
adverse cumulative impacts. Such consideration will
include:
¤  What developments or types of development, in
the vicinity of the proposed site have adversely
affected the integrity of the WHS in the past?
¤  What ongoing activities, developments or natural
processes are affecting its physical condition and
survival, and the integrity of its setting?
¤  What other developments are proposed in the
short- to medium-term that are likely to contribute
to adverse effects on the WHS?
¤  Whether the impact of the proposed development
is likely to contribute to cumulative effects 
generated by the above?
Adding Value
3.17  Where development would not have an adverse
impact on the Antonine Wall and its setting, proposals
should seek to make a positive contribution to the
conservation, management and understanding of the
WHS and its setting. Sympathetic, high-quality design
of development can have the potential to add value
by enhancing the character of the WHS and its setting; 
promoting improved access, (including by public 
transport), to, and interpretation of the site; and   
contributing to a wider appreciation and understanding 
of the WHS in its landscape context. Opportunities 
should be identified early in the planning process.
Pre-application discussions with the Council and the
archaeology service will assist in drawing out suitable
ideas which can be implemented through the 
development process.
Other Planning Policies and Assessments
3.18  In addition to the impact of proposed development
upon the WHS and its setting, applications for
planning permission will also be considered against
relevant policies in the Council’s development plan,
other supplementary guidance and the national policy
framework. Details can be viewed online or can be
seen, and discussed, at the appropriate Council
offices.
Environmental Impact Assessment
3.19   Schedules 1 and 2 of the Town and Country Planning
(EIA) (Scotland) Regulations 2017 set out the types
of development likely to have significant impacts on
the environment and which are required to undergo
Environmental Impact Assessment. Both scheduled
monuments and World Heritage Sites are defined
as ‘sensitive areas’ under the Regulations. Where
any proposed Schedule 2 development falls within a
scheduled monuments or WHS and is likely to have
‘significant environmental effects,’ an Environmental
Impact Assessment is required (Schedule 1 
development always requires EIA). This includes
any type of development that would ordinarily have
permitted development rights, but is located within 
the sensitive area/is above the thresholds set out in
the Regulations.
http://www.legislation.gov.uk/ssi/2017/102/contents/made
3.20   EIA development that falls within the Scheduled Area
will also require Scheduled Monument Consent.
Planning Circular 1/2017 provides further information
on the EIA Regulations.
http://www.gov.scot/Publications/2017/05/6292
Key Points
•  The Council may advise developers to demonstrate they have given due consideration to the cumulative impact
of their development on the Antonine Wall and its setting.
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4. Design And Mitigating Impacts
Introduction
4.1   The purpose of this section is to outline the general
design principles for new development within the 
WHS and Buffer Zone.
4.2   A core principle of the modernised planning system is
the focus on the quality of outcomes, taking account
of the sustainable use of land, good design and the
protection and enhancement of the built and natural
environment. The international significance of the
Antonine Wall means good quality design will be vital
for any development on or near the WHS, including
within the Buffer Zone and fundamental to the 
avoidance of any adverse impact.
Bridgeness Slab Replica  © Crown Copyright: Historic Environment Scotland
Design Criteria
4.3   In the first instance, there is a presumption against
development which would have an adverse impact
on the Frontiers of the Roman Empire (Antonine
Wall) World Heritage Site and its setting. Key to the
avoidance and minimisation of adverse impacts on the
WHS will be good design which takes account of the
following principles:
Careful site selection:
¤  Site selection should seek to avoid the WHS, in
particular those areas which are scheduled;
¤  Site selection within the Buffer Zone should avoid
the most sensitive areas and avoid obstructing
views to/from, and limiting existing access to the
WHS; 
¤  Prioritise previously developed sites, taking  
account of the ‘vertical buffer zone’ and allowing,
where possible, development to fit within 
existing settlement patterns.
Well considered development layout:
Proposed development should seek to maximise the
benefit of existing site features, especially topography
and vegetation, to eliminate adverse visual impacts.
Appropriate building design:
The characteristics of the site, landscape and local
building styles should inform the form, massing, height
and materials of new buildings, generating coherent,
high quality solutions.
High quality landscape design:
Landscaping - both hard and soft - should be as much
part of the development process as the architecture.
Well planned and executed design may enable
development to be accommodated by the site and
wider landscape and has the potential to reinforce
existing landscape features and character.Additional
landscaping can also impact on intervisibility between
different parts of the WHS and it’s setting. It is
therefore important that the location and specification
of new landscaping is considered in relation to impact
in the WHS and its setting.
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4. Design And Mitigating Impacts
Mitigation
4.4   Antonine Wall Policy 2 states there will be a 
presumption against development within the Buffer
Zone which would have an adverse impact on the
Site and its setting unless mitigating action to the
satisfaction of the Council, in consultation with Historic
Environment Scotland, can be taken to redress the
adverse impact. Mitigation measures potentially
reduce any identified impacts to an acceptable level. 
It is emphasised though that not all adverse impacts
can be successfully mitigated. Impacts on the WHS
and its setting should primarily be avoided through
positive siting and design decisions in preference to
the use of other mitigation measures.
4.5   Examples of mitigation may include landscaping
proposals which are designed to reflect and 
strengthen local landscape character and the visual
setting of the Antonine Wall. Mitigation measures
however should not in themselves potentially generate
adverse impacts.
4.6   Design matters and the potential for mitigation
measures should be discussed at the pre-application
stage, and appropriate reports submitted in support of
any application demonstrating that discussions have
been effectively incorporated in the finalised 
proposals. In the event that permission is granted
suitable conditions and, if necessary, planning
agreements will ensure the proper implementation of
agreed mitigation measures.
4.7   Conditions will be used to ensure that development
does not proceed before a programme for appropriate
mitigation has been identified,  or where archaeologi-
cal recording has taken place. Conditions will ensure
that safeguards are in place to protect important
features. When imposing conditions, planning officers
will consult with Historic Environment Scotland and/or
Council’s Archaeologists to ensure that the proposed
measures are proportionate, enforceable and effective
in conserving OUV. Examples of suitable conditions
might include landscaping  and/or protective buffer
zones around key in-situ sections of the wall.
Key Points
•  All development within the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site and Buffer Zone will
be expected to be of good design, demonstrating: careful site selection; well considered development layout;
appropriate building design and materials; high quality landscape design;
•  Mitigating action which redresses the adverse impact of development within the Buffer Zone may be acceptable
but must be discussed in consultation with - and be to the satisfaction of - the Council and Historic Environment
Scotland;
•  Mitigation of adverse impacts will not be possible in all instances.
Roughcastle Fort  © Falkirk Council
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4. Design And Mitigating Impacts
Enforcement
4.8  The unique trans-national nature of the Frontiers of 
the Roman Empire (Antonine Wall) World Heritage
Site means that damage to the Antonine Wall could
affect the integrity and significance of the WHS as a
whole - with international implications for Scotland.
4.9  The recognition of the WHS’s Outstanding Universal
Value, means the Antonine Wall requires the highest
level of statutory protection. Loss or damage to
upstanding archaeological remains  and those buried
beneath the ground will be treated as a particularly
serious breach of regulatory controls. Other impacts 
of unauthorised development will be judged against
the same guidance for new developments with respect
to the effect on the character, integrity or significance
of the World Heritage Site. Non-compliance with
planning conditions or agreements may also result in
significant adverse impacts.
4.10  Breaches of planning control will be investigated and 
if appropriate enforced by the Council, or in
consultation with Historic Environment Scotland. In
all cases it will be required that ongoing work cease
with immediate effect, to allow a proper assessment
of the impacts and prevent damage or loss once it
is established that there is or has been a breach. In
particular it may be considered appropriate to issue
a temporary stop notice requiring an immediate halt
to activity and allowing time for further enforcement
action to be put in place to protect the site or
archaeological remains. Full details of the enforcement
powers available to planning authorities are set out
in Planning Circular 10/2009: Planning Enforcement.
Remedying the breach will take account of particular
circumstances, but can include full site reinstatement.
Non-compliance with enforcement or stop notices can
also be prosecuted at the Sherriff Court.
4.8  Any person carrying out unauthorised works or
allowing unauthorised works to be carried out on a
Scheduled Monument without consent are guilty of
an offence. Works are defined as: anything resulting
in the demolition or destruction of a scheduled
monument; any works for the purpose of removing
or repairing a scheduled monument; or any flooding
or tipping operations. The Historic Environment
(Amendment)(Scotland) act 2014 introduced new
powers to enable Scottish Ministers to serve sched-
uled monument enforcement notices, complemented
by temporary stop notices where unauthorised works
are taking place on a scheduled monument. Further
information on this is available on Historic Environment
Scotland’s website:
https://www.historicenvironment.scot/advice-and-
support/applying-for-consents/scheduled-
monument-consent/compliance/
Key Points
•  The Council will seek to protect the Outstanding Universal Value of the World Heritage Site through a robust
approach to unauthorised development. The Statement of Outstanding Universal Value is located here:
http://www.antoninewall.org/world-heritage/nomination-and-inscription/souv
•  ICOMOS have prepared guidance on the process of commissioning Heritage Impact Assessments (HIAs) for 
World Heritage (WH)
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Appendix 1 : Statement of Outstanding Universal Values
The Statement of Outstanding Universal Value for the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site
as contained in the decision notice of the World Heritage Committee outlines the exceptional cultural significance of the
Antonine Wall:
“The Antonine Wall fully illustrates the effort of building the Limes on the frontiers of the Roman Empire, at the time of its
apogee and greatest extension in the British Isles and worldwide (middle of the 2nd century AD). It embodies a high degree
of expertise in the technical mastery of earthen defensive constructions, in the construction of a strategic system of forts and
camps, and in the general military organisation of the Limes. The Antonine Wall also demonstrates the diffusion of the
military and civil engineering of the Roman civilisation to the whole of Europe and the Mediterranean world.”
The Antonine Wall meets three of the selection criteria for inscription as a World Heritage Site, (ii), (iii) and (iv):
(ii)  The Antonine Wall is one of the significant elements of the Roman Limes present in Europe, The Middle East and North
Africa. It exhibits important interchanges of human and cultural values at the time of the apogee of the Roman Empire;
(iii)  The Antonine Wall bears testimony to the maximum extension of the Roman Empire, by the consolidation of its frontiers
in the north of the British Isles, in the middle of the 2nd Century AD. The property illustrates the Roman Empire’s ambition
to dominate the world in order to establish its law and way of life there in a long-term perspective;
(iv)  The Antonine Wall is an outstanding example of the technological development of Roman military architecture and
frontier defence.
Bar Hill - Aerial view looking to Campsies  © Crown Copyright: Historic Environment Scotland
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Appendix 2 : Summary of Key Points
Key Points
•  The Antonine Wall is of international significance. As a World Heritage Site (WHS) its outstanding universal value,
authenticity and integrity must be protected.
•  There is a presumption against development which would have an adverse impact on the Antonine Wall and its
setting.
•  Developers are expected to engage with the Council as early as possible.
•  Any physical impact on the surviving fabric of the WHS - whether upstanding or below ground, known or previously
unrecognised - will only be permitted in exceptional circumstances.
•  All development within the WHS and Buffer Zone will be expected to be of good design, demonstrating: 
a) careful site selection;
b) well considered development layout;
c) sympathetic, high-quality building building and landscape design and materials.
•  Mitigating action which redresses the adverse impact of development within the Buffer Zone may be acceptable
but must be discussed in consultation with - and be to the satisfaction of - the Council and Historic Environment
Scotland.
•  The Council and Historic Environment Scotland will seek to protect the Outstanding Universal Value of the WHS
through a robust approach to unauthorised development.
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Appendix 3 : Glossary
Antonine Wall: The Roman Empire frontier system running across central Scotland from the Firth of Forth to the Clyde
Estuary, constructed c AD 142 on the orders of the Emperor Antoninus Pius. Inscribed as part of the Frontiers of the
Roman Empire World Heritage Site in July 2008.
Authenticity: Depending on the type of cultural heritage, and its cultural context, properties may be understood to meet the
conditions of authenticity if their cultural values (as recognised in the nomination criteria proposed) are truthfully and
credibly expressed through a variety of attributes including: form and design; materials and substance; use and function;
traditions, techniques and management systems; location and setting; language, and other forms of intangible heritage;
spirit and feeling; and other internal and external factors.
Buffer Zone: For the purposes of effective protection of the nominated property, a buffer zone is an area surrounding the
nominated property which has complementary legal and/or customary restrictions placed on its use and development to give
an added layer of protection to the property. This should include the immediate setting of the nominated property, important
views and other areas or attributes that are functionally important as a support to the property and its protection. The area
constituting the buffer zone should be determined in each case through appropriate mechanisms.
Environmental Impact Assessment (EIA): Environmental Impact Assessment (EIA) is the process of assessing the likely
environmental impacts of a proposal and identifying options to minimise environmental damage.
Frontiers of the Roman Empire: World Heritage Site composed of three walls in different parts of Europe- Antonine Wall,
Hadrian’s Wall, German Limes forming part of the frontiers of the Roman Empire.
The Historic Environment Policy for Scotland: sets out how Historic Environment Scotland fulfils its regulatory and
advisory roles and how it expects others to interpret and implement Scottish Planning Policy. It is a material consideration 
in the Scottish planning system.
Integrity: Integrity is a measure of the wholeness and intactness of the natural and/or cultural heritage and its attributes.
Examining the conditions of integrity, therefore requires assessing the extent to which the property: includes all elements
necessary to express its Outstanding Universal Value; is of adequate size to ensure the complete representation of the
features and processes which convey the property’s significance; suffers from adverse effects of development and/or
neglect.
Scheduled Monument: A nationally significant monument, building or site included in the Schedule of Monuments 
maintained by Historic Environment Scotland.
Setting: The way the surroundings of a historic asset or place contribute to how it is understood, appreciated and 
experienced.
World Heritage Site: World Heritage Sites are cultural and/or natural sites considered to be of ‘Outstanding Universal
Value’, which have been inscribed on the World Heritage List by the World Heritage Committee.
Outstanding Universal Value: Outstanding Universal Value means cultural and/or natural significance which is so
exceptional as to transcend national boundaries and to be of common importance for present and future generations of all
humanity. As such, the permanent protection of this heritage is of the highest importance to the international community as a
whole. At the time of inscription of a property on the World Heritage List, the World Heritage Committee adopts a Statement
of Outstanding Universal Value which will be the key reference for the future effective protection and management of the
property.
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Appendix 4 : General Information, Development Plans and Useful Contacts
Antonine Wall World Heritage Site website: http://www.antoninewall.org/
Antonine Wall Management Plan: https://www.historicenvironment.scot/archives-and-research/publications/publication/?publicationId=f477ec1e-8366-4295-ac10-a5c900aab488
Antonine Wall nomination document: http://www.antoninewall.org/sites/default/files/Antonine%20Wall%20Nomination%20doc.pdf
Historic Environment Scotland: www.historicenvironment.scot
Data Services: https://portal.historicenvironment.scot/spatialdownloads
Scheduled monuments: https://www.historicenvironment.scot/advice-and-support/listing-scheduling-and-designations/scheduled-monuments/
Chartered Institute for Archaeologists (CIfA): http://www.archaeologists.net/
Historic Environment Scotland) Act 2014: http://www.legislation.gov.uk/asp/2011/3/pdfs/asp_20110003_en.pdf
Planning Advice Note (PAN) 2/2011: Planning and Archaeology: http://www.gov.scot/Publications/2011/08/04132003/0
Definitions of Buffer Zones to the World Heritage Site (Land Use Consultants report for Historic Environment Scotland, July 2006) - available on request
Managing Change in the Historic Environment (Historic Environment Scotland) World Heritage Sites:
https://www.historicenvironment.scot/archives-and-research/publications/publication/?publicationid=89d391d9-9be2-4267-919f-a678009ab9df
Managing Change in the Historic Environment (Historic Environment Scotland):
Setting: https://www.historicenvironment.scot/archives-and-research/publications/publication/?publicationId=80b7c0a0-584b-4625-b1fd-a60b009c2549
Scheduled Monument Consent: https://www.historicenvironment.scot/archives-and-research/publications/publication/?publicationId=515c06f2-d8b0-40f9-919f-a88000d44a5b
Development Plans
Falkirk Local Development Plan 2: http://www.falkirk.gov.uk/services/planning-building/planning-policy/
North Lanarkshire Local Development Plan: https://www.northlanarkshire.gov.uk/nextplan
East Dunbartonshire Local Plan 2: https://www.eastdunbarton.gov.uk/residents/planning-and-building-standards/planning-policy
Glasgow City Development Plan: https://www.glasgow.gov.uk/index.aspx?articleid=16184
West Dunbartonshire Local Development Plan: https://www.west-dunbarton.gov.uk/council/strategies-plans-and-policies/local-development-planning/
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Appendix 4 : General Information, Development Plans and Useful Contacts
East Dunbartonshire Council
Development Applications Team
Southbank House
1 Strathkelvin Place
Kirkintilloch 
G66 1XQ
Telephone: 0300 1234510
Email: planning@eastdunbarton.gov.uk
Falkirk Council
Planning & Environment 
Development Services
Abbotsford House
David’s Loan
Falkirk
FK2 7YZ
Telephone: 01324 504950
E-mail: planenv@falkirk.gov.uk
Glasgow City Council
Development and Regeneration Services
229 George Street
Glasgow
G1 1QU
Telephone: 0141 287 8555
Email: developmentplan@glasgow.gov.uk
North Lanarkshire Council
Strategy and Policy Team
Planning and Place
Ground Floor
Civic Centre
Windmillhill Street
Motherwell ML1 1AB
Telephone: 01236 632500
Email: localdevelopmentplan@northlan.gov.uk
West Dunbartonshire Council
Development Management Section
16 Church Street
Clydebank
G81 1TG
Telephone: 01389 738575
Email: buildingandplanning@west-dunbarton.gov.uk
Historic Environment Scotland - 
Planning, Consents & Advice
Longmore House
Salisbury Place
Edinburgh
EH9 1SH
Telephone: 0131 668 8716
Email: HMconsultations@hes.scot
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Appendix 5 - Map of The Antonine Wall and Council Areas
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Appendix 6 - Map of The Antonine Wall, Council Areas, Scheduled Areas and Buffer Zones
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Appendix 7 - The Antonine Wall - Then and Now
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