Agenda pack
North Lanarkshire Council · 2 March 2023
Back to Planning Committee — 2 March 2023 and its agenda
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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. Page 1 of 120
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AGENDA (1) Declarations of Interest in terms of the Ethical Standards in Public Life Etc. (Scotland) Act 2000 (2) Planning Applications Index (page 5 - 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) Page 3 of 120
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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 Page 5 of 120
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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 Page 6 of 120
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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. Page 7 of 120
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Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396. Planning Application: 22/00296/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) Page 8 of 120
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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; Page 9 of 120
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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 Page 10 of 120
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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. Page 11 of 120
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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. Page 12 of 120
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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 Page 13 of 120
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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 Page 14 of 120
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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. Page 15 of 120
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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 Page 16 of 120
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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. Page 17 of 120
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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 Page 18 of 120
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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 Page 19 of 120
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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. Page 20 of 120
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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 Page 21 of 120
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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 Page 22 of 120
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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. Page 23 of 120
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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 Page 24 of 120
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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 Page 25 of 120
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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 Page 26 of 120
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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 Page 27 of 120
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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. Page 28 of 120
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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. Page 29 of 120
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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 Page 31 of 120
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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 Page 33 of 120
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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. Page 34 of 120
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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. Page 35 of 120
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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 Page 36 of 120
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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 Page 37 of 120
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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. Page 38 of 120
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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 Page 39 of 120
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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 Page 40 of 120
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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. Page 41 of 120
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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 Page 42 of 120
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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 Page 43 of 120
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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 Page 44 of 120
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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 Page 45 of 120
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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. Page 46 of 120
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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. Page 47 of 120
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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) Page 48 of 120
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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 ☐ Page 49 of 120
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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. Page 50 of 120
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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 Page 51 of 120
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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 Page 52 of 120
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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. Page 53 of 120
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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. Page 54 of 120
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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. Page 55 of 120
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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. Page 56 of 120
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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? Page 57 of 120
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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? Page 58 of 120
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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. Page 59 of 120
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1 | P a g e North Lanarkshire Local Development Plan Policy CI 1 Affordable Housing Supplementary Planning Guidance February 2023 Page 60 of 120
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2 | P a g e 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 Page 61 of 120
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3 | P a g e 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 Page 62 of 120
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4 | P a g e • 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 Page 63 of 120
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5 | P a g e 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. Page 64 of 120
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6 | P a g e 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. Page 65 of 120
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7 | P a g e 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 Page 66 of 120
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8 | P a g e 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 Page 67 of 120
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9 | P a g e • 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. Page 68 of 120
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10 | P a g e 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. Page 69 of 120
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11 | P a g e 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. Page 70 of 120
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North Lanarkshire Council Draft Statutory Supplementary Guidance Note – SPG 15A Planning and Noise Page 71 of 120
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2 | P a g e 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 Page 72 of 120
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3 | P a g e 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 Page 73 of 120
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4 | P a g e 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) Page 74 of 120
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5 | P a g e 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 Page 75 of 120
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6 | P a g e 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. Page 76 of 120
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7 | P a g e 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 Page 77 of 120
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8 | P a g e 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 Page 78 of 120
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9 | P a g e 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 Page 79 of 120
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10 | P a g e 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:- Page 80 of 120
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11 | P a g e 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). Page 81 of 120
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12 | P a g e 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. Page 82 of 120
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13 | P a g e 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. Page 83 of 120
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14 | P a g e 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 Page 84 of 120
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15 | P a g e 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 Page 85 of 120
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16 | P a g e 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 Page 86 of 120
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17 | P a g e • 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. Page 87 of 120
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18 | P a g e 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 Page 88 of 120
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19 | P a g e 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 Page 89 of 120
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20 | P a g e 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 Page 90 of 120
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21 | P a g e 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. Page 91 of 120
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22 | P a g e 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/ Page 92 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites Supplementary Guidance July 2022 Page 93 of 120
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Aerial picture showing Roughcastle Fort in its setting. © Falkirk Council Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 Page 94 of 120
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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 Page 95 of 120
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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 01 Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 Page 96 of 120
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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. 02 Page 97 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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. 04 Page 99 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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 05 Page 100 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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? 06 Page 101 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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. 07 Page 102 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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 08 Page 103 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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. 09 Page 104 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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. 10 Page 105 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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. 11 Page 106 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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 12 Page 107 of 120
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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. Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 202213 Page 108 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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. 14 Page 109 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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 15 Page 110 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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) 16 Page 111 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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 a1-1 Page 112 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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. a2-1 Page 113 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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. a3-1 Page 114 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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/ a4-1 Page 115 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 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 a4-2 Page 116 of 120
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Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 Appendix 5 - Map of The Antonine Wall and Council Areas a5-1 Page 117 of 120
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Appendix 6 - Map of The Antonine Wall, Council Areas, Scheduled Areas and Buffer Zones Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022a6-1 Page 118 of 120
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Appendix 7 - The Antonine Wall - Then and Now a7-1Frontiers of the Roman Empire (Antonine Wall) World Heritage Sites July 2022 Page 119 of 120
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