Planning Applications Index

North Lanarkshire Council · 2 March 2023
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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

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APPLICATIONS FOR PLANNING COMMITTEE 
2nd March 2023 
Page
No
Application No  Applicant Development/Site Recommendation 
22/00296/MSC  Mr W.D.&R.T.
Hill
Construction of 401 Houses and ancillary
infrastructure: MSC application for
development at Wemysshill North in respect of
conditions 1, 3, 4, 5, 6, 7, 8, 9, 10, 18, 21 and
22 of permission ref: 20/01468/S42
(Residential Development & Associated Uses,
including Community Uses and Retail)
Wemysshill Farm
Castlehill Road
Overtown
ML2 0RU 
Grant

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

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Reproduced by
permission of the
Ordnance Survey on
behalf of HMSO. ©
Crown Copyright and
database right 2009.  All
rights reserved.
Ordnance Survey
Licence number
100023396.
Planning Application: 22/00296/MSC 
Name (of applicant): Mr W.D.&R.T. Hill
Site Address: Wemysshill Farm
Castlehill Road
Overtown
North Lanarkshire
ML2 0RU
Development: Construction of 401
Houses and ancillary infrastructure: MSC
application for development at
Wemysshill North in respect of
conditions 1, 3, 4, 5, 6, 7, 8, 9, 10, 18, 21
and 22 of permission ref: 20/01468/S42
(Residential Development & Associated
Uses, including Community Uses and
Retail)

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Proposed Conditions:-
1. Plans and particulars of the matters listed below shall be submitted for consideration by the Planning
Authority for each phase of the proposed development and no work shall begin on that phase until the
written approval of the planning authority has been given:
(a) details of the management and maintenance of all open space, landscaped and play areas identified
and shaded on Drawing Nos 598-01-01c and 598-01-01D; 598.01.11D, 598.01.12D; 598.01.13D;
598.01.14D; 598.01.15D; 598.01.16D; 598.01.17D; 598.01.18D; 598.01.19D; 598.01.20D;
598.01.21D; 598.01.50; 598.01.10E; 598.01.15E ; 598-01-10F ; 598-01-11E ; 598-01-12E; 598-01-
13E; 598-01-14E; 598-01-15E; 598-01-18E and; 598-01-50A.
(b) details of play equipment.
Reason: To ensure provision is made for the long-term management and maintenance of all open
space, landscaped and play areas.
2. Further details of fencing and boundary treatment between the residential units hereby approved in the
southeast corner of the development and adjoining housing in Trows Road (Nos. 1-43), Orchard Street
(Nos. 46 and 61) and Belmont Street (Nos 26-31), together with existing and proposed site levels and
cross sections, shall be submitted to the Planning Authority for approval before the development
commences.
Reason: To protect the amenities of neighbouring occupiers and prospective occupiers of the
development.
3. The area identified as Area D in the JWH Ross Mining Stability Investigation Report dated
27/08/13 as being at risk from shallow coal workings shall not be developed and fencing shall be
erected around the shaft areas shown on Drawing No. 598/01.51a dated January 2022 prior to the first
occupation of the development and shall be retained in situ and in good order for the lifetime of the
development.
Reason: To ensure all matters relating to coal mining risk are adequately addressed.
4. Windows of an upgraded acoustic specification of the indicative sound reduction performance as
shown in the far right-hand column of Table 1 Indicative Sound Reduction Performance, together
with ventilators of an acoustic specification providing not less than the equivalent indicative sound
reduction performance shall be provided within the living areas of each of the plots shown in Table 1.
5. An acoustic barrier of 2.25m height constructed in brick with minimum surface density of 10kg per square
metre shall be provided at the locations shown in Figures 4 and 5 of the Vibrock letter report dated 6th
May 2022 and referenced R22.11100/RK/Let3/2. Details of landscaping and planting to screen the
acoustic barrier, together with materials and elevations shall be submitted to the Planning Authority for
approval prior to the commencement of the development.
Reason: To protect the amenities of prospective occupiers of the development whilst ensuring that the
acoustic barriers are of a satisfactory standard of external appearance and do not detract from the
development.
6. A validation report to demonstrate that the noise mitigation measures, detailed in Condition 4 and 5
above, have been implemented within the development shall be submitted to the Planning Authority
prior to the first occupancy of the dwelling houses. This shall be signed off by a suitable qualified noise
specialist.
Reason: To protect the amenities of prospective occupiers of the development.
7. No development shall take place on open space and landscaped areas shaded on Drawing Nos.
598-01-01c and 598-01-01D; 598.01.11D, 598.01.12D; 598.01.13D; 598.01.14D; 598.01.15D;
598.01.16D; 598.01.17D; 598.01.18D; 598.01.19D; 598.01.20D; 598.01.21D; 598.01.50; 598.01.10E;

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598.01.15E ; 598-01-10F ; 598-01-11E ; 598-01-12E; 598-01-13E; 598-01-14E; 598-01-15E; 598-01-
18E and; 598-01-50A.
For the avoidance of doubt, this shall include all green verges, green corridors and green spaces
within the development footprint and all areas outside the development footprint annotated on
Landscape Strategy Drawing Nos 598-01-01c and 598-01-01D as open space, parkland, linear park,
maintained grass, natural grassland, wetland meadow, woodland, green routes, grass verges, buffer
zone, hedgerow, proposed trees and paths. These areas shall be retained permanently for the
purpose of providing informal recreation, biodiversity and/or visual amenity and for no other
purpose.
Reason: To protect the nature conservation interests of the SINC and LNR and to protect the setting of
the development and surrounding landscape character.
8. No development shall take place until the applicant has secured the implementation of a staged
programme of archaeological work in accordance with a written scheme of investigation which has been
submitted to, and agreed in writing by, the planning authority.
Reason: To enable the planning authority to consider these aspects in detail.
9. Before works of any description within any phase of development begin, unless otherwise agreed in
writing with the Planning Authority, a comprehensive site investigation report for that phase of
development shall be submitted to and approved in writing by the Planning Authority. The investigation
must be carried out in accordance with current best practice advice, such as BS 10175: 'The
Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site-specific risk
assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of
the investigation, a detailed remediation strategy may be required and the remediation strategy if
required shall be submitted sequentially for each individual phase of development for approval by the
Planning Authority
Reason: To establish whether site decontamination is required in the interests of the amenity and
wellbeing of future users of the site.
10. Any remediation works identified by the relevant site investigation required by Condition 9, shall be
carried out to the written satisfaction of the Planning Authority. Before each phase of the development
is brought into use, a validation report (signed by a suitable qualified specialist in such matters) shall be
submitted to the Planning Authority confirming that any remediation works required by relevant site
investigation have been carried out in accordance with the terms of the remediation strategy for each
phase of the development.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of
future users of the site.
11. Notwithstanding the terms of condition 10 above a final validation report (signed by a suitable qualified
specialist in such matters) including all the validation reports approved for all the phases of the
development shall be submitted to the planning authority confirming that all remediation works submitted
and approved under the terms of condition 10 above have been completed.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of
future users of the site.
12. Prior to works of any description being commenced on each phase of development, unless otherwise
agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme
for that phase shall be submitted to, and approved in writing by the Planning Authority. For the
avoidance of doubt the drainage scheme must comply with the principles of Sustainable Urban Drainage
Systems (SUDS) in terms of the relevant CIRIA Manual and other advice published by the Scottish
Environment Protection Agency (SEPA).
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent
watercourses and groundwater, and in the interests of the amenity and wellbeing of existing and future

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users adjacent to and within the development site respectively.
13. The SUDS-compliant surface water drainage scheme approved in terms of Condition 12 above shall be
implemented contemporaneously with the development in so far as is reasonably practical. Within three
months of construction of the SUDS, a certificate (signed by a chartered civil engineer) shall be
submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with
the relevant CIRIA Manual and the approved plans.
Reason: To safeguard any adjacent watercourses and groundwater from pollution and in the interests
of the amenity and wellbeing of existing and future users.
14. Before any works start on site for any phase of development, the developer must confirm in writing to
the Planning Authority that the foul drainage can be connected to the public sewer in accordance with
the requirements of Scottish Water for that phase. The surface water must be treated in accordance
with the principles of the Sustainable Urban Drainage Systems Manual for Scotland and Northern Ireland
published by CIRIA in March 2000.
Reason: To prevent groundwater or surface water contamination in the interests of environmental and
amenity protection.
15. No trees within the application site shall be lopped, topped or felled and no hedges shall be removed
from the application site, without the prior approval in writing of the planning authority.
Reason: In the interests of the conservation value of the site and the visual amenity of the site and the
adjacent residents.
16. If the development has not commenced on site within one year of previous surveys, updated bat, badger
and breeding bird surveys shall be undertaken and submitted to the Planning Authority for approval in
writing. For the avoidance of doubt the bat surveys shall include all buildings within the site prior to their
demolition, and the badger survey shall include a protection plan for any badger setts that are identified.
Using a modified common bird census methodology, breeding bird surveys shall consist of:
• Three visits with each visit lasting between 3-4 hours;
• Territories to be mapped and transect routes shown (this is to show that the observer is able to get
within 50 metres of every part of the site);
• Proposed mitigation, including a timetable for those works.
Thereafter, once agreed, any required mitigation shall be implemented to the written satisfaction of the
planning authority.
Reason: To safeguard and protecting nature conservation interests.
17. The Habitat Management Plan and LNR/SINC Protection Plan hereby approved shall be
implemented in full and in perpetuity prior to the construction and demolition phases. For the
avoidance of doubt, the approved Plans shall incorporate all enhancement measures referred to in
the JDC Ecology Updated Ecology and LNR/SINC, Barn Owl, Badger and Bat Protection Plans
Version 6.1, dated November 2022.
Reason: To ensure that the measures outlined in the approved Habitat Management Plan are
carried out in accordance with the agreed scheme.
18. Notwithstanding the terms of condition 17 above the approved Habitat Management Plan shall make
provision for the formation of a Habitat Management Group (HMG) to monitor implementation of the
plan. The approved Habitat Management Plan as may be amended by the Habitat Management
Group shall be submitted to the Planning Authority for review every 12 months from this initial approval
unless agreed otherwise by the Planning Authority.
Reason: To ensure that the approved Habitat Management Plan is carried out in accordance with the
agreed scheme.

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19. Lighting design for both the construction and operational phases of the development shall be directed
into the construction area and away from the SINC/LNR. The developer shall refer to the publication:
Bats and Artificial Lighting in the UK, Bats and the Built Environment Series, Guidance Note 08/18 (Bat
Conservation Trust/Institute of Lighting Professionals) provides a guide for lighting selection.
Reason: To minimise the impact on bats and other species.
20. Construction method statements (CMSs) shall be submitted for each phase of the development and the
approved CMSs shall thereafter be adhered to for the duration of the works. The CMSs shall address
potential impacts of all construction works on the surrounding environment and local population, and
shall include a site construction environmental management plan and measures to control, and protect
where appropriate:
• Noise impact;
• Dust Impact;
• Light impact;
• Air quality;
• Odour;
• Construction traffic;
• Ecology, protected species and designated sites;
• Watercourses and ground water, and,
• Public access.
Reason: To safeguard the amenity of the local environment and nearby communities.
21. Any retail floor space provided within the site shall be restricted to convenience retailing only and shall
be of a scale that does not exceed the reasonable top-up convenience shopping requirements of
residents of the approved development.
Reason: To ensure that the type of retail development is appropriate to this out of centre location.
22. Each residential unit shall be provided with at least one electric vehicle charging point with a
minimum rating of 7kW unless otherwise agreed by the Planning Authority.
Reason: To facilitate the transition to ultra-low emission vehicles and minimise lifecycle greenhouse gas
emissions as far as possible in accordance with Climate mitigation and adaptation.
23. The development shall take place in accordance with the approved Phasing Strategy by Persimmon
entitled Wemysshill/Castlehill, Wishaw Version 2, submitted on 20th January 2023 associated phasing
plan (Drawing No. 2017-PL-013B) submitted on 10th November 2022 unless otherwise agreed in writing
by the Planning Authority.
Reason: To ensure adequate phasing of the development in the interests of proper planning of the site.

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Background Papers: 
Consultation Responses:
NLC Greenspace / Pardeep Chand received 28th June 2022 and 31st August 2022 
Archaeology Service received 19th April 2022 and 31 May 2022 
Environmental Health (including Pollution Control) received 6th April 2022 and 19th May 2022
The Coal Authority received 14th April 2022, 12th July 2022 and 17th October 2022  
Scottish Water received 11th May 2022 
Strategy & Policy Team received 21st April 2022 
Scottish Environment Protection Agency received 7th April 2022
Traffic & Transportation received 16th June and 25th November 2022 
Contact Information: 
Any person wishing to inspect these documents should contact Ann McGregor at 01236 632500 
Report Date: 
17th February, 2023

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APPLICATION NO. 22/00296/MSC
REPORT
1. Site Description
1.1 The current MSC application forms one of three conjoined applications submitted following approval of
planning permission in principle for 601 residential units at Castlehill/Wemysshill granted at appeal on
13th June 2018 under Planning Reference 15/01634/PPP (‘the Approved Masterplan’). A subsequent
application (Reference 20/01468/S42) was submitted under Section 42 of the Town and Country
Planning (Scotland) Act 1997 and approved by Committee on 28 January 2021. The current application
for 401 houses at Wemysshill, together with the application at Castlehill for 200 houses (Reference
22/00925/MSC) and application for road infrastructure works (22/00297/FUL) form the ‘Revised
Masterplan’.
1.2 The application site lies south of Gowkthrapple and west of Overtown and slopes downwards towards
the River Clyde, which is approximately 1 kilometre to the southwest. Wishaw Town Centre is
approximately 1 kilometre to the north. The site, extending to some 40.50 hectares, forms the larger
portion of housing allocation NLMW1179; a 69.4-hectare site designated for up to 601 residential units
in the North Lanarkshire Local Development Plan, adopted 6th July 2022.
1.3 The former agricultural use of the site has been abandoned in recent years and the site now consists of
unused open fields, scrub, woodland and derelict farm buildings associated with the former Wemysshill
Farm.
1.4 The northern boundary of the site is defined by the B754 Castlehill Road which provides a direct
connection between Wishaw and Overtown, passing through Gowkthrapple en-route. Castlehill Road
(north) is characterised by a mix of residential, community and educational uses, including, Clyde Valley
High School Campus. The southern edge, southwest and southeast flanks of the site are enclosed to
some degree by belts of woodland. Cambusnethan Woodland is situated to the southwest and borders
the adjoining application site (Reference 22/00925/MSC). The woodland is of semi-natural origin and is
a designated Local Nature Reserve (LNR) and Site of Importance for Nature Conservation (SINC) and
is protected by a Tree Preservation Order (TPO). One limb of the woodland is contained within the
boundary of the adjoining MSC application for 200 houses (Reference 22/00295/MSC). Beyond the
southern edge of the site, the landscape consists largely of open fields, scattered woodland, linear trees
along the edge of the River Clyde and occasional small holdings and farm buildings. A residential estate
lies immediately east of the site and features semi-detached and four-in-a-block properties, some of
which share a common boundary with the proposed residential plots in the southeast corner of the site.
An access road serving Cambusnethan Priory lies along the western boundary of the site and defines
the western boundary of the adjoining application site (Reference 22/00295/MSC).
1.5 Currently, there are two vehicular access points off Castlehill Road; the first runs northeast/ southwest
through the site and serves several dwellinghouses and rural businesses to the south of the site,
connecting the site to the A71 Horsely Brae Road to the east. The second access consists of a shorter
stretch of road which serves the now redundant Wemysshill Farm buildings. The farm buildings are
currently unoccupied and in a poor state of repair. There are also several field gate access points along
the northern, western and southern boundaries of the site. An existing access road leading from A71
Horsley Road to Castlehill Road is recognised as Core Path 331 in the Council’s Core Paths Plan.
2. Proposed Development
2.1 The current MSC application (Reference 22/00296/MSC) relates to a proposal for 401 residential units
located within proposed Zones C and Zone B of the site as shown on the submitted Development
Framework Drawing (20170) PL) 101A. The development consists of detached, semi-detached and
terraced two storey houses in a range of styles. The accommodation mix includes 60 x 2 bed units, 77
x 2 bed units plus study, 107 x 3 bed units and 157 x 4 bed units. A schedule of accommodation has
been submitted in support of the application and provides details of house typologies and accommodate
mix. Two in-curtilage car parking spaces will be provided for each of the 2 bed units and 3 in-curtilage
car parking spaces will be provided for each of the 3 and 4 bed units. A further 120 visitor car parking

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spaces will be provided within the site boundary. The application also proposes landscaping, tree
planting, play and amenity open space, including parkland to the northeast, and a linear park
incorporating a landscaped SuDs basin to the south.  The total provision of open space across the
Revised Masterplan site (22/00296/MSC and 22/00295/MSC) is approximately 47 hectares (436,005
sqm) of which 0.2 hectares (2105 sqm) will form dedicated active play space. A further area of 9.3
hectares (93305 sqm) will form communal open space area. 
2.2 The application seeks approval of matters specified in the following conditions attached to Planning
Reference 20/01468/S42: 
• Condition 1 (Siting, Design, Layout etc)
• Condition 3 (Details of Junctions, Formal and Informal Play, Footpath/Cycle links, and a Site-
wide Landscape Strategy)
• Condition 4 (Phasing)
• Condition 5 (Revised Transport Assessment)
• Condition 6 (Existing and Proposed Site Levels)
• Condition 7 (Updated Flood Risk and Drainage Assessment)
• Condition 8 (Updated Geo-environmental Desk Assessment)
• Condition 9 (Updated Noise Assessment)
• Condition 10 (Landscape Plan and Landscape Strategy)
• Condition 18 (Local Nature Reserve Protection Plan)
• Condition 21 (Updated Bat, Badger and Breeding Birds Survey) and 
• Condition 22 (Habitat Management Plan).   
2.3 Approval is also sought for the removal of Condition 25 (Retention of all existing buildings at Wemysshill
Farm) to enable demolition of the redundant farm buildings on site which have been subjected to
vandalism over the years and are now in a poor state of repair. 
2.4 Related applications (22/00295/MSC and 22/00297/FUL) were approved under delegated powers. 
Planning permission 22/00295/MSC for 200 residential units located within Zone B of the Approved
Masterplan site as shown on the submitted Development Framework Drawing (20170) PL) 101A, sought
the discharge of Conditions 1, 3, 4, 5, 6, 7, 8, 9, 10, 18, 21 and 22.  Planning Permission 22/00297/FUL
sought permission for road infrastructure works, including provision of two roundabouts off Castlehill
Road.   
3. Applicant’s Supporting Information 
3.1 The current MSC application is accompanied by the following supporting information: 
• Condition 1 - An updated Design and Access Statement and drawings showing: layout and
external appearance of all buildings; boundary fencing and walling; means of access to the site;
internal roads, footways, informal foot paths, cycle paths, hard and soft landscaping (including,
existing and proposed trees, shrubs and hedgerows); surface drainage including, SUDS; car
and cycle parking areas; existing and proposed site levels; details of play areas commensurate
with the scale of the proposed development; the design of all rear boundary walls and fences. 
• Conditions 3 and 10 - Landscape Strategy, details of the roundabouts and junctions on Castlehill
Road, Formal and Informal Play and Amenity Open Space Strategy. 
• Condition 4 - Phasing Plan for residential, retail, community, new roads and junctions, foot/cycle
path links and associated landscaping. 
• Condition 5 -Updated Transport Assessment, Transport Phasing Assessment, Technical Note
examining traffic flow data; Layout of proposed Castlehill Access Roundabouts; Overton Cross
proposed junction layout; Netherton Cross proposed junction layout; Travel Plan and; Castlehill
Road Bus Stop Measures. 
• Condition 7 - Supplementary Report to the Updated Flood Risk and Drainage Assessment.
• Condition 8 - Mining Stability Investigation dated August 2013, Supplementary Mining
Constraints Plan, Drainage Plan and Short Report by Wardell Armstrong dated 28 September
2022.

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• Condition 9 - Noise Impact Assessment dated 6 August 2021 and Noise Prediction Modelling
and Mitigation Plan to Reflect Amended Site Layout dated 6 May 2022
• Condition 11 - Archaeology Desk Based Assessment and Written Scheme of Investigation (May
2022).
• Conditions 1 (g) and (h) and Condition16 - SuDs Surface Water Drainage, Proposed Foul Water
Drainage and Existing Combined Sewer Plans.
• Condition 18 - Local Nature Reserve/ SINC Protection Plan; Barn Owl Protection Plan and;
Badger and Bat Protection Plan dated November 2022.
• Condition 21 - Updated habitat management plan for the Cambusnethan Woods SINC.
• Condition 25 - Photographic evidence of dilapidated Wemysshill farm buildings.
4. Site History
4.1 Planning permission in principle for residential development and associated uses, including community
uses and retail, was granted on appeal on 13th June 2018 under Planning Reference 15/01634/PPP.
4.2 This was followed by an application submitted under Section 42 of the Town and Country Planning
(Scotland) Act 1997 (Planning Reference 20/00784/S42) to amend the statutory timescales covering
the submission of additional reserved matters which was refused by Planning Committee on 15th
October 2020.
4.3 Planning Application 20/01468/S42 was submitted under Section 42 to amend condition 12 of Planning
Permission 15/01634/PPP (for Residential Development & Associated Uses, including Community Uses
and Retail in principle) to allow the submission of the site investigation report to be provided in phases.
This application was granted by Planning Committee on 28th January 2021.
4.4 A non-material variation to 20/01468/S42 to amend the development footprint of the Approved
Masterplan site (Reference 15/01634/PPP) was agreed by the Planning Authority on 18th December
2021. The proposed revision was deemed necessary on account of the discovery of a high-pressure
pipeline in the northwest corner of the site.
5. Development Plan
5.1 The original planning permissions (15/01634/PPP and 20/01468/S) were approved under The North
Lanarkshire Local Plan (2012), which has been superseded by The North Lanarkshire Local
Development Plan, Adopted 6th July 2022. The National Planning Framework 4 (NPF4) was approved
by the Scottish Parliament on 11th January 2023 and adopted on 13th February 2023 and now forms
part of the Council’s Development Plan. NPF4 prevails over any policies in the Development Plan that
are incompatible with its aims and objectives. The current Development Plan therefore consists of The
North Lanarkshire Local Development Plan, (Adopted 6th July 2022) and NPF4.
5.2 Policy PROM LOC3 Housing Development Sites commits the Council to maintain a minimum five-year
effective housing land supply at all times and to meet housing needs in accordance with the national
policy position. LDP policy PROM LOC3 is compatible with Policy 16 Quality Homes of NPF4.
5.3 Policy PROM LOC4 Special Landscape Areas and Green Network Improvements seeks to promote
understanding and awareness of the distinctive character and special qualities of designated Special
Landscape Areas (SLAs) and requires proposals affecting a SLA to satisfy the provisions of all EDQ
and PROT Policies in order that provision is made for a contribution towards the maintenance of the
Green Network. Policy PROM LOC4 is compatible with sub-section d) of Policy 4 Natural Places of
NPF4.
5.4 Policy PROM ID2 Utilities Improvements is relevant to the extent that it seeks to ensure that the special
qualities of all protected landscapes (including, SLAs) are not adversely impacted by development. The
SLA to which the current application relates is identified in Table 1 (Group 2) of the policy, as the Clyde
Valley Special Landscape Area; a natural heritage asset which is also safeguarded under Policy PROT

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A Natural Environment and Green Network Assets.   Policy PROM ID2 is compatible with sub-section
d) of Policy 4 Natural Places of NPF4. 
5.5 Policy PROT A Natural Environment and Green Network Assets seeks to ensure that proposals will only
be granted where it is demonstrated to the Council’s satisfaction that development will not adversely
affect natural heritage assets, including, Sites of Importance for Nature Conservation (SINCs) and Local
Nature Reserves (LNR), and/or that the impacts of the development can be mitigated through
environmental measures. Policy PROT A is compatible with sub-sections c) and d) of Policy 4 Natural
Places of NPF4. 
5.6 Policy PROM ID1 Transport Improvements provides that development will be assessed for its
contribution to modal shift in line with the sustainable modal hierarchy and current Strategies, in
accordance with the EDQ Policies of the Development Plan.  This policy accords with NPF4.Policy 13
Sustainable Transport and Policy 15 Local Living and 20 Minute Neighbourhoods. 
5.7 Policy AD3 Amount of Development and Policy PP3 Purpose of Place - the site is located within the
General Urban Area where Policy AD3 Amount of Development and Policy PP3 Purpose of Place apply.
For development within Class 9 (Houses), there is no requirement to justify ‘the amount of development’
under Policy AD3.  However, this matter is qualified with further clarity provided in Policy PP3 which
requires new development to maintain and improve the level of amenity in urban areas and be of a
quality that is in keeping with residential character. These matters will primarily be achieved through
application of the environmental and design quality policies contained in the Development Plan.  Whilst
the Local Development Plan does not apply rudimentary density standards to new housing development,
other Council standards must be adhered to; amongst these include the Council’s Open Space (garden
sizes) standards, Play Provision standards and Parking standards which are material to the
determination of the application.  Policies PP3 and AD3 of the Development Plan are in line with the
broad aims of objectives of tNPF4, namely Sustainable Places and Liveable Places and more
specifically, are compatible with the six qualities of successful places detailed in NPF4 Policy 14 Design,
Quality and Place and the criteria listed under NPF4 Policy 15 Local Living and 20 Minute
Neighbourhoods. 
5.8 Policy CI Contributions to Infrastructure - A Section 75 Agreement has been completed to secure (index
linked) contributions towards education in accordance with the requirements of the existing planning
permission and requirements of Policy CI.  No further contributions are sought.  LDP Policy CI is
compatible with subsection b) of NPF4 Policy 18 Infrastructure First. 
5.9  Policy EDQ 1 Site Appraisal - To ensure successful integration with landscape setting and the built
fabric, Policy EDQ 1 requires applications to be accompanied by an appraisal of development to
demonstrate that it is able to satisfy the design quality criteria of the policy.  EDQ1 is compatible with
the broad aims and objectives of NPF4 Policies 14 Design, Quality and Place and 15 Local Living and
20 Minute Neighbourhoods. 
5.10 Policy EDQ 2 Specific Features for Consideration requires that in areas subject to hazards (Hazardous
Zones) and/or other specific features (utilities infrastructure and management areas) in accordance with
plans and protocols of the relevant managing agencies, applications for development should be
accompanied by an assessment of how the identified constraints will be managed.  Where ground
stability (coal mining), or contamination appraisal identifies the need for any necessary mitigation
measures, including treatment or remediation, development will only be permitted where those
mitigation measures can be secured. This policy is in accordance with NPF4 Policy 9 Bownfield, Vacant
and Derelict Land and Empty Buildings. 
5.11 Policy EDQ 3 Quality of Development permits development where high standards of site  planning
and sustainable design are achieved.  Policy EDQ3 is also compatible with the broad aims and
objectives of Policy 14 Design, Quality and Place and Policy 15 Local Living and 20 Minute
Neighbourhoods of NPF4.

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5.12 Also, material to the determination of the application is:
• The Council’s ‘Developer’s Guide to Open Space’, which sets standards for minimum front and
rear garden depths and spatial standards for plots garden/building ratios;
• The Council’s Parking Standards and;
• The Council’s Open Space/Play Space Standards
5.13 In summary all LDP policies considered in the determination of the current application are
compatible with the broader policy aims and objectives of NPF4.
6. Consultations
6.1 NLC Archaeology – Condition 11 of the permission cannot be signed off until a programme of works
has been implemented in accordance with the submitted Written Scheme of Investigation. This
condition, replicated in this report as Condition 8, must remain in force
6.2 NLC Green Space – With regards to Condition 18, Local Nature Reserve Protection Plan, Greenspace
is satisfied with the details provided. Provision should also be made to create a habitat implementation
group in order to facilitate all the actions within the plan and annual reports should be submitted to the
Council on the progress and management within the plan. Any deviation from the plan should seek
permission from the Council. Greenspace has no objection to the discharge of Condition 21 (Updated
bat, badger and breeding bird surveys). However, a further condition is required to ensure that if the
development has not commenced on site within one year of previous surveys, updated survey work will
be required for these species and the survey work shall be submitted to the Planning Authority for
review; condition 19 of the extant permission should therefore be reworded and remain in force.
6.3 NLC Strategy and Policy – No objection
6.4 NLC Protective Services – No objection to the proposed development on grounds of noise impact
subject to conditions.
6.5 NLC Transportation – Subject to further detailed analysis during the Construction Consent stage, NLC
Transportation accepts the contents of the Street Engineering Review, the Castlehill Road roundabout
design amendments and Overtown Cross and Netherton junction improvements submitted in support of
the application.
6.6 The Coal Authority – The area identified in the JWH Ross report as being at risk from shallow coal
workings (Area D) will not be developed as part of this current application. This therefore negates the
need for any remedial works in this area. Potential departures of the mine entries have been taken into
account when calculating the fence lines for these features. Subject to the fencing being implemented
on site as proposed prior to the first occupation of the development and being retained in situ and in
good order for the lifetime of the development, The Coal Authority has no objection to the discharge of
Condition 8.
6.7 Scottish Water – No objection to the proposed development. However, the applicant should be aware
that this does not confirm that the proposed development can currently be serviced.
6.8 SEPA – Refer to Standing Advice.
7. Representations
7.1 Following advertisement in the local newspaper, standard neighbour notification and neighbour
renotification, the Planning Authority has received 11 letters of objection to the proposed development.
The objections are summarised below:
7.2 Green Belt Designation /Contrary to Local Plan and Structure Plan / Alternative Sites in Ravenscraig,
Newmains and Wishaw

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Response: Planning permission in principle for up to 601 houses on the site was granted on appeal on
13th June 2018. The Reporter’s decision, which is binding, established the principle of housing on the
site. During the Development Plan process and ‘Call for Sites’, all sites that were put forward for housing
including, sites in Ravenscraig, Newmains and Wishaw and the current application site, were thoroughly
examined and after a lengthy Development Plan examination process, in which all representations to
the draft plan were considered, these sites were allocated for housing in the draft Development Plan.
As part of the Development Plan process, the current application site was removed from Green Belt and
allocated for 601 residential units in the draft North Lanarkshire Local Development Plan on the strength
of evidence to demonstrate a significant shortfall in the Council’s housing land supply. Subsequently,
the Scottish Ministers confirmed in a letter dated 5 July 2022 that the Council could proceed to adopt
the North Lanarkshire Local Development Plan.
7.3 Loss of Amenity: Noise Impact
Response: Noise and disruption during construction will be regulated under the Control of Pollution Act
1974. Recommended construction working hours in residential areas are: 8am to 7pm Monday to Friday
and 8am to 1pm Saturday with no noisy operations on Sundays or public holidays. The Building
(Scotland) Regulations 2004 also contains provisions to limit sound transmission emanating from new
buildings once completed, to a level that will not threaten the health of occupants and/or adjoining
neighbours. The above measures will ensure noise levels are within acceptable standards.
7.4 Loss of Amenity: Overshadowing /Loss of Light/Loss of Privacy/Loss of View
Response: The proposed dwellings are sufficiently distanced from existing properties to prevent any
significant effects caused by overshadowing /loss of light and/or overlooking/ loss of privacy. Loss of
view is not a material planning consideration.
7.5 Loss of Amenity: Light Pollution
Response: A condition is attached to minimise artificial light and mitigate light pollution.
7.6 Loss of Amenity: Rights under Art 1 and Art 8 of ECHR
Response: The development can be implemented without detriment to the amenity of neighbouring
dwellings. The human rights of neighbouring occupiers will not therefore be affected by the
development.
7.7 Impact on School Capacity
Response: Developer contributions to help address the cumulative impacts of the development on
educational resources have been secured by means of a legal agreement between the developer and
the Council. The contributions will provide acceptable mitigation for any impact on school capacity.
7.8 Impact on Local Community and Play Facilities
Response: This matter was addressed by the Reporter during the appeal of planning reference
15/01634/PPP. The Reporter concluded that although the site is peripheral in nature and likely to be
further from centres of employment, services and facilities than more centrally located alternatives, it is
reasonably well served by public transport and is reasonably close to schools and other facilities. The
current application makes provision for contributions towards educational facilities. Additionally, the
development will make provision for formal active play space consisting of over 2000 square metres of
land within the site and for over 4000 square metres of informal amenity space. A condition is
recommended to ensure that details of play equipment are submitted to the Planning Authority for
approval before the development commences.
7.9 Impact on Wildlife/Ecology
Response: A Habitat Management Plan and Local Nature Protection Plan have been submitted in
support of the application. Conditions are recommended to ensure that a Habitat Management Group
is set up to monitor and review the submitted Habitat Management Plan on an annual basis and that

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the HMP Group liaise with Council’s Biodiversity Officer to seek approval for any changes to the HMP.
Various other measures are proposed to mitigate any adverse effects on the SINC, LNR and SLA
designations, including retention of trees and hedgerows and buffers, minimisation of artificial lighting
and creation of green corridors, open space, parkland, SuDs and new native species planting throughout
the development.   
7.10 Impact on Open Space / Landscape 
Response:  The development provides managed open space in excess of 6000 square metres and
provides a landscaped linear park with footpaths, areas for active play space and a green network of
pedestrian and cycle paths. A Landscape and Visual Impact Assessment was submitted in support of
the original Approved Masterplan (15/01634/PPP); the Reporter concluded that the effect on landscape
character would be localised and that the development would not affect the landscape character of the
Clyde Valley due to the difference in ground levels and screening effect of established woodland to the
south of the development.  The Reporter noted that whilst the development would result in a change to
the existing landscape/townscape character, the change would complement land to the north and to the
east, which is already predominantly built up and in residential and/or other use.  Landscaping and tree
planting both within and around the development will facilitate integration of the site with the surrounding
landscape. 
7.11 Impact on Drainage and Flood Risk 
Response: SEPA no longer offers comment on certain applications and therefore, has offered ‘no
comment’ on the current MSC application. SEPA previously raised no objection to 15/01634/PPP on
flood risk grounds and recommended that the developer liaise with Scottish Water regarding potential
surface water flooding from rainfall and sewer overflow.  A condition was attached to 15/01634/PPP to
ensure that an updated Flood Risk Assessment was prepared at MSC stage to take account of SEPA’s
recommendations.   The updated FRA proposes an adoptable drainage network, including SUDS, and
discharge to a minor watercourse in line with current Scottish Water ‘’Sewers for Scotland 4’’.  The
drainage system has been designed to comply both with the original approved Drainage Impact
Assessment Report and with updated technical guidance as appropriate.  
7.12 Impact on Local Road Network /Traffic Congestion/Parking 
Response:  Concerns relating to traffic impact, including congestion, access to local properties, road
safety and emissions are noted.  The submitted revised Transport Assessment addresses matters such
as traffic distribution and makes provision for signalised crossings on Castlehill Road and enhanced
access to bus stops, together with other off-site road and junction improvement works.  Electric vehicle
charging points will be fitted in all new residential units to encourage switch to electrical vehicles.
Conditions are also recommended to ensure impacts on the local road network are minimised.   
7.13 Insufficient Time to Respond / Developer has not engaged with the Community (Overtown & 
Waterloo Community Council) 
Response:  Overtown & Waterloo Community Council was contacted directly both by email and by
telephone and advised that determination of the application had been extended, allowing sufficient time
for the Community Council to respond.  With regard to engaging with the community, there was no
requirement for the developer to do so at this stage given that the application relates only to the
discharge of conditions attached to a previous consent.  It is understood however that the developer
fully engaged with the community prior to the submission of the approved planning permission in
principle (15/01634/PPP) and accordingly, submitted a PAC report in support of that application. 
8. Planning Assessment 
8.1 The assessment considers the submissions made in support of the current MSC application which seeks
to discharge a number of conditions attached to existing planning permission in principle (20/01468/S42)
to the extent that those conditions relate to Planning Reference 22/00296/MSC and associated land
outlined in red and shown on the Location Plan.

Page 17

8.2 Section 25 of the Town and Country Planning (Scotland) Act 1997 as amended provides that where, in
making a determination under the Planning Acts, regard is to be had to the Development Plan unless
material considerations indicate otherwise. The Development Plan consists of The North Lanarkshire
Local Development Plan (Adopted 6th July 2022) and NPF4 (Adopted on 13th February 2023). 
Consequently, the determination of the application must be made in accordance with both and in the
event of any incompatibility between NPF4 and the Development Plan, whichever of them is later in
date, NPF4 is to prevail.  The matters specified in the conditions attached to the existing permission
(15/01634/PPP subsequently renewed and amended by 20/01468/S42), do not raise any issues of
regional or national significance. The current MSC application can therefore be determined in the
context of the policies in the North Lanarkshire Local Development Plan (Adopted 6 July 2022) provided
that they are compatible with NPF4. Statements and policies in NPF4 are also material to the
determination of the application.   
8.3 The following guidance is also material to the determination of the application: 
• The extant planning permission in principle (20/01468/S42) for residential development (of up to 601
units) and associated uses, including, community and retail use
• The Council’s Open Space Standards 
• The Council’s Play Provision Standards
• The Council’s Parking Standards
• The Council’s Statement of Landscape Importance for the Clyde Valley Special Landscape   Area
Background Report November 2018 
Principle of the Development 
8.4 The principle of housing development on the site is well established, initially through the grant of
planning permission in principle at appeal on 13th June 2018 under reference 15/01634/PPP and
subsequent renewal of permission under reference 20/01468/S42 (the Approved Masterplan) and
latterly, through allocation of the site for housing in the North Lanarkshire Council Local Development
Plan (Allocation NLMW1179 for up to 601 units). For those reasons there is no scope to challenge the
principle of housing on the site under the current MSC application. 
8.5 Policy PROM LOC3 Housing Development Sites commits the Council to maintain a minimum five-year
effective housing land supply at all times and to meet housing needs in accordance with the national
policy position. The submitted Phasing Plan encompassing both 22/00296/MSC (401 units) and
22/00295/MSC (200 units) proposes delivery of 601 units over a nine-year period, with the majority of
units being delivered in Phases 1-5 over a five-year period from March 2023 – March 2028 (indicative
dates) and over lifetime of the Development Plan).  The delivery of housing on the site will make a
significant contribution to housing need, housing supply and annual housing completion targets.  The
development is therefore in accordance with the objectives of Policy PROM LOC3 of the Development
Plan and Policy 16 Quality Homes of NPF4. 
Siting, Design and Layout (Condition 1) 
8.6 To ensure successful integration with the landscape setting and the built fabric, Policy EDQ 1 Site
Appraisal, requires applications to be accompanied by an appraisal to demonstrate that proposed
development is able to satisfy the design quality criteria of the policy. The current MSC application is
accompanied by a Revised Masterplan Framework which consists of the current Wemysshill application
for 401 units (22/00296/MSC) and the neighbouring Castlehill application for 200 units (22/00295/MSC)
which was approved under delegated powers.  The Revised Masterplan addresses the primary changes
to the Approved Masterplan, including amendments to the development footprint and road layout, both
of which were deemed necessary due to the presence of a high-pressure pipeline in Zones A1 and A2
of the Approved Masterplan site. Zones A1 and A2 of the current application are therefore excluded
from development. 
8.7 A comparative analysis of the Approved and Revised Masterplans demonstrates that the overall land
take for housing development in the Revised Masterplan is considerably less than that which was
originally approved.  The effect of this is a visibly reduced development footprint and more compact
housing layout, coupled with a greater proportion of land now being offered up as community open
space. Whilst the condensed footprint will result in an overall increase in site density, it is noted that in

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accordance with Policy AD3 Amount of Development, rudimentary density standards will not be applied
to housing development in the General Urban Area.  Appropriate density for any given site is an output
of a process of assessment arrived at through a design-led approach which takes account of site
context, land supply and infrastructure capacity.  The condensed development footprint will not
compromise the capacity of the site to accommodate all 601 units as allocated in the Development Plan,
nor will it lead to a crammed layout.  The proposed layout of residential units, spacing between units,
proportion of public amenity open space, play space and private garden ground serving each of the
plots together with the provision of in-curtilage and visitor parking, demonstrate that the Council’s
minimum standards for open space, play space and private garden ground have been achieved. The
wider development, incorporating both MSC applications (22/00295/MSC and 22/00296/MSC), makes
provision for amenity open space in excess of 6000 square metres of which over 2000 square metres
will be provided as dedicated equipped play space.  The proposed provision of open space both meets
the requirements of Policies PP3, AD3 and EDQ1 and is in accordance with the Council’s Open Space
and Play Space requirements.  The proposed development also makes provision for sufficient in-
curtilage parking and visitor parking in line with the Council’s Parking Provision standards. 
8.8 Further analysis of the Approved and Revised Masterplans demonstrates that the original consented
vehicular access and road layout largely remain the same with Designing Streets featuring heavily in
the street design to deliver a pedestrian priority environment that connects to new and existing local
core path networks.  Key characteristics of the Revised Masterplan include: no development zones and
green infrastructure areas to the northwest, southwest and southeast; retention of existing woodland
and hedgerows; creation of a boulevard frontage to Castlehill Road in the north; creation of a network
of green corridors and pedestrian and cycle paths through the site with linkages to amenity open space,
landscaped areas, core paths and to Castlehill Road; defensible landscape boundaries around the
majority of the site; linear parkland to the south and; vehicular northwest / southeast connections through
the site.  The Revised Masterplan layout demonstrates high standards of site planning, permeability,
biodiversity and sustainable design and is therefore considered to meet the aims of Policy EDQ3 of the
Development Plan.   
8.9 House typologies consist of a mix of two-storey detached, semi-detached and terraced houses (terraces
contain rows of 3, 4 and 5 units) in various house styles (12 styles in all) with each style incorporating
different features, volumes, fenestration patterns, façade treatments and contrasting materials to break
up massing and create variety in the street scene. External wall finishes include riven sherboune
brickwork (red) alternated with white dolomite chip. Feature plots are identified at key locations including
entrances to primary streets and main vistas and will be finished in grey rothesay brickwork; this will
help guide people through the development and will act as wayfinding whilst helping to create diversity,
character and a clear identity.   Roof materials will alternate between terracotta and anthracite synthetic
slates. Surface materials include, black asphalt and Marshalls keyblock in natural stone. Street facing
boundary walls where required will be constructed fully in brick to match the colour of the associated
unit; these are largely proposed on corner plots and/or where gable walls, side and rear gardens front
the street. Elsewhere front gardens will be open to the street. All units will be provided with solar roof
panels and electric vehicle charging points. 
8.10  Close board privacy fencing of 1.8 metres in height is proposed to the rear of units and will not be visible
from the street.   Since the existing housing in Trows Road, Orchard Street, Belmont Street and Brooklyn
Place is situated on a slightly higher elevation than units proposed in the southeast corner of the
development, it may be necessary to form a higher boundary rear fence than a standard 1.8m high
fence in order to protect the privacy of prospective occupiers of the development. The height and type
of boundary treatment will be determined upon the submission of further details, including section
drawings to show the relationship between the proposed and existing housing.  In respect to siting,
design, boundary treatment and external appearance of buildings and other structures, it is considered
that the development will provide a high standard of site planning and sustainable design and will
integrate successfully with the surrounding environment to ensure compliance with the requirements of
Policies EDQ1 and EDQ3. 
8.11 Sufficient detail has been provided in respect of siting, design and external appearance of all buildings
and other structures. Satisfactory details have also been provided for new roads, means of access to
the site, footways, cycle paths, car parking, hard and soft landscaping including new and existing trees,
shrubs and hedgerows to be retained, means of enclosure/ boundary walls and fences, existing and

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proposed site levels and location and scale of play space areas.  No issues have been identified that
give rise to any conflicts with Policies PROM LOC4, PROM ID2, PROT A, EDQ1 and EDQ3 of The
Development Plan and/or the Council’s Open Space Standards or Parking Standards.  It is therefore
recommended that Conditions 1 (a), (b), (c), (d), (f), (i) and (j) of 20/01468/S42 are discharged. No detail
has been submitted in respect of Condition 1 (e) management and maintenance and for this reason, the
condition should remain in force. It is recommended that Condition 1 k) is reworded to ensure that further
details of play equipment are submitted to the Planning Authority for approval. It is also recommended
that a further condition is attached to ensure section drawings and details (including height) of boundary
fences are submitted to the Planning Authority for approval to show the relationship between the
proposed units in the southeast corner of the site and the existing housing on Trows Road, Orchard
Street, Belmont Street and Brooklyn Place. Conditions 1 (g) and (h) are addressed elsewhere in this
report. 
Landscape (Conditions 3 and 10) 
8.12 Policy EDQ 3 Quality of Development permits development where high standards of site planning and
sustainable design are achieved.  Policy PROT A Natural Environment and Green Network Assets
seeks to protect natural and resilient sustainable places by safeguarding natural heritage assets and
Policy PROM LOC4 Green Network Improvements Promotes understanding and awareness of the
distinctive character and special qualities of the designated Special Landscape Areas.   
8.13 A site-wide landscape strategy has been submitted in support of the application to demonstrate how the
proposed scheme of landscaping will protect the special qualities of the SLA and facilitate integration of
the development. The landscape design principles proposed in the site-wide landscape strategy
replicate the principles already established in the approved landscape strategy and incorporate, new
woodland structural planting to infill gaps in tree cover around the site perimeter particularly to the south,
together with retention of existing tree cover and woodland within and around the site.  The SLA will also
be protected through ‘no development zones’ and additional screen tree planting to the southern edge
of the site. This will ensure safeguarding of existing natural assets and will minimise impacts on
landscape character. Linkages to the existing woodland in the valley to the south will be maximised and
extensive landscaping, green verges and tree planting will be provided throughout the site, along primary
and secondary routes (within the development envelope) and on the edges of the site, to promote visual
amenity, emphasise street hierarchy and to enhance the setting of the development. The development
will incorporate an east-west boulevard to Castlehill Road along the northern edge of the development
and north-south boulevard through the site.  New green routes linking the Castlehill Road boulevard
frontage to the proposed new parkland area in the northwest (Zones A1 and A2 of the Revised
Masterplan site) and to the linear park and landscaped SuDs areas to the south, will serve as wildlife
corridors through the site to increase biodiversity.  The linear park along the southern edge of the
development will also be linked to a network of paths, including linkages to the established Core Path
331. 
8.14 Mixed native species planting is proposed around the perimeter of the site and in outlying areas to create
a natural extension to the surrounding woodland. Ornamental and appropriately scaled mixed native
species have also been selected for corridors and verges within the development envelope to soften
larger stretches of streetscape, node points and hard surfaces and to provide greenery all year round. 
8.15 The landscape strategy is comprehensive and in addition to protecting the Clyde Valley SLA and
improving and enhancing environmental quality in the area, it will also create new recreational
opportunities and facilitate community access. The proposed landscape strategy is considered to meet
the aims and objectives of Policies EDQ 3, PROT A and PROM LOC4 and it is therefore recommended
that the following conditions are discharged: Condition 1 (d) details of landscaping; Condition 1(i) details
of existing trees, shrubs and hedgerows to be retained; Condition 1 (g) provision of surface drainage
works incorporating SUDS and; Condition 10 (Landscape Plan).  Sufficient details have also been
provided to discharge those parts of Condition 3 that require details of the proposed site-wide strategy
for structural landscaping and the strategic foot/cycle path link, including proposed links to Core Path
331.

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Play Space and Amenity Open Space (Condition 3)  
8.16 Policy CI Contributions to Infrastructure (Category Green Infrastructure, Amenity Space and Play) seeks
to secure on-site green infrastructure, amenity space and the provision of play infrastructure.  The
Council’s minimum open space standards for play provision, both active and informal space, are set out
in Developer’s Guide to Open Space.   For major developments of 200 units or greater, the minimum
play space requirement is 6000 square metres of which 2000 square metres should be dedicated to
equipped play space. 
8.17 The current Wemysshill application and neighbouring Castlehill application (22/00295/MSC) provide
details of the locations of active and passive open space.   A combined total of 47 hectares
(436,005sqm) of open space will be provided across both sites, of which 0.2 hectares (2105 sqm) will
form dedicated active play space; 1.7 hectares (16820 sqm) will form dedicated informal play space and
9.3 hectares (93305 sqm) will form communal open space area.  It is anticipated that all open space
areas will be maintained by an appointed managing agent and that details of the proposed management
and maintenance of the development will be provided in due course, as required by Condition 1 e) of
the existing consent.   
8.18 The provision of open space, both active play space and informal recreational and amenity space is
considered to meet the requirements of Policy C1 and the Council’s minimum play space and open
space standards. 
8.19 At the time of writing, the Planning Authority has not received any details relating to the management or
maintenance of landscaped areas, a requirement of Condition 1 (e), and/or details of play equipment, a
requirement of Condition 1 (k).  In view of this, it is recommended that Condition 1 (k) details of play
areas, is in part discharged and that a further condition is attached to ensure that details of play
equipment are submitted to the Planning Authority for approval in accordance with the Council’s
Supplementary Guidance (Play Space Requirements). Condition 1 (e) of the extant permission should
remain in force. 
Phasing Scheme (Condition 4) 
8.20 A Phasing Plan, together with supplementary text providing a year-by-year breakdown of the number of
units to be constructed in each phase of the development, together with the phasing for other elements
of the development, including junction improvements, has been submitted in support of both the
Wemysshill application (22/00296/MSC) and Castlehill application (22/00295/MSC). The proposed
Wemysshill development will be delivered over 9 phases and over an indicative period dating from
March 2023 to March 2032. The Castlehill development will be delivered over 5 phases, indicatively
from March 2023 to March 2028.  This will allow the two development sites to be delivered in parallel at
a rate of circa. 75 units per year.  The first phase of the development will involve the construction of the
two new roundabout accesses onto Castlehill Road, together with part of the primary road to allow the
delivery of 601 dwellings. Each phase of the development thereafter will be constructed with roads,
foot/cycle paths and associated landscaping. It is intended that the landscaping will be completed prior
to the last occupation of each phase of the development, depending on planting seasons and prevailing
construction routes. The play areas in Wemysshill will be constructed as part of the Phase 6 works,
indicatively in March 2029 and play areas in Castlehill will be constructed as part of the Phase 5 works
indicatively in March 2028. 
8.21 The improvement of the Castlehill Road/ Main Street junction will be completed prior to the occupation
of the 101st residential unit and improvement of the Netherton Road/ Caledonian Road/ Castlehill Road
mini-roundabout junction will be completed prior to the occupation of the 101st house. Details of the
specific junction improvements are detailed in the Dougall Baillie Report dates 3rd March 2022. 
Transport and Access (Conditions 1 (b), 1 (c) and 5) 
8.22 The application is accompanied by a Transport Assessment, Travel Plan, Street Engineering Review,
access roundabout analysis and offsite junction layouts. The proposed development will take vehicular
access to the site from the B754 and Castlehill Road at two distinct locations: a new access roundabout
to the east in the location of the existing junction access for Clyde Valley High School / Orchard Primary,
and a new access roundabout to the west of the site at Smith Drive. A detailed Traffic and Transportation

Page 21

analysis has been undertaken and submitted in support of the application to demonstrate suitability of
the proposed accesses to serve the development. 
8.23 Junction improvements are proposed at Netherton Road and Overtown Cross to mitigate the impacts of
the development on the road network.  Enhanced footpath links to bus stops on Castlehill Road are also
proposed, together with the provision of a new signalised crossing on Castlehill Road which will be
designed as a toucan crossing in accordance with standards set out in Chapter 6 of the Traffic Signs
Manual. Car parking has been provided in accordance with Council car parking guidance (2 spaces per
2 bed houses and 3 spaces per 3- 4 bed houses) to provide a total of 1099 car parking spaces and 120
visitor car parking spaces within the Wemysshill development (22/00296/MSC). 
8.24 The revised layout retains the main spine road of the Approved Masterplan which links the two halves
of the site and two proposed access roundabouts on Castlehill Road.  The layout has been designed to
provide a network of connector roads and streets, providing distribution of traffic throughout and
incorporates a road hierarchy of primary, secondary and tertiary roads and parking courts, together with
appropriate provision of contiguous footways and connected footpath links for pedestrians.  The
proposed primary road route (the spine link road) within the development incorporates a 6.0m single
carriageway, verge and footway of 2m or 3m in width, reflecting a higher movement function than other
road types within the development.  This road provides connectivity between the 2 new access junctions
and creates potential for links to secondary roads in other areas of the development. The network of
secondary roads will provide a means of connecting the primary route to the less trafficked areas,
including tertiary roads, parking courts, and shared accesses. Generally, secondary roads will consist
of 5.5m wide carriageways with footways on either side.  Tertiary roads will generally be shared surface
in nature, with road widths of 5.5m and 2m service strips to either side. Parking courts will be designed
to have a minimum 6m wide aisle with 5m x 2.5m parking bays; the entrance to the parking courts will
be 6m wide and will be accessed via a dropkerb footway crossing. 
8.25 The road network has been designed to achieve a vehicle speed of between 15mph and  20mph and
street geometry/ street layout has been designed in accordance with the principles set out in Designing
Streets and The National Road Development Guidelines. 
8.26  Having regard to the provision of required on-site transportation infrastructure including, road layout,
footways, footpaths and cycle paths, the proposed development is considered to be in accordance with
Policy CI1 Category Transport.  The proposed development is situated immediately adjacent to a bus
route and will provide enhanced footpath links to bus stops that provide regular bus services to
surrounding towns (5 buses per hour) ensuring that it meets the sustainable, multi-modal transport aims
and objectives of Policy PROM ID. In respect to new roads and means of access to the site and to layout
of roads, footways, car and cycle parking areas, it is considered that the development provides a high
standard of site planning and sustainable design in accordance with Policy EDQ3.  Accordingly, it is
recommended that Conditions 1 (b) and 1 (c), Condition 3 and Condition 5 of the consent are
discharged. 
Existing and Proposed Site Levels (Condition 6) 
8.27 Existing and proposed site levels have been submitted in support of the application, together with
proposed site sections.  The drawings show that the Wemysshill site slopes gently towards the
southwest.  The drawings assess the scale and extent of effects on the landscape and in particular, the
SLA designation.  It considered that the visual effects on landscape character will be limited due to
screening of the development from existing hedgerows and woodland and the addition of proposed tree
planting.  The number of receptors affected by the development will also be limited to a few residential
properties in the east, where views over the site will be prominent from Trows Road, Orchard Street and
Belmont Street.   It is unlikely however, that the few farmhouses and smallholdings to the south will
experience views to the site due to the topography and heavy screening from the existing woodland and
hedgerows.   
8.28 Existing housing in Trows Road, Orchard Street and Brooklyn Place is situated on a slightly higher
elevation than the proposed units in the southeast corner of the development.  To protect the privacy of
prospective occupiers of the development, it may be necessary to form a higher boundary fence than a
standard fence of 1.8m. This matter should be examined more fully upon the submission of further
information, including, section drawings that show the relationship between the proposed units in the

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southeast corner of the development and the existing housing in Trows Road, Orchard Street and
Brooklyn. A condition to this effect is recommended accordingly.
8.29 The site level and section drawings demonstrate that proposed development will have a low to moderate
impact on the landscape. However, as concluded by the Reporter during the planning appeal of
15/01634/PPP, the effect on landscape character would be localised and the development would not
affect the landscape character of the Clyde Valley due to the difference in ground levels and screening
effect of established woodland to the south of the development. Whilst the development will result in a
change to the existing landscape/townscape character, the Reporter concluded that the change would
complement land to the north and to the east, which is already predominantly built up. On balance and
in view of the Reporter’s comment, the proposed development is not considered to raise any conflicts
with Policies PROM LOC4, PROT A, EDQ1 or EDQ3. Condition 6 is therefore recommended for
discharge.
Flood Risk and Drainage (Condition 7)
8.30 Policy EDQ1 provides that development will require to be appraised in the context of its site and
surroundings to ensure that it will integrate successfully into the local area and take account of any
impacts associated with the holistic water environment, flood risk, public utilities and drainage systems.
An updated Flood Risk and Drainage Assessment has been submitted in support of the proposal
together with detailed plans of the proposed drainage layout to show disposal of foul sewage and
surface water drainage.
8.31 It is noted that within the site there are localised areas of surface water flooding (pluvial), including two
minor areas in the northwest of the site. These areas are situated within a ‘no development zone’ and
will not therefore present a flood risk to the proposed development. It is however recommended that a
condition is attached to ensure that the areas of land in question are retained for amenity open space
in perpetuity and for no other purpose.
8.32 To the south of Castlehill Road, the upper part of the site falls slightly southward with gradients
decreasing significantly toward the lower part of the site. The original Woolgar Hunter report submitted
in support of planning permission in principle Reference 15/01634/PPP, notes that although no (fluvial)
flooding risk is identified within the site, a small unnamed minor watercourse with catchment sub 3km2
exists close to the eastern boundary of the site, south of Greenknowe Street, could be considered as a
potential source for fluvial flooding. Whilst it is recognised that it is appropriate to identify this
watercourse as a potential risk, is also noted that the application site lies outside the floodplain, is
sufficiently distanced from this watercourse and that no development is proposed in the area closest to
the watercourse. It is considered that those factors will limit the risk of flooding from the minor
watercourse. Risk can also be managed further through the imposition of a ‘no development zone’. It
is therefore recommended that a condition is attached to ensure that land within the application site to
the south of the development envelope, is retained for amenity open space in perpetuity and for no other
purpose.
8.33 Based on the intrusive site investigation report, the findings note that there is no record of a high-water
table within the site. It is therefore considered that there is no risk to the development from groundwater.
8.34 For a development of this magnitude it is essential from the outset that existing drainage patterns within
the site are understood in order to work with the natural flow regimes and the topography of the site and
to ensure a sustainable drainage strategy is developed in compliance with the Water Environment
(Controlled Activities) Regulations. An existing 300mm public combined sewer runs west to east through
the site. The site proposals have been designed to ensure that this sewer is retained. The proposed
development spine road also follows the route of this sewer which will lie beneath the road. As part of
the background reporting relative to the impact of the development on existing sewers, an independent
SWDIA report was undertaken by Scottish Water Horizons and the report confirms that there is no
existing sewer flooding concern from the existing network.
8.35 In terms of surface water drainage, the drainage will be designed as an adoptable drainage
network, including SUDS, in line with the current Scottish Water “Sewers for Scotland 4”. This
requires that the drainage network is designed to accommodate flows with no flooding in the 1:30
(3.33%AEP) year event inclusive of an uplift of 10% for potential urban creep, and 30% for climate

Page 23

change. In addition, the drainage and attenuation proposals have been tested for the 1:200yr (0.5%AEP)
event, including appropriate climate change uplift. In line with current SEPA guidance, “Climate change
allowances for flood risk assessment in land use planning”, the climate change allowance used is 55%
as appropriate for the site location. The site will be drained via publicly adoptable sewers and where
there is attenuation proposed at end of line via adoptable SUDs basins. Runoff from driveways will be
treated by permeable paving.
8.36 To conclude, the risks of flooding from groundwater, nearby water courses, surface water or existing
sewers are minimal and can be mitigated by no development zones. It is therefore recommended that
Condition 1 (h) disposal of foul sewage and Condition 7 (Flood Risk and Drainage) are discharged.
Condition 17 will remain in force to ensure that the developer is able to confirm in writing that foul
drainage can be connected to the public sewer in accordance with the requirements of Scottish Water
and that surface water is treated in accordance with the principles of the Sustainable Urban Drainage
Systems, Design Manual.
Mining Legacy (Condition 8)
8.37 Policy EDQ 2 Specific Features for Consideration, requires that where ground stability (coal mining)
identifies the need for any necessary mitigation, including treatment or remediation, development will
only be permitted where those mitigation measures can be secured. A Mining Stability Investigation
Report has been submitted in support of the application. It is noted that there are four mine entries
within the current application site and two mine entries within the Castlehill (22/00295/MSC) application
site. The Applicant proposes to fence around these areas and has taken account of potential departures
of the mine entries when calculating the fence lines. The fencing will also be screened by planting. The
Coal Authority has raised no objection to the proposed mitigation subject to the fencing being
implemented on site prior to the first occupation of the development and thereafter for it to be retained
in situ and in good order for the lifetime of the development; a condition to this effect is recommended.
In view of the Coal Authority’s consultation response, the proposed mitigation raises no conflicts with
Policy EDQ2.
Noise (Condition 9)
8.38 Policy EDQ3 Quality of Development requires development to mitigate noise impacts in order to achieve
high standards of site planning. The application is supported by a Noise Impact Assessment which
includes baseline noise survey data to quantify existing noise levels from road traffic on Castlehill Road.
This data was obtained from the original NIA that was submitted in support of 15/01634/PPP with a
correction applied to account for traffic growth since the date of the noise survey.
8.39 Protective Services has raised no objection to the application on grounds of noise impact but has
suggested that conditions are attached to include acoustic barriers, windows of a particular acoustic
specification and ventilators of an acoustic specification within certain plots. A further condition is also
recommended to ensure submission of a validation report to the Planning Authority for approval to
demonstrate that all noise mitigation measures have been provided within the development prior to
occupancy of the dwelling houses. The proposed mitigation measures prove satisfactory, and, on this
basis, the development complies with Policy EDQ3. It is therefore recommended that Condition 9 is
discharged and further conditions are attached in line with Protective Services recommendations.
Ecology (Condition 18, 21 and 22)
8.40 The site consists of arable and grazed fields, scrub, woodland, hedgerows, and marginal areas planted
with wildflowers. The site lies east of Hall Gill which forms part of Cambusnethan Woodland, a Local
Nature Reserve (LNR) and Site of Importance for Nature Conservation (SINC). Hall Gill is the subject
of a Management Plan which is in place to help facilitate the improvement of the site with the goal of
including it within the Clyde Valley Woods Special Area of Conservation (SAC). Trees within the LNR
are further protected by Tree Preservation Orders.
8.41 An updated ecological survey, Local Nature Reserve Protection Plan and SINC Protection Plan have
been submitted in support of the application. The survey includes a review of habitats to determine if
any significant change has occurred since the original survey report conducted in 2015 in support of

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15/01634/PPP. A bat survey, badger survey, breeding birds survey and a barn owl survey were
undertaken.   
8.42 The survey indicates that there have been no significant changes to habitats since 2015.   A small bat
roost was noted in one of the trees recorded during week beginning 2 August 2022.  As the trees are to
be retained with no works in close proximity, a licence from Nature Scotland will not be required.  The
report notes that there is evidence of roosting elsewhere and that the roost will require a licence to be
in place prior to the commencement of any works. Mitigation in the form of bat boxes is proposed. With
respect to obtaining a bat licence from Nature Scotland, an informative is recommended. 
8.43 There are no badger setts within the SINC/LNR to 100m inside the boundary.  There is no evidence of
barn owls although compensatory boxes have been erected on site and a Barn Owl Protection Plan has
been submitted in support of the application. The updated Ecology Report provides a list of birds
recorded during the bird breeding season and where vegetation clearance (tree, scrub, hedge or
grasslands) is necessary, this will be carried out outside of the nesting season (March to September).   
8.44 NLC Greenspace Development accepts the findings and recommendations of the updated protected
species survey and reports and advises that conditions are attached to ensure that pre-work surveys
for the various species are carried out prior to development and that lighting is designed in accordance
with Bats and Artificial Lighting in the UK, Guidance Note 08/18 (Bat Conservation Trust/Institute of
Lighting Professionals). NLC Greenspace is also satisfied with the submitted Habitat Management Plan
/Local Nature Reserve Protection Plan and recommends that conditions are attached to ensure the
following: a) a Habitat Management Group is established to facilitate the actions listed in the submitted
Habitat Management Plan (HMP); b) an annual report is submitted to NLC Greenspace to provide details
on the progress and management of the plan and; c) to ensure that any proposals recommending
deviation from the HMP are subject to the approval of NLC Greenspace in the first instance. 
8.45 Subject to the proposed mitigation and further conditions attached, the proposed development raises
no conflict with the requirements of Policy PROT A which seeks to protect Local Nature Reserves and
Sites of Importance for Nature Conservation from the effects of development or with Policy PRIM LOC4
which promotes understanding and awareness of the distinctive  character and special qualities of the
designated Special Landscape Areas. Accordingly, and  subject to further conditions, it is
recommended that Conditions 18, 21 and 22 of the existing consent are discharged. 
Weymsshill Farm Buildings (Condition 25) 
8.46 Condition 25 of the consent requires that all buildings on site (namely, Weymsshill farm buildings) are
to be retained unless the Planning Authority agrees otherwise in writing.  Whilst technically the buildings
fall within the definition of ‘excluded demolition’ (Class 70 of the GDPO), the extant planning permission
and condition imposed on the planning permission, override any permitted development rights
(demolition) that would otherwise apply.   
8.47  Police Scotland contacted the Planning Authority following neighbour complaints of break-ins and anti-
social behaviour, in and around the Weymsshill farm buildings. Following persistent vandalism and the
submission of a photographic survey of the buildings and written  justification for demolition of the
buildings, it is accepted that the Weymsshill farm buildings are now in various stages of disrepair and
are generally unsafe.  Other than the existing condition which seeks their retention, the buildings have
no other statutory protection and given their condition and in the interests of public health and safety,
demolition is now considered the best course of action.  It therefore recommended that Condition 25 is
removed from the consent and that the buildings are demolished as part of the wider proposal.   
Legal Agreement 
8.48 A Section 75 Agreement has been completed to secure (index linked) contributions towards education
in accordance with the requirements of the existing planning permission and requirements of Policy CI
Contributions to Infrastructure.  No further contributions are sought.

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9. Conclusions 
9.1 Having regard to the Development Plan and to housing allocation NLMW1179, the existing 
planning permission in principle and other material considerations, it is considered that the 
proposed development will help address identified housing need and remedy housing shortfall in the
Council area. Furthermore, the development will contribute to sustainable development  through
enhanced crossings and pedestrian links to bus stops and through the provision of vast areas of
managed community open space, parkland, play areas and footpaths. The proposed development
achieves high standards of site planning and establishes a clear  vision for the site in line with design
principles of the Approved Masterplan.  Through new native species planting, the creation of green
corridors and green links to the surrounding landscape, coupled with the retention of existing tree belts
and hedgerows and enhanced protection of the Cambusnethan Woods SINC, the development will
make a significant contribution to the Green Network and to biodiversity and will integrate well with its
natural  landscape setting.  Subject to further conditions, it is therefore recommended that Conditions 
1, 3, 4, 5, 6, 7, 8, 9, 10, 18, 21 and 22 of Planning Permission Reference 20/01468/S42, are 
discharged and that the application for Matters Specified by Condition be approved subject to the
attached conditions.