Agenda pack
North Lanarkshire Council · 6 April 2023
Back to Planning Committee — 6 April 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 28 Mar 2023 Members of the Planning Committee Chief Executive’s Office Archie Aitken Chief Officer (Legal and 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, 6 April 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 78
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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 - 78) Submit Planning Applications Index (copy herewith) Page 3 of 78
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North Lanarkshire Council Planning Applications for consideration of Planning Committee Committee Date: 06-04-2023 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved AGENDA ITEM 2 Page 5 of 78
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APPLICATIONS FOR PLANNING COMMITTEE 6th April 2023 Page No Application No Applicant Development/Site Recommendation 7-31 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 32-47 22/00305/FUL AS Homes (Scotland) Ltd Residential development (73 units) with access, change in ground levels, landscaping and supporting infrastructure Land North Of Abernethyn Road Crindledyke Newmains Grant (P) 48-56 22/00754/FUL Panda Village Limited Change of use from an open green space to a yard including: the storing of construction material and equipment; the siting of two port-a-cabins for the storage of non food items; the formation of two car parking spaces, and the erection of a 2 metres high perimeter fence (retrospective) 17 High Street Newarthill Motherwell ML1 5JU Grant 57-67 22/01261/PPP Carnethy Developments Limited Industrial Development with Associated Landscaping, Access, Parking and Infrastructure. Land At Grayshill Road Westfield Cumbernauld Grant 68-78 23/00030/CNS Intelligent Land Investments Group Plc Installation of Battery Energy Storage Facility & Associated Access and Infrastructure Whitehill Farm Coatbridge Road Gartcosh G69 8DT No Objection (P) 22/00305/FUL – If minded to grant, planning permission not to be issued until legal agreement is concluded regarding developer contributions for education and off site play provision. Page 6 of 78
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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: 12 objections and 1 in support 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), 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 78
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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 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 78
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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; 598.01.16D; 598.01.17E; 598.01.18E; 598.01.19D; 598.01.20D; 598.01.21D; 598.01.51; 598-01-10F; 598-01-11E; 598-01-12E; 598-01-13E; 598-01-14E; 598-01-15E; 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 the adjoining properties 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 shown in the far right-hand column of Table 1 Indicative Sound Reduction Performance, appended to this Decision Notice, 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. 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 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 external appearance and do not detract from the development. Page 9 of 78
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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. The validation report 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 any area of open space or landscaped areas as shown and shaded on Drawing Nos. 598-01-01C and 598-01-01D; 598.01.16D; 598.01.17E; 598.01.18E; 598.01.19D; 598.01.20D; 598.01.21D; 598.01.51; 598-01-10F; 598-01-11E ; 598-01-12E; 598-01-13E; 598-01-14E; 598-01-15E; and; 598-01-50A. For the avoidance of doubt, this shall include all areas shown as green verges, green corridors and green spaces within the development footprint and all areas outside the development footprint and 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 visual amenity and 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. Page 10 of 78
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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 users adjacent to and within the development site respectively. 13. The SUDS-compliant surface water drainage scheme under the 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; Page 11 of 78
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• 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 protect nature conservation interests. 17. The Habitat Management Plan and LNR/SINC Protection Plan hereby approved shall be implemented in full prior to the construction and demolition phases and shall be remain in place in perpetuity. 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. 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) which 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. 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. Page 12 of 78
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21. Each residential unit shall be provided with at least one electric vehicle charging point with a minimum output 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. 22. 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 and the associated phasing plan (Drawing No. 2017-PL-013D) 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. 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: 22nd March, 2023 Page 13 of 78
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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 (ref: NLMW1179 within the Local Development Plan); 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, the 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; one limb of the woodland is contained within the boundary of the adjoining MSC application for 200 houses (Reference 22/00295/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). 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. 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 cuts through the site and connects the A71 Horsley Road to Castlehill Road; this access is recognised as Core Path 331 in the Council’s Core Paths Plan. Page 14 of 78
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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 housing in a range of styles and external finishings. 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 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 wider 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. 2.2 The application seeks approval of the following matters specified in 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) • Condition 22 (Habitat Management Plan). 2.3 Approval is also sought for 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 past years and are now in a poor state of repair. 2.4 Related application 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. This application was approved under delegated powers. Similarly, Planning Application Reference 22/00297/FUL which sought permission for road infrastructure works, including provision of two roundabouts off Castlehill Road, was also approved under delegated powers. The original planning permission in principle also allowed for a commercial/retail hub but details of that have not yet been submitted. Page 15 of 78
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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. • 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. Page 16 of 78
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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 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 that development impacts 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 Policy 13 Sustainable Transport and Policy 15 Local Living and 20 Minute Neighbourhoods of NPF4. 5.7 Policy AD3 Amount of Development and Policy PP3 Purpose of Place are relevant. The site is located within the General Urban Area where Policy AD3 Amount of Development and Policy PP3 Purpose of Place apply. Under Policy AD3, there is no requirement to justify ‘the amount of development’ in the General Urban Area if it falls within Class 9 (Houses). However, this matter is qualified and further clarity provided in Policy PP3 which requires new Page 17 of 78
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development to maintain and improve the level of amenity in urban areas and to be of a quality that is in keeping with residential character. These matters will primarily be managed 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 (private garden ground) 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 and objectives of NPF4, namely Sustainable Places and Liveable Places and more specifically, are compatible with the six qualities of successful places detailed in Policy 14 Design, Quality and Place of NPF4 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 seeks to ensure successful integration with landscape setting and the built fabric and 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. Policy EDQ2 is in accordance with NPF4 Policy 9 Brownfield, 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. 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. Page 18 of 78
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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, is to remain in force. 6.2 NLC Green Space –Greenspace is satisfied with the details submitted in support of discharge of Condition 18 (Local Nature Reserve Protection Plan). Provision should also be made to create a habitat implementation group in order to facilitate all the actions within the plan. Annual reports should be submitted to the Planning Authority on the progress and management within the plan. Any deviation from the plan should seek permission from the Green Spaces. Greenspace has no objection to the discharge of Condition 21 (Updated bat, badger and breeding bird surveys). A further condition is required to ensure that updated survey work is undertaken, and details submitted to the Planning Authority for approval if the development has not commenced on site within one year of previous surveys. Condition 19 of the extant permission should therefore be reworded and should remain in force. 6.3 NLC Protective Services – No objection to the proposed development on grounds of noise impact subject to conditions. 6.4 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. 6.5 The Coal Authority – As the area identified in the JWH Ross report as being at risk from shallow coal workings (Area D) will not be developed under the current application, this 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 and subject to the fencing being implemented on site 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. 6.6 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. 6.7 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 24 representations in relation the development. Taking into account multiple representations from the same person or household, these can be summarised as 13 objections (including representations from the Overtown & Waterloo Community Council and the Overtown Brighter Village Association) and one expression of support. The points raised are summarised below: 7.2 Green Belt Designation /Contrary to Local Plan and Structure Plan / Alternative Sites in Ravenscraig, Newmains and Wishaw Response: Planning permission in principle for up to 601 houses on the site was granted on appeal on 13th June 2018. The North Lanarkshire Local Development Plan was altered to reflect the appeal decision and was adopted on 6 July 2022. Page 19 of 78
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7.3 Loss of Amenity: Noise Impact Response: Noise and disruption during construction will be regulated under the Control of Pollution Act 1974. 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 and loss of privacy. Loss of view is not a material planning consideration. 7.5 Loss of Amenity: Light Pollution Response: Road lighting will be provided in accordance with BS EN 13201- 2, 44 BS EN 13201-3, 45 and BS EN 13201-4. A condition is also attached to minimise artificial light and mitigate light pollution in the interests of nature conservation. 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 the original application (planning application 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. As above, the current application makes provision for contributions towards educational facilities and additionally, makes provision for new formal active play space in excess of 2000 square metres and informal amenity space in excess of 4000 square metres of informal amenity space. A condition is recommended to ensure that details of play equipment to be provided on site are submitted to the Planning Authority for approval before the development commences. 7.9 Impact on Wildlife/Ecology Response: A Habitat Management Plan (HMP) 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 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 Site of Importance for Nature Conservation (SINC), Local Nature Reserve (LNR) and Special Landscape Area (SLA) designations, including minimisation of artificial light, retention of woodland, trees and hedgerows, new native species tree planting and landscaping throughout the development and creation of green corridors, buffers, Page 20 of 78
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informal open space, parkland and SuDs. 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 the 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. Landscaping and tree planting both within and around the development will facilitate integration of the site and 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. In the previous scheme (15/01634/PPP1), SEPA raised no objection 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, with discharge to a minor watercourse. This is in line with current Scottish Water guidance ‘’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 and 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 the switch to electrical vehicles. Conditions are also recommended to ensure impacts on the local road network are minimised. Whilst the Scottish Government Reporter acknowledged in the appeal of planning reference 15/01634/PPP, that the entire development of 601 houses and commercial/retail centre would have an impact on the local road network, subject to junction improvements at Overtown Cross and Netherton Cross, in view of the over-riding need for housing land, the impacts were considered by them to be within acceptable limits. 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. Concerns were raised regarding lack of engagement with the community. However, there was no requirement for the developer to engage with the community at this stage given that the application relates only to the discharge of conditions attached to a previous consent. It is understood however Page 21 of 78
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that the developer fully engaged with the community prior to the submission of the approved planning permission in principle (15/01634/PPP) and at that time, submitted a PAC report in support of the application. 7.14 Expression of support: Subject to some detailed comments on site layout, one letter of support was received for the provision of new and energy efficient homes in the South Wishaw area. The provision of more houses with downstairs bedrooms should be provided to allow for disabled people. Response: The expression of support is noted, albeit this application examines detailed matters, with the principle of the development already being established. There is no power for the Council to stipulate house types or layout as part of the planning process. 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 planning permission in principle 20/01468/S42. 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, NPF4 is to prevail. The matters specified in the conditions attached to the existing planning permission in principle, do not raise any issues of regional or national significance. The current MSC application can therefore be determined in the context of the North Lanarkshire Local Development Plan (Adopted 6 July 2022) provided policies therein are compatible with NPF4. Statements and policies contained in NPF4 are 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 Page 22 of 78
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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 to March 2028 (indicative dates) and over the 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 therefore meets 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 built fabric, Policy EDQ 1 Site Appraisal, requires applications to be accompanied by an appraisal to demonstrate that 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. Zones A1 and A2 in the Revised Masterplan are therefore excluded from development and will be retained as community open space. 8.7 A comparative analysis of the Approved and Revised Masterplans demonstrates that the overall land take for housing development is now less than originally approved. The effect of this in the current scheme 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 rudimentary density standards will not be applied to housing development in the General Urban Area in accordance with Policy AD3 Amount of Development. 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 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, demonstrates that the development is able to achieve the Council’s minimum standards for open space, play space and private garden ground. 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 provide dedicated equipped play space. The proposed development also makes provision for sufficient in-curtilage parking and visitor parking in line with the Council’s Parking Provision standards. The condensed development footprint does not therefore compromise the capacity of the site to accommodate all 601 units, as provided for in the Development Plan, nor does it lead to a crammed layout. In terms of layout, the proposed development therefore meets the requirements of Policies PP3, AD3 and EDQ1 and is in accordance with the Council’s Open Space, Play Space and Car Parking requirements. 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 Page 23 of 78
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pedestrian and cycle paths through the site with linkages to amenity open space, landscaped areas, core paths and 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. 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. 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 and for this reason it may be necessary to make provision for a higher boundary rear fence between the two 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 in 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 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 proposed site levels and location and scale of play space areas. No issues have been identified that give rise to any conflicts with Policies PP3, AD3 and 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 development 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. Page 24 of 78
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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 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 along primary and secondary routes within the development envelope and on the edges of the site, to enhance visual amenity, emphasise street hierarchy and to protect the setting of the development. The development will incorporate an east-west boulevard to Castlehill Road along the northern edge of the development and a 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) 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 throughout the development and around the perimeter of the site to create a natural extension to the surrounding woodland. Ornamental and appropriately scaled mixed native species have 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 seeks to protect the landscape character of the Clyde Valley SLA. Proposed landscaping of large areas of community open space will improve and enhance environmental quality in the area and will 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), Condition 1(i), Condition 1 (g) and; Condition 10. Sufficient details have also been provided to discharge those parts of Condition 3 that require details to be provided in respect to structural landscaping and the strategic foot/cycle path link, including proposed links to Core Path 331. 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 MSC 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. A further 1.7 hectares (16820 sqm) will form dedicated informal play space and 9.3 hectares (93305 sqm) will form communal open space. 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 Page 25 of 78
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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 written details relating to the management or maintenance of communal areas and 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). It is recommended that Condition 1 (e) of the extant permission remains in force and that further details are submitted for the approval of the Planning Authority to ensure the long term management, maintenance and protection of communal open space and landscape areas, including no development zone areas. 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 the current application and associated Castlehill application (22/00295/MSC). The current MSC application proposes delivery of the development over 9 phases and an indicative period dating from March 2023 to March 2032. The adjoining 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 access road to allow the delivery of all 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 the current application site will be constructed as part of Phase 6 works, indicatively in March 2029. Play areas in the adjoining Castlehill site will be constructed as part of Phase 5 works, indicatively in March 2028. 8.21 The improvement of 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 provided for in the Dougall Baillie Report dated 3rd March 2022. Transport and Access (Condition 1 (b), 1 (c) and Condition 5) 8.22 The application is accompanied by a Transport Assessment, Travel Plan, Street Engineering Review, access roundabout design analysis and offsite junction layouts. The proposed development will take vehicular access to the site from the B754 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 analysis has been undertaken and submitted in support of the application to demonstrate the suitability of the proposed accesses to serve the development. Page 26 of 78
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8.23 Junction improvements are proposed at Netherton Road and Overtown Cross to mitigate the impacts of the development on the surrounding 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 current application site. 8.24 The revised layout retains the main spine road provided for in the previous scheme Approved Masterplan. The main spine road links the two halves of the Revised Masterplan site and two access roundabouts on Castlehill Road. The internal road layout has been designed to provide a network of connector roads and streets, providing distribution of traffic throughout the development and incorporating a 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 roads within the development incorporate a 6.0m single carriageway, verge and footway of 2m and 3m in width, reflecting a higher movement function than other road types within the development. The network of secondary roads provides a means of connecting the primary route to less trafficked areas, including tertiary roads, parking courts and shared accesses. 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 the street geometry and layout has been designed in accordance with the principles of Designing Streets and National Road Development Guidelines. 8.26 Having regard to the level of provision of on-site transportation infrastructure including, satisfactory 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 existing 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 application 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 by 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. Page 27 of 78
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8.28 The site level and section drawings demonstrate that proposed development will have a low to moderate impact on the surrounding 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 character of the Clyde Valley SLA 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 some 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 comments, the proposed development is not considered to raise any conflicts with Policies PROM LOC4, PROT A, EDQ1 or EDQ3 of the Development Plan. It is therefore recommended that Condition 6 is discharged. Flood Risk and Drainage (Condition 7) 8.29 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 application together with detailed plans of the proposed drainage layout to show disposal of foul sewage and surface water drainage. 8.30 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 do 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 in perpetuity for amenity open space and for no other purpose. 8.31 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 the approved 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 and 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. These factors combined will limit the risk of flooding from the minor watercourse. Flood risk can be managed further through the imposition of ‘no development zones’. 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 in perpetuity for amenity open space and for no other purpose. 8.32 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. 8.33 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 and that the proposed spine road follows the route of the 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 Page 28 of 78
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was undertaken by Scottish Water Horizons; the report confirms that there is no existing sewer flooding concern from the existing network. 8.34 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”. 8.35 To conclude, the risks of flooding from groundwater, nearby water courses, surface water or existing sewers are minimal and can be mitigated through various means including, 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 should 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 Scottish Water requirements and that surface water is treated in accordance with the principles of the Sustainable Urban Drainage Systems, Design Manual. Mining Legacy (Condition 8) 8.36 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 adjacent Castlehill (22/00295/MSC) application site. The Applicant proposes to fence around the mine entries and has taken account of potential departures of the mine entries when calculating the fence lines. The fencing will be screened by planting to protect visual amenity. 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 development raises no conflicts with Policy EDQ2. Noise (Condition 9) 8.37 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 (NIA) 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 the consented application (Reference15/01634/PPP) with a correction applied to account for traffic growth since the date of the noise survey. 8.38 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 are satisfactory and, on this basis, the development is considered to comply with Policy EDQ3. It is therefore recommended that Condition 9 is discharged and that further conditions are attached in line with Protective Services recommendations. Ecology (Condition 18, 21 and 22) Page 29 of 78
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8.39 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 its improvement 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. 8.40 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 was conducted in 2015 in support of 15/01634/PPP. An updated bat survey, badger survey, breeding birds survey and a barn owl survey have been undertaken and findings submitted in support of the application. 8.41 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 survey notes that there is evidence of roosting elsewhere and that a licence will be required to be in place prior to the commencement of any works. Mitigation in the form of bat boxes is proposed. 8.42 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). 8.43 NLC Greenspace accepts the findings and recommendations of the updated protected species survey and advises that conditions be attached to ensure that pre-work surveys are carried out prior to the commencement of development. NLC Greenspace also advises that lighting is designed in accordance with standards set out in 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 HMP and; c) to ensure that any proposals recommending deviation from the HMP are subject to the approval of NLC Greenspace in the first instance. 8.44 Subject to the proposed mitigation and further conditions, 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) 8.45 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. Page 30 of 78
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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. 8.46 Police Scotland has been in contact 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 statutory protection and given their condition it is considered that demolition is the best course of action in the interests of public health and safety. It therefore recommended that Condition 25 is removed from the consent and that the buildings are demolished as part of the wider development proposals. Legal Agreement 8.47 A Section 75 Agreement has been completed to secure index linked contributions towards education in accordance with the requirements of the existing planning permission in principle and requirements of Policy CI Contributions to Infrastructure. No further contributions are sought. 9 Conclusions 9.1 Having regard to the Development Plan and housing allocation NLMW1179, to the existing planning permission in principle and to other material considerations, it is considered that the proposed development will help address identified housing need and in part help to remedy housing shortfall in the Council area. Proposed enhanced pedestrian links to bus stops on Castlehill Road will encourage modal shift. The development will also make a significant contribution to biodiversity and the Green Network through the provision of new native species planting and vast areas of managed community open space, green corridors/links and parkland coupled with the retention of existing tree belts and hedgerows and the enhanced protection of the Cambusnethan Woods SINC and will integrate well with its natural landscape setting. The development achieves high standards of site planning and design that establishes a clear vision for the site and enhances the environmental quality of the area in line with design principles of the Approved Masterplan. 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 conditions be approved. Page 31 of 78
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Application No: 22/00305/FUL Proposed Development: Residential development (72 units) with access, change in ground levels, landscaping and supporting infrastructure Site Address: Land North Of Abernethyn Road Crindledyke Newmains Date Registered: 23rd March 2022 Applicant: AS Homes (Scotland) Ltd 205 St Vincent Street Glasgow G2 5QD Agent: Maura McCormack Iceni Projects 177 West George Street Glasgow G2 2LB Application Level: Major Application Contrary to Development Plan: No Ward: 20 Murdostoun Robert John McKendrick, Cameron McManus, Louise Roarty, Nicky Shevlin, Representations: 8 objections received. Recommendation: Approve Subject to Conditions and legal agreement Reasoned Justification: The application site is located in an existing urban area which is predominantly residential in nature and the proposed development is providing a mix of private and affordable housing. The application site is allocated as housing land in the housing land supply and the current Local Development Plan. The site has been assessed against relevant Local Plan and National Planning Framework policies and is found to be acceptable in that there is no feature of it that would justify refusal. On this basis the site accords with the relevant Local Development Plan and NPF 4 planning policies detailed in this report. Legal Agreement If minded to grant permission, no decision should be issued until a legal agreement has been concluded which allows for contributions relating to education provision and off-site play provision Page 32 of 78
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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: 22/00305/FUL Name (of applicant): AS Homes (Scotland) Ltd Site Address: Land North Of Abernethyn Road Crindledyke Newmains Development: Residential development (72 units) with access, change in ground levels, landscaping and supporting infrastructure Page 33 of 78
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Proposed Conditions:- 1. That the development hereby permitted shall be carried out strictly in accordance with the approved details shown on the following drawings, or such other details that require to be confirmed via conditions, and no change to those details shall be made without prior written approval of the Planning Authority: AL(00)001, AL(20)001, AL(20)002, AL(20)003, AL(20)004, AL(20)005, AL(20)006, AL(20)007, AL(20)008, AL(30)001, AL(30)002, AL(30)003, AL(30)004, AL(30)005, AL(30)006, AL(30)007, AL(30)008, ENG004, AL(00)002 REV K, ENG-014 REV F, ENG-017 REV D and ENG-018 REV D. Reason: To clarify the drawings on which this approval of permission is founded. 2. That notwithstanding the details approved in condition 1, plot 11 on the approved site layout will have no upper hall window on its side elevation which faces north. Reason: In the interest of the amenity and privacy. 3. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the Planning Authority. The investigation must be carried out in accordance with the British Standard Code of Practice BS 10175: 2011 "The Investigation of Potentially Contaminated Sites". The report must include a site specific risk assessment of all relevant pollution linkages, carried out in accordance with the Environment Agency publication, Model Procedures for the Management of Land Contamination CLR11, and be submitted in both hard copy and electronic format. Depending on the results of this investigation a detailed remediation strategy may be required. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents of the site. 4. That any remediation works identified by the report agreed in terms of Condition 3 above shall be carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. No dwelling shall be occupied until a certificate (signed by a suitably qualified Engineer) has been submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the agreed Remediation Strategy. Reason: To ensure that any remediation identified has been implemented in the interests of the amenity and wellbeing of future residents. 5. That before any works of any description start on the application site, a scheme of intrusive site investigations which is adequate to properly assess the ground conditions and the potential risks posed to the development as a result of coal mining legacy issues on the site, shall be carried out. A report detailing a robust Remedial Strategy, to address the risks posed to the development by past coal mining activity, will be submitted to the Planning Authority for consideration and approval in writing. This strategy shall demonstrate how the remedial works proposed will ensure the safety and stability of the development. Reason: To ensure the mineral stability of the site is appropriate so that the site is made safe and stable for the development proposed in the interests of the amenity and wellbeing of future residents. 6. Should any remedial works be required as a result of the investigation detailed in condition 5 above, they shall be undertaken before building commences to the satisfaction of the Planning Authority. Before any of the development hereby permitted becomes occupied, a certificate (signed by a suitably qualified Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the agreed Remediation Strategy. Reason: To ensure remedial works as approved have been undertaken so that the site is made safe Page 34 of 78
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and stable for the development proposed and in the interests of the amenity and wellbeing of future residents. 7. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, details of a revised drainage design scheme, and a revised flood drainage assessment and Floor Risk Assessment (with necessary mitigation measures) shall be submitted to the Authority which demonstrates that there is little or no additional risk of surface water flooding within the site or on adjacent land including Abernethyn Road as a result of the development hereby approved. This requires to be accompanied by certification by a chartered civil engineer including confirmation that the scheme complies with the most recent SEPA SUDS guidance and that surface water from the application site will be contained within the application site. Reason: To ensure that the drainage scheme complies with best SUDS practice to protect the application site, adjacent watercourses and groundwater, public footways and roads and in the interests of the amenity and safety of existing and future residents adjacent to and within the development site. 8. That the scheme approved in terms of Condition 7 shall be implemented contemporaneously with the development in so far as is reasonably practical on the basis that there is no flooding during the construction of the development hereby approved. Within three months of the construction of the drainage measures (including all agreed mitigation measures), a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the works have been constructed in accordance with the relevant CIRIA Manual and the approved plans. Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater, public footways and roads and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site. 9. That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development. Reason: To ensure the provision of satisfactory water and drainage infrastructure. 10. That before any works of any description start on the application site, and except as may otherwise be agreed by the planning authority, an updated Ecological Assessment Report should be submitted to and for the approval of the Planning Authority. No works should start until the Planning Authority Review and agree the contents and recommendations of such a report. Reason: To ensure current wildlife and habitat protections are complied with. 11. That before any works of any description start on the application site, and except as may otherwise be agreed by the planning authority, should 12 months elapse since the Bat Activity Survey by Nigel Rudd Ecology dated July 2022 was published, a further updated survey should be submitted to and for the approval of the Planning Authority. No works should start until the Planning Authority Review and agree the contents and recommendations of such a report. Reason: To ensure current wildlife and habitat protections are complied with. 12. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a scheme setting out the inclusion of bat and bird boxes and swift bricks in buildings within the development should be submitted to and for the approval of the Planning Authority. No dwelling shall be occupied until a report is submitted confirming the agreed scheme is fully complete and validated by a suitably qualified ecologist. Reason: To ensure that the site meets the requirements of NPF 4 policy 3 and contribute to the enhancement of biodiversity. Page 35 of 78
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13. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, an updated landscape scheme shall be submitted with a focus on biodiversity enhancement for all seasons to and for the approval of the Planning Authority. Within these proposals trees, shrubs, hedgerows, wildflower areas and planting should be a mix of native and nectar rich species. A detailed timetable for all landscaping works within the site should be provided and shall set out that the works be carried out contemporaneously with the development of the site. Reason: To ensure that the site meets the requirements of NPF 4 policy 3 and contribute to the enhancement of biodiversity and as mitigation of hedgerows lost as a result of the development hereby approved. 14. That all works included in the scheme of landscaping and planting, approved under the terms of Condition 13 above, shall be completed in accordance with the approved schedule, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the occupation of the last dwellinghouse becoming occupied, shall be replaced within the following year with others of a similar size and species. Reason: To ensure the implementation of the landscaping scheme in the interest of amenity and biodiversity. 15. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a tree protection measure plan and proposal to protect trees and shrubs on adjacent land to the approval site and in accordance with the recommendations of BS 5837:2012 ‘Trees in Relation to Design, Demolition and Construction’ shall be submitted to and for the approval by the Planning Authority. The scheme approved shall be carried out prior to and during construction works at the approval site. Reason: To protect existing biodiversity on neighbouring land as a result of the construction of the proposed development. 16. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a protection measure plan and proposal to protect the Woodland area and South Calder Water tributary at the eastern boundary of the approval site, shall be submitted to and for the approval of the Planning Authority. Any plan will include all earthworks in close proximity to the Abernethyn Burn, including the relocation of the culvert within the southern part of the site should be properly protected to ensure there is minimal pollution risks to the watercourse. The scheme approved shall be carried out prior to and during any works including construction works at the approval site. Reason: To protect existing biodiversity on neighbouring land as a result of the construction of the proposed development. 17. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a plan setting out vehicle charging points for each individual dwelling, including ducting for houses subject to courtyard parking shall be submitted to and for the approval of the planning authority. Prior to any house approved being occupied its allotted charging point shall be operational and accessible to that house. Reason: To meet the requirements of NPF4 policy 13 and provide vehicle or cycle charging points in safe and convenient locations. 18. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, full details of the facing materials to be used on all external walls, roofs, windows and doors shall be submitted to, and approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Page 36 of 78
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Reason: In the interest of the amenity of the site and the general area. 19. That prior to each affected dwelling house hereby approved becoming occupied, a certificate shall be submitted by an appropriately qualified acoustic engineer certifying that the mitigation measures have been installed in accordance with the agreed specification set out in the Noise Reports and information including amendments by Charlie Fleming Associates. Reason: To ensure the installation of appropriate noise mitigation measures in the interests of the amenity of future residents. 20. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of all communal, shared parking and open areas in the site. Reason: To ensure the maintenance of the landscaping scheme in the interest of amenity. Background Papers: Consultation Responses: Traffic & Transportation – 21/6/22, 23/8/22, 21/12/22, 10/3/23. Education – 5/9/22. NLC Greenspace – 19/5/22, 31/5/22, 25/1/23. Scottish Water – 29/4/22, 24/6/22. Assistant Community Partnership Manager – 30/6/22, 1/2/23. Environmental Health (including Pollution Control) – 13/5/22, 31/5/22, 14/6/22, 23/6/22, 6/9/22, 27/9/22,25/10/22, 29/11/22, 07/12/22, 16/12/22, 11/1/23, 13/2/23, 16/2/23, 7/3/23, 8/3/23. The Coal Authority 28.4.22, 9/6/22, 20.6.22, 21.11.22, 19.1.23. SEPA - 2.5.22, 24/6/22, 15/7/22, 30/9/22, 17/10/22, Contact Information: Any person wishing to inspect these documents should contact Lisa Smith at planningenquiry@northlan.gov.uk. Report Date: 24th March 2023 Page 37 of 78
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APPLICATION NO. 22/00305/FUL REPORT 1. Site Description 1.1 The application site is located within the settlement of Newmains and comprises part of the former East Crindledyke Farm which has not operated as a farm for some time and has a relatively small amount of remaining land following housing developments over the years. Another smaller section of the site is currently council land which is located immediately at the south edge of the site fronting Abernethyn Road. There are several buildings, a paddock and a car park on the farm site that will be demolished as part of the proposed scheme. The site is mainly grass with a hedgerow area that is located at the original front south farm boundary and west of an access to the site. The site has fairly level ground at the area of the buildings and paddock and then slopes down to the south west, south and east and upwards to the north west corner. The site is surrounded by existing houses with local shops and a council family learning centre south of the site. Immediately west of the site is council land with a tree line/hedgerow and a public footpath which provides access between Abernethyn Road and McMahon Drive to the north. East of the site is an area of woodland and a tributary of the South Calder Water which is contained within a steep sided ravine which is then culverted under the south part of the application site. Southwest and southeast of the site are two relatively large open grassed areas. 2. Proposed Development 2.1 The proposed development is 72 two storey houses consisting of detached, semi-detached and terrace dwellings. West of Scotland Housing Association has stated their intention to take 45 of the houses for use as part of their social housing stock. Access to the site would be by way of a single vehicular access from Abernethyn Road (at the southeast corner of the site) leading into a road which would loop around the site. There is an area of proposed open space integral to the development although this would not include play equipment. Instead, the applicant has agreed to make a contribution to the Council for such facilities to be provide off-site. At the south east corner of the site would be new drainage feature, although that is covered by a separate planning application (see para 4.2 below). The burn to the east of the site would be culverted through part of the site (in a revised location to the existing line of culvert). 3. Applicant’s Supporting Information 3.1 The applicant submitted the following supporting information: - Design and Access Statement. - Drainage Design Statement. - Ecological Assessment including a Bat Activity Survey. - Pre-application consultation report. - Roads Design Statement. - Ground Investigation Report. - Tree Report. - Woodland Survey. - Flood Risk Assessment. - Coal Mining Risk Assessment. - Remediation Strategy. - Air Quality Assessment. - Noise Impact Assessment. - Street Engineering Review. - Transport Assessment. - Daylight and Sunlight Analysis. 4. Site History 4.1 There is no significant planning history on the site. Being a ‘Major’ planning application, the Council was obliged to agree the pre-application consultation procedure between the developer and the local Page 38 of 78
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community, and this was agreed as per Proposal of Application Notice ref 21/01739/PAN - 4.2 There is an associated planning application 22/00487/FUL for land immediately southeast of the site to accommodate a Sustainable Urban Drainage System for the development proposed. This is currently under consideration and will be determined under delegated powers. 5. Development Plan 5.1 The Development Plan now consists of the North Lanarkshire Local Development Plan and the National Planning Framework 4 (NPF 4). NPF 4 was adopted by the Scottish Parliament on the 13th February 2023 and prevails over any policies in the Local Development Plan that are incompatible with its aims and objectives. 5.2 In the adopted North Lanarkshire Local Development Plan, the application site is designated as PP3 and AD 3 – General Urban Area, Prom Loc 3 – Housing Development Sites. Policies EDQ 1 – Site Appraisal, EDQ 2 – Hazardous Zones, EDQ 3 Quality of Development CI Contributions to Infrastructure are also relevant. National Planning Framework (NPF) policies 14 - Design, Quality and Place, 15 - Local Living and 20 Minute Neighbourhoods and 16 - Quality Homes are also now relevant. 5.3 PP3 and AD 3 – General Urban Area. This policy sets out that the council seeks to maintain and improve the level of amenity in urban areas, by encouraging development that is in keeping with their residential character and encouraging diversity in more mixed-use areas. Proposals for housing are deemed to support the purpose of urban areas and offer the best opportunity to meet the aims of those places subject to these meeting the provisions of the Environmental and Design Qualities policies of the Plan (EDQ 1,2 and 3). On this basis the development proposed in principle is acceptable subject to a more detailed assessment detailed below. Policy AD 3 is not relevant due to the nature of the development proposed. 5.4 Prom LOC 3 – Housing Development Sites. This policy sets out that the council will provide an effective housing land supply and the application site forms part of this. The policy sets out that sites that promoted as this will be brought forward through consideration of applications for planning permission. 5.5 CI Contributions to Infrastructure This policy sets out that the council will seek developer contributions for new developments that individually or cumulatively generate a requirement for new or enhanced services or infrastructure in respect of Affordable Housing, Education, Transport and Green Infrastructure, Amenity Space and Play. 5.6 Environmental and Design Quality Policies EDQ 1 – Site Appraisal EDQ 2 – Specific Features for Consideration EDQ 3 – Quality of Development These three polices look for proposed developments to create a successful place or enhance existing places by integrating successfully into the local area and avoiding harm to neighbouring amenity. To do this a range of criteria is listed within these polices which includes amongst other things aspects of design, massing, materials, topography and aspects to protect the existing urban area and its specific characteristics, assets and attributes. They consider hazardous zones, utilities infrastructure and management areas and look to promote biodiversity and the environment whilst meeting the challenges of the climate change via suitable and safe access for all users to promote sustainable public travel or for example the provision of electrical charge points where the car is still a requirement. Page 39 of 78
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5.7 NPF4 policy 14 Design, Quality and Place. This policy seeks to ensure that developments are of a good design that are not detrimental to the amenity of surrounding area and are consistent with the 6 qualities of successful places – Healthy, Pleasant, Connected, Distinctive, Sustainable and Adaptable. 5.8 NPF 4 policy 15 - Local Living and 20 Minute Neighbourhoods, This policy sets out that to establish this goal consideration will be given to existing settlement pattern, and the level and quality of interconnectivity of the proposed development with the surrounding area, 5.9 NPF 4 policy 16 - Quality Homes. This policy supports new homes allocated on land allocated for housing in Local Development Plans and sets out various requirements including and not limited to meeting local housing requirements, providing or enhancing local infrastructure, facilities or services and improving the residential amenity of the surrounding area. 6. Consultations 6.1 Roads and Transportation Roads and Transportation have reviewed information submitted to support the application and have raised a number of concerns which have mostly been addressed by changes to the layout with unresolved issues detailed below: • Level of parking proposed does not meet current council standards due to overdevelopment of site. • Too many tandem driveways and these could impede access at houses for wheelchairs and prams. • Acknowledged that new frontage design addresses concern about on street parking on Abernethyn Rd but results in loss of 3 metre wide active travel footway. • Drainage – parts the proposed drainage design (in so far as it relates to parts of the road which would become part of the adopted road) is unacceptable. • Necessary improvements to nearby bus stops are not being provided (raised footways to facilitate barrier free access). 6.2 Protective Services Protective Services have accepted the conclusions of assessments relating to Noise Impact, Air Quality and Dust with the requirement of planning conditions relating to window specifications for noise. Site investigation information for contaminated land has been submitted but reviews of this continue to address outstanding matters. Points raised around disturbance at the construction stage will be treated as an informative. 6.3 Education Education have requested a financial contribution of £4273.97 per unit to address an identified capacity constraint in the primary sector for the catchment area for the application site. Members may be aware of a recent appeal decision relating to the approved new housing development at the nearby ‘Costains’ site, whereby the Scottish Government Reporter found in favour of the developer. Taking that appeal decision into account, the proposed figure may be subject to review and this can be undertaken as part of the negotiations regarding the necessary legal agreement. Page 40 of 78
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6.4 Play Services Play Services have confirmed that off-site Play provision is acceptable with the applicant agreeing to a pay a contribution of £500.00 per house. This would be delivered by way of a legal agreement. 6.5 Greenspace Greenspace stated that the site has no nature conservation designations. Located north east of the site (and around 100m from the site boundary) is the South Calder Water Murdostoun Estate Site of Importance for Nature Conservation. They also highlighted that their own records show that the SINC has been extended to include the burn and woodland area immediately east of the application site. However, this review of this SINC boundary was not completed in time for inclusion within the Local Development Plan. Despite this, they state that the area in question (east of the site) has local conservation value and seek appropriate protection, mitigation and enhancement measures. They agreed the conclusions of an ecological survey and a bat survey which set out that there was low potential for bat activity and no other signs of other protected species. Greenspace commented that post development there will remain ample accessible open land nearby for local access takers to use. In particular Greenspace requested the following: • A 10-15 metre buffer that borders the eastern boundary of the site to enhance security and deter adverse impacts such as fly tipping. • Existing hedgerows that will be lost to the development should be maintained. • Protection measures for woodland adjacent to the site to meet BS5867:2012 (Trees in relation to design, demolition and construction. • Landscaping to address NPF 4 requirements for the development by including native trees, shrubs and wildflower areas. • Bird Breeding Season protections to apply. • Inclusion of bat and bird boxes and swift bricks in buildings within the development. • Protection measures for badgers who may be resident nearby. • Ecological survey to be updated as it expires close to permission being granted. 6.6 Coal Authority The Coal Authority has reviewed a Coal Mining Risk Assessment submitted for the application site and have confirmed that they have no objection to the development subject to the imposition of planning conditions to ensure that a strategy is submitted setting out how coal legacy features at the site can be made safe for the development proposed. 6.7 Scottish Water Scottish Water have no objection to the development proposed with additional points raised by them passed to the applicant as these are outwith the remit of planning. They confirmed that the applicant has already contacted them about the existing culvert and combined sewer infrastructure within the site. 6.8 SEPA Following revisions to the proposal and information submitted to support the application, SEPA confirmed that they accept the applicant’s Flood Risk Assessment which confirms that there is little or no risk to flooding as a result of the development (in relation to the adjoining watercourse). Page 41 of 78
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However, they note that there are likely to be implications for surface flooding at the southern end of the site, but this is outwith the remit or SEPA (this being under the Control of the Council). 7. Representations 7.1 There have been 10 letter(s) of representation received with multiple contacts resulting in 8 objections and the following comments made: • Proposed development contrary to local plan as we expected this open space area not to be developed. • Loss of light and overshadowing to existing properties which is a concern for enjoyment and future sale value of home. • Houses in close proximity with walkways and parking areas behind rear fences will create issues of security lights affecting bedrooms, overlooking, lack of privacy, noise, air pollution from vehicles will affect privacy/overlooking and facilitate anti-social behaviour. • Existing open view assists residents with a medical condition. • Impact on natural environment by proposed development with building in area exacerbating existing rat issue in the area. • Existing wildlife will be impacted detrimentally and this will add to scarce green space in this area. • Property already damaged by pre-planning work and concern raised about damage by future works. • Possibility of flooding due to ground levels. • Understand need for social housing but do not see this area as a good solution. 8. Planning Assessment 8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan comprises the North Lanarkshire Local Development Plan (LDP) and the National Planning Framework 4 (NPF 4) with NPF prevailing over any LDP policies that are incompatible with its aims and objectives. In the LDP the site is designated as policy PP3 and AD 3 – General Urban Area, Prom Loc 3 – Housing Development Sites. Policies EDQ 1 – Site Appraisal, EDQ 2 – Hazardous Zones, EDQ 3 Quality of Development and CI Contributions to Infrastructure are also relevant. In NPF relevant polices are 14 - Design, Quality and Place, 15 - Local Living and 20 Minute Neighbourhoods, 16- Quality Homes are also relevant. 8.2 Prom LOC 3 – Housing Development Sites. This policy sets out that the council will provide an effective housing land supply. As the application site forms part of this land supply and is for housing it will be supported by the council subject to an assessment against polices PP3, AD 3 EDQ 1, 2, 3 , CI and NPF 14, 15 and 16. 8.3 PP3 and AD 3 – General Urban Area. This policy sets out that the council will seeks to maintain and improve the level of amenity in urban areas by encouraging development that is in keeping with their residential character and encouraging diversity in more mixed use areas. The location surrounding the application site is mainly residential and therefore, the proposed development as a housing development would be considered subject to the more detailed considerations of EDQ 1, 2, 3 and NPF 14, 15 and 16. Page 42 of 78
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8.4 Environmental and Design Quality Policies - EDQ 1 – Site Appraisal - EDQ 2 – Specific Features for Consideration - EDQ 3 – Quality of Development a. These three polices look for proposed developments to create a successful place and enhance existing places by requiring them to integrate successfully into the local area and avoiding harm to neighbouring amenity. A range of criteria is listed within these polices which includes amongst other things aspects of design, massing, materials, topography and aspects to protect the existing urban area and its specific characteristics, assets and attributes. They consider hazardous zones, utilities infrastructure and management areas and look to promote biodiversity and the environment whilst meeting the challenges of climate change via suitable and safe access for all users to promote sustainable public travel or for example the provision of electrical charge points for car users. b. A design and access statement (statement) submitted by the applicant sets out that the proposed development will be located within an established residential area close to existing amenities and services and nearby woodlands. The statement also sets out that the proposed development has been designed with a low carbon, fabric first approach with homes meeting the silver standard. Various sustainable options are discussed and ruled out with reasoning for those chosen. c. Since this statement was submitted the proposed layout has changed to balance the number of housing units proposed and the need to establish an acceptable volume of parking and standards for essential infrastructure. A proposal to link into an existing pathway west of the site has not been realised, however, as this is closely located to the site and can be accessed from a nearby existing footway the loss of this proposed link is negligible. d. The site is in close proximity to established services and the public transport network of Newmains. The development proposed is for housing not exceeding two storeys in height and consisting of a mixture of semi-detached, detached and terraced dwellings. The layout of the proposed development proposes a design akin to the pattern of similar housing developments of this type with external finish materials being controlled by a planning condition to ensure this can be considered in more detail. Of the 72 houses proposed 45 of these will be affordable and 27 for private sale. The wider community around the site will benefit from the applicant’s agreement to provide a contribution to off-site play provision (as the layout design could not accommodate current council standards for this provision within the site) and for impacts on local schools. e. The normal council standard for parking has not been met, although it is concluded (for reasons set out in para 9.1 below) to be acceptable. f. Some houses surrounding the site have an existing open view on to the site and have raised concerns about the loss of this and impacts on daylight/sunlight, privacy, noise, disturbance, views and wildlife. However, the site has been in the urban area under the old Local Plan and remains to be so in the new Local Development Plan with the added designation as a Housing Development Site. On this basis and in terms of privacy and noise, the proposed houses will allow for a level for privacy and disturbance that will be no different than that which is experienced and expected in an urban area. g. Daylight/sunlight impacts have been assessed and found to be within acceptable limits. In terms of views there is no policy position that protects a view at this location. h. In terms of wildlife and ecology, the applicant’s ecology report, reviewed and accepted by greenspace, sets out that due to the site being mainly amenity and poor semi-improved neutral grassland and the small size of the site, its loss to development is not a significant impact and that there are no protected species considerations. The report also stated that subject to a good landscaping scheme and the creation of gardens for the houses proposed, habitats at the site Page 43 of 78
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will be more diverse and therefore, there is an opportunity to enhance the biodiversity of the site. Planning conditions will be used to secure a landscaping scheme that includes largely native and nectar rich species and meets the requirements of Greenspace and NPF 4. i. It has been stated that the site benefits from an established tree belt to the east and west which are outwith the boundary of the site. A tree and woodland survey identified trees/hedges on council land immediately west of the application site and hedgerows within the site. The loss of an existing hedgerow at the south of the site, as a result of the proposed development, is proposed to be replaced with high quality landscaping and planting using native species within the site. j. As noted above, the wooded area to the east is not designated as a SINC in the adopted Local Development Plan but Greenspace has asked for mitigation measures including a buffer designed partly to reduce the existing problem impact of fly tipping into the burn. This has not been provided by the developer. It is noted that much of this wooded area already has existing housing in close proximity (e.g the modern housing development immediately to the north). Also, it is the view if the Planning Service that a buffer zone may actually facilitate greater access to the burn and possibly make the fly tipping worse. Balancing all of these issues, it is concluded that the development as proposed (i.e. without the provision of a buffer) is acceptable. It should be noted, however, that other requirements of Greenspace (e.g in terms of wildlife and ecological protection and enhancement) will be the basis of suitable planning conditions. k. The application site is subject to considerations of coal legacy, land contamination, noise and air quality management. Information submitted has been assessed by the Coal Authority and the council’s Environmental Health Service with both confirming that outstanding issues for these matters can be resolved/controlled using planning conditions. 8.5 CI Contributions to Infrastructure In terms of contributions there is a need for contributions towards education and play infrastructure and the applicant has agreed to enter into a legal agreement for these and pay £4273.97 per unit in terms of education and £500 per unit for play. It should be noted that the applicant had the option to meet the play infrastructure requirement within the site and in the absence of being able to do this opted to pay the contribution instead. 8.6 NPF policy 14 Design, Quality and Place. This policy seeks to ensure that developments are of a good design and are not detrimental to the amenity of surrounding area and are consistent with the 6 qualities of successful places – Healthy, Pleasant, Connected, Distinctive, Sustainable and Adaptable. As per the assessment in section 8.4 it is considered that the proposed development accords with this policy due to its nature, location and design. 8.7 NPF 4 policy 15 - Local Living and 20 Minute Neighbourhoods, This policy sets out that to establish this goal consideration will be given to existing settlement pattern, and the level and quality of interconnectivity of the proposed development with the surrounding area. As per the assessment in section 8.4 it is considered that the proposed development accords with this Policy due to the location of the development and existing services and amenities. 8.8 NPF 4 policy 16- Quality Homes. This policy supports new homes allocated on land allocated for housing in Local Development Plans and sets out various requirements including and not limited to meeting local housing requirements, providing or enhancing local infrastructure, facilities or services and improving the residential amenity of the surrounding area. Page 44 of 78
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The proposed development accords with this policy as the application site is allocated for housing in the current Local Development Plan and the applicant has agreed to pay a contribution to of site play facilities and for impacts on education facilities. 9. Assessment of Consultation Responses 9.1 Roads and Transportation Roads and Transportation have reviewed information submitted to support the application and their outstanding concerns are assessed as below: • Parking provision and layout– The current parking standards used by the Council for residential developments do not make any provision for reductions in standards, regardless of the location or make-up of the proposed scheme. Despite this, the Council has (historically) on many occasions allowed for a reasonable reduction in some schemes where social housing is proposed and/or where a development is well located in relation to public transport and amenities. In this case, more than half of the units are to be taken on by a registered social landlord. Also, the site is convenient for public transport and for the many amenities offered by Newmains centre. On balance, therefore, although the Council’s normal standards for in- curtilage parking has not been met, the scheme is considered to be acceptable. Looking at parking layout and design, it is accepted that some driveway designs are not particularly convenient for future residents, but this is not sufficient reason to withhold planning permission. • Lack of active travel footway at front of the site – Roads and Transportation had asked that a 3m wide ‘active travel’ path be provided along the site frontage. Whilst the sentiments behind this request are of course commendable, it is noted that this path would exist in isolation (with footways on either side being only 2m in width) and therefore it would be unreasonable to place this requirement on the developer. • Comments from Roads and Transportation regarding drainage are noted and this would be addressed through a combination of planning conditions and the Roads Construction Consent process. • Whilst the suggestion that the developer makes improvements to local bus stops is a positive one, it would be unreasonable and disproportionate to place the burden for these works onto a developer of a 72 house scheme. 9.2 Protective Services Outstanding matters relating to window specifications, noise validation and land contamination will be controlled by planning conditions. 9.3 Education and Play Service contributions If the committee is minded to grant the permission sought, the decision notice will be withheld until a legal agreement process to secure the required £4273.97 education contribution and the £500.00 play services contribution per house is concluded. 9.4 Greenspace Greenspace outstanding concerns: 10-15 metre buffer between application site and an extended Site of Importance for Nature Conservation (SINC) at eastern boundary of the site – This is addressed in paragraph 8.4 (j) above. Existing hedgerows that will be lost to the development should be maintained. - Landscaping will be provided to address NPF 4 requirements for the development by including native trees, shrubs and wildflower areas. Inclusion of bat and bird boxes and swift bricks in buildings will be accommodated within the development – A hedge row nearer the front of the site cannot be saved without having a Page 45 of 78
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impact on the design and viability of the development proposed. However, to comply with NPF 4 it is considered that new hedgerows, native and nectar rich species, wildflower, bat and bird boxes plus swift bricks requested can be incorporated into the development to accord with NPF 4 policy 14 and one of the six qualities - Planning conditions will be in place to control this. Some of these mitigation works will be accommodated within the adjoining site covered by planning application 22/00487/FUL (see 4.2). Bird Breeding Season and badger protections will be included as planning conditions or through an informative attached to any planning permission. A planning condition will be used in relation to the Ecological Survey which expired prior to this permission being granted. 9.5 Coal Authority Planning conditions as requested by the Coal Authority will be used to secure an agreement on remediations required to make the site safe for the development proposed. has no objection to the 9.6 Scottish Water A condition will be used to ensure that all Scottish Water consents are sought and awarded before the development starts. 9.7 SEPA SEPA’s comments regarding surface water will be addressed via a combination of planning conditions and also through The Roads Construction Consent process. 10. Response to representation comments. 10.1 Proposed development contrary to local plan as we expected the application site to remain as an open space area not to be developed. Response - The site is part of the housing land supply and is designated as a housing site in the current Local Development Plan. As such the site accords with relevant policies, subject to meeting the wider requirements of relevant Local Development Plan Policies. 10.2 Loss of light and overshadowing to existing properties which is a concern for enjoyment and future sale value of home. Response – Due to the location of proposed houses in relation to neighbouring houses, basic sunlight tests would not apply. A further sunlight test recommended by the Building Research Establishment which considers the distance of buildings and the height of proposed new buildings has shown that no further tests are required and thus that minimum standards for sunlight and daylighting for houses will be met. 10.3 Houses in close proximity with walkways and parking areas behind rear fences will create issues of security lights affecting bedrooms, overlooking, lack of privacy, noise, air pollution from vehicles will affect privacy/overlooking and facilitate anti-social behaviour. Response – In the main proposed houses are of a suitable distance from existing houses which means that privacy, noise and aspects of security lighting will be experienced at a level you would expect in an urban housing setting. Parking areas at the rear of existing houses will not generate a level of pollution more than that of an existing residential street. One issue of an upper side hall window, where a house gables the rear elevation of an existing house has been addressed by the applicant reverting to an original layout proposal at this location and in the removal of a proposed upper hall window. Rear access walkways for proposed houses are not seen as generating anti- social behaviour, however, the applicant has addressed this concern by routing a walkway in another direction at the location were this concern was raised. 10.4 Existing open view assists residents with a medical condition. . Page 46 of 78
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Response - This site has no special protection and is designated for housing and therefore there is no scope in planning terms to protect existing views. 10.5 Impact on natural environment by proposed development with building in area exacerbating an existing rat issue in the area. Existing wildlife will be impacted detrimentally and this will add to scarce green space in this area. Response - The application site is a relatively small area with no noted features requiring protection. There is a larger open area in close proximity beyond a modern housing development immediately north of the application site. Housing developments in themselves do not create a rat issue and any existing rat issue can be reported to the council to allow this issue to be investigated. 10.6 Property already damaged by pre-planning work and concern raised about damage by future works. Response – This is not a planning matter and issues of this nature should be referred directly with the developer. 10.7 Possibility of flooding due to ground levels. Response – As noted above, a combination of information from the applicant, feedback from SEPA and planning conditions will ensure that drainage and flood matters are addressed. 10.8 Understand need for social housing but do not see this area as a good solution. Response – There is no provision or established requirement to assess social housing that sets it apart from private housing. 11. Conclusion 11.1 The application site is located in an existing urban area which is predominantly residential in nature and the proposed development is providing a mix of private and affordable housing. The application site is allocated as housing land in the housing land supply and the current Local Development Plan. The site has been assessed against relevant Local Plan and National Planning Framework 4 policies and is found to be acceptable in that there is no feature of it that would justify refusal. It is therefore recommended that planning permission be granted subject to the conditions set out in this report and subject to a legal agreement addressing matters of off site play and education. Page 47 of 78
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Application No: 22/00754/FUL Proposed Development: Change of use from an open green space to a yard including: the storing of construction material and equipment; the siting of two port-a-cabins for the storage of non food items; the formation of two car parking spaces, and the erection of a 2 metres high perimeter fence (retrospective) Site Address: 17 High Street Newarthill Motherwell ML1 5JU Date Registered: 26th July 2022 Applicant: Panda Village Limited 17 High Street Newarthill Motherwell ML1 5JU Agent: Bobby Lee Ecko Design Ltd 50 Spottiswoode Gardens Mid Calder Livingston EH53 0JU Application Level: Local Application Contrary to Development Plan: No Ward: 18 Motherwell North Gerry Brennan, Andrew Duffy-Lawson, Ayeshah Khan, Anne Thomas, Representations: 51 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed development is considered consistent with policies PP 1C, AD 1C, EDQ 1 and EDQ 3 of the North Lanarkshire Local Development Plan 2022. Whilst this development will have some impact on the existing amenity of the area, these impacts would not be such that would warrant a refusal in this case. It is considered that potential impacts on highway safety would be mitigated to an acceptable extent by the proposed mitigation measures. Page 48 of 78
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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: 22/00754/FUL Name (of applicant): Panda Village Ltd Site Address: 17 High Street Newarthill Motherwell ML1 5JU Development: Change of use from an open green space to a yard including: the storing of construction material and equipment; the siting of two port-a-cabins for the storage of non food items; the formation of two car parking spaces, and the erection of a 2 metres high perimeter fence (retrospective) Page 49 of 78
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Proposed Conditions:- 1. That, except as may otherwise be agreed in writing by the Planning Authority, and subject to the conditions noted below, the development shall be implemented in accordance with drawing numbers:- 22-AV-PS-LP-01 Revision B, 22-AY-PS-LP-01 Revision A, 22-AY-PS-LP-01 Revision B, 22-AV-PS- SP-01 Revision D Reason: To clarify the drawings on which this approval of permission is founded. 2. That, within three months of the date this decision notice, unless otherwise agreed in writing with the Planning Authority, the following works must be undertaken in full: a) the height of the boundary fence facing Woodilee Road must be reduced to a maximum height of 1m, b) An entrance gate (with a maximum height of 1m) should be installed as shown on drawing 22-AV- PS-SP-01 Revision D c) the relocation of the existing portacabin as shown on drawing 22-AV-PS-SP-01 Revision D shall be implemented in full. Reason: In the interests of traffic and pedestrian safety. 3. That within three months of the date of this decision notice, unless otherwise agreed in writing with the Planning Authority, full details of the design (including drainage facilities to prevent water discharge on to Woodilee Road and public footways), the location and the construction of the proposed 5m wide commercial vehicular access and separate pedestrian access shown in drawing 22-AV-PS-SP-01 Revision D, shall be submitted to, and approved in writing by the Planning Authority. The construction of this must be in in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority. Reason: In the interests of traffic and pedestrian safety. 4. That within three months of the discharge of condition 3 above, unless otherwise agreed in writing with the Planning Authority, the commercial vehicular assess and separate pedestrian access approved under condition 3, shall be implemented in full. Written confirmation of the completion of these works (by a suitably qualified road engineer) shall be submitted to the Planning Authority. Reason: In the interests of traffic and pedestrian safety. 5. That, the storage of materials and equipment should only take place within the hatched area shown on drawing 22-AV-PS-SP-01 Revision D, unless otherwise agreed in writing with the Planning Authority. Reason: In the interest of the amenity of the site and the general area. Background Papers: Consultation Responses: The Coal Authority Environmental Health (including Pollution Control) Traffic & Transportation Contact Information: Any person wishing to inspect these documents should contact Patricia Beaton at 01236 632500 Report Date: 24th March 2023 Page 50 of 78
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APPLICATION NO. 22/00754/FUL REPORT 1. Site Description 1.1 The application site is located within the village of Newarthill at 17 High Street adjacent to the existing local retail centre on Woodilee Road. The application site is approximately 910sqm. The application site includes the existing hot food takeaway (Panda Villa) which was previously approved under permission 19/01612/FUL. To the south east of the application site an existing car park, pub and existing residential properties. To the north and east of the application site is area council owned open space. 2. Proposed Development 2.1 Retrospective planning permission is sought to change the use of the application site from an open green space to a yard to be used for the storing of construction material and equipment; the siting of two port-a-cabins for the storage of non food items; the formation of two car parking spaces, and the erection of a 2 metres high perimeter fence. 2.2 This application is retrospective and was submitted following the concerns raised as part of an enforcement enquiry regarding the removal of the existing grassed area and trees, and the construction of fencing and the installation of portacabins within this site. 2.3 The applicant has confirmed that the portacabins on site are not being used as residential accommodation, for the storage of food stuffs or hazardous materials. The portacabins are only being used to store non-food items and other equipment including items associated with the adjacent take away. 2.4 Following discussion with the council’s Roads Development Service, the applicant has revised their proposal to include the reduction of the 2m perimeter fence facing Woodilee Road to 1m high only, the relocation of the portacabin adjacent to Woodilee Road to adjacent to the side elevation of the existing takeaway, the installation of entrance gates to the site, the upgrading the of the existing pedestrian footway drop kerb (which the applicant has been using as a vehicle access to the application site) to that of commercial standard, the construction of additional pedestrian footway and the installation of a new pedestrian drop kerb crossing on Woodilee Road. These proposals are detailed in drawing 22-AV-PS-SP-01 Revision D. 3. Applicant’s Supporting Information 3.1 The applicant has provided drawings showing the application as it previously existed (including site level drawings) and drawings showing the site as proposed (including site level drawings). Recent photographs of the application site as it stands today were also submitted. The applicant also supplied information of the use of the portacabins and operation of the yard. 4. Site History 4.1 A change of use application was approved on 12th February 2020 (subject to condition), changing the use of the existing bookmaker to a hot food takeaway (include rear flue and new shopfront) (planning permission 19/01612/FUL). 5. Development Plan 5.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 states that a planning application should be assessed against the relevant Development plan policies unless material consideration indicate otherwise. 5.2 National Planning Framework 4 (NPF4) has now been adopted and was published on 13th February 2023. NPF4 is now part of the Development Plan and replaces NPF3 and Scottish Planning Policy. Page 51 of 78
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5.3 The North Lanarkshire Local Development Plan 2022 (NLLDP) identifies the application site as part of the local centre of Newarthill under policies PP 1C and AD 1C Local Centres. 5.4 The NLLDP requires that all proposed development be assessed against policies EDQ 1 (Site appraisal) and EDQ 3 (Quality of Development). 6. Consultations 6.1 The Coal Authority has no objection to the proposed development and has advised that an informative regarding potential hazards arising from former coal mining activity and the undertaking of any additional ground works be attached to any permission. 6.2 The council’s Pollution Control has no adverse comments to make regarding this application. 6.3 The council’s Roads Development Service made initial comments regarding the use of the existing pedestrian access for vehicles, the 2m high fencing installed on site and other potential road and pedestrian safety issues. Following discussions with the application and amendments to the proposed development (to include measures to improve pedestrian and vehicle safety, upgrade the existing pedestrian access (being used for commercial vehicles) and the creation of a new footway and pedestrian drop kern access on Woodilee Road), the Roads Development Service have no objections to the revised proposals subject to conditions. 7. Representations 7.1 A total of 51 objections (including multiple representations from a single household and multiple representations from the same individual) were received during the neighbour notification period and advertisement of this application. The Newarthill Community Council has objected to this application. 7.2 In summary, the objections to this application raise concerns in the following areas: • The access being used by the applicant was not intended for vehicles and is for pedestrians only. • A pedestrian footway is being used for vehicles. • There is no need for the yard in this location as it isn’t necessary for the operation of the adjacent take away. • The 2m high fence obscures the vision of vehicles and pedestrians on both sides of the footway and is a health and safety issue. • The vehicle access is directly opposite to an existing public parking area making parking more difficult and will impact road and pedestrian safety. • Concerns regarding the types of items being stored within the portacabins. • The use of the portacabins as residential accommodation. • The loss of the open grassed area and mature tree. • The detrimental visual impact of the fencing and portacabins on the village. • Potential drainage issues within the site onto the public footway and road. • The location of the proposed new pedestrian dropped kerb should be amended as it located too close to the existing speedbump on Woodilee Road. • A lamppost will need to be removed due to the new pedestrian dopped kerb and footway. • Inward swinging gates are required. • If this application is approved, all works should be undertaken with a conditioned time frame. • The portacabins are mounted on blocks. • The drawings submitted only show two parking spaces within the yard. Two further spaces have been created adjacent to the takeaway building. 7.3 Other issues were raised however they are not material planning considerations. They include impacts on the local communities (particularly children’s) physical and mental health due to the loss of the grassed area, food health and safety issues, the loss or reduction of property values, fly tipping on Woodilee Road, ongoing vermin issues, and the lack of respect by the applicant towards the council and the local community by the applicant by undertaking works they should have/would have known required planning permission. Page 52 of 78
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7.4 Comments were made relating to the council’s approach to planning enforcement including the ability for retrospective applications to be submitted following a breach of planning. Objectors to this application strongly disagree with the ability of developers to submit retrospective applications seeking to regularise developments which have been completed without necessary planning consents. Objectors to this application also believe that the applicant should be ordered to remove the development in full and reinstate the grassed area and trees should this application be refused. 8. Planning Assessment 8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 states that a planning application should be assessed against the relevant Development plan policies unless material consideration indicate otherwise. In this case, the proposal is not of strategic significance and as such, should be assessed in terms of the relevant local plan policies. 8.2 The National Planning Framework (NPF4) is a long-term plan for Scotland that sets out where development and infrastructure is needed. NPF4 sets out policies in relation to creating a sustainable place, a liveable place, and a productive place. It is considered that there is no conflict between the policies and aims of NPF4 and the policies set out within the North Lanarkshire Local Development Plan 2022 with regard to the proposed development. There are no NPF4 policies that would affect or change the local development plan polices in this case. Therefore, the proposal will be assessed under the policies of the North Lanarkshire Local Development Plan 2022 8.3 The application site is designed as being within the Local Centre of Newarthill under policies PP 1C and AD 1C. These policies set out that the council will encourage a range of uses and a level of development in these centres to meet the needs of their localities, whilst directing significant footfall generating uses in line with the Town Centres First Principle. Applications for planning permission for new development will be assessed for their implications related to the amount of development proposed. The need for an assessment depends on the combination of type (use class), scale and location of development. 8.4 Environmental and Design Qualities EDQ 1 and 3 are also applicable. EDQ 1 Site Appraisal requires any development to be appraised in terms of the site and its surroundings to ensure it will integrate successfully into the local area and avoid harm to neighbouring amenity. This appraisal address matters such as design, massing, topography, transportation aspects, biodiversity of plants and wildlife. EDQ 3 Quality of Development sets out that development will only be permitted where high standards of site planning and sustainable design are achieved. Aspects such as siting; overall layout; density; form; scale; height; massing; proportion; detailing; colour; materials for the proposed development need to be considered. Policy EDQ 3 also includes aspects related to creating areas which is safe for all road users with appropriate parking included within the development. The assessment of and (where necessary) the mitigation of pollution impacts is also included within policy EDQ 3. 8.5 The applicant seeks retrospective planning permission for the change of use of the application site from an area of open green space to a yard which will primarily be used for the storage of building/construction material, parking and the storage of non-food items associated with the adjacent Panda Villa takeaway. The applicant also proposes compensatory measures including the creation of new footway and a new pedestrian drop kerb access and to upgrade the existing pedestrian access to a commercial access at their cost. The fencing installed on site will be reduced, a portacabin will be relocated within the site and gates will be installed as a response to concerns raised by planning. 8.6 With regard to policies PP 1C and AD 1C, Local Centres provide a range of services and opportunities that reflect the communities they serve. The application site is located within a Local Centre adjacent to retail and other commercial uses. The types of uses which are considered to be acceptable (subject to assessment) within a Local Centre include the use of land for business and for storage. It is considered that the use of the application site as a yard with storage and parking is acceptable as part of the Local Centre given its limited impact and scale. 8.7 In relation to policies EDQ 1 the applicant has submitted architectural drawing detailing the existing application site and the proposed development which includes the proposed upgrade to the existing pedestrian access, new footway and pedestrian dropped kerb, relocation of a portacabin and fencing Page 53 of 78
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and gates. The applicant has also provided additional operational information. 8.8 With regard to policy EDQ 3, the loss of the well-kept area of grassed open space and mature tree within the application site is unfortunate given its positive impact on the amenity of the Local Centre and Woodilee Road. Although the other grassed areas along Woodilee Road are owned by the council, the application site is in private ownership by the applicant. The application is not located within a Conservation Area nor were the trees within the application site covered by a Tree Preservation Order. Specific permission from Planning to remove this tree was not required. 8.9 It is considered that the limited scale of the development and the screening of the yard and its contents by the perimeter fencing and proposed gate will reduce the potential adverse impact on the visual amenity of the site. Whilst the overall amenity of the area to High Street/Woodilee Road has been impacted due to the removal of the previously grassed area and mature tree, the impact on amenity would not be so significant as to warrant a refusal in this case. 8.10 In terms of the transportation and parking aspects of policy EDQ 3, the Roads Development Service have been consulted and have provided comments regarding the proposed development. The Roads Development Service has advised that they have no objections to the proposed development subject to conditions relating to the submission of additional detailed design information for the proposed upgraded commercial assess, the new footway and pedestrian access, the reduction in the height of the perimeter fencing and the relation of one of the portacabins on site. The Roads Development Service has also advised that drainage facilities must be provided to prevent water discharging onto the carriageway or footway of Woodilee Road. The applicant intends to provide these amendments to the existing fencing, access and layout of the site at their own expense. Similarly, the creation of a new footway and pedestrian access will also be at their own expense. 8.11 It is considered that the proposed compensatory measures and amendments to the yard layout and fencing will impact sightlines for both pedestrians and drivers, reducing and mitigating any impact the development has on road and pedestrian safety. 8.12 Any permission for this development will include conditions which will require the submission of all necessary details (for the approval of planning) in relation to the upgraded access, new footway and pedestrian access, site layout amendments, the reduction in fence height and the gate which is to be installed. A timetable will be included within these conditions for the submission of information to planning for approval and the completion of works on site. Any such timescale will need to be reasonable to enable the applicant to submit necessary details for approval by planning, the application and granting of other necessary consents, outside that of planning permission and for the satisfactory completion of works. 8.13 The Roads Development Service has further advised that a Road opening permit (Section 56) is required for the works to Woodilee Road. 8.14 Taking into account the assessment above it is considered that the proposed development would be consistent with policies PP 1C, AD 1C, EDQ 1 and EDQ 3 of the North Lanarkshire Local Development Plan 2022. 8.15 As it is considered that the proposed development is complies with development plan policy and in particular policies PP 1C, AD 1C, EDQ 1 and EDQ 3, this application should be approved in accordance with Section 25 unless there are any other material considerations that suggest it should be refused. Material Considerations 8.16 Fifty-one objections have been received during the neighbour notification and advertisement of this application with the majority of objections been submitted using a standardised letter template. A summary of these objections is detailed above. 8.17 The objections received primarily relate to the loss of the grassed open space and mature tree within the application site and its impact on the visual amenity of the area, driver and pedestrian safety, potential flooding and drainage issues, the provision of parking spaces and the appearance and use Page 54 of 78
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of the portacabins. 8.18 With regard to the loss of the area of open space and removal of the mature tree within the application site, the application site is privately owned and is bounded by three public footways. The areas of open space to the north and south of the application site are owned by the council. It is considered that whilst the loss of this area of open space is unfortunate given that it previously positively contributed to the amenity of the local area, the loss of open space is limited, and a large area of open space remains. The impact of this loss of open area is not so significant that it would warrant a refusal in this case. 8.19 The applicant has constructed a 2m high fence to the perimeter of the application site. Following concerns being raised by the council and by the objectors regarding the potential reducing of visibility and the possible impacts on drivers on Woodilee Road and pedestrian users of the footways due to the heigh of the fence, the applicant has proposed to reduce the height of part of this fence to 1m and relocate one of the portacabins from the boundary with Woodilee Road (as shown on drawing 22-AV- PS-SP-01 Revision D). The applicant also intends to erect inward swinging gates to the site access, to improve the security of the site and reducing any health and safety issues with members of the public (especially children) entering the site. A condition requiring these works (including the relocation of a portacabin) to be undertaken will also be attached to any permission. 8.20 As part of the applicant’s use of the yard for storage, the pedestrian dropped kerb leading from the existing footways to cross Woodilee Roads has been used for vehicles to enter and leave this site. Following concerns being raised by the council and by the objectors regarding the possible impact on pedestrian safety due to the use of this pedestrian drooped kerb by vehicles, the applicant has proposed to create a new pedestrian access and connecting footway, to compensate for the loss of the existing access. As the access being used by the applicant was not designed to be used for vehicles the applicant also proposes to upgrade this existing access to a 5m wide vehicle access with footway. These works will be undertaken at the applicant’s expense. The construction of these accesses must be in in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority. Conditions relating to the submission of the specification of these works (including drainage provision) as well as the full implementation of approved works will be attached to any permission. 8.21 Concerns regarding the visual appearance of the yard, the appearance and use of the portacabins and lack of security gates has been raised by the objectors. It is considered that the reduction of the height of the fencing adjacent to Woodilee Road, the relocation of portacabin and the installation of gates will reduce the visual impact of the development and partially screen the yard from view. 8.22 The applicant has advised that the portacabins are not being used for residential accommodation, for the storage of food or for the storage of hazardous materials. The council’s Pollution Control Service has not raised any concerns regarding the proposed storage provision on site. It is the responsibility of the applicant to ensure that their property is safe and security and does not present a hazard to the public. Although the applicant has stated within the application that the storage would not include food stuffs, there would be no planning restrictions in place to prevent such storage from taking place. In particular, issues relating to food safety and hygiene would be covered by environmental health legislation and not through the planning process. 8.23 With regards to the provision of parking within the application site, drawing 22-AV-PS-SP-01 Revision D shows the specific provision of two spaces within the yard area. There are two further spaces within the application site adjacent to the existing takeaway which are accessed via the existing car part accessed from High Street. 8.24 It is considered that the concerns raised by objectors, whist important, do not represent material considerations that are so significant that would warrant a refusal in this case. 9 Conclusions 9.1 To conclude, the proposed development is considered acceptable in this existing Local Centre and would not unacceptably impact on the wider established amenity of the area. It would also not have Page 55 of 78
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a significant impact on roads and traffic following the full implementation of the proposal development. Any impacts would not be such that would warrant a refusal in this case. 9.2 As there are no additional material considerations to be taken into account that determines that the development plan should not prevail, the proposed development is considered consistent with policies PP 1C, AD 1C, EDQ 1 and EDQ 3, and should be granted permission with conditions. Page 56 of 78
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Application No: 22/01261/PPP Proposed Development: Industrial Development with Associated Landscaping, Access, Parking and Infrastructure. Site Address: Land At Grayshill Road Westfield Cumbernauld Date Registered: 9th November 2022 Applicant: Carnethy Developments Limited 6 St Colme Street Edinburgh EH3 6AA Agent: Steven Black JLL 7 Exchange Crescent Conference Square Edinburgh EH3 8LL Application Level: Major Application Contrary to Development Plan: No Ward: 02 Cumbernauld North Danish Ashraf, Tom Fisher, Alan Masterton and Gordon Currie. Representations: No letters of representation received. Recommendation: Grant Reasoned Justification: The proposed development is considered to accord with the relevant policies within the Local Development Plan and NPF4. The development can be accommodated without detriment to the Westfield Industrial and Business Park and wider surrounding area. Page 57 of 78
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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: 22/01261/PPP Name (of applicant): Carnethy Developments Limited Site Address: Land At Grayshill Road Westfield Cumbernauld Development: Industrial Development with Associated Landscaping, Access, Parking and Infrastructure. Page 58 of 78
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Detailed planning permission conditions:- applicable to Units 1-4 (Inclusive) (Phase 1 - units 1 and 2) (Phase 2 – units 3 and 4) as identified on drawing no 220104-002K 1 That as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing nos:- 220104-000, 2201043-002K, 220104-100D, 220104-105, 220104-110A, 220104-120A, 220104-121A, 220104-122A, 220104-150A, 220104-151A, 220104-160A, 4575-QCL-XX-XX-DR-C-5201 P02, 4575-QCL- XX-XX-DR-C-5202 P01, 4575-QCL-XX-XX-DR-C-5203 P01, 4575-QCL-XX-XX-DR-C-5204 P01 and WIE-RYB- XX-XX-DR-E-6301. Reason: To clarify the drawings on which this approval of permission is founded. 2. That unless otherwise agreed in writing by the Planning Authority details of the proposed finishing materials for the buildings shall be submitted to and approved in writing by the Planning Authority prior to commencement of works on site. as described on the relevant elevation drawings. Reason: In the interests of the visual amenity of the site and surrounding area, and to enable the Planning Authority to consider these aspects in detail. 3. That unless otherwise agreed in writing, before commencement of works on site, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site. Reason: To ensure the provision of suitable planting in the interests of the amenity of the site. 4. That the landscaping as approved under condition 3 above shall be implemented in accordance with a timetable to be submitted for the written approval of the Planning Authority. Furthermore, the landscaping shall be maintained in accordance with a maintenance schedule to be submitted for the written approval of the Planning Authority prior to commencement of work on site. Reason: To ensure the provision of suitable planting in the interests of the amenity of the site. 5. That unless otherwise agreed in writing, prior to commencement of works on site, details of all proposed boundary fencing shall be submitted for the written approval of the Planning Authority and the said boundary fencing shall be implemented to the satisfaction of Planning Authority prior to the operation occupation of the approved development. Reason: To enable the Planning Authority to consider these aspects in detail in the interests of health and safety. 6. That should development not have commenced within one year of the date of the Preliminary Ecological Appraisal (PEA) dated the 12th of July 2022 produced by ITP Energised, an updated PEA shall first be submitted to, and approved in writing by the Planning Authority. Should this survey identify evidence of protected species within the site and require any mitigation measures, these measures shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site. Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007. Page 59 of 78
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7. That prior to commencement of works on site and unless otherwise agreed in writing by the Planning Authority, and notwithstanding the terms of condition 3 above, the applicant shall submit a plan illustrating proposed biodiversity enhancement measures within the site and an implementation timetable to be approved in writing by the Planning Authority, thereafter all such works shall be implemented in accordance with approved timetable and to the satisfaction of the Planning Authority. Reason: To ensure a Biodiversity enhancement in line with recommendations of the PEA. 8. That unless otherwise agreed in writing by the Planning Authority, clearance of the site should take place outwith the bird breeding season (March to September). If this is not possible, an experienced ecologist is required to inspect the site to check for nesting birds 24 hours before work commences. If any nesting birds are identified, then these habitats must not be disturbed until all chicks have fledged. Reason: To comply with the provisions of the Wildlife and Countryside Act 1981. 9. No development shall take place within the development area until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of investigation which has been submitted by the applicant agreed by the Archaeological Service and approved by the Planning Authority. For guidance, a supporting response should be characterised by the following :- a) 1/ 5% ground breaking evaluation of that portion of the development area. b) 2/ If this exercise identifies sites or objects of merit there should be proposals for further works potentially including excavation, publication and archiving. Reason: To ensure that archaeological potential is fully assessed. 10. That the surface water drainage scheme as described in report titled Flooding, Drainage and Surface Water Strategy produced by Quattro and as shown on approved drawings nos. 4575-QCL-XX-XX-DR-C- 5201 P02, 4575-QCL-XX-XX-DR-C-5202 P01, 4575-QCL-XX-XX-DR-C-5203 P01 and 4575-QCL-XX-XX-DR-C- 5204 P01 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant ClRlA Manual and the approved plans. Reason: To safeguard adjacent watercourses and groundwater from pollution. 11. That PRIOR to the occupation of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development. Reason: To ensure the provision of satisfactory drainage arrangements. 12. That unless otherwise agreed in writing by the Planning Authority, and notwithstanding the details as illustrated on approved drawing 220104-002K, the following points shall be adhered to :- 1. access points 01 and 03 along Grayshill Road will have 9 metre corner radii. 2. The proposed access road leading into phases 1 and 2 shall be designed to industrial access road standards, e.g. 7.3 metres wide; visibility splay of 4.5m x 25 m at internal junctions assuming design speeds of 20 mph; stopping site distance of 25 m; max gradient5%; min gradient 0.8%; min horizontal curve 25 m. 3. One additional disabled parking space shall be provided for unit 4. 4. The footway west of unit 5 shall be included in Phase 2 in order to provide continuous access to unit 4. 5. Prior to construction commencing, a drawing should be provided showing safe walking routes leading from all parking areas to the associated Units to ensure pedestrian safety within the parking areas / yards Page 60 of 78
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6. The applicant shall undertake a swept-path analysis to ensure the various types of vehicles/HGV’s anticipated to use the site can access and egress the various units and manoeuvre within the site Reason: To comply with current standards and to ensure satisfactory access arrangements to the site in the interests of vehicular and pedestrian safety. 13. That prior to the commencement of construction works on site, the applicant shall submit details of the required elements as identified in condition 12 above for the written approval of the Planning Authority. Reason: To comply with current standards and in the interests of road safety. 14. Notwithstanding the details as illustrated on approved drawing 220104-002K, all required elements as described in condition 12 above shall be implemented to the satisfaction of the Planning Authority prior to the occupations of the units hereby approved. Reason: To comply with current standards and in the interests of road safety. 15. That unless otherwise agreed in writing by the Planning Authority, before commencement of development, details of the finishing materials for the development road, parking bays and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority. Reason: In the interests of the visual amenity of the site. 16. That unless otherwise agreed in writing, prior to the installation of fixed plant, exact details of the fixed plant to be installed on the site shall be submitted to and approved in writing by the Planning Authority and thereafter implemented in accordance with the details approved under the terms of this condition. For the avoidance of doubt, plant shall be selected to ensure non-tonal equipment is installed. Reason: To enable the Planning Authority to consider these aspects in detail. 17. That unless otherwise agreed in writing, the noise associated with the fixed plant shall not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 23.00 hours and N.R.C. 25 at all other times. Reason: To ensure that the noise associated with the development will be within acceptable limits. 18. That prior to the commencement of development a Construction Management Plan (detailing site access, site compounds etc) and a Dust Management Plan to address potential dust on the local environment during the construction phase shall be submitted to and approved in writing by the Planning and thereafter implemented in accordance with the details approved under the terms of this condition. Reason: To ensure the local environment is suitably protected from dust during the construction phase. 19. That unless otherwise agreed in writing by the Planning Authority, that before works commence on site, a site investigation must be carried out in accordance with the British Standard Code of Practice BS 10175: 2011 “The Investigation of Potentially Contaminated Sites”. The report must include a site- specific risk assessment of all relevant pollution linkages, carried out in accordance with the Environment Agency publication, Model Procedures for the Management of Land Contamination CLR11, and be submitted in both hard copy and electronic format. Depending on the results of this investigation a detailed remediation strategy may be required. Any remediation work required must be completed and verification provided by the developer to the Local Authorities satisfaction. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 20. That any remediation works identified by the site investigation required in terms of Condition 19 shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a responsible Page 61 of 78
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Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future occupants. 21. Duration of Permission That the planning permission hereby granted shall lapse on the expiration of a period of 3 years from the date of the Decision Notice, unless the development has started within this period. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997. Planning permission in principle conditions:- applicable to Phase 3 as identified and hatched blue on drawing 220104-002K 1. That before development starts, a further Matters Specified by Conditions application(s) shall be submitted to the Planning Authority in respect of the following matters :- (a) the siting, design, external appearance and configuration of the proposed units; (b) the means of access; (b) the design and location of all boundary walls, retaining walls and fences, (c) details of existing and proposed plot site levels; (d) details of drainage works for the site. (e) Landscaping including tree retention. (f) Biodiversity enhancement measures. Reason: To enable the Planning Authority to consider these plot proposals in detail. 2. For the avoidance of doubt, the layout shown for units 5-7 (inclusive) (Phase 3) as hatched blue on drawing no 220104-002K is for illustrative purposes only. Reason: In the interests of clarity. 3. For the avoidance of doubt, any subsequent application (s) shall take cognisance of the required 20 metre ‘no build zone’ perpendicular to the overhead power lines at the eastern end of the site. Reason: In the interests of safety and amenity. 4. That should development not have commenced within one year of the date of the Preliminary Ecological Appraisal (PEA) dated the 12th of July 2022 produced by ITP Energised, an updated PEA shall first be submitted to, and approved in writing by the Planning Authority. Should this survey identify evidence of protected species within the site and require any mitigation measures, these measures shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site. Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007. 5. That any subsequent MSC application (s) shall include a plan illustrating proposed biodiversity enhancement measures within the site and an implementation timetable to be approved in writing by the Planning Authority, thereafter all such works shall be implemented in accordance with approved timetable and to the satisfaction of the Planning Authority. Reason: To ensure a Biodiversity enhancement in line with recommendations of the PEA. 6. That unless otherwise agreed in writing by the Planning Authority, clearance of the site should take place outwith the bird breeding season (March to September). If this is not possible, an experienced ecologist is required to inspect the site to check for nesting birds 24 hours before work commences. If any nesting Page 62 of 78
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birds are identified, then these habitats must not be disturbed until all chicks have fledged. Reason: To comply with the provisions of the Wildlife and Countryside Act 1981. 7. No development shall take place within the development area until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of investigation which has been submitted by the applicant agreed by the Archaeological Service and approved by the Planning Authority. For guidance, a supporting response should be characterised by the following :- a) 5% ground breaking evaluation of that portion of the development area. b) If this exercise identifies sites or objects of merit there should be proposals for further works potentially including excavation, publication and archiving. Reason: To ensure that archaeological potential is fully assessed. 8. That unless otherwise agreed in writing by the Planning Authority, that before works commence on site, a site investigation must be carried out in accordance with the British Standard Code of Practice BS 10175: 2011 “The Investigation of Potentially Contaminated Sites”. The report must include a site- specific risk assessment of all relevant pollution linkages, carried out in accordance with the Environment Agency publication, Model Procedures for the Management of Land Contamination CLR11, and be submitted in both hard copy and electronic format. Depending on the results of this investigation a detailed remediation strategy may be required. Any remediation work required must be completed and verification provided by the developer to the Local Authorities satisfaction. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 9. That any remediation works identified by the site investigation required in terms of Condition 8 shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a responsible Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future occupants. 10. That unless otherwise agreed in writing by the Planning Authority, and notwithstanding the terms of condition 1 above, any subsequent MSC applications for Phase 3 shall include the following details:- a) access points 04 and 05 along Grayshill Road shall have 9 metre corner radii. b) The proposed access road leading for proposed units 6,7 and 8 shall be designed to industrial access road standards, e.g. 7.3 metres wide; visibility splay of 4.5m x 25 m at internal junctions assuming design speeds of 20 mph; stopping site distance of 25 m; max gradient5%; min gradient 0.8%; min horizontal curve 25 m. c) A drawing should be provided showing safe walking routes leading from all parking areas to the associated Units to ensure pedestrian safety within the parking areas / yards. d) The applicant shall undertake a swept-path analysis to be submitted with any MSC applications to ensure the various types of vehicles/HGV’s anticipated to use the site can access and egress the various units and manoeuvre within the site. Reason: To comply with current standards and in the interests of road safety 11. Duration of Permission That the development to which this permission in principle relates must be begun not later than the expiration of 5 years beginning with date on which the permission is granted. If development has not Page 63 of 78
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begun at the expiration of this period, the planning permission in principle lapses. Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. Background Papers: Consultation Responses: Scottish Power Environmental Planning received 10.11.22. Scottish Water received 11.11.22. The Coal Authority received 17.11.22. National Grid Plant Protection no response NLC Archaeology Service received 23.11.22. NLC Environmental Health (including Pollution Control) received 25.11.22. NLC Greenspace received 25.01.23. NLC Traffic & Transportation received 14.03.22. Contact Information: Any person wishing to inspect these documents should contact Paul Williams at 01236 632500 Report Date: 20th March 2023 Page 64 of 78
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APPLICATION NO. 22/01261/PPP REPORT 1. Site Description 1.1 The application site lies within Westfield Industrial Estate in Cumbernauld and is a bespoke Class 4, 5 and 6 Business development site that has remained undeveloped. The site covers an area of 7.55 Acres and is generally rectangular in nature running east to west and is accessed and bound to the north by Grayshill Road, to the south by Westfield Road and to the east and west by existing class 4,5 and 6 units similar to those proposed within this application. The site is characterised by grass and self-seeded scrubland and generally slopes downwards from north to south with a distinct and robust tree belt tree belt along the steeply sloping southern boundary as well as along the eastern boundary. Overhead, National Grid power lines and associate pylons run along the eastern edge of the site and as such, there is a 20 metre ‘no build zone’ perpendicular to the cables. 2. Proposed Development 2.1 Although this application is a PPP (Planning Permission in Principle), it is effectively a ‘Hybrid’ application as the applicant seeks detailed Planning Permission for units 1-4 (Inclusive) with units 1 and 2 forming Phase 1 of the proposal and units 3 and 4 being Phase 2 of the proposal. Planning Permission in Principle is sought for that part of the site occupied by proposed units 5-7 (Inclusive) forming part of Phase 3 of the overall proposal. The applicant favoured this approach in order to have future market flexibility in terms of Phase 3 of the development. 2.2 The proposed units are all of typical portal steel frame construction with shallow dual pitched roofs and of a similar nature to existing surrounding business premises with eave heights of approximately 10 metres. The proposed floor areas are as follows:- Unit 1 (10,116 sq ft), Unit 2 (10,979 sq ft), Unit 3 (17,222 sq ft), Unit 4 (16,15,607 sq ft) with the proposed units as illustrated within the Planning Permission in Principle Phase 3 part of the site ranging from 15,000 – 17,500 sq ft approx.) 3. Applicant’s Supporting Information • Design and Access Statement produced by Block 9 Architects. • Phase 1 Desk Top Study and Coal Mining Risk Assessment produced by Arc Environmental dated October 2022. • Flood Risk Assessment produced by Kaya Consultants dated September 2022. • Flooding, Drainage and Surface Water Strategy produced by Quattro Consult. • Planning Statement produced by JLL dated October 2022. • Noise Impact Assessment produced by RMP dated October 2022. • Pre -Application Consultation Report produced by JLL dated October 2022. • Preliminary Ecological Appraisal produced by ITP Energised July 2022. • Sustainability Report produced by RYBKA dated October 2022. • Transport Assessment produced by Transport Planning dated October 2022. 4. Site History • 22/00503/PAN Proposed industrial development with associated landscaping, access, parking and infrastructure • 22/00971/EIASCR Proposed Industrial Development with Associated Landscaping, Access, Parking and Infrastructure • 08/01698/FUL – 5 No Warehouse units (73,000 sq ft in total) Approved – never implemented. 5. Development Plan 5.1 National Planning Framework 4 (NPF4), adopted on the 13th February 2023 forms part of the Development Plan and is required to be taken account when determining planning applications. In circumstances where there are differences between NPF4 and the adopted North Lanarkshire Local Page 65 of 78
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Development Plan (NLLDP), it should be noted that the NPF4 policy position will supersede the policies in the NLLDP 5.2 In terms of NPF4, Policy 26 (Business and Industry) states that Development proposals which contribute to local or regional community wealth building strategies and are consistent with local economic priorities will be supported and that the development of allocated sites will be supported. 5.3 Other relevant policies within NPF4 are Policy 3 Biodiversity Enhancement, Policy 5 Soil Management, Policy 6 Woodland Management, Policy 9 Vacant and derelict land, Policy 14 Design Quality and Place, Policy 22 Flood Risk and Water Management 5.4 The recently adopted North Lanarkshire Local Development Plan 2022 Identifies the site as being within a Business Centre and is part of a specifically identified development site (NLN00448). Placemaking Policy PP2A (Strategic Business Centres) applies which specifically promotes the development of Class 4 Business, Class 5 General Industrial and Class 6 Storage and Distribution. Policy AD 2A relates to the amount of such development and in this case no assessment of the amount of development is required for the above uses. 5.5 Environmental and Design Policies EDQ 1 (Site Appraisal) and EDQ 3 (Quality of Development) are also relevant the assessment of the proposed development. 6. Consultations 6.1 NLC Traffic & Transportation has advised that the proposed layout for phases 1 and 2 is generally acceptable subject to the application of certain planning conditions. NLC Traffic & Transportation has also advised regarding aspects required with any forthcoming MSC applications, which can be similarly conditioned. 6.2 Scottish Power has expressed no objection in principle and Scottish water has provided standard comments. 6.3 The Coal Authority original has expressed no objections to the proposal as the site lies within a low risk area. 6.4 NLC Protective Services (including Pollution Control) has made comment regarding the Construction Noise Impact Assessment and is satisfied with findings of the Phase 1 desktop assessment and has advised regarding the imposition of appropriate conditions. 6.5 NLC Greenspace has concurred with findings of the Preliminary Ecological Assessment (PEA) and has recommended the imposition of a condition that requires that a Biodiversity Enhancement/landscaping plan is submitted and when approved by the Planning Authority implemented. Greenspace has also recommended conditions relating to bird protection. 6.6 The Archaeology Service has recommended that a Written Scheme of Investigation is submitted for the approval of the planning authority and the approved investigation carried out and reported to the satisfaction of the planning authority prior to any construction works on site. 7. Representations 7.1 No letters of representation have been received as a result of neighbour notification received as a result of neighbour notification or the advert placed in the Cumberrnauld News on 23.11.2022. 8. Planning Assessment 8.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, Planning Authorities are required that in determining planning application proposals, where regard is to be had to the Development Plan, determination should be in accordance with this Plan unless material considerations indicate otherwise. In this instance, the site is within a recognised and bespoke development platform recognising the acceptable principle of Classes 4, 5 and 6. This ‘Hybrid’ application nevertheless requires to be assessed against the relevant policies in NPF4 and the Local Page 66 of 78
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Development Plan and any relevant material considerations. 8.2 The submitted Flood Risk Assessment concludes no risk and recommends the implementation of the Drainage Strategy and Associated drawings which can be imposed by appropriate planning conditions 8.3 NLC Protective Services concurs with the findings of the submitted Phase 1 Desktop survey which concludes low risk and has advised regarding the imposition of appropriate conditions. NLC Greenspace concurs with the PEA subject to biodiversity enhancement and bird protection conditions. 8.4 NLC Traffic & Transportation has advised that the proposed layout for phases 1 and 2 is generally acceptable subject to the application of certain planning conditions. NLC Traffic & Transportation has also advised regarding aspects required with any forthcoming MSC applications, which can be similarly conditioned. 8.5 In terms of the relevant policies within NPF4, it is considered that the proposal complies with the following policies - Policy 3 Biodiversity Enhancement as this forms part of the proposal, Policy 5 Soil Management as it has no impact on prime agricultural land, Policy 6 Woodland Management as the proposal contains this element, Policy 9 Vacant and derelict land as the proposal is to develop a vacant site, Policy 14 Design Quality and Place as it is considered that the design of Phases 1 and 2 is acceptable, Policy 22 Flood Risk and Water Management as the Flood Risk Assessment and associated management plan is acceptable and the proposal complies with Policy 26 Business and Industry as the application site is a site allocated and purposed for the proposed development. 8.6 The North Lanarkshire Local Development Plan 2022 Identifies the site as being within a Business Centre and is part of a specifically identified development site (NLN00448). Placemaking Policy PP2A (Strategic Business Centres) applies which specifically promotes the development of Class 4 Business, Class 5 General Industrial and Class 6 Storage and Distribution. This ‘Hybrid’ application accords with the principle of this policy. Furthermore, in terms of design and scale, the proposed detailed layout for phases 1 and 2 is considered to be acceptable and therefore compliant with Environmental and Design Policies EDQ 1 (Site Appraisal) and EDQ 3 (Quality of Development). Furthermore, the principle for the phase 3 development is acceptable and all proposed phases are compliant with the Development Plan and the aims of NFP4. 9. Conclusions 9.1 It is therefore considered for the above reasons that the proposed development is acceptable in policy terms. This application is therefore recommended for approval subject to the imposition of appropriate planning conditions. Taking the above assessment into account it is considered that the proposed layout for phases 1 and 2 represents an acceptable development and the proposed Phase 3 element accords in principle with relevant policies. It is further considered that the proposed development accords with the provisions of NPF4 and of the North Lanarkshire Local Development Plan with no other material considerations to the contrary. There are no objections from consultees subject to conditions. It is therefore recommended that planning permission be granted subject to conditions. Page 67 of 78
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Application No: 23/00030/CNS Proposed Development: Installation of Battery Energy Storage Facility & Associated Access and Infrastructure Site Address: Whitehill Farm Coatbridge Road Gartcosh G69 8DT Date Registered: 11th January 2023 Applicant: Intelligent Land Investments Group Plc 33 Bothwell Road, Hamilton ML3 0AS Agent: The Scottish Government Energy Consents Unit 5 Atlantic Quay 150 Broomielaw Glasgow G2 8LU Application Level: Other Application Level Contrary to Development Plan: No Ward: 06 Gartcosh, Glenboig And Moodiesburn Greg Lennon,Michael McPake,Joanne Katy Keltie, Representations: 0 letter(s) of representation received. Recommendation: Reasoned Justification: The proposed development is supported through the National Planning Framework (4). The proposal includes substantial tree and earth bund screening to prevent a significant and detrimental impact on the landscape value and the Green Belt in this area. There is a specific locational requirement and Battery Energy Storage in general is deemed to be of importance nationally in securing our energy system. Page 68 of 78
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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: 23/00030/CNS Name (of applicant): Intelligent Land Investments Group Plc Site Address: Whitehill Farm Coatbridge Road Gartcosh G69 8DT Development: Installation of Battery Energy Storage Facility & Associated Access and Infrastructure Page 69 of 78
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The Council should respond to this Scottish Government consultation indicating no objection but provide the following comments and recommend they consider the inclusion of the following planning conditions on any consent issued by them:- Comments: 1. The site would take access off a derestricted section of the A752 Coatbridge Road. Typically this would require a visibility splay of visibility of 4.5m x 215m. Traffic speed surveys shows the 85th percentile speeds to be 78.4kph. The DMRB guidance CD109 provides values for the minimum Stopping Sight Distance (SSD) at speeds of 85kph and 70kph. The desirable minimum stopping sight distance (SSD) at 85kph is 160m. The ‘one step below desired minimum’ value is 120m, which is the desired minimum for 70kph. The applicant has proposed a distance of 144m, which lies between these values, but added that a greater distance could be provided. Given the likelihood of relatively low usage of this access, the proposed 144m is deemed acceptable, but it is recommended that every effort is made by the applicant to provide a greater distance in the interest of improving road safety at this access. 2. The effective and early screening of the site is considered to be critical to ensure the development is successfully integrated to the surrounding landscape. Consideration should be given to the formation of the landscape bunds and the implementation of the landscaping scheme at an early stage and where possible in advance of construction works taking place. If the proposed planting could be extended to include the areas highlighted on the attached plan this may further assist in the screening of the development. We would recommend that an extended aftercare period for the landscaping scheme would be appropriate but 5 years should be the minimum. Finally, the species and size of plants to be utilised in the landscaping scheme will be critical to ensuring the early establishment of the screening for the site. 3. Our constraints system has highlighted that there is a small piece of ‘Unknown Filled Ground’ situated to the far southern boundary of the site a watching brief should be kept for any deleterious or odours materials during the site works and any instances should be reported to NLC Protective Services as soon as practicably possible. 4. Should consent be granted it may be necessary to update the Ecological report prior to commencing on site. Suggested conditions: 1. Within the visibility splays to be established on either side of the site access nothing higher than 1.05m above carriageway channel level shall be planted, placed, or be positioned within these splays including existing vegetation. Reason: In the interests of safe access egress from the public road network. 2. That before development starts, a Traffic Management Plan for both construction and post construction phases shall be submitted to, and approved in writing by, NLC Traffic & Transportation Service and Transport Scotland. This should include swept path analysis demonstrating that construction vehicles and vehicles delivering the likes of plant, equipment, temporary buildings and the containers can safely navigate the 90 degree bend immediately beyond the site access. Reason: In the interests of safe access egress from the public road network. 3. That all works included in the scheme of landscaping and planting detailed on plan labelled ‘Landscaping Proposals’, shall be completed in accordance with the details of said plan and the agreed phasing and implementation timetable. Within the five years following the completion of the development any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased shall be replaced within the following year with others of a similar size and species. Reason: In the interests of the visual amenity of the area. Page 70 of 78
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Background Papers: Consultation Responses: NLC Traffic & Transportation 24th February 2023 NLC Protective Services 20th March 2023 Contact Information: Any person wishing to inspect these documents should contact Colin Bradley at 01236 632500 Report Date: 14th March 2023 Note to Committee: The Council are only a consultee in connection with this application. The application is being considered and determined by the Scottish Government Energy Consents Unit (ECU) under the terms of Section 36 of the Electricity Act 1989. The battery energy scheme is being proposed by Intelligent Land Investments Group Plc. As part of the site also falls within Glasgow City Council boundaries they are also a consultee. Page 71 of 78
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APPLICATION NO. 23/00030/CNS REPORT 1. Site Description 1.1 The proposed Battery Energy Storage Facility is situated across 2 council boundaries, North Lanarkshire Council (circa 80% of application site) & Glasgow City Council, (Circa 20% of application site), within Whitehill Farm to the south of the settlement of Gartcosh. This is within the ‘Seven Lochs Wetland Park’ to open arable / pastural farmland immediately adjacent to the M73 motorway and the A752 (Coatbridge Road). 1.2 The proposed site area measures some 12 hectares however the physical infrastructure measures circa 33% of the application site with the remaining 67% of the application being utilised to provide both substantial tree and bund screening to significantly reduce the landscape impact of the development. 1.3 The site is located directly opposite the “Easterhouse” national grid sub-station which gives the development a specific locational requirement and, to some extent, dictates the size and scale of the proposal. It is intended to connect the proposed Battery Energy Storage facility to the Easterhouse Sub-Station via an underground cable passing below the A752 Coatbridge Road. 1.4 The proposed development shall be accessed via the formation of a new access point (currently used as field access for the farmer) on the A752. NLC Traffic & Transportation have been consulted with regards to this element of the proposal to ensure that safe access and egress may be achieved. Their response is discussed at point 6.1 below. 2. Proposed Development 2.1 As indicated above, the applicant is required under section 36 of the Electricity Act 1989 to apply to the Scottish Government Energy Consents Unit (ECU) for consent to construct this development given that the total capacity of the facility would be above the prescribed limit of 20MW at some 200MW. As part of the application process, North Lanarkshire Council is a statutory consultee. 2.2 The proposed development would store electrical energy through the use of Lithium-Ion batteries this would involve the installation of batteries housed in racks, similar to server units, within bespoke shipping containers. Some 222 of these units are proposed (12m long by 2.5m wide and 2.5m high) 2.3 Alongside the bespoke containers, this application seeks permission for the following; • Transmission compound, enclosing equipment up to 10m high, bound by a steel pallisafe fence; • 1 Control building - approx. 8m by 14m and 4m in height • Stores container – 8 Shipping containers (12m long by 2.5m wide and 2.5m high) • Parking and turning area; • Two water tanks, approx. 6m in height; • Pump house; • Sustainable Drainage System (SuDS); • Landscaping and bunding Page 72 of 78
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3. Applicant’s Supporting Information 3.1 The Applicant has submitted the following drawing package to the Energy Consents Unit which include the plans as detailed below; • Location Plan; • Site Layout; • Site Layout over Ariel Photography; • Energy Storage Unit; • Landscaping Proposals; • Site Entrance; • Fencing and Security; • Power Converter / Transformer, and • Transmission Compound, Control Building and Watertank. 3.2 The applicant has further provided the following reports to the Energy Consents Unit in support of their application; • Design & Access Report; • Ecology Assessment; • Flood Risk & Drainage; • Landscape & Visual Impact Assessment; • Landscape & Visual Impact Assessment Figures; • Noise Impact Assessment; • Traffic Survey; • Screening Opinion; • Public Consultation Response, and • Supporting Document. 4. Site History • 20/01488/PAN Battery Energy Storage Facility: Containers, Meter Building, Fencing, Security Cameras, New Trees, Access – Comments Returned 23rd December 2021. • 22/00073/EIASCR Logan PM Energy Project Management - EIA Screening Request - Battery Energy Storage Facility – Comments Returned 2nd May 2022 - No EIA Required. 5. Development Plan 5.1 National Planning Framework 4 (NPF4), adopted on the 13th February 2023 forms part of the Development Plan and is required to be taken account when determining planning applications. In circumstances where there are differences between NPF4 and the adopted North Lanarkshire Local Development Plan (NLLDP), it should be noted that the NPF4 policy position will supersede the policies in the NLLDP. 5.2 On the 10th January 2023, the Cabinet Secretary for Net Zero, Energy and Transport, Mr Michael Matheson, issued a statement titled ‘Scotland’s Energy Strategy and Just Transitional Plan’ on behalf of the Scottish Government. This document sets out the strategy the Scottish Government shall employ seeking to achieve a net zero strategy and energy security, including through the means of energy storage. The development is considered to accord with this strategy. 5.3 North Lanarkshire Local Development Plan (2022) identifies the site as sitting in the Greenbelt which is covered by Policy 4 – Green Belt which features 2 elements that require to be satisfied, PP4 Purpose of Place Policy and AD4 Amount of Development Policy in the North Lanarkshire Local Development Plan (2022). Policies EDQ1-3 are also of relevance. 5.4 Policy EDQ1 Site Appraisal which states that a proposed development will be appraised in terms of the site and its surroundings to ensure it will integrate successfully into the local area and avoid harm to neighbouring amenity. The matters to be addressed in the appraisal include but are not limited to Page 73 of 78
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amongst others: • massing, height, style, finishing materials of any building or buildings on the site and surrounding Land Use Character Area • orientation and topography of the site and surrounding Land Use Character Area • mixture of uses in the Land Use Character Area • building lines, plot ratios, groupings, • types of enclosure (e.g. fences, walls, hedges), • existence and quality of connections and access including site and building entrances, roads, paths and visuals on the site and surrounding Land Use Character Area • biodiversity of plants and animals on the site and surrounding Land Use Character Area • the nature and types of features to be safeguarded or enhanced on the site and surrounding Land Use Character Area • requirement for any additional assessments on the site and surrounding Land Use Character Area 5.5 Policy EDQ2 Special Features for Consideration does not generally apply as it refers to specific features on a site or within the proximity such as Health and Safety Executive Consultation Zones, Flood Risk, Air Quality/Noise Quality Management Areas. Where Policy EDQ2 would apply is in terms of Contaminated Land. Since the area of land proposed for the Battery Energy Storage would be within previously undeveloped land which has been used for cattle grazing, NLC Protective Services have been consulted regarding whether there was need for site investigation and potential a remediation strategy, their response is discussed at point 6.2 below. 5.6 EDQ3 – Quality of Development – only permits development where high standard of site planning and sustainable design and development are achieved. This includes a number of matters appropriate to the site from the various sub paragraphs stated in Policy EDQ3 i.e. “c. Moving towards a low-carbon economy, addressing resource efficiency… …promoting co-location of existing/proposed energy sources…” 5.7 Supplementary Planning Guidance SPG 07 is also relevant to this proposal, Assessing Development in the Green Belt, which has the stated aims of directing growth to the most appropriate locations, protecting and enhancing the character, identity and landscape settings and to protect and give access to open space within and around towns and cities. This guidance indicates that the generation of power from renewable sources can be an acceptable green belt use. Although not power generation per se this development will store energy which will in large part from renewable sources including wind and solar. 6. Consultations 6.1 NLC Traffic & Transportation stated that visibility splays of 2.4m x 160m would be the ‘desired minimum value’ stopping site distance, the ‘one step below desired minimum’ value is calculated at 120m where the applicant has shown an achievable distance of 144m. As the achievable value of 144m sits between the ‘desired minimum’ value and the ‘one step below desired minimum’ value, and when considering the relatively light use of the access / egress point post construction this lower value is considered to be acceptable. It is, however, recommended that every effort be pursued to achieve the ‘desired minimum’ value of 160m. NLC Traffic & Transportation go on to state that a Traffic Management Plan should be provided with regards to the proposal in order to fully assess the impacts of the proposal. Consideration should be taken as to the practicalities of a 90 degree bend very shortly after entering the site, as such a swept-path analysis should be undertaken to show how vehicles may enter and exit site in a forwards gear. Comments and planning conditions covering these matters are recommended above. Page 74 of 78
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6.2 NLC Protective Services responded to the consultation request stating that their constraints system has highlighted that there is a small piece of ‘Unknown Filled Ground’ situated to the far southern boundary of the site. It is not considered that this shall cause any issues with regards to the development. However, it is requested that a watching brief is kept for any deleterious or odours materials during the site works and any instances reported to NLC Protective Services as soon as is reasonably practicable. The application is supported by a noise assessment that concludes there would be no issue at the closest residential properties (one being Whitehill farm who own the application site) 6.3 NLC Greenspace have not responded to the consultation request to date however the Scottish Government have consulted Nature Scot with regards to the application and they have passed their comments directly to the Energy Consents Unit (ECU). Nature Scot did not seek to object to the proposal and made a series of recommendations for the Energy Consents Unit to take forwards around Landscape impacts, Biodiversity, Protected Species and the sites designation within the ‘7 Lochs Wetland Park’. It is therefore considered that the ECU have sufficient information from Nature Scot with regards to biodiversity to allow them to determine the application without significant detriment to the ecology of the area. 6.4 The ECU have also received consultation responses from the Health and Safety Executive, Transport Scotland, The Coal Authority, Scottish Gas Networks, SEPA, Scottish Water, Network Rail and Historic Environment Scotland (HES). 7. Representations 7.1 0 letter(s) of representation received. 8. Planning Assessment Narrative of Application 8.1 This application has been made to the Scottish Government’s Energy Consent Unit (ECU) and North Lanarkshire Council, alongside Glasgow City Council and others have been consulted as statutory consultees. 8.2 The Battery Energy Storage System is intended to store excess energy, which is created in large part from renewable energy form such as wind power and solar photo-voltaic panels, directly from the national grid at times of excess energy generation and release the energy at times of high energy demand. 8.3 The size and scale of this specific proposal would be able to support the total electrical energy demands for North Lanarkshire Council area, South Lanarkshire Council area and Glasgow City Council area for a period of 2 hours. 8.4 There is a site specific requirement for this proposal to be located in this specific area due to the existing ‘Easterhouse’ National Grid Sub-Station, which is of suitable scale to accommodate the proposed Battery Energy Storage System. 8.5 The ECU has screened the development to determine whether or not an Environmental Impact Assessment (EIA) was required. The Council were asked for a view on this matter and whilst indicating that we did not feel that an EIA was required we did highlight the prominence of this site from both the M73 and the A752 Coatbridge Road and the significant impact that the development may have with regards to the Landscape in this area. The developers have responded to these concerns by supplying a detailed Landscape Impact Assessment and dedicating approximately 2/3rds of the application site to tree and earth bund screening. It is considered that the extensive screening is sufficient to allay the fears of the Planning Service and the impact of the development on the landscape shall be very significantly reduced. It should be noted that the landscaping scheme will inevitably take time to become established and over time the screening will increase with each year that passes post development. It is recommended that careful consideration be given to the species and size of plants to be utilised in the planting scheme. Page 75 of 78
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8.6 The Battery Energy Storage shall be secured from unauthorised entry through the use of a 2.5m tall, ‘Pallisafe’ mesh wire fence with a further 0.5m of horizontally strung barbed wire in 3 strands above, giving an overall height of 3.0m. This shall be complimented by security cameras to ensure surveillance of the site. The fencing will be screened by the proposed landscaping. Policy Framework 8.7 National Planning Framework 4, (NPF4) and the National Planning Policies were Adopted on 13th February 2023. This becomes the Development Plan which must be taken account of first when determining planning applications. Where there are differences between NPF4 and a Local Development Plan, (LDP), the NPF4 position has primacy and so use of NLLDP has to be shown to be justifiable. In this instance, NLLDP Policy PP4 does not list battery storage as a specific renewable energy use that is appropriate in the Green Belt, but National Planning Policy 8 does, so the application falls to be determined against the provisions of that Policy and whichever other Policies that are linked to it, i.e. Policy 11. Policy 8 of NPF 4 states that development proposals within a green belt designated within the LDP will only be supported if the comprise, amongst other criteria; • essential infrastructure or new cemetery provision; • minerals operations and renewable energy developments; • intensification of established uses, including extensions to an existing building where that is ancillary to the main use; and the following requirements are met; • reasons are provided as to why a green belt location is essential and why it cannot be located on an alternative site out-with the green belt; • the purpose of the green belt at that location is not undermined; • the proposal is compatible with the surrounding established countryside and landscape character; • the proposal has been designed to ensure it is of an appropriate scale, massing and external appearance, and uses materials that minimise visual impact on the green belt as far as possible; and • there will be no significant long-term impacts on the environmental quality of the green belt. Policy 11 of NPF 4 states development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported. These include: iii. energy storage, such as battery storage and pumped storage hydro; It is considered that the proposal complies with the principles, and align specifically policies 8 & 11, of National Planning Framework 4 8.8 This has been further re-iterated by the statement ‘Scotland’s Energy Strategy and Just Transitional Plan’, issued on the 10th January 2023 by the Cabinet Secretary for Net Zero, Energy and Transport, Mr Michael Matheson. ‘This is a time of unprecedented uncertainty in global and national energy markets. High energy prices are impacting people, communities and businesses across Scotland. These uncertainties bring even more impetus to the need to deliver a decarbonised, affordable and secure energy system.’ It is considered that the proposal conforms to the principals as laid out in Scottish Planning Policy and aligns with the sentiments of the statement by the Cabinet Secretary for Net Zero, Energy and Transport, Mr Michael Matheson, on the 10th January 2023. Page 76 of 78
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North Lanarkshire Local Plan 2022 8.9 The site is located within the Green Belt and is covered by policy PP4 which has the stated aim of protecting natural assets, providing a high quality environment and directing growth to urban areas. Notwithstanding this, Policy PP4 goes on to state of development “…that needs a Green Belt location, the need will be balanced against any adverse effects on the purposes of the Green Belt.” The assessment of the appropriateness of any development in the green belt should include but not be limited to the following: • support by a business plan, or statement justifying that the development is compatible with the Green Belt. • a statement that the proposal is not best suited to being located in a Centre, or General Urban Area, taking the Town Centres First Sequential Approach where appropriate. • a statement on the scale and nature of existing development in the Green Belt (all proposals require to satisfy the provisions of all EDQ Policies). • evidence that there is a specific locational requirement for the proposal. • evidence that the proposal will result in significant economic benefit. It is considered that the applicant has made a case in support of the chosen location in terms of there being a specific locational need and this combined with NPF4 lends support to the development. 8.10 While Policy AD4 states that new development shall be assessed for their implications related to the amount of development. In the case of renewable energy, the policy refers us to the EDQ policies along with PROM & PROT policies. 8.11 Policy PROM ID2 and policy PROT A are designed to protect areas of high landscape and ecological value including World Heritage Sites, European and RAMSAR sites, SSSI’s, Special Landscape Areas, National Nature Reserves, Garden and Designed Landscapes and Historic Battlefields. Neither of these policies are relevant to his particular Green Belt location and as such the Principal Policy within the North Lanarkshire Local Development Plan is that of PP4 and AD4, as per point 8.9 of the report above. 8.12 Polices EDQ 1, 2 & 3 seek to improve the quality of development in the Glasgow City Region and form part of the National Planning Framework, which seeks to balance economic, social and environmental objectives. “There needs to be planned development, but also a mechanism to consider unplanned developments that come forward.” This is done through Site Appraisal, Specific features for Consideration and an assessment of the Quality of Development, as outlined above. In addition, the following points are relevant. 8.13 Landscape and Visual Impact: In terms of the landscape and visual impact of the proposed development it is considered that given the significant landscape scheme that is included, the impact of the development can be accommodated at the proposed location without significant detriment to the overall character and appearance of the area. The applicant’s appraisal of potential landscape and visual effects has concluded that the proposed facility, would have a limited impact on an area 300 – 400m from the site and would not result in detrimental effects to the wider landscape. On balance it is considered that the proposed development can be accommodated at the proposed location without significant detrimental landscape or visual effects and will be viewed in the context of the landscape and earth bund screening, once established. 8.14 Natural Heritage: In terms of impact on natural heritage interests the applicant has carried out a desk study and site survey which found no evidence of protected species presence that are likely to be impacted by development works and no impacts are anticipated on designated sites or protected habitats. Nature Scot have not sought to oppose the development. 8.15 Economic development; In terms of positive economic benefits, it is noted that the proposals would result in further efficiency benefits to the overall Scottish Electrical Grid which should offer further Page 77 of 78
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economic benefits in terms of cost to electricity users and will provide additional jobs in relation to construction and operation of the facility. It will also assist in the delivery of energy security. 8.16 Specific Locational Need; The facility has a specific locational need being close to the ‘Easterhouse Sub-Station’, and whilst the facility is relatively large in scale its size and relatively isolated from dwelling houses. With the proposed landscape scheme it is considered to be of a suitable scale and form for the location. 8.17 Transport Route, Access and Infrastructure: In terms of transportation matters NLC Traffic and Transportation stated that a Traffic Management Plan should be provided in order to fully assess the impacts of the proposal. Acceptable visibility splays can be provided and the applicant is encouraged to improve upon these if possible particularly to the south of the site access. 8.18 With regards to Supplementary Planning Guidance SPG 07 Greenbelt the applicant has demonstrated that they can satisfy the impact criteria for assessing acceptable development in the green belt in that there is a specific locational need for the proposal; they have been able to minimise any adverse environmental impacts; the development does not pose undue infrastructure implications; is considered to be of a suitable scale and form for the location and the application include a detailed landscape assessment and proposed high quality enhancement scheme which reinforces the rural character and provides a buffer to the development. 8.19 In view of the above it is considered that this development proposal accords with NPF4 and policies EDQ1, EDQ2 & EDQ3 of The North Lanarkshire Local Development Plan 2022 9. Conclusions 9.1 NLLDP (2022) Green Belt Policy (4) does not specifically identify or support battery energy storage as being an appropriate green belt use however it is accepted that there is a specific locational need for this development. Subsequent to the North Lanarkshire Local Development Plan being adopted, NPF4 has been adopted which confirms that renewable energy storage is a permissible use for green belt land. In this instance NPF4 outweighs NLLDP policy 4 and support for the proposed development is recommended. 9.2 The proposed development is of National Importance to support the Scottish Government’s desire to provide energy security. There is a site specific need for the development to be located on Whitehill Farm, due the proximity to ‘Easterhouse Sub-Station’ and there are no suitable alternative sites available. The application site has been designed with sufficient screening to prevent any long-term detrimental impact to the wider green belt in this area. As such it is recommended that the Council respond to the consultation from the ECU and indicate that we do not object to this proposal and ask that our comments and suggested conditions above be taken into consideration. Page 78 of 78