Agenda pack
North Lanarkshire Council · 27 April 2023
Back to Planning Committee — 27 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 18 Apr 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, 27 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, J Logue, H Loughran, F MacGregor, P McDade, C McManus, F McNally, M McPake, D Robb, G Robinson, N Shevlin, A Smith, L Stubbs and G Woods. Page 1 of 29
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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 - 26) Submit Planning Applications Index (copy herewith) (3) Notice of Planning and Enforcement Appeal Lodged (page 27 - 28) Submit report by the Chief Officer (Place) advising of one planning and enforcement appeal lodged (copy herewith) (4) Notice of Planning and Enforcement Appeals Decisions (page 29 - 29) Submit report by the Chief Officer (Place) advising of one planning and enforcement appeals decision (copy herewith) Page 3 of 29
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North Lanarkshire Council Planning Applications for consideration of Planning Committee Committee Date: 27-04-2023 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved AGENDA ITEM 2 Page 5 of 29
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APPLICATIONS FOR PLANNING COMMITTEE 27th April 2023 Page No Application No Applicant Development/Site Recommendation 7-15 23/00009/FUL Ms Marjory Donald Replacement dwellinghouse Greenhill Farm Greenhill Road Hareshaw ML1 5NF Refuse 16-26 23/00226/S42 PD Stirling Ltd / ID Meiklam Trust Application under section 42 of the Town and Country Planning (Scotland) Act 1997 (as Amended) to remove conditions 9 and 14 and amend condition 15 of planning permission 13/02079/PPP. Mossend Rail Head Reema Road Industrial Estate Reema Road Bellshill ML4 1RR Grant Page 6 of 29
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Application No: 23/00009/FUL Proposed Development: Replacement dwellinghouse Site Address: Greenhill Farm Greenhill Road Hareshaw ML1 5NF Date Registered: 16th January 2023 Applicant: Ms Marjory Donald Greenhill Country Estate Greenhill Farm 49 Greenhill Road Hareshaw Motherwell ML1 5NF Agent: N/A Application Level: Local Application Contrary to Development Plan: No Ward: 13 Fortissat Martin McCulloch, Kenneth Stevenson, Margaret Hughes, John Jo Leckie, Representations: 6 letter(s) of representation received. Recommendation: Refuse Reasoned Justification: Whilst the proposed residential use of this site is argued to accord with Green Belt policies, it is considered that the proposed access to the application site from Greenhill Road would be unacceptable due to adverse impacts on highway safety. As such, the proposal is contrary to local development plan policy EDQ3 and on balance it is recommended that planning permission be refused. Page 7 of 29
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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: 23/00009/FUL Name (of applicant): Ms Marjory Donald Site Address: Greenhill Farm Greenhill Road Hareshaw ML1 5NF Development: Replacement dwellinghouse Page 8 of 29
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Recommendation: Refuse for the Following Reason:- 1. The proposal contravenes policy EDQ 3 (Quality of Development) of the North Lanarkshire Local Development Plan 2022 as it includes unsatisfactory access arrangements that will result in unacceptable adverse impacts on highway safety for users of Greenhill Road Hareshaw. Background Papers: Consultation Responses: Traffic & Transportation NLC Greenspace Environmental Health (including Pollution Control) The Coal Authority Contact Information: Any person wishing to inspect these documents should contact Patricia Beaton at 01236 632500 Report Date: 17th April 2023 Page 9 of 29
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APPLICATION NO. 23/00009/FUL REPORT 1. Site Description 1.1 The application site is located within the village of Hareshaw and is approximately 0.3 hectares in size. There is an existing residential chalet and other agricultural buildings on site. The applicant proposes accessing the site from Greenhill Road using what appears to be a redundant farm access. The proposed access is narrow with gates facing Greenhill Road and there is a stone pillar, telephone pole and hedging on either side of the proposed access reducing visibility from the proposed access on to Greenhill Road. Immediately to the north and west of the site is a large pond which was previously used as part of a now redundant fishery business. To the south and south- east are residential properties and to the east are agricultural fields. 2. Proposed Development 2.1 The applicant proposes that a permanent dwellinghouse be erected on the application site, replacing the existing chalet which will be removed. The site will be accessed off Greenhill Road using the access as described above. The proposed dwellinghouse will be a one-bedroom single storey dwellinghouse. The footprint of the proposed dwellinghouse will be approximately 45sqm. The applicant wishes to use the accommodation as part of an existing farm business. 3. Applicant’s Supporting Information 3.1 The applicant has provided architectural drawings, 3D images of the proposed dwellinghouse, a Preliminary Contamination and Mining Risk Assessment and additional information regarding the access to the site from Greenhill Road. The applicant has also submitted information which seeks to demonstrate that the accommodation is required to facilitate an existing agricultural business on the site. 4. Site History 4.1 The site has a long and complex site history. Historically, the site formed part of the land associated with Greenhill Farm. More recently (since the millennium) there have been a host of diverse uses and developments permitted in and around this site, including a golf course and driving range with associated shop and café, self-catering holiday accommodation and a pond with fishery operation. In particular, planning permission (reference 10/01013/FUL) for a structure described as “replacement bird hide incorporating associated watchman’s living accommodation” was approved subject to conditions on 2nd September 2011. This comprised accommodation associated with the bird hide (including facilities for visiting birdwatchers such as a viewing area and toilets) as well as living accommodation for a watchman. Vehicle access was through Greenhill Farm down an access track internal to the site which leads to Greenhill Road (and not accessed by way of the access track which forms part of the application currently under consideration). The permission required that the bird hide and watchman accommodation be removed within 5 years of the date of the planning permission (i.e. by September 2016). It is understood that the structure (approved as per planning permission 10/01013/FUL) was removed in and around 2016/2017 and replaced without planning permission with a residential chalet which remains on site at present. On the basis that the site has accommodated residential accommodation since that time, the current structure would be immune from planning enforcement action. 4.2 In 2022, a planning application for a new dwelling for use as watchman accommodation on this site (reference 22/00100/FUL) was withdrawn by the applicant prior to its determination, following advice to the applicant regarding the suitability of the proposed new site access to Greenhill Road (i.e. as currently shown on the planning application under consideration). Page 10 of 29
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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 considerations 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. NPF4 sets out policies in relation to creating a sustainable place, a liveable place, and a productive place. NPF4 policies Green Belts (8), Rural Homes (17), and Rural Development (29) are relevant to consider in this case. 5.3 The North Lanarkshire Local Development Plan 2022 (NLLDP) identifies the majority of the application site as part of the Green Belt under policies PP 4 and AD 4 Green Belt. The area around where the proposed access to Greenhill Road is located is designated as part of the General Urban Area under policies PP 3 and AD 3. 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 objections to the proposed development and have requested that an informative regarding unrecorded coal mining related hazards be attached to any permission. 6.2 The council’s Pollution Control Service has no objections to this application and has advised that whilst some site investigation information has been submitted as part of this application, this information is incomplete and further detailed site investigation information would be required in lieu of conditions being attached to any permission in relation to site investigations and remediation works. 6.3 The council’s Roads Development Service has recommended that this application be refused due to concerns regarding the proposed use of the access at Greenhill Road, on the basis that this access does not meet the minimum requirements in terms of visibility splays, vehicle manoeuvrability, all raising concerns for vehicle and pedestrian road users. 6.4 The council’s Greenspace Service has advised that prior to the removal of the existing chalet, it should be examined for Bat Roost Potential and if potential is found then a Bat Emergence Survey will be required. 7. Representations 7.1 We have received six objections during the neighbour notification period and advertisement of this application and these can be summarised as follows: • There is no reason why the Watchman’s accommodation needs to become a permanent house. • The application is for a dwellinghouse in the site Green Belt and is not part of a business. It is contrary to the development plan. • The original planning permission had a condition where the building was to be removed within five years. Despite this the Chalet remains in situ and is being used as a dwelling. The lack of enforcement action from the council should not be used as justification for a new permanent dwellinghouse. The original planning permission for the Watchman’s accommodation showed access through Greenhill Farm down an access track internal within the site and not as shown in the current application. • The additional house will add to the ongoing problems with the sewage system. The number of houses in Hareshaw has doubled in recent years causing major sewage problems. • The access on the Greenhill Road shown on the applicant’s drawings is not a historic access to the application site. The original historic access was sold, and a house has been built on that piece of ground. • The drawings for this application indicate vehicle access onto Greenhill Road. No such vehicle Page 11 of 29
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access exists. There is a gap between the existing houses which has never been used as an access road. This track has never been used as a vehicle access, retaining walls were only built in July 2022 after excavation of the track in preparation for this application. • The proposed accesses junction with Greenhill Road is narrow with very restricted lines of sight. It fails to meet minimum safety required for sight lines and the applicant does not control the properties either site which obscure the view. • The proposed access is also very close to a hump back bridge and development as a vehicle access will represent a danger to road users. • The roads within the village are frequently used as short cuts by through traffic and speeding can be observed, particularly at peak times. • Recent developments in the Village can be described as ribbon development, this is clearly a back-land development in the Green Belt and is a significant departure from the norm. • a proper plan should be in place for the future development of Hareshaw. 8. Planning Assessment 8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions are made in accordance with the development plan unless material considerations indicate otherwise. The assessment will therefore identify the development plan policies relevant to the proposal, will make an assessment against these policies and come to a conclusion on which decision (grant or refuse) would accord with them. It will then look at other material considerations to establish if there are any that would suggest a decision different from the one reached in relation to the development plan. National Planning Framework 4 8.2 The National Planning Framework 4 (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. NPF4 policies Green Belts (8), Rural Homes (17), and Rural Development (29) are particularly relevant in this case. 8.3 NPF4 policy 8 Green Belts sets out criteria for acceptable uses within the Green Belt including development associated with agriculture and for the one for one replacement of existing permanent homes. Other requirements for developments within the Green Belt would need to be compatible with the surrounding established countryside and landscape character and have a minimal visual impact on the Green Belt. It is noted that policy 8 does not include references to either the Rural Homes Policy (17) or the Rural Development policy (29) as being part of this criteria for acceptable uses or as an acceptable exception to policy 8. 8.4 Both NPF4 policy 17 Rural Homes and policy 29 Rural Development set out criteria similar to that set out with NPF4 policy 8 above for acceptable development for developments within Rural Areas. However, although these policies set out circumstances where rural homes and development would be supported, this list of circumstances does not include supporting rural homes or developments located within the Green Belt. It is therefore considered that policies 17 and 29, whilst noted, are not applicable in this case. 8.5 With regard to the proposed development compatibility with NPF4, there is a strong case to be made that the long-standing use of the application site for residential accommodation means that NPF4 offers significant support to the proposal given that the application proposes a replacement residential property. In addition, it is also clear that the green belt boundary at this location would not be undermined if a permanent residential property was approved in this location, given that the site is surrounded by houses to the south and south east and by pond to the north and west. Also, the scale and nature of the proposals are modest and it is considered that they would have no adverse impact on the character of the area. That said, for the proposals be acceptable against NPF4 as a whole, it would also have to be consistent with the objective of sustainable and liveable spaces. These aspects are enshrined within the local development policies below (in particular policy EDQ 1 and EDQ 3) Page 12 of 29
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North Lanarkshire Local Development Plan 8.6 The application site is primarily designated as Green Belt under policies PP 4 and AD 4. In terms of development plan policy, new residential development in the Green Belt is covered by policy PP 4 and AD 4. Policy PP 4 sets out that the council will protect the setting of communities, support regeneration by directing growth to urban areas, protect natural assets and provide a high-quality environment. The council will support developments for agriculture, forestry, recreation, or developments that need a non-urban location, including, where appropriate, Visitor Economy related development. The council will encourage development appropriate for a Green Belt location by resisting development that is not for agriculture, forestry, recreation, tourism, or needs a Green Belt location, whilst allocating appropriate land for urban expansion. 8.7 With regard to policy AD 4, 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. For Class 9 uses (houses), any residential development would need to be in support of a Green Belt appropriate use. 8.8 The proposed access to the proposed dwellinghouse is designated as part of the General Urban Area under policies PP 3 and AD 3 which seek to maintain and improve the level of amenity in urban areas with General Urban Areas being either primarily residential in character or have a mixture of recognisably urban uses. 8.9 Policy 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 addresses matters such as design, massing, topography and transportation aspects. 8.10 Policy 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 provide a sustainable, safe, secure, and convenient access to and from the development that makes it easy to move around, and is attractive to pedestrians, cyclists, and people with disabilities. Any development would need to integrate well with public transport, green networks and wider links. The assessment of and (where necessary) the mitigation of pollution impacts is also included within policy EDQ 3. 8.11 Policy PP4 states that North Lanarkshire Council will protect the setting of communities, support regeneration by directing growth to urban area, protect natural assets and provide a high-quality environment by promoting a Green Belt as defined on the Promote Map. Developments for agriculture, forestry or developments that need a non-urban location are supported. This policy encourages development appropriate for a Green Belt location by resisting development that is not for agriculture, forestry, recreation, tourist or needs a Green Belt location whilst allocating appropriate land for urban expansion. With regard to development that needs a Green Belt location the need will be balanced against any adverse effects on the purpose of the Green Belt. 8.12 The applicant has advised that the proposed permanent dwellinghouse would be to replace existing accommodation which remains in use and is to be used in association with an existing livestock business where a presence on site is required at all times. Limited information has been submitted to demonstrate agricultural need and the supporting information submitted would not (in itself) justify a house in this location. However, given that the proposals accord with other aspects of Green Belt policy, it was not felt necessary to seek further information regarding agricultural need. 8.14 As the proposed development is considered compatible with Green Belt policy, it now must be assessed in terms of site appraisal and quality of development, which will be determined under assessment of the proposal against polices EDQ 1 and EDQ 3 below. 8.15 With regard to policies PP 3 and AD 3 General Urban Area, the majority of the application site is outwith the General Urban Area and is assessed under policies PP 4 and AD 4. The proposed Page 13 of 29
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access is to be used in conjunction with a residential development. The General Urban Area is primarily residential in nature. 8.16 In relation to policies EDQ 1 the applicant has submitted information in relation to their appraisal of the application site including architectural drawings, 3D images of the proposed dwellinghouse and a Preliminary Contamination and Mining Risk Assessment. 8.17 With regard to policy EDQ 3, it is considered that the scale, density, design and overall layout of the proposed single storey dwellinghouse would be acceptable and would integrate successfully into the local and wider area. It is considered that the proposed finishing details are likely to be acceptable. Due to the site layout and design of the development, it will not adversely affect the amenity of neighbouring properties to the in terms of privacy or overshadowing. 8.18 In terms of the transportation and parking aspects of policy EDQ 3, the objection by the Roads Development Service is noted. The Roads Development Service has described the proposed access as appearing to be a redundant farm/field access and they have advised that there is currently vegetation, a brick pillar, a telegraph pole, a wooden fence and potentially steel gates (all of which are outside the applicant’s control) all within the visibility splays of the proposed access, reducing the visibility of vehicles and pedestrians using this access, having a significant impact on the safety for both vehicles and pedestrians. 8.19 The Roads Development Service has advised that significant alterations to Greenhill Road, to neighbouring properties and to the proposed access, including (but not limited to) the construction of a footway on Greenhill Road, the creation of a passing place within the proposed access and the provision of drainage facilities to prevent surface water being discharged onto the public road would be required to reduce the impact on highway safety for both vehicles and pedestrians. 8.20 It is acknowledged that the principle of individual houses taking access on to the site from Greenhill Road has already been established by virtue of the fact that the established access to this site is taken through Greenhill Farm down an access track internal to the site which leads to Greenhill Road. However, it is noted that the new proposal of this planning application moves away from that established arrangement and involves a new access direct on to Greenhill Road. It is this new access proposal which the Roads Development Service finds unacceptable. 8.21 It is considered that the potential impact on the of highway safety for both vehicles and pedestrians by the proposed access to Greenhill Road as part of the proposed development is significant. Given the limitations of the application site and that of the applicant’s control of land outwith the application site along Greenhill Road, it is considered that this issue cannot be resolved by way of conditions or through alterations to the proposed development as part of this planning application. For these reasons, it is therefore considered that the proposed development is not acceptable in terms of the transportation aspects of EDQ 3. 8.22 Although the proposed development may be consistent with policies PP 3, AD 3, PP 4, AD 4 and EDQ 1 of the North Lanarkshire Local Development Plan 2022, and NPF4 policy 8, given the potential significant impact on the safety of vehicles and pedestrians using Greenhill Road, the proposed development would be contrary to policy EDQ 3 of the North Lanarkshire Local Development Plan 2022. 8.23 Six objections have been received during the neighbour notification and advertisement of this application. A summary of these objections is detailed above. 8.24 The objections received primarily relate to the development being contrary to the development plan, issues relating to the proposed access (road and pedestrian safety), concerns regarding sewage provision and the lack of enforcement action undertaken by the council in relation to a previous planning permission for a temporary Watchman’s accommodation. 8.25 Concerns have been raised that the proposed dwellinghouse is contrary to policy as the site is located within the Green Belt and this matter is addressed in preceding paragraphs. Page 14 of 29
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8.26 The use of the site access onto Greenhill Road has raised objections in relation it not being an existing access which has been in constant use. The objectors have advised that the previously approved accommodation within the application site was not accessed from that location and was instead accessed from a track through Greenhill Farm. Concerns have also been raised regarding available sightlines into and out of the Greenhill Road access. Concerns reading its proximity to the hump back bridge and the accesses for neighbouring properties were also raised. 8.27 It is considered that whilst the applicant has advised that the access shown on drawings submitted as part of this application has previously been in use and that the use is ongoing, given the anecdotal information provided by the objectors, and the recommendation of refusal by the Roads Development Service, it is considered that this access is not suitable for use in association with any residential use of the site. The previous residential accommodation within the application site was approved on the basis of the provision of an alternative access onto Greenhill Road through Greenhill Farm and not the proposed access. 8.28 With regard to potential sewage concerns, it is the responsibility of the applicant to ensure that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. A condition requiring confirmation of this would have been attached to any permission. 8.29 It is considered that not all the concerns raised by objectors can be supported. However, their concerns regarding the proposed access and its impact on highway safety are a material consideration which supports and adds weight to the development plan conclusions that the proposal be refused. There are no other material considerations that lead to the proposal being regarded as acceptable despite the development plan position. 9. Conclusions 9.1 To conclude, whilst the use of this site for residential accommodation is considered acceptable in this primarily Green Belt location, the proposed access to the application site from Greenhill Road would have an unacceptable and significant impact on the highway safety of both vehicles and pedestrians. It is considered that given the limitations of the application site these impacts cannot be sufficiently mitigated to enable this application to be approved. Page 15 of 29
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Application No: 23/00226/S42 Proposed Development: Application under section 42 of the Town and Country Planning (Scotland) Act 1997 (as Amended) to remove conditions 9 and 14 and amend condition 15 of planning permission 13/02079/PPP. Site Address: Mossend Rail Head Reema Road Industrial Estate Reema Road Bellshill ML4 1RR Date Registered: 1st March 2023 Applicant: PD Stirling Ltd / ID Meiklam Trust Mossend Railhead Reema Road Bellshill ML4 1RR Agent: Ironside Farrar 111 McDonald Road Edinburgh EH7 4NW Application Level: Major Application Contrary to Development Plan: No Ward: 15 Bellshill Angela Campbell, Pat Patton, Lisa Stubbs, Representations: 2 letters of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed removal of conditions 9 and 14 and amendment to condition 15 of planning permission 13/02079/PPP are considered to be acceptable with no substantive impact on the previous consent. Page 16 of 29
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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: 23/00226/S42 Name (of applicant): PD Stirling Ltd / ID Meiklam Trust Site Address: Mossend Rail Head Reema Road Industrial Estate Reema Road Bellshill ML4 1RR Development: Application under section 42 of the Town and Country Planning (Scotland) Act 1997 (as Amended) to remove conditions 9 and 14 and amend condition 15 of planning permission 13/02079/PPP. Page 17 of 29
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Proposed Conditions:- 1. Before the commencement of works within each phase of the development, further planning applications shall be submitted to and approved by the planning authority in respect of the following matters:- a) the siting, design and external appearance of all buildings and other structures, including sufficient setback from residential properties to mitigate the scale, in particular, of the storage buildings; b) the means of rail, vehicular and pedestrian access to the site; c) the layout of the site, including all rail infrastructure, roads including underpasses, footways , parking and yard areas; d) the details of, and timetable for, the hard and soft landscaping of the site as well as all elements of habitat management; e) details for management and maintenance of the areas identified in (c) and (d) above; f) the design and location of all boundary walls, gates and security fences; g) the provisions for loading and unloading of all goods vehicles; h) the provision of drainage works; i) the disposal of sewage; j) details of existing trees, shrubs and hedgerows to be retained; k) details of existing and proposed site levels including all proposed earthworks; l) the phasing of the development. For the avoidance of doubt, all further applications shall be submitted in accordance with the phasing scheme approved under the terms of Condition 2 below. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended. 2. Before any development starts, a phasing scheme that specifies the order in which all elements of the site (including rail infrastructure and road access) will be implemented shall be submitted to and approved in writing by the planning authority. This shall have regard to the Environmental Statement and subsequent reports submitted to the planning authority and shall demonstrate that all combined Class 5/6 and Class 6 buildings within the site shall be directly dependent on rail transport related to the Mossend Railhead. For the avoidance of doubt, the phasing scheme shall make provisions for the early implementation of the Green Network in parallel with the completion of the first development platform within the site. Development shall thereafter take place only in accordance with the approved phasing scheme unless agreed otherwise in writing with the planning authority. Applications for matters specified in Condition 1 above may be made in relation to any individual building or phase of development at the site subject to the limitations of the agreed phasing scheme and other conditions of this consent. Reason: To ensure the minimum possible impact on the environment at any given time and to ensure compliance with planning conditions. 3. Before any development starts, details of an appointed Planning Monitoring Officer shall be submitted to and approved in writing by the planning authority. The remit of the Planning Monitoring Officer shall be agreed in writing with the planning authority before any development starts but shall include overseeing compliance with all conditions and timely submission of appropriate information. The appointed Officer shall thereafter remain in place until satisfactory completion of the development, unless a change of Officer is first agreed in writing with the planning authority. Reason: To ensure that the planning authority has the opportunity to monitor the development and ensure compliance with planning conditions. 4. For the avoidance of doubt, no permission is hereby granted for the specific layout detailed on the indicative masterplan drawing no 7991/PA/005a. The site layout shall be developed using the masterplan as a guide and taking account of the requirements of all conditions of this consent. Page 18 of 29
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Reason: In order to confirm the terms of this consent and protect the amenity of the neighbouring residential properties. Rail Infrastructure 5. Notwithstanding the terms of Condition 1 above, before any development starts the applicant shall demonstrate agreement with Network Rail which confirms that capacity exists on the rail network for the level of rail freight activity proposed for the development, evidence of which shall be submitted to and approved in writing by the planning authority. Reason: To ensure the development provides safeguards for rail freight supported development and to allow the planning authority to consider these aspects in detail. 6. Notwithstanding the terms of Conditions 1 and 2 above, before any rail freight dependent building comes into use, the proposed rail sidings and associated infrastructure to fully serve that building shall be completed unless agreed otherwise in writing by the planning authority. Details of such sidings and infrastructure shall first have been submitted to and approved in writing by the planning authority in consultation with Network Rail. Reason: To ensure the development provides for rail freight supported development and to allow the planning authority to consider these aspects in detail. 7. All rail lines and other rail related infrastructure shall be constructed in accordance with the details to be submitted to and agreed in writing by the planning authority in consultation with Network Rail, and shall thereafter be retained for this purpose. The rail infrastructure shall not be removed from the site other than for repair and maintenance, without the prior written approval of the planning authority. Reason: To enable the planning authority to consider these aspects and to ensure all rail infrastructure remains in place. 8. When all phases of the development have been completed, and at all times thereafter: i. The total floorspace of the built development shall not exceed 200,000 square metres, providing for Use Class 5 (Industrial) and Class 6 of the Town and Country Planning (Use Classes) (Scotland) Order 1997, and including ancillary and supporting uses; ii. The development shall contain buildings which are a maximum of 40% of combined Class 5/6 uses and a maximum of 60% solely Class 6 use, unless otherwise agreed in writing by the planning authority. Reason: In order to control the terms of this consent and ensure a proportion of industrial use. Transportation & Access 9. No more than 93,000 square metres gross total floorspace of Class 5/6 buildings shall be occupied until a scheme to signalise the M73 southbound off slip and M8 westbound off slip approaches to the Baillieston Roundabout has been implemented to the satisfaction of the planning authority in consultation with Transport Scotland. Reason: To ensure that the development will not adversely affect the safe and efficient operation of the trunk road network 10. Before any buildings within the site are occupied, the internal access road and road/rail underpass connecting the railhead operations from the A8 local distributor road, the details of which shall first be submitted to and approved in writing by the planning authority, shall be completed in accordance with the approved details. Reason: To ensure the provision of satisfactorily vehicular, cycle and pedestrian access to and within the site. 11. Before the development of any phase is brought into use, all of the associated vehicular manoeuvring areas, parking, access and egress arrangements, signage and provision for safe pedestrian movement shall be completed and surfaced in accordance with the details submitted to Page 19 of 29
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and approved in writing by the planning authority. Parking, including HGV spaces, shall be provided in accordance with the council’s parking standards, unless agreed otherwise in writing by the planning authority, and car parking shall be segregated from any HGV servicing, manoeuvring and turning areas. Reason: In the interests of traffic and pedestrian safety. 12. Despite the generalities of Condition 4 above, before any development starts, details of the proposed access arrangements for construction traffic shall be submitted to and approved in writing by the planning authority. Reason: In the interests of the amenity of neighbouring residential properties. 13. Before the occupation of any building, a comprehensive Travel Plan that sets out proposals for reducing dependency on the private car for the site as a whole shall be submitted to and approved in writing by the planning authority, after consultation with Transport Scotland. In particular this Travel Plan shall identify measures to be implemented, the system of management, monitoring, review, reporting and the duration of the plan. Thereafter any MSC or further application for plots within the development site shall be accompanied by a Travel Plan that further develops the comprehensive Travel Plan specific to that building/business occupying that plot or site. Reason: To be consistent with the requirements of Scottish Planning Policy and PAN 75: Planning for Transport. Built Environment 14. No building shall exceed 20 metres in height unless agreed otherwise in writing by the planning authority. Reason: To safeguard the visual amenity of the area. 15. All applications for buildings shall include a Design and Access Statement addressing detailed design and layout, environmental performance and external detailing. Reason: To safeguard the visual amenity of the area. Ground Conditions 16. 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 for the approval of the said authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, the planning authority may require submission of a detailed Remediation Strategy. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of neighbouring residents and future users of the site. 17. Any remediation works identified by the site investigation required in terms of Condition 16 shall be carried out in accordance with the details approved in writing by the planning authority. Before the development is brought into use, a certificate (signed by a chartered Environmental Engineer) shall be submitted to the planning authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: To ensure that the site is free of contamination in the interests of the amenity and public health. Page 20 of 29
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Noise, Vibration, Air Quality and Light 18. Notwithstanding the requirements of Condition 1 above, updated detailed Noise Impact Assessments shall be submitted for verification and the written approval of the planning authority with all detailed applications. Such applications shall take account of the recommendations contained in Chapter 9 of the Environmental Statement, Addendum: Industrial Noise Impact Assessment, dated April 2014, and the Ironside Farrar document ‘Response to Issues Raised by Protective Services’. Thereafter, all mitigation measures shall be implemented in accordance with the approved details before that phase of the development comes into use. Reason: To safeguard the amenity of the adjacent properties and the local area. 19. Before development starts on any phase, full technical details demonstrating the methods of lighting and associated lighting infrastructure for all external lighting to be used in that phase shall be submitted to and approved in writing by the planning authority in consultation with Transport Scotland as appropriate. For the avoidance of doubt, all external lighting shall be designed so as not to give rise to unacceptable impacts on the amenity of the surrounding area or local ecology. Reason: To safeguard the visual amenity of the area and for the protection of nature conservation interests. Flooding & Drainage 20. Notwithstanding the generalities of Condition 1 above, all detailed applications, unless otherwise agreed in writing with the planning authority, shall be accompanied by full details of the proposed surface water drainage scheme. For the avoidance of doubt, the drainage scheme must comply with the principles of Sustainable Drainage Systems (SUDS) in terms of the relevant CIRIA manual and other advice published by the Scottish Environment Protection Agency (SEPA). The drainage scheme shall also be designed in line with the recommendations contained in Chapter 11 of the Environmental Statement and the Flood Risk and Drainage Strategy by Dougall Baillie Associates dated September 2013. 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. 21. The SUDS compliant surface water drainage scheme approved in terms of Condition 20 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the planning authority confirming that the SUDS features 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. 22. Notwithstanding the terms of Conditions 1 and 2 above, an updated Flood Risk Assessment shall be submitted to and approved in writing by the planning authority, with all detailed applications. For the avoidance of doubt, the amended Flood Risk Assessment must take account of Chapter 11 of the Environmental Statement and the Flood Risk and Drainage Strategy by Dougall Baillie Associates dated September 2013, Scottish Planning Policy (SPP) and Planning Advice Note 69 (PAN 69): Planning and Building Standards Advice on Flooding. Reason: In order that the planning authority can be satisfied that the proposed development will not give rise to flooding within the application site and will not increase the flood risk elsewhere. 23. Notwithstanding the terms of Condition 1 above, all detailed applications shall demonstrate that the recommendations in the Environmental Statement with respect to the protection of watercourses and existing culverts at the site, including the establishment of ‘no building’ buffer zones around watercourses, are complied with and integrated into the detailed design of the development. Page 21 of 29
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Reason: To ensure the protection of watercourses within the site. 24. Notwithstanding the terms of Condition 1 above, all detailed applications shall include full design details, reasoned justifications, construction method statements and suitable mitigation measures (as required) in relation to any proposed works within and in the vicinity of any watercourse for the written approval of the planning authority. Any such works shall be carried out in accordance with approved method statements in consultation with SEPA. For the avoidance of doubt, method statements should demonstrate compliance with Controlled Activity Regulations requirements and SEPA’s Pollution and Prevention Guide notes. Proposals for culverting of watercourses shall not be permitted unless it is demonstrated that such works are reasonably justified and would not have any unacceptable adverse impacts on watercourses and their banks. Reason: To enable the planning authority to consider these aspects in detail, to safeguard the amenity of the area and to ensure that the proposed mitigation measures comply with SEPA guidance. Environmental Protection & Nature Conservation 25. No development shall take place within the site boundary until the developer has secured the implementation of a programme of archaeological works in accordance with a written Scheme of Investigation which has been submitted by the developer and approved by the planning authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken in accordance with the approved scheme. Reason: To enable an archaeological evaluation of the site to be carried out. 26. Notwithstanding the terms of Conditions 1 and 2 above, full details of the design of the Community Green Network shall be submitted to and approved in writing by the planning authority. For the avoidance of doubt, the scheme shall include the following details: (a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting; (c) an indication of all existing trees and hedgerows, details of those to be retained, and measures for their protection in the course of development; (d) pedestrian and cycle routes including specification for the material finish of all surfaces; and (e) a detailed schedule for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site and completed before the rail freight park is brought into use. Reason: To enable the planning authority to consider these aspects in detail. 27. Before the development starts, a management and maintenance scheme for the Community Green Network shall be submitted to and approved in writing by the planning authority, and it shall include proposals for the continuing care, maintenance and protection of the Green Network. Reason: To enable the planning authority to consider these aspects in detail. 28. Notwithstanding the terms of Condition 1 above, the development shall be designed in accordance with the principles and commitments contained in Chapter 12 of the Environmental Statement and ECOS Countryside Services Updated Ecology Reports dated July and August 2014, and any details required under the terms of Condition 32 below unless agreed otherwise agreed in writing with the planning authority. Reason: To safeguard the amenity of the area, for the protection of nature conservation interests and to ensure the final development design makes adequate provision for all habitat proposals and commitments., Page 22 of 29
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29. Before development starts on any phase, further updated surveys by a suitably qualified person shall be submitted with all detailed applications for the approval of the planning authority to determine the presence of any statutorily protected species. As a result of the findings of the report, should any mitigation measures be required for the relocation of any protected species, these 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 minimise risk to protected species. 30. Notwithstanding the terms of Condition 1 above, all future applications shall include a detailed site wide Landscape Strategy, incorporating the details and commitments set out in Chapter 8.6 of the Environmental Statement. Reason: In order to ensure that the new facility has a clearly defined landscape structure and a hierarchy of external spaces, and promotes wherever possible biodiversity through planting and environmental management. Duration of Permission 31. 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 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: Traffic & Transportation received 16.03.2023. Contact Information: Any person wishing to inspect these documents should contact Paul Williams at 01236 632500 Report Date: 28th March 2023 Page 23 of 29
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APPLICATION NO. 23/00226/S42 REPORT 1. Site Description 1.1 The application site is the Mossend International Railfreight Park as consented under planning permission 13/02079/PPP. The site lies to the north of Bellshill and Mossend and to the south of Carnbroe and straddles the new M8 motorway and the A8 trunk road to the north. The site covers an area of 125.82 Hectares and is made up of former farmland which has been bisected by the construction of the new M8 motorway with a mixture of maintained fields with boundaries defined by hedgerows and mature treelines over a relatively flat landscape including the existing rail terminal at the southern end of the site. 2. Proposed Development 2.1 The proposal under Section 42 of the Planning Act is for the removal of conditions 9 and 14 and an amendment to condition 15 of planning permission 13/02079/PPP. 2.2 Condition 9 states that :- Unless otherwise agreed in writing by the planning authority in consultation with Transport Scotland, construction of the new roundabout connection onto the A8, generally in accordance with Dougall Baillie Associates Drawing Number 11097/100/200, shall only be permitted to commence following the M8-M73-M74 Motorway Improvement Scheme becoming fully operational. Reason: To ensure that the nature of the design of the proposed junction meets current design standards and that implementation will not adversely affect the safe and efficient operation of the trunk road network. 2.3 It is proposed to remove this condition as it is now obsolete as the above works have been carried out. 2.4 Condition 14 states that:- The applicant shall ensure that continued vehicular and pedestrian access to Carnbroe Mains Cottage is provided at all times during the construction period. Reason: To ensure satisfactory access arrangements to nearby properties. 2.5 It is proposed to remove this condition as it is now obsolete as Carnbroe Mains Cottage has been demolished. 2.6 Condition 15 states that:- Before any development starts, a comprehensive Travel Plan that sets out proposals for reducing dependency on the private car shall be submitted to and approved in writing by the planning authority, after consultation with Transport Scotland. In particular this Travel Plan shall identify measures to be implemented, the system of management, monitoring, review, reporting and the duration of the plan. Reason: To be consistent with the requirements of Scottish Planning Policy and PAN 75: Planning for Transport. 2.7 It is proposed to alter this condition to read ‘Before occupation of any building’ instead of ‘Before developments starts’ as each travel plan will be occupier led and to include the following clarification within the condition to make it clear that a in addition to a comprehensive Travel Plan for the site as a whole a more detailed plan is required for each and every building/use on the site. Page 24 of 29
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3. Applicant’s Supporting Information 3.1 A Planning Statement dated February 2023 produced by Ironside Farrar has been submitted as part of the application. 3.2 In terms of condition 9 the Planning Statement outlines that the Transport Scotland website confirms that the M8, M73 and M74 motorways progressively opened during spring 2017 and were fully open to traffic on Thursday 1st June 2017. As the Improvement Scheme is complete and operational, condition 9 is now obsolete and should be removed. 3.3 In terms of condition 14 the statement explains that Carnbroe Mains Cottage has now been demolished and the site was used as a storage facility during the M8 upgrade works. It is therefore now no longer required to provide continued vehicular and pedestrian access. Condition 14 is therefore obsolete and should be removed. 3.4 In terms of condition15 the Planning Statement explains that the Travel Plan will be occupier led and it is considered more appropriate that this requirement should pre-occupation rather than pre- development. It is therefore requested that the condition is amended to be reworded, as per the following (with the deletion of the conditions above this becomes condition 13): Before the occupation of any building, a comprehensive Travel Plan that sets out proposals for reducing dependency on the private car for the site as a whole shall be submitted to and approved in writing by the planning authority, after consultation with Transport Scotland. In particular this Travel Plan shall identify measures to be implemented, the system of management, monitoring, review, reporting and the duration of the plan. Thereafter any MSC or further application for plots within the development site shall be accompanied by a Travel Plan that further develops the comprehensive Travel Plan specific to that building/business occupying that plot or site. Reason: To be consistent with the requirements of Scottish Planning Policy and PAN 75: Planning for Transport. 4. Site History 4.1 13/02079/PPP Expansion of Mossend Railhead with Additional Rail Sidings, the Development of the Mossend International Railfreight Park including: Class 5 (General Industry) Use; Class 6 (Storage and Distribution) Use and Ancillary Support Uses Including Access to the A8 and Associated Site Preparation, Earthworks, Infrastructure and Landscaping approved by Scottish Ministers in October 2017. 4.2 19/00002/FUL Construction of a Road Link Between the A8 and Existing M8 Overbridge approved January 2020. 4.3 20/01157/MSC Approval of matters specified in conditions 1(a-l), 20, 22, 24, 25, 26, 31, 32 of application 13/02079/PPP for Phase 1 of the Mossend International Railfreight Park related to the expansion of the railhead with additional rail sidings, infrastructure, access and landscaping approved 30TH April 2021. 4.4 21/00804/MSC Approval of matters specified in conditions 1(a-l), 20, 22, 24, 25, 26, 31, 32 of application 13/02079/PPP for Phase 2 of the Mossend International Railfreight Park related to engineering works for the construction of three platforms associated access and landscaping approved October 2017. 4.5 22/01363/S42 Application under Section 42 to amend condition 5 and condition 12 of consent 19/00002/FUL to link each of the conditions to the parts of the approved development to which they relate. 4.6 23/00226/S42 Application under section 42 of the Town and Country Planning (Scotland) Act 1997 (as Amended) to remove conditions 9 and 14 and amend condition 15 of planning permission 13/02079/PPP. Page 25 of 29
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5. Development Plan 5.1 As of 13th February 2023 the Development Plan is made up of National Planning Framework 4 (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 The North Lanarkshire Local Development Plan 2022 Identifies the site as being within a Business Centre and is part of a specifically identified development platforms NLS00311 and NLS00590. Placemaking Policy PP2A (Strategic Business Centres) applies which specifically promotes the development of Class 4 Business, Class 5 General Industrial and Class 6 Storage and Distribution. 6. Consultations 6.1 NLC Traffic & Transportation has expressed no objections to the proposal. 7. Representations 7.1 Two letters of representation were received as a result of newspaper advertisement placed in the Motherwell Times on the 8th of March 2023. These representations are not relevant to this application and refer to the overall MIRP proposal which already has the relevant planning consents. 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 particular instance, as the application relates to the deletion/amendment of planning conditions on an existing consent and there are no strategic implications associated with the changes the application will therefore be considered in relation to Local Plan Policy. Therefore, the proposal requires to be determined under the terms of the North Lanarkshire Local Development Plan and any other material considerations. 8.2 The North Lanarkshire Local Development Plan 2022 Identifies the site as being within a Business Centre and is part of a specifically identified development platforms NLS00311 and NLS00590. Placemaking Policy PP2A (Strategic Business Centres) applies which specifically promotes the development of Class 4 Business, Class 5 General Industrial and Class 6 Storage and Distribution. 8.3 The removal of conditions 9 and 14 is considered to be appropriate and logical as is the proposed amendment to condition 15 and furthermore are in accordance with NPF4 and the relevant policies in the Local Development Plan. 9. Conclusions 9.1 It is therefore considered that the proposed changes to conditions are acceptable and therefore, this application is recommended for approval subject to the application of the appropriate conditions, in this case being the deletion of conditions 9 and 14 and the amendment of condition 15 as well as all other conditions approved under consent 13/02079/PPP. Page 26 of 29
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North Lanarkshire Council Report PLANNING COMMITTEE Agenda item _________ approval noting Ref PH/SW Date 27/04/2023 PLANNING AND ENFORCEMENT NOTICE APPEALS LODGED From Chief Officer (Place) Email humphriesp@northlan.gov.uk Telephone 01236 632500 Executive Summary 1. Purpose of Report 1.1 This report is to advise the Committee of the undernoted planning appeals recently lodged with the Scottish Ministers. Recommendations It is recommended that the Committee notes the position. Background Application No. Applicant Date of Council Form of Note & Proposal & Site Decision Appeal 21/00273/FUL Rail Freight Terminal, Distribution Centre and Office with Ancillary Buildings, Cranes and Associated Landscaping and Infrastructure (EIA Development) John G. Russell (Transport) Limited Land Adjacent To Wishaw Deviation Railway Line, Site Of Former Ravenscraig Steelworks - Access Via Ravenscraig Spine Road (A721), Motherwell 15/12/2022 Written Submission N/A PAMELA HUMPHRIES CHIEF OFFICER (PLACE) AGENDA ITEM 3 Page 27 of 29
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North Lanarkshire Council Report PLANNING COMMITTEE Agenda item _________ approval x noting Ref LB/ES Date 27-04-23 NOTICE OF PLANNING AND ENFORCEMENT APPEALS DECISIONS From Chief Officer (Place) Email humphriesp@northlan.gov.uk Telephone 01236 632500 Executive Summary 1. Purpose of Report 1.1 This report is to advise the Committee of the recent decisions in respect of the undernoted planning appeals. Recommendations It is recommended that the Committee note the decision in respect of this appeal. Background Application No. & Proposal Applicant & Site Appeal Decision & Date Note 22/00840/FUL Detached Single Storey Dwelling Mr Martin Moore Land To Rear Of 8 Whitehill Farm Road Stepps Appeal Dismissed 03/04/2023 PAMELA HUMPHRIES CHIEF OFFICER (PLACE) AGENDA ITEM 4 Page 29 of 29