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Planning Applications Index

North Lanarkshire Council · 29 June 2023
Back to Planning Committee — 29 June 2023 and its agenda

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North
Lanarkshire
Council 
Planning Applications for consideration     
of Planning Committee 
Committee Date: 29-06-2023 
Ordnance Survey maps reproduced from Ordnance Survey
with permission of HMSO Crown Copyright reserved

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APPLICATIONS FOR PLANNING COMMITTEE 
29th June 2023 
Page No Application No  Applicant Development/Site Recommendation 
7-27 21/00307/FUL  P McKernan
Construction
Ltd
Residential development (27 Houses
and 15 Flats)
Site To Rear Of Acre House
Stirling Road
Kilsyth
G65 0PT
Grant (P) 
28-34 22/00823/FUL  Mr Alan 
Wilson
Single detached dwellinghouse
Land West Of 28 Gartmorn Grove
Plains
ML6 7GA  
Refuse 
35-44 22/01452/FUL  Timetra Ltd Erection of 22 Flatted Dwellings (16
x 2 bed and 6 x 1 bed)
140 Old Gartloch Road
Gartcosh
G69 8EH  
Grant (P) 
45-62 22/01474/FUL  TJ Morris Ltd Distribution centre with ancillary
office space, associated car parking,
access and landscaping.
Land At Castlecary Way
Westway Retail Park
Cumbernauld  
Grant 
(P) 
21/00307/FUL - That should members be minded to approve a formal decision notice shall not be issued
until a legal agreement has been concluded in relation to a financial contribution to secure
compliance with NLC Affordable Housing Policy 
22/01452/FUL - Should planning permission be approved, no decision notice should be issued until a Legal
Agreement has been concluded securing the required financial contributions towards
Education.

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Application No:  
21/00307/FUL
Proposed Development: 
Residential development (23 Houses and 15 Flats)  
Site Address: 
Site to Rear Of
Acre House
Stirling Road
Kilsyth
G65 0PT 
Date Registered: 
15th March 2021 
Applicant:
P McKernan Construction Ltd
North Muirhead Farm
Dullatur Road
Dullatur
G68 0AS 
Agent:
Enspire Architects Ltd
Office 29, Alloa Business Centre
Whins Rd
Alloa
Clackmannanshire
FK10 3SA 
Application Level:
Local Application 
Contrary to Development Plan:
No
Ward:   
01 Kilsyth 
Jean Jones, Mark Kerr, Heather Brannan-McVey
& Denis Johnston 
Representations:
15 letters of representation received.   
Recommendation:  Approve   
Reasoned Justification: 
The proposed residential development is in accordance with the relevant principal policy
contained in the North Lanarkshire Local Development Plan it is considered that the
development could be accommodated maintaining the character and amenity of the
surrounding area. As such the development accords with the relevant policies of the adopted
Local Development Plan. 
Note: That should members be minded to approve this application a formal decision notice
shall not be issued until a legal agreement has been concluded to secure compliance with the
Council’s Affordable Housing Policy.

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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: 21/00307/FUL 
Name (of applicant): P McKernan
Construction Ltd
Site Address: Site to Rear Of
Acre House
Stirling Road
Kilsyth
G65 0PT
Development: Residential development
(23 Houses and 15 Flats)

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Proposed Conditions:- 
1. That, except as may otherwise be agreed in writing by the Planning Authority, or updated as required
under the terms of any planning conditions, the development shall be implemented in accordance with
drawing numbers: -   
Location Plan and Layout
1418 LOCATION PLAN   
1418/PL01 H EX AND PROPOSED SITE LAYOUT 
1418 PL09 INDICATIVE 3D IMAGES
House types
1418 PL02 HOUSE TYPE A   
1418 PL04 HOUSE TYPE C 
1418/PL/10        HOUSE TYPE N 
1418/PL/11        HOUSE TYPE N SEMI 
1418 PL05 HOUSE TYPE D   
1418 PL08 FLAT TYPES 1 TO 3 LAYOUTS   
1418 PL08-2 FLAT TYPES 1 TO 3 ELEVATIONS     
Reason: To clarify the drawings on which this approval of permission is founded. 
2. 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 for ground contamination shall
be submitted to and approved in writing by the planning authority. The investigation shall be
completed in accordance with a recognised code of practice such as British Standards Institution “The
investigation of potentially contaminated sites – Code of Practice BS10175 “. The investigation report
shall include a risk assessment of all relevant pollutant linkages, as required by Planning Advice Note
PAN 33. Where a risk assessment identifies any unacceptable risk or risks, it shall include a detailed
remediation strategy. 
Reason: To establish whether or not site decontamination is required in the interests of the amenity
and wellbeing of future occupants. 
3. That any remediation works identified by the site investigation required in terms of Condition 2 above,
shall be carried out to the satisfaction of the Planning Authority.  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 wellbeing
of future occupants 
4. That before the construction of any roads or houses, unless otherwise agreed in writing with the
Planning Authority; full details of the final surface water drainage scheme shall be submitted to the said
Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA
SUDS guidance. 
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent
watercourses and groundwater, in the interests of the amenity and wellbeing of existing and future
residents adjacent to and within the development site.

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5. That the surface water drainage scheme approved under the terms of condition 4 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
experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS
has been constructed in accordance with the relevant CIRIA Manual and the approved plans. 
Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of
the amenity and wellbeing of existing and future residents adjacent to and within the development site. 
6. That the flood risk mitigation measures identified in the Flood Risk Assessment shall be implemented
contemporaneously with the development in so far as is reasonably practical.  Following the
construction of all of the flood mitigation works including the compensatory flood storage area, a
certificate (signed by a Chartered Civil Engineer experienced in flood mitigation) shall be submitted to
the Planning Authority confirming that the flood mitigation works have been constructed in accordance
with current guidance.  For the avoidance of doubt the Flood Risk Assessment comprises the following
drawings and reports: 
Flood modelling Drawings: 
EC22386:60:004 Rev P03
EC22386:60:005 Rev P03
EC22386:60:002 Rev P02
EC22386:60:003 Rev P03
EC22386:60:001 Rev P01
EC22386:60:006 Rev P04
EC22386:60:007 Rev P04 
Stirling Road Outline Drainage Strategy by Blyth & Blyth reference EC22386 20th Sept .2021 
Flood Risk Assessment by Kaya Consulting March 2021 and Addendum 
Reason: To ensure that the development site and adjacent land and property will not be subjected to
unacceptable flooding in the interests of public safety and amenity. 
7. That no development shall take place on land formally identified to accommodate compensatory flood
storage/flood attenuation (identified on drawing (1418/PL01 H - existing and proposed site layout) and
that this area shall be protected from any development, works or encroachment throughout the
lifespan of the approved development. A written description of any works proposed for these areas,
regardless of how minor, shall be submitted to the Planning Authority for its consideration, consultation
with SEPA and written approval. 
Reason: To ensure that the function of the flood prevention measures identified and approved in terms
of condition 6 above is not compromised in any way as a result of future works. 
8. 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 sewerage and surface water drainage arrangements. 
9. That BEFORE the development hereby permitted starts, 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

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contemporaneously with the development of the site. 
For the avoidance of doubt the existing tree line along the western boundary with Ladeside Drive shall
be retained. 
Reason: To ensure the implementation and maintenance of the landscaping scheme in the interest of
amenity. 
10. That all works included in the scheme of landscaping and planting, approved under the terms of
condition 9 above, shall be completed in accordance with the approved timetable, and any trees,
shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of
the full occupation of the development hereby permitted, shall be replaced within the following year
with others of a similar size and species. 
Reason: To ensure the implementation and maintenance of the landscaping scheme in the interest of
amenity. 
11. That no trees within the application site shall be lopped, topped or felled and no shrubs or 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. 
12. That before the occupation of any houses, 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: - 
(a)  the proposed SUDS area / compensatory flood water storage area;
(b)  any communal fences and walls;
(c) all other communal areas 
(d) all play areas 
Reason: To ensure the maintenance of communal areas and infrastructure in the interest of amenity. 
13. That before completion of the development hereby permitted, the management and maintenance
scheme approved under the terms of condition 12 shall be in operation. 
Reason: To ensure there is an adequate landscape maintenance scheme in place. 
14. That except as may otherwise be agreed in writing by the Planning Authority the development shall be
completed in accordance with the facing materials shown on plan references: 
• 1418 PL02 HOUSE TYPE A  
• 1418 PL04 HOUSE TYPE C 
• 1418 PL05 HOUSE TYPE D 
• 1418 PL07 HOUSE TYPE F  
• 1418 PL08-2 FLAT TYPES 1 TO 3 ELEVATIONS     
Reason: In the interests of amenity and design by ensuring that external materials are appropriate for
the site. 
15. That before the last of the dwellings hereby permitted is occupied, all streets, footpaths, footways and
manoeuvring areas shall be completed to final wearing course. 
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.

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16.  That before the development hereby permitted starts, a scheme for the provision of the equipped play
area shall be submitted to, and approved in writing by the Planning Authority, including any
modifications as may be required, and this shall include:- 
(a) details of the type and location of play equipment, seating and litter bins to be situated within the
play areas;  
(b) details of the surface treatment of the play area, including the location and type of safety surface to
be installed;  
(c) details of the fences to be erected around the play area, and  
(d) details of the phasing of these works.  
(e) play equipment shall be located at least 15.0m from the nearest dwelling.  
(f) the play area shall be completed in full within six months of the occupation of the last
dwellinghouse. 
Reason: To ensure that the play scheme is to an acceptable standard and is implemented within a
reasonable timescale. 
17.  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. For the avoidance of doubt all trees shall be
protected in accordance with the recommendations in BS 5837:2012 Trees in Relation to Design,
Demolition and Construction. 
Reason: To enable the Planning Authority to consider these aspects in detail. 
18.  That before the development hereby permitted is brought into use, all the parking and manoeuvring
areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which
the Planning Authority has approved in writing before the start of surfacing work and clearly marked
out, and shall, thereafter, be maintained as parking and manoeuvring areas. 
Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities. 
19.  That BEFORE the development hereby permitted starts, full details of the design and location of all
fences and walls to be erected on the site (including acoustic fencing) shall be submitted to and
approved in writing by the Planning Authority and thereafter implemented, prior to the related
dwellinghouse being occupied. 
Reason: To ensure the provision of adequate boundary treatments 
20.  That BEFORE the development starts details shall be submitted for the written approval of the
Planning Authority detailing the means of access to the site for construction traffic throughout the life
of the development and the location of the site compound. The development shall be carried out in
accordance with the approved details. 
Reason: To safeguard residential amenity 
21.  That, if as a result of the Roads Construction Consent approval process, the site layout requires to be
altered in respect of the horizontal geometry of the roads, footway and footpath locations and design,
on-street lay-by car parking and traffic calming, then a revised Drawing shall be submitted to and for
the approval of the Planning Authority. 
Reason: To ensure consistency in the council's approval processes in its role as Planning and
Highways Authority.

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Background Papers: 
Consultation Responses: 
NLC Greenspace memorandum received 14th April 2021 
Historic Environment Scotland letter received 6th April 2021  
Environmental Health (including Pollution Control) memorandum received 28th April 2021.
The Coal Authority letter received 19th March 2021 & 4th October 2021 
Local Housing Strategy memorandum received 26th March 2021 
Play Services Manager memorandum received 13th April 2021
Archaeology memorandum received 12th April 2021  
NLC Education memorandum received 9th July 2021  
Scottish Environment Protection Agency e-mail received 15th July 2021
Traffic & Transportation memorandum received 10th May 2021 & 8th December 2022 
Contact Information:   
Gordon Arthur at Planningenquiry@northlan.gov.uk 
Report Date:   13th June 2023

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APPLICATION NO. 21/00307/FUL 
REPORT 
1. Site Description 
1.1 The site is a former industrial yard, regular in shape and measuring 1.27 Ha in area at Kilsyth,
Stirling Road. It is relatively level throughout with areas of hardstanding remaining. To the north of
lies woodland on the Colzium Estate, recently included on the inventory Historic Environment
Scotland of gardens and designed landscapes. The site is bounded to the east and west by recently
constructed contemporary residential developments with more established dwellings to the south
along Stirling Road. The current site access is taken from Stirling Road and leads to two factory units
and parking area positioned immediately on the eastern boundary. The western boundary is
currently screened by mature planting (leylandii trees). A watercourse lies to the north within the
Colzium Estate on higher ground and runs through the centre of the Cavalry Park housing
development to the east before continuing along the rear of the factory units before entering a culvert
and remerging on the opposite side of Stirling Road to the south. 
2. Proposed Development 
2.1 The application seeks planning permission for residential development with associated infrastructure
and landscaping works on the site. 23  dwellings are proposed 2,3- and 4-bedroom dependent on
house type A, C, D and F and 15 two-bedroom Flats contained within a tree storey block: 
• Type A-10 units 4 bedroom 
• Type C -5 units 4 bedroom
• Type D-4 units 4 bedroom
• Type F-8 units or (2) 4 in a block 2 bedroom each unit.
• Type N
• 15 - 2 bed flats. 
2.2 Materials proposed on submitted drawing include a mix of light-coloured render, facing brick and
concrete roof tiles. 
3. Applicant’s Supporting Information 
3.1 The applicant has provided the following information in support of their application: 
• Coal mining risk assessment
• Site investigation report
• Flood risk assessment
• Drainage Strategy report
• Engineering Drawings Finished Floor Levels.
• Noise Impact Assessment
• Transport assessment
• Proposed/existing levels
• Planning statement
• Street engineering review 
4. Site History 
4.1 The following previous applications are relevant to the current proposal: 
• 74/00092/PL Extension to Warehouse

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• 83/00105/PL Erection of office building 
• 89/00132/PL Installation of Roller Shutter Doors 
• 90/00206/PL Change of Use of Warehouse to Two Factory Units 
5. Development Plan 
5.1 The proposals require to be assessed under the terms of the North Lanarkshire Local Development
Plan (NLLDP) 2022 and, in particular under the terms of: 
• Prom Loc 3 Housing Development Sites
• PP 3 POLICY Purpose of Place
• AD 3 POLICY Amount of Development
• EDQ1 Site Appraisal
• EDQ3 Quality of Development 
5.2 As highlighted in 5.1 above, the site is an allocated housing site located within the Urban Area where
Purpose of Place Policy PP 3 applies.  The aim of the Plan within these areas is to maintain and
improve the level of amenity appropriate for the local context and encourage diversity in more mixed-
use areas.  This policy requires such proposals to be assessed against the criteria of AD 3 (Amount
of Development), EDQ1 (Site Appraisal) and EDQ3 (Quality of Development) which considers issues
such as location of development, size, materials and road safety and which states that proposals
must integrate successfully with the surrounding area by avoiding harm to the neighbouring amenity. 
5.2 NPF4 also forms part of the development plan; given the nature and scale of this development the
most relevant considerations are already enshrined in the North Lanarkshire Local Development
Plan policies.  The policies within NPF4 that are relevant to the application are Policy 9 - Brownfield,
Vacant and Derelict Land and Empty Buildings, Policy 14 - Design, Quality and Place and Policy 16 -
Quality Homes. In addition, Policy 22 Flood Risk and Water Management National Planning is of
relevance. 
5.3 This application can therefore be assessed against the policy provisions of the North Lanarkshire
Local Development Plan and the relevant policies with NPF4. 
6. Consultations 
NLC Roads has not objected to the application, however, following initial formal comments on the
layout and garage dimensions the applicant satisfactorily responded with additional detail. Roads
having considered the latest layout and the updated Street Engineering Review (SER) remain
concerned that the level of detail on drainage layout showing how the road drainage would work has
not in their view been submitted. They take the view that if modelled slightly incorrectly, with no
kerbs to direct the water they would be concerned about the risk of properties being flooded. While
drainage detail and implementation is recommended as the subject of a planning condition the
applicant is required to submit a level of detail to satisfy requirements of a Road Construction
Consent. 
NLC Protective Services has no objection to the proposed development and makes reference to
best practice concerning construction noise, dust control, site contamination, waste material, air
quality and light pollution. To ensure potential risks arising from previous land uses around the site
have been fully assessed a comprehensive site investigation requires to be submitted. 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. this is recommended as the subject for planning condition. 
NLC Play Services comment that for a development consisting of 42 dwellings there is a
requirement for the developer to provide play provision.  The initial proposed site layout did not
include a play area however on this occasion Play Services are prepared to accept a financial
contribution in lieu of on-site provision which will be used to upgrade existing Council owned play
facilities in the locality area which can be accessed by residents of the proposed development. The
Applicant subsequently submitted a revised drawing showing a play area commensurate with current

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planning guidance on play provision. The detail of equipment is recommended as the subject of
planning condition. 
NL Homes (affordable housing) commented that The Council’s Affordable Housing Policy CI
Contributions to Infrastructure seeks provision of a proportion of affordable housing in the
Cumbernauld Sub -Market Area as follows: 
o On sites capable of accommodating 20 or more dwellings, the developer will normally be
required to make on-site provision for 25% affordable dwellings integrated into the proposed
development. 
o The provision of social rented housing to other forms of affordable tenure is likely to be in the
ratio 80:20. 
o On-site provision means serviced and accessible land within a housing development is
transferred or sold, taking account of land value for affordable housing, to an appropriate
social housing provider, generally either a housing association or North Lanarkshire Council,
for development on ‘Larger Sites’; or for sites with a capacity of 5 to 19 units, a commuted
sum equivalent to provision of 25% affordable housing will be required. In this instance,
where the site capacity has been indicated as 42 units, there will be a requirement for
provision equivalent to 10 units. The applicant contacted the New Supply team to discuss
the proposed affordable housing contribution, in relation to meeting the requirements under
policy CI Contributions to Infrastructure. This is discussed in Section 8 below. 
NLC Green space (ecology) commented that the site has no nature conservation designations
within it. However, Green Space comment that it lies directly adjacent to Colzium-Lennox a Site of
Importance for Nature Conservation (SINC). The SINC is designated as woodland and parkland with
semi-natural habitats. SINC sites are protected by Council policy PROT A Natural Environment and
Green Network Assets and is discussed further in section 8 below.  The site itself is composed
mainly of hardstanding with some scrub and vegetation to the north of the site. Greenspace main
concern relates to the post construction impacts on the SINC and recommend the need for a suitable
buffer of at least 10 m to reduce disturbance and adverse impacts such as fly tipping. Low growing
thorny shrubs should be planted in the buffer zone to enhance security and deter misuse as part of
the landscape plan. In terms of access There are no designated Core Paths or recorded Rights of
Way crossing the development site. Core Path 45 follows the eastern boundary of the site. Access to
and along this path must remain free from obstructions during and after any development taking
place. 
Historic Environment Scotland (HES) do not have any comments to make on the proposals. HES
recommended that it would be appropriate to seek advice on potential archaeology. It should be
noted that while HES provided no comment on designated landscape, Colzium Lennox Estate,
Kilsyth has been assessed for inclusion on the Inventory of gardens and designed landscapes by
Historic Environment Scotland and met the criterion of national importance. The decision is to
include the site on the inventory of gardens and designed landscapes was taken on the 17th of
February 2021. 
Archaeology: Observations relate to the archaeological potential of the ground and the appropriate
handling of any such potential within the planning process. Following a review of the documentation
submitted with the application, while there are no known archaeological sites in the proposed
development area, a review of the available map evidence indicates that the broad site was arable in
the 18th century, which raises the possibility of previously unknown prehistoric and medieval
archaeological remains on the site. However, it is also clear that the site has been previously
developed which would have destroyed any such potential archaeological remains. The
development area also lies immediately out with the boundary of the Kilsyth designated battlefield
and while in theory there is a potential setting impact, existing development has made the are less
sensitive to further change. Therefore, in conclusion as there is no known or potential impact on
underling archaeological remains there can be no objection or comment.   
The Coal Authority considers that the content and conclusions of the Report on Site Investigations
(September 2021, prepared by Mason Evans Partnership Ltd) are sufficient for the purposes of the

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planning system in demonstrating; that in respect of coal mining legacy, the application site is safe
and stable for the proposed development.  The Coal Authority therefore has no objection to the
proposed development. It should be noted that wherever coal resources or coal mine features exist
at shallow depth or at the surface, there is the potential for mine gases to exist. These risks should
always be considered by the LPA. The Planning & Development team at the Coal Authority, in its
role of statutory consultee in the planning process, only comments on gas issues if our data
indicates that gas emissions have been recorded on the site.  However, the absence of such a
comment should not be interpreted to imply that there are no gas risks present.  Whether or not
specific emissions have been noted by the Coal Authority, local planning authorities should seek
their own technical advice on. Members may wish to note that a comprehensive site investigation
requires to be submitted. 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. As advised above, this is
recommended as the subject for planning condition. 
NLC Education: The proposed development lies within the catchment area of Balmalloch Primary
school and St Patrick’s Primary school, Kilsyth. Pupils from these schools ordinarily transfer to
Kilsyth Academy and St Maurice’s High school for secondary provision. Education anticipates
capacity constraints in the primary sector going forward. However, it is proposed to alleviate those
pressures by the careful management of placing requests to the school in future years. 
Scottish Environment Protection Agency (SEPA) have no objection to this application on the
grounds of flood risk, based on the following: 
A Flood Risk Assessment (FRA) has been submitted in support of this development proposal, due to
the potential flood hazard from the Colzium Burn and canal feeder. The FRA is based on appropriate
methods and its representation of flood risk at the site is in line with all other evidence that is
currently available. SEPA are in agreement with the flood management measures proposed, with the
focus being upon floodplain avoidance. 
The FRA has also identified potential vehicular access/egress concerns which it is recommended
should be considered by the Flood Risk Management Authority (FRMA). But it is noted that safe
access/egress is possible for pedestrians to naturally higher ground. It is also recommended that the
FRMA satisfy themselves that freeboard allowances, post-development runoff and management are
acceptable for flood control purposes. 
7. Representations 
7.1 Following initial neighbour notification procedures and press advertisement 12 letters of
representation (including Kilsyth Community Council) were received including a late submission from
the local member Stuart McDonald MP. Due to amendments to the initial site layout to take
cognisance of flood risk a further notification to neighbours was issued resulting in a further 3 letters
of representation bringing the total overall to 15. 
The objections can be fairly summarised as follows: 
Residential Amenity 
• The development will result in loss of privacy due to overlooking to 41 Miles End 
Response: Window to window distance approx. 24 metres (15 metres to garden boundary)
exists between the nearest property and the objectors dwelling and a significant loss of amenity
is therefore not anticipated.
• Plots 1 and 2 also have a direct line of sight into both garden ground and dwelling (22 Ladeside
Drive) 
• Response: Window to window distance is in excess of 20 meters (off set 45 degrees) with the
site screened by a high hedge line a significant loss of amenity is therefore not anticipated.

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• I would like to request that a lighting study be done to ensure that the position of these houses
does not impact the amount of light that the back of my house and my garden.
Response: No significant loss of sunlight day light will occur as a result of the development not
least as there is an existing dense tree line along this boundary.
Tree retention 
• Conifer trees on the boundary with Ladeside drive should be retained
Response: Recommended as subject of planning condition
• Trees on the boundary line are illustrative on the development plans but is the plan to remove
some/all of the current trees since the current trees afford privacy.
Response: It is proposed that a planning condition to retain the trees will be attached to the
decision.
Flooding and drainage
• Periodic flooding periodically occurs in and around this site.
• How will flooding issues be resolved.
• Surface water should not be discharged to the Ebroch Burn should not be permitted.
• what the drainage is for the proposed estate
• Further building without mitigation will only exacerbate the problem, not alleviate
• the existing flood prevention that we have for the neighbouring Cavalry Park development is
inadequate and has not been maintained to a standard that flood prevention (such as sluice
gates) can handle the amount of rainfall.
• Kilsyth experienced severe flooding in August 2020 which included our home. Our neighbours
who have resided here for nearly half a century have never seen the surface water levels as
high on our street before. We, along with a number of other residents along the Stirling Road
area, have since been submitted to grave trauma and have been out of our house still to this
present day1 Monieburgh Road.
Response: Flooding is discussed in paragraph 6 under SEPA comments and below in section 8.
Pollution
Noise 
• The application site is next to an industrial building which may give rise to unacceptable noise
levels.
Response: Pollution control comments on noise are discussed in section 6 of the report.
Ground contamination
• The previous owner of the land has dumped contaminated waste throughout the area being
proposed for development.
Response: Pollution control comments discussed in section 6 of the report.
Design 
• The site aesthetics and architecture are poor.
Response: The layout and house designs are in-keeping with this part of Kilsyth.

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• As a part of this flood issue we understand a piece of land at front of site will be sacrificed and
left 'green'. As part of the planning agreement will this piece of land be 'blocked' for future
development plans.
Response: Planning conditions will require full details to be submitted for the Surface Water
Drainage System (SUDS) and the compensatory flood storage basin that includes this area of
land. 
• How is this piece of land to be landscaped and what is the longer-term plan on who maintains
this piece of land
Response: Landscaping and landscape maintenance for the entire site is recommended as a
subject for planning condition.
Ecology
• The site is frequented by all varieties of wildlife during the day including bats using it as a
hotspot feeding area in the summer evenings.
Response: Ecology comments are discussed in paragraph 6 and paragraph 8.28.
Miscellaneous
• Work has already commenced on this site
Response: The applicant has confirmed plant was on site to undertake pre-development
surveys.
• There should be control on buy to let on the flatted element of the development.
Response: The Council’s affordable housing policy is discussed in section 8 of the report,
however, this particular concern cannot be controlled through the planning regime.
• Construction noise than 20 meters from existing dwellings will result in disturbance to everyday
lives
• Response: while it is recognised with all residential developments that some noise is inevitable
as part of the construction process it is not considered sufficiently material to refuse a planning
application and is therefore covered by environmental legislation where it is deemed to be
excessive.
• Communal bin store for the flats can be a breeding ground for both vermin and a source of
odour when residents of the flats use the area as a dumping ground and do not properly dispose
of waste.
Response: the location of refuse areas is accepted in the design of the development. The
planning system does not seek to control the improper disposal of resident’s waste which is
considered under environmental legislation.
• The area around the flats to the west side of the development, I see both a drying area and a
seating area. I would like to raise concern that this may become an area for congregating that
may result in noise pollution for the area.
Response: The design process would not ordinarily discourage future residents from using their
amenity space, as such, it is considered sufficiently material to refuse a planning application and
is therefore covered by other legislation where noise is deemed to be excessive.
Non-Material
• More details need to be given on how the house in the development will be constructed. Will the
new houses be built on piles, or will foundations be used.

Page 16

Response: This is not a material planning consideration being considered under the building
standards legislation.
• large machinery used during the construction process will give rise to vibrations affecting houses
in Ladeside Drive. I would expect this to be monitored/measured throughout the build of the
development and any vibration that exceeds normal bounds result in the cessation of the activity
causing the vibrations.
Response: This is not a material planning consideration
• The land has also increased in height with general dumping of soil thus increasing the water
table.
Response: This is not a material planning consideration however matters relating to flooding are
discussed in section 8 of the report.
Notwithstanding the planning status of the comments above the applicant’s consultant engineer
confirmed that if piling is required, the vibration limits would be limited in accordance with BS7385-2
which is 15mm/s for residential properties which is the most onerous classification. Given the nature
of the soils he confirmed that it is very unlikely that the threshold would be reached. 
8. Planning Assessment 
8.1 This proposal is assessed in terms of the relevant North Lanarkshire Local Development Plan (LDP) 
policies and National Planning Framework (NPF) 4 The site is covered by local plan planning policy
Prom Loc 3 Housing Development Sites (Promoting Residential Development). Also of relevance are
PP 3 POLICY Purpose of Place, AD 3 POLICY Amount of Development, EDQ1 Site Appraisal, 
EDQ3 Quality of Development. With regards to NPF4 the following polices are of relevance are 
Policy 9 - Brownfield, Vacant and Derelict Land and Empty Buildings, Policy 14 - Design, Quality and 
Place and Policy 16 - Quality Homes. In addition, Policy 22 Flood Risk and Water Management 
National Planning 
National Planning Framework 4 
Policy 22 - Flood risk and water management
8.2 This particular policy is of relevance given historic flooding issues/concerns highlighted by local 
residents  in this part of Kilsyth 
8.3 Policy Intent: To strengthen resilience to flood risk by promoting avoidance as a first principle and
reducing the vulnerability of existing and future development to flooding.
Policy Outcomes:
• Places are resilient to current and future flood risk.
LDPs should strengthen community resilience to the current and future impacts of climate change,
by avoiding development in areas at flood risk as a first principle. Resilience should also be
supported by managing the need to bring previously used sites in built up areas into positive use;
planning for adaptation measures; and identifying opportunities to implement improvements to the
water environment through natural flood risk management and blue green infrastructure.
Plans should take into account the probability of flooding from all sources and make use of relevant
flood risk and river basin management plans for the area. A precautionary approach should be
taken, regarding the calculated probability of flooding as a best estimate, not a precise forecast. For
areas where climate change is likely to result in increased flood exposure that becomes
unmanageable, consideration should be given to alternative sustainable land use.

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Policy 22 advises that:
a) Development proposals at risk of flooding or in a flood risk area will only be supported if they are
for:
iv. redevelopment of previously used sites in built up areas where the LDP has identified a need to
bring these into positive use and where proposals demonstrate that long-term safety and resilience
can be secured in accordance with relevant SEPA advice.
The protection offered by an existing formal flood protection scheme or one under construction can
be taken into account when determining flood risk.
In such cases, it will be demonstrated by the applicant that:
• all risks of flooding are understood and addressed;
• there is no reduction in floodplain capacity, increased risk for others, or a need for future flood
protection schemes;
• the development remains safe and operational during floods;
• flood resistant and resilient materials and construction methods are used; and
• future adaptations can be made to accommodate the effects of climate change.
Additionally, for development proposals meeting criteria part iv), where flood risk is managed at
the site rather than avoided these will also require:
• the first occupied/utilised floor, and the underside of the development if relevant, to be above the
flood risk level and have an additional allowance for freeboard; and
• that the proposal does not create an island of development and that safe access/egress can be
achieved.
8.4 The site is designated for housing in the local development plan and would represent the
redevelopment of a previously used site in the built up area where the LDP has identified a need to
bring it into positive use and where proposals demonstrate that long-term safety and resilience can
be secured in accordance with relevant SEPA advice. A precautionary approach has been taken,
regarding the calculated probability of flooding as a best estimate, not a precise forecast. Climate
change has been taken into consideration to test the likelihood of increased flood exposure and
remains manageable. Development proposals submitted are designed to manage all rain and
surface water through sustainable urban drainage systems (SUDS), which would form part of and
integrate with proposed and existing blue-green infrastructure. No surface water connection to the
combined sewer is proposed.
8.5 The other NPF 4 Policies that are of relevance are Policy 9 - Brownfield, Vacant and Derelict Land
and Empty Buildings, Policy 14 - Design, Quality and Place and Policy 16 - Quality Homes.  These
policies are embedded and reflected within the NLLDP 
8.6 Policy 9 supports development that will result in the sustainable reuse of brownfield land, including
vacant and derelict land and buildings.  The proposal is considered to comply with this policy.
8.7  Policy 14 states that development proposals should be designed to improve the quality of an area
whether in urban or rural locations and regardless of scale.  Proposals will be supported if the
development is consistent with the six qualities of successful places as set out in Appendix D of
NPF4, namely:- Healthy, Pleasant, Connected, Distinctive, Sustainable and Adaptable.  It is
considered that the proposal is consistent with these qualities and is of a good design and without
detriment to the surrounding area, it is therefore considered to comply with this policy.

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8.8 Policy 16 supports developments for new homes on land allocated for housing in the LDP.  The
application site is an allocated housing site within the urban area and the proposed development will
not have a detrimental impact on the area and is compliant with the general principles of this policy.
8.9 The development is considered to accord with the  NPF 4 policies above and the key themes of
these policies are embedded in the adopted NLLDP and, in particular, Policies PP 3, AD 3, EDQ 1
and EDQ 3 which are discussed in the following sections.  
PP 3 POLICY Purpose of Place
8.10 North Lanarkshire 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. General Urban Areas are either primarily residential in character or have a
mixture of recognisably urban uses. The aim of the Plan is to maintain and improve the level of
amenity appropriate for the local context. Development in Classes 8 (Residential Institutions) and 9
(Houses) of the Town and Country Planning (Use Classes) (Scotland) Order 1997 is deemed to
support the purpose of those places and offer the best opportunity to meet the aims of those places.
This will primarily be achieved through the provisions of the Environmental and Design Qualities
Policies of the Plan, which will also be applied to all proposals for developments of Classes 8 and 9. 
8.11 The proposed development site is an allocated housing site. As such, the principle of new residential
development is accepted by virtue of the policy designation. The application is considered to comply
with the objectives of policy PP 3 POLICY Purpose of Place. 
AD 3 POLICY Amount of Development
8.12 Applications for planning permission for new development will be assessed for their implications
related to the amount of development proposed. If the proposed use is deemed appropriate under
Policy PP3, its scale must be assessed. In addition to the provisions of the Environmental & Design
Qualities Policies, an assessment of the amount of development for any new proposal. As a
designated housing site, no assessment on the amount of development is required. 
EDQ 1 POLICY Site Appraisal
8.13 Any proposed development will require 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. The
matters to be addressed in the appraisal include but are not limited to criteria set out in the Local
Development plan under policy EDQ 1 POLICY Site Appraisal.
8.14 The residential dwellings are proposed to be located on an area of a former industrial yard albeit
designated as promoting the principle of residential development. As a proposed infill residential
development, it is reasonable to state that the proposed development would generally be in keeping
with the character of the surrounding area. Therefore, the site with considered design qualities set
out in policy (EDQ 3) Quality of Development can accommodate such a residential development
without significantly affecting the amenity of adjacent dwellings or bio-diversity adjacent to the site.
Identified impacts can be mitigated such that the development is considered to result in a net
improvement to the site in terms of amenity and setting. In land use terms the principle of the
development is therefore acceptable and complies with policy EDQ 1 POLICY Site Appraisal.
EDQ 2 POLICY Specific Features for Consideration
8.15 The Council will expect applications for Planning Permission to be accompanied by an assessment
of how constraints affect sites dependant on the characteristics of the site, its surroundings and the
form of development. Scottish Environmental Protection Agency’s Flood Maps can be used to
identify areas of functional floodplain to help ensure a precautionary approach is taken to flood-risk
from all sources taking account of the effects of climate change. SEPA is a statutory consultee in the
planning process and applicants will always be advised to consult with SEPA on matters pertinent to
flood-risk.

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8.16 Following an initial objection from SEPA (issued under SEPA ref 3104 on 19 November 2021) to the
proposed development on flood risk grounds. A technical memo (by Kaya Consulting, dated 22 April
2022) and a revised layout has subsequently been submitted by the applicant in support of this
proposal. The memo confirms that the layout has been revised to adopt a floodplain avoidance
approach.
8.17 The updated design includes flow control along with sediment management. Sediment issues within
the watercourse have been acknowledged and we are now satisfied that the flood hazard at the site
will not significantly increase. As such SEPA confirmed that the proposed development, as described
in the updated information, will be unlikely to negatively affect the proposed Flood Protection
Scheme (FPS).
8.18 Following the removal of SEPA’s objection, concerns remained with the Planning Service over the
potential flooding of garden ground within some plots and the carpark area serving the flats. The
applicant proposed landscape modifications which were considered by the Planning service as
potential mitigation. SEPA have reviewed the updated information, including revised drawings
provided by the applicant. They have no objection to the proposal, as described in the updated
information. The updated design shows no development in the flood plain and compensatory flood
storage is proposed (located in the area between the proposed houses/flats and Stirling road).
Additional concerns were raised by the planning service about potential negative effects on the wider
flood protection scheme FPS, and SEPA was subsequently re-consulted. SEPA continued to be
satisfied that the proposal should have at least a neutral effect on flooding. It is considered that the
eventual introduction of the wider flood protection scheme (being investigated by NLC) will remove
any flooding issues in relation to the site and its surroundings but will also benefit from the additional
flood management proposed for this site. The proposal is therefore viewed, insofar as reasonably
feasible, as compliant with national policy in relation to flooding matters. It is noted that SEPA are
reliant on the accuracy and completeness of the information supplied at the time of providing their
advice.
8.19 North Lanarkshire Council has published guidance relating to the development of contaminated land,
which can be accessed through the Council web site. Developers should consult this guidance when
preparing their site appraisals and consult with the relevant section of the Council as required.
Where a ground stability, 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.
8.20 In considering part 1 ground stability, The Coal Authority considers that the content and conclusions
of the Report on Site Investigations (September 2021, prepared by Mason Evans Partnership Ltd)
are sufficient for the purposes of the planning system in demonstrating; that in respect of coal mining
legacy, the application site is safe and stable for the proposed development.  Pollution control
commented on potential historic site contamination, and it is recommended site investigation
requirements which should be the subject of a planning condition should members be minded to
approve this application.
CI POLICY Contributions to Infrastructure
8.21 Where new development is proposed that, individually or cumulatively, generates a requirement for
new or enhanced infrastructure or services in the categories listed, developers will be expected to
contribute towards the provision of the required infrastructure, facilities and services. This will include
any infrastructure to be provided in advance of development proposed in this Plan.
8.22 Developer contributions will be sought through a legal agreement or planning condition and in
accordance with the five tests of Circular 3/2012 – “Planning Obligations and Good Neighbour
Agreements”, as outlined by the Scottish Government and in accordance with this Policy
8.23 Policy CI Contributions to Infrastructure is of relevance to this proposal. For sites with a capacity of
greater than 20 units, the first preference is for the equivalent to on-site provision of 25% affordable
housing. In this instance, the policy requirement for affordable housing provision is equivalent to 10

Page 20

affordable residential units. In accordance with the Council’s policy, the Housing Development
Manager agreed that in this case the requirement will be met by delivery of  payment of a commuted
sum in lieu of on-site provision, equating to 10 units, the value of which has been determined by the
District Valuer Service, Glasgow Valuations Office as £260,000 (Two Hundred and Sixty Thousand
Pounds Sterling), with payment of same, to be secured through a legal agreement which, if the
committee are minded to grant planning permission will require to be concluded prior to the decision
being released by the Council.
8.24 Policy CI Contributions to Infrastructure assesses the demand of new development on existing
neighbouring community amenities and infrastructure and where new or extended
amenities/infrastructure is required the cost to be met by means of developer contributions.  NLC
Education confirm that no impact on current education infrastructure is anticipated. As such, any
issues can be addressed through the careful consideration of placing requests. The application
therefore complies with the objectives of Policy CI Contributions to Infrastructure in this respect.
EDQ 3 POLICY Quality of Development
8.25 Development will only be permitted where high standards of site planning and sustainable design are
achieved. Planning Applications will need to demonstrate that the proposed development takes
account of the site appraisal carried out as a requirement of Policies EDQ 1 and, if appropriate, EDQ
2, assets protected under Policy PROT, any evaluation of design options, and achieves a high-
quality development in terms of relevant criteria set out in the local development plan EDQ 3
POLICY Quality of Development.
8.26 Part (a) Policy EDQ 3 (Quality of Development) of the policy considers siting, overall layout, density,
form, scale, height, massing, proportion, detailing, colour, materials considering successful
integration into the local area and avoiding harm to the neighbouring amenity. This is discussed
below.
8.27 The siting of the development at this location is considered appropriate in principle in redefining the
urban residential area. The overall layout has considered current Scottish Government Policy on
design in that the layout and nature of the housing proposed is considered acceptable, following a
hierarchy of spaces. The layout has been developed to have good frontages internally and where
these have not been possible prominent public frontages on to Stirling Road are set back from
Stirling Road. The applicant proposes a variety of house types which are generally considered
acceptable in design and detail. The applicant proposes a range of materials for external finishes
dependent on the house type and this is set out above. The density is considered acceptable for a
contemporary housing development.
8.28 Windows are generally positioned and designed to maximise solar gain and provide passive
surveillance to the street and communal landscaped areas, arranged around green spaces. The
inter-building spacing, building arrangement and orientation ensures that there is no loss of
residential amenity in terms of privacy, overlooking or loss of sunlight /day light within the site.
Similarly, the retention and protection of structure planting and additional planting proposed is
acceptable.  Given the foregoing it is therefore considered that design and layout of the development
is acceptable overall and does not result in a significant loss of amenity to the surrounding area
notwithstanding, satisfactory linkages to be provided to the surrounding area. 
8.29 In considering open space, the document Developer’s Guide to Open Space minimum space around
dwellings guidance requires that gardens are of an acceptable dimension. It is acknowledged that
the layout accommodates a reasonable level of garden ground which will be enhanced by areas of
communal landscaping. The maintenance of these landscape features is the subject of a planning
condition requiring a management and maintenance scheme. This guide also considers active play,
and a suitable area of equipped play space is incorporated into the design. 
Part (b) of the policy Providing a safe, pleasant, inclusive, convenient, and welcoming development
addressing which was considered against the submitted supporting information and was found to be
generally acceptable for a proposal of this magnitude. The proposal provides a safe inclusive
convenient and welcoming development which has pedestrian links and is relatively close to

Page 21

available public transport via network wider links. The access for private cars and curtilage car
parking has been assessed and found to be generally acceptable. Based on detail submitted, it is
considered that the proposal complies with this part of the policy. Generally, the layout has
considered designing streets, where appropriate, notwithstanding the constraints of the site and
connectivity which is largely driven by existing street structure. NLC Roads has not objected to the
application, however, following initial formal comments on the layout and garage dimensions the
applicant satisfactorily responded with additional detail. Roads having considered the latest layout
and the updated Street Engineering Review (SER) remain concerned that the level of detail on
drainage layout showing how the road drainage would work has not in their view been submitted.
They take the view that if modelled slightly incorrectly, with no kerbs to direct the water they would
be concerned about the risk of properties being flooded. While drainage detail and implementation
are recommended as the subject of a planning condition the applicant is also required to submit a
level of detail to satisfy requirements of a Road Construction Consent.  Whilst the remainder of the
comments given by NLC Roads in respect to the internal layout were addressed the reasons for
continuing the assessment cannot not reasonably be sustained in planning terms. It is noted that the
proposed site has been designed in the main to take account of national policy guidance ‘Designing
Streets’ in order to create a greater sense of place and provide a nature of street design that is more
integrated and considered from a design perspective. Overall, it is accepted that a more design-led
approach to the development has been achieved, whilst satisfactorily demonstrating functionality,
safety and a good degree of passive surveillance from the proposed housing. The areas of formal
open space (which are accessible to the development users), throughout the layout it is proposed to
incorporate some additional landscaping.  The above detailed design elements are considered to
create a safe, welcoming development and in time, when landscaping within and around the
development fully matures. 
8.30 Part (c) of the policy considers sustainability. It is acknowledged by the Local Development Plan that
the location is considered acceptable in terms of travel being a close to town centre site. Providing
scope for the design to link pedestrians to local footpaths in proximity to local amenities in
addressing current standards on new developments and to meet the appropriate sustainability level
more generally.
8.31 Drainage and Water Body Status (f). It is noted that there is a number of interconnected water bodies
located around the site and are referenced in the applicants submitted flood risk assessment. The
applicant proposes attenuate surface water to SUDS features prior to connecting with Scottish
waters infrastructure. Planning conditions will ensure that the new separate drainage system will be
designed and installed in accordance with the relevant standards, current guidance, and best
practice.  Details of these drainage arrangements and an initial drainage strategy have been
submitted and the principle of this strategy is considered acceptable in addressing the planning
requirements at this stage. A condition is recommended on any consent requiring the implementation
of the scheme to be agreed with Scottish Water and signed off by a chartered engineer as complying
with SEPA’s guidance on suds, on completion of drainage works. As such the proposal complies
with Part (f) Protecting Water bodies and SUDS/Drainage.
8.32 In concluding this section of the report there are no substantial planning policy issues that merit
refusal of the application and there are grounds to consider that the proposal is an acceptable as a
housing site as set out in the Local Development Plan. In light of all of the above, it is considered that
the proposal is in accordance with Policy EDQ 3 (Quality of Development)
PROT B POLICY Historic Environment Assets
B2 Gardens and Designed Landscapes in Scotland
8.33 Development shall not impact adversely upon important views to, from and within them, or upon the
site or setting of component features which contribute to their value.
8.34 The north of the site lies adjacent, Colzium Lennox Estate, Kilsyth and therefore policy PROT B
POLICY Historic Environment Assets is relevant to this assessment. Historic Environment Scotland
Colzium Lennox Estate, Kilsyth has been included recently in the Inventory of gardens and designed
landscapes by Historic Environment Scotland and met the criterion of national importance. This is
considered in part B2 of the policy the inventory of gardens and designated landscapes in Scotland.

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The policy advises that development shall not impact adversely upon important views to and from
and within them, or upon the site or setting of component features which contribute to their value.
Given the current use of the site, its location within the general urban area, mature boundary planting
and existing recent residential development it is considered that the proposal complies with policy
B2. (HES) recommended, following consultation, that it would be appropriate to seek advice on
potential archaeology and this response is set out above in section 6. 
PROT A POLICY Natural Environment and Green Network Assets
8.35 The site a longstanding former industrial site comprising of large areas of hard standing with very
restricted vegetation growth giving rise to an ecological environment that is extremely limited. As
such, an ecology habitat survey on protected species and habitat has not been submitted. On the
basis that potential wildlife interests within the site have been considered and, in this case,
discounted by virtue of the unfavourable environment of the site. In considering Green Space
comments it is noted that the site itself has no formal natural heritage designation being a former
industrial yard. However, it lies directly adjacent to Colzium-Lennox a Site of Importance for Nature
Conservation (SINC). As such, a buffer zone between the development area and the SINC boundary
should be implemented. It should be noted however that the designated SINC boundary already lies
at a distance of between 11 and 15 metres from the coterminous boundary of the application site
boundary, thereby providing a pre-existing stand-off. The applicant also intends to erect temporary
barrier along the site boundary in order to further protect this edge from construction activity.  NLC
Green Space comment that the woodland edge provides good quality foraging habitat for bats. The
applicant recognises this important ecological feature and has indicated on the submitted drawings
that it will be retained. As much of the site is hardstanding with the adjacent woodland riparian
corridor and SINC, a Preliminary Ecological Appraisal was not undertaken. The applicant has
indicated that the hedgerow buffers the site from adjacent housing to the west will be retained.
Greenspace also have concerns of post construction impacts on the SINC and the current buffer in
excess of 10 m within the control of the Council as adjacent landowner will be retained. The request
to plant low growing thorny shrubs is noted.
Other Material Considerations
8.36 In terms of the consultation responses the matters raised in relation noise, transportation, flooding
and drainage and potential land contamination are adequately covered by recommended planning
conditions or other matters have been suitably addressed. The objections to the development are
noted but not considered to raise matters sufficient to warrant refusal of the application in this
instance.
9. Conclusion
9.1   The proposed development is acceptable in terms of its impact upon the site and the surrounding 
residential area. The development would utilise the existing infrastructure, facilities, road network 
and provides pedestrian access throughout the site. In addition, it is considered that the proposed 
development would not result in an unacceptable impact on environmental assets. The dwellings are 
considered to be of an accepted design and comply with the terms of the policies of the North 
Lanarkshire Local Development Plan in that the development does not result in the significant loss of 
amenity but contribute to the character of the surrounding residential area without significantly 
diminishing road and pedestrian safety.  The development could be comfortably accommodated 
within the site with no significant amenity issues in terms of loss of sunlight or privacy of the 
neighbouring dwellings. The proposed scale and design have remained sympathetic to the dwellings
in the surrounding sites, coupled with a scheme of landscaping would not have a significant adverse 
visual impact on the wider area.  The application has been satisfactorily progressed to the position 
where outstanding and final detail can be confirmed via conditions. The proposed development 
meets the criteria set out in NPF4 National Planning Framework and the development policies 
contained within the North Lanarkshire Local Plan. There are no material considerations that would 
merit refusal of this application. Accordingly, it is recommended that planning permission be granted
subject to conditions.

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9.2 That should members be minded to approve a formal decision notice shall not be issued until a legal
agreement has been concluded to secure the payment of a commuted sum that will ensure
accordance with the Council’s Affordable Housing Policy.

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Application No:  
22/00823/FUL
Proposed Development: 
Single detached dwellinghouse 
Site Address: 
Land West Of
28 Gartmorn Grove
Plains
ML6 7GA 
Date Registered: 
8th August 2022 
Applicant:
Mr Alan  Wilson
Modern Housing Ltd
166 Park Street
Motherwell
ML1 1SX 
Agent:
N/A
Application Level:
Local Application 
Contrary to Development Plan:
No
Ward:   
08 Airdrie North 
Alan Beveridge, Sophia Coyle, Henry Emerson
Dunbar, Richard Alan Sullivan,
Representations:
8 letter(s) of representation received.   
Recommendation: Refuse 
Reasoned Justification: 
Whilst the proposed residential use of this site would accord with Housing Development Site
policy PROM LOC 3 and is an acceptable use within the General Urban Area, it is considered
that the proposed scale and layout of the development would represent the overdevelopment
of the site and the loss of a valuable area of open space. The proposed development would
lead to unacceptable adverse impacts on the amenity of the site and wider area. As such, the
proposal is contrary to local development plan policy EDQ3 and on balance it is concluded
that planning permission be refused.

Page 25

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: 22/00823/FUL 
Name (of applicant): Mr Alan  Wilson
Site Address: Land West Of
28 Gartmorn Grove
Plains
ML6 7GA
Development: Single detached
dwellinghouse

Page 26

Recommendation: Refuse for the Following Reasons:-   
1. The proposal contravenes policy EDQ 3 (Quality of Development) of the North Lanarkshire Local
Development Plan 2022 in that: the proposed scale and layout represents overdevelopment of the
site; the development lacks adequate garden ground and space to park and manoeuvre safety; the
development would result in the loss of an area of valued open space and the development would
result in unacceptable adverse impacts on the amenity of the residential area. 
Background Papers: 
Consultation Responses: 
The Coal Authority 
Traffic & Transportation 
Environmental Health (including Pollution Control) 
Contact Information: 
Any person wishing to inspect these documents should contact esplanning@northlan.gov.uk 
Report Date: 
14th June 2023

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APPLICATION NO. 22/00823/FUL 
REPORT 
1. Site Description 
1.1   The application site is located within an existing established residential estate with an area of 
approximately 215 sqm. The site is located on Gartmorn Grove, Plains with existing dwellinghouse to 
the east, south and west. The application site slopes slightly to the south and southeast. 
2. Proposed Development 
2.1 Planning permission is sought for a single two storey detached dwellinghouse with attic
accommodation. 
3. Applicant’s Supporting Information 
3.1 The applicant has provided architectural drawings, site section drawing and a Geo-Environmental
and Geotechnical Interpretative Report as part of this application. 
4. Site History 
4.1  Planning permission for residential development for this site (as part of a wider residential
development) was initially granted in 1999 and there have been multiple amendment applications
approved since then. The most recent permissions granted for this site (as part of a wider residential
development) are 21/01003/AMD (Amendment to site layout and adjustment to plot 9 to create one
additional dwellinghouse, replacing one detached unit with two semi-detached units (amendment to
planning permission 20/00155/AMD)) approved subject to conditions on 30th August 2021 and
21/01549/AMD (Alterations to Site Levels In retrospect (Amendment to Planning Permission
21/01003/AMD which approved the construction of 24 dwellinghouses)) approved subject to
conditions on 27th January 2022. 
4.2 The application site was shown as an landscaped open space in both permission 21/01003/AMD
and 21/01549/AMD. 
5. Development Plan 
5.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 states that a planning application
should be assessed and decided in accordance with 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. 
5.3 The North Lanarkshire Local Development Plan 2022 (NLLDP) identifies the application site lying
within a Housing Development Site under policy PROM LOC 3 and is further 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. 
6.2 The council’s Pollution Control Service has no objections to this application and has advised that
conditions relating to the undertaking of site investigation information and any necessary remediation
works be attached to any permission.

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6.3 The council’s Roads Development Service has no objections subject to conditions relating to visibility
splays being attached to any permission. 
7. Representations 
7.1  We have received eight objections during the neighbour notification period and advertisement of this
application (including two objections from the same household), and these can be summarised as
follows:
• Impact on the privacy of neighbouring properties
• Impact on the daylight/sunlight to neighbouring homes and gardens
• The additional house will change the aesthetic of the street
• The additional house will bring more traffic to the street.
• There is no place for children to play if this house is approved to replace the approved
landscaped area.
• The proposed development would negatively impact the visual amenity of the street.
• The site is not big enough to fit another house as well as providing sufficient off-street parking. 
7.2 Other issues were raised however they are not material planning considerations. They include that
they were not aware of this proposed development at the time of purchasing their homes, additional
works vehicles during construction and the leaving of building materials on the street will impact child
safety and cause driveways to be blocked, further development could delay in completion of the road
surface and streetlighting, impacts on the health and wellbeing of residents and the loss of view from
existing properties. 
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. 
8.3 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. 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. 
North Lanarkshire Local Development Plan 2022 
8.4  The application site is designated as a Housing Development Site under policy PROM LOC 3 within
the North Lanarkshire Local Development Plan 2022. This site is further designated as part of the
General Urban Area under policies PP 3 and AD 3 which seek to encouraging development that is in
keeping with area with an often primarily residential character. 
8.5 Policy PP 3 General Urban Area requires such proposals to be to be assessed against the criteria of
EDQ 3 (Quality of Development) which considers issues such as size, materials, and road safety,
and which states that proposals must integrate successfully with the surrounding area by avoiding
harm to the neighbouring amenity. 
8.6 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

Page 29

neighbouring amenity. This appraisal addresses matters such as design, massing, topography and
transportation aspects. 
8.7 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. 
8.8 We consider that the proposed residential development of a single dwellinghouse would be
consistent with the sites designation of being a site for housing development and would be an
acceptable use in principle within the General Urban Area which is often primarily residential in
character. 
8.9 In relation to policies EDQ 1 the applicant has submitted information in relation to their appraisal of
the application site including architectural drawings, a site section drawing and a Geo-Environmental
and Geotechnical Interpretative Report as part of this application. 
8.10 With regard to policy EDQ 3, we consider that the layout of the proposed development is not
acceptable as the proposed space around the dwellinghouse does not comply with council guidance.
The garden ground proposed is insufficient, with less that 2m of rear garden ground and less than
3m of front garden ground being proposed. The minimum acceptable standard for rear garden
ground depth is 10m and 6m from front gardens. Whilst some of the other dwellinghouse on
Gartmorn Grove may have gardens which are slightly smaller (in terms of depth) than the council’s
guidance, all rear gardens are at least 9m long with front gardens being at least at least 4m in length. 
8.11  In terms of the transportation aspects of EDQ 3, it is noted that the council’s Roads Development
Service has not objected to this application. We consider that whilst there may be space to park
three cars on the proposed driveway, there will be limited space to manoeuvre a car, should all three
cars be parked at any one time. The proximity of the existing lamppost (located directly adjacent the
proposed driveway) would further reduce manoeuvring space for three cars to park and reverse on
or off the proposed driveway. Furthermore, given the close proximity of the proposed location to
storage refuse bins to the rear of the proposed driveway, this could further hinder the parking of
three cars on the driveway and could lead to the on-street parking of vehicles which in turn could
impact access to visitor spaces and the driveways of neighbouring dwellinghouses. 
8.12  Whilst it is noted that there is no access from the rear of the property with access to the main
proposed garden ground being from the side elevation, we consider that the development as
proposed represents an unacceptable over development of the site which would not integrate well
with the existing street design and layout and would adversely impact the amenity of the area.   
8.13 Although the proposed development may be consistent with policies PROM LOC 3, PP 3, AD 3, and
EDQ 1 of the North Lanarkshire Local Development Plan 2022, given overdevelopment of the site
and lack of usable garden ground, the proposed development would be contrary to policy EDQ 3 of
the North Lanarkshire Local Development Plan 2022. 
8.14  Eight objections (including two objections from the same household), have been received during the
neighbour notification and advertisement of this application. A summary of these objections is
detailed above. 
8.15  The objections received primarily relate to impacts on privacy for neighbouring properties, impact of
daylight/sunlight of neighbouring properties, impacts on the visual amenity of Gartmorn Grove, the
over development of the site and the loss of a previously approved area of open space. 
8.16 With regard to privacy concerns it is concerned, whilst it is noted that the distance between the
windows of the proposed dwellinghouse and that of 19 Gartmorn Grove is only approximately 17.2m

Page 30

instead of the minimally acceptable distance of 18m, it is considered that as the windows which
could impact the privacy of 19 Gartmorn Grove are that of an upper stair landing window, ground
floor side door with side light leading into the ground floor staircase and a side glass door leading
into the proposed lounge. We consider that these aspects are unlikely to cause a significant impact
on the privacy of occupants of 19 Gartmorn Grove. 
8.17 For 17 Gartmorn Grove, the distance from the front windows of this property is more than 18m from
that of the proposed dwellinghouse and as such it is unlikely that there will be a significant impact on
the privacy of occupants. For 28 Gartmorn Grove, there are no windows to the side elevation of this
property and given the angle of the windows facing the windows to the front elevation, we consider
that any impact on the privacy of occupants would be limited. 
8.18  In relation to daylight/sunlight concerns were specifically raised regarding 19 and 28 Gartmorn
Grove. The Building Research Establishment’s guide ‘Site Layout Planning for Daylight and Sunlight’
sets out empirical guidelines and methods for assessing natural light. The 25-degree test is to
establish the effect a proposed building will have on existing properties with regard to obstructing
daylight to existing windows/rooms. This test is carried out when the proposed building is opposite
the existing building. In this case 19 Gartmorn Grove is the only property directly opposite of the
proposed dwellinghouse. If the whole of the proposed development falls below a 25-degree line
drawn from the centre of the lowest rear window of the property facing each plot, the development is
not considered to have a substantial impact on daylight of that neighbouring property. 
8.19 Having undertaken this 25-degree tests for 19 Gartmorn Grove, we consider the that impact of the
daylight/sunlight on this neighbouring property would not be significantly impacted by the proposed
dwellinghouse. 
8.20 With regard to 28 Gartmorn Grove, it is acknowledged that there will likely be some impact on the
daylight and sunlight to the rear garden and potentially to the front elevation windows, in comparison
to current levels of daylight and sunlight. However, given the orientation of the front elevation
windows of 28 Gartmorn Grove and the distance between such windows from the proposed
dwellinghouse, we consider that any impact on the daylight and sunlight to these windows would not
be significant. There may be some overshadowing of the side and rear garden of 28 Gartmorn
Grove, again given the orientation and distance between the proposed dwellinghouse and 28
Gartmorn Grove, any overshadowing would not be significant. 
8.21  It is noted that the most recent planning permission designates the application site as an area of
open space as part of the wider residential development. Whilst no landscaping has yet been
planted on this site, once completed would represent the only area of open space directly accessible
by the residents of Gartmorn Grove. We therefore consider that the loss of this open space would
have a negative impact on both the site and the amenity of the wider area. 
8.22 We consider that whilst not all the concerns raised by objectors can be supported, their concerns
regarding the impact on amenity, loss of open space and parking provision are material
considerations 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 location, the apparent overdevelopment of this site, lack of garden ground and useable parking
provision as well as the loss of valuable open space would have an unacceptable and significant
impact on the amenity of Gartmorn Grove. 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 31

Application No:  
22/01452/FUL
Proposed Development:  
Erection of 22 Flatted Dwellings (16 x 2 bed and 6 x 1 bed) 
Site Address:  
140 Old Gartloch Road
Gartcosh
G69 8EH      
Date Registered:  
22nd December 2022      
Applicant:
Timetra Ltd
231  St Vincent Street
Glasgow
G2 5QY    
Agent:
Convery Prenty Shields Architects
231 St Vincent Street
Glasgow
G2 5QY  
Application Level:
Local Application      
Contrary to Development Plan:
No
Ward:   
06 Gartcosh, Glenboig & Moodiesburn 
Greg Lennon, Michael McPake, Joanne Katy Keltie
Representations:
6 letters of representation received.        
Recommendation: Approve Subject to Conditions  
Reasoned Justification:  
The proposed residential development of 22 flatted dwellings is considered to be in accordance
with the relevant policies contained in the North Lanarkshire Local Development Plan 2022 and
could be accommodated without unacceptable detriment to the character and amenity of the
surrounding area.    
Note to Committee:  Should planning permission be approved, no decision notice should be 
issued until a Legal Agreement has been concluded securing the required financial
contributions towards Education.

Page 32

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: 22/01452/FUL 
Name (of applicant): Timetra Ltd
Site Address: 140 Old Gartloch Road
Gartcosh
G69 8EH
Development: Erection of 22 Flatted
Dwellings (16 x 2 bed and 6 x 1 bed)

Page 33

Proposed Conditions:-  
1. That, except as may otherwise be agreed in writing by the Planning Authority, or updated as required
under the terms of any planning conditions, the development shall be implemented in accordance
with drawing numbers:-    
2177-001, 2177-002, 2177_005 Rev F, AP1930/topo/01, 12567-101 Rev B, 2177_202 Rev B,
2177_203 Rev B, 2177_120 Rev A and 12567_105 Rev A  
Reason: To clarify the drawings on which this approval of permission is founded.  
2. That before development starts, full details of the facing materials to be used on all external walls
and roofs shall be submitted to and approved in writing by the Planning Authority.    
Reason: In the interests of amenity and design by ensuring that external materials are appropriate
for the site.  
3. That no dwellinghouse hereby permitted shall be occupied until the road and footpaths have been
constructed to basecourse standard and the road and footpath shall be maintained thereafter to the
satisfaction of the Planning Authority during the construction phase.   
Reason:  To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.  
4. That before the last of the dwellings hereby permitted is occupied, all streets, footpaths, footways
and manoeuvring areas shall be completed to final wearing course.   
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.  
5. That BEFORE the development hereby permitted starts, full details of the design and location of all
fences and walls to be erected on the site shall be submitted to and approved in writing by the
Planning Authority and thereafter implemented, prior to and dwelling being occupied.   
Reason:  To ensure the provision of adequate boundary treatment.  
6. That before the development starts, unless otherwise agreed in writing with the Planning Authority, a
comprehensive site investigation (carried out in accordance with British Standard Code of Practice
BS 10175: 2001 "The Investigation of Potentially Contaminated Sites") shall be submitted to and
approved in writing by the Planning Authority;  and any approved mitigation measures shall be
associated with a implementation timetable and shall be completed and verification provided by the
Developer to the satisfaction of the Planning Authority.  
Reason: In the interests of public health, safety and wellbeing.  
7. That any remediation identified by the site investigation agreed in terms of Condition 6 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 individual 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 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.  
8. That before the construction of any roads or houses, unless otherwise agreed in writing with the
Planning Authority; full details of the final surface water drainage scheme shall be submitted to the
said Authority and shall be certified by a chartered civil engineer as complying with the most recent
SEPA SUDS guidance.

Page 34

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent
watercourses and groundwater, in the interests of the amenity and wellbeing of existing and future
residents adjacent to and within the development site.  
9. That the surface water drainage scheme approved under the terms of Condition 8 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
experienced in drainage works) shall be submitted to the Planning Authority confirming that the
SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans.  
Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of
the amenity and wellbeing of existing and future residents adjacent to and within the development
site.  
10. 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 sewerage and surface water drainage 
arrangements.  
11. That BEFORE the development hereby permitted starts, 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 implementation and maintenance of the landscaping scheme in the interest
of amenity.  
12. That all works included in the scheme of landscaping and planting, approved under the terms of
Condition 11 above, shall be completed in accordance with the approved timetable, and any trees,
shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years
of the full occupation of the development hereby permitted, shall be replaced within the following
year with others of a similar size and species.  
Reason: To ensure the implementation and maintenance of the landscaping scheme in the interest
of amenity.  
13. That no trees within the application site shall be lopped, topped or felled and no shrubs or 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.  
14.  That notwithstanding the generalities of Condition 13 above and prior to any construction work of any
kind taking place, an Arboriculture Method Statement and Tree Protection Plan shall be produced by
an experienced Arboriculture Consultant and submitted to the Council for approval.  The scheme as
approved shall be implemented and retained for the duration of the works on site.   
Reason:  To ensure that adequate tree protection measures are in place within the site.

Page 35

15. That before the occupation of any dwellinghouses, 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:-  
(a)  the proposed SUDS area;
(b)  any communal fences and walls;
(c)  all other communal areas.  
Reason: To ensure the maintenance of communal areas and infrastructure in the interest of amenity.  
16. That before completion of the development hereby permitted, the management and maintenance
scheme approved under the terms of Condition 15 shall be in operation.   
Reason: To ensure there is an adequate landscape maintenance scheme in place.  
17. That all flatted dwellings for which assessment shows that the significance of effect is large or very
large should be provided with suitable acoustic glazing and acoustic venting to allow windows to be
closed to achieve an acceptable level while providing adequate ventilation as per the Report on Road
Traffic Sound done by Charlie Fleming Associates dated 1st March 2023.  Before development
commences, the affected flatted dwellings must be identified and the mitigation measures proposed
for each of these individual flats must be provided to, and approved in writing by, the planning
authority.   
Reason:  To ensure that the affected flatted dwellings have suitable noise mitigation measures
incorporated as part of their build make up.  
18. That before any flatted dwellinghouse within the site hereby permitted is occupied, any noise
mitigation measures agreed under the terms of Condition 17 above shall be installed to the satisfaction
of the Planning Authority and a certificate (signed by a suitably qualified acoustic engineer) shall be
submitted to the Planning Authority confirming that the mitigation works have been completed in
accordance with the approved details. 
Reason:  To ensure that appropriate noise mitigation is in place.  
19. That if no development has started within one year from the date of the Bat Activity Survey Emergence
/ Re-entry report compiled by Mhor Environmental Ltd dated June 2023, updated surveys shall firstly
be carried out and the details of the findings of the surveys, including any mitigation measures shall be
submitted to and approved in writing by the Planning Authority.  For the avoidance of doubt, all
identified mitigation measures shall thereafter be implemented in accordance with a timescale to be
agreed with the Planning Authority.            
Reason: In the interests of the protection of natural habitats and protected species.  
20. That, notwithstanding the generalities of Condition 19 above, before development starts on site, details
of a Bat Box to be erected within the site must be submitted to the Council for approval.  Once
submitted, the Councils Greenspace section will be consulted and satisfied with the content of the
plans before works commence.   
Reason:  To ensure that adequate protection measures are in place for Bats.  
21. That BEFORE the development hereby permitted starts, full details of the design of the proposed Bin
Stores (x2) to be erected on the site shall be submitted to and approved in writing by the Planning
Authority and thereafter implemented, prior to any dwellinghouse being occupied.   
Reason:  To ensure the provision of adequate refuse bin storage.  
22. That the development shall be completed in accordance with the terms of the Affordable Housing
Agreement dated 9th June 2023.  For the avoidance of doubt, this consent only permits the
development of the site for 22 social housing units and the Affordable Housing Agreement relates to
the provision of all 22 units on the site being social housing.

Page 36

Reason: To ensure compliance with the Council’s Affordable Housing policy 
Background Papers:  
Consultation Responses:  
Letter from Scottish Water dated 29.12.22 
Memos from SEPA dated 31.1.23, 16.3.23, 21.4.23 and 17.5.23 
Memo from Environmental Health (including Pollution Control) dated 15.1.23 and 29.5.23
Memo from Local Housing Strategy dated 6.1.23  and 18.4.23
Memos from Traffic & Transportation dated 24.2.23, 9.3.23 and 14.3.23  
Memo from Education dated 12/4/23 
Memo from NLC Greenspace dated 20.2.23, 21.3.23, 22.3.23 and 6.6.23. 
Contact Information:  
Any person wishing to inspect these documents should contact Jim Lennon at 01236 632500    
Report Date:  
14th June 2023

Page 37

APPLICATION NO. 22/01452/FUL 
REPORT  
1. Site Description  
1.1 The site is approximately 0.3 ha (0.8 acres) amounting to some 3183 square metres and lies on the
boundary of Gartcosh on the B806 road between Gartcosh and the new Gartloch Village. The site is
relatively flat, regular in shape and consists of an uninhabited cottage with outbuildings and a large
works yard which is all in disrepair and overgrown with vegetation.  It is bounded by relatively new
residential dwellings (completed circa 2006) to the north and east and agricultural land to the west
and Gartloch Road with agricultural land beyond to the south.  A retained tree belt is located
between the proposed flatted blocks and the dwellings to the north.  
2. Proposed Development  
2.1 The applicant proposed to construct 22 flatted dwellings within two identical blocks consisting of 16 x
2 bedroom and 6 x 1 bedroom units over predominantly 3 stories with an element of 2 storey to help
reduce the buildings bulk and potential impact on the streetscene.  The flatted blocks are of
traditional build, finished in facing brick, render with a tile roof.  
2.2 The site is accessed off Gartloch Road via a standard junction arrangement leading to a parking
court which can accommodate 33 vehicles (including 2 disabled spaces). Two bin stores are
proposed within the site to serve the flatted blocks.  Details of which have been requested by
condition prior to development starting on site.  
3. Applicant’s Supporting Information  
3.1 The applicant has provided the following information in support of their application:  
• Plans
• Topographical Survey
• Flood Risk Assessment
• Design Statement
• Tree Survey
• Protected Species Surveys including Bat Activity Survey
• Noise Assessment  
4. Site History  
4.1 No significant site history.  
5. Development Plan  
5.1 The proposals require to be assessed under the terms of the North Lanarkshire Local Development
Plan (NLLDP) 2022 and, in particular under the terms of: 
• PP 3 POLICY Purpose of Place
• AD 3 POLICY Amount of Development
• EDQ1 Site Appraisal
• EDQ3 Quality of Development  
5.2 As highlighted in 5.1 above, the site is allocated within the Urban Area where Purpose of Place
Policy PP 3 applies.  The aim of the Plan within these areas is to maintain and improve the level of
amenity appropriate for the local context and encourage diversity in more mixed-use areas.  This
policy requires such proposals to be assessed against the criteria of AD 3 (Amount of Development),
EDQ1 (Site Appraisal) and EDQ3 (Quality of Development) which considers issues such as location
of development, size, materials and road safety and which states that proposals must integrate
successfully with the surrounding area by avoiding harm to the neighbouring amenity.

Page 38

5.2 NPF4 forms part of the development plan; given the nature and scale of this development the most
relevant considerations are already enshrined in the North Lanarkshire Local Development Plan
policies.  The policies within NPF4 that are relevant to the application are Policy 9 - Brownfield,
Vacant and Derelict Land and Empty Buildings, Policy 14 - Design, Quality and Place and Policy 16 -
Quality Homes.  
5.3 This application can therefore be assessed against the policy provisions of the North Lanarkshire
Local Development Plan and the relevant policies with NPF4.  
6.   Consultations  
6.1 NLC Pollution Control raise no objection to the application provided that appropriate conditions are
attached to any approval in relation to a Site Investigation, due to previous uses of the site and road
noise due to the adjacent road.  Conditions are proposed to cover both of these issues.  
6.2 NLC Traffic and Transportation raise no objection to the application.  Detailed discussions have
taken place in respect to the layout with additional supporting information and updated layouts
provided.  Comments have been made in respect to internal layout matters, including elements of
the proposed footway provision and parking delivery.  There is a shortfall of parking provision within
the site, however due to the proximity of public transport infrastructure, it was considered that
proposed reduction for social housing was acceptable in this instance.  From a planning perspective,
it is highlighted that these are final outstanding comments following a detailed process of refinement
where many aspects of the layout have been positively developed.   There are no concerns raised
over the relationship with the wider public road network.   
6.3  NLC Education have no objections provided a contribution of £115,410.71 is paid to deal with the
impact on educational facilities in the area.  This contribution will be delivered via a legal agreement.  
6.4 NLC Greenspace have no objections to the proposals as adequate ecology reports were submitted
and agreed.  A Bat Box is to be erected within the site, details of which have to be submitted and
agreed by the Council.  An informative will also be added to any approval concerning artificial lighting
within the site.  
6.5 Scottish Water have no objections, however state that they cannot confirm capacity for water or foul
drainage, therefore the developer must contact Scottish Water and complete a Pre-Development
Enquiry form.   
6.6 NLC Housing New Supply raises no objection to the application.  In this instance if permission were
to be forthcoming it has been decided that a commuted sum should have been given to the Council
for the equivalent to the provision of serviced land for 4 affordable housing units the 25% affordable
housing element that is required for a development of this scale (22 units).  However, since the
applicant has confirmed that the development is for a Housing Association (i.e. 100% affordable
housing) no commuted sum is required from the applicant.  An Affordable Housing Agreement has
been prepared by the Council and has been duly agreed by the Applicant and a planning condition is
attached to ensure the delivery of a Housing Association/Social housing development. If this were to
fall through then a revised permission would be needed and the requirement for the aforementioned
commuted sum would be secured at that stage. 
6.7 SEPA have no objections to the proposals after additional information was submitted.  
7.    Representations  
7.1 Following neighbour notification procedure and advertisement in the local press, six letters of
representation were received within the allowed timeframe for making representation.  These are
summarised as follows: 
• The development encroaches significantly into the existing common amenity land areas of the
existing Heathfield housing estate.  Land ownership should be checked.

Page 39

• The site layout does not conform to road specifications.  Insufficient parking within the site,
therefore visitors to the ‘new development’ will park in adjacent estate to the detriment of the
area.  The access does not conform to roads standards in terms of visibility splays and stopping
distances.  The road is a busy road, another junction would be problematic.
• The noise from construction will have a detrimental impact on amenity in the area.
• There is no plan for green space and the plans are not in keeping with the NLC Communities
strategy.
• The 3 storey high blocks are out of keeping with the surrounding properties that are 2 storey
and replaces a single storey building.  It is inappropriate in scale and massing and
overdevelopment of the site.  The blocks look more like an office block and would set an
undesirable precedent in the rural area.
• The site is not a residential site within the North Lanarkshire Local Development Plan.  22
additional residences would have an impact on local services.  
8.    Planning Assessment  
8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must
be made in accordance with the development plan unless material considerations indicate otherwise.    
8.2 Within the NLLDP the site is covered by Policy PP3 General Urban Area which seeks to maintain
and improve the level of amenity appropriate for the local context and encourage diversity in more
mixed-use areas.  This policy also requires such proposals to be assessed against the criteria of AD
3 (Amount of Development), EDQ 1 (Site Appraisal) and EDQ 3 (Quality of Development) which
consider issues such as size, materials and road safety and which states that proposals must
integrate successfully with the surrounding area by avoiding harm to the neighbouring amenity.  It is
considered that the proposed development is suitable for this location as it is utilising a site that has
previously been developed and was until relatively recently used as an industrial yard.  The
proposed flatted housing is considered to be a better, more appropriate use of the land as it has a
relatively new housing site on its northern and eastern boundaries.  Although the adjacent
established housing site consists of two storey dwellings and the current application consists of two
blocks of predominantly three storey buildings, they are considered to be appropriate as they are a
considerable distance away from the nearest dwellinghouse (approx. 28 metres) and it could be
argued, will ultimately look as it if the flatted blocks have been planned as part of the areas
development, as a considerable number of housing sites have multi-storey flatted blocks at the
entrance to their site.   The elevation treatment is considered to be appropriate and there is a mix of
materials proposed and elevational treatments that will ensure that the buildings will form an
attractive gateway feature when entering Gartcosh from the west along Old Gartloch Road.  Access
to the site is considered to be satisfactory as well as parking within the site, albeit that there is a
shortfall of parking within the site that is discussed in the second bullet point in paragraph 8.4 below.  
It is considered that the proposals comply with Policies PP 3, AD 3, EDQ 1 and EDQ 3 of the
adopted North Lanarkshire Local Development Plan.  
8.3 In terms of National Planning Framework 4 (NPF4), there are number of policies that affect the
proposal, with the most notable ones being Policy 9 - Brownfield, Vacant and Derelict Land and
Empty Buildings, Policy 14 - Design, Quality and Place and Policy 16 - Quality Homes.  These
policies are embedded and reflected within the NLLDP policies listed above 
8.4 Policy 9 supports development that will result in the sustainable reuse of brownfield land, including
vacant and derelict land and buildings.  The proposal is considered to comply with this policy.  
8.5 Policy 14 states that development proposals should be designed to improve the quality of an area
whether in urban or rural locations and regardless of scale.  Proposals will be supported if the
development is consistent with the six qualities of successful places as set out in Appendix D of
NPF4, namely:- Healthy, Pleasant, Connected, Distinctive, Sustainable and Adaptable.  It is
considered that the proposal is consistent with these qualities and is of a good design and without
detriment to the surrounding area, it is therefore considered to comply with this policy.  
8.6 Policy 16 supports developments for new homes on land allocated for housing in the LDP.  The
application site is within the urban area and the proposed development of 22 flatted units for social
housing meets the terms of this policy as it helps the Council’s ambition to reach its target for

Page 40

affordable housing within the area.  It will not have a detrimental impact on the area and is compliant
with the general principles of this policy.    
8.7 The above NPF 4 policies are embedded in the adopted NLLDP and, in particular, Policies PP 3, AD
3, EDQ 1 and EDQ 3 discussed in 8.2 above.  The development is therefore considered to be
consistent with both NPF 4 and NLLDP policies.   
Representations  
8.8 In response to the grounds of representation above in 7.1, these are commented on in the same
order as they appear above:  
• There is no information submitted that casts doubt on the ownership of the application site and
the applicant confirmed that they own the whole site. The development does not encroach on
the open space at the entrance to the adjoining estate.
• NLC Roads and Transportation are satisfied with the proposed development including the
proposed access, visibility splays and vehicle stopping distances.  Although the site is slightly
short of normal parking levels (40 required and 33 are proposed) a parking statement was
submitted in support of the proposals.  The council accepts its conclusions that the site is close
to public transport infrastructure and the site is being developed as a Social housing site, there
is therefore expected to be less vehicles than there would be if it was private housing.
• Construction noise / disturbance is unavoidable when construction work takes place.  It will be
for a limited time due to the reasonably small scale of the development proposals.
• It is considered that there is sufficient amenity open space around the flatted dwellings for a
development of this nature.
• It is accepted that this is the first buildings in the immediate area to be 3 storey in height (there
are other 3 storey blocks elsewhere in Gartcosh) however given where the blocks are proposed,
it is considered that the blocks are acceptable as they are a sufficient distance away from the
existing houses, circa 30 metres to closest property.  It is common place for development
layouts to have flatted blocks, such as that proposed, at an entrance to a development and
closest to the main road.  Once completed, it is considered that the development will be an
acceptable addition to the area and will not look out of place.  The proposals were originally
proposed to be 3 storey over the whole development, however elements of 2 storey were
introduced as well as some additional design features, that help reduce the mass of the building
and make them more pleasing to the eye.
• The site is located within the general urban area within the adopted North Lanarkshire Local
Development Plan.  Although the site is not an allocated housing site, this designation does
allow for development within the settlement boundary, provided that adequate access etc is
achieved.  An Education contribution will be paid to the Council due to the developments impact
on Education facilities in the area.  
9. Conclusions  
9.1 In conclusion, following assessment of the application and notwithstanding the objections received, it
is considered that the proposed residential development satisfactorily complies with the relevant
policies of the North Lanarkshire Local Development Plan and with the general principles of NPF 4. 
It is therefore recommended that planning permission is granted, subject to conditions and a legal
agreement to secure the financial contribution towards Education in the area.

Page 41

Application No:  
22/01474/FUL
Proposed Development:  
Distribution centre with ancillary office space, associated car
parking, access and landscaping.    
Site Address:  
Land At
Castlecary Way
Westway Retail Park
Cumbernauld        
Date Registered:  
6th January 2023      
Applicant:
TJ Morris Ltd
c/o Bennett Real Estate
51 Rodney Street
Liverpool
L1 9ER    
Agent:
Iceni Projects
177 West George Street
Glasgow
G2 2LB  
Application Level:
Local Application      
Contrary to Development Plan:
yes
Ward:   
02 Cumbernauld North 
Danish Ashraf, Tom Fisher, Alan Masterton, Gordon
Currie,
Representations:
1 letter of representation received.        
Recommendation:  Approve   
Reasoned Justification:  
It is considered that while the proposal while contrary to the principal policy of the Local
Development Plan, The National Planning Framework NPF4 Policy 26 allows for development
proposals for business and industry uses to be supported where they are compatible with the
primary business function of the area. Other employment uses are supported where they will not
prejudice the primary function of the area and are compatible with the business/industrial
character of the area. It has been demonstrated that the development impact could be
accommodated, whilst also providing economic benefit and employment. Technically, it has
been sufficiently demonstrated that the development could be constructed and operate with an
acceptable level of impact upon the industrial and business location or the roads network. It is
also acknowledged that the development is likely to have a level of positive benefits. In
considering environmental impact NPF 4 Policy 6 and compensatory, tree planting has been
agreed in principle with final details the subject of planning condition.

Page 42

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: 22/01474/FUL 
Name (of applicant): TJ Morris Ltd
Site Address: Land At
Castlecary Way
Westway Retail Park
Cumbernauld 
Development: Distribution centre with
ancillary office space, associated car
parking, access and landscaping.

Page 43

Proposed Conditions: -    
1.   That, except as may otherwise be agreed in writing by the Planning Authority, the development shall 
be implemented in accordance with drawing numbers: - 
• 6832-038   A LOCATION PLAN     
• 6832-039   Existing Site Plan    
• 6832-027   PROPOSED SITE LOCATION AERIAL PLAN    
• 6832-028   PROPOSED SITE PLAN    
• 6832-029   PROPOSED WAREHOUSE PLAN    
• 6832-030   PROPOSED OFFICE PLAN    
• 6832-031   PROPOSED ROOF PLAN    
• 6832-032   PROPOSED ELEVATIONS 1    
• 6832-033   PROPOSED ELEVATIONS 2    
• 6832-036   PROPOSED SECTIONS    
• 6832-037   PROPOSED SITE SECTIONS      
• 22080-SK-03   SERVICE YARD LAYOUT     
Reason: To clarify the drawings on which this approval of permission is founded.  
2. That, except as may otherwise be agreed in writing by the Planning Authority, the facing materials to
be used for the external walls and roof shall be in accordance with those set out in drawings:  6832-
031, 6832-032 & 6832-033, and the development shall be implemented in accordance with the details
approved under the terms of this condition.   
Reason: In the interest of the amenity of the site and the general area.   
3. That before the development hereby permitted starts, unless otherwise agreed in writing with the
Planning Authority; full details of the proposed surface water drainage scheme shall be certified by a
chartered civil engineer experienced in drainage works as complying with the most recent SEPA
SUDS guidance. 
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent
watercourses and groundwater.   
4. That the SUDS compliant surface water drainage scheme approved in terms of Condition 3 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
has been constructed in accordance with the relevant CIRIA Manual and the approved plans.   
Reason: To safeguard adjacent watercourses and groundwater from pollution.  
5. 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 for ground contamination shall
be submitted to and approved in writing by the planning authority. The investigation shall be completed
in accordance with a recognised code of practice such as British Standards Institution “The
investigation of potentially contaminated sites – Code of Practice BS10175 “. The investigation report
shall include a risk assessment of all relevant pollutant linkages, as required by Planning Advice Note

Page 44

PAN 33. Where a risk assessment identifies any unacceptable risk or risks, it shall include a detailed
remediation strategy. 
Reason: To establish whether or not site decontamination is required in the interests of the amenity
and wellbeing of future occupants.   
6. That any remediation works identified by the site investigation required in terms of Condition 5 above,
shall be carried out to the satisfaction of the Planning Authority.  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 wellbeing
of future occupants   
7. That BEFORE the development hereby permitted starts, a revised scheme of landscaping including all
detail indicated on drawing 5527-OOB-ZZ-00-DR-L-001 RevP03 shall be submitted to, and approved
in writing by the Planning Authority, and it shall include: - 
(b) a scheme of compensatory tree 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 enable the Planning Authority to consider these aspects in detail.   
8. That all works included in the scheme of landscaping and planting, approved under the terms of
condition 7 above, shall be completed in accordance with the approved timetable, and any trees,
shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of
the full occupation of the development hereby permitted, shall be replaced within the following year
with others of a similar size and species.   
Reason: In the interest of the amenity of the site and the general area.  
9. That if no development is commenced by 30th September 2023, updated Protected Species Surveys
shall be submitted to and approved in writing by the Planning Authority.  Furthermore, should no
development commence within 1 year from the date of any updated surveys required under the terms
of this condition, further updates shall thereafter be provided for the written approval of the Planning
Authority before any development starts. Following written approval by the Planning Authority, the
requirements of those reports in respect to habitat and protected species protection shall be complied
with in full, including securing any licences from Nature Scotland.        
Reason: In the interests of protecting nature conservation interests.  
10. That prior to the commencement of development hereby approved:  
a) a scheme of intrusive site investigations shall be carried out on site to establish the risks posed to
the development by past coal mining activity, and;
b) any remediation works and/or mitigation measures to address land instability arising from coal
mining legacy, as may be necessary, shall be implemented on site in full in order to ensure that the
site is made safe and stable for the development proposed.  For the avoidance of doubt the
intrusive site investigations and remedial works shall be carried out in accordance with
authoritative UK guidance.   
Reason: To ensure the mineral stability of the proposed housing site in the interests of prospective
residents (Note: A copy of the required Certificate is available from the Divisional Office).  
11. Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or
declaration prepared by a suitably competent person confirming that the site is, or has been made,

Page 45

safe and stable for the approved development shall be submitted to the Local Planning Authority for
approval in writing.  This document shall confirm the methods and findings of the intrusive site
investigations and the completion of any remedial works and/or mitigation necessary to address the
risks posed by past coal mining activity.   
Reason: To ensure that matters relating to coal mining risk are adequately addressed.  
12. Details including drawings of all existing trees and hedgerows, including details of those to be
retained, and measures for their protection in the course of development shall be submitted in writing
for approval. For the avoidance of doubt all trees to be retained shall be protected in accordance with
the recommendations in BS 5837:2012 Trees in Relation to Design, Demolition and Construction.   
Reason: To enable the Planning Authority to consider these aspects in detail.  
13. 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 local Archaeology Service and
approved by the Planning Authority. For the guidance of the applicant, I would anticipate supporting a
response that was 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, post-excavation, publication and archiving.  
Reason: To enable the Planning Authority to consider these aspects in detail.  
14. That before the development hereby approved commences amended drawings shall be submitted
showing the following details which thereafter shall be retained in the final development:  
• Minimum junction spacing requirement of 25m should be maintained on both sides the proposed 
car park access to site along Castlecary Way.  
• Visibility splays of 2.5m x 60m shall be provided and maintained from proposed Car park access. 
Visibility splays of 4.5m x 60m shall be provided and maintained from proposed Gatehouse 
Barrier access along Castlecary Way. Everything above 1.05m shall be removed from the sight 
lines and thereafter nothing exceeding 1.05m shall be planted, placed, erected, or allowed to 
grow within the sight lines area. 
• Gatehouse Barrier and Car park accesses along Castlecary Way should demonstrate 9m and 6m 
corner radii respectively.  
15. At least two months prior to the commencement of any works, a full site-specific Waste Management
Plan shall be submitted to and approved in writing by the Planning Authority (in accordance with SEPA
guidance) and thereafter all work shall be carried out in accordance with the approved plan. For the
avoidance of doubt this shall consider details on position of water quality monitoring points (prior to
construction taking place) following the establishment of a baseline on water quality. 
Reason: To avoid any significant harm to the environment.  
16. That before the commencement of development (including the removal of trees from the site), a
habitat management plan shall be submitted to and approved by the Planning Authority. The approved
habitat management plan, amended, shall thereafter be implemented in full, unless otherwise agreed
by the Planning Authority. For the avoidance of doubt the plan shall include a bat species protection
plan including trees where bat roost potential has been identified. The plan should include:  
• measures proposed to minimise impacts on bats, including annotated maps and/or photographs
showing the location of any measures proposed and how they relate to survey information and
construction work.
• a summary of any residual impacts once the above measures are taken into account.
• details of any licensing requirements.

Page 46

• Measures to minimise impacts on bats.
• Measures to minimise impacts on bats should follow a hierarchy of avoidance, mitigation and
compensation.  
Reason: To allow the Planning Authority to consider these aspects in detail.  
17. That the developer shall appoint an independent Ecological Clerk of Works (ECoW) to monitor the
agreed Habitat Management Plan Area (HMPA) over a period to be agreed through condition 16 to
ensure the required ecological mitigation works included in the Habitat Management Plan are
implemented.  
Reason: In the interests of ensuring nature conservation mitigation measures for the site and
surrounding area are implemented in accordance with the approved Habitat Management Plan.  
18. That before development starts on site, a Compensatory Planting Plan shall be submitted to the
Planning Authority for written approval in consultation with NLC Greenspace Development. The final
plan shall include the following:  
• Details of the location of the compensatory areas to be planted.
• The nature, design, and specifications of the proposed woodland to be planted and the
timescale for doing so.
• Proposals for the maintenance and establishment of the woodland including (but not
exclusively) annual checks, replacement planting, fencing; ground preparation and drainage. 
Reason: To ensure that adequate tree compensatory planting is provided.  
19. That the Compensatory Planting Scheme approved under Condition 18 above shall thereafter be
implemented in full and in accordance with the phasing and timescales set out therein, unless
otherwise agreed in writing by the Planning Authority in consultation with NLC Greenspace
Development. 
Reason:  To ensure that adequate tree compensatory planting is provided.  
20. That BEFORE any works of any description start on the application site, unless otherwise agreed in
writing with the Planning Authority wetland habitats that derive their water from groundwater and
surface water should be identified and recorded. For the avoidance of doubt the Functional Wetland
Typology should be used to inform a report which shall identify if and where further surveys are
required in identifying the presence and potential sensitivity of Groundwater Dependent Terrestrial
Ecosystems (GWDTEs). Should GWDTEs be identified on site then detailed plans and mitigation
measures shall be submitted for the written approval of the planning authority and once approved the
development must be completed in accordance with the agreed mitigation measures.  
Reason: In order to prevent potential unacceptable environmental impacts to sensitive receptors 
including groundwater abstractions and/or groundwater dependent terrestrial ecosystems

Page 47

Background Papers:  
Consultation Responses:  
NLC Greenspace Memorandum received 23rd March 2023
NLC Roads memorandum received 11th March 2023 
Transport Scotland letter received 27th January 2023 
Health and Safety Executive (PAHDIi+) memorandum received 3rd February 2023
The Coal Authority letter received 10th January &13th April 2023   
Environmental Health (including Pollution Control) memorandum received 17th January 2023 
Archaeology Service letter received 11th January 2023 
Historic Environment Scotland Letter received 11th January 2023 
Contact Information:  
Any person wishing to inspect these documents should contact Gordon Arthur at 01236 632500    
Report Date: 14th June 2023

Page 48

APPLICATION NO. 22/01474/FUL  
REPORT 
1. Site Description 
1.1 The site is in the north east of Cumbernauld, accessed from the B816 Castlecary Road. The southern
boundary of the site area is defined by Castlecary Way which leads to the existing retail park. Car
parking adjoins to the north‐east of the site. Buildings within Wardpark North adjoin to the north and
west. The site comprises an area of open ground which is being colonised by scattered, scrubby tree
growth. A pond is located in the south‐east corner. The ground has been worked and made‐up,
prepared for development. Ground levels are at around 100m adjacent to Castlecary Way and the
adjacent car parking but rise in a steep bank to the north and west to elevations of 107m. An area of
maturing plantation woodland extends along the raised ground to the north. There are two localised
areas of trees, but otherwise woodland on the site is relatively uniform. The application site is
approximately 7.81 hectares in area. The buildings that make up Westway retail park lie immediately
to the east. Otherwise the site is surrounded by established industrial development to the north, east
and west with vacant land and landscaped strips of land to the south, beyond which is Castlecary
Road (B816) and the M80 motorway. 
1.2 The proposal is located to the north side of Castlecary Way and was previously occupied by OKI
Electric and the former Burrough’s Factory. Much of proposed plot area consists of mounded and
made-up land formed as a result of the plateau excavations for the former partly developed retail park
development. 
1.3 To the west are large commercial buildings occupied by Arete, William Grant & Sons. Apart from the
adjacent retail park the rest of the surrounding area including Napier Road and Tollpark Road are
made up entirely of commercial buildings predominantly warehousing and distribution given the
available access to the M80 and the wider motorway network.  
2. Proposed Development  
2.1 The proposed development will create a New Distribution Centre with integral ancillary Offices,
Service Yards, Gate House and separate staff and visitor car parking. The distribution centre will
comprise of a Warehouse with a gross floor area of (32,600 sqm); Internal Height: 18m to the
underside of the haunch; Length: 246m; Width: 152.5m. The development will include ancillary three
Storey Offices: Total Gross floor area over three floors (1858 sqm). 4.2m floor to floor height; 2.8m
high ceilings. Curtain wall entrance feature and level access from carpark area.
2.2 Externally Service Yards of 50m depth will be positioned to the Southeast (facing Castlecary way), to
service loading docks and also allow 28 HGV’s to park opposite. A 68m deep yard to the West (facing
Westway Retail Park), to service loading bays will allow parking of 32 HGV’s opposite (or 64 double
parked if required). Service yards will have brushed concrete finish and will be free drained to the
SUDS (Sustainable Urban Drainage System). It is proposed that the development will be served by
two new access points off Castlecary Way that leads onwards to the Westway Retail Park.  The first
new access point along Castlecary way will be for HGV vehicles to enter the service yards via the gate
house with the intention to divide the HGV traffic from cars to reduce the possibility of any potential
conflict between the two. For pedestrians a 2m wide route will be provided directly off the footpath and
leading to the main building entrance to provide a direct passage that will also separate pedestrians
from vehicular traffic. A 2m wide perimeter footpath around the building links the staff and visitor
carpark to the main building and provides an internal circulation route. The existing footpath on
Castlecary way links into the wider pedestrian network with access to nearby bus stops and the
adjacent West Way Retail Park. Direct access for cyclists into the proposed site is either via the
carpark entrance or the 2m footpath/cycle path that leads to a designated covered cycle parking area.
2.3 Parking Bay Sizes are Standard Car Space - 2.5x5m with disabled Space - 3.6x6.0m (2.4x4.8m with
1.2m clearance zone). Provision for motorcycle space measures 1.4x2.4m. There is parking provision

Page 49

for 173 no. Car Spaces (inc. 10 no. Disabled Spaces) ,3 no. Motorcycle Spaces 24 no. Cycle Storage
Spaces and 28 no. HGV parking spaces (4x17m).
2.4 The main distribution hub building has large areas of glazing provided to the office areas within,
maximising the amount of natural daylight. These are arranged as a regular series of openings, simple
detail to this facade. The materials are in modern contemporary colours, with a two-tone monochrome
pallet (Hamlet RAL 9002 and Pure Grey RAL 000 55 00) to the main building with a contrasting
Sargasso Blue RAL 5003 accents to service and personnel doors. A Sargasso Blue horizontal feature
line is used to provide an accent that runs around the whole building at high-level separating the
profiled steel cladding below and the smoother micro-rib cladding above.  
3. Applicant’s Supporting Information 
3.1 The applicant has submitted the following reports in support of the application.  
• Design and access statement
• Preliminary Ecological assessment
• Ecological constraints survey 
• Tree survey
• Geo-environmental Desk Study Report 
• Landscape visual appraisal
• PAC report     
• Transport assessment     
• Flood risk assessment and drainage strategy. 
• Archaeology desk top assessment  
4. Site History  
4.1 Significant recent planning history includes the following applications:  
• 13/01138/PAN Proposal of Application Notice: Major Development, Supermarket, Petrol Filling
Station, Car Wash, Car Parking, Access, Landscaping and Associated Works 
• 18/01305/PAN Mixed Use Development Including Cinema, Commercial Leisure, Hotel,
Food/Beverage, Retail, Car Showroom and Business Incubator Uses With Associated
Landscaping, Access, Parking and Infrastructure 
• 18/01750/PPP Cinema, Commercial Leisure, Hotel, Food/Beverage, Retail, Car Showroom and
Business Incubator Uses with Associated Landscaping, Access, Parking and Infrastructure (In
Principle) 
• 22/00790/PAN Erection of new distribution centre with ancillary office space, associated car
parking, access and landscaping. 
5. Development Plan  
5.1 The application is of a strategic scale and must be considered both in terms of National Planning
Framework 4 (NPF4) and Local Plan (North Lanarkshire Local Development Plan), which designates
the site as Policy 1B Town and Large Centres (Mixed use Development). 
6.    Consultations 
6.1 The following comments were provided by consultees:  
NLC Roads initially recommended that the application be deferred pending swept-path analysis for
HGVs manoeuvring round the Wardpark and Napier roundabouts. Otherwise NLC Roads recommend
planning conditions be used to ensure record of junction spacing, visibility splays and recommended
Road Geometry. Amended drawings were subsequently submitted demonstrating swept path analysis.  
NLC Environmental Health (Protective services) has no objections subject planning condition
requiring the submission of a full site investigation report for review.

Page 50

Transport Scotland does not propose to advise against the granting of permission. 
Health and Safety Executive (PHADI+) does not advise against the development.  
The Coal Authority has no objection subject to conditions on intrusive site investigation.   
Archaeology Service has grounds to object to the development. Therefore, if the development does
proceed an experienced and suitably qualified archaeological contractor undertake a programme of
archaeological works by way of mitigation regarding the potential loss of the site. This may be secured
by planning condition. 
Historic Environment Scotland has no comments to make on the proposal.  
NLC Greenspace sought clarification on the two trees identified in the site with bat roost potential to
determine if further bat surveys will be needed. Nature Scotland standing advice on this species
advises that if bats could be affected by the proposal, then a protection plan is appropriate. The plan
should include:  
• measures proposed to minimise impacts on bats, including annotated maps and/or photographs
showing the location of any measures proposed and how they relate to survey information and
construction work.
• a summary of any residual impacts once the above measures are taken into account.
• details of any licensing requirements.
• Measures to minimise impacts on bats.
• Measures to minimise impacts on bats should follow a hierarchy of avoidance, mitigation and
compensation.  
A planning condition is recommended given that two trees with bat roost potential have been identified
for removal.  
Green space development also recommends a hydrology survey to determine if there is any GWDTE
which will be recommended as a subject for planning condition. Around 13 to 14 square meters of
woodland will be lost along with 2 ponds and marshland due to the development. Green space
development notes that the landscape plan shows some efforts around the periphery of the site in
addressing the loss of these habitats with some native woodland planting and wildflower areas.
However, they consider the compensatory measures are far too little in comparison to the loss of
priority habitats. Greenspace Development requested that further enhancements are included into the
site and it is also noted that the area to the southeast across the road from Castlecary Way is in the
developer’s ownership and as such biodiversity enhancement should be considered in this area in the
form of compensatory tree planting. A Habitat Management Plan was also recommended for the site
which is recommended as the subject of planning condition.  
Castlecary Community Council objected to the development and their comments are summarised
as follows:  
a. Castlecary Community Council commented that it did not receive notification of the
development. 
In response: The application was recorded on the weekly list issued 12th January 2023 to Community
Councils as well as being advertised in the local press. 
b. Increased traffic volumes during construction of the site from heavy vehicles.
c. Increased pollution during construction of the development.
d. Increased traffic volumes on Castlecary Road from heavy goods vehicles using the final
development.
e. Increased noise on Castlecary Road resulting from heavy goods vehicle use.

Page 51

In response to points b and c: While the planning system does not directly regulate potential
pollution resulting from the construction process members should be reassured that it has received no
adverse comments on potential pollution following the consultation process. 
In response to points d &e: Potential impacts resulting from the development are discussed in
section 6 of the report. Members may wish to note that consultees raised no objection based on traffic
volumes or noise.  
7. Representations  
6.1 No letters of representation were received  
7. Planning Assessment 
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning
decisions must be made in accordance with the Development Plan unless material considerations
indicate otherwise.  Relevant policies within National Planning Framework 4 (NPF4) are considered
along with the North Lanarkshire Local Development Plan. 
National Planning Framework 4 (NPF4)  
8.2 NPF4 advises that to deliver productive places, Regional Spatial Strategies and Local Development
Plans in the central area should target economic investment and build community wealth to overcome
disadvantage and support a greener wellbeing economy. 
8.3 It comments that Central Scotland has a diverse business base and is a key engine of growth for
Scotland as a whole. There are many clusters of sites and businesses which form the basis of regional
propositions for investment. In line with our aspirations to build a wellbeing economy, opportunities for
investment and development should be designed to maximise economic, social and environmental
wellbeing, rather than focusing on growth alone. A planned approach can help to target future
development in areas of significant economic disadvantage so that new and better jobs are more fairly
distributed to help address national, regional and more localised inequality.  
Business and industry  
Policy Intent: To encourage, promote and facilitate business and industry uses and to enable
alternative ways of working such as home working, live-work units and micro-businesses.  
Policy Outcomes:  
• Recovery within the business and industry sector is sustainable and inclusive.
• Investment in the business and industrial sector contributes to community wealth building.  
8.4 Policy 26  
a) Development proposals for business and industry uses on sites allocated for those uses in the
LDP will be supported.  
b) Development proposals for home working, live-work units and micro-businesses will be
supported where it is demonstrated that the scale and nature of the proposed business and
building will be compatible with the surrounding area and there will be no unacceptable impacts
on amenity or neighbouring uses.  
c) Development proposals for business and industry uses will be supported where they are
compatible with the primary business function of the area. Other employment uses will be
supported where they will not prejudice the primary function of the area and are compatible with
the business/industrial character of the area.

Page 52

d) Development proposals for business, general industrial and storage and distribution uses out
with areas identified for those uses in the LDP will only be supported where:  
i. It is demonstrated that there are no suitable alternatives allocated in the LDP or identified in
the employment land audit; and
ii. The nature and scale of the activity will be compatible with the surrounding area.  
e) Development proposals for business and industry will take into account:  
i. Impact on surrounding residential amenity; sensitive uses and the natural and historic
environment. 
ii. The need for appropriate site restoration at the end of a period of commercial use.  
f)   Major developments for manufacturing or industry will be accompanied by a decarbonisation
strategy to demonstrate how greenhouse gas emissions from the process are appropriately
abated. The strategy may include carbon capture and storage.  
8.5 Policy 26 recognises that whilst the Network of Strategic Centres is the preferred location for strategic
scale development, such strategic proposals are subject to a sequential approach to ensure there is
no detrimental impact on their role and function. Given that the applicant is proposing a large
distribution centre (Class 6) on a site designated in the LDP as Policy 1B Town and Large Centres. It
does not therefore as a matter of course enjoy the support sites otherwise allocated for those uses in
the LDP possess. That said the surrounding area is a designated industrial estate characterised by
large, profiled steel buildings similar scale to retail buildings on the adjacent retail park both presenting
a built form and arrangement where the proposed development is generally compatible with the
surrounding area and where no significant unacceptable impacts on amenity or neighbouring uses are
anticipated.  
8.6 As a storage and distribution use outwith areas identified for those uses in the LDP it is considered
that given the locational requirements utilising existing infrastructure including the motorway network
there are no preferable equivalent suitable alternatives allocated in the LDP or identified in the
employment land audit. Coupled with the nature and scale of the activity in the Wardpark industrial
estate the proposed development will be compatible with the surrounding area thereby complying with
part (e) of the policy. 
8.7 Policy 6 Forestry, woodland and trees 
Principle Policy Intent: To protect and expand forests, woodland and trees. 
Policy Outcomes: 
• Existing woodlands and trees are protected, and cover is expanded. 
• Woodland and trees on development sites are sustainably managed.  
c) Development proposals involving woodland removal will only be supported where they will
achieve significant and clearly defined additional public benefits in accordance with relevant
Scottish Government policy on woodland removal. Where woodland is removed, compensatory
planting will most likely be expected to be delivered. 
d) Development proposals on sites which include an area of existing woodland or land identified in
the Forestry and Woodland Strategy as being suitable for woodland creation will only be
supported where the enhancement and improvement of woodlands and the planting of new trees
on the site (in accordance with the Forestry and Woodland Strategy) are integrated into the
design.  
In concluding the above, it is considered that the proposal is acceptable when considered against
Policy 6 of NPF4. In considering Policy 6 (c) NPF4 the removal of trees in taking cognisance of NLC
Green Space Development the loss of existing tree cover should be off set against compensatory
planting to be agreed in detail with the applicant and is attached as subject of planning condition.

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North Lanarkshire Local Development Plan 
8.8 Westway Retail Park which includes the application site is identified within the Local Development
Plan (Promote Map) as being a Mixed-Use Centre. In the relevant Area Profile and narrative on types
of Centre it is identified as a Commercial Centre. This is as a result of recommended changes in the
Report of Examination for the North Lanarkshire Local Development Plan. The Reporter did not
recommend any consequential changes to the policies of the Local Development Plan in terms of the
associated ‘Purpose of Place’ or ‘Amount of Development’ Policies similar to any other identified land
use character area identified in the plan, with the only additional frame of reference being the now
superseded Scottish Planning Policy paragraph 63. The relevant replacement national policy provision
is NPF4 Policy 27: City, town, local and commercial centres (specifically sub-section c). Accordingly, in
terms of the Local Development Plan, the proposed development requires to be assessed in terms of
its general appropriateness/compatibility in relation to surrounding existing land uses. In this regard
whilst the use of the site for a storage and distribution hub may seem to be at odds with the site’s
allocation in the Local development plan it is considered that the development of a vacant site in an
area that includes immediately adjacent industrial uses that is well served by a local road network with
ready access to the local motorway network is an appropriate alternative use of this site  
PROM LOC1 POLICY Regeneration Priorities  
8.9 North Lanarkshire Council will promote regeneration and sustainable growth, by applying the Policies
in this Plan to deliver the right amount of development in the right places, developed to the right
quality, and for the benefit of the communities they affect. Physical regeneration of the existing urban
area and the Centres identified therein will be given priority. This Policy will be implemented in line
with the priorities of the Council’s Ambition and Economic Regeneration Delivery Plan, which has a
strong focus on area-wide regeneration and former Clydeplan’s compact city-region model. Where
appropriate, regeneration will be delivered through Town Centre and Area Action Plans, Masterplans
and Locality Plans, in accordance with the priorities set out in the Purpose of Place Policies for each
Land Use Character Area. Any development proposals will require to take into account all Promote
and Protect Policies and the Council’s Regeneration Priorities: Business and Industry Housing
Regeneration/Re−Provisioning Town Centre and Area Regeneration Infrastructure Development and
Business Development, Housing Development and Regeneration Sites identified in this Plan. All
proposed development will be subject to assessment against relevant legislation and all other Policies
in the Plan.  
PROT B POLICY Historic Environment Assets    
Category B1 International  
2. Frontiers of the Roman Empire (Antonine Wall)
3. World Heritage Site 
4. World Heritage Site Buffer Zones  
8.10 North Lanarkshire Council will protect and create resilient sustainable places by safeguarding historic
environment assets. When considering future development affecting categories of historic environment
assets and their settings the Council will seek guidance where appropriate from Historic Environment
Scotland. Historic Environment Scotland has produced a variety of policy and guidance documents for
aspects of the historic environment which the Council will utilise and will expect developers to consider
in preparing proposals. Development should avoid causing harm to the character or setting of sites
protected for their historic environment value. Planning permission or any other relevant consent will
only be granted for such sites where the character and appearance of the site and its setting, including
any special interest or features of architectural or historic interest, is preserved and/or enhanced.

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EDQ 1 POLICY Site Appraisal  
8.11 Any proposed development will require 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. The
matters to be addressed in the appraisal include but are not limited to the following.  
8.12 The site lies adjacent to Westway Retail Park and the North Ward Park industrial area and is therefore
significantly remote from any residential properties corresponding with the commercial, industrial
business context of its surroundings. As such, it is not considered that the development will result in
any adverse loss of amenity terms of privacy, overshadowing or disturbance as a result of the
development. The design of the building generally accords with the commercial nature of surrounding
existing buildings at this location.  
8.13 The proposal is informed by supporting reports on the potential impacts including on flooding and
drainage, mining legacy, transportation, and ecology, geo-environmental, Landscape and archaeology
considerations. Considerations include by the following. 
Drainage
Scottish Water is responsible under the terms of the Sewerage (Scotland) Act 1968, (as amended), for
provision of sewerage infrastructure for domestic sewerage, trade effluent and some categories of
surface water following agreement with the developer. This policy considers that foul water should
connect to the existing public sewer within the urban area. Alternatives to this will only be permitted
where no public system exists, and the alternative does not pose an environmental risk. In considering
Sustainable Urban Drainage Systems (SUDS), Policy EDQ1 outlines SUDS should be adopted within
site design and appropriate details require to be submitted with any planning application. A condition
on securing the detail and implementation of a Sustainable Urban Drainage Systems (SUDS) is
recommended.
Flood Risk Potential
The applicant submitted a flood risk assessment and drainage strategy which confirmed the following:
Scottish Environment Protection Agency (SEPA) shows that the site is situated within Flood Zone 1
and therefore is not at risk of fluvial flooding from this source in less than a 1 in 1000-year storm;
additionally, SEPA shows that the site is not situated in an area that is at risk of groundwater flooding
however there appears to be a small area of standing water to the south-east of the site. This runoff
with be dealt with by the onsite drainage post-development.
The proposal is for the proposed developments storm water to discharge to the Scottish Water
adopted sewers with in Castlecary Road with a Greenfield run of rate of 47.7l/s. using this discharge
rate, calculations show that an attenuation of between 3806m3 and 6080m3 storage will be required.
A developer enquiry has been sent to Scottish Water regarding connecting the storm water and foul
drainage to the existing Scottish Water sewers, an initial response has been received and further
discussions between the developer and infrastructure provider will confirm acceptability.
Based on the above it is considered there is no reason why the development could not proceed based
on flood risk and drainage supporting information provided. Planning conditions relating to drainage
treatment and implementation are recommended. 
Geo-environmental
The applicant submitted a Geo-environmental/Contaminated Land Assessment. This preliminary
investigation has identified potential pollutant linkages to future receptors at the site from potential
sources of contamination associated with historic onsite and offsite developments (Table 10 of the
report). These potential sources and pollutant linkages require to be investigated further. NLC
Protective services therefore confirmed that because an intrusive site investigation has been
requested/ required in the applicant’s preliminary report a full site investigation is required before any
works commence on this site. A planning condition ensuring that before any works start on the

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application site a comprehensive site investigation for ground contamination should be submitted to
and approved. The investigation should be completed in accordance with a recognised code of
practice and include a risk assessment of all relevant pollutant linkages, as required by Planning
Advice Note PAN 33. Where a risk assessment identifies any unacceptable risk or risks, it shall
include a detailed remediation strategy. Remediation works identified by the site investigation will be
carried out to the satisfaction of the Planning Authority and 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.  
Mining Legacy
Coal Authority comment that the application site falls within the defined Development High Risk Area;
therefore, within the site and surrounding area there are coal mining features and hazards which need
to be considered in relation to the determination of this planning application. Following consultation,
the applicant submitted geological and mining information, which has been used to inform the Mining
Stability Report Including Coal Mining Risk Assessment (March 2023, prepared by JWH Ross), which
accompanies the planning application. From a review of the information, the report is able to confirm
that both potential shallow coal mine workings and the recorded mine entries will require investigation.
In regard to the mine entries, on the basis that the development layout has been designed around the
recorded mine entries, as detailed within the report, and subject to the imposition of a planning
condition to ensure the investigation and remediation of them, the Coal Authority has no objections to
this planning application.
Transportation
A transport assessment was submitted that provides details on the anticipated vehicle trips associated
with the proposed development. This shows a significant reduction in traffic generation associated with
the proposed distribution centre compared with the previous consented layout for the retail park.
Junction analysis on the roundabouts accessing the site show there would be no capacity issues. A
number of recommendations were however proposed by NLC Roads and are discussed above in
section 6.
Ecology
An ecological appraisal report was submitted and may be summarised as follows.
The proposed development will not affect the integrity of any designated site as there is no connective
habitat to any designated sites. As the site has suitable habitat for badger, bats water vole, reptiles
and nesting birds, if the following recommendations are not followed, the proposed development may
have negative affects on these protected species within the site. 
The habitats present on site include marshland and ponds which may be Groundwater Dependent
Terrestrial Ecosystems (GWDTE). Habitats on site which are Scottish Biodiversity List terrestrial
habitats are hedgerows and ponds. No protected species were found during the survey, however
there is suitable habitat within the site for badger, bats, reptiles and nesting birds. As pond 1 is below
average and pond 2 has poor suitability for great crested newt, it is recommended that no further
survey work is required for great crested newts and therefore great crested newt are not discussed
further. No licence is currently required but may be required following further survey work. All site staff
should be made aware of the risk of finding badgers and nesting birds and what to do if signs of
badgers, reptiles and nesting birds are found. A Tool Box Talk should be given to all contractors. If any
signs of badgers, reptiles and nesting birds are found during site works, then all works must cease
immediately, and a suitably experienced ecologist contacted.
Further hydrology surveys are recommended to be carried out by a qualified hydrologist to determine if
any habitats within the site are GWDTE. Scottish Environmental Protection Agency (SEPA) Pollution
Prevention Measures should be followed to avoid run off or contamination of the pond located on site.
Recommended surveys.
If the trees with potential roost features cannot be retained and protected further survey will be
required to determine presence or absence of bats prior to removal.

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Due to the high mobility of wildlife and to re-establish the ecological baseline, if the proposed works
have not commenced within 12 months then the project ecologist should be contacted to determine
the requirement for repeat ecological surveys. Bat surveys are valid for up to 18 months from the date
of survey (CIEEM, 2019).
Enhancement measures have also been recommended to promote opportunities to contribute
positively to biodiversity. Enhancement measures recommended include native species planting, and
installation of log piles, and boxes for bats, birds and invertebrates. Ecological data is considered valid
for a period of 12 months. Providing that ground works commence before September 2023, the
recommendations within this report are valid. If the site boundary was to change, further survey work
for these protected species may be required.
Tree Survey
The applicant submitted a tree survey report which advised in its arboriculture impact assessment as
follows:
Three semi‐mature lime trees on the north road verge would need to be removed to form the new
access points into the site. All of the existing scrub that is developing across the site would need to be
removed, including the single goat willow that has been individually recorded. The main impact of the
proposed development will be the loss of a significant area of the existing woodland in the north‐west
corner of the site. In order to form the new building, significant ground level alterations will be required. 
It is likely that the ground level alterations will need to cut back into the narrow woodland strip along
the northern boundary which lies immediately outside the application boundary.  There will be at least
a 7m ground level change, and this will need to be accommodated either with retention or regrading,
both of which would impact  on woodland outwith the application boundary. 
The loss of 1.65 hectares of woodland would need to be offset with replanting elsewhere in order to
meet the Scottish Government Control of Woodland Removal policy.
Constraints posed by existing trees.
The applicants appointed arboriculturist advises that in order to minimise the risk of long‐term damage
to trees from construction operations, particular care is required to protect them from physical damage.
Significant damage can be caused to tree root systems by ground level changes; soil compaction;
contamination from oils and cement; and changes in soil moisture content.  For these reasons, BS
5837:2012 ‘Trees in relation to design, demolition and construction – Recommendations’ sets out a
recommended Root Protection Area (RPA) in m2 based on the stem diameter of the tree. The RPA
represents the anticipated below‐ground constraints presented by trees within the proposed
development area.  
Where it is determined that trees should be retained because of their quality and amenity importance,
the impact of proposed designs must be assessed against the requirements of the tree, taking into
account the RPA and all other relevant factors. Whilst the RPA should generally be protected where
possible, any proposed incursion into  the  RPA should  comply  with  the  recommendations  of 
BS5837,  Sections  6  and  7 of the applicants tree survey report.  Site‐specific method statements
may be required to accompany such proposals. Matters relating to tree retention protection and
compensatory planting are recommended as subjects for planning conditions. 
Landscape visual appraisal
The applicant has undertaken a competent and extensive Visual Impact Assessment. It is confirmed
from this analysis that while there is an impact on the Antonine Wall’s setting, it is minimal as existing
development has made the general location less sensitive to further change. Given the location being
significantly less sensitive than the historic environment and within an urban industrial commercial
area the findings of the appraisal are accepted.  
Archaeology
The proposed development area lies to the immediate south of the Antonine Wall, a Scheduled
Monument and World Heritage Site, this raises the possibility of Roman activity being present in the
development area. There is also a potential impact on the setting of the Antonine Wall.

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Physical impact on the Historic Environment 
The proposed development has the potential to impact on previously unknown archaeological
remains. 
Visual impact on the Historic Environment
The applicant has undertaken a competent and extensive Visual Impact Assessment. It is clear from
this analysis that while there an impact on the Antonine Wall’s setting, it is minimal as existing
development has made the general location less sensitive to further change. Consequently,
Archaeology has no objections or comments to make on this aspect of the planning application.
The proposed development has the potential to damage previously unknown archaeological remains,
however as the scope and scale of such putative remains are unknown there are insufficient grounds
to object to the development. Therefore, if the development does proceed Archaeology would
recommend that in advance of construction an experienced and suitably qualified archaeological
contractor undertake the following programme of archaeological works by way of mitigation regarding
the potential loss of the site. This may be secured by planning condition should members be minded to
approve the application.  
EDQ 3 POLICY Quality of Development  
8.14 Development will only be permitted where high standards of site planning and sustainable design are
achieved. Planning Applications will need to demonstrate that the proposed development takes
account of the site appraisal carried out as a requirement of Policies EDQ1 and, if appropriate, EDQ2,
assets protected under Policy PROT, any evaluation of design options, and achieves a high-quality
development in terms of the following.  
Further considerations include: 
b  Providing a safe, pleasant, inclusive, convenient and welcoming development. The applicant has
set out in his design access statement on how this is to be achieved.
c  Moving towards a low-carbon economy, addressing, resource efficiency, Mitigation of and
Adaptation for the effects of Climate Change energy and waste issues in order to create a
sustainable development with a low ecological footprint.
In accordance with current building standards and in the interest of energy efficiency, the development
will be able to provide a variety of means to limit CO2 emissions in line with the current building
regulations:
•  Ground material arising from the existing site should be retained & re-used where possible and
consideration will be given to utilise locally sourced materials.
•  Use of modern insulants and technologies should be utilised to provide a high performing building
fabric to all external walls, roofs and ground floors.
•  Scope remains for the applicant to consider the introduction of renewables to offset heating and
energy demand, as required under current regulations set out in the Technical Handbook. There
is currently no planning option currently subject to detailed design considerations within this
application.
•  Consideration should be given to introduction of dedicated low energy light fitments throughout
the extension, linkway and amended existing areas, including external security lights, the
introduction of multiple zone-controlled heating and the introduction of low volume consumption
sanitary ware (at new accessible WCs).
e   Mitigating any likely air quality, noise, or pollution impacts particularly in or adjacent to Air Quality
or Noise Management Areas. In some circumstances, mitigation may not always be possible, and
avoidance may be required.

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Protective services provided comment outlined in section 6 of this report. No concerns were raised
over air quality or noise impact.
f  Ensuring that water body status is protected and, where possible, enhanced. The applicant has
submitted a flood risk assessment discussing the relevant water courses which is discussed
above. It is recommended that the decision contains a condition requiring surface water is treated
within a sustainable urban drainage system.
g  Adequate provision has been made for the development and maintenance of landscaped areas
and, and for linking to and enhancing open spaces and green networks. It is recommended that
this is the subject of planning condition.
h  Historic Environmental interest or Resources, protected under the terms of the Protect Assets
Policies are discussed above.
8.15 On balance, the proposals are considered to comply with policy EDQ3.
Other material considerations 
Economic benefit 
8.16 The applicant estimates that the development in providing new distribution space will enhance the
commercial and business offer of Cumbernauld and in doing so provide new jobs, increase local
spending and improve productivity which will benefit the local and regional economy. The headline
benefits submitted by the applicant are summarised below:
Construction phase benefits 
Construction value £32m.
Direct construction jobs 328
Indirect and induced employment 332
Direct and indirect gross value added (GVA) £29.7m 
Operational benefits
Direct employment 400 Jobs
Indirect employment 520 jobs 
9.  Conclusion
9.1  In conclusion it is considered that the proposed development will deliver business development in
accordance with the National Planning Framework (NPF4) without significantly conflicting with Local
Development Plan Policies. A distribution facility at this location is in keeping with surrounding
commercial development in terms of design and can therefore be accommodated at this location
without significant detriment to amenity of the surrounding area. As such the proposal on appropriate
assessment of the principal policy set out in the Local Development Plan, National Planning
Framework (NPF 4) and other material considerations, is an acceptable form of development at this
location, as such, it is recommended that planning permission be granted.