Agenda Document Pack - Planning Committee - 17/08/2023
North Lanarkshire Council · 17 August 2023
Back to Planning Committee — 17 August 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Clerk Name: Mark Hamill Clerk Telephone: 07811294702 Clerk Email: hamillm@northlan.gov.uk 8 August 2023 Members of the Planning Committee Chief Executive’s Office Archie Aitken Chief Officer (Legal & Democratic) Civic Centre, Windmillhill Street, Motherwell ML1 1AB www.northlanarkshire.gov.uk Notice is given that a Meeting of the Planning Committee is to be held in the Council Chamber, Civic Centre, Windmillhill Street, Motherwell, ML1 1AB on Thursday, 17 August 2023 at 10:00 AM which you are requested to attend. The agenda of business is attached. Archie Aitken Chief Officer (Legal & Democratic) Members : N Shevlin, G Currie, G Brennan, B Burgess, A Bustard, J Cairns, A Campbell, T Carragher, M Coyle, S Coyle, D Crichton, K Docherty, L Jarvie, T Johnston, J Logue, H Loughran, M McPake, J McPhilemy, A McVey, J Reddin, D Robb, G Robinson, A Smith, L Stubbs, G Woods. Page 1 of 110
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Agenda 1 Declarations of Interest In Terms of the Ethical Standards In Public Life Etc. (Scotland) Act 2000 2 Planning Applications Index Submit Planning Applications Index (copy herewith) 5 86 3 North Lanarkshire Local Development Plan 2 – Development Plan Scheme & Participation Statement Submit report by the Chief Officer (Place) seeking approval to undertake a consultation on the draft Development Plan Scheme and Participation Statement which will outline the Council’s programme for preparing and reviewing the next North Lanarkshire Local Development Plan and when, how and with whom consultation will take place (copy herewith) 87 110 Page 3 of 110
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North Lanarkshire Council Planning Applications for consideration of Planning Committee Committee Date: 17-08-2023 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved Item 2 Page 5 of 110
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APPLICATIONS FOR PLANNING COMMITTEE 17th August 2023 Page No Application No Applicant Development/Site Recommendation 8-19 21/01553/FUL Zoom Development & David & Jessie Bell Residential Development of 7no. Detached Dwellings With Detached Garages Site Off Stepps Road Auchinloch Grant (P) 20-32 33-54 22/00815/FUL 22/01463/PPP XPO Logistics Transport Services UK Limited Drumpellier Homes Ltd Proposed Warehouse Building (Class 6), Landscaping, Public Amenity Space and Associated Works Land West Of Legbrannock Road Newarthill Motherwell Residential Development of 5 Dwellinghouses and Garages (In Principle) Land To The North Of Drumpellier Avenue Coatbridge Grant Refuse 55-70 23/00035/PPP Mr Arthur Shevill Residential Development of five Dwellinghouses with associated landscaping and access (in principle) Land To The North Of 103 Glenmavis Road Airdrie ML6 0PQ Refuse 71-78 23/00123/FUL Mr John Logan Extensions to building to provide new church hall accommodation Ebenezer Evangelical Church Ralston Street Airdrie ML6 0DH Grant Page 6 of 110
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79-86 23/00602/S42 Hermiston Securities Ltd Four Industrial Units to Accommodate Use Classes 5 & 6 with associated yard, access and landscaping (Section 42 application to vary Condition 1 of 19/01506/FUL to change design of Unit 2) 51 Mcneil Drive Eurocentral Holytown ML1 4UR Grant (P) 21/01553/FUL - No decision notice should be issued until a Legal Agreement has been concluded securing the required financial contributions towards Education and Affordable Housing Page 7 of 110
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Application No: 21/01553/FUL Proposed Development: Residential Development of 7no. Detached Dwellings With Detached Garages Site Address: Site Off Stepps Road Auchinloch Date Registered: 14th October 2021 Applicant: Zoom Development & David & Jessie Bell 9 Montgomery Street The Village East Kilbride G74 4JS Agent: DTA 9 Montgomery Street The Village East Kilbride G74 4JS Application Level: Local Application Contrary to Development Plan: No Ward: 05 Stepps, Chryston and Muirhead John McLaren, Josh Cairns & Claire Louise Williams Representations: 9 letters of representation received. Recommendation: The proposed residential development of 7 dwelling houses 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. No decision notice should be issued until a Legal Agreement has been concluded securing the required financial contributions towards Education and Affordable Housing. Page 8 of 110
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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: 21/01553/FUL Name (of applicant): Zoom Development & David & Jessie Bell Site Address: Site Off Stepps Road Auchinloch Development: Residential Development of 7no. Detached Dwellings With Detached Garages Page 9 of 110
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Proposed Conditions: 1. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. For the avoidance of doubt drawings approved include: L(0-)01, L(0-)03, L(0-)10, L(0-)11, L(2-)01 A, L(2-)02 A, L(2-)03 A, L(2-)04, L(2-)10, L(0-) 02 D, L(0- )00 A & SK1. Reason: To clarify the drawings on which this permission is given. 2. That before works of any description start within the application site, the footpath alongside the main road (B757 Stepps Road) shall be constructed to adoptable standard and completed to wearing course level in accordance with plan referenced L(0-) 02 D and no change to those details shall be made without prior written approval of the Planning Authority. Reason: To ensure road and pedestrian safety. 3. That before works of any description start within the application site, the footpath to the west of the site and the link to the neighbouring residential development shall be completed as detailed on plan reference L(0-) 02 D and in accordance with details that have first been agreed in writing by the planning authority. Thereafter and for the duration of the works on site, the footpaths will be protected from construction activity and be open for public use at all times. Reason: In the interests of pedestrian safety and to accommodate a slight rerouting of the public footpath 4. That BEFORE the development hereby permitted starts, a scheme of how these footpaths detailed in condition 3 above will be maintained shall be submitted to and approved in writing by the Planning Authority. Reason: To ensure road and pedestrian safety. 5. 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. 6. 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. 7. That BEFORE the construction of any houses, 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. 8. 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 the dwelling which the fence/wall relates to becomes occupied. Reason: To ensure the provision of adequate boundary treatment. Page 10 of 110
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9. 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. 10. That any remediation identified by the site investigation agreed in terms of Condition 9 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. 11. 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. 12. That the surface water drainage scheme approved under the terms of Condition 11 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. 13. 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. 14. 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. Page 11 of 110
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15. That all works included in the scheme of landscaping and planting, approved under the terms of Condition 14 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. 16. 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 treatment areas; (b) any communal fences and walls; (c) all other communal areas. (d) for the ongoing maintenance of the acoustic fencing required by condition 18 below (e) all footpaths within the development Reason: To ensure the maintenance of communal areas and infrastructure in the interest of amenity 17. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of Condition 16 shall be in operation. Reason: To ensure there is an adequate landscape maintenance scheme in place. 18. That Plots1, 2 and 3 which the noise assessment shows that the significance of effect is large or very large should be provided with suitable acoustic fencing to help prevent noise levels from the road traffic as per the Noise Impact Assessment Rev01 Report carried out by New Acoustics dated 6th June 2022. Before development commences, the affected dwellinghouses must be identified and the mitigation measures proposed for each of these individual dwellings must be provided to, and approved in writing by, the planning authority. Reason: To ensure that the affected dwelling houses have suitable noise mitigation measures incorporated as part of their build make up. 19. That before any of the dwellinghouses within the site hereby permitted is occupied, any noise mitigation measures agreed under the terms of Condition 18 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. 20. That PRIOR to the commencement of development, the applicant shall provide a plan showing full details of the of the in-curtilage parking for each plot along with a plan showing if visitor parking can be provided on site, these plans shall be submitted to and approved in writing by the Planning Authority and thereafter implemented, prior to and dwelling being occupied. Reason: To ensure road safety. Page 12 of 110
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21. That unless otherwise agreed in writing with the Planning Authority, the access to each of the dwellings hereby permitted shall: a) be taken via a 5m wide drop kerb footway crossing arrangement leading to a minimum 5m wide driveway. b) have maximum gradients of 5% for the first 5m behind the footway. c) have a minimum of the first two metres of the driveway shall be paved in an impervious material. d) have drainage facilities on site to prevent surface water running from the site onto the public road. Reason: To ensure road and pedestrian safety. 22. That before any of the dwellings hereby are occupied, the access leading thereto shall be formed in accordance with the details approved under Condition 20 above. Reason: To ensure road and pedestrian safety. 23. That if no development has started within 12 months from the date of the permission, updated ecology and bat surveys shall 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 in writing with the Planning Authority. Reason: In the interests of the protection of natural habitats and protected species. Background Papers: Consultation Responses: Email from Local Housing Strategy dated 11th November 2021 Email from Education received 11th November 2021. Memo from Traffic & Transportation received 18th November 2021 Memo from Environmental Health (including Pollution Control) dated 12th May 2022 Email from Greenspace dated 15th March 2022 Contact Information: Any person wishing to inspect these documents should contact Aisling Divin at 01236 632500 Report Date: 11th July 2023 Page 13 of 110
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APPLICATION NO. 21/01553/FUL REPORT 1. Site Description 1.1 The application site is approximately 8971 square metres which was formerly used for agriculture or as grazing land. The site is bounded by Stepps Road with agricultural land to the East, agricultural land to the south and residential properties to the North and West. 2. Proposed Development 2.1 The proposal is for 7 two-storey dwelling houses with detached garages. There are two different house types proposed. House Type A (4 in total) consists of living room, dining room and kitchen, bathroom, study, lounge and utility room on the ground floor and four bedrooms, an ensuite, study and bathroom on the first floor. This house type measures 13m wide and 10.4m in length and incorporates a dual pitched roof which measures 8.6m to the ridge and 5.4m to the eaves. 2.2 House Type B (3 in total) consists of living room, dining room and kitchen, bathroom, study, lounge and utility room on the ground floor and has four bedrooms, an ensuite and bathroom on the first floor. This house type measures 13.14m wide and 11.4m in length and incorporates a dual pitched roof which measures 8.6m to the ridge and 5.4m to the eaves. This House Type also incorporates a raised terraced to the rear of the dwelling. 2.3 All of the 7 houses will be finished in white render finish, grey slate like tiled roof, aluminium grey window frames with grey brick basecourse. 3. Applicant’s Supporting Information 3.1 The applicant has provided the following information in support of their application: • Plans • Topographical Survey • Planning Support Statement • Design Statement • Tree Survey & Tree Protection Plan • Protected Species Surveys including Bat Activity Survey • Water Vole Survey • Noise Assessment • Traffic Surveys 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: • PROM LOC3 POLICY – Housing Development Site • PP1C POLICY -Purpose of Place • AD1C POLICY -Amount of Development • EDQ1 -Site Appraisal • EDQ3 -Quality of Development 5.2 When the application was received in 2021, the site was zoned as Greenbelt in the North Lanarkshire Local Plan. This plan has since been replaced with the adoption of the Council’s Local Development Plan. The allocation for the site changed in this plan and the site is now a designated housing site. Accordingly the site is now designated as PROM LOC3 POLICY (Housing Development Site), this site is one of many which is provided by NLC to maintain a minimum five-year effective housing land supply at all times for each Housing Sub-Market area. For proposals for housing development in Local Page 14 of 110
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Centres, the proposal must comply with policies set out in PP1C (Purpose of Place) and AD 1C (Amount of Development). Policies EDQ 1 (Site Appraisal) and EDQ 3 (Quality of Development) are also relevant as these policies 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. 5.3 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 Policy 14 - Design, Quality and Place and Policy 16 - Quality Homes. 5.4 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 Auchinloch Community Council - has objected to the proposal. The points raised are similar to the objections received by the local residents which are summarised below. 6.2 Auchinloch development Trust – has provided general comments not in support or objecting to the proposal. The points raised are similar to the objections received by the local residents which are summarised below. 6.3 NLC Traffic and Transportation initially recommended the application to be deferred as they had concerns with the visibility splays and the current speed limit of the main road (B757 Stepps Road) from which access will be taken for this site. Detailed discussions have taken place with the applicant in respect of the site access and visibility requirements and additional supporting information and updated plans has been agreed with the applicant. This included forming an appropriate active travel route to the frontage of the site (to ensure the development is properly linked to the village by way of a suitable adopted footpath). With the construction of the footpath to the frontage of the site along the main road connecting to the existing footpath at the Golden Pheasant this will also improve visibility as it requires the removal of a wall to the north of the site access which obstructs the achievable visibility splays. The construction of this footpath requires the agreement of a third party landowner (the owner of the public house). The footpath will be adopted by the Council so requires to be illuminated. Following which NLC Roads will be in a position to promote a Traffic Regulation Order to extend the 30mph speed limit down to the site access. This would have a beneficial effect on reducing existing speeds for vehicles approaching/leaving the village. The footpath will also mean that the site is connected by a properly surfaced and lit footpath to the village. 6.4 NLC Education have no objections provided a contribution £4737.55 for East Dunbartonshire Council and £17,863.90 to North Lanarkshire Council, to deal with the impact on educational facilities in the area. This contribution will be delivered via a legal agreement. 6.5 NLC Housing New Supply raises no objection to the application. They have noted that for sites with a capacity of 5 to 19 units, a commuted sum equivalent to provision of 25% affordable housing will be required. Given this site is for 7 units, an Affordable Housing Agreement has been prepared by the Council and has been duly agreed by the Applicant. This will be delivered via a legal agreement. This requires the payment of £30,000 by the applicant. 6.6 NLC Greenspace have stated that they no objections to the proposals as adequate ecology reports were submitted and agreed. Conditions are attached to the permission that if no development starts on site within 12 months of the decision date then updated surveys are required. 6.7 NLC Pollution Control raise no objections to the application and provided that appropriate conditions and informatives were 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 attached to cover both of these issues. Page 15 of 110
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7. Representations 7.1 Following neighbour notification procedure and advertisement in the local press, nine letters of representation were received within the allowed timeframe for making representation. These are summarised as follows: • There is no Shortfall of Housing within the area • The proposed development does not integrate well into the village. • Undermines Greenbelt Objectives • Road Safety Concerns • More traffic generated • Impact on Right of Way • New Footpath is dangerous • No Contribution or engagement to any community -led projects such as proposed village park championed by Auchinloch Development Trust • Flooding • Substantial Water Pipe buried in this field and must be protected and is subject to a wayleave agreement with Scottish Water • Further deterioration of the existing sewer system • Field is used for Local Dog Walkers • More Development will impact the wildlife • Plot No.7 will overshadow existing property 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 Local Development Plan: The site is designated as PROM LOC3 POLICY (Housing Development Site), this site is one of many which is provided by NLC to maintain a minimum five-year effective housing land supply at all times for each Housing Sub-Market. Policies EDQ 1 (Site Appraisal) and EDQ 3 (Quality of Development) are also relevant as these policies 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. 8.3 PP 3 (Purpose of Place): 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. 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. The proposed development site is an allocated housing site and, 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 PP3 POLICY Purpose of Place. 8.4 AD 1C (Amount of Development) - 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 PP1C, its scale must be assessed. As a designated housing site, no assessment on the amount of development is required. 8.5 EDQ 1 POLICY (Site Appraisal) - 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. As noted earlier, when the application was registered, the site was zoned as Greenbelt, however, with the adoption of the Local Development Plan the site is now zoned as a Housing Development site, the Page 16 of 110
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proposal for housing on this site is considered an acceptable use. As a proposed 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. 8.6 Policy EDQ 3 (Quality of Development) - this 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. The applicant proposes house types which are 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 small housing development. The 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. 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. It is acknowledged that House Type B has incorporated a raised terrace to the rear of the dwelling, it is noted that these House Types are located in Plots 1, 2 & 3, which will face onto Stepps Roads and considered a significant distance to any neighbouring properties to create any new privacy or overlooking issues. The proposed dwellings meet the Council’s Open Space Standards in terms of front and although some parts of rear garden depths are slightly less than 10m, however, the overall area of open space within the plot is considered acceptable. It is noted that the developer will be adding a linkage path to the existing Play Park Area of the adjacent housing development. If the permission is granted, a condition will be attached requesting more information on in-curtilage parking to ensure this is acceptable for each plot. 8.7 In of National Planning Framework 4 (NPF4), there are number of policies that affect the proposal, with the most notable ones being, Policy 14 - Design, Quality and Place and Policy 16 - Quality Homes. These policies are embedded and reflected within the NLLDP policies listed above. 8.8 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 considered to improve connectivity with the active travel proposed, therefore, it is considered to comply with this policy. 8.9 Policy 16 supports developments for new homes on land allocated for housing in the LDP. The application site is located as an allocated housing development site and the proposal is for 7 dwelling houses within this site. Given this, the proposal is compatible for this area, as it will help NLC Housing Supply Targets and Land Requirements, and it will not have a detrimental impact on the area and is compliant with the general principles of this policy. 8.10 Representations: In response to the grounds of representation above in 7.1, these are commented on in the same order as they appear above: • No Shortfall of Housing within the area The site within the New Local Development Plan is an allocated site for a housing development. This has been taken into account during the assessment of our Local Development Plan as it has been a chosen site for this type of development so in principle is considered acceptable. • The proposed development does not integrate well into the village The proposal has been assessed against the relevant policies within the local development plan. It is considered that the proposed development of seven dwellinghouses is compatible for the land use Page 17 of 110
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and in terms of quality of development (EDQ 3), the proposal is acceptable in terms of massing, layout, materials used and is considered not to have a detrimental impact on the surrounding area. The site will be well linked to the village by way of footpath links to the existing residential development to the west, to the village by way of the existing footpath on the western boundary of the site and along a new footpath which will be lit and adopted alongside the main road. • Undermines Greenbelt Objectives It is noted that when the application was received in October 2021, the site was zoned as Greenbelt within the Local Development Plan 2012, however, the new Local Development Plan dated 2022 is now in effect and the site is zoned as a Housing Development Site under this new plan. • Road Safety Concerns During the planning application assessment process, we consulted with our Roads Department, to receive their comments on this proposal. There have been various discussions, given the 60pmh speed limit along Stepps Road along with the current visibility splays for traffic to enter and exit the site. As stated above, detailed discussions have taken place with the applicant in respect of the site access and visibility requirements and additional supporting information and updated plans has been agreed with the applicant. This included forming an appropriate active travel route to the frontage of the site (to ensure the development is properly linked to the village by way of a suitable adopted footpath). With the construction of the footpath to the frontage of the site along the main road connecting to the existing footpath at the Golden Pheasant this will also improve visibility as it requires the removal of a wall to the north of the site access which obstructs the achievable visibility splays. The construction of this footpath requires the agreement of a third party landowner (the owner of the public house). The footpath will be adopted by the Council so requires to be illuminated. Following which NLC Roads will be in a position to promote a Traffic Regulation Order to extend the 30mph speed limit down to the site access. This would have a beneficial effect on reducing existing speeds for vehicles approaching/leaving the village. The footpath will also mean that the site is connected by a properly surfaced and lit footpath to the village. • More traffic generated Whilst there will be slightly more traffic generated, it is considered that the scale of this traffic would not be significant to cause a detrimental impact within the area or justify a refusal of planning permission • Right of Way It is acknowledged that there is an established Right of Way to the western part of this site. The applicant has proposed retain (and improve that section of the path which is within their control) so this will not be lost as a result of the development and conditions are proposed to ensure it remains useable during the construction phase of the development. The applicant is also proposing to create an active travel route along the main road side of the site, to create a safe and pedestrianised travel route to link the site to the village by way of an adopted and lit route. • New Footpath is dangerous This view is not shared by NLC Transportation. As stated above, the proposed footpath will create an active travel route and once this is completed and illuminated, NLC Roads and Transportation will be in a position to promote a Traffic Regulation Order to extend the 30mph speed limit down to the site access.. • No Contribution or engagement to any community-led projects such as proposed village park championed by ADT The site is a designated housing site and we can only deal with applications as they are submitted to us. For the planning application, we have consulted with Education Services and NLC Housing, where contributions for these sectors of the local authority have been raised. To this end, a legal agreement will be concluded between the council and the applicant. No decision notice will be issued until this Legal Agreement has been concluded securing the required financial contributions towards Education Page 18 of 110
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and Affordable Housing. • Flooding It is noted that the area is not listed as a high-risk area for Flooding within the SEPA Flood Maps, the standard conditions for drainage in association with the construction of dwellinghouses have been attached to the permission. This will require drainage facilities to be provided on site to prevent surface water running from the site onto the public road. • Substantial Water Pipe buried in this field and must be protected is subject to a wayleave agreement with Scottish Water For the proposed conditions attached, one relates to the applicant providing 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. This is to be agreed before any works start on site. • Further deterioration of the existing sewer system If the application receives a successful outcome at the Planning Committee, the standard conditions association with the construction of dwellinghouses relating to drainage attached to this permission will ensure that Scottish Water are satisfied with the proposals. • Field is used for Local Dog Walkers This is not a material planning consideration. However, it is noted that the proposal has included active travel routes to the village and the connection into the neighbouring housing site. • More Development will impact the wildlife As noted above, NLC Greenspaces were consulted during the assessment process. They have stated that they no objections to the proposals as adequate ecology reports were submitted and the findings agreed. Conditions are attached to the permission that if no development starts on site within 12 months of the decision, then updated surveys are required. • Plot No.7 will overshadow property It is considered that the proposed dwellings are at a significant distance to the existing dwellings within the area not to create any sunlight/daylight issues. 9. Conclusion 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. The committee should note that the decision will not be issued until a legal agreement has been concluded to secure the financial contribution towards Affordable Housing and Education for North Lanarkshire Council and East Dunbartonshire Council. Page 19 of 110
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Application No: 22/00815/FUL Proposed Development: Proposed Warehouse Building (Class 6), Landscaping, Public Amenity Space and Associated Works Site Address: Land West Of Legbrannock Road Newarthill Motherwell Date Registered: 22nd July 2022 Applicant: XPO Logistics Transport Services UK Limited Legbrannock Road Motherwell ML1 5SZ Agent: Jones Lang LaSalle Ltd 7 Conference Square Conference Square Edinburgh EH3 8LL Application Level: Major Application Contrary to Development Plan: Yes Ward: 16 Mossend and Holytown Frank McNally, Jim Reddin, Beth Baudo. Representations: 5 letters of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The development represents an acceptable exception to Green Belt policy contained within the North Lanarkshire Local Development Plan and the application has demonstrated that the development will be broadly compliant with NPF4 and that it can be accommodated without detriment to the surrounding area. Page 20 of 110
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Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396. Planning Application: 22/00815/FUL Name (of applicant): XPO Logistics Transport Services UK Limited Site Address: Land West Of Legbrannock Road Newarthill Motherwell Development: Proposed Warehouse Building (Class 6), Landscaping, Public Amenity Space and Associated Works Page 21 of 110
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Proposed Conditions:- 1. That as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing nos:- 210051-3DR-00-DR-D0004 REV D (Revised site layout plan), 210051-3DR-00-DR-D0011 (Site Section frontage comparison), 75001-PO5 (Visibility splays), 078556-CUR-ZZ-00-D-C-92001 P01 – (Drainage Strategy Plan), 210051-3DR-00-DR-D0005B (Ground Floor Plan Proposed), 210051-3DR-00-DR-D0006A (First floor plan proposed), 210051-3DR-00-DR- D0007B (Roof Plan), 210051-3DR-00-DR-D0008B (Sections as proposed), 210051-3DR-00-DR- D0009A (Elevations as proposed), 210051-3DR-00-DR-D0010A (Detailed elevations proposed), GM11701-001 A (Topographical Survey 1), GM11701-001 A (Topographical Survey 2), 210051-3DR- 00-DR=D0001 Rev C (Red/blue line boundaries), 210051-3DR-00-DR-D00001 C (Location plan as existing), 210051-3DR-00-DR-0003 (Existing site plan) and 210051-3DR-00-DR-D0003 (Location Plan). Reason: To clarify the drawings on which this approval of permission is founded. 2. That the finishing materials for the building shall be as described on the relevant elevation drawings, unless otherwise agreed in writing by the Planning Authority. Reason: In the interests of the visual amenity of the site and surrounding area, and to enable the Planning Authority to consider these aspects in detail. 3. That unless otherwise agreed in writing, prior to commencement of construction work on site, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site. Reason: To ensure the provision of suitable planting in the interests of the amenity of the site. 4. That the landscaping as approved under condition 3 above shall be implemented in accordance with a timetable to be submitted for the written approval of the Planning Authority. Furthermore, the landscaping shall be maintained in accordance with a maintenance schedule to be submitted for the written approval of the Planning Authority prior to commencement of work on site. Reason: To ensure the provision of suitable planting in the interests of the amenity of the site. 5. That unless otherwise agreed in writing, prior to commencement of construction work on site, details of all proposed boundary fencing shall be submitted for the written approval of the Planning Authority and the said boundary fencing shall be implemented to the satisfaction of Planning Authority prior to the operation occupation of the approved development. Reason: To enable the Planning Authority to consider these aspects in detail in the interests of health and safety. 6. That should development not have commenced within one year of the date of the Preliminary Ecological Appraisal (PEA) 12th May 2022 by Envirocentre Ltd an updated PEA shall first be submitted to, and approved in writing by the Planning Authority. Should this survey identify evidence of protected species within the site and require any mitigation measures, these measures shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site. Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007. Page 22 of 110
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7. That should development not have commenced within one year of the date of the Great Crested Newt Survey dated 21st April 2023 by Envirocentre Ltd an updated Great Crested Newt Survey shall first be submitted to, and approved in writing by the Planning Authority. Should this survey identify evidence of protected species within the site and require any mitigation measures, these measures shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site. Reason: In order to protect protected species and enhance biodiversity. 8. That unless otherwise agreed in writing by the Planning Authority, a Habitat Management Plan shall be submitted (including proposals for a wetland/swamp habitat) to and approved in writing by the Planning Authority and shall contain details of all biodiversity mitigation measures as identified within the submitted Planning Statement, Preliminary Ecological Assessment and National Vegetation Classification Assessment dated 9th June 2023. Reason: In order to protect protected species and enhance biodiversity. 9. That before the commencement of works on site, the developer shall appoint and retain the services of a suitably qualified Ecological Clerk of Works (ECOW). The remit of the (ECOW) shall be submitted to and approved in writing by the Planning Authority before the appointment is made. The remit shall include monitoring of the agreed Habitat Management Plan (HMP) and production of regular reports (to be submitted to the Planning Authority) over the life time of the HMP to ensure its compliance. In the interests of clarity and given the transient nature of potential protected species this shall include a pre- start survey of the development site hereby approved. Reason: In the interests of ensuring nature conservation and biodiversity enhancement measures for the site are implemented in accordance with approved Habitat Management Plan. 10. That BEFORE any works start on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by CIRIA in March 2000. Furthermore, site drainage shall be carried out in accordance with Drainage Strategy Plan 078556-CUR-ZZ-D-C-92001 P01. Reason: To safeguard adjacent watercourses and groundwater from pollution. in the interests of environmental and amenity protection. 11. That the surface water drainage scheme approved under the terms of condition 10 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. 12. That PRIOR to the occupation of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development. Reason: To ensure the provision of satisfactory drainage arrangements. 13. That unless otherwise agreed in writing by the Planning Authority, before commencement of development, details of the finishing materials for the development road, parking bays and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority. Reason: In the interests of the visual amenity of the site. Page 23 of 110
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14. That prior to the installation of fixed plant, exact details of the fixed plant to be installed on the site shall be submitted to, and approved in writing by the Planning Authority and thereafter implemented in accordance with the details approved under the terms of this condition. For the avoidance of doubt, plant shall be selected to ensure non tonal equipment is installed. Reason: To enable the Planning Authority to consider these aspects in detail. 15. That unless otherwise agreed in writing, the noise associated with the fixed plant shall not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 23.00 hours and N.R.C. 25 at all other times. Reason: To ensure that the noise associated with the development will be within acceptable limits. 16. That prior to the commencement of development, a Construction Management Plan, Dust Management Plan, and Construction Logistics Plan to address potential dust on the local environment during the construction phase shall be submitted to and approved in writing by the Planning and thereafter implemented in accordance with the details approved under the terms of this condition. Reason: To ensure the local environment is suitably protected from dust during the construction phase. 17. That the recommendations contained within the revised Mine Entry and Shallow Workings Treatment Strategy Rev. P02 dated 10th May 2023, produced by Curtins shall be carried out to the satisfaction of the Planning Authority and prior to occupation and operations on site a signed report from a suitably qualified engineer confirming the above shall be submitted for the written approval of the Planning Authority. Reason: In the interests of Health and Safety. 18. That no development shall commence on site (excluding site clearance) until; a. A scheme of intrusive investigations has been carried out on site to fully establish the risks posed to the development by recorded mine entries, past shallow coal mining and past surface (opencast) mining; and b. Any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full, to the satisfaction of the Planning Authority. The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance. Reason: To ensure the site is safe and stable for the proposed development. 19. That unless otherwise agreed in writing and 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, 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 the site is safe and stable for the proposed development. 20. That the remediation recommendations contained within the Phase 2 Ground Investigation Report produced by Curtins dated February 2023 and referenced 07855-CUR-00-XX-RP-GE-001 Rev P04 shall be carried out to the satisfaction of the Planning Authority and prior to occupation and operations on site, a signed report from a suitably qualified engineer confirming the above shall be submitted for the written approval of the Planning Authority. Reason: In the interests of Health and Safety. Page 24 of 110
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21. That unless otherwise agreed in writing by the Planning Authority, and prior to the operation of the use hereby approved, a United Kingdom Water Industry Research Assessment shall be submitted to and approved in writing by the Planning Authority. Reason: In order to assess this aspect in the interests of water quality. 22. Unless otherwise agreed in writing, and before commencement of operations on site, the mitigation recommendations of the National Soil Classification (NVC) Assessment produced by Ben Averis dated the 9th of June 2023 shall be carried out to the satisfaction of the Planning Authority and a detailed report confirming all measures have been carried out shall be submitted to and approved in writing by the Planning Authority prior to the operation of the use hereby approved. Reason: In the interests of soil quality and habitat diversity. 23. That unless otherwise agreed in writing, and before commencement of operations on site, an updated Ground Gas Assessment (including cross sections showing the geology of the site) shall be submitted to, and approved in writing by the Planning Authority and any associated remedial works shall be carried out to the satisfaction of the Planning Authority including a report produced by a suitably qualified engineer confirming that the works have been carried prior to commencement of construction works on site. Reason: In the interests of Health and Safety. 24. That unless otherwise agreed in writing by the Planning Authority, a 2.5 metre high close boarded Noise Attenuation fence shall be erected along the north-eastern boundary of the site as illustrated on revised layout drawing numbered 210051-3DR-00-DR-D0004 Rev D prior to the operation of the use hereby permitted to the satisfaction of the Planning Authority. Reason: In the interests of residential amenity. 25. That unless otherwise agreed in writing, a Travel Plan shall be submitted to and approved by the Planning Authority and will thereafter be implemented to the satisfaction of the Planning Authority prior to the operation of the use on site. Reason: To be consistent with the requirements of National Planning Framework 4. Background Papers: Consultation Responses: Traffic & Transportation dated 12.04.2023 and 12.06.2023. Environmental Health (including Pollution Control) dated 01.08.2022, 18.08.2022,31.01.2023,02.12.2022 and 01.03.2023. NLC Greenspace dated 16.09.2022, 08.11.2022 and 08.06.2023. Scottish Environment Protection Agency dated 27.07.2022. Scottish Water dated 26.07.2022. The Coal Authority dated 05.08.2022, 01.09.2022, 23.02.2023 and 29.05.2023. Scottish Natural Heritage dated 25.07.2022. Contact Information: Any person wishing to inspect these documents should contact Paul Williams at 01236 632500 Report Date: 4th August 2023 Page 25 of 110
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REPORT 1. Site Description 1.1 The application site lies to the west of Legbrannock Road, Newarthill and lies within the curtilage of the existing XPO Logistics warehouse which is accessed of Legbrannock Road. It is bounded to the north by Edinburgh Road, to the east by Legbrannock Road and to the south by the existing XPO site and to the south and west by scrubland which acts as a buffer to the adjoining Torrance Park golf course. The site is relatively flat and covers an area of approximately 43 acres consisting of scrubland along the northern, southern and western edges with some mature trees and open grassland to the south. 2. Proposed Development 2.1 The applicant, XPO logistics, seeks consent for the development of a Class 6 Warehouse building, public amenity space and associated works. The proposed development site lies to the north and west of the existing XPO operational site. The proposed building would have a floor area of 290.00 sq. ft. for a Class 6 warehouse for storage and distribution, including associated office space. It would be a portal steel frame structure set back 19 metres from Edinburgh Road, with a roof height of 10.6 metres on the northern elevation and 14 metres on the southern elevation. The proposed structure is 145 metres wide and 193.5 metres long and would be finished in a mixture of standing seam grey cladding, dark and mid grey cladding and brick which is intended to minimise visual impact and a bronze cladding frame for the lower height office frontage. The proposed building also includes a first floor office mezzanine along the northern frontage, roof mounted photovoltaic solar panels, associated hardstanding and yard area, 229 car parking spaces (including 24 EV charging bays and 12 accessible spaces), 120 cycle spaces,16 cycle chargers and 60 docking bays and 145 trailer bays. 2.2 The site would be accessed from a newly formed and separate access off Legbrannock Road. Approximately 18.5 acres of the overall site area of 43 acres would be developed. Tree planting and associated landscaping is proposed along the northern and eastern boundaries. The proposed development area lies in the northeastern section of the overall site boundary with existing woodland and scrub areas to the west and south of the development platform to retained and enhanced in terms biodiversity creating a wildlife reserve which will also wrap around the southern boundary of the existing operational site to the south of the development platform. 3. Applicant’s Supporting Information 3.1 Extensive efforts were undertaken by the applicant via pre-application discussions, to ascertain the likely level of technical information required to support consideration of the proposals. This has resulted in a comprehensive body of information being submitted which has afforded early detailed consideration in respect of the following:- • Air Quality Assessment produced by Surface dated June 2022 • Coal Mining Risk Assessment by Curtins dated 14th September 2021 • Design and Access Statement by 3D Reid dated June 2022 • Flood Risk Assessment by Curtins dated 1st July 2022 • Phase 1 Preliminary Risk Assessment by Curtins dated 25th June 2021 • Phase 2 Ground Investigation Report by Curtins dated 8th March 2022 • Planning Statement by JLL dated June 2022 • Pre-application Consultation Report by JLL dated June 2022 • Preliminary Ecological Survey by Envirocentre dated May 2022 • Socio-Economic Statement by MKA Economics dated May 2022 • Transport Statement by Curtins dated 11th May 2022 • Woodland Survey by Envirocentre dated August 2021 • Noise Assessment Report by Wardell Armstrong dated July 2022 • Energy and Sustainability Statement by DSSR dated May 2022 • Phase 2 Ground Investigation Report Rev P03 by Curtins dated 13th December 2022 • Phase 2 Ground Investigation Report Rev P04 by Curtins dated 8th February 2023 • Great Crested Newt Survey by Envirocentre dated 12th May 2023 • Habitat Suitability Index (HSI) Assessment by Envirocentre dated March 2023 Page 26 of 110
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• National Vegetation Classification (NVC) by Ben Averis dated June 2023 3.2 In addition to the technical detail provided, the applicant has outlined that the XPO Logistics is the second largest logistics business in the UK with 10 existing facilities along the M8 corridor. The existing facility on site currently employs over 100 staff and that they are committed to investment in the region and they have a significant requirement for a large scale warehouse in the M8 corridor to meet market demands for logistics distribution. The applicant has further stated that the proposed development will create circa 355 additional and genuinely new jobs (this takes account of displacement from existing businesses in the area). 3.3 The Pre-Application Consultation report summarised the virtual public consultation carried out during Covid 19 as well as engagement with Newarthill Community Council, Motherwell Wildlife Trust and political stakeholders. Design amendments have been instigated as a result of feedback including the removal of proposed formal public access paths in the amenity spaces. 4. Site History 4.1 There is no relevant planning history. 5. Development Plan 5.1 The North Lanarkshire Local Development Plan 2022 Identifies the site as being within the Green Belt where Purpose of Place Policy 4 - Green Belt (PP4) and associated Policy Amount of Development 4 (AD 4). Environmental and Design Policies EDQ1 - (Site Appraisal) and Policy EDQ3 (Quality of Development) are also relevant to the assessment of the proposal. The development plan also now comprises National Planning Framework 4 (NPF4), Policy 8 (Green Belt) is of prime relevance. 5.2 NPF4 Policy 8 Green Belts states that proposals within the Green Belt as designated within the Local Development Plan will only be supported if they are required for development associated with agriculture, woodland creation, forestry, key workers, horticulture, outdoor recreation and other rural use justifications which demonstrate a specific locational need. Other relevant policies within NPF4 are Policy 1 (Tackling the climate and nature crises), Policy 3 (Biodiversity), Policy 5 (Soils), Policy 6 (Woodland and Trees) and Policy 22 (Flood Risk and Water Management). 6. Consultations 6.1 The Coal Authority initially expressed substantive concern and formally objected to the proposal as it lies within a High Risk Area in terms of historical mine workings. A Coal Mining Risk Assessment (CMRA) was submitted, however the Coal Authority requested further commentary on certain issues. The Coal Authority has subsequently withdrawn its objection subject to the application of planning conditions relating to further investigation and identified remediation works. 6.2 The Scottish Environment Protection Agency offered Standing Advice. 6.3 Scottish Water confirmed that there is currently sufficient capacity in terms of both water supply and foul drainage treatment. 6.4 NLC Greenspace advised that there are no Nature Conservation designations within the site. A Preliminary Ecological Appraisal (PEA) was required to ascertain whether there are any protected species within the site. A PEA and Phase 1 survey was carried out. The associated PEA report was submitted and a Great Crested Newt Survey was carried out and Greenspace has accepted its findings of the PEA and Great Crested Newt Survey which confirm that there are no protected species issues. Greenspace has also recommended these surveys should be updated in the event the development is not commenced within one year of the surveys. Furthermore, Greenspace requested the submission of National Vegetation Classification Assessment (NVC Assessment) which was carried out and potential Groundwater Terrestrial Ecosystem (GWDTE) habitats assessed and recommended specific mitigation and compensation measures in order to achieve overall biodiversity enhancement. Greenspace have concurred with findings of the NVC Assessment. 6.5 NLC Environmental Health (including Pollution Control) asked for some clarification of certain aspects of the Site Investigation and associated report carried out including that a United Kingdom Water Page 27 of 110
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Industry Research Assessment (UKWIR Assessment) should be submitted to and approved in writing by the Planning Authority and that further ground gas assessment is required. Pollution Control is satisfied that these issues can be satisfactorily dealt with through the imposition of appropriate conditions. Pollution Control is also satisfied with findings of the noise assessment and air quality assessment. Pollution Control recommended that a noise attenuation fence be erected around the north eastern boundary of the site in order to protect the residential amenity of a vacant and dilapidated dwelling on the other side of Edinburgh Road, which the owner intends to renovate. This can be achieved through the submitted revised proposed layout plan and the imposition of the appropriate planning condition. A planning condition is also attached covering dust management during the construction phase. 6.6 NLC Traffic & Transportation has advised that they are satisfied with visibility splay and footpath as illustrated on the revised layout plan. They have further advised that they agree with findings of the Transport Assessment that the site and road infrastructure can satisfactorily deal with proposal and its associated traffic generation. 7. Representations 7.1 Five letters of representation have been received within the deadline for responses as a result of neighbour notification and the newspaper advert in the Bellshill Speaker. Three representations objecting to the proposal and two representations in support of the proposal in terms of investment locally and job creation. One objection letter was received from Richard Leonard MSP. The points of objection can be summarised as follows:- • Loss of Green Belt • Noise Pollution • Traffic/Road Safety concerns • Flooding issues in term of proposal potential impact on existing drainage infrastructure • Visual impact 8. Planning Assessment 8.1 Sections 25(1) (a) and 37(2) of the Town and Country Planning (Scotland) Act 1997, requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. NPF 4 8.2 The proposal also has to be assessed in terms of National Planning Framework 4 (NPF4). The relevant prime policy is Policy 8 Green Belts. Policy 8 states that proposals within the Green Belt as designated within the Local Development Plan will only be supported if they are required for development associated with agriculture, woodland creation, forestry, key workers, horticulture, outdoor recreation and other rural use justifications which demonstrate a specific locational need. Other relevant policies within NPF4 are Policy 1 (Tackling the climate and nature crises), Policy 3 (Biodiversity), Policy 5 (Soils), Policy 6 (Woodland and Trees) and Policy 22 (Flood Risk and Water Management). Local Development Plan 8.3 The North Lanarkshire Local Development Plan 2022 Identifies the site as being within the Green Belt. The Green Belt is covered by Purpose of Place Policy 4 Green Belt. This policy has 2 component parts, PP 4 Purpose of Place and AD 4 Amount of Development. Environmental and Design Policies EDQ 1 (Site Appraisal and EDQ 3 (Quality of Development) are also relevant the assessment of the proposed development. In the case of the development proposed, Policy PP 4 Greenbelt has the stated aim of protecting the setting of communities, supporting regeneration by directing growth to urban areas, protecting natural assets and providing a high-quality environment. Assessments of appropriateness, within this policy, should include but not be limited to; • A Business Plan, or Statement of Justification • A statement that the proposal is not best suited to being located in a centre, or General Urban Area, taking the town centres first sequential approach. • A statement on the scale and nature of existing development in the Green Belt. Page 28 of 110
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• Evidence that there is a specific locational requirement for the proposal. • Evidence that the proposal shall result in significant economic benefit • It's impact on travel patterns and accessibility by sustainable modes of transport • Adherence to Policies EDQ 1, EDQ 2, EDQ 3 AND CI 1 Policy AD 4 - Amount of Development 8.4 Policy AD 4 states that any applications for planning permission for new development in the Green Belt will be assessed for their implications related to the proposed development. With regards to the Use Class, 6 – Storage and Distribution the policy indicates that an assessment of appropriateness of the scale and nature of the development is required to justify that the development is appropriate for the Green Belt. This should include, but not be limited to; • A statement on whether the proposal is an intensification of an existing use. • Its impact on land supplies. • Evidence regarding the existence of suitable alternative sites. Development that does not meet these criteria will not be supported. Policy EDQ1 Site Appraisal and Policy EDQ3 - Quality of Development. 8.5 Policy EDQ1 Site Appraisal states that a proposed development will be appraised in terms of the site and its surroundings to ensure it will integrate successfully into the local area and avoid harm to neighbouring amenity. The matters to be addressed in the appraisal include but are not limited to amongst others: • massing, height, style, finishing materials of any building or buildings on the site and surrounding Land Use Character Area • orientation and topography of the site and surrounding Land Use Character Area • mixture of uses in the Land Use Character Area • building lines, plot ratios, groupings, • types of enclosure (e.g fences, walls, hedges), • existence and quality of connections and access including site and building entrances, roads, paths and visuals on the site and surrounding Land Use Character Area • biodiversity of plants and animals on the site and surrounding Land Use Character Area • the nature and types of features to be safeguarded or enhanced on the site and surrounding Land Use Character Area • requirement for any additional assessments on the site and surrounding Land Use Character Area 8.6 Policy EDQ3 - Quality of Development - only permits development where high standard of site planning and sustainable design and development are achieved. This includes a number of matters appropriate to the site from the various sub paragraphs stated in Policy EDQ3 i.e. Mitigating any likely noise impact. In some circumstances mitigation may not always be possible and avoidance may be required. NPF 4 Policy 8 states that proposals within the Green Belt as designated within the Local Development Plan will only be supported if they are required for development associated with agriculture, woodland creation, forestry, key workers, horticulture, outdoor recreation and other rural use justifications which demonstrate a specific locational need. It further states that the reasons should be provided as to why a Green Belt location is essential and why the proposal cannot be located on an alternative site outwith the Green Belt. 8.7 NPF4 Policy 8 states that proposals will be supported when there is an intensification of an established uses when the following requirements are met – reasons are provided why the Green belt location is required, that the purpose of the Green Belt at that location is not undermined, the proposal is compatible with surrounding established countryside and landscape character, where visual impact has been addressed and where there will be no significant long term impacts on the environmental quality of the Green Belt. Other relevant policies within NPF4 are Policy 1 (Tackling the climate and nature crises), Policy 3 (Biodiversity), Policy 5 (Soils), Policy 6 (Woodland and Trees) and Policy 22 (Flood Risk and Water Management). 8.8 In this case, it is considered that the proposal represents a justifiable exception to Green Belt policy. Although the site is within the Green Belt it is part of an existing and long established storage and Page 29 of 110
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distribution business adjacent to an existing industrial area on the northern side of Edinburgh Road. The proposal involves the retention of the majority of the site as an enhanced woodland which will form a strong defensible boundary and provide a natural boundary between the existing business operation and the proposed development site and the golf course and green belt to the south and west, which would be, in effect, a rationalisation of the Green Belt boundary. There is a specific locational need for the development and the applicant’s market assessment indicates that there is a lack of available sites or buildings in the existing land supply along the M8 Corridor that would be able to meet their specific needs for a development of this scale and nature and this reflects our assessment of the industrial land supply. The proposed development is considered to be compatible with the Green Belt as it would essentially act as an infill development between Newhouse Industrial Estate and the applicants’ existing facility which will have the effect of also reinforcing the Green Belt boundary. The development is best suited to an out of town location due to scale and nature of operation and requirement to connect with motorway network. The existing facility has operated for many years and employs over 100 staff. The proposed development would result in significant economic benefit (£40 million capital investment, £9.2 million injection into the regional construction section, 497 net new jobs creating £12.2 million annual salaries and annual Gross Value Added injection of £22.9 million into the local economy). The submitted Transport Assessment complies with policies CI 1 and EDQ 3. The proposed building would take up approximately one third of overall site with majority of the residual site area being subject to significant ecological improvement subject to the implementation of a Habitat Management Plan. It is considered that, in this context, the proposal conforms to the criteria of Policy 8 within NPF4 as well as addressing Policy 1 (Tackling the climate and nature crises), Policy 3 (Biodiversity), Policy 5 (Soils), Policy 6 (Woodland and Trees) and Policy 22 (Flood Risk and Water Management). It is also considered, in this context, that the proposal complies with criteria and aims of policies PP 4 and AD 4. Landscape and Visual Impact 8.9 Due to the location and nature of the scale and massing of the proposed building and the residual enhanced woodland habitat management woodland and golf course beyond, and with the frontage of the building being reduced in height is considered that the proposed development does not raise any landscape and visual impact issues. Ecology 8.10 In addition to the commentary above on the wider landscape impacts of the proposal, it is also relevant to consider the impact on planting and ecology local to the site. In terms of ecology, Policy PROT A indicates that development that significantly affects a species protected by law will only be permitted where an appraisal has demonstrated that the protected species would not be compromised. NPF 4 Policy 3 (Biodiversity) requires that any proposed development can demonstrate significant biodiversity enhancements. A Preliminary Ecological Appraisal was undertaken on the site to determine the existence of suitable habitat for, and evidence of bats, otter, water vole, badger, and great crested newts. Whilst no protected species were recorded, Greenspace accepted the findings of the reports but advised that these would require to be updated in the event that development had not commenced within one year of the survey date. Furthermore, the proposed biodiversity enhancement recommendations as identified within the submitted Planning Statement, Preliminary Ecological Assessment and National Vegetation Classification Assessment dated 9th June 2023 can be imposed as planning conditions and achieved through the operation of a Habitat Management Plan and associated Ecological Clerk of Works, also through the imposition of planning conditions. It is considered, in this context, that the residual two thirds of the site that will be retained and enhanced in terms of habitat and biodiversity will represent a biodiversity net gain when compared to the existing unmanaged scrubland. In this context, the proposal is considered to comply with aims of NPF Policy 3. Flooding and Drainage 8.11 NPF4 Policy 22 (Flood Risk and Water Management) requires that applicable developments demonstrate any risk and means for mitigation of flooding and detail the measures for treatment of surface water through the use of SUDS principles. A flood risk assessment was undertaken on the site and the findings are contained within the Drainage Strategy Plan including a storm water detention basin. An Assessment was carried out which concluded that the proposed development Page 30 of 110
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can be operated satisfactorily in terms of surface drainage and is compliant with the requirements of national policy and guidance. On this basis it is considered that the development should raise no flooding concerns and conditions are recommended to confirm the drainage proposals are installed in accordance with the plans and SUDS principles and that Scottish Water’s requirements for connection are met. The proposals are therefore considered to comply with the terms of SPG 09 and appropriate planning conditions can be applied in this respect. Environmental Considerations: Ground Conditions Coal Mining Risk, Noise Impact 8.12 The Coal Authority initially expressed substantive concern and formally objected to the proposal as it lies within a High Risk Area in terms of historical mine workings. A Coal Mining Risk Assessment (CMRA) was submitted, however the Coal Authority requested further commentary on certain issues. The Coal Authority has subsequently withdrawn its objection subject to the application of planning conditions relating to further investigation and identified remediation works. NLC Environmental Health (including Pollution Control) asked for some clarification of certain aspects of the Site Investigation and associated report carried out including that a United Kingdom Water Industry Research Assessment (UKWIR Assessment) should be submitted to and approved in writing by the Planning Authority and that further ground gas assessment is required. Pollution Control is satisfied that these issues can be satisfactorily dealt with through the imposition of appropriate conditions. Pollution Control is also satisfied with findings of the noise assessment air quality assessment. Pollution Control recommended that a noise attenuation fence be erected around the north eastern boundary of the site in order to protect the residential amenity of a vacant and dilapidated dwelling on the other side of Edinburgh Road, which the owner intends to renovate. This can be achieved through the submitted revised proposed layout plan and the imposition of the appropriate planning condition. Building Design, Site Layout, and Boundary Treatment 8.13 It is considered that the proposed building has been sensitively designed in terms of siting, massing and finishing materials and with the frontage of the building being reduced in height is considered that the proposed development does not raise any landscape and visual impact issues and as such, it is considered that the proposal complies with policies EDQ 1 and 3. Access and Effect on the Road Network 8.14 NLC Traffic & Transportation has advised that they are satisfied with visibility splay and footpath as illustrated on the revised layout plan. They have further advised that they agree with findings of the Transport Assessment that the site and road infrastructure can satisfactorily deal with proposal and its associated traffic generation. 8.15 Comment on Representations • Loss of Green Belt – It is considered for the reasons stated in paragraph 8.6 that the proposal will provide an enhanced managed wildlife woodland with biodiversity enhancements and provide a more robust Green Belt boundary. • Noise Pollution – This has been assessed and found to be satisfactory subject to the erection of an acoustic fence to deal with operational site noise and this matter can be conditioned. The impact of noise form additional traffic associated with the development was considered not to be at a level that would be readily noticeable to residents. NLC Environmental Health (including Pollution Control) were satisfied with the findings of the applicants report on noise arising from the development. • Traffic/Road Safety concerns – The submitted Transport Assessment and revised layout are considered to be acceptable by NLC Traffic and Transportation. The traffic levels associated with the proposed development have been assessed by NLC Traffic and Transportation in terms of impacts on local roads and junctions - both throughout the day and also at peak times (8:00am to 9:00 am and 17:00pm to 18:00 pm) and it has been concluded that the development can be accommodated. • Flooding issues in term of proposal potential impact on existing drainage infrastructure- The Flood Risk Assessment and Drainage strategy is considered to be acceptable. • Visual impact – This aspect is considered to be acceptable as the proposed building will be surrounded on the western and southern boundaries by the retained and enhanced woodland Page 31 of 110
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and is further buffered by the adjacent golf course. Impact on Edinburgh Road has been satisfactorily reduced by lowering the building height at this location. 9. Conclusions 9.1 On balance, it is considered that the proposal is considered to be a justifiable exception to Green Belt policy and compliant with criteria and the aims of the relevant policies in NPF4 and the North Lanarkshire Local Development Plan. This application is therefore recommended for approval subject to the imposition of appropriate planning conditions. Page 32 of 110
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Application No: 22/01463/PPP Proposed Development: Residential Development of 5 Dwellinghouses and Garages (In Principle) Site Address: Land To the North Of Drumpellier Avenue Drumpellier Coatbridge Date Registered: Applicant: Drumpellier Homes Ltd 10 Calderview Avenue Carnbroe Coatbridge ML5 4TQ Agent: Felsham Planning and Development 1 Western Terrace Edinburgh EH12 5QF Application Level: Local Application Contrary to Development Plan: No Ward: 07 Coatbridge North Kirsten Larson, Alexander McVey & Bill Shields, Allan Stubbs, Representations: 71 letters of representation received. Recommendation: Refuse Reasoned Justification: Residential development on this site is not supported by the aims of the National Planning Framework (NPF4) and Local Development Plan policy as the development of this site will result in the removal of this area of established amenity open space and which would have a significant detrimental impact on biodiversity and the established residential amenity of dwellings coterminous with the site boundary and on the wider housing area. In addition, the development would be served by a private road accessed by way of a non adopted section of road linking to Drumpellier Avenue which does not have suitable visibility splays to the right and these cannot be improved upon. Furthermore, it has not been demonstrated that an appropriately dimensioned private road could be accommodated within the application site at the same time as ensuring other key layout and design requirements can be met. Both these issues are to the detriment of road safety Page 33 of 110
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Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396. Planning Application: 22/01463/PPP Name (of applicant): Drumpellier Homes Ltd Site Address: Land To The North Of Drumpellier Avenue Drumpellier Coatbridge North Lanarkshire Development: Residential Development of 5 Dwellinghouses and Garages (In Principle) Page 34 of 110
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Recommendation: Refuse for the Following Reasons: - 1. The loss of this area of planned amenity open space within the General Urban Area through development would result in a significant detrimental impact on the established residential amenity of adjacent dwellings and the existing residential area, as such the development does not concur with Policy EDQ1 Protecting Residential Amenity of the North Lanarkshire Local Development Plan. 2. Development proposals will contribute to the erosion of rather than the enhancement of biodiversity, including strengthening nature networks and the connections between them as such does not protect biodiversity or strengthen nature networks. In this respect the proposal is not supported by NPF4 Policy 3 – Biodiversity. 3. Development proposals are not consistent with the six qualities of successful places as it has not been demonstrated that the development will be Healthy, Pleasant, Connected, Distinctive, Sustainable or adaptable. As such, the proposal is not supported by NPF4 Policy 14 – Design, Quality and Place or Local Development Plan Polices EDQ 1 Site Appraisal and EDQ 3 POLICY Quality of Development 4. The development will result in the loss of green infrastructure resulting in a deficit of planned and designed green infrastructure within the residential area. The application submission cannot therefore reasonably be held to concur with the stated policy intent or provide a justification to depart from with Policy on Blue and Green Infrastructure. As such, the proposal is not supported by NPF4 Policy 20 – Blue and Green Infrastructure 5. The proposed site has not been identified as having potential to accommodate new housing being a planned and established area of amenity open space area within an established residential area. The proposal does therefore do not accord with policy PROM LOC 1. 6. As an area of public amenity space forming part of the original residential design the loss resulting from the proposal therefore cannot be considered as having regard to the landscape and character of the area. The application is therefore not supported by Local Development Plan Polices EDQ 1 Site Appraisal and EDQ 3 POLICY Quality of Development. 7. The development would be served by a private road accessed by way of a non adopted section of road linking to Drumpellier Avenue which does not have suitable visibility splays to the right and these cannot be improved upon. This is further exacerbated by the narrow footway width to the rear of the existing properties and on street parking. Any increased usage of this junction represents a road safety issue. In addition, it has not been demonstrated that an appropriately dimensioned private road could be accommodated within the application site at the same time as ensuring other key layout and design requirements can be met, in particular the ability to comply with council’s standards on plot layout and garden ground dimensions. As such the proposal is contrary to Local Development Plan Policy EDQ 3 Quality of Development 8. That should planning permission be granted a precedent will be set for inappropriate development on established areas of amenity open space within the general urban area. Background Papers: Consultation Responses: NLC Roads memorandum received 30th June 2023 NLC Greenspace memorandum received 18th July 2023 The Coal Authority letter received 5th July 2023 Forestry Scotland e-mail received 2nd June 2023 Contact Information: Any person wishing to inspect these documents should contact Gordon Arthur at 01236 632500 Report Date: 4th August 2023 Page 35 of 110
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22/01463/PPP REPORT 1. Site Description 1.1 The site which is currently an established area of amenity space (0.25 Ha in area) lies within the Drumpellier area of Coatbridge which is predominantly residential in nature. The site is bounded on three sides by dwellings predominantly two storeys detached and semi-detached. A woodland area (part of a country park) lies to the north and is coterminous with the site northern boundary. An existing pedestrian pathway connection links Drumpellier Avenue to the site. The site is also connected to eastern edge of the woodland by a path running north connecting to the tow path of the Monklands canal. The site is an area of amenity open space which is characterised by maintained grass, tree planting and adjoining footpath links, serving the residents of the adjacent Drumpellier residential area. Site access is proposed by way of Drumpellier Avenue which is currently used to as a turning area terminating at the site southern boundary and provides access to this area of open space and pedestrian connections beyond. In terms of topography the site is relatively level forming part of the design of the established residential estate surrounding. 2. Proposed Development 2.1 The application is for a residential development in principle. The applicant has submitted an indicative layout demonstrating a potential 5 dwellings and detail of possible house types. 3. Applicant’s Supporting Information 3.1 Supporting information includes the following documents: • Design statement • Planning Statement • Tree Report • Coal Mining Risk Assessment • Preliminary Ecological Appraisal • Response to objections • Response to NLC Roads comments • Response to NLC comments in relation to the planning unit/link to adoptable road/control over access road 4. Site History 4.1 No significant recent planning history 5. Development Plan 5.1 The proposal is assessed in terms of the National Planning Framework (NPF4) as well as under the terms of the North Lanarkshire Local Development Plan which identifies the site as being amenity open space/green space within in the general urban area (PP 3 POLICY) Purpose of Place. 6. Consultations 6.1 The following comments were received from consultees: NLC Roads confirmed that the proposed access is taken off a non-adopted section of road linking to Drumpellier Avenue, as such the Council will not be in a position to adopt the new road within this development. A suitable visibility splay to the right does not exist nor can it be provided and this is exacerbated by a narrow footway to the rear of the existing properties and on street parking on this section of road. Any increased usage of this section of non adopted road represents a road safety issue. They also confirmed that the applicant has a responsibility to develop a drainage system fit for Page 36 of 110
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their development, including satisfying the conditions for Scottish Water and / or SEPA for surface water sewer or watercourse discharge respectively. In addition, surface water from private / non- adopted areas is not permitted to drain onto the adopted road or footway. Roads recommended that the application be deferred pending clarification on the achievability of the layout relating to road and footway width, how the proposed road will interface with the existing path which is out with the red line boundary of the site and plot arrangement and driveway alignment. Although the road would be a private road as outlined above, Roads recommended that the applicant consider following established design principles providing further comment on this in their memorandum. As this is a permission in principle application it is not therefore reasonable to defer the application on the basis of further detail which if the application were to be approved could be covered by planning conditions. The applicant has confirmed that they have control over the access road and have revised their site plan to show this edged in blue as required by legislation. The applicant has confirmed that links to the existing path network will be maintained (although not shown on the indicative layout provided) and this matter could be secured by planning condition if permission were to be approved. NLC Protective Services provided comment on site investigation requirements and comments relating to the construction process on noise, working hours, waste materials and dust and lighting control. It is recommended that should members be minded to approve the application a condition on site investigation and remediation should be imposed. NLC Green Space commented that Part of the site is designated under Nature Scots Ancient Woodland Inventory (AWI) as Long-Established woodland (of plantation origin). Trees within the wider woodland are designated by Tree Preservation Orders (TPO). Monklands Canal (west): Railway Bridge – Drumpellier a Site of Importance for Nature Conservation (SINC) lies approximately 56 meters to the north of the site. As such, they advise that Planning permission should only be granted for proposals potentially affecting TPOs if it can be demonstrated to the Council’s satisfaction that there will be no adverse impact or that any impacts can be mitigated in environmental terms relevant to the impact. Green space also direct to Scottish Government Policy on Control of Woodland Removal which states that it: • is strongly in favour of protecting woodland resources. • sets out the criteria for deciding if woodland removal is acceptable. • gives more detail on woodlands of high nature conservation value. • should be taken into account when preparing development plans and considering planning applications. They take the view that should the development be pursued; it will be necessary to ascertain whether it is possible to mitigate in environmental terms relevant to the impact. A Preliminary Ecological Appraisal (PEA) was undertaken on the site in July 2022. and Greenspace Development accepts the results of the survey report with regards to protected species. In considering trees and woodland impacted by the development Greenspace Development notes that a tree survey has been undertaken for the site which states that “much of the site is currently under the canopies of established trees or shrubs.” Within the tree report one of the trees was classified as category A (2982) trees with a high desirability for retention, nine were classified as category B trees with a moderate desirability for retention with a further 16 classified as category C tree with low desirability for retention. Greenspace Development comment that from the layout plan it would seem as if all trees within the development footprint are to be removed. Greenspace Development recommend that this is revised and the retention of any native category A and B tree is considered. The trees provide habitat for many different types of wildlife. Further comments were received relating to local development plan policy, biodiversity enhancements and artificial lighting (potential bat species). Should members be minded to approve planning permission a detailed tree plan can be submitted in response to a planning condition at the matters specified stage. Forestry Scotland comment that Scottish Government woodland removal policy states that, “Woodland removal should be kept to a minimum and where woodland is felled it should be replanted. Page 37 of 110
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The policy supports woodland removal only where it would achieve significant and clearly defined additional public benefits. In some cases, including those associated with development, a proposal for compensatory planting (CP) may form part of this balance.” Therefore, the applicant must give due consideration to the likely impact that the development may have on existing trees and woodland. Any area of woodland lost should be subject to a planning condition that will affect compensatory planting of an area at least equal to the area that is likely to be lost to the development. Therefore, any trees that are to be removed or which are likely to suffer irrecoverably due to damage to their roots, stem or limbs caused by development operations should be covered by the compensatory planning condition. In addition, the planning condition should state that any such compensatory planting proposal must be approved in advance by Scottish Forestry. Coal Authority considers that the content and conclusions of the Mining Stability Report Including Coal Mining Risk Assessment meet the requirements of the planning system in demonstrating that the application site is safe and stable for the proposed development. The Coal Authority therefore has no objection to the proposed development. 7. Representations 7.1 Following standard neighbour notification procedure and press advertisement 75 letters of representation were received (71 objections,3 supporting and 1 Neutral). Representation included all 3 ward Councillors. The objections can be summarised as follows: The Principal Objections The principal concerns expressed in residents and local members objections relate to Loss of Residential Amenity, loss of green space, loss of community facility, Loss of habitat, Impact on flora and fauna species and road safety. Comment: These points are discussed in relation to planning policy within the body of the report. The development does not comply with NPF4 or local development plan policies The application is entirely unacceptable in principle and does not comply with the prevailing national and local planning policy context. Residents have listed policies which they consider do not comply with Scottish Governments National Planning Framework 4 (NPF4) and Local Development Plan. Comment: The policy position is discussed in section 8 of the report. Planning procedure and ownership Residents advise that that the proposed access road is owned fully or in part by at least one resident. This makes it clear that the road was never meant to lead anywhere other than to the front door of no 90 and side door of no 88. It is effectively their parking area. The developer has no right to use this road for access to the land. Comment: The applicant has been advised of the proper planning procedure given that this section of access is not adopted by the Roads Authority. Although NLC Roads have made it clear that the road is not adopted the applicant still disagrees with this assertion. Nevertheless the applicant has confirmed that they have control over the access road and a revised application plan has been provided edging this in blue as required by national legislation. It is not for the Council to undertake detailed legal searches in terms of land ownership and it is for the applicant to certify the land ownership position. Having raised the matter with the applicant we are satisfied that we have complied with proper procedure. In addition, in terms of notification, the Council has notified all neighbours of the application and placed an advert in the local press. If it were to be the case that the applicant does not have the required control over the access road as is claimed it could be that they would not be in a position to undertake the proposed development. In this case given that we are not supportive of the development this is not considered to be a significant issue Page 38 of 110
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Design impact (transportation) On street Parking The development will exacerbate traffic congestion in the environs where there is limited on street parking. Comment: Transportation comments are discussed in section 6 of the report. Junction arrangement and local network In terms of transportation the proposal does not comply with these policy criteria. • A safe visibility splay cannot be achieved from the road into the site and Drumpellier Avenue, resulting in a road safety risk from an intensification of use. • Pedestrian access into and within the site is inadequate and will result in pedestrian and vehicle conflict. • The proposed internal access road at 3.8m wide is unsafe for pedestrians and insufficient to support access/egress to the dwellings. The visibility at the Drumpellier Avenue junction host's poor visibility for on coming vehicles, especially traffic travelling east towards number 88 (The opposite direction from the provided pictures in the design statement). The visibility cannot be improved at this road junction, and the objector sates that they do not want any accidents at their doorstep. Pavement size at the rear of the row on Drumpellier Avenue is approx. 700mm. At the proposed junction the pavement size, parked vehicles and rear garden fencing would be a disastrous combination for the safety of any pedestrians including small children, to which there are several and cyclists when increasing road traffic significantly as this proposal does. Local traffic network is at capacity. The development would result in increased Traffic Congestion, the proposed junction as it currently has poor visibility. Comment: Transportation comments are discussed in section 6 of the report. With regards to junction visibility it is agreed that this is substandard and cannot be improved upon and any increased usage of this non adopted section of road would represent a road safety issue Pollution impact I would ask that consideration be made to commitments set out by NLC in their published Air Quality Action Plan 2018-19, 'The implementation of the Air Quality Action Plan will enable the Service to mitigate against risk to public health caused by poor air quality levels, helping us to focus upon the prevention of health and wellbeing conditions prevalent in the environment'. Furthermore - 'We will ensure that air quality is appropriately considered in all relevant planning application decisions and policy at both strategic and local level to attempt to futureproof against future air quality issues. Comment: Protective services (pollution control) comments are discussed in section 6 of the report. In terms of air quality however, in referring to protective services guidance it is not reasonable to request an air quality impact assessment for a development of this scale at this location (not an air quality management area). Noise and disturbance Objectors are very concerned that the preparation of that land and then the construction of the property will be both an eye sore and a big disruption to us who live at the far end of Drumpellier, as well as the considerable impact lorries coming up and down the avenue will have. Comment: Protective services (pollution control) comments are discussed in section 6 of the report. However, construction noise is considered under the Control of Pollution Act 1974 which considers how work is carried out on construction sites to limit the noise impact on surrounding dwellings. Disturbance from construction activity is unavoidable but is a temporary situation which of itself does not justify refusing planning permission. Page 39 of 110
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Planning History Objectors advise that when built in the 1970s by Weir Construction, the adjacent housing on Drumpellier Avenue was orientated towards this piece of land and the land allocated as amenity on deeds and plans at the time, indicating that this and similar pieces of land around the development were not meant to be built on. The applicant states that the site “is private ground and does not form an open space to aid the amenity of the existing residential area”, that it “is not shown on the Proposal Map as a community facility” and that it is “privately maintained and it cannot be viewed as a public or community asset”. The applicant therefore contends that development of the site can take place without any adverse impacts on the amenity of the area. These lines of argument were also pursued as part of the applicant’s justification of planning appeal ref. PPA-320-2152, with the Reporter finding that they were not sufficient reasons to diminish its amenity value. It is relevant that the applicant in this case recently had planning permission refused at appeal (ref.PPA-320-2152) for the development of 8 dwellings on a similar nearby area of amenity ground at Davaar Drive. The determining factors in that appeal are material to this application and address a number of fundamental assertions which underpin the proposal. In particular, the Reporter in that case ruled that: ● Private ownership of the land and lack of maintenance does not alter that sites value as amenity space used and valued by the local community. ● It is likely that the site was set aside as amenity space when the housing was developed. ● The road junctions were not designed as a future access to a later phase of development. ● The absence of a site allocation in the LDP is not a determining factor in establishing the use of the land (and that most small amenity spaces within residential areas are not given a specific allocations). The Reporter dealing with appeal ref. PPA-320-2152 concluded that it should be refused as a result of its adverse effects on “residential amenity arising from the development of this area of amenity space and the associated road and pedestrian safety concerns”. The conclusions reached in this appeal are equally applicable to the proposal is at Drumpellier Avenue also. This area, along with the land in front of Golfview Drive (which was decimated and now lies in a state of neglect at the hands of this developer) are the two spots most used and enjoyed by residents. Comment: This is discussed in the report, other material considerations Design impact planning policy Objectors advise that planning proposals need to demonstrate that an appraisal has been carried out of the existing character and features of the site and its setting - including ground stability and contamination, identity, connections, landscape, biodiversity, heritage or amenity value'. This does not seem to be the case with this proposal where the amenity value is so entrenched in our community and the landscaping was part of the original design of the Weir development. The proposal would be overdevelopment of area with overlooking for both current homes and new builds resulting in a lack of privacy for existing houses and proposed new builds. The proposed housing arrangement in keeps with the surrounding housing arrangement as all the houses on my row would have busy roads on both sides. There are not any homes in Drumpellier which have busy roads on both sides. Properties were built “the wrong way round” for owners to enjoy the view of the woodland beyond the grassy. orientation of public elevation. The proposed layout does not meet NLC Open Space Guidelines; the proposed development is crammed into a small area and the proposed car parking does not comply with the guidelines. The plans show the trees to the west side of the land being retained (private ground) while the computer-generated imagery (CGI) shows them removed. The proposal makes no provision for any improvements to green network locally, and indeed the removal of the valued open green space will diminish an area which already contributes significantly to the quality of this neighbourhood in Drumpellier. There is a safety issue for residents looking on to the plot. One objector advises that their parents live in this area, and they have a road directly to the rear of their property. To build another road directly in front of their house is dangerous. You will notice all the gardens on that row have open gardens because it gives a safe area for children to play. Page 40 of 110
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Comment: While the foregoing comments relate to a constrained site, it should be bourne in mind that it is planning permission in principle that is being sought. That said, comments made are reasonable on the basis of the current indicative layout submitted. Comments on the Applicants Supporting Information Objectors advise that this land is a narrow area of natural beauty adjoining the larger woodland area of Drumpellier Country Park and the Seven Lochs Wetland. The tree report (commissioned by the developer) describes the land in bold print as ‘low landscape value’, ‘moderate amenity value’ and ‘low conservation value’. The other local area which had similar plans to build upon was denied as far up as the Scottish government and since the last plans were rejected the land has been left to ruin by this proposed builder. The applicant’s planning statement refers to an attempt to ‘gift’ the land at Davaar Drive back to the community. This is land where the applicant removed 19 trees and illegally fenced off before any planning application had been submitted. There is reference to consultation ongoing regarding this attempt, which to the best of my knowledge is untrue given the fact that residents directly affected have intimated no intention to accept such an offer. In any event this offer is not a material consideration to the current application and should be completely disregarded as part of the application. The offer to gift the previous application site to the community should not be considered a material consideration in assessing this application, and I would reject the contention that there is in principle support from this within the local community and elected members. Comment: The gifting of an existing area of open space located close to the application site to the ‘community’ as an offer of community benefit should planning permission be granted for the development is not considered to be appropriate given that the council is not supportive of the principle of developing this site. In any event no further details have been provided and it is unclear how this could be delivered even if the local residents were to be supportive of this which they are clearly not. Furthermore this land is already open space albeit privately owned Loss of community asset (Mental Health) One objector advises that in a post Covid world, we now all recognise and understand the importance of spaces like this one and the benefit they have to our mental health. The Scottish Government runs an add campaign that's all about the mental health benefits of spending time outdoors in nature and getting fresh air. Proposals such as this development would only reduce people’s ability to do so locally, especially as, as I mentioned above, the other well used local amenity green space has been left in a very undesirable state. Comment: Whilst agreeing that the proposal would have an adverse impact on residential amenity of adjacent residents and the wider area in general given the scale of the development it is not considered reasonable to request an assessment on the likely significant effects of the proposed development human health Miscellaneous The assertion by North Lanarkshire Council that the trees are ‘not worthy of a tree protection order’ is not backed up by evidence of any report available to the public, especially the residents of Drumpellier. Comment: Section 160 (1) of the 1997 Act gives planning authorities powers to make Tree preservation orders TPOs. The submission and determination procedure relating planning applications is set out in The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013. It is therefore not appropriate to consider the introduction or submission of a tree preservation order in the context of a planning application where that application for a TPO to be promoted has been refused. The proposed development will serve primarily to generate profit for the developers rather than contribute positively to our community. The proposals for five two story dwellings will contribute to the overdevelopment of our area and will do little to address the need for affordable homes in Coatbridge. Page 41 of 110
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I believe that planning applications should seek to encourage development of affordable, starter and social housing in our town, rather than to develop further luxury developments, which are increasingly pricing local people out of the property market. Comment: The planning Service concurs with the view of encouraging the development of affordable homes and in doing so the Local Development Plan has a planning policy supporting this. However, this policy does not apply to the ward where the site is located. The planning application implies that ‘there is in principle support’ for the transfer of land in Davaar Drive to the community in exchange for this application to go ahead after ‘discussions have been had with representatives of the local community.’ We in the community are unaware as to who these representatives are, and I would like this vague reference to be clarified. In addition, and crucially, the Davaar Drive planning application should bear no influence whatsoever on the current planning application. Comment: The planning service requested clarification on the nature of the discussions with the local community, however, the applicant’s agent declined to comment further on the matter. The gifting of an existing area of open space located close to the application site to the ‘community’ as an offer of community benefit should planning permission be granted for the development is not considered to be appropriate given that the council is not supportive of the principle of developing this site. In any event no further details have been provided and it is unclear how this could be delivered even if the local residents were to be supportive of this which they are clearly not. Connectivity to wider area One objector advises that from their own property, there is a tree lined avenue that turns right as it approaches the Canal and goes towards Drumpellier Farm Estate. This was the old and historic path used by the Buchanan family and estate, between their house at the now Golf Club, and Drumpellier Farm for the produce so it has historic value, and the entire area is used as a “special“ area of history, open space, and Amenity. Any development will erode the amount of land in this area and especially as it sits between my own land to the east, Canal, to the North, and Drumpellier Bridge and Farm to the West. Comment: The site itself has no historic designation, however, it is recognised that there is a footpath connection from the site to the woodland and on to the tow path of the Monklands canal (scheduled monument) which dependent on the final design should members be minded to approve in principal may be lost. Thereby disconnecting this community facility from the wider community benefit of woodland and canal walks. The applicant has confirmed that this link would be retained (despite not showing this on their indicative layout plan) and this could be secured by planning condition if permission were to be approved. Infrastructure Drainage Sustainable Urban Drainage SUDS pond - minimal information on this has been provided but have major reservations that it would be kept in good standards given the lack of care of the ground already owned by the developer in Drumpellier. (Grass cutting by residents, as the long grass was posing a fire risk in the very hot dry recent weather) I expect this could be very dangerous for children and vermin encouraging. Comment: Sustainable Urban Drainage is accepted practice in Scotland where appropriate and further detail will be requested at matters specified stage should members be minded to approve this application. That said, NLC Roads have confirmed that the applicant has a responsibility to develop a drainage system fit for their development, including satisfying the conditions for Scottish Water and / or SEPA for surface water sewer or watercourse discharge respectively. In addition, surface water from private / non-adopted areas is not permitted to drain onto the adopted road or footway. Page 42 of 110
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Education This proposal will over develop the local area and add to the problems presented to the local primary school Langloan Primary and local nurseries. Local schools are at capacity due to the constant increase of new builds. Comment: The proposal (5 dwellings in principle) does not make the threshold in consulting NLC Education set to address Education capacity in North Lanarkshire. Support comments One supporter advised that they are friends with a number of people in Drumpellier, they are of the opinion that the offer of the land overlooking the golf course would be a real benefit to the community. They believe that it would be an opportunity to make it a much more usable space as currently they have no rights to maintain or improved the land. The land at Drumpellier avenue where they propose to build is overgrown and enclosed, and given that it is privately owned could never be improved. Having seen the leaflet that was distributed, two houses had already been build and there's a road to the site I'm amazed it hasn't been developed before. The area at Davaar drive that will be gifted to the community as part of the development will be of much more use to locals and will be cut back dressed up and maintained by the developer and put back into much more usable amenity space for all locals to use. Once redressed into more usable space this larger green space can be used by more people and families and maintained by the community without any risk of any other development taking place. Comment: The Planning Service requested clarification on the nature of the discussions with the local community, however, the applicant’s agent declined to comment further on the matter. The gifting of an existing area of open space located close to the application site to the ‘community’ as an offer of community benefit should planning permission be granted for the development is not considered to be appropriate given that the council is not supportive of the principle of developing this site. In any event no further details have been provided and it is unclear how this could be delivered even if the local residents were to be supportive of this which they are clearly not. It is also noted that the land concerned is already open space albeit privately owned There will still be a lots of amenity space surrounding this area if the development is approved. The area is mostly used as a short cut for walks and of little amenity space as it's overgrown and not well maintained. Comment: It is important to consider how accessible is this amenity open space. Representation from residents’ evidence that the site itself is well used and valued for community activity. Perhaps more importantly it is recognised that there is a footpath connection from the site to the woodland and on to the tow path of the Monklands canal which dependent on the final design should members be minded to approve in principle may be lost. Thereby disconnecting this community facility from the wider community benefit of woodland and canal walks and open space. Supporting comments advise that the area has had an access road built to it by the original developer and there are two large houses at the far end of the site that have had approval to be built so NLC have set a precedence that development of these areas can be approved. Comment: NLC Roads, comment that the access Road is not built to adoptable standard and the lack of appropriate visibility to the right is a road safety issue. While it is acknowledged that two dwellings were built off Drumpellier Drive (to the rear of the property known as Ryfield Park) it should also be recognised that over 30 years has elapsed since then and planning policy has evolved to the point that such a development in the present-day context may not be supported. Every planning application should therefore be assessed on its contemporary merits. Supporters advise that animals and wildlife that move around this area will still move around freely as they do wandering and flying around the entirety of the Drumpellier golf club cricket club and surrounding country parks and woodland space. Comment: It is the case that loss of habitat displaces species; however, planning policy seeks to prevent the erosion and displacement of species where there is a requirement and opportunity to do so. Page 43 of 110
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Supporters advise that the land is overgrown and no longer maintained (did notice the grass was cut recently). Never noticed anyone playing or walking on the site. Also whilst they can appreciate if you live next to the site you may not want to see it developed, but I believe many people in the local community would like to see the land at Golfview return to a space that could be more useful. Comment: Comments on the use and maintenance of the land have been evidenced by objectors. The mechanism for this land exchange has not been evidenced so does not form part of the planning assessment. Neutral comments: Subject to gaining planning permission Drumpellier Homes will. 1. Tidy the site 2. Cut the grass and treat weeds in preparation for handover to the community 3. Plant several trees and shrubs to replace those lost due to development at Drumpellier Ave 4. Change the title to the land to prevent any future development 5. Pass ownership of the land to the Local Community Trust or NLC 6. Provide funding to maintain the land for the first year 8. Planning Assessment • Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, Planning Authorities are required that in determining planning application proposals, where regard is to be had to the Development Plan, determination should be in accordance with this Plan unless material considerations indicate otherwise. In this instance the proposal is assessed in terms of the National Planning Framework (NPF4) as well as under the terms of the North Lanarkshire Local Development Plan and any other material considerations. • The National Planning Policies are intended to provide a policy direction when determining all development requiring planning consent. National Planning Framework NPF4 is a component of the Development Plan system and in accordance with Section 25 (1) of the Town and Country Planning (Scotland) Act 1997 as amended and with the Local Development Plan forms part of the assessment process. • The considered National Planning Framework (NPF4) policies are as follows: Policy 3 – Biodiversity a) Development proposals will contribute to the enhancement of biodiversity, including where relevant, restoring degraded habitats and building and strengthening nature networks and the connections between them. Proposals should also integrate nature-based solutions, where possible. b) Development proposals for national or major development, or for development that requires an Environmental Impact Assessment will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention. This will include future management. To inform this, best practice assessment methods should be used. Proposals within these categories will demonstrate how they have met all of the following criteria: i. The proposal is based on an understanding of the existing characteristics of the site and its local, regional and national ecological context prior to development, including the presence of any irreplaceable habitats. ii. Wherever feasible, nature-based solutions have been integrated and made best use of; iii. An assessment of potential negative effects which should be fully mitigated in line with the mitigation hierarchy prior to identifying enhancements. Page 44 of 110
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iv. Significant biodiversity enhancements are provided, in addition to any proposed mitigation. This should include nature networks, linking to and strengthening habitat connectivity within and beyond the development, secured within a reasonable timescale and with reasonable certainty. Management arrangements for their long-term retention and monitoring should be included, wherever appropriate; and v. Local community benefits of the biodiversity and/or nature networks have been considered. c) Proposals for local development will include appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance. Measures should be proportionate to the nature and scale of development. Applications for individual householder development, or which fall within scope of (b) above, are excluded from this requirement. d) Any potential adverse impacts, including cumulative impacts, of development proposals on biodiversity, nature networks and the natural environment will be minimised through careful planning and design. This will take into account the need to reverse biodiversity loss, safeguard the ecosystem services that the natural environment provides, and build resilience by enhancing nature networks and maximising the potential for restoration. Policy Intent: To protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. Comment: The removal of established trees adjacent to the wider woodland which is designated by Tree Preservation Orders (TPO). Monklands Canal (west): Railway Bridge – Drumpellier a Site of Importance for Nature Conservation (SINC) lies approximately 56 meters to the north of the site. Planning permission will only be granted for proposals potentially affecting TPOs if it can be demonstrated to the Council’s satisfaction that there will be no adverse impact or that any impacts can be mitigated in environmental terms relevant to the impact. The applicants tree survey states that much of the site is currently under the canopies of established trees or shrubs. It is considered that the development will significantly erode the protection for biodiversity at this location with extremely limited potential for its re-establishment given the constrained nature of the site. The planning support statement refers to an offset benefit to be addressed later given that the application is in principle however it is not clear given the constrained nature of the site notwithstanding the drawings submitted being indicative how compensation for the loss of the existing biodiversity will be achieved. Local community benefits of the biodiversity and/or nature networks have been evidenced by residents’ comments in this case notwithstanding the scale off the development. Greenspace Development note that from the indicative layout plan all trees within the development footprint are to be removed. Greenspace Development recommend that this is revised and the retention of any native category A and B tree is considered. Commenting that the trees provide habitat for many different types of wildlife. In terms of opportunity for biodiversity enhancements Green Space Development comment that NPF4 states that planning, and development will help to achieve a net zero, sustainable Scotland by 2045. This includes securing positive effects for biodiversity. Furthermore, NatureScots guidance on Developing with Nature refers to the inclusion of “appropriate measures” not only to mitigate and compensate for the loss of biodiversity but also to enhance biodiversity. The application submission leaves limited scope for the development of five dwellings while also enhancing or contributing to current levels of biodiversity and therefore cannot reasonably be held to concur with the stated policy intent with no justification demonstrating support relating to this Policy on biodiversity. Page 45 of 110
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Policy 6 – Forestry, Woodland and Trees a) Development proposals that enhance, expand and improve woodland and tree cover will be supported. b) Development proposals will not be supported where they will result in: i. Any loss of ancient woodlands, ancient and veteran trees, or adverse impact on their ecological condition; ii. Adverse impacts on native woodlands, hedgerows and individual trees of high biodiversity value, or identified for protection in the Forestry and Woodland Strategy; iii. Fragmenting or severing woodland habitats, unless appropriate mitigation measures are identified and implemented in line with the mitigation hierarchy; iv. Conflict with Restocking Direction, Remedial Notice or Registered Notice to Comply issued by Scottish Forestry. 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. Policy Intent: To protect and expand forests, woodland and trees. Comment: In considering this policy there is no clearly defined public benefit to the removal of trees within the site. The opposite has been evidenced by a substantial level local objections citing the ongoing benefits of retaining the status quo. Given the constrained nature of the site, indicative proposed garden ground, which does not achieve the council’s minimum standard, provides limited opportunity for compensatory tree planting with the development excluding the use of the site as a public open space the only opportunity for compensatory planting is within future residents garden ground with the potential future loss of compensatory planting over time should new residents wishing to improve sunlight daylight to their deficient garden ground removing trees, legitimately, from their property. The woods have been logged on the Ancient Woodland Inventory in Scotland - as – “Long Established Woodland (of plantation in origin)” and a “Core Native Woodland” with the application site being highlighted as the “Primary Zone” to the Core Woodland2. The development will be coterminous this ancient woodland giving rise to potential erosion of this woodland and associated habitat. The application submission cannot reasonably be held to concur with the stated policy intent or provide a justification to depart from with Policy on Forestry, Woodland and Trees. LIVEABLE PLACES Policy 14 – Design, Quality and Place a) Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. b) Development proposals will be supported where they are consistent with the six qualities of successful places: • Healthy: Supporting the prioritisation of women’s safety and improving physical and mental health. • Pleasant: Supporting attractive natural and built spaces. • Connected: Supporting well connected networks that make moving around easy and reduce car dependency Page 46 of 110
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• Distinctive: Supporting attention to detail of local architectural styles and natural landscapes to be interpreted, literally or creatively, into designs to reinforce identity. • Sustainable: Supporting the efficient use of resources that will allow people to live, play, work and stay in their area, ensuring climate resilience, and integrating nature positive, biodiversity solutions. • Adaptable: Supporting commitment to investing in the long-term value of buildings, streets and spaces by allowing for flexibility so that they can be changed quickly to accommodate different uses as well as maintained over time. Further details on delivering the six qualities of successful places are set out in Annex D of the policy document. c) Development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places, will not be supported. Policy intent – promote appropriate design within new development whist respecting the amenity of the surrounding area. Notwithstanding the scale of the proposed development this policy requires that development improves the quality of an area. It is considered that the loss of an existing attractive open space (element of original residential layout) will be lost to the proposed development resulting in a significant loss of long-established residential amenity for adjacent residents and recreational users of this place. The proposal will therefore result in a significant loss of residential amenity to dwellings adjacent to the site. The application submission cannot reasonably be held to concur with the stated policy intent or provide a justification to depart from with Policy on Design, Quality and Place. This is discussed in further detail under Local Development Plan Policy EDQ 3 POLICY Quality of Development below. Policy 20 – Blue and Green Infrastructure a. Development proposals that result in fragmentation or net loss of existing blue and green infrastructure will only be supported where it can be demonstrated that the proposal would not result in or exacerbate a deficit in blue or green infrastructure provision, and the overall integrity of the network will be maintained. The planning authority’s Open Space Strategy should inform this. b. Development proposals for or incorporating new or enhanced blue and/or green infrastructure will be supported. Where appropriate, this will be an integral element of the design that responds to local circumstances. Design will take account of existing provision, new requirements and network connections (identified in relevant strategies such as the Open Space Strategies) to ensure the proposed blue and/or green infrastructure is of an appropriate type(s), quantity, quality and accessibility and is designed to be multi-functional and well- integrated into the overall proposals. c. Development proposals in regional and country parks will only be supported where they are compatible with the uses, natural habitats, and character of the park. d. Development proposals for temporary open space or green space on unused or under-used land will be supported. e. Development proposals that include new or enhanced blue and/or green infrastructure will provide effective management and maintenance plans covering the funding arrangements for their long-term delivery and upkeep, and the party or parties responsible for these. Policy Intent: - seeking to promote, enhance and preserve the elements of blue green infrastructure that are present throughout both the urban and rural environments. The development will result in the loss of green infrastructure resulting in a deficit of planned and designed green infrastructure within the residential area at a location impacting on ancient Page 47 of 110
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woodland. The application submission cannot reasonably be held to concur with the stated policy intent or provide a justification to depart from with Policy on Blue and Green Infrastructure. 8.4 North Lanarkshire Local Development Plan PROM LOC1 POLICY Regeneration Priorities 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. Any development proposals will require to consider 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. The site lies within the designated General Urban Area and is not covered by the policy direction PROM LOC3 Housing Development Sites, which identifies the housing sites within the plan area that can accommodate new residential development. The regeneration priorities seek to provide a land use pattern within North Lanarkshire which aligns with the Councils regeneration priorities whilst respecting the environments and promoting sustainable development. The proposed site has not been identified as having potential to accommodate new housing being an amenity open space area within an established residential area. The proposal does therefore do not accord with policy PROM LOC 1. General Urban Area: PP 3 POLICY Purpose of Place 8.5 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. 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. Environmental and Design Qualities EDQ (EDQ1 &3) 8.6 EDQ 1 POLICY Site Appraisal 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 listed criteria in the Local Development Plan. 8.7 While the application seeks approval in principle the indicative plan submitted supports the argument that the constraints of the site cannot achieve any acceptable layout without harming existing residential amenity. Access arrangements and manoeuvring arrangements for service and private vehicles result in plot sizes failing to meet current adopted standards forcing plots to be orientated towards the existing public elevation of adjacent dwellings creating tension between the excepted design of the existing estate arrangement and that proposed. As an area Page 48 of 110
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of public amenity space built into the original design the loss resulting from the proposal therefore cannot be considered as having regard to the landscape and character of the area. The application is overall is not supported by Policy EDQ1. 8.8 EDQ 3 POLICY Quality of Development 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. Bearing in mind that the application is in principle the following observations under headings below are considered relevant. 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 should members be minded to approve the application. That said NLC Roads confirm that the applicant has a responsibility to develop a drainage system fit for their development, including satisfying the conditions for Scottish Water and / or SEPA for surface water sewer or watercourse discharge respectively. In addition, surface water from private / non-adopted areas is not permitted to drain onto the adopted road or footway. Clarification on the achievability of how the proposed road will interface with the existing drainage network which is out with the red line boundary of the site. Geo-environmental The applicant has not submitted supporting information on geo-environmental site conditions. As such, NLC Protective services following consultation recommend that before the commencement of development, should members be minded to approve the application, a site investigation should be submitted in order to satisfy that appropriate mitigation is considered should ground contamination be identified. It is recommended that this should be the subject of a planning condition in the event of members approving the application. 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. A Coal Mining risk assessment was submitted and following consultation with the Coal Authority confirmed that it had no objection to the proposed development. Ecology A preliminary ecological appraisal report was submitted which followed surveys based on standard methodology as published by the Institute of Ecology and Environmental Management (IEEM), 2018. The surveys aimed to assess the ecological value of the site and record any protected habitats or species. The purpose of the assessments was to document the baseline ecological conditions of the site. The potential of the site for protected species or habitats of conservation interest that would require further survey on the basis they might comprise an ecological constraint to the proposed development was undertaken using standard. The report noted that the habitat within the small site survey area within the construction footprint is predominantly urban grass, shrubs and semi-mature trees. This has limited potential to support protected species and species of conservation concern. No suitable habitat is present for bats, badger, water vole, otters or great crested newts. No signs of any protected species were recorded. Page 49 of 110
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It is the report authors professional opinion the proposed development would have no adverse impact on any protected species or habitats and that no further survey work is required. Greenspace Development accepts the results of the survey report with regards to protected species. However, Greenspace development go beyond commenting on the submitted PEA commenting with respect to local development plan policy EDQ1 and indicate that the 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: 1. Green Network, landscape character and quality on the site and surrounding Land Use Character Area 2. biodiversity of plants and animals on the site and surrounding Land Use Character Area Furthermore in referring to EDQ 3 - To achieve high standards of site planning and sustainable design and to allow consideration of the proposal, Planning Applications will require to take account of advice on creating Successful Places which can be found in: Guidance from NatureScot and SPG 20 Biodiversity. If the development is to proceed, Greenspace Development strongly recommends that biodiversity enhancements are incorporated within the development. This should be in the form of: • A tree retention and maintenance plan with the inclusion of native tree planting. • Native species hedgerow inclusion. Consisting mostly of hawthorn, with a mix of hazel, holly, dog rose, willow and elder. • Inclusion of bird and bat boxes within the development. Greenspace Development encourages the fitting of Swift bricks into buildings. This will provide potential nesting opportunities for Swift, a priority North Lanarkshire Biodiversity Action Plan Species. • Encourage the use of native nectar rich species and food plant for caterpillars in landscaping. This will benefit butterflies, moths and other insects. Inclusive of comments in paragraph 8.7 (EDQ 1 POLICY Site Appraisal) Considerations under policy EDQ 3 POLICY Quality of Development are measured against the following: b Providing a safe, pleasant, inclusive, convenient and welcoming development. The applicant has set out in indicative drawing on how this is to be achieved. NLC Roads however comment that the proposed access is taken off a non-adopted section of road (with inappropriate visibility spays that cannot be improved upon) linking to Drumpellier Avenue, as such the Council will not be in a position to adopt the new road within this development. That said, the applicant should consider the design principles set out in Roads comments. In doing so, the constrained `nature of the site dimensions shown on the indicative plan makes minimum recommended road width, footway and verge arrangement, footway connections, turning facility and plot arrangement unachievable. This fact and the substandard visibility splay at the junction with Drumpellier Avenue means that the proposal cannot be said to comply with part (b) of this policy. 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 should be able to provide a variety of means to limit CO2 emissions in line with the current building regulations. 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. The scale of the proposed development will not give rise to any significant pollution impact requiring mitigation. Page 50 of 110
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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. The application fails to comply with section g of the policy given that it will result in the removal of an established designed open space and green network link. h Existing features of Green Network, protected under the terms of the Protect Assets Policies are discussed below. 8.9 In respect to more technical assessment points, should members be minded to approve planning permission in principle, it must be accepted that, given the constrained nature of the site, while appropriate design could be achieved in terms of height, massing and materials, the indicative layout demonstrates that in terms of amenity garden ground, road width, pedestrian and manoeuvring layout arrangements to the Council’s standards could not be achieved. The development proposal has therefore not demonstrated an arrangement capable of providing a safe, pleasant, inclusive, convenient and welcoming development given the constrained nature of the site dimensions is unlikely to do so. Detailed consideration with regards to the movement arrangements NLC Roads comments confirm that there is no scope to achieve an adoptable standard road with the required visibility splays which would be required to serve a potential additional 5 dwellings. As such the proposed development cannot meet the adopted standards and is therefore contrary to Policy EDQ3 quality of development. 8.9 In conclusion this application seeks permission in principle only, with the design, layout, position and height of buildings and landscaping would be assessed in any subsequent matters specified in conditions application should members be minded to approve the application. That said, the current indicative layout of 5 dwellings however is not supported by policies covering design layout. In principle, it is considered that development of this designed amenity open space has the potential to result in significant detrimental impact in terms of a significant erosion of established residential amenity to the detriment of existing residents adjacent to the proposed development site. Therefore, on balance, the proposals are not considered to comply with policy EDQ3 or accord with NPF 4 policies listed above, on the grounds that the removal of an existing area of designed public open space and green network link will be lost to the development resulting in a significant loss of established residential amenity and green infrastructure. Consequentially, the proposal does therefore do not accord with policy PROM LOC 1 as the proposed site has not been identified as having potential to accommodate new housing as an established area of amenity open space area within an established residential area. PROT PROTECTING ASSETS PROT A POLICY Natural Environment and Green Network Assets North Lanarkshire Council will protect natural and resilient sustainable places by safeguarding natural heritage assets. When considering future development affecting the natural environment and the specific Green Network Assets identified in this Policy, the Council will seek guidance where appropriate from NatureScot. NatureScot has produced a variety of policy and guidance documents for aspects of the natural environment which the Council will utilise and will expect developers to consider in preparing proposals. Site categories identified in this Policy are locations protected for their importance for species or habitats, or other environmental value. Category A2 (National) Ancient Woodland Development that affects a Site of Special Scientific Interest will only be permitted where an appraisal has demonstrated: the objectives of the designated area and the overall integrity of the area would not be compromised; or any significant adverse effects on the qualities for which the area has been designated are clearly outweighed by social or economic benefits of national importance. No sufficient appraisal on this has been submitted. 9. Other Material Considerations: 9.1 The applicant has provided a summary response to representation received he states that there are 57 objections (as stated on the NLC portal) to this application. The objections raise some issues that are not planning grounds for objection to a planning application and Page 51 of 110
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some which do raise valid grounds for objecting to a planning application. However, we have examined the issues and points raised and believe that the application submission has addressed all the valid planning issues mentioned or that they are not a reason for refusal in relation to this application, albeit they are a generally valid planning argument in some cases. There are 3 supporters of the application. In our assessment of the issues raised there are no reasons for refusal of this application based on the objections submitted that mitigation or details provided in an Approval of Reserved Matters Application cannot resolve. Comment: For the reasons given above we do not share the applicant’s view of the proposed development and consider that a refusal of planning permission in principle is justified. 9.2 The applicant has submitted supporting information setting out his position on planning procedure in defining the access and planning unit. Supporting information has submitted including a revised drawing in order to demonstrate that the applicant has control of the access in order to facilitate the development. Comment: The applicant has been advised of the proper planning procedure given that this section of access is not adopted by the Roads Authority. Although NLC Roads have made it clear that the road is not adopted the applicant still disagrees with this assertion. Nevertheless, the applicant has confirmed that they have control over the access road and a revised application plan has been provided edging this in blue as required by national legislation. It is not for the Council to undertake detailed legal searches in terms of land ownership and it is for the applicant to certify the land ownership position. Having raised the matter with the applicant we are satisfied that we have complied with proper procedure. In addition, in terms of notification, the Council has notified all neighbours of the application and placed an advert in the local press. If it were to be the case that the applicant does not have the required control over the access road as is claimed, it could be that they would not be in a position to undertake the proposed development. In this case given that we are not supportive of the development this is not considered to be a significant issue 9.3 The applicant responded to NLC Roads consultation advising that the stub road appears to have been relatively recently resurfaced and has council installed LED street lighting which concurs with the understanding that the road is maintained as an adopted road. The title deeds for 90 Drumpellier Avenue indicate the council intention to adopt the roadway and drainage. Comment: As indicated above NLC Roads have confirmed that the access is not adopted, as per the list of public Roads. NLC Roads advise that the portal does state that the centre line data should be viewed in conjunction with the list of Public Roads which is the more accurate record in determining Roads adoption status. The more contemporary and accurate record based on the list of Public Roads was forwarded for the applicant’s information. 9.4 This application merits comparison being a similar application on an area of public open space as part of the original design of this residential area. It lies approximately 200 metres from this site which also formed as part of the designed layout for the original development. This was considered by planning application 21/00623/PPP which was refused planning permission and subsequently dismissed on appeal reference PPA-320-2152. The Reporter commented on the development’s orientation and the importance of an area of landscaped amenity space, its significant contribution to established setting and links to landscape beyond the site. All factors in this assessment. The reporter concluded that notwithstanding some evidence of a housing land supply shortfall, when balanced against the adverse effects on residential amenity arising from the development the preservation of this area of amenity space was an overriding matter. This assertion gains additional weight when it is considered that the North Lanarkshire Local Development Plan was adopted 6th July 2022 making current housing land supplies up to date. This argument has been superseded by the introduction of policy PROM LOC1 POLICY Regeneration Priorities set out in paragraph 8.4 of this report as well as the introduction of National Planning Framework 4. For members information I have set out verbatim extracts from the appeal decision below. 16. However I find the Golfview Drive houses were designed and orientated to have an outlook over, and to contribute to, the appearance of an area of landscaped amenity space. Even in its current condition (where maintenance has been withdrawn) this amenity space still Page 52 of 110
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contributes significantly to this established setting, provides a link to the countryside and golf course beyond and consequently contributes to the residential amenity of this part of Drumpellier. The indicative layout may retain pedestrian access through the site and landscaped embankments on the eastern edge however I do not find this to be sufficient to protect the setting and amenity of the area. I therefore find the proposals would conflict with policy HCD1A (Residential amenity Policy). 44. Although there is policy support for housing in residential areas and some evidence of a shortfall in the current housing land supply, I find the adverse effects on residential amenity arising from the development of this area of amenity space and the associated road and pedestrian safety concerns are over-riding matters. I therefore conclude, for the reasons set out above, that the proposed development does not accord overall with the relevant provisions of the development plan and that there are no material considerations which would still justify granting planning permission. I have considered all the other matters raised, but there are none which would lead me to alter my conclusions. 9.5 The applicant’s supporting statement provides comments that the site is identified as “white land” this is a repeat of the argument used in the above appeal. The appeal decision by the report clarifies that the term “white land” is not an applicable term to apply to amenity space in the context of the Local Development Plan. 9.6 The applicant confirmed that information sourced on the extent of the adopted road accessing the development from the council’s web site, something that the Council subsequently confirmed was incorrect. The planning service subsequently brought this to the applicant’s attention and advised how this position may be remedied in planning terms. Procedurally it is relatively straightforward to amend the planning unit to include this section of unadopted road to include it where it meets the publicly adopted Road, in this case Drumpellier Avenue. Defining the planning unit is an established planning concept illustrated by containment of what is being considered for approval within the red line boundary on the submitted drawings. Having brough this matter to their attention the applicant has confirmed that they have control over the access road and a revised application plan has been provided edging this in blue as required by national legislation. It is not for the Council to undertake detailed legal searches in terms of land ownership and it is for the applicant to certify the land ownership position. Having raised the matter with the applicant we are satisfied that we have complied with proper procedure. In addition, in terms of notification, the Council has notified all neighbours of the application and placed an advert in the local press. If it were to be the case that the applicant does not have the required control over the access road as is claimed, it could be that they would not be in a position to undertake the proposed development. In this case given that we are not supportive of the development this is not considered to be a significant issue 9.7 The applicant’s supporting information states that that the applicant will provide a mechanism to turn an area of open space under their ownership over to the “community” in compensation to the loss of this area of land should the PPP application prove successful. The planning supporting statement concludes that an approach has been made to a community group who are amenable to these proposals. However, no details of this group were given to the planning service on request, relating to the status of this community group and what agreement had been reached. The gifting of an existing area of open space located close to the application site to the ‘community’ as an offer of community benefit should planning permission be granted for the development is not considered to be appropriate given that the council is not supportive of the principle of developing this site. In any event no further details have been provided and it is unclear how this could be delivered even if the local residents were to be supportive of this which they are clearly not. The land concerned is already open space albeit privately owned. 9.8 Open space strategy The Scottish Government publication PAN 65 ‘Planning and Open Spaces’ advises that a formal Open Space Strategy linking Community Strategies and Development Plans is vital. The Planning and Environment Committee approved the process and timetable for developing an Open Space Strategy on 19 February 2003. A report outlining the proposed themes and objectives of the Strategy was approved on 19 November 2003 and the consultation process was approved on the 15 September 2004. Greenspace Scotland praised the document stating Page 53 of 110
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that it is one of the best examples of an Open Space Strategy and would like to promote it as good practice to other Local Authorities. The current proposal would lead to a loss of valuable amenity open space that the strategy promotes. However, it forms a foundation for consideration of amenity open space and in development management terms Planning and open space (PAN 65) is a useful reference in considering the value of this amenity open space as a component part in the original housing layout. The advice note comments that ‘open spaces are important for our quality of life. They provide the setting for a wide range of social interactions and pursuits that support personal and community well-being. This has been clearly demonstrated by resident’s representation and supporting information. The planning system performs two key functions in relation to open space: • protecting areas that are valuable and valued; and • ensuring provision of appropriate quality in, or within easy reach of, new development. In terms of typology the Council is clear in its assessment that the site comfortably fits the definition of ‘amenity greenspace’ set out in table 1 and having the definition, ‘landscaped areas providing visual amenity or separating different buildings or land uses for environmental, visual or safety reasons and used for a variety of informal or social activities such as sunbathing, picnics or kickabouts.’ It is reasonable to take the view that the area of open space defined by this site is valuable, valued and worthy of protection from development. This view is based on the value of open space in creating a sense of place (PAN paragraph 7) open space ‘can promote a sense of place and be a source of community pride, and also offer opportunities for people to play an active part in caring for the local environment.’ The Advice note goes on to comment that ‘open space may serve a range of functions and some areas, particularly informal spaces, may not fit neatly into the typology.’ 10. Conclusions 10.1 The planning record supports the understanding that the site area was purposefully intended for open space amenity arrangements to serve the residential development originally built in the 1970’s. The assertion that this area has significant amenity value on its own does not justify its retention. Consideration has to be given to how it has performed since the establishment of the original development. From the planning history and resident’s representation, it is clear that the site is a well-used and maintained area of amenity open space which, given its appearance and amenity value has benefitted local residents for a significant number of years. Perhaps more relevant is the loss of residential amenity to residents who currently have a coterminous boundary with the proposal site. To develop this area after an establishing amenity level over 50 years is significant. As such, any decision would not be supported by either by the intentions NPF4 or policies protecting amenity or directing residential development in the Local Development Plan. Taking the above into account it is considered that the proposed residential development in principle fails to meet the relevant policy requirements of the local plan. The comments received from Traffic and Transportation support this position given the remaining dimensions of the substandard layout would leave any proposed development without an appropriate or safe access arrangement. Other consultee comments can be reasonably addressed by planning conditions should members be minded to approve the application. Due consideration has been given to the matters raised in the letters of objection the content of which overwhelmingly concur with this recommendation that the development if approved would result in the removal of an area of planned amenity open space and a valued natural setting for the existing housing development to the detriment of the character and amenity of the immediate and wider residential area, resulting in in an unacceptable adverse impact on established residential amenity of the area. Therefore, it is recommended that planning permission be refused. Page 54 of 110
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Application No: 23/00035/PPP Proposed Development: Residential Development of five Dwellinghouses with associated landscaping and access (in principle) Site Address: Land To The North Of 103 Glenmavis Road Airdrie North Lanarkshire ML6 0PQ Date Registered: 17th February 2023 Applicant: Mr Arthur Shevill Damhead Farm Craigens Road Chapelhall Airdrie ML6 8PW Agent: Mr Philip Neaves Felsham Planning And Development 11 Western Terrace Edinburgh EH12 5QF Application Level: Local Application Contrary to Development Plan: Yes Ward: 08 Airdrie North Alan Beveridge,Sophia Coyle,Henry Emerson Dunbar,Richard Alan Sullivan, Representations: 10 letter(s) of representation received. Recommendation: Refuse Reasoned Justification: The proposed development is considered contrary to the greenbelt policies in the NPF4 Policies 8 and 16(f) along with policy (PP4) of the North Lanarkshire Local Development Plan (2022) as the application has failed to justify the proposals in terms with it being associated with an acceptable Green Belt use or special circumstances or specific locational need that warrant approval of the application in this instance. The proposal is also considered to be contrary to Policies EDQ1 & 3 in that the proposed sightlines could not be achieved to the satisfaction of the roads authority. In addition, there would be a detrimental impact on the greenbelt objectives due to the visual impact of the acoustic fence and bunding that would be required. Page 55 of 110
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Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396. Planning Application: 23/00035/PPP Name (of applicant): Mr Arthur Shevill Site Address: Land To The North Of 103 Glenmavis Road Airdrie North Lanarkshire ML6 0PQ Development: Residential Development of five Dwellinghouses with associated landscaping and access (in principle) Page 56 of 110
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Reasons for refusal: 1. The proposed development is contrary to the Greenbelt policies in the NPF4 Policy 8 along with policy PP4 of the North Lanarkshire Local Development Plan (2022). In particular, the development would result in an inacceptable impact as it would result in the loss of a valuable area that helps to define the settlements of Airdrie and Glenmavis, contributing the character of the area. No adequate justification, special circumstances or material considerations have been demonstrated to merit a departure from the development plan. 2. That the proposed development is contrary to policy 16 Quality Homes of NPF4, in that the residential aspect of the proposed development does not meet the criteria which would justify residential development in a site that has not been allocated for housing in the North Lanarkshire Local Development Plan. 3. The proposed development is contrary to policies EDQ 1-3 Environmental and Design Quality Policies as the sightlines for the access cannot be adequately achieved creating an unacceptable detrimental impact on road safety. In addition the visual impact on the general Greenbelt caused by the overbearing nature of the mitigation (bund and acoustic fence) that would be required to protect the proposed development from road noise are considered incongruous features. Background Papers: Consultation Responses: NLC Traffic & Transportation NLC Education NLC Environmental Health (including Pollution Control) NLC Greenspace Coal Authority Archaeological Services Contact Information: Any person wishing to inspect these documents should contact Leigh Menzies at 01236 632500 Report Date: 27 June 2023 Page 57 of 110
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APPLICATION NO. 23/00035/PPP REPORT 1. Site Description 1.1 Planning permission in principle is being sought for residential development on land north of 103 Glenmavis Road, Airdrie. The proposed area for development is currently an area of rough grass. The site slopes down from east to west and has a level difference of approx. 5.8m. There is currently no direct vehicle access to the application site. 1.2 The site lies to the west of Glenmavis Road which leads from the north of Airdrie to the village of Glenmavis. The site appears to have historically been part of an agricultural holding. 1.3 To the north is a further area of rough grass with an area of informal hardstanding at an access point. 1.4 To the east of the site is located the car park for Airdrie Golf Club with the golf course adjacent to that. An existing dwellinghouse and associated curtilage is located to the south of the site with an open area beyond used as an informal football area. 1.5 To the west is located a SINC which leads down to a water course, there is established planting within the SINC with agricultural land beyond. For information the area incorporating the SINC has a significant level difference of approx. 12.5m down from east to west. 2. Proposed Development 2.1 An indicative layout and access point has been provided incorporating 5 detached dwellings that would be constructed taking into account the slope of the site which would incorporate properties with both one and two storey elevations. The development is located outwith the area designated as a SINC, which is also under the ownership of the applicant. Access would be provided by a new dedicated access off Glenmavis Road. 2.2 While some design details have been provided in the supporting information, this has been to assist assessment of the principle of development. Matters of internal layout and design of the site would still be subject to a further detailed planning application. 3. Applicant’s Supporting Information 3.1 The applicant has submitted the following information (along with some resultant follow-up submissions) in support of their application: • Design Statement • Ecological Appraisal • Planning Statement • Transport Statement • Mining and engineering report • NPF4 Statement • Noise impact assessment 4. Site History 4.1 There are no previous applications that are directly associated with the application site, however the agent has indicated that other previous applications on land that is adjacent to the application site (located directly to the north) are relevant. This is discussed in more detail below. 4.2 The site appears to have formerly been part of an agricultural holding but not utilised in some considerable time. Page 58 of 110
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5. Development Plan 5.4 The Development Plan now consists of the North Lanarkshire Local Development Plan and the National Planning Framework 4 (NPF 4). NPF 4 was adopted by the Scottish Parliament on 13 February 2023 and prevails over any policies in the Local Development Plan that are incompatible with its aims and objectives. 6.4 NPF4 policy 8 Greenbelt: This policy seeks to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably and to ensure the following outcomes: • Development is directed to the right locations, urban density is increased and unsustainable growth is prevented. • The character, landscape, natural setting and identity of settlements is protected and enhanced. • Nature networks are supported and land is managed to help tackle climate change. 5.3 NPF4 policy 13 Sustainable Transport To encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. 5.4 NPF4 policy 14 Design, Quality and Place This policy seeks to ensure that developments are of a good design that are not detrimental to the amenity of surrounding area and are consistent with the 6 qualities of successful places – Healthy, Pleasant, Connected, Distinctive, Sustainable and Adaptable 5.5 NPF 4 policy 15 - Local Living and 20 Minute Neighbourhoods This policy sets out that to establish this goal consideration will be given to existing settlement pattern, and the level and quality of interconnectivity of the proposed development with the surrounding area 5.6 NPF 4 policy 16 - Quality Homes This policy supports new homes on land allocated for housing in Local Development Plans and sets out various requirements including, and not limited, to meeting local housing requirements, providing or enhancing local infrastructure, facilities or services and improving the residential amenity of the surrounding area. 5.7 The following policies are relevant within the North Lanarkshire Local Development Plan: • PP4 Greenbelt • AD4 Amount of Development • PROM LOC3 Housing Development Sites • C1 - Contributions to infrastructure • EDQ 1, 2, 3 assess the Environmental and Design Qualities 5.8 PP4 Greenbelt and AD4 Amount of Development This policy sets out that the council seeks to support developments for agriculture, forestry, recreation, or developments that need a non-urban location. The purpose of the Green Belt is to protect the setting of communities, support regeneration by directing growth to urban areas, protect natural assets and provide a high quality environment. Policy AD4 requires that housing proposals support a Green Belt appropriate use. Page 59 of 110
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5.9 POM LOC3 Housing Development Sites This policy sets out that the council will provide an effective housing land supply. The policy sets out that sites that promoted as this will be brought forward through consideration of applications for planning permission. In the event of a shortfall in the five-year effective Housing Land Supply being demonstrated (by local authority area and/or Housing Sub-Market Areas), both brownfield and greenfield sites may be granted planning permission where it is demonstrated that the following criteria are satisfied: • the development will help to remedy the shortfall identified; • the development will contribute to sustainable development; • the development will be in keeping with the character of the settlement and the local area; • the development will not undermine Green Belt objectives; and, • any additional infrastructure required as a result of the development is either committed or to be funded by the developer 5.10 CI Contributions to Infrastructure This policy sets out that the council will seek developer contributions for new developments that individually or cumulatively generate a requirement for new or enhanced services or infrastructure in respect of Affordable Housing, Education, Transport and Green Infrastructure, Amenity Space and Play. 5.11 Environmental and Design Quality Policies EDQ 1 – Site Appraisal EDQ 2 – Specific Features for Consideration EDQ 3 – Quality of Development These three polices look for proposed developments to create a successful place or enhance existing places by integrating successfully into the local area and avoiding harm to neighbouring amenity. To do this a range of criteria is listed within these polices which includes amongst other things aspects of design, massing, materials, topography and aspects to protect the existing urban area and its specific characteristics, assets and attributes. They consider hazardous zones, utilities infrastructure and management areas and look to promote biodiversity and the environment whilst meeting the challenges of the climate change via suitable and safe access for all users to promote sustainable public travel or for example the provision of electrical charge points where the car is still a requirement. 6. Consultations The following consultation responses have been received in respect of the application. NLC Traffic and Transportation Initial consultation comments in relation to road safety indicated that the proposed access requires to provide sightlines of 4.5m x 120m. However the sightlines pass through an area of land to the east of the site which is outwith the control of the applicant and as such the proposed access is unacceptable. Additional information was provided from the agent following the initial comments from NLC Traffic and Transportation, however these did not change the recommendation to refuse the application in relation to road safety. For clarification, the sightlines indicated above take into account that the speed limit for this road, although currently the national limit (60mph) the comments reflect the transition to the adoption of 40mph speed limit which will be in place in the next few weeks. Page 60 of 110
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NLC Environmental Health Noise Due to the proximity of the site to the B802 connecting Airdrie to Glenmavis the development would likely be impacted by road noise and as such a noise impact assessment was required. Contaminated Land Historical data shows the potential for contaminated land in close proximity to the application site. The relevant condition should be applied to any approval requiring the undertaking of a site investigation and that any remediation works are carried out before work starts on the site. NLC Greenspace Overall there is no objection to the development however should planning permission the following should be undertaken: a. A 5m buffer should be inserted between the curtilage of the properties and the SINC. b. In addition planting undertaken along the buffer to ensure its integrity during and after the construction process c. If the development is not started within 1 year then a further ecological survey will be required d. Along the southern boundary there are a number of mature trees which are to be retained, most of these are located within the ownership of the adjacent dwellinghouse Coal Authority Following consultation with the Coal Authority has indicated that they have no objection to any approval subject to the inclusion of conditions for appropriate site investigation and remediation works. Archaeology Although there the application does not have any designation it has been indicated that the proposed development has the potential to damage previously unknown archaeological remains and as such a condition should be placed on any approval requiring that a written scheme of investigation should be submitted for approval and carried out prior to the commencement of the development on the site. NLC Education Comments received indicate that due to the limited nature of the development this will have a negligible impact on school intake and as such no financial contribution has been requested. 7. Representations Following the carrying out of the statutory notification and press advert 10 letter(s) of representation were received within the consultation period. These comments are summarised as follows: a. Road safety: road is already dangerous due to volume and speed of traffic b. Close proximity to primary school parking c. Application has considered the requirements for a 40 mph speed limit, B802 currently has a limit of 60mph, and application indicates that the limit should be 30mph d. Traffic trip information submitted underestimates its use e. Local knowledge indicates that there has been more than a single accident on this road, and that the current speed limit is not appropriate f. Bus schedules are as indicated in the report but require crossing a busy stretch of road which has poor sightlines g. The continuous walkway from the site to Glenmavis is not considered safe which is supported by the busing of the village children to the local high school h. In terms of the NPF4 policies the supporting statement by the applicant is either wrong or misleading i. Loss of greenbelt land with unwarranted encroachment into green belt land acting as a precedent to erode this resource. Page 61 of 110
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j. Counter to current NLC planning policy which requires housing development to "support Green Belt appropriate use," and directs to the policy on Purpose of Place (PP4) and the Assessment of Appropriateness of development. k. The site is not included in the 2019 NLC Housing Land Audit and the NLC LDP has no current shortfall in the availability of housing land for private tenure in the Airdrie and Coatbridge area and there is enough private housing in the area l. noise disruption to houses already in the area Impact on privacy and secluded nature for nearby housing (including immediate property to the south) m. Impact on wildlife reduction in the established wildlife corridor that spans Airdrie Road n. Construction noise o. No reasonable justification for the departure of planning policy p. Direct impact on privacy of neighbouring property 8. Planning Assessment 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. Subject to suitable restrictions on the extent and nature of the development, it is considered that the proposal raises no issues of a strategic nature. The Development Plan comprises the North Lanarkshire Local Development Plan (NLLDP) and the National Planning Framework 4 (NPF 4) with NPF prevailing over any NLLDP policies that are incompatible with its aims and objectives. National Planning Framework 4 (NPF4): The introduction of NPF4 in February 2023 requires that these policies be taken into account in assessing all developments. The most appropriate of these are discussed below. NPF4 policy 8 Greenbelt This policy seeks to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. The NPF4 requirements for development are compatible with that of the local development plan which requires greenbelt development of a residential nature be for the use of someone employed in the immediate vicinity or that there is the reuse of an existing structure. Neither of which is applicable in this case. The application highlights an extract of the planning circular 10/2010 in relation to the identification of greenbelt. The application argues that the development does not create coalescence of Airdrie and Glenmavis. In response it is agreed that the development does not stretch the full length between the settlements however this is a narrow section of greenbelt and the protection of it should be robust. A previous application for this stretch of road has previously been refused. In addition, the application also indicates that the site is opposite the golf club car park and as such the line of the greenbelt would not be broken. In response it should be noted that the adjacent golf course and its facilities are designated as greenbelt and this type of use is more suited to being located in the greenbelt due to the size and type of activity. It is also considered that the natural boundary of the urban area is the curtilage of the adjacent dwellinghouse. The northern boundary of the application site does not provide a natural boundary with only a limited post and wire fence. Finally in addition to the above the applicant has highlighted a previous application that was refused and the subsequent appeal was dismissed for an adjacent site. It is highlighted that this application for refused, in part, due its location within the greenbelt as it would undermine the greenbelt objectives. 8.4 NPF4 policy 13 Sustainable Transport To encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. Page 62 of 110
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This development does not directly promote sustainable transport however it is located on an established bus route. 8.5 NPF4 policy 14 Design, Quality and Place This policy seeks to ensure that developments are of a good design that are not detrimental to the amenity of surrounding area and are consistent with the 6 qualities of successful places – Healthy, Pleasant, Connected, Distinctive, Sustainable and Adaptable The site currently makes a positive impact on the greenbelt adding to a clear and robust separation of the village of Glenmavis and the town of Airdrie. As indicated above it is considered that the natural boundary of the urban area is the northern curtilage of the adjacent dwellinghouse. The northern boundary of the application site does not provide a natural boundary with only a limited post and wire fence which indicates ownership rather than a naturally occurring boundary. Policy 14 also looks to ensure that the residents within a development have a pleasant place to live. Locations such as this could provide this however in this instance the quality of the greenbelt in this location also requires to be given due consideration. It is considered that the loss of this area would be detrimental to the buffer that this greenbelt provides between two distinct settlements. In addition as will be discussed in more detail below the additional requirement to include a bund along the northern boundary and acoustic fence along the boundary of the development with the B802, in relation to noise mitigation, would have an overbearing and unsympathetic impact on the greenbelt in this location. 8.6 NPF 4 policy 15 - Local Living and 20 Minute Neighbourhoods This policy sets out that to establish this goal consideration will be given to existing settlement pattern, and the level and quality of interconnectivity of the proposed development with the surrounding area. In respect of proximity to local services it should be noted that the entrance to the site is approx. 1.3km (0.8miles) distant from Airdrie town centre. In addition although the facilities in the centre of Glenmavis are only 0.65km away the footpath that serves this road is narrow with the local high school children bused daily as it is not considered safe for them to use. 8.7 NPF 4 policy 16 - Quality Homes This policy supports new homes allocated on land allocated for housing in Local Development Plans and sets out various requirements including and not limited to meeting local housing requirements, providing or enhancing local infrastructure, facilities or services and improving the residential amenity of the surrounding area. A very recent appeal decision for a site in West Lothian by the Scottish Ministers (19 July 2023) reference PPA-400-2118 is now also relevant in this case due to the fact that the land in question is not allocated for housing within the adopted NLLDP. The Ministers appeal decision was clear that all branches of NPF4 Policy 16 (f) need to be taken into account, not just (i), the full policy states: (f) Development proposals for new homes on land not allocated for housing in the LDP will only be supported in limited circumstances where: i. the proposal is supported by an agreed timescale for build-out; and ii. the proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20 minute neighbourhoods; iii. and either: · delivery of sites is happening earlier than identified in the deliverable housing land pipeline. This will be determined by reference to two consecutive years of the Housing Land Audit evidencing substantial delivery earlier than pipeline timescales and that general trend being sustained; or · the proposal is consistent with policy on rural homes; or · the proposal is for smaller scale opportunities within an existing settlement boundary; or · the proposal is for the delivery of less than 50 affordable homes as part of a local authority supported affordable housing plan. In terms of the above policy please note the following comments: Page 63 of 110
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i. There is no agreement on such a timescale ii. Housing is not consistent with the spatial strategy, set by NLLDP Policy PP5 Countryside. Neither (i) nor (ii) is met and NPF4 clearly states both have to be met. iii. The 10-year MATHLR set for North Lanarkshire at NPF4 Annex E of 7,350 is comfortably exceeded by the latest 7-year programmed Housing Land Audit, so there is no early delivery of sites that points to this site being appropriate. In addition, it should be noted that the Reporter’s attention to his colleague Reporter’s conclusions contained in the recently published Scottish Borders Local Development Plan 2 Report of Examination, in Particular Conclusion 63. This states “NPF4 no longer states the need for a five-year effective land supply. All comparisons with that measurement are, therefore, now irrelevant…” Local Development Plan: 8.8 PP4 Greenbelt and AD4 Amount of Development These policies set out that the council seeks to support developments for agriculture, forestry, recreation, or developments that need a non-urban location. The purpose of the Green Belt is to protect the setting of communities, support regeneration by directing growth to urban areas, protect natural assets and provide a high quality environment. Policy AD4 requires that housing proposals support a Green Belt appropriate use. The development under consideration is not such a use that requires to be situated in a non urban location, such as forestry, agriculture etc. It is noted that the southern boundary runs along the edge of the general urban area however should this development go ahead it is considered that detrimental impact on this narrow section of the greenbelt which maintains a robust boundary between the town of Airdrie and the village of Glenmavis. It is therefore considered that the proposed development is contrary to Policy PP4 and AD4. 8.9 POM LOC3 Housing Development Sites Following on from para 8.7 above West Lothian appeal PPA-400-2118 decision letter referred to by the Reporter, The Ministers confirmed the application of housing policy in relation to the proposed development on sites that are not designated for a residential use. The decision stated that the West Lothian Local Plan Policy HOU2 was an exceptions policy and has been replaced by NPF4 Policy 16 (f). In terms of how this applies to this application in Glenmavis it is considered that PROM LOC 3 (Housing Development Sites) is almost identical in function, purpose and content regarding exceptions as the HOU2 policy in West Lothian. Therefore this application also needs to be determined using NPF4 Policy 16 (f) and not PROM LOC 3. It should be noted that the Reporter’s attention to his colleague Reporter’s conclusions contained in the recently published Scottish Borders Local Development Plan 2 Report of Examination, in Particular Conclusion 63. This states “NPF4 no longer states the need for a five-year effective land supply. All comparisons with that measurement are, therefore, now irrelevant…” Notwithstanding the above prior to the above decision being issued the merits of the policy for PROM LOC3 in the NLLDP were set out as follows. These have been retained in the report for information only. The instructions of the Chief Planner in her letter of 8th February 2023 on matters related to this Policy are clear, in that, SPP(2014) has been superseded and does not form part of Scottish Government planning policies, including: the requirement to maintain at least a 5year supply of effective housing land at all times, shortfalls in supply indicating LDP policies are not up-to-date, the ‘presumption in favour of development that contributes to sustainable development’ and the concept commonly known as the ‘tilted balance’. If, however, the Council was to consider the provisions of PROM LOC 3 without reference to that Letter it would offer the following comments. Through this policy a generous supply of land shall be supplied to maintain a 5 year minimum effective housing land supply. In the event of a shortfall greenbelt sites may be granted permission where it is demonstrated that the following criteria have been satisfied. Page 64 of 110
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a. the development will help to remedy any shortfall identified; Comment: The Council maintains the view that there is no shortfall, and that the current Housing Land Supply position, based on the following considerations, is sufficient. The Council was instructed by the Reporter in the Report of Examination (May 2021) to review the Airdrie/Coatbridge Housing Sub-Market Area post-adoption, to address any deficiency in housing land. The Reporter added that “The council should also undertake an early review of the adequacy of its housing land against emerging and finalised replacement housing land requirements, as these become available in due course. Should this indicate a need to identify additional land for housing, I recommend that the council should aim to review its local development plan and the housing sites it identifies earlier than the council may have currently intended” (NLLDP Report of Examination May 2021, p.122, Paragraph 301,). The Council considers that following the Adoption of North Lanarkshire Council’s Local Development Plan (July 2022) and the publication of National Planning Framework 4 (NPF 4, February 2023), the emerging and finalised replacement housing land requirements for each Local Planning Authority have been set and now laid out in Annex E of NPF 4. The Reporter has specifically instructed North Lanarkshire Council (NLC) to review the adequacy of its housing land supply against the finalised MATHLR. NLC’s 10-year Minimum All-Tenure Housing Land Requirement is 7,350 units. NLC’s Finalised 2022 Housing Land Audit is the most up to date position on the Council’s housing land supply and has been extrapolated to 10 years by including the non-effective element of effective sites to 2031. NLC’s 10-year All-Tenure housing land supply, as derived from the 2022 Finalised HLA, is 11,632 units. This is roughly 58% more than NLC’s MATHLR figure, demonstrating that there is sufficient housing land available across the Local Authority area. b. the development will contribute to sustainable development Comment: The site is adjacent to the urban area and nearby infrastructure, including schools and public transport, however this requires to be balanced against the impact that the proposed development will have on the wider area and the impact on the greenbelt. The greenbelt is fairly narrow at this point between settlements and as such even a small development can have a large impact. c. the development will be in keeping with the character of the settlement and the local area; Comment: the proposal put forward is only in principle and as such only indicative details have been provided for consideration at this point. The information provided does indicate that the development would be low density and would be sympathetic to the changing levels of the site. Notwithstanding this however the proposal would be at odds with the protection of the character of the greenbelt through the removal of a section of the greenbelt and the introduction of unnatural bund and acoustic fence to mitigation noise concerns for future users. d. the development will not undermine Green Belt objectives Comment: The objectives of the Greenbelt policy is to support uses that require a non-urban location and this is not such a use as housing can be accommodated within the urban area. This is not such a development and as discussed above even this small development would have a large impact on this narrow section of greenbelt. In terms of coalescence although this development would not join together the two urban areas, it would be a noticeable urban addition and erode this important section of the greenbelt, with the potential to set a president for future proposals of this nature. e. any additional infrastructure required as a result of the development is either committed or to be funded by the developer Page 65 of 110
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Comment: As part of the process of assessment other NLC services have been consulted to gauge the impact of the development on the surrounding community services. In this instance no requirement for contributions from the developer has been identified. 8.10 CI Contributions to Infrastructure Due to the limited scale of the proposed development no need for contributions for infrastructure has been identified. 8.11 Environmental and Design Quality Policies EDQ 1 – Site Appraisal EDQ 2 – Specific Features for Consideration EDQ 3 – Quality of Development a. These three polices look for proposed developments to create a successful place or enhance existing places by integrating successfully into the local area and avoiding harm to neighbouring amenity. To do this a range of criteria is listed within these polices which includes amongst other things aspects of design, massing, materials, topography and aspects to protect the existing urban area and its specific characteristics, assets and attributes. They consider hazardous zones, utilities infrastructure and management areas and look to promote biodiversity and the environment whilst meeting the challenges of the climate change via suitable and safe access for all users to promote sustainable public travel or for example the provision of electrical charge points where the car is still a requirement. b. The application under consideration is in principle and as such a number of the design elements do not require to be provided. Notwithstanding this some information has been provided in order to assess potential impacts by the proposal. This includes the site access with detailed information provided in connection with this element. NLC Traffic and Transportation have provided comments and have indicated that the application should be refused. Part of the sightlines for the development cannot be achieved and maintained as part of the land is not in the ownership or control of the applicant. The applicant has countered however that the application need not be refused on this basis as a civil agreement could be reached between land owners. However given that the owner of the land involved has made an objection to the development it is not considered likely. c. In respect of proximity to local services it should be noted that the entrance to the site is approx. 1.3km (8miles) distant from Airdrie town centre. In addition although the facilities in the centre of Glenmavis are only 0.65m away the footpath that serves this road is narrow with the local high school children bused daily as it is not considered suitable for them. d. The detailed design of the dwellings in relation to massing and materials etc has not been provided at this stage and would be part of any future detailed application as required. However it is considered that these issues could be addressed with other elements such as privacy and daylight impacts kept to a minimum not only for the future residents but also for the existing residential property to the south. e. In respect of the issue of traffic noise from the B802 affecting any future residents of the property as discussed in para 8.14 below. The noise impact assessment shows that mitigation measures can be provided to reduce any detrimental impact. Although any further detailed application would require to look specifically at the final design of the fabric of the dwellings. An acoustic fence would be required to be located along the boundary with the B802 along with a 3m high bund along the northern boundary. f. In connection with the noise issue above although the 2m high acoustic fence and the 3m high bund would potentially address the noise issue for the future residents of the development, in terms of the visual amenity of these it is considered that they would impact on the nature of the greenbelt by creating a corridor effect and introducing an unnatural land formation which would impact the greenbelt objectives. g. In terms the future health and wellbeing of any residents the issue of ground stability and contamination must be addressed should the application be approved due to the previous coal Page 66 of 110
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and industrial uses that are common in the Airdrie area. The desktop studies that have been carried out show the potential for issues and that theses require to be addressed through further physical site investigations and made safe where appropriate. h. The proposed site is located to the east of Virtue Well Glen which is designated as a Site of Interest for Nature Conservation (SINC) which is also under the ownership of the applicant. The site under consideration is not designated as but has the potential to impact the adjacent SINC. The information available has been assessed by NLC Greenspace which indicates that overall the site itself does not contain any ecology to be preserved however the trees along the southern boundary, although mostly on neighbouring land, would require to be protected. 8.12 Certain parts of the decision on a previous appeal decision, from 2018, have been sited by the applicant as the being reasons that the current application should be approved. a) There is a shortfall in the effective 5 year housing land supply and that this application can contribute to reduce this. Response: This is discussed in para 8.9a which indicates that it not considered that there is currently a shortfall in housing provision. It should also be noted that this appeal was determined in 2018, nearly 5 years ago. b) Contribution to the local economy in terms of construction work and economy from the local residents Response: As with any construction development there will be an element of economic benefit from this and potential of spending in the local economy. However in this case such benefits require to be balanced against the loss of amenity to the wider setting as this would mean the loss of an area of greenbelt. It is considered that this area of greenbelt serves a clear purpose, and any loss would impact on its effectiveness. c) Proximity to the defined centre of Airdrie is approx 1300m Response: It is agreed that the development under consideration is closer to the centre of Airdrie than the previous application d) Good connection to bus services Response: It is agreed that the proposed development is located on a direct route between Airdrie and Glenmavis. e) Accessible housing requires to be provided where there is lack of provision. Response: Currently there is no lack of supply of general housing or affordable housing in this area f) Delivery of infrastructure Response: No requirement for infrastructure has been identified in this instance. g) Support climate change through sustainable building Response: Given that this application is in principle there it is not possible to make an assessment of this element h) Improvement of health and wellbeing (engineering review of the site) Response: it is agreed that should development be undertaken on this site that further assessment of the site is required to ensure that the land is, or can be, made suitable. However at this time there is no indication that there is a danger should no works be undertaken. i) The applicant advises that a construction method statement could be provided in this respect as part of any approval to ensure the reduction of waste Response: This could be achieved with good working practices. j) The applicant indicates that there would be no impact on the surrounding residents in terms of over development and protection of amenity Response: It is agreed that the physical setting out of the site could minimise the impact on the adjacent residential property. Assessment of Consultations: 8.13 NLC Traffic and Transportation As this application is in principle the comments are generally limited to access issues on the B802. Traffic and Transportation have assessed the plans and also subsequent information provided in connection with this matter. The outstanding matter remaining is that the sightlines for the proposed development cannot be achieved (even for the reduced 40mph limit coming into force). They have advised that part of the sightlines are located within third party ownership and as such the required 4.5m x 120m cannot be met and possibly also maintained going forward. Page 67 of 110
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Notwithstanding the above maximum gradients have also been provided for the surface streets. Given that application indicates that the site would accommodate single and two storey frontages this would be an issue that would be taken forward to a condition should the application be approved. In addition with regard to the levels NLC Traffic and Transportation have indicated that no retaining structures be used to support roads, footways and footpaths. None have been indicated in the plans however the plans are not fully detailed in this regard a condition on any approval would be warranted Traffic and Transportation have also indicated that as part of the active travel strategy a 3.5m wide footpath should be provided. However in this instance it is noted that this path would exist in isolation (with minimal footways on this stretch of road between Airdrie and Glenmavis) and therefore it would be unreasonable to place this requirement on the developer. 8.14 NLC Environmental Health Noise The required noise impact assessment indicated that in general the predicted noise impacts at the proposed residential properties is acceptable however mitigation is required. The mitigation would consist of a bund along the northern boundary of the site 3m in height and a 2m high acoustic fence along the boundary with the B802. In addition some further mitigation will be required to some windows on first floor locations. Conditions could be used on any approval to address this. Notwithstanding the above in terms of the bund and importantly the fence although these would serve a purpose for the users of the development it is considered that the visual impact of these would have a detrimental impact on the Greenbelt. This was previously highlighted in para 8.8 above. Contaminated Land A desktop study has been carried out and further on site investigations are required prior to the commencement of development. Along with this if required a remediation strategy would require to be submitted to ensure that the area is suitable for residential use. NLC Environmental Health have indicated that this could be dealt with through condition. 8.15 NLC Greenspace In terms of the comments made by NLC Greenspace: Appropriate conditions could be placed on any approval to ensure that appropriate measures are undertaken to protect the SINC and to ensure updated ecological reports are undertaken. In addition tree protection measures should also be placed on any approval along with appropriate planting. 8.16 Coal Authority As with possible contamination further physical investigations would require to be undertaken prior to the commencement of any development for the safety of any residential properties, with any approval including this requirement along with any remediation to be undertaken at the appropriate junctures. Response to Representations: 8.17 In response to the grounds of representation, these are summarised as follows and the respective responses should be noted: Road safety: road is already dangerous due to volume and speed of traffic Response: The issue of road safety in connection with the junction has been assessed by NLC Traffic and Transportation and is discussed in para 6.2 above Close proximity to primary school parking Response: It is appreciated that parking in the vicinity of schools at the start and the end of the day can Page 68 of 110
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be problematic. However issues of road safety are addressed through consultation with NLC Traffic and Transportation. Application has considered the requirements for a 40 mph speed limit, B802 currently has a limit of 60mph, and indicates that the limit should be 30mph Response: NLC Traffic and Transportation have used the 40mph speed limit as a base for their response due to the pending change is speed limit along this road. The assumption of a 30mph speed limit has not been used in the assessment of the application Traffic trip information submitted under estimates the use of this part of the B802 Response: The transportation assessment submitted has been passed to NLC Traffic and Transportation for assessment who have not indicated any concern in terms of the parameters of the survey. Local knowledge indicates that there has been more than a single accident on this road, and that the current speed limit is not appropriate. Response: It is not possible to be entirely accurate regarding accidents on any stretch of road. Given that a reduction in the speed limit is soon to be brought into force this would suggest that there has been concern regarding road safety Bus schedules are as indicated in the report but require crossing a busy stretch of road which has poor sightlines Response: It is noted that the closest bus stops to the site are located within 30mph limit sections of the road. The continuous walkway from the site to Glenmavis is not considered safe which is supported by the busing of the village children to the local high school Response: It is known that the NLC Education does run a bus from Glenmavis village to the local high school and it is understood that this has been put in place due to safety concerns. In terms of the NPF4 policies the supporting statement by the applicant is either wrong or misleading Response: In terms of NPF4 these matters are discussed in section 8 above Loss of greenbelt land with unwarranted encroachment into green belt land acting as a precedent to erode this resource Response: The site is designated as Greenbelt and approval of this application will mean its loss. The merits of this development on greenbelt land is highlighted in paras 8.3 and 8.8 above. Counter to current NLC planning policy which requires housing development to "support Green Belt appropriate use," and directs to the policy on Purpose of Place (PP4) and the Assessment of Appropriateness of development. Response: As discussed more extensively within section 8 above. It is considered that the proposed use is contrary to the Greenbelt Policy The site is not included in the 2019 NLC Housing Land Audit and the NLC LDP has no current shortfall in the availability of housing land for private tenure in the Airdrie and Coatbridge area and there is enough private housing in the area Response: Paragraph 8.9 above details that the reason why there is no current shortfall in the housing land availability Noise disruption to houses already in the area, impact on privacy and secluded nature for nearby housing (including immediate property to the south) Response: The issue of noise impact from the housing to the surrounding area has not Page 69 of 110
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been identified as a cause for concern. Impact on wildlife reduction in the established wildlife corridor that spans Airdrie Road Response: NLC Greenspace comments has indicated that the impact on the adjacent SINC can be mitigated and with a protection buffer. Construction noise Response: The planning process requires to access the suitability of an area of land for its final use, in proposals such as this construction noise is not a reason for refusal as it is a temporary part of the development. Notwithstanding this construction noise is regulated through Environmental Legislation. No reasonable justification for the departure of planning policy Response: The issue of the planning policy has been discussed in detail earlier within this section. It is considered that the development proposed does not justify a departure from the planning policy. Direct impact on privacy of neighbouring property Response: The planning application under consideration is in principle therefore only an indicative plan has been provided. However based on the orientation and location of the proposed units it is considered that there would be limited detrimental impact on the adjacent residential properties. Should any permission be granted then this matter would be reassessed when the detailed planning application is submitted. 9 Conclusion The relevant legislation requires that planning application decisions are made in accordance with the relevant development plan unless material considerations indicate otherwise. In this case it is recommended that the application be refused for the following reasons: The proposal is contrary to the Greenbelt policies contained in NPF4 and the Local Development Plan as it would result in the erosion of a valuable area that helps to define the settlements of Airdrie and Glenmavis, contributing the character of the area. The proposed development does not comply with either of these polices and constitutes an unacceptable form of development within the Greenbelt. The proposal does not comply with the environmental and design quality policies of the local development plan as the sightlines for the access cannot be adequately achieved creating an unacceptable detrimental impact on road safety. In order to address the issues of noise for any future residents of such a development a 2m high fence requires to be erected along the full length of the frontage of the site onto the B802 and a 3m high bund erected along the northern boundary. It is not considered that the impact of such a fence and the creation of an unnatural land barrier by impacting detrimental to the openness of the area and as such impacting the objectives of the greenbelt policies. Page 70 of 110
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Application No: 23/00123/FUL Proposed Development: Extensions to building to provide new church hall accommodation Site Address: Ebenezer Evangelical Church Ralston Street Airdrie North Lanarkshire ML6 0DH Date Registered: 17th March 2023 Applicant: Mr John Logan Trustee Of Ebenezer Church Halls Ebenezer Church Halls Aitchison Street Airdrie ML6 0DG Agent: Mr Nigel Weston NR Weston Limited 9 Porting Cross Place The Steadings Kilmarnock Ayrshire KA3 6FD Application Level: Local Application Contrary to Development Plan: No Ward: 09 Airdrie Central James Logue, Chris Costello, Lesley Jarvie, Janice Catherine Toner, Representations: 17 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed development is considered consistent with policies PP 3 and AD 3, EDQ 1, EDQ 3 and PROT B of the North Lanarkshire Local Development Plan 2022. Whilst the modern design of this development is a departure from that of the existing Church Hall building, it is considered to integrate well with the existing Church Hall and Church buildings and would not have a significant adverse impact on the character and appearance of the wider Airdrie Victoria & Town Centre Conservation Area. Page 71 of 110
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Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396. Planning Application: 23/00123/FUL Name (of applicant): Mr John Logan Site Address: Ebenezer Evangelical Church Ralston Street Airdrie ML6 0DH Development: Extensions to building to provide new church hall accommodation Page 72 of 110
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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:- ML6 0DG-01 RevA, ML6 0DG-02 RevA, ML6 0DG-03, ML6 0DG-04, ML6 0DG-05, ML6 0DG-06, ML6 0DG-07, ML6 0DG-08, ML6 0DG-11 RevA, ML6 0DG-12 RevB, ML6 0DG-13 RevB, ML6 0DG-14 RevB, ML6 0DG-15 RevB, ML6 0DG-16 RevB, ML6 0DG-17 RevB and ML6 0DG-18 RevB, 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 report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required. Information on the required format of the report and how it should be submitted to us can be found online: https://www.northlanarkshire.gov.uk/planning-and-building/planning- applications/how-discharge-contaminated-land-planning-conditions Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 3. That any remediation works identified by the site investigation required in terms of Condition 3, 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 residents. 4. 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 drainage arrangements. Background Papers: Consultation Responses: Traffic & Transportation The Coal Authority Environmental Health (including Pollution Control) Contact Information: Any person wishing to inspect these documents should contact Patricia Beaton at 01236 632500 Report Date: 4th July 2023 Page 73 of 110
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APPLICATION NO. 23/00123/FUL REPORT 1. Site Description 1.1 The application site is located on the corner of Ralston Street and Aitchison Street Airdrie within the Victoria and Town Centre Airdrie Conservation Area. The application site includes the existing Ebenezer Evangelical Church, Church Hall and associated private car park. The application site slopes from east to west. The application site is within an existing primarily residential area. 2. Proposed Development 2.1 Planning permission is sought for two extensions to the existing Church building located on the north (side) and west (rear) elevations of the existing building. 2.2 The application site boundary initially included the path linking Aitchison Street and Alexander Street to the western boundary of the site. The applicant has confirmed that this path was included within the site boundary in error and revised location plan and block plans showing the amended boundary (which excludes this path) have been submitted. 3. Applicant’s Supporting Information 3.1 The applicant has provided architectural drawings, a Mining Stability Report including Coal Mining Risk Assessment, and details of the proposed use of the extensions proposed. 3.2 The applicant has advised that the proposed extensions will not be used as a café or as an events space. The space created by the proposed extensions will be used to facilitate the Church’s existing ministries and Church related groups and will not be available to the public for parties/weddings etc. 4. Site History 4.1 The most recent applications for planning permission (06/00900/FUL and 09/00260/FUL) related to re-roofing of the Church and Church Hall. 5. Development Plan 5.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 states that a planning application should be assessed against the relevant development plan policies and any decision shall be in accordance with the development plan 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. 5.3 The North Lanarkshire Local Development Plan 2022 (NLLDP) identifies the application site 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). 5.5 The application site is also within a Conservation Area where policy PROT B Historic Environment Assets Category B3 Regional/Local applies. 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 investigations and any necessary remediation works be attached to any permission. Page 74 of 110
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6.3 The council’s Roads Development Service no objections to the proposed development and have advised that ample parking is provided in the plans. 7. Representations 7.1 A total of 17 objections (including multiple representations from a single household and multiple representations from the same individuals) and a signed petition of 67 signatures were received during the neighbour notification period and advertisement of this application. 7.2 In summary, the objections to this application raise concerns in the following areas: • The extensions will impact the sunlight to properties on Alexander Street and Ralston Street. • Concerns regarding loss of existing parking provision • Concerns regarding possible additional traffic making existing traffic, congestion and parking issues worse. • The design of the extensions will not enhance the primarily residential neighbourhood. • The proposed extensions are not in keeping with appearance, finish, scale or mass of adjoining and surrounding property types • Concerns regarding increased pollution due to additional car users • Concerns regarding noise and light impacts on nearby Veterans housing. • Concerns regarding the impact on the existing underground drainage and sewerage pipes. • Concerns regarding the overlooking of gardens of neighbouring properties. • The change of use to include a café and public events venue would negatively impact local residents. • Concerns that the path linking Aitchison Street and Alexander Street will be closed. 7.3 Other issues were raised however they are not material planning considerations. They include that visitors to the existing Church do not use the existing car park, potentially dangerous parking on neighbouring streets, ongoing speeding of vehicles on surrounding roads, noise, dirt and dust created during construction will impact the mental health of local residents, impact on property values and the lack of designated parking on Aitchison Street and Ralston Street for local residents and their visitors. 8. Planning Assessment 8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 states that a planning application should be assessed against the relevant Development plan policies and any decision shall be in accordance with that plan unless material considerations indicate otherwise. In this case, the proposal is not of strategic significance and as such, should be assessed in terms of the relevant local plan policies. National Planning Framework 4 8.2 The National Planning Framework (NPF4) is a long-term plan for Scotland that sets out where development and infrastructure is needed. NPF4 sets out policies in relation to creating a sustainable place, a liveable place, and a productive place. It is considered that there is no conflict between the policies and aims of NPF4 and the policies set out within the North Lanarkshire Local Development Plan 2022 with regard to the proposed development. There are no NPF4 policies that would affect or change the local development plan polices in this case. Therefore, the proposal will be assessed under the policies of the North Lanarkshire Local Development Plan 2022. North Lanarkshire Local Development Plan 2022 8.3 The application site is 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 an area with an often primarily residential character and encouraging diversity in more mixed-use areas. 8.4 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. Page 75 of 110
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8.5 Policy EDQ 1 Site Appraisal requires any development to be appraised in terms of the site and its surroundings to ensure it will integrate successfully into the local area and avoid harm to neighbouring amenity. This appraisal addresses matters such as design, massing, topography and transportation aspects. 8.6 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. 8.7 The application site is located within a Conservation Area where policy PROT B Historic Environment Assets Category B3 Regional/Local applies. The designs, materials, scale, and siting of any development shall be appropriate to the character of the conservation area and its setting. Supplementary Planning Guidance (SPG) 30, Airdrie Victoria & Town Centre Conservation Area Appraisal and Management Plan and SPG 31 Conservation Areas set out further advice to ensure any development should respect the design of the host and adjoining properties and does not cause significant harm to the character of the wider Conservation Area. 8.8 Whilst it is noted that the area surrounding the application site is primarily residential, it is considered that the limited extension of existing and established non-residential uses within the General Urban area has the potential to be acceptable subject to being assessed against the criteria set out in EDQ 3. 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, site section drawings and a Mining Stability Report including Coal Mining Risk Assessment Geo-Environmental and Geotechnical Interpretative Report as part of this application. 8.10 With regard to policy EDQ 3, it is considered that the design of the proposed extensions including flat roof and glazing represents a modern departure for the more traditional gable roof design of the Church Hall building. The proposed north elevation would extend the north elevation closer to the existing brick boundary wall and would extend the western rear elevation of the Church Hall building outwards and would result in the loss of two parking spaces within the existing private car park. There is an existing single storey flat roof section of the Church Hall which will become two storey in height. 8.11 It is considered that similar to the existing flat roof sections of the Church Hall building, the proposed extensions would read apart from the gable section of the Church Hall and adjacent Church. It is considered that the proposed design, scale and finishing materials of the proposed extensions is a conscious departure from the existing building, ensuring that the design and massing of the existing Church Hall building, and separate Church continue to be the focus of the site with the extended Church Hall being subsidiary in nature. 8.12 In terms of the transportation aspects of EDQ 3, it is noted that the proposed extensions would result in the loss of two existing parking spaces and the relocation of two existing disabled spaces. It is noted that the council’s Roads Development Service has not objected to this application and has advised that ample parking is provided within the plans submitted. The applicant has advised that there will be 41 (including three disabled spaces) parking spaces available for visitors to the Church and Church Hall. 8.13 Policy EDQ 3 also includes the requirement for the assessment of and (where necessary) the mitigation of noise or pollution impacts cause either by the development or within the development site. Pollution Control has advised that conditions relating to the submission of further site investigation information and the implementation and verification of any remedial works should be attached to any permission. Pollution Control has not raised any concerns regarding any possible noise and light pollution as a result of the proposed development. In terms of drainage, it is noted the concerns regarding the impact the proposed development, both in its operation and construction could impact existing underground drainage and sewerage pipes. It is the applicant responsibility to ensure which Page 76 of 110
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undertaking any site investigations and construction to ensure that there is no adverse impact on the existing underground drainage and sewerage network. A condition requiring the confirmation that all the requirements of Scottish Water can be fully met is to be attached to any permission. 8.14 The application site is within a Conservation Area where policy PROT B Historic Environment Assets Category B3 Regional/Local applies. This policy and the related SPG’s 30 and 31 seeks to ensure that the character and appearance of the existing Conservation Area is not adversely impacted. Within the roads surrounding the application site, a variety of building finishing materials have been used including roughcast, sandstone and red and buff brick. It is noted that the proposed use of zinc cladding for the elevations of the proposed extensions. It is considered that the use of this material would not have a significant impact on the character and appearance of the wider Conservation Area. 8.15 Taking into account the assessment above it is considered that the proposed development would be consistent with policies PP 3 and AD 3, EDQ 1, EDQ 3 and PROT B of the North Lanarkshire Local Development Plan 2022. 8.16 As it is considered that the proposed development complies with development plan policy and in particular policies PP 3 and AD 3, EDQ 1, EDQ 3 and PROT B, this application should be approved in accordance with Section 25 unless there are any other material considerations that suggest it should be refused. Material Considerations 8.17 A total of 17 objections (including multiple representations from a single household and multiple representations from the same individuals) and a signed petition of 67 signatures were received during the neighbour notification period and advertisement of this application. 8.18 The objections received primarily relate to the impact on parking and traffic within the application site and surrounding roads, the impact on neighbours in terms of privacy, overlooking and sunlight and concerns regarding the proposed use of the proposed extensions. With regard to concerns regarding overall design of the proposed development as well as potential noise impacts, our assessment of these aspects are outlined above. 8.19 With regard to the ongoing issues with parking and traffic, it is noted that Aitchison Street (A8010) is a busy street within Airdrie and a well-used route to Monkland Hospital and to Airdrie Town Centre. Objectors advise that there are limited opportunities for on street parking given the high volume of traffic to this road. It is noted that many dwellinghouses on Aitchison Street have off street parking. On Ralston Street however it is noted that most properties do not have off street parking. These concerns regarding traffic and parking provision on neighbouring streets to the application site has been considered, however, the council’s Roads Development Service have not raised any concerns regarding the extension to the existing Church Hall and the loss of two parking spaces. In fact, they have instead advised that ample parking is being provided. With regard to concerns regarding possible increase in road traffic associated with the proposed extensions, The Roads Development Service have raised no concerns. Whilst there may be an increased number of visitors to the Church Hall, it is considered that any increase in traffic would not be so significant to warrant a refusal in this case. Furthermore, given the location of the application site, it is considered that a significant number of visitors will likely walk from nearby residential areas. 8.20 Concerns relating to road safety as a result of potentially illegal and inconsiderate parking on pavements and on corners and to the access to the Ebenezer Evangelical Church parking area have also been raised. Concerns were also raised about parked cars obstructing emergency vehicles. These concerns are noted however it is the responsibility of drivers to ensure that they do not park inconsiderably or illegally. 8.21 In terms of potential overlooking impacts on the privacy to neighbouring properties, it is noted that the distance between the windows of neighbouring properties to the north on Aitchison Street is at least 20m from the proposed north elevation of the proposed extension, which is further that the minimally acceptable distance of 18m, similarly the distance between properties to the west on Aitchison Street (149 and 145) is at least 26m and 40m respectively. To the properties on Alexander Street the distance is at least 50m from the windows of the proposed western elevation extension. For the properties adjacent to the existing Church on Ralston Street, these windows are at least 21m from the southern elevation of the proposed extension. To the eastern elevation of the proposed extension there would Page 77 of 110
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a new window facing Ralston Street, again the distance between this window is above 18 at approximately 27m. It is considered that given the distances from the windows of the proposed extensions to neighbouring properties any impact on privacy due to overlooking would be limited and not sufficient to warrant a refusal in this case. 8.22 In relation to daylight/sunlight concerns raised, given the distance between neighbouring properties and the proposed extensions, it is considered that any impact would be limited and not sufficient to warrant a refusal in this case. 8.23 Concerns regarding the proposed use of the space created by the proposed extensions have been raised specifically the potential noise and light pollution being produced as part of the use of these new spaces. The applicant has advised that the proposed extensions will not be used as a café or as an events space. The space created by the proposed extensions will be used to facilitate the Church’s existing ministries and Church related groups and will not be available to the public for parties/weddings etc. The council’s Pollution Control has raised no objections to the proposed development in terms of noise, light and any other pollution as a result of the use of these spaces. 8.24 It is considered that the concerns raised by objectors, whist important, do not represent material considerations that are so significant that would warrant a refusal in this case. 9. Conclusions 9.1 To conclude it is considered that the proposed development is acceptable in this General Urban Area and would not unacceptably impact the wider amenity of the area. The modern design of the proposed development is considered to integrate well with the existing Church Hall building and would not have a significant adverse impact on the character and appearance of the wider Airdrie Victoria & Town Centre Conservation Area. It would also not have a significant impact on parking and traffic and any impacts would not be such that would warrant a refusal in this case. 9.2 As there are no additional material considerations to be taken into account that determines that the development plan should not prevail, the proposed development is considered consistent with policies PP 3 and AD 3, EDQ 1, EDQ 3 and PROT B, and should be granted permission with conditions. Page 78 of 110
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Application No: 23/00602/S42 Proposed Development: Four Industrial Units to Accommodate Use Classes 5 & 6 with associated yard, access and landscaping (Section 42 application to vary Condition 1 of 19/01506/FUL to change design of Unit 2) Site Address: 51 Mcneil Drive Eurocentral Holytown ML1 4UR Date Registered: 5th June 2023 Applicant: Hermiston Securities Ltd Muir House Belleknowes Industrial Estate Inverkeithing KY11 1HY Agent: Zander Planning Ltd Clyde Office 2nd Floor 48 West George Street Glasgow G2 1BP Application Level: Major Application Contrary to Development Plan: No Ward: 16 Mossend and Holytown Frank McNally, Jim Reddin & Beth Baudo Representations: No letters of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed development meets the criteria set out in the strategic business centre policies contained within the North Lanarkshire Local Plan. As such the proposed development is considered acceptable in terms of its impact upon the surrounding industrial area. Page 79 of 110
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Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396. Planning Application: 23/00602/S42 Name (of applicant): Hermiston Securities Ltd Site Address: 51 Mcneil Drive Eurocentral Holytown ML1 4UR Development: Four Industrial Units to Accommodate Use Classes 5 & 6 with associated yard, access and landscaping (Section 42 application to vary Condition 1 of 19/01506/FUL to change design of Unit 2) Page 80 of 110
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Conditions and Reasons: 1. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. For clarity approved drawings include: AL (0)001 - Location Plan, AL (00)005 Rev F - Proposed Site Layout, AL(00)010 Rev H - Unit 1 General Arrangement, AL(00)011 Rev F - Unit 2 General Arrangement, AL(00)012 Rev D - Unit 3 General Arrangement, AL (00)013 Rev D - Unit 4 General Arrangement. Reason: To clarify the drawings on which this approval of permission is founded. 2. That BEFORE the development hereby permitted starts, except as may otherwise be agreed in writing by the Planning Authority, 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 and the development shall be implemented in accordance with the details approved under the terms of this condition. Reason: To ensure the provision of appropriate finishing materials in the interests of the visual amenity of the buildings. 3. That before the development hereby permitted starts, except as may otherwise be agreed in writing by the Planning Authority, 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. Reason: To enable the Planning Authority to consider these aspects in detail. 4. That before the development hereby permitted is operational, all the fences, or walls, as approved under the terms of Condition 3 above, shall be erected. Reason: In the interests of the visual amenity of the area and security for the site 5. That before any works of any description start on the application site, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents. 6. That any remediation works identified by the site investigation required in terms of Condition 5, 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 prior to the occupation of the unit 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 users of the site. 7. 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 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 and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site. Page 81 of 110
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8. That the SUDS compliant surface water drainage scheme approved in terms of Condition 7 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 9. That before the development hereby permitted starts, except as may otherwise be agreed in writing by the Planning Authority, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met in respect of providing the necessary site drainage infrastructure to serve the development. Reason: To ensure the provision of satisfactory drainage arrangements. 10. That before any of the units hereby permitted become occupied, all of the associated access roads, 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 access roads, parking and manoeuvring areas. Reason: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out on the highway. 11. That BEFORE the development hereby permitted starts, except as may otherwise be agreed in writing by the Planning Authority, a scheme of landscaping for all landscaped areas and all boundary treatments, 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, 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) A timetable for the completion of these works contemporaneously with the development. (d) Tree and boundary planting protection measures and detail which for clarity should include a drawing demonstrating restricted construction zone covering the site boundary planting. Reason: To enable the Planning Authority to consider these aspects. 12. That before the development hereby permitted is brought into use, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 11 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of completion of the development, shall be replaced within the following year with others of a similar size and species. Reason: In the interests of the environmental amenity of the area. 13. That before the development hereby permitted starts, except as may otherwise be agreed in writing by the Planning Authority, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed grassed, planted and landscaped areas detailed on the approved plans; (b) the proposed fences to be erected along the boundaries detailed on the approved plans. Reason: To enable the Planning Authority to consider these aspects. 14. That before the occupation of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 13 shall be in operation. Reason: In the interests of amenity. Page 82 of 110
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15. For the avoidance of doubt the structured landscaping on the north, south and east boundaries of the application site shall be retained. Reason: In the interests of the environmental amenity of the area. Background Papers: Consultation Responses: None required. Contact Information: Any person wishing to discuss this report should contact Ms Kirsten Devlin at DevlinK@northlan.gov.uk Report Date: 7th July 2023 Page 83 of 110
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APPLICATION NO. 23/00602/S42 REPORT 1. Site Description 1.1 The application site is undeveloped Plot H, McNeil Drive, Eurocentral, which is located near the western boundary of the Eurcocentral Industrial Estate. Eurcocentral is a well established strategic industrial, storage and distribution location. 1.2 The site, which is square in shape has an area of 41,390 m² and has formal landscaping along its north, south and eastern boundaries. 2. Proposed Development 2.1 Planning permission was approved for the erection of 4 industrial units with a combined floor area of approximately 14,437 m² to accommodate Class 5 (General Industrial) and Class 6 (Storage and Distribution) uses in June 2020. The proposal also included the formation of vehicular and pedestrian access, yard and parking areas and associated landscaping. The approved unit details are as follows: Unit 1 - 2745 m² Unit 2 - 2992 m² Unit 3 - 3923m² Unit 4 - 4777 m² 2.2 This Section 42 application is to vary Condition 1 of planning permission 19/01506/FUL which defines the list of approved drawings for the development required because of a change in the the design of Unit 2 by altering its shape. It will have the same floor area at 2992 m² but will be circa. 7.2 metres shorter and 5.7 metres deeper. 3. Applicant’s Supporting Information 3.1 None submitted or required. 4. Site History 4.1 The following applications have been received in connection with the application site: • 19/00387/PAN: Erection of Industrial Units to Accommodate Use Classes 5 and 6 with associated Yard Space, Access and Landscaping - Comments 26th August 2019 • 19/01506/FUL: Four Industrial Units to Accommodate Use Classes 5 and 6 With Associated Yard Space, Access and Landscaping – Approved 11th June 2020 5. Development Plan 5.1 North Lanarkshire Local Development Plan 2022 Purpose of Place Policy PP 2A applies and encourages large scale business users to locate to our Strategic Business Centres and safeguard their character from dilution by other inappropriate uses and support upgrading of premises, amenities, access, parking and green space. Policy AD 2A Amount of Development requires new development to be assessed for their implications related to the amount of development proposed and depends on a combination of use class, scale and location. Environmental and Design Qualities Policies EDQ 1 - 3 apply to all new development proposals. They are interlinked and assess the amount, location, impact and the quality/ design of the proposed development. Page 84 of 110
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6. Consultations 6.1 No consultations were required given the relatively minor changes to Unit 2. 7. Representations 7.1 No representations have been received. 8. 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. The development plan consists of National Planning Framework 4 (NPF4) and the Adopted North Lanarkshire Local Development Plan 2022. 8.2 National Planning Framework 4 NPF4 states Local Development Plans should allocate sufficient land for business and industry, ensuring there is a suitable range of sites to meet market demand. Policy 26 states proposals for business and industry uses on allocated sites will be supported. As this is an allocated site the application can therefore be determined against the policies in the North Lanarkshire Local Development Plan. 8.3 North Lanarkshire Local Development Plan 2022 Purpose of Place Policy PP 2A applies and encourages large scale business users to locate to our Strategic Business Centres and safeguard their character from dilution by other inappropriate uses. Strategic Business Centres offer a full range of Class 4 Business, Class 5 General Industrial and Class 6 Storage and Distribution sites with good locations for major rail/motorway connections. Eurocentral is a Strategic Business Centre and as such the proposal is acceptable in principle. Policy AD 2A Amount of Development requires new development to be assessed for their implications related to the amount of development proposed and depends on a combination of use class, scale and location. Class 4 Business, Class 5 General Industrial and Class 6 Storage and Distribution do not require the amount of development to be assessed and thus the proposal is acceptable. The approved units are in keeping with the character of this established business/industrial area and the minor alterations to Unit 2 are not considered to have any significant impact on the approved scheme. Environmental and Design Qualities Policies EDQ 1 -3 apply to all new development proposals and are addressed in turn below. Policy EDQ 1 (Site Appraisal): This policy requires a high quality of development by ensuring proposals integrate well into the surrounding area and avoid harm to neighbouring amenity. It also considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. The minor alterations are considered acceptable. Policy EDQ2 (Specific Features for Consideration): There are no Hazardous Zones and as such the policy is not relevant in this case. Policy EDQ 3 (Quality of Development): This policy requires high standards of site planning and sustainable design. The previously assessed aspects including transportation matters will not be affected by the proposed minor changes to the approved development. 8.4 The proposal accords with the relevant policies contained within the Development Plan. Page 85 of 110
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9. Conclusions 9.1 The proposed development, which involves a minor change to the dimensions of Unit 2, is considered to accord with the strategic business centre policies of the Development Plan and is considered acceptable in terms of its impact upon the site and surrounding industrial area. As such it is recommended that planning permission be granted subject to conditions. Page 86 of 110
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North Lanarkshire Council Report Planning Committee Does this report require to be approved? ☒ Yes ☐ No Ref Date 17/08/23 North Lanarkshire Local Development Plan 2 – Development Plan Scheme & Participation Statement From Pamela Humphries, Chief Officer (Place) E-mail laingg@northlan.gov.uk Telephone Gordon Laing, 07970018874 Executive Summary The purpose of this report is to seek Committee approval to undertake a consultation on the draft Development Plan Scheme & Participation Statement (DPS). The DPS will outline the Council’s programme for preparing and reviewing the next North Lanarkshire Local Development Plan (NLLDP2) and details when, how and with whom consultation will take place. The latter section is known as the Participation Statement, although this will form part of the same document (the DPS). The Council is now required to seek the views of, and have regard to any views expressed by the public at large as to the content of the Participation Statement. The DPS will be one of the first statutory stages in the new LDP process and will mark the start of preparation of NLLDP2. Following consultation, the document will be finalised and submitted to Planning Committee for approval and adoption. Thereafter it will be submitted to the Scottish Ministers, published online and a copy placed in all North Lanarkshire public libraries. Recommendations It is recommended that the Committee: 1) Notes that preparatory work is now underway for North Lanarkshire Local Development Plan 2. 2) Agrees to the carrying out of external consultation on the Draft Development Plan Scheme & Participation Statement. Following this, the comments will be considered and a revised final draft will be presented to the Planning Committee for approval and adoption. The Plan for North Lanarkshire Priority All priorities Ambition Statement All ambition statements Item 3 Page 87 of 110
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1. Background 1.1 The North Lanarkshire Local Development Plan (NLLDP) was Adopted in July 2022. The NLLDP sets out where development should and should not happen by guiding the future use of land at a local level. It is also a key consideration in the decision-making on planning applications. 1.2 The DPS (including Participation Statement) is an important communication tool setting out the programme for preparing and reviewing the LDP. The Council has a statutory duty to prepare and publish a DPS annually. 1.3 There have been recent changes to the planning system in Scotland, led by the passing of the Planning (Scotland) Act 2019 which sets out the future structure of the modernised planning system, including changes to the arrangements for the preparation of development plans. Subsequent secondary legislation The Town and Country Planning (Development Planning) (Scotland) Regulations 2023 and Local Development Planning Guidance came into force in May 2023. 1.4 The DPS sets out a timetable which anticipates that NLLDP2 will be on track for Adoption in advance of the Regulations and Guidance target of May 2028. 1.5 Section 20B(4A) of the Planning (Scotland) Act 2019 outlines that when preparing the DPS, planning authorities must seek the views of the public on what the content of the Participation Statement should be and have regard to any views expressed. 2. Report 2.1 The current DPS was approved by the Council in June 2022. Following the commencement of the Regulations and publication of Guidance in May 2023, we are now in a position to revise the DPS in line with these requirements. This will also signal the start of the new process for NLLDP2. The Council will use the Regulations and Guidance to help produce an engagement strategy that is inclusive of all stakeholders and ensures that we are engaging in the most effective way. 2.2 The Scottish Government is currently consulting on new guidance ‘Effective Community engagement in Local Development Planning Guidance: Consultation Draft’. This document provides details on potential stakeholders, including community- related groups to be included in consultation as well as guidance on engaging with children and young people. The Council will incorporate this guidance in the revised DPS where possible. 2.3 The revised DPS will include: • proposed timetabling, including timings for various key stages of NLLDP2 preparation, to be specified by the proposed year and financial quarter. Key stages to be covered are: publication of the Evidence Report; publication of the Proposed Plan; submission of the Proposed Plan to the Scottish Ministers; and expected adoption of NLLDP2. • details of what is involved in each stage; and • a Participation Statement, outlining when consultation is likely to take place, with whom and its likely form, including the steps to be taken to involve the public. Page 88 of 110
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Consultation Procedure 2.4 The Council’s shared framework for working with communities ‘A Framework for Engagement’, sets out clear principles and standards underpinned by national legislation and policy guidance including the Community Empowerment (Scotland) Act 2015 and the National Standards for Community Engagement. The overall approach to engagement will be shaped by these standards and we will strive to ensure that we work with all of our stakeholders to engage in the most suitable way. 2.5 As the planning authority, we are expected to seek the views of the public at large as to the content of the Participation Statement. This will include seeking views on who should be engaged at different stages and the best approach to involving people. Stakeholders can tell the planning authority how they think they can support the plan preparation and will be asked what the most effective forms of engagement with them are. 2.6 Following approval of the draft DPS, it is anticipated that the consultation will run for a period of 6 weeks to allow all potentially interested parties who wish to do so the opportunity to comment. The Council will also seek to publicise the consultation on social media platforms and the Council’s website to reach as wide an audience as possible, as well as placing an advert in the local papers and copies being made available to view in the libraries. 2.7 Following the conclusion of the consultation period, subsequent assessment of the responses and review of the DPS, a report will be submitted to the Committee for approval and adoption of the finalised Development Plan Scheme & Participation Statement for 2023. Thereafter it will be submitted to the Scottish Ministers, published online and a copy placed in all North Lanarkshire public libraries. 3. Measures of success 3.1 A consultation document which is adapted to engage with stakeholders in the most suitable way and used to ensure an effective consultation strategy has been implemented. Implementation of a statutory function, as required by the Planning (Scotland) Act 2019. 4. Supporting documentation 4.1 Appendix 1 – Draft Development Plan Scheme & Participation Statement 2023 Pamela Humphries Chief Officer (Place) Page 89 of 110
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 90 of 110
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☒ No ☒ If Yes, please provide a brief summary of the impact? The report sets out the communication and consultation requirements- which will be co-ordinated with the Corporate Communication and Communities teams within the council. 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 91 of 110
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North Lanarkshire Council Draft Development Plan Scheme and Participation Statement 2023 Enterprise & Communities Page 92 of 110
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Development Plan Scheme 1 What is a Development Plan Scheme (DPS)? A Development Plan Scheme (DPS) is an important communication tool which sets out the programme for the preparation of our next Plan - North Lanarkshire Local Development Plan 2 (NLLDP2) – and lets stakeholders know when and how they can get involved in the plan and keep informed of progress. This is reviewed and updated annually and is available to view on the Council’s website. The second part of this document also sets out a Participation Statement, outlining how, when and with whom the Council intends to engage and consult on NLLDP2. 2 The Statutory Development Plan for North Lanarkshire The Development Plan sets out where development should and should not happen by guiding the future use of land at a local, regional and national level. These plans are a key consideration in the decision-making on planning applications. Development planning in Scotland is undergoing significant change. Previously, the development plan consisted of the Strategic Development Plan (Clydeplan Strategic Development Plan) and the Local (Development) Plan (North Lanarkshire Local Plan 2012) as well as a suite of Supplementary Planning Guidance notes. Changes introduced by the Planning (Scotland) Act 2019 statutory Development Plan now consists of the National Planning Framework (NPF4) and the Local Development Plan (NLLDP) as demonstrated in figure 1. Figure 1. Statutory Development Plan/Related Plans (Local Development Planning Guidance, The Scottish Government) Page 93 of 110
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3 Existing Local Development Plan The Council adopted the North Lanarkshire Local Development Plan (NLLDP) in July 2022, replacing the North Lanarkshire Local Plan 2012. It contains a spatial strategy, proposals map, action programme for identified developments and schedule of the local authority’s land interests affected by Plan policies or proposals. It focuses on specific proposals for the period of 10 years from Adoption. NLLDP is integrated with Council and Partner statutory plans and strategies affecting the development of land. The Plan also identifies Supplementary Guidance (SG) to complement existing policy within NLLDP and provide further guidance on specific topic matters. Planning and Noise SG, Affordable Housing SG and Frontiers of the Roman Empire (Antonine Wall) World Heritage Site SG have been approved by the Council and await formal adoption through the relevant process. Education Contributions SG is currently being prepared by the Council. 4 New Local Development Plan & Changes The new development planning system has introduced a new process for the preparation of LDPs. The Local Development Planning Guidance 2023 outlines 3 key parts to the Local Development Plan process (also shown in figure 2 from the guidance) – Evidence Gathering of data and information to inform the Plan followed by a Gate Check by the Scottish Government, Plan preparation including production of a Proposed Plan and its Examination, followed by; Delivery including subsequent Adoption of the plan and a Delivery Programme as well as ongoing monitoring. Figure 2. LDP Process – Overview (Fig.4 of Local Development Planning Guidance, The Scottish Government) In addition, preparation of Local Place Plans, Strategic Environmental Assessment and other Appraisals/Assessments are also important statutory elements of an LDP. The requirement for the preparation of strategic development plans (SDPs) is removed and instead introduces the requirement for planning authorities, working alone, or in partnership with two or more planning authorities to form strategic partnerships, to prepare and adopt a Regional Spatial Strategy. A planning authority must adopt a Regional Spatial Strategy as soon as practicable after this part of the Act comes into force and the Government has the power to direct planning authorities to prepare and adopt such strategies. Regional Spatial Strategies will inform the NPF and Local Development Plans. The NPF and Local Development Plans are to be prepared at least every 10 years rather than every 5 years. Page 94 of 110
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A further significant change is the introduction of the right for communities to come together and prepare Local Place Plans (LPPs). Before preparing a Local Development Plan, a Planning Authority must invite local communities in their district to prepare LPPs, stating the date by which they must be prepared and details of the assistance available for local communities to prepare LPPs. In preparing its LDP the planning authority must have regard to LPPs. Other changes introduced by the Act includes requirements for Development Plans for the carrying out of Play Sufficiency Assessments and preparation of Open Space Strategies to inform the LDP. 5 North Lanarkshire Local Development Plan 2 Following adoption of the current NLLDP in 2022, preparation is now underway for NLLDP2. The table below (Table 1: NLLDP2 Indicative Timetable) outlines the proposed key stages alongside estimated timeframes for completion of each stage and what is required at each stage. It should be noted that the Gate Check and Examination process and time to complete each of these are outwith the Council’s control. Annual DPS updates will reflect any impact of these stages as they are completed. The stages outlined in Table 1 are those which are identified in the Scottish Government’s Local Development Planning Guidance. Technical Reports & Impact Assessments As part of the Evidence Report and its preparation, a wide range of topics will be covered. This will include preparing a number of technical reports to support the evidence base. This list of reports may include, but is not limited to: SEA Scoping Report Housing Infrastructure & Services Capacity Transport Appraisal Play Sufficiency Assessment Additional assessments will also be undertaken to support the NLLDP2 preparation. These will help to inform and be informed by the plan whilst under preparation and includes: Strategic Environmental Assessment; Equalities Impact Assessment; Public Sector Equality Duty Assessment; Fairer Scotland Duty Assessment; and Habitats Regulations Appraisal Table 1 below includes details of estimated timings for the SEA and additional assessments. In preparing the LDP the Council will also have regard to the following plans and strategies: - the national waste management plan - the national marine plan - any regional marine plan - any river basin management plan - any flood risk management plan - any local flood risk management plan - any regional transport strategy - any local transport strategy - any local housing strategy - any open space strategy; Page 95 of 110
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Table 1: NLLDP2 Indicative Timetable (stages as outlined in Local Development Planning Guidance) Stage 1 - Evidence Gathering Timetable* SEA Other Assessments Early Preparation Development Plan Scheme & Participation Statement preparation and adoption Invitation to local communities to prepare LPPs Start Quarter 2 2023 (July-Sept 2023) Evidence Report Gather and collate appropriate evidence Seek views of key agencies, children and young people, and the public at large in the preparation of the Evidence Report. Prepare Evidence Report Approval of Evidence Report by full Council Submission to the Scottish Ministers Quarter 1 2023 (April- June 2023) – Quarter 4 2024 (Jan-Mar 2025) Scoping workshop. Collect Environmental Baseline. Prepare Scoping Report. Submit Scoping Report to Consultation Authorities. Gate Check Scottish Ministers appoint person to assess Evidence Report. Gate Check of Evidence Report Requests for further information and / or hearings (where appropriate) If evidence considered sufficient, appointed person informs planning authority and Scottish Ministers If evidence not sufficient, appointed person prepares “assessment report” Quarter 4 2024 (Jan-Mar 2025) – Quarter 1 2025 (April-June 2025) Page 96 of 110
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Stage 2 - Plan Preparation Timetable* SEA Other Assessments Informing the Proposed Plan Develop spatial strategy incorporating an infrastructure first approach and considering NPF4 spatial principles Early engagement (call for ideas) Site assessment Start Quarter 1 2025 (April-June 2025) Identification and assessment of reasonable alternatives Site assessment Undertake transport appraisal Proposed Plan (Drafting) Preparation of Proposed Plan, including Spatial Strategy Delivery Programme: - Consult with key agencies, the Scottish Ministers and anyone named in the Programme during preparation - Approved by full Council before publication Proposed Plan approved by full Council. Start Quarter 1 2025 (April-June 2025) Assess any local policies. Prepare Environmental Report. Prepare required Assessments (as outlined above in section 5) Publication/Consultation Publish Proposed Plan, Evidence Report and Delivery Programme together. Consultation: - 12 weeks statutory minimum - consult with key agencies and Scottish Ministers - consult with Central Scotland Green Network Partnership (where appropriate) Quarter 1 2026 (April-June 2026) Consultation on Environmental Report alongside Proposed Plan. Publish transport appraisal and required Assessments. Page 97 of 110
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Modification Modification of Proposed Plan (where appropriate) and preparation of Modification Report TBC if required Quarter 2 2026 (July-Sept 2026) - Quarter 4 2026 (Jan-Mar 2027) Revise Environmental Report to reflect modifications and undertake further consultation, if required. Revisit and update assessments as appropriate. Examination Publish Proposed Plan and Modification Report (where appropriate) Preparation of summary of Unresolved Issues (Schedule 3) Where unresolved representations, appointment of person to examine plan Examination of Proposed Plan Preparation of Examination Report and Recommendations Modification of LDP as necessary Quarter 1 2027 (April-June 2027) – Quarter 2 2027 (July-Sept) 2027 Amend Environmental Report as required following Examination. Submit amended Environmental Report to the Scottish Ministers. Page 98 of 110
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Stage 3 - Delivery Timetable* SEA Other assessments Adoption/Publication Adoption of LDP by planning authority. Publish LDP Publish Report on Modifications or ‘Recommended Modifications Statement’ (where applicable) Adopt and publish Delivery Programme within 3 months of LDP being constituted Quarter 3 2027 (Oct-Dec) – Quarter 4 2027 (Jan-Mar 2028) Prepare Post Adoption Statement. Publish Post Adoption Statement Monitoring & Delivery LDP kept under review – monitor changes in characteristics, monitor impact of policies / proposals. Delivery Programme: - kept under review and updated at least every 2 years, or if the Scottish Ministers direct the authority to update it Housing Land Audit: - prepared annually by each planning authority Quarter 1 2028 (April-June 2028) – ongoing Monitoring * References to a “quarter” are to a quarter of the financial year (April- March) and means a period of three months ending at the end of June (“quarter 1”), at the end of September (“quarter 2”), at the end of December (“quarter 3”) or at the end of March (“quarter 4”) (The Town and Country Planning (Development Planning) (Scotland) Regulations 2023) 6 Timetable changes The previous DPS was prepared in 2022. During this time, the Local (Development Planning) (Scotland) Regulations 2023 and subsequent Local Development Planning Guidance 2023 came into force. The content of both has allowed for this DPS to be more focused in terms of timescales and more clearly identify the expectations for the preparation of NLLDP2. As a result of this, the proposed timetable within DPS 2022 has changed to that of the proposed timetable of the draft DPS 2023, with the overall timescale for adoption of NLLDP2 moving back a year to 2028. This is within the target date of within 5 years of the Regulations coming into force (May 2028), as outlined in the Local Development Planning Guidance. Page 99 of 110
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Participation Statement 1 What is a Participation Statement? Stakeholders, including the wider public, have an important role in shaping their Plan and their views are an important aspect in the preparation of the plan. This section will outline when consultation is likely to take place, who we propose to engage with and how we propose to undertake it. 2 Our consultation aims The North Lanarkshire Framework for Engagement reflects a commitment to working with communities across a range of engagement opportunities and approaches. The updated National Standards for Community Engagement reflect the developing policy and legislative context for community empowerment in Scotland. This includes 7 Standards, outlined in figure 3 as Inclusion; Support; Planning; Working Together; Methods; Communication; and Impact. These standards can be used for community engagement to develop a working relationship between the Council and community organisations to achieve positive outcomes. Our overall approach to engagement will be shaped by these standards and we will strive to ensure that we work with all of our stakeholders to engage in the most suitable way. This Participation Statement identifies the key stages where we will undertake consultation in the preparation of NLLDP2. At times there may also be other significant consultations underway by other organisations or other departments within the Council. We will aim to take account of these where possible to reduce consultation fatigue where the targeted stakeholders would result in a similar audience to that of the NLLDP2 consultations. Figure 3. National Standards for Community Engagement – 7 Standards Page 100 of 110
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3 Who can participate? The Council will aim to involve a wide range of stakeholders in the preparation of NLLDP2. Figure 4 identifies a range of stakeholders who we will aim to engage with and involve in the preparation of the plan. This is not exhaustive and we are keen to involve anyone who has in interest in the plan. 4 When and how will we participate with you? In Table 2 below we have identified the key consultation stages, when we will expect them to happen and who we wish to target. We have also indicated possible engagement methods, however, we would like you to engage with us by telling us how you would prefer to be consulted by the Council so that we can engage with you in the most effective way. As the Council progresses through the first stage of NLLDP2 preparation the consultation methods for publicity and engagement will develop and evolve depending on the nature of topics which require to be explored and the preferred methods and resources available for doing so. Figure 4: LDP stakeholders LDP Stakeholders Communities/ Community Councils National/ regional agencies & other organisations NLC internal services Infrastructure/ Service Providers Landowners/ Land Managers & Developers Businesses/ Investors Key Agencies Key groups e.g., Children & Young People Page 101 of 110
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Table 2: Participation Table LDP Stage 1 – Evidence Gathering Key Consultation Stage (When) (For specific timescales see Table 1: NLLDP2 Indicative Timetable above) Consultation Type & Purpose Consultees & proposed engagement methods (How and with whom) Preparing Development Plan Scheme & Participation Statement Inform and involve all stakeholders by seeking and having regard to views on the Participation Statement. Inform stakeholders that preparation for NLLDP2 is underway. • Consult stakeholders via Council social media platforms, Council website and email contacts on how to involve them. • Consultation with Community Boards • Issue request for those interested to register for updates via GovDelivery. • Provide dedicated webpage for consultation responses and further LDP information. • Finalise Development Plan Scheme & Participation Statement and publish online and hard copies in libraries. Inviting communities to prepare a Local Place Plan Inform/involve community bodies by inviting to prepare a local place plan as a means of involvement in the preparation of the Local Development Plan. • Issue invitations to prepare Local Place Plans to Community Councils and Community Bodies. • Provide information and contacts for communities on a dedicated Local Place Plans webpage and publicise. Preparing the evidence report Undertake early and proactive engagement with stakeholders to ensure collaborative and transparent evidence gathering in the preparation of the Evidence Report. Seek views of key agencies, key groups (such as children and young people), and the public at large in the preparation of the Evidence Report. • Internal Council services and elected member engagement to gather views/issues and available data and information via workshops and meetings. • Engage with key agencies, organisations, and other stakeholders to agree and gather key evidence. Possible meetings and/or workshops Page 102 of 110
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online or in-person. Grouping of particular topics may be helpful. • Engage with Community Boards, Community Councils and community groups to include their views about local places and assist aligning LDP/LPP engagement. Use of meetings and workshops alongside use of toolkits (such as Place Standard) to assist conversations and record information about local areas when consulting. • Target specific key groups (including disability groups and children and young people) to update on process and preparation of new LDP and capture views. Use of meetings and workshops alongside possible use of toolkits (such as Place Standard) to assist conversations and record information about local areas when consulting. • Present to Developer Forum to update and raise awareness of the process. • Social media and Councils website to publicise and update on progress and provide key documents/information. Gate Check Submit Evidence Report for gate check process. The appointed person leading the gate check may consult with certain stakeholders either in writing or through a hearing (this is only a consult where necessary stage) No consultation by the Council at this stage though submission of the Evidence Report and outcome of the gate check will be publicised online using the webpage, social media and an update emailed out to participants. Publish Evidence Report online. Page 103 of 110
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The Council will also take the opportunity to review the consultation and engagement methods used with a view to improve and adapt these where necessary for the next stage of NLLDP2 preparation and consultation. LDP Stage 2 – Plan Preparation Key Consultation Stage & Quarter (When) Consultation Type & Purpose Consultees & proposed engagement methods (How and with whom) Preparing the Proposed Local Development Plan Develop a spatial strategy building on the Evidence Report and undertake a Call for Ideas with all stakeholders to identify ideas and sites for consideration for the Proposed Plan. • Issue a call for ideas to stakeholders, to include an online consultation for identifying ideas/sites and submitting relevant context. • Engage with internal services, members and external stakeholders including those that are statutory and identified as key groups using workshops/meetings and online/digital resources. • Promote/facilitate the participation of young people including schools, youth councils and youth parliament representatives. Consulting on the Proposed Local Development Plan Publish the Proposed Plan (as well as Delivery Programme) and seek formal consultation responses. • Consult for a minimum of 12 weeks on the Proposed Plan, proposed Delivery Programme and Environmental Report. • Publish accompanying assessments including Equalities Impact Assessment, Public Sector Equality Duty Assessment, Fairer Scotland Duty Assessment, Strategic Page 104 of 110
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Environmental Assessment; and Habitats Regulations Appraisal. • Inform and consult with stakeholders and communities on the proposed plan allowing them to respond to the content of the plan. Possible events/meetings to publicise and present the proposed plan. • Undertake neighbour notification of sites proposed for development. • Consult with Key Agencies and the Scottish Ministers. • Consult directly with Central Scotland Green Network Partnership (aims currently being delivered by Green Action Trust). • Publish in local newspaper and online. Copies available in a planning authority office and public libraries in NLC. Modifying the Proposed Local Development Plan and Examination Following the consultation period, modifications can be made to the Proposed Plan. This can take account of: • representations made; • any matters arising from consultation with key agencies and the Scottish Ministers; and • any minor drafting or technical matters. • Issue an update on plan progress to all stakeholders and publish any Modification Report. • Advertise upcoming Examination in a local newspaper and public libraries and notify anyone who made representations during the formal consultation on the Proposed Plan. • The form of the Examination is at the discretion of the appointed person, for example it may be in public, a hearing or written submissions. Page 105 of 110
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LDP Stage 3 – Delivery (of the Plan) Key Consultation Stage & Quarter (When) Consultation Type & Purpose Consultees & proposed engagement methods (How and with whom) Adopting the Local Development Plan Inform people that the Local Development Plan has been adopted. Following adoption of NLLDP2: • send two copies to the Scottish Ministers; • publish it; • place a copy in any local public libraries; • notify anybody who commented on the Proposed Plan; and • place an advert in a local newspaper • Publish notification of Delivery Programme and make copies available (within 3 months of NLLDP2 adoption). Page 106 of 110
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5 How would you prefer to be contacted and involved? Table 2 above includes various proposed methods of engagement and publicising. Figure 5 pulls together a list of these suggested methods that we may use to keep you up to date and to consult with you on the preparation of NLLDP2. This is not exhaustive and whilst they are our suggested methods, we would like you to comment on or tell us how best to engage with you during the preparation of NLLDP2. We will aim to ensure that we will publicise key stages of NLLDP2 preparation as widely as possible, thereby informing the public at large of key consultation stages to be able to have views on and input to the Plan. Resources may also influence both input to the plan by stakeholders and the methods used to engage. Whilst more modern methods of engaging and providing information are increasingly undertaken online, it is recognised that not everyone may wish to engage in that way or indeed readily have access to such facilities. We will endeavour to provide alternative methods of consulting and engaging where possible. What is best way for us to keep you updated and involve you in the preparation of the Plan? Or what other methods would you suggest or prefer? Please see Section 7 below on how to comment on this. Figure 5: Contact methods Our dedicated webpage for LDP2 will contain up-to-date information and will provide an interactive method for engaging Social media platforms including Facebook and Twitter to post updates throughout the plan preparation process and links to further information Email for updates and invite to participate. Sign up for updates from NLC planning service here - www.public.govdelivery.com/accounts/UKNLC/subscriber/new Workshops & meetings can be set up at convenient times and locations to present face-to-face and have discussions Adverts will be placed in local newspapers at key stages in the plan process as well as documents placed in libraries Open drop-in or specific stakeholder events may be a method of engaging with the general public or targeted groups A more specific or targeted approach may be required for certain harder to reach groups Page 107 of 110
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6 Mediation The Planning (Scotland) Act 2019 introduced powers for mediation. Mediation can involve a range of techniques and is used to help build bridges between stakeholders and resolve issues of dispute. It is a voluntary process, generally between two parties, which can be facilitated by a third, independent party. Any requests for mediation will be considered and where necessary have regard to such requests in preparing the Participation Statement. Any potential use of mediation will be considered by the Council, having regard to the issue at hand and the possible benefits of the mediation and the involvement of other parties. 7 Comments and future participation This document is currently a draft and we are seeking the views of the public at large on the Participation Statement. We would like you to tell us the best way for us to engage with you to help us in preparing the new Local Development Plan. You can go online and give your views by completing our form at: www.pagetobecreated.gov.uk or you can email us with any comments at: yourplan@northlan.gov.uk If you would like to be kept up to date on the Plan as well as other aspects of the NLC planning service, please register here at Gov Delivery - https://public.govdelivery.com/accounts/UKNLC/subscriber/new For further information about the Local Development Plan please visit our website at www.northlanarkshire.gov.uk/planning-and- building/development-plans Page 108 of 110
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Glossary Delivery Programme A document, approved by full council, which sets out how the LDP will be delivered. Development Plan The statutory basis of planning decision making, comprising NPF4 and the LDP. Development Plan Scheme (DPS) A document setting out the planning authority's programme for preparing and reviewing their LDPs. It is a statutory document and communication tool that lets stakeholders know when and how they can get involved in the plan and keep them informed of progress. It must contain a Participation Statement (see below). Local Development Plan (LDP) A local development plan (LDP) is a plan in which it is set out, for land in the part of the district to which it relates: • a spatial strategy, being a detailed statement of the planning authority's policies and proposals as to the development and use of the land; • such other matters as may be prescribed; and • any other matter which the planning authority consider it appropriate to include. It forms part of the statutory development plan. Local Place Plans LPP is a community-led plan setting out proposals for the development and use of land and a community’s aspirations for its future development. Once registered they are to be taken into account in the preparation of the relevant LDP. National Planning Framework (NPF) Scotland’s fourth National Planning Framework (NPF4) is a long term plan looking to 2045 that guides spatial development, sets out national planning policies, designate national developments and highlight regional spatial priorities. It is part of the development plan, and so influences planning decisions across Scotland. Open Space Strategy (OSS) An open space strategy is to set out a strategic framework of the planning authority’s policies and proposals as to the development, maintenance and use of green infrastructure in their district, including open spaces and green networks. It must contain; an audit of existing open space provision, an assessment of current and future requirements, and any other matter which the planning authority consider appropriate. Participation Statement A document setting out the plan for engagement in the plan making process, including when consultation is likely to take place, with whom and its likely form. This will include the steps to be taken to involve the public at large. Play Sufficiency Assessment (PSA) A play sufficiency assessment is the assessment of the sufficiency of play opportunities for children in their area, carried out by a planning authority under the duty as set out in Section 16D(1) of the Town and Country Planning Scotland Act 1997, as amended. Must be done by the planning authority in preparing an Evidence Report. Page 109 of 110
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Regional Spatial Strategy (RSS) A long-term spatial strategy in respect of the strategic development of an area (or areas). It must specify the region it relates to and identify, in relation to the region: • the need for strategic development; • the outcomes to which the authority (or authorities) consider that strategic development will contribute; • priorities for the delivery of strategic development; and • proposed locations for strategic development, which must be shown in the strategy in the form of a map or diagram. Strategic Environmental Assessment (SEA) Strategic environmental assessment is a procedure to assess the environmental impact and sustainability of a proposed or existing policy, plan, or programme. Page 110 of 110