Planning Applications Index
North Lanarkshire Council · 18 August 2022
Back to Planning Committee — 18 August 2022 and its agenda
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North Lanarkshire Council Planning Applications for consideration of Planning Committee Committee Date: 18-08-2022 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved
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APPLICATIONS FOR PLANNING COMMITTEE 18th August 2022 Page No Application No Applicant Development/Site Recommendation 7-16 17-26 22/00145/FUL 22/00206/FUL McDonald's Restaurants Ltd Hermiston Securities Ltd Erection of restaurant (Class 3) including drive-thru lane (Sui Generis) and car parking, play frame, seating, landscaping, and associated works Land To The West Of Craiglinn Park Road Craiglinn Cumbernauld Erection of General Industrial/Distribution Warehouse Unit & Formation of Serviced Plot with Associated Access, Parking, External Plant, Engineering/Infrastructure Works Including Sub-Station Site To North Of 6 Condor Glen Eurocentral Holytown ML1 4UY Grant Grant 27-32 22/00688/FUL Mr Tommy Franzen Change of use of flat to serviced (self-catering) accommodation (in retrospect) 33 Lady Wilson Street Gartlea Airdrie ML6 9NE Grant
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Application No: 22/00145/FUL Proposed Development: Erection of restaurant (Class 3) including drive-thru lane (Sui Generis) and car parking, play frame, seating, landscaping, and associated works Site Address: Land To The West Of Craiglinn Park Road Craiglinn Cumbernauld Date Registered: 11th February 2022 Applicant: McDonald's Restaurants Ltd 11- 59 High Road East Finchley London N2 8AW Agent: Sarah Carpenter St Andrews Castle 33 St Andrews Street South Bury St Edmunds IP33 3PH Application Level: Local Application Contrary to Development Plan: No Ward: 02 Cumbernauld North Danish Ashraf, Calum Currie, Tom Fisher, Alan Masterton, Representations: 14 letter(s) of representation received including from Cllr Masterton and Craigmarloch Community Council. Recommendation: Approve Subject to Conditions Reasoned Justification: The principle of siting a restaurant (Class 3) including drive-thru lane (Sui Generis) and car parking, play frame, seating, landscaping, and associated works has been determined though application reference 20/00021/PPP. This application seeks permission for a revised design of the restaurant which reduces the scale and massing of the building and overall development site. It is considered that the proposal would comply with the principles of General Urban Area Policies, PP 3 (Purpose of Place) and AD 3 ‘Amount of Development’, as stated as it would complement the limited range of ancillary services in this location.
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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: 22/00145/FUL Name (of applicant): McDonald's Restaurants Ltd Site Address: Land To The West Of Craiglinn Park Road Craiglinn Cumbernauld Development: Erection of restaurant (Class 3) including drive-thru lane (Sui Generis) and car parking, play frame, seating, landscaping, and associated works
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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:- 04 rev A, 6227-SA-XXXX-OPL3, 7718-SA-8826-AL01 C, 7718-SA-8826-P102C, 7718-SA- 8826-P104C, 7718-SA-8826-P105, 7718-SA-8826-P106, EXTERNAL LIGHTING DETAIL, GOAL POST AND MCDIGIT COD CANOPY BROCHURE and PLAYFRAME BROCHURE. Reason: To clarify the drawings on which this approval of permission is founded. 2. That PRIOR to any works of any description being commenced on the application site, a comprehensive site investigation report incorporating mineral stability issues shall be submitted to and approved in writing by the Planning Authority. The investigation must be carried out in accordance with current best practice, 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 as part of the above report. Reason: To ensure that the site is free of contamination in the interests of the environmental amenity of the area. 3. That for the avoidance of doubt, any remediation works identified by the site investigation required in terms of Condition 2 above, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a responsible Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: In the interests of the environmental amenity of the area 4. Notwithstanding the terms of condition 1 above, before any works start on site, 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 and occupants adjacent to the development site. 5. That the SUDS compliant surface water drainage scheme approved under the terms of Condition 4 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans. Reason: To 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 occupants adjacent to the development site. 6. Notwithstanding the terms of condition 1 above, before any works start on site, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development. Reason: To ensure the provision of satisfactory water supply and drainage arrangements.
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7. Notwithstanding the terms of condition 1 above, the scheme of landscaping 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 o contemporaneously with the development of the site. Thereafter, the proposed landscaping shall be carried out in accordance with the terms of this condition. Reason: To ensure the provision of acceptable landscaping and footpath provision and to protect and enhance nature conservation. 8. Notwithstanding the terms of condition 1 above, before any works start on site, 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) proposed footpaths; (b) proposed parking areas; (c) proposed external lighting; (d) proposed grassed, planted and landscaped areas; (e) proposed fences or other boundary features. Reason: To ensure the implementation of the landscaping scheme and associated infrastructure features in the interest of amenity. 9. That before the development hereby permitted is first operational, the management and maintenance scheme approved under the terms of condition 8 shall be in operation. Reason: In the interests of visual amenity. 10. That except as may otherwise be agreed in writing with the Planning Authority, the details as prescribed in sections 2.5, 2.6 and 2.7 of the ‘Delivery Management Plan’ (23rd June 2022), shall be implemented and adhered to with regards to Vehicle Delivery Procedures, Driver Responsibilities and MacDonald’s Staff, during all deliveries to the herby approved restaurant (Class 3) including drive-thru lane. Reason: In the interests of traffic and pedestrian safety. 11. Notwithstanding the submitted details in terms of condition 8 above, prior to the above landscaping works taking place a scheme for biodiversity enhancement, such as incorporation of permanent nesting opportunities for birds and compensatory tree planting shall be submitted to and agreed in writing with the planning authority. The approved details thereafter shall be implemented, retained and maintained for their designed purpose in accordance with the approved scheme. The scheme shall include boundary hedgerow planting with native, wildlife friendly species, and shall include the following details: (a) Description, design or specification of the type of feature(s) or measure(s) to be undertaken. (b) Materials and construction to ensure long lifespan of the feature/measure. (c) Drawings/plans showing the location and where appropriate the elevation of the features or measures to be installed or undertaken. (d) When the features or measures will be installed and made available.
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Reason: To mitigate against loss of habitat and biodiversity and to support nature conservation. 12. Notwithstanding the terms of condition 8 above, before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 (2012) shall be erected along the drip line of the trees to be retained and shall not be removed without the approval in writing of the Planning Authority. Reason: To ensure the provision of acceptable landscaping and to protect and enhance nature conservation. 13. That if more than 12 months elapse before works of any description commence on site, unless otherwise agreed in writing with the planning authority, an updated ecological survey shall be undertaken on the site to determine the presence of any statutorily protected species. The report of survey shall thereafter be submitted to and approved in writing by the planning authority. The proposed mitigation works outlined within Section 5 (and specifically Sections 5.3 and 5.4) of the submitted Ecological Appraisal (Encon Associates 7 February 2022) shall be implemented in full during or at an appropriate time immediately after construction of the development. Documentary evidence of the implementation of this work shall be submitted to the planning authority to satisfy this planning condition. Reason: The submitted ecological survey was undertaken in February 2022 so is likely to be more than 12 months old when development takes place and in order to ensure that development complies with the Conservation (Natural Habitats etc.) Regulations 1994 (as amended), the Wildlife and Countryside Act 1981 (as amended), the Protection of Badgers Act 1992 (as amended), and the Nature Conservation (Scotland) Act 2004, it is necessary to undertake a further survey. Background Papers: Consultation Responses: Scottish Gas Network 04/03/2022 Environmental Health (including Pollution Control) 11/03/2022, 26/05/2022 & 06/07/2022 Traffic & Transportation 17/06/2022 Contact Information: Any person wishing to inspect these documents should contact Colin Bradley at 01236 632500 Report Date:5th August 2022
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APPLICATION NO. 22/00145/FUL REPORT 1. Site Description 1.1 This application seeks permission for the erection of a free standing, class 3 restaurant / Take- away / Drive-thru restaurant to a vacant brownfield site located between the ‘Craiglinn’ Roundabout and the ‘Back o Hill’ roundabout in the Broadwood area of Cumbernauld. 1.2 The site is currently open, untended grasslands featuring some trees which are generally considered not to be of high value and scrub like. There is an existing spur from the access road which is intended to form part of the access egress point of the proposed development. This access road serves an existing BP petrol station and ‘Broadwood Farm’ family restaurant and the access road links on to Craiglinn roundabout and the wider road network. 2. Proposed Development 2.1 It is intended to site a freestanding fast-food restaurant / takeaway / Drive-thru to the north-east of the site alongside drive-thru roadways, parking, access and egress points to the existing access roads, and wider road network. The application further seeks to provide safe and secure pedestrian movements within the site and the provision of play equipment for younger patrons. 2.2 This application has been preceded by a Planning Permission in Principle application, (reference 20/00021/PPP), for the same site, which was presented to, and approved by, committee on the 10th June 2021. The current proposed development measures 371m2 in- terms of the floor space associated to the restaurant and the overall parking allocation of 52 parking spaces. The Planning Permission in Principle sought a slightly larger footprint measuring 443m2 and featuring 66 parking spaces. 3. Applicant’s Supporting Information 3.1 This application has been supported by the following documents; Full suite of Drawings, Tree Survey Standard Patio Area Supporting Specification Cumbernauld Report Transport Statement Feb 22_Part1 Construction Environmental Management Plan Drainage Maintenance Plan Ecological Appraisal Survey Flood Risk Assessment Geotechnical And Geo-Environmental Report Supporting Statement Transport Assessment 4. Site History 07/01971/OUT Land At Craiglinn Park Road Craiglinn Cumbernauld G68 9JY Construction of a 90 Bed Residential Care Centre for the Elderly with 12 Sheltered Apartments, Car Parking, Associated Amenity Space and Facilities granted 17th March 2008 20/00021/PPP Drive through Restaurant with Associated Access, Infrastructure, Landscaping and Parking – Permitted by Committee 10th June 2021. 22/00146/ADV The installation of 4 no. Freestanding signs, 2 no. Banners, 1 no. Playland
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sign and 24 no. DOT signs. – running concurrently (delegated). 22/00147/ADV Advertisement of the following types : Fascia Sign, The installation of 6 no. Fascia signs, 3 no. Booth lettering and 1 no. 15" digital booth screen. – running concurrently (delegated). 22/00148/ADV Installation of a Freestanding Totem Sign. – running concurrently (delegated). 5. Development Plan 5.1 The Scottish Government confirmed on 5 July 2022 that the Scottish Ministers do not propose to issue a direction in respect of the adoption the North Lanarkshire Local Development Plan and that the Council can proceed to Adopt. Accordingly, the Plan has now been Adopted by the Council and became operative on 6 July 2022. Whilst it remains possible that there may be a legal challenge to adoption from objectors to the Plan, it is unlikely that any such challenge would relate to matters directly relevant to this application. 5.2 This application has received a total of 12 objection letters and as such needs to be reported to Planning Committee. 5.3 The site is now located within the General Urban Area Policies, (through policies PP 3 (Purpose of Place) and AD 3 ‘Amount of Development’), within the North Lanarkshire Local Development Plan (2022). These policies have the stated aim of seeking 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.” It is considered that this proposal is compliant with the principles of this policy as stated due to complementary nature of the limited range of ancillary services in this location. 5.4 Policies EDQ 1 Site Appraisal, EDQ 2 Specific Features for Consideration and EDQ 3 Quality of development from the North Lanarkshire Local Development Plan (2022) are also applicable to this application. Policy EDQ 1 states that ‘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.’ Policy EDQ 2 states ‘The Council will consider development in areas subject to hazards (Hazardous Zones) and other specific features (utilities infrastructure and management areas) identified in this Policy, in accordance with plans and protocols of the relevant managing agencies.’ Policy EDQ 3 states ‘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.’ Further discussion on these elements of the Local Development Plan shall be included at points 8.6, 8.7 and 8.8 of this report. 6. Consultations 6.1 NLC Protective Services have been consulted with regards to this application and have not sought to raise an objection to the proposal however they have requested that an intrusive site investigation be carried out on account of the site sitting above a previous landfill site and adjacent to a petrol filling station. This request has been carried through to this report as a planning condition requiring the submission of a site investigation report and any identified remediation measures implemented. 6.2 NLC Traffic & Transportation commented that the application should be deferred until such time as a Transport Assessment has been submitted detailing methods by which the site may be accessed without the use of a private car and the impacts that the development may have on the traffic flow at the ‘Back O’ Hill’ Roundabout. NLC Traffic and Transportation reviewed the Transport Statement supplied with the initial application package of materials and, given the extant Planning Permission in Principle removed their request to defer the application. Queries were also registered with regards to parking provision and swept path analysis in association to service vehicles. The principle of development for the proposed use is accepted through the
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PPP permission, (21/00021/PPP Committee date: 10th June 2021), however the detailed operation of the proposal is the subject of assessment in this report. 6.3 NLC Traffic & Transportation went on to state that some concerns over the layout, specifically with regard to the swept path analysis of the 16.5m delivery vehicle crossing some of the prescribed parking bays. These concerns were alleviated via the submission of a ‘Delivery Management Plan’ (23rd June 2022) whereby processes and procedures with regards to MacDonald’s deliveries are described and safety is maintained through the use of reservation cones and employees acting as banksmen to the delivery vehicles. This has been covered by condition 6.4 Scottish Gas Networks have been consulted and advised that the application site sits outside the gas distribution network. 6.5 National Grid Plant Protection have been consulted with regards to this application. To date no response has been received from this consultee. 7. Representations 7.1 A total of 14 representations have been received with regards to this development proposal. 12 letters sought to object to the proposal including one from Councillor Masterton and one from Craigmarloch Community Council. Two representations sought to offer their support to the proposal. 7.2 The representations seeking to object to the proposal cited congestion, litter, over-provision of fast-food outlets, health disadvantages and the fact that the site could be put to a use better benefiting the community and the erosion of available greenspace in the immediate vicinity. These topics were considered during the assessment of Planning Application Reference 20/00021/PPP when the principle of this type of development was approved. Nevertheless each of these aspects shall be considered in the following paragraphs. 7.3 Congestion; The applicant has submitted a revised Transport Assessment featuring swept path analyses, traffic flow projections, public bus stop locations, cycle route maps and an analysis of previous crash locations immediately adjacent to site along with the severity of the incident. A ‘Transport Statement’ has also been included in the package of materials submitted with regards to this application as has a ‘Delivery Management Plan’. NLC Traffic & Transportation have been consulted and did not seek to object to the proposal upon evaluation of the documents listed above. 7.4 Litter; The issue of littering is detailed within the supporting statement of this application whereby a minimum of 3 litter patrols per day are undertaken by staff from MacDonald’s Restaurants within 150m of the site. These litter patrols shall pick up any litter located, not just that associated to the restaurant within this area. This is not a matter for planning but will be addressed through other legislation (licencing/ environmental health) 7.5 Over Provision of Fast-food outlets; The use benefits from planning permission in principle and generally, other than in circumstances where unacceptable cumulative impacts on amenity arise (not the case in this instance) we do not consider the need for such development. This is not considered to be a material consideration. 7.6 Health disadvantages as opposed to alternative use encouraging a healthy lifestyle This is not a material planning consideration and the Planning Service can only determine applications submitted to us. This application benefits from a Planning Permission in Principle (20/00021/PPP) 7.7 Erosion of Greenspace in immediate vicinity; The site itself does not form part of any active travel network or core path and is not designated as a site with high nature conservation value however there is a Site of Importance for Nature Conservation adjacent to the site (St Maurice’s SINC) and the council’s Greenspace Development service advised during the planning permission in principle (PPP) application process that biodiversity enhancement on the site
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peripheral areas should be implemented. The PPP application (20/00021/PPP) required submission of details of potential biodiversity enhancements. An Ecological Appraisal submitted with the current application provides details of ecological mitigation and enhancements. A condition is included within this permission to address this issue. 7.8 The two letters seeking to support the application did not supply any reason beyond their opinion that ‘Cumbernauld has been needing a second MacDonald’s for a while’. This statement does not constitute a material planning matter. 8. Planning Assessment 8.1 In accordance with Sections 25(1) (a) and 37(2) 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 comprises the Strategic Development Plan (Clydeplan 2017) and the North Lanarkshire Local Plan (2022). 8.2 The development proposal floorspace excluding associated parking and other infrastructure at 371m2 gross floorspace is not of a strategic scale and can therefore be determined on the basis of local development plan policy. North Lanarkshire Local Plan 2022 8.3 With regards to the North Lanarkshire Local Development Plan (2022), the site is located within the General Urban Area Policies, (through Policies PP 3 (Purpose of Place) and AD 3 ‘Amount of Development)’. These policies have the stated aim of seeking 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.” It is considered that this proposal is compliant with the principles of this policy as stated due to complementary nature of the limited range of ancillary services in this location. 8.4 The proposal is also required to be considered with regards to Policies EDQ 1 (Site Appraisal), EDQ 2 (Specific Features for Consideration) and EDQ 3 (Quality of Development) of the North Lanarkshire Local Development Plan (2022). 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 Of the above matters which are viewed as relevant to the site I would comment as follows:
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massing, height, style, finishing materials - the proposal is considered as appropriate as it has a lesser scale and massing that the approved Planning Permission in Principle application, reference 21/00021/PPP, and shall not appear incongruous within the wider landscape, particularly given the offering of hot and cold foods from both the Public House and Petrol Station in very close proximity. mixture of uses in the Land Use Character Area – the proposal is and compatible with the existing land uses and offers a further option of hot food provision. 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 – the Council’s Traffic and Transportation service have already reviewed the proposal and did not wish to raise an objection. 8.6 Policy EDQ2 Special Features for Consideration does not generally apply as it refers to specific features on appeal site or within the proximity such as Health and Safety Executive Consultation Zones, Flood Risk, Air Quality/Noise Quality Management Areas. Where Policy EDQ2 would apply is in terms of Contaminated Land. Since the area of land proposed for the Erection of restaurant (Class 3) including drive-thru lane (Sui Generis) and car parking, play frame, seating, landscaping, and associated works, the Council Protective Services have been consulted and the Site Investigation and any remediation strategy are currently being assessed through a Peer-Review service, it is considered that this element of the plan is being complied with. 8.7 EDQ3 – Quality of Development – only permits development where high standard of site planning and sustainable design and development are achieved. Again, the planning authority assessment is that the proposal is appropriate in the proposed location due to the surrounding land uses. 8.8 It is acknowledged that hot food and drive through outlets can result in additional noise and litter however the pollution control service have expressed no objection on grounds of noise or odour nuisance. The proposal is at a location relatively remote from residential properties with existing commercial activity including for food consumption and the sale of alcohol (public house) immediately to the north, albeit that the restaurant/carvery nature of the public house is less likely to be associated with bad neighbour related issues than some forms of licensed premises. The design and layout of the development is considered acceptable in planning terms and appropriate landscaping will be required by way of planning conditions. 9. Conclusions 9.1 In conclusion, the principle of siting a restaurant (Class 3) including drive-thru lane (Sui Generis) and car parking, play frame, seating, landscaping, and associated works has been determined though application reference 20/00021/PPP. This application seeks permission for a revised design of the restaurant which reduces the scale and massing of the building and overall development site. It is considered that the proposal would comply with the principles of General Urban Area Policies, PP 3 (Purpose of Place) and AD 3 ‘Amount of Development’, as stated as it would complement the limited range of ancillary services in this location. Having assessed the proposal it is considered that the development accords with the development plan and notwithstanding the objections received it is recommended that planning permission be granted
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Application No: 22/00206/FUL Proposed Development: Erection of General Industrial/Distribution Warehouse Unit & Formation of Serviced Plot with Associated Access, Parking, External Plant, Engineering/Infrastructure Works Including Sub- Station Site Address: Site To North Of 6 Condor Glen Eurocentral Holytown ML1 4UY Date Registered: 28th February 2022 Applicant: Hermiston Securities Ltd Muir House Belleknowes Industrial Estate Inverkeithing KY11 1HY Agent: Alex Mitchell 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 development meets the criteria set out in the relevant policies contained within the North Lanarkshire Local Development Plan. The development can be accommodated without detriment to the Eurocentral Industrial and Business Park and wider surrounding area.
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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: 22/00206/FUL Name (of applicant): Hermiston Securities Ltd Site Address: Site To North Of 6 Condor Glen Eurocentral Holytown ML1 4UY Development: Erection of General Industrial/Distribution Warehouse Unit & Formation of Serviced Plot With Associated Access, Parking, External Plant, Engineering/Infrastructure Works Including Sub-Station
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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:- 9909(PL)220211-02, 9909(PL)220211-03, 9909(PL)220211-04C, 9909(PL)220211-05 A, 9909(PL)220211-06A, 9909(PL)220211-07 A, 9909(PL)220211-08 A, 9909(PL)220211-09 A, EURO-GOO-XX-XX-DR-C-708 PL1, EURO-GOO-XX-XX-DR-C-709, PL1, EURO-GOO-XX- XX-DR-C-500 PL3 and EURO-GOO-XX-XX-DR-C-501 PL3. 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, within 16 weeks of the date that planning permission is hereby granted 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, within 16 weeks of the date that planning permission is hereby granted, 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) carried out on the 30th June 2022 by Wild Surveys and associated report dated 5th of July 2022, 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.
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7. That the surface water drainage scheme as described in report titled Drainage Strategy Report produced by Goodson Associates dated 03.02.2022 and referenced P15262 -RP02 and as shown on approved drawing no. EURO-GOO-XX-XX-DR-C-0500 RevPL3 and associated drawings, shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant ClRlA Manual and the approved plans. Reason: To safeguard adjacent watercourses and groundwater from pollution. 8. 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. 9. That unless otherwise agreed in writing, the visibility splay requirement for both access points to the site shall be 4.5m x 90 m with a minimum kerb radii of 10.5 metres and that prior to commencement of work on site details of the proposed access points and pedestrian accesses shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt nothing above 1.05 metres shall be placed or planted above the adjacent road channel level within the visibility splays. Reason: To ensure satisfactory access arrangements to the site in the interests of vehicular and pedestrian safety. 10. 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. 11. 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. 12. 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. 13. 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.
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14. That the recommendations contained within the Site Investigation Report produced by Mason Evans dated December 2020 and referenced P20/268 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. 15. That unless otherwise agreed in writing all identified remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, as described in the Coal Mining Risk Assessment prepared by Mason Evans dated February 2022 and referenced P20/268 shall be implemented on site in full to the satisfaction of the Planning Authority. Furthermore, the remedial works shall be carried out in accordance authoritative UK guidance. Reason: To ensure the site is safe and stable for the proposed development. 16. 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 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. 17. That unless otherwise agreed in writing, within 16 weeks of the date that planning permission is hereby granted the applicant shall submit a Travel Plan for the written approval of the Planning Authority and shall thereafter be implemented to the satisfaction of the Planning Authority contemporaneously with the operation of the development hereby approved. Reason: To be consistent with the requirements of Scottish Planning Policy (SPP) and PAN 75 Planning for Transport. Background Papers: Consultation Responses: The Coal Authority received 07.04.22 and 28.07.22. Scottish Environment Protection Agency received 10.03.22. Traffic & Transportation received 22.07.22. Transport Scotland received 10.03.22. Environmental Health (including Pollution Control) received 29.04.22 and 28.06.22. NLC Greenspace 24.05.22 and 28.07.22. Scottish Water received 08.03.22. Contact Information: Any person wishing to inspect these documents should contact Paul Williams at 01236 632500 Report Date: 3rd August 2022
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APPLICATION NO. 22/00206/FUL REPORT 1. Site Description 1.1 The application site is located at the south western section of the Eurocentral Industrial and Business Park. The application site is ‘Site J’ within the Eurocentral masterplan. The site is bound to the north and west by existing business operations and directly to the south by an undeveloped site with a large site to the southwest across Condor Glen having Planning Permission for a large storage and distribution Centre (Ocado). The proposed developed site extends to 4.17 hectares and is generally square shaped with the arced eastern and western boundaries of Townhead Avenue and Condor Glen respectively. Overhead power lines run across the northern boundary of the site and beyond the southern boundary lies an undeveloped site which includes a balancing pond. The site consists of relatively flat scrubland with structure planting along the frontage boundaries with Condor Glen and Townhead Avenue and is fenced off with palisade fencing on its northern boundary with post and wire fencing on the other boundaries. 2. Proposed Development 2.1 Permission is sought to form a manufacturing facility, associated storage, plant and ancillary office accommodation covering a total internal floorspace of 9755 square metres over a single floor. The proposed building and associated access points from Condor Glen, circulation area, parking, landscaping and servicing areas take up the western two thirds of ‘Plot J’ leaving a residual part of the site which would likely require the proposed new access from Townhead Avenue to serve it for future development. 2.2 The proposed building is rectangular in plan and fronts onto condor Glen. It is approximately 180 metres long and 60 metres wide with a 12 metre eave height and a 16 metre apex height. The Office section of the building on the southern frontage would have an eaves height of approximately 5 metres. The building would be finished in grey/silver metallic contrasting cladding. Two access points are proposed. The southern access is for HGVs to enter and cars to enter and leave with the proposed new access to the north solely for HGVs to leave the site. 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:- Pre-application consultation report; Design and Access statement; Transport Statement; Drainage Strategy; Preliminary Ecological Assessment; Site Investigation; Coal Mining Risk Assessment; 3.2 In addition to the technical detail provided, the applicant has outlined that the proposed facility is for the relocation and expansion of a specific manufacturing facility currently outwith North Lanarkshire. 3.3 The Pre-Application Consultation report summarised the public consultation event took place on the 22nd of October 2021 and its online presence remained live until the 12th of November 2021. This attracted no public interest or feedback.
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4. Site History 4.1 The original masterplan for Eurocentral was granted under application no. 522/91 (outline) for a mixed development of distribution, industrial, business and ancillary uses incorporating the Scottish Euro Freight Terminal. This permission was subsequently amended in 2005 under application no. 05/00040/AMD and again in 2006 under application no. 06/01874/AMD to change the mix of use classes and increase the gross floorspace of some classes. 5. Development Plan 5.1 In terms of strategic planning policy, the application represents a strategic development in terms of Clydeplan 2017 (see schedule 14 - class 4 over 10 000m2). With regard to this site the relevant policy in the Clydeplan 2017 and schedule (Policy 5 & Schedule 3) still identifies this site as being a Strategic Economic Investment Location with a key identified role of Distribution and Logistics. Locations such as eurocentral are the city region’s strategic response to delivering long-term sustainable economic growth. This proposal being for a new manufacturing and distribution centre supports the vision and spatial development strategy of the Strategic Development Plan so the proposal can then be assessed against local plan policy. 5.2 The Scottish Government confirmed on 5 July 2022 that the Scottish Ministers do not propose to issue a direction in respect of the adoption the North Lanarkshire Local Development Plan and that the Council can proceed to Adopt. Accordingly, the Plan has now been Adopted by the Council and became operative on 6 July 2022. Whilst it remains possible that there may be a legal challenge to adoption from objectors to the Plan, it is unlikely that any such challenge would relate to matters directly relevant to this application. The North Lanarkshire Local Development Plan 2022 Identifies the site as being within a Business Centre and is part of a specifically identified development platform (NLC00007). Placemaking Policy PP2A (Strategic Business Centres) applies which specifically promotes the development of Class 4 Business, Class 5 General Industrial and Class 6 Storage and Distribution. Policy AD 2A relates to the amount of such development and in this case no assessment of the amount of development is required for the above uses. 5.3 Environmental and Design Policies EDQ 1 (Site Appraisal) and EDQ 3 (Quality of Development) are also relevant the assessment of the proposed development. 6. Consultations 6.1 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 relating to low surface stability risk. Mason Evans, the author of the CMRA has subsequently confirmed that previous remedial works have addressed this issue. As a consequence of this, the Coal Authority withdrew its objection. 6.2 The Scottish Environment Protection Agency offered Standing Advice. 6.3 Transport Scotland does not propose to advise against the granting of permission. 6.4 Scottish Water confirmed that there is currently sufficient capacity in terms of both water supply and foul drainage treatment. 6.5 NLC Greenspace advised that 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 on the 30th of June 2022. The associated PEA report was submitted and Greenspace has accepted its findings 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.
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6.6 NLC Environmental Health (including Pollution Control) asked for some clarification of certain aspects of the Site Investigation and associated report carried out and produced by Mason Evans dated December 2020. These issues have subsequently been clarified to the satisfaction of NLC Environmental Health (including Pollution Control). 6.7 NLC Traffic & Transportation has recommended that a Travel Plan and Transport Assessment be submitted. Also that there should be a minimum junction spacing of 40 metres between existing access points along Condor Glen and those associated with proposed development. NLC Transportation also expressed a preference that the frontage footpath be widened to 3 metres to help with multi-modal use and that the site would benefit from being part of a more strategically designed bus route and associated bus stop. NLC Traffic and Transportation has also recommended that a pedestrian link be provided from Condor Glen into the site to allow safe segregated pedestrian passage into the proposed building. NLC Traffic and Transportation has also indicated that the site would benefit from a more integrated bus service with associated bus stop but this would not be the responsibility of the developer to provide but for the Council and Strathclyde Passenger Transport to facilitate. 7. Representations 7.1 No letters of representation received as a result of Neighbour Notification. 8. Planning Assessment 8.1 Section 25 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. Strategic Development Plan 8.2 In terms of strategic planning policy, the application represents a strategic development in terms of Clydeplan 2017 (see schedule 14 - class 4 over 10 000m2). With regard to this site the relevant policy in the Clydeplan 2017 and schedule (Policy 5 & Schedule 3) still identifies this site as being a Strategic Economic Investment Location with a key identified role of Distribution and Logistics. Locations such as eurocentral are the city region’s strategic response to delivering long-term sustainable economic growth. Schedule 3 recognises that Eurocentral has been masterplanned to offer a range of serviced plots to accommodate production and distribution businesses. This proposal being for a new manufacturing and distribution centre supports the vision and spatial development strategy of the Strategic Development Plan so the proposal can then be assessed against local plan policy. The proposed development being a mix of Class 5 and 6 uses complies wholly with this strategic policy. Local Plan 8.3 The North Lanarkshire Local Development Plan 2022 Identifies the site as being within a Business Centre and is part of a specifically identified development platform (NLC00007). Placemaking Policy PP2A (Strategic Business Centres) applies which specifically promotes the development of Class 4 Business, Class 5 General Industrial and Class 6 Storage and Distribution. Policy AD 2A relates to the amount of such development and in this case no assessment of the amount of development is required for the above uses. Environmental and Design Policies EDQ 1 (Site Appraisal and EDQ 3 (Quality of Development) are also relevant the assessment of the proposed development. The proposed development being Class 5 complies wholly with this Placemaking policy. Landscape and Visual Impact 8.4 Due to the location and nature of the scale and massing of the proposed building it is considered that the proposed development does not raise any landscape and visual impact issues. Landscape and Ecology
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8.5 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. SPG 20 (Biodiversity & Development) requires that applicable developments demonstrate any risk and means for mitigation of Protected Species. 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. Flooding and Drainage 8.6 SPG 09 (Flooding & Drainage) 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 Report produced by Goodson Associates dated 03.02.2022. In order to suitably attenuate surface water in extreme flood events, it is proposed to use permeable surfaces and swales. An Assessment was carried out which concluded that the proposed development 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 8.7 A Ground Conditions Assessment was undertaken that concluded that the site contains no contaminated land or groundwater and the site considered very low risk as such, no remedial works were considered to be necessary at the site. The assessment also concluded that no remedial measures were required in terms of ground gas. 8.8 Protective Services concurs with the findings of the Site Investigation. 8.9 The coal mining risk assessment and intrusive site investigations identified has identified no mine workings within the site but has specified foundation construction standards to allow for the made up ground within the site. The report also concluded that there was a low risk of surface instability due to historical mine workings but that vigilance should be maintained for any unrecorded mine entries during site development. The Coal Authority concurred with the findings of the reports and requested a condition be imposed to secure the submission of a remediation strategy and implementation of remedial works and a condition is recommended in this respect. Building Design, Site Layout, and Boundary Treatment 8.10 It is considered that the proposed buildings have been sensitively designed in terms of siting, massing and finishing materials and as such, it is considered that the proposal complies with policies EDQ 1 and 3. Effect on the Road Network 8.11 Transport Scotland raised no objections to the proposals in terms of their impact upon the trunk road A8/M8. The Transport Statement which recommends the compilation of a Travel Plan which actively encourages and monitors alternative means of work travel including walking, cycling, and greater use of public transport. A condition is recommended in this respect. Overall, it is considered that the development can be accommodated without detriment to the trunk and local road networks.
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Access and existing frontage footpath 8.12 It is considered that the matters raised by NLC Transportation can generally addressed by the imposition of the appropriate planning conditions. Whilst the request for widening the existing frontage footpath is noted, it is considered that the associated works would be counter- productive and disproportionate to the proposed development as it would require the existing mature hedgerow and associated planting to be removed. In terms of junction spacing the 40 metre distance recommended cannot be met. However, a distance of approximately 35 metres from the proposed primary access and the nearest access to the consented Ocado access to the south can be achieved, which is considered to be acceptable in this case. Furthermore, an amended layout plan has been submitted which includes a pedestrian footpath link from Condor Glen to the proposed building 9. Conclusions 9.1 In conclusion, it is considered that the proposal accords with the development plan and represents a significant investment within North Lanarkshire Council and will activate a large area of Eurocentral into productive use. In light of the site attributes, it is considered that the development will be accommodated without detriment to the surrounding area. Accordingly it is recommended that planning permission be granted subject to conditions.
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Application No: 22/00688/FUL Proposed Development: Change of use of flat to serviced (self-catering) accommodation (in retrospect) Site Address: 33 Lady Wilson Street Gartlea Airdrie North Lanarkshire ML6 9NE Date Registered: 6th June 2022 Applicant: Mr Tommy Franzen Mount Lodge 2 - 84 Waldegrave Road Teddington TW11 8LH Agent: N/A Application Level: Local Application Contrary to Development Plan: No Ward: 09 Airdrie Central James Logue, Chris Costello, Lesley Jarvie, Janice Catherine Toner Representations: 9 letter(s) of representation received. Recommendation: Reasoned Justification: The proposed development meets the criteria set out in the relevant policies contained within the North Lanarkshire Local Development Plan 2022. The proposed use is considered to be acceptable subject to review and on the basis that the proposal will not detract from the residential amenity of the application site or the surrounding residential area.
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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: 22/00688/FUL Name (of applicant): Mr Tommy Franzen Site Address: 33 Lady Wilson Street Gartlea Airdrie North Lanarkshire ML6 9NE Development: Change of use of flat to serviced (self-catering) accommodation (in retrospect)
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Proposed Conditions:- 1. That the permission hereby granted is for a temporary period and shall expire on 18th August 2024. Reason: To enable the Planning Authority to fully determine the acceptability of the use at the location and to monitor any impacts on local amenity. 2. That the change of use 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. Reason: To clarify the details on which this approval of permission is founded. Background Papers: Consultation Responses: Environmental Health (including Pollution Control) received 09 June 2022 Traffic & Transportation received 16 June 2022 Contact Information: Any person wishing to inspect these documents should contact Miss Mary Ann Watson at Planningenquiry@northlan.gov.uk Report Date: 5 August 2022
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APPLICATION NO. 22/00688/FUL REPORT 1. Site Description 1.1 The application site is an upper floor flat located within a block of four flats. The site is located at 33 Lady Wilson Street, Gartlea. The site is surrounded by similar style properties. Further along the street towards the junction of Old Union Street and onwards it becomes more detached bungalows. 1.2 The flat has four bedrooms , shower room, kitchen and a lounge. No internal or external alterations are proposed. The site has no dedicated parking and there is no scope to provide any parking. This situation is similar with many of the flatted dwellings on the street. 2. Proposed Development 2.1 The proposed development is for the change of use of flat to serviced (self-catering) accommodation. The property would be fully managed by Klass Living Ltd. The applicant has submitted details of how the proposal will operate and is listed below: No parties would be allowed in the property and the company managing the premises will ensure that this is the case. Minimum number of nights rental is 7 The applicant is going to install a noise and crowd sensor. The noise sensor works by sending an alert to a registered phone to notify them of a said level of detected noise. The crowd sensor works by counting the number of wireless devices in a house and alerts the host if it exceeds a certain number. This is not a planning requirement for self-serviced accommodation but a choice that the applicant has made to do to ensure that neighbouring properties are not affected by noise. The agent will remind guests are reminded that the property is in a residential area and to keep the noise down to respect the neighbours. Bookings can be business related or for holiday makers or (for example) local families renovating their homes. Listings are currently available on Airbnb, Booking.com and TripAdvisor. The whole property would be let out on the same booking so it is not possible to let rooms out individually. There is a key safe at the property that the guests get a code for the day before they arrive. The property is professionally cleaned between every booking. 2.2 Bookings have been taken since 16 May 2022. The applicant was not aware planning permission was required and has submitted this application to rectify the situation. 3. Applicant’s Supporting Information 3.1 The applicant has provided details of how the proposal would operate and is detailed above in section 2.1 above. 4. Site History 4.1 No relevant site history. 5. Development Plan 5.1 The is site is covered by polices General Urban Area PP 3 Policy Purpose of Place, AD 3 Policy Amount of Development and Environmental and Design Qualities EDQ3 Policy Quality of Development. 10. Consultations
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10.1 Environmental Health have no comment to make at this time. 10.2 NLC Transportation have no objection to the proposal as they consider it unlikely that there would be a a material change in parking demand in comparison to the existing use. 11. Representations 7.1 Following the standard neighbour notification procedure and press advert 9 representations were received from local people. The matters raised can be summarised as follows: Parking Noise and disturbance Alterations to character of the area Increase in litter Owner not a local resident therefore difficult for him to deal with any issues 12. Planning Assessment 12.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 states that a planning application should be assessed against the relevant development plan policies unless material consideration indicate otherwise. In this case, the proposal is not of strategic significance and as such, should be assessed in terms of the relevant policies of the 2022 North Lanarkshire Local Development Plan. . 12.2 Policy PP 3 (General Urban Area) 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 on more mixed-use areas. 12.3 Policy EDQ 3 (Quality of Development ) states that development will only be permitted where high standards of site planning and sustainable design are achieved. 12.4 The proposal is for residential style use, albeit it is not permanent residency, and in this case the proposal is short-term letting accommodation. In principle therefore the proposed use it is considered an acceptable use subject to meeting the requirements in policy EDQ3 Quality of Development. 12.5 As noted above, NLC Transportation have no objection to the proposal as there would be unlikely to be a material change in parking demand in comparison to the existing use. The property has no on street parking and there is no scope to provide any. The parking demands placed on the area (as a result of the proposed use) will vary from week to week, however, it is not considered to cause any more of an issue compared with the use of the premises as a family home. 12.6 Protective Services had no comment to make on the proposal. It is acknowledged that there would be some noise from the property especially as its an upper floor however it is not considered to be any more of an issue than if the property was used a family home. The applicant has appointed Klass Living Ltd to manage the property on his behalf. It is common for people letting out properties for short-term accommodation to use management companies. The applicant has also stated that they are going to install crowd and noise sensor in the flat. Whilst not a requirement by way of the planning service, the attempt by the applicant to manage and control this potential issue is to be welcomed. 12.7 Representations received have been summarised in Section 7.1 and addressed below in section 8.8. It is acknowledged that the issues raised such as personal safety, neighbours being unsure of who is coming etc are important to local people however they are not considered to be material planning considerations. It is, however, acknowledged that short term lets can impact (sometimes negatively) on the wider character of an area, but in this case any impacts from one flat on the wider area is considered to be small and within acceptable limits. Looking at the more localised impacts of the use on immediate neighbours, although significant issues are not anticipated (as noted in para 8.5 and 8.6 above) it is standard practice for planning
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permissions to be issued for temporary period of 2 years to allow for a review of the situation and to take account of any issues that may become evident during that period. 12.8 Taking account of the above assessment, it is considered that the application accords with the 2022 Local Development Plan. 12.9 The matters raised in the representation letters are address as follows: Parking: Comment: Issues with parking have been addressed in Section 8.5. Noise Comment: Issues regarding noise and disturbance have been addressed in Section 8.6 Alterations to character of the area Comment: It is acknowledged that short term lets does have an impact on the character of the area and can be a problem where there is a concentration of similar uses in the one area however this is not the case for this application. Not safe environment Comment: Whilst issues relating to personal safety are important, they are not within the remit of planning legislation. Litter Comment: It is not considered that proposal will cause an increase in litter. Whilst issues relating to rubbish are important they are not within the remit of planning legislation. The owner would not be on hand to deal with tenant’s problems or problem tenants. Comment – The applicant has appointed Klass Living Management to manage the property on his behalf. Any issues with noise or anything they will deal with. Objector does not support the application in any way and will be seeking advice on how to appeal any approval. Comment – There is no third right party of appeal. Material Consideration 8.7 The Scottish Government confirmed on 5 July 2022 that the Scottish Ministers do not propose to issue a direction in respect of the adoption the North Lanarkshire Local Development Plan and that the Council can proceed to Adopt. Accordingly, the Plan has now been Adopted by the Council and became operative on 6 July 2022. Whilst it remains possible that there may be a legal challenge to adoption from objectors to the Plan, it is unlikely that any such challenge would relate to matters directly relevant to this application. 13. Conclusions It is considered for the reasons above that the proposal complies with polices PP3 (General Urban area) and EDQ3 (Quality of Development) in the North Lanarkshire Local Development Plan 2022. The proposal is considered to be acceptable subject to future review and on the basis that the proposal will not detract from the residential amenity of the application site or the surrounding area.