Agenda pack
North Lanarkshire Council · 15 September 2022
Back to Planning Committee — 15 September 2022 and its agenda
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Our Ref: Your Ref: Contact: Tel: Fax: E-Mail: Date: Mark Hamill 07811294702 hamillm@northlan.gov.uk 6 Sep 2022 Members of the Planning Committee Chief Executive’s Office Archie Aitken Head of Legal & Democratic Solutions Civic Centre, Windmillhill Street Motherwell ML1 1AB DX 571701, Motherwell 2 www.northlanarkshire.gov.uk Notice is given that a Meeting of the PLANNING COMMITTEE is to be held within the Council Chamber, Civic Centre, Motherwell on Thursday, 15 September 2022 at 10:00 am which you are requested to attend. The agenda of business is attached. Head of Legal and Democratic Solutions Members : Councillors: B Baudo, A Beveridge, G Brennan, B Burgess, A Bustard, A Campbell, M Coyle, S Coyle, G Currie, K Docherty, A Duffy-Lawson, T Johnston, G Lennon, J Logue, H Loughran, F MacGregor, P McDade, C McManus, F McNally, D Robb, N Shevlin, A Smith, A Stubbs, L Stubbs and G Woods. Page 1 of 47
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AGENDA (1) Declarations of Interest in terms of the Ethical Standards in Public Life Etc. (Scotland) Act 2000 (2) Planning Applications Index (page 5 - 46) Submit Planning Application Index (copy herewith) (3) Notice of Planning and Enforcement Appeal Lodged (page 47 - 48) Submit report by the Head of Planning and Regeneration advising of one planning and enforcement appeal lodged (copy herewith) Members Training Following Conclusion of the Meeting (4) North Lanarkshire Local Development Plan Page 3 of 47
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North Lanarkshire Council Planning Applications for consideration of Planning Committee Committee Date: 15-09-2022 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved AGENDA ITEM 2 Page 5 of 47
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APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE 15th September 2022 Page No Application No Applicant Development/Site Recommendation 7-19 21/01258/PPP Taylor Grange (Garrion) Ltd Residential Development (in Principle) and in Detail for Infrastructure (Initial Access Road Extent, SUDS, and Drainage) Land At Garrion Bridge And Horsley Brae Overtown Grant (P) 20-30 22/00413/FUL Lumonics Developments LLP & Tulchan Developments Ltd Development of 5 units suitable for Class 5 and 6 Use with ancillary Class 4 Use, earthworks, landscape works, access and associated development. Land At Woodside Eurocentral Holytown Grant 31-37 22/00697/FUL Underdog Pets Ltd Change of use from a Business Use to a dog grooming facility with ancillary uses including a small shop, a training academy for dog grooming, a self service dog washing facility and the manufacture of dog related products The Co-operative Group Ltd 70 Grayshill Road Westfield Cumbernauld G68 9HQ Grant 38-45 22/00840/FUL Mr Martin Moore Detached Single Storey Dwelling Land To Rear Of 8 Whitehill Farm Road Stepps Refuse (P) 21/01258/PPP - Should committee be minded to grant planning permission, the decision notice should not be issued until a Legal Agreement is concluded to secure education contributions. Page 6 of 47
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Application No: 21/01258/PPP Proposed Development: Residential Development (in Principle) and in Detail for Infrastructure (Initial Access Road Extent, SUDS, and Drainage) Site Address: Land At Garrion Bridge And Horsley Brae Overtown North Lanarkshire Date Registered: 9th August 2021 Applicant: Taylor Grange (Garrion) Ltd 122 Colmore Row Birmingham B3 3BD Agent: Holder Planning 139 Comiston Road Edinburgh EH10 5QN Application Level: Major Application Contrary to Development Plan: No Ward: 21 Wishaw Bob Burgess, Fiona Fotheringham, Jim Hume, Frank McKay, Representations: 8 letter(s) of representation received. Recommendation: Approve subject to conditions Reasoned Justification: The proposal is considered acceptable in principle and accords with the policies of the North Lanarkshire Local Development Plan. Note to Committee: If the Council is minded to grant planning permission, a Legal Agreement between the Council and the applicant is required to ensure that local education impacts are mitigated. This should be concluded before planning permission is issued. Page 7 of 47
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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: 21/01258/PPP Name (of applicant): Taylor Grange (Garrion) Ltd Site Address: Land At Garrion Bridge And Horsley Brae Overtown North Lanarkshire Development: Residential Development (in Principle) and in Detail for Infrastructure (Initial Access Road Extent, SUDS, and Drainage) Page 8 of 47
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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 the following drawing numbers which relate to aspects approved in detail, including SUDS, access from A71 Horsely Brae and waste water treatment and drainage:- 20437 (CWA-B1-ZZ-DR-A)-0300 03 Location plan 20437 (CWA-B1-ZZ-DR-A)-0301 01 Existing site plan 20437 (CWA-B1-ZZ-DR-A)-0302 01 Demolition plan 21089-RLL-21-XX-DR-C-013 P7 Site Access 21089-RLL-21-XX-DR-C-4000 P3 Refuse tracking 21089-RLL-21-XX-DR-C-2005 P05 Attenuation Pond 1 21089-RLL-21-XX-DR-C-2006 P05 Attenuation Pond 2 21089-RLL-21-XX-DR-C-2007 P05 Attenuation Pond 3 21089-RLL-21-XX-DR-C-2008 P05 Attenuation Pond 4 21089-RLL-21-XX-DR-C-3002 P1 Typical Attenuation Pond Wall and Details 21089-RLL-21-XX-DR-C-2011 P2 Waste Water Treatment Plant South 21089-RLL-21-XX-DR-C-2010 P3 Waste Water Treatment Plant North Reason: To ensure the permission is carried out in accordance with those details parts of the planning application. 2. That before development of each phase of works starts, a further planning application for Approval of Matters Specified in Conditions (MSC) shall be submitted to the Planning Authority in respect of the following matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (over and above those approved in condition 1) (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of equipped play areas, or details of financial contributions (e) the provision of public open space; (f) the details of, and timetable for, the hard and soft landscaping of the site; (g) details for management and maintenance of communal areas, including the proposed scheme of disposal of foul drainage. (h the design and location of all boundary walls and fences; (i) the provision of drainage works (over and above those approved in condition 1) (j) the disposal of sewage; (k) details of existing trees, shrubs and hedgerows to be retained; (l) details of existing and proposed site levels; Reason: To comply with the provisions of the Town & Country Planning (Scotland) Act 1997 as amended. 3 That unless otherwise agreed in writing with the Planning Authority, and subject to the conditions of this permission, the proposed development shall reflect the content of the design and access statement (submitted 30 November 2021) and detailed plan for the access set out in drawing. In particular, the development shall be designed to accord with the following: (a) The access to the development shall be undertaken as set out by drawing 21089-RLL- 21-DR-C-013 P7 (b) The internal road layouts should be in accordance with the principles of ‘Designing Streets’ as published by the Scottish Government. (c) Car Parking shall be provided on the following basis: (i) Detached & Semi-detached: 1 or 2 bedrooms = 2 spaces, 3 or 4 bedrooms = 3 spaces; 5+ bedrooms = 4 spaces; (ii) Mid Terrace Houses: 2 spaces; (iii) Flats: 1 or 2 bedrooms = 1.5 spaces, 3 or 4 bedrooms = 2 spaces (iv) Visitor Spaces :0.3 spaces per dwelling. Page 9 of 47
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Reason: To define and ensure delivery of all key aspects of the permission. 4. That BEFORE any works of any description start, unless otherwise agreed in writing with the Planning Authority, a comprehensive intrusive 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 and this strategy will include details of the schedule for validation reporting to confirm that the remediation works have been carried out before houses are occupied. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents. 5. That applications for Matters Specified by Condition (as per condition 2 above) shall be accompanied by a Noise Mitigation Measures Report which updates and supplements the report submitted by SLR dated July 2021. This shall include details of all mitigation measures which ensures that the recommendations of the SLR report are complied with and may include the need for additional noise assessment. Thereafter, the Noise Mitigation Measures Report (as approved) and its recommended measures shall be incorporated within detailed submissions (as per condition 2 and other conditions attached to this permission). Reason: in the interests of future residents of the development. 6. That prior to development being carried out on site (except for remediation site clearance and demolition) full details of the proposed surface water drainage scheme shall be submitted to the said Authority. For the avoidance of doubt the drainage scheme must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant CIRIA Manual and other advice published by the Scottish Environment Protection Agency (SEPA). Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater, and in the interests of the amenity and wellbeing of existing and future users adjacent to and within the development site respectively. 7. That the SUDS compliant surface water drainage scheme approved in terms of Condition 6 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the completion of each residential phase, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the requirements of Condition 8 above. Reason: To safeguard any adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future users. 8. That prior to development being carried out on site (Except for remediation site clearance and demolition), unless otherwise agreed in writing with the Planning Authority, the applicant shall provide written confirmation to the Planning Authority that the requirements of SEPA can be fully met with regards to the proposed means of foul drainage. This shall include details of all necessary approvals and licences from SEPA (including CAR Regulations). Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection. 9. That PRIOR to the commencement of any dwellings, the applicant shall provide written confirmation to the Planning Authority that the requirements of Scottish Water can be fully met and that suitable infrastructure can be put in place to support the development. Reason: To ensure the satisfactory provision of Scottish Water apparatus. Page 10 of 47
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10. That should 12 months or more have lapsed between the date of ecological surveys being carried out on the site and works starting on site, updated protected species survey(s) shall be undertaken to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority. As a result of the study, should any remediation measures be required for the relocation/protection of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Nature Scot before works commence on the site. Reason: In the interests of the protection of natural habitats and protected species. 11. That before any works commence on site (including site clearance works) ,an updated tree survey and hedge survey shall be carried out and information on protection measures that shall be in place shall be submitted to and approved in writing by the Planning authority and thereafter implemented as required. For the avoidance of doubt 15m buffer zone is required from the tree belt at the south of the site (identified as W8 in the Tree Survey dated 28 July 2021). No tree removal shall be undertaken unless expressly approved by the planning authority. Reason: In the interests of the conservation value and visual amenity of the site. 12. That prior to any works commencing on site (including any site clearance works) a Working Method Statement in respect of any required relocation of voles shall be submitted to the Planning Authority for its approval and there after implemented as agreed. This shall take account of the Vole Outline Mitigation Strategy (June 2022). Reason: To ensure compliance with the Wildlife and Countryside Act (1981) as amended. 13. That prior to the development of the relevant phase of development, a Construction Method Statement shall be submitted to and approved by the Planning Authority. For the avoidance of doubt, the Construction Method Statement shall cover: Details of how the development will be phased Details of the location of site compound and management facilities, ensuring adequate provision within the site for all vehicles Details of construction access, parking and manoeuvring areas. Reason: To ensure suitable mitigation of impacts during the construction phase. 14. That prior to the development of the relevant phase of development, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved by the Planning Authority. In the interest of clarity, the CEMP should adequately characterise the risks that the construction works pose to the water environment or the key environmental receptors and incorporate detailed pollution prevention and mitigation measures for all construction elements potentially capable of giving rise to pollution during all phases of construction and reinstatement after construction in line with SEPA guidance. Reason: To ensure suitable pollution prevention measures are in place prior to construction to minimise pollution risks arising from construction activities in order to protect the water environment and ecological interests of the River Clyde and other areas of ecological interest. 15. That prior to any works starting on-site (including site clearance works) a detailed Dust Mitigation Plan for the construction period shall be submitted for the written approval of the Planning Authority. For the avoidance of doubt this shall reflect the findings of the Air Quality Assessment by SLR dated July 2021. Page 11 of 47
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Reason: In the interests of residential amenity. 16. No development shall take place within the development area until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation which has been submitted by the applicant, agreed by the local Archaeology Service and approved by the Planning Authority Reason: In the interests of proper archaeological practice agreed schedule of validation reporting confirming that any required works have been carried out in accordance with the terms of the Remediation Strategy. 17. Prior to any works starting on site a scheme for an intrusive site investigation shall be submitted for the written approval of the Planning Authority to establish any risks posed to any development by past coal mining activity Reason: to protect the public and environment in mining areas 18. That any remediation works identified by the intrusive site investigations required in terms of Condition 17 shall be carried out to the satisfaction of the Planning Authority. This document shall confirm the methods and findings, in addition to the required remedial works/mitigation necessary to address the risks. Thereafter a certificate (signed by a suitably qualified professional) shall be submitted to the Planning Authority confirming that the appropriate measures have been undertaken. Reason: to protect the public and environment in mining areas 19. That detailed submissions shall (where appropriate) take account of the findings and recommendations of the Ecological Impact Report (April 2022) and associated reports and surveys. Reason: in the interests of nature conservation and enhancement. Background Papers: Consultation Responses: South Lanarkshire Council Traffic & Transportation Environmental Health (including Pollution Control) NLC Greenspace NLC Education Scottish Gas Network Scottish Power Environmental Planning Scottish Water Health and Safety Executive Historic Environment Scotland Archaeology Service The Coal Authority Contact Information: Any person wishing to inspect these documents should contact Leigh Menzies at 01236 632500 Report Date: 5th September 2022 Page 12 of 47
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APPLICATION NO. 21/01258/PPP REPORT 1. Site Description 1.1 Planning permission in principle is sought for residential development on land off Horsley Brae (A71), Overtown however full details have been submitted in respect of the access to the site, SUDS and waste water treatment. 1.2 The site lies to the south of Horsley Brae and is bounded to the north by an area of generally open land and comprises mainly of concrete bases of two former greenhouses and those of other from buildings, along with the standing remains of a third greenhouse. To the west a belt of mature trees with land extending to the eastern bank of the River Clyde with some existing residences at this location. To the south and south-east is the River Clyde with open space beyond. Located centrally is the Garrion Tower, which is a listed building, but this land is not part of the proposal. 1.3 Further to the west is the Garrion Bridge, while Garrion Bridges Garden Centre lies to the north. To the north east is a mature wooded area. 1.4 The application site itself covers a large area which comprises of concrete bases of former buildings used for green houses, former farm buildings, wooded areas and open areas of rough grass. Also included is an access route to the A71. The site slopes slightly downwards towards the south west, but is lower in level than the proposed access from Horsley Brae and higher than the River Clyde to the south. 2. Proposed Development 2.1 As noted above, planning permission in principle is being sought for a residential development, an indicative number of houses has been proposed at 150. This is reflected through the various supporting information. The proposed residential element of the development is not proposed for the full area outlined in red. The residential element is proposed to be located in areas that have the concrete platforms of former buildings. The wooded area and rough grassland is proposed to supplement the residential element through the provision of SUDS, play areas, waste water treatment and relocated wildlife. 2.2 Access would be provided by a new dedicated access (priority junction) off Horsley Brae. This would include the access itself, but also works on the existing road network in terms incorporating the access and providing right turn storage provision and footways. 2.3 While some design details have been provided in the supporting information, this has been to assist assessment of the principle of development. Matters of capacity, internal layout and design would still be subject to a further detailed planning application. 2.4 Although submitted in principle, the applicant has asked that details be approved for the site access, SUDS ponds and disposal of foul drainage. Normally foul; drainage would be directed to the local main sewer but this is 2km away and would involve significant cost and infrastructure. The developer has proposed two on-site drainage treatment facilities and (subject to SEPA approval) would discharge into the River Clyde. 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: Air quality assessment Archaeological assessment Page 13 of 47
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Coal mining risk assessment Design and assess statement Ecology appraisal Flood risk assessment Noise assessment Planning statement Site investigation Transport assessment Street engineering review Transport assessment Tree report Pre application consultation report 4. Site History 4.1 :00/00790/OUT Tourist Initiative Incorporating - Tourist/Rambler Information Centre, Craft Workshops and Retail Outlets, Commercial/Business Units, Hotel with Reception and Banqueting Facilities, new and rehabilitated Housing Development Application - Refused July 2004. 4.2 15/01812/PPP: Residential Development with Associated Vehicular Access (Planning Permission in Principle) – Withdrawn June 2016 5. Development Plan 5.1 Regarding the residential portion of the proposal the following policies are relevant within the North Lanarkshire Local Plan 2022 Policy PP3 Purpose of Place (General Urban Area) AD3 Amount of Development PROM LOC3 Housing Development Sites which has identified the area as having a capacity of a total of 114 units. EDQ 1, 2, 3 assess the Environmental and Design Qualities 5.2 In addition to the above the outlying areas of the site (where no residential properties are proposed) PP4 Purpose of Place (Green Belt) is relevant. 5.3 PROM4 LOC4 Special Landscape Areas which covers the whole site. 6. Consultations 6.1 The following consultation responses have been received in respect of the application. 6.2 NLC Education have highlighted that there would be capacity pressures with the projected pupil product from this proposed development. In planning terms, due to the direct impact of this pressure on the local school network it is appropriate that a contribution is made should the Council be minded to grant planning permission. In this instance a developer contribution of £618,321.59 has been indicated based on 150 houses being built on the site. This would require to be the subject of a legal agreement. 6.3 NLC Traffic and Transportation Following discussions between the applicant and NLC Traffic and Transportation, amended plans have been submitted. Based on these adjusted plans, NLC Traffic and Transportation have now indicated that their concerns have now been addressed. 6.4 NLC Pollution Control raise no objection to the application but make comments on Page 14 of 47
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construction impacts, the requirement for a Site Investigation (and remediation where required) and dust suppression measures. Where appropriate these matters can be addressed by conditions. Details of noise mitigation measures are sought in respect to any impact on the development from traffic noise on the A71. 6.5 NLC Greenspace raise no objection to the application. A habitat survey has been submitted with the application and this raises no reasons for refusal. Notwithstanding this, conditions are required in respect of water vole which have been found within the site and relocation is required should the development go ahead. Due to the layout proposed in principle it should be possible to undertake this within the site boundary. 6.6 Historic Environment Scotland was consulted however they only provide comment in relation to developments near A listed properties. Garrion Tower is B listed. a. Scottish Water have indicated that the is current sufficient capacity for water to the development but there is no waste water capacity. The required conditions would be placed on any approval requiring that this dealt with in detail at the next stage of the process. b. SP Energy Networks have no objection to the proposal. c. Coal Authority have advised that based on the coal report submitted as part of the application there is medium to high-risk shallow coal seams/workings. Given this further investigations require to be carried out on the site. This would be conditioned to be part of any future detailed application. d. NLC Archaeology comments indicated that although there may be no impact on the setting on the surrounding area, however it is recommended that a ground breaking evaluation be undertaken due to a range of known archaeological mitigation in the development area. This can be dealt with through the use of the appropriate conditions. e. South Lanarkshire Council have provided comments due to the close proximity of the site to the boundary and also due to the ongoing longer term improvements at the Garrion Bridge. Based on the original plans it was requested that the decision be deferred while seeking clarification. However, since these comments were received, adjustments have been made to the plans for the access and a further response indicated that there were no further comments. f. SEPA have not objected to the application but have advised that as the site would not be connected to a public waste water system and as such there will require to be stringent discharge conditions, but that there does appear to be an environmentally acceptable way of treating the proposed drainage. SEPA were satisfied with the developer’s claim that there would no adverse impacts relating to flooding or air quality. 7. Representations 7.1 Following the carrying out of the statutory notification and press advert 8 letter(s) of representation were received along with a representation from Overtown and Waterloo Community Council. These comments are summarised as follows: Over development of the wider area in in respect of proposed housing with capacity already being reached. Concern for road safety due to Impact on Horsely Brae road through to the creation of a new access, over capacity of the existing road network and additional impact of further disruption due to the development. Page 15 of 47
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Over subscription of local schools in Overtown and other facilities for the community The local wildlife and the habitat requires to be preserved as it is local attraction along with the preservation of flora and fauna. The development would threaten and destroy this along with the local scenery. Concern about other physical infrastructure including water and drainage Restrict further development which is not bringing employment to the area, which would help reached zero targets. Local community council has not been given sufficient time to respond and that no notification was undertaken on social channels or through the local paper. A roundabout should be considered to serve the Garden centre and the development. Inclusion of a roundabout would improve the situation in the wider area. 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. 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 in terms of the Strategic Development Plan (Clydeplan 2017). As such, it can therefore be assessed in terms of the recently adopted local development plan policies. The area for the residential area of the site is primarily zoned under Policy PP3 Purpose of Place (General Urban Area) and more specifically PROM LOC3 Housing Development Sites in the North Lanarkshire Local Plan 2022. While there is an existing access which serves the Garrion Tower, the applicant has proposed a new dedicated access as part of the application. The reason for this relates to the requirements to allow for the creation of a safe access within the current road network. Development Plan: 8.2 Firstly, in terms of the primary PROM LOC3 Housing Development Sites zoning of the site for the residential development is actively supported. The proposed development is therefore considered acceptable in principle. 8.3 With regard to policy AD3 Amount of Development the site is identified for housing development with a combined allocation within the plan of 114 units. Given the detailed assessment below of the various elements of the proposal it is considered that the site has the physical capacity to accommodate the projected 150 units (subject to further detailed assessment) and is considered to be acceptable in principle. 8.4 PP4 Purpose of Place (Green Belt) is also relevant as the areas adjacent to the residential development, which lead down to the river Clyde, will be retained along with established features such as tree belts and hedgerows, these areas are designated as Greenbelt. A series of paths will also be provided for public use. The residential element to be developed would be restricted to the area previous containing buildings and greenhouses commercial in size and nature. 8.5 PROM4 LOC4 Special Landscape Areas is also relevant over the whole of the site. The residential element of the development would be undertaken within an area that was previously commercial with buildings and concrete slabs still in situ. The applicant has indicated through the Landscape and Visual Impact Assessment and other documents that a significant portion Page 16 of 47
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of the existing trees belts and hedgerows will be maintained, these will help to screen the development. It is considered that the mitigation proposed by the developer will allow for acceptable integration into the surrounding area, through the retention of natural features surrounding the area, and within, along with the proposed sympathetic integration of SUDS ponds and underground water treatment in areas to the south and east. 8.6 The proposed development also requires to be assessed against EDQ 1, 2, 3 assess the Environmental and Design Qualities. With regard to Policy EDQ1 (Site Appraisal), the proposed residential element of the site has been brought forward and forms part of the housing land supply (as an identified housing site), and therefore complies broadly in this regard. Further detailed consideration regarding design would be undertaken in any follow up application. 8.7 In terms of Policy EDQ2 (Specific Features for Consideration), in this instance the designation as a Special Landscape Area is relevant and given the matters discussed in 8.5 above it is considered the overall proposal is acceptable. 8.8 Policy EDQ 3 (Quality of Development) requires proposals to only be permitted where high standards of site planning and sustainable design are achieved. Proposals require to be assessed against a set of criteria. Based on the information submitted so far, along with the proposed conditions and also the ability to assess subsequent detailed proposals, it is considered that this policy has been complied with. 8.9 The applicant has submitted a Design and Access Statement which provides information with respect to site analysis and the potential design concept. Also identified are the policies and standards that would be relevant to the assessment of any detailed proposal going forward. For an application for Planning Permission in Principle, this review is therefore seen as appropriate. It is noted that the indicative layout exceeds the anticipated capacity set out in the Local Plan (with 114 units illustrated). In considering this matter, it is acknowledged that the layout is indicative layout there is limited detail on any proposed finished form and that any detailed proposal would remain to be assessed in a subsequent detailed application. Overall, following the policies and standards for design identified by the applicant in their Design and Access Statement, it is accepted that an appropriate nature of development within the site could be achieved subject to conditions should permission be granted. Furthermore, this could be taken forward to ensure nearby listed buildings and the enhanced landscape designation is respected. It is further acknowledged that appropriate ecology assessments have been carried out identifying that in principle, development could also proceed. On these matters it is considered that the application complies with policy EDQ 3. a. Energy Resources and Sustainable Development 8.10 In terms of sustainable development, it is acknowledged that the site’s inclusion for development purposes has followed the local development plan process relative to housing land supply requirements and the strategic aims of planning policy for the Clyde Valley region. b. Air Quality, Noise and Pollution Impacts 8.11 With regard to noise, pollution and air quality, following consultation with NLC Protective Services and SEPA and consideration of their response, the nature and scale of development is such that specific studies have been required with anticipated impacts not preventative of development. Should the committee be minded to grant permission appropriate conditions could be attached in order to ensure any future detailed application considers noise impact from the local road network, and similarly in respect to Site Investigation. c. Drainage and Water Body Status Page 17 of 47
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8.12 As an allocated site, these technical matters could be addressed through conditions (should the committee be minded to grant permission) and in any detailed layout. However detailed information regarding the waste water treatment has been provided as there is no public provision in this area and found to be acceptable. d. Impact on Local Amenity 8.13 In considering the location of the site in relation to neighbouring residential properties, it is accepted that subject to conditions (should the committee be minded to grant permission) a layout and design could be developed without significant adverse impacts on neighbouring amenity in respect to sunlight/daylight, levels and privacy. The actual detail of any detailed application would be assessed at that time. 8.14 In light of all of the above, it is considered that the proposed development, subject to conditions (should the committee be minded to grant permission) could satisfactorily accord with Policy EDQ 1 and 3. Consultations: 8.15 In terms of the consultation responses received, it is considered that the outstanding matters which have not been covered earlier in this report could be suitably addressed by way of planning conditions or advisory notes attached to any permission. It is highlighted that investigation in respect to protected species has been carried out. Following assessment it is considered that there are no matters that would preclude the granting of planning permission in principle, and that planning conditions can address ongoing requirements. Representations: 8.16 In response to the grounds of representation, these are summarised as follows and the respective responses should be noted: Objection Comments Over development of the wider area in in respect of proposed housing with capacity already being reached. Response: It is appreciated that there are other developments in the area however the local development plan process has been undertaken and the new LDP adopted with the residential areas identified for housing development. Concern for road safety due to Impact on Horsely Brae road through to the creation of a new access, over capacity of the existing road network and additional impact of further disruption due to the development. Response: NLC Roads have indicated that the most recent plan regarding the proposed access has addressed any concerns that they may have had. In addition, details of the proposed creation of the access will be required along with details to assist in ensuring that the impact of construction traffic is kept to a minimum. Over subscription of local schools in Overtown and other facilities for the community Response: NLC Education have highlighted that this development would place capacity pressures on the schools and any approval would require a developer contribution to allow for mitigation. The local wildlife and the habitat requires to be preserved as it is local attraction along with the preservation of flora and fauna. The development would threaten and destroy this along with the local scenery Page 18 of 47
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Response: The applicant has included reports that address the matter of any protected species on the site. As highlighted above NLC Greenspace has assessed the available information and has no objection to the development. Further information and surveys will be required at the detailed planning stage to supplement the information provided. Concern about other physical infrastructure including water and drainage. Response: Although the residential element of the application is in principle details have been provided. Scottish Water have indicated that there is sufficient capacity to connect to the water supply. However, there is no waste water treatment provision in this area and no scope to provide this. The application looks to provide this as part of the development within the site. SUDS will also be incorporated into the development Restrict further development which is not bringing employment to the area, which would help reached zero targets. Response: The application site is already zoned for residential development following adoption of the North Lanarkshire Local Plan which has undertaken a formal assessment and consultation. Local community council has not been given sufficient time to respond and that no notification was undertaken on social channels or through the local paper. Response: The statutory requirements in connection with the notification of the application were undertaken, in respect of neighbour notification and within the circulation of the weekly list of applications. I General Comment: Although not objecting to the principle of the development concern was raised on how this development would impact the road network which now has a 40mph speed limit. A roundabout should be considered to serve the Garden centre and the development. Inclusion of a roundabout would improve the situation in the wider area. Response: The access to the site is a crucial element to the assessment. NLC Roads assessed the proposals that were made and initially indicated that the proposal was not suitable due to adequate access to the site for pedestrians and cyclists, in addition sightlines, junction radii were sub-standard. Following further discussions with the applicant a subsequent altered proposal has been submitted and has addressed these concerns. In terms of a roundabout should this become an option this can be assessed at a future time. 9. Conclusions 9.1 The proposed development accords in principle with many of the criteria set out in the North Lanarkshire Local Plan (most notably the site being allocated for residential development) the applicant has also been able to demonstrate an acceptable form of access relating to junction spacing and safety. Such an access, it is considered, would not result in detrimental impact on road safety and congestion at this location. The objections raised have been noted, however, it is considered that these are in relation to the final design and are insufficient to prevent the planning permission being agreed in principle. These objectors shall have the opportunity to comment on the precise placing of buildings within the site upon the submission of detailed submissions. It is therefore recommended that planning permission in principle be granted subject to conditions and a legal agreement to address the matter of education mitigation. Page 19 of 47
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Application No: 22/00413/FUL Proposed Development: Development of 5 units suitable for Class 5 and 6 Use with ancillary Class 4 Use, earthworks, landscape works, access and associated development. Site Address: Land At Woodside Eurocentral Holytown Date Registered: 1st April 2022 Applicant: Lumonics Developments LLP & Tulchan Developments Ltd, Lumonics House Valley Drive Swift Valley Industrial Estate, Rugby CV21 1TQ Agent: Albert Muckley Ironside Farrar Ltd 111 McDonald Road Edinburgh EH7 4NW Application Level: Major Application Contrary to Development Plan: No Ward: 16 Mossend And Holytown Frank McNally, Jim Reddin, Beth Baudo, Representations: 0 letter(s) 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 2022. The development can be accommodated without detriment to the Eurocentral Industrial and Business Park and wider surrounding area. Page 20 of 47
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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: 22/00413/FUL Name (of applicant): Lumonics Developments LLP & Tulchan Developments Ltd Site Address: Land At Woodside Eurocentral Holytown Development: Development of 5 units suitable for Class 5 and 6 Use with ancillary Class 4 Use, earthworks, landscape works, access and associated development. Page 21 of 47
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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: 19099 P0002F (Site Plan Revision F), 19099 P0054 (Proposed Footpaths to Site Boundary), 50863-41-001-P02 (Road General Arrangement Overview), 50863-44-002-P03 (Visibility Splays); Drawings 19099 – P000 (with the following final either two or three digits:1A (Location Plan), 2C, 3B, 4A, 5A, 6A, 7A, 8B, 9A, 10A, 11A, 12A, 13B, 14C, 15A, 16A, 17A, 18B, 19A, 20A, 21A, 22A, 23B, 24A, 25A, 26A, 27A, 28B, 29B, 30B, 31B, 32B, 34B, 35B, 36B, 37B, 38B, 39B, 40B, 41B, 42B, 43B, 44B, 45B, 46B, 47B, 48B, 49B, 50B, 51B;Drawings 50863-27 002 P04,50863-27--003 P03, 50863-33-007 P02 (Sheets 1-4); 50863-33-008 P02, 50863-33- 009 P02, 50863-33-010 50863 -33- 011 P02, 50863-001 P01. (Revised Landscape Drawings) 64019- IFL-ZZ-XX-DR-P-00_001 Rev S4-P03; 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 and design statement, 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 full updated details of the scheme of landscaping as outlined in drawings 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) confirmation of the scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) confirmation of the existing trees and hedgerows 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. e) updated details of the Planting Plan, Planting Schedule, Tree Protection Plan and Tree Works where these differ from those previously submitted. 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 the 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 and its future maintenance 5. That unless otherwise agreed in writing, within 16 weeks of the date that planning permission is hereby granted, confirmation of proposed boundary fencing as previously 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. In addition, the applicant shall submit further details of fencing measures and confirm final location of both proposed fencing and of bird and bat boxes to the planning authority for written approval to allow further opportunities for movement of wildlife species to augment those measures already submitted. Reason: To enable the Planning Authority to consider these aspects in detail in the interests of health and safety and as mitigation for loss of existing wildlife habitat. Page 22 of 47
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6. That should development not have commenced within one year of the date of the Ecological Assessment (EA) dated 31st March 2022 by Ecos Countryside Services LLP and subsequent Addendum report (26th May 2022), an updated EA shall first be submitted to, and approved in writing by the Planning Authority. Should this further 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 North Lanarkshire Greenspace Development and Scottish Natural Heritage if required by legislation prior to works commencing on the site. Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007. 7. That the surface water drainage scheme as described in report titled Orchard Park Drainage Strategy (Ironside Farrar March 2022) 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 as outlined in the Scottish Water consultation response dated 8th March 2022 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, before the development is completed the applicant shall implement the following necessary road and transportation measures for the approval of the planning authority. a) A crossing assessment on Townhead Avenue to determine whether the introduction of additional crossing facilities are necessary. b) A Travel Plan with SMART objectives for the travel plan providing information packs, car share spaces and how non-motorised users can be encouraged to use the facilities. c) Those measures proposed in the Transport Assessment dated 30th March 2022 by consultants SWECO as subsequently updated by Transport Assessment (Addendum Report) dated 10th August 2022 and the relevant transportation drawings mentioned at condition 1 above. d) Secured and covered cycle parking and electric vehicle charging points (with ducting for additional spaces shall be as previously discussed the council’s Roads and Transportation service and shall be subject to written approval by the Planning Authority. Reason: To ensure satisfactory access, circulation and parking arrangements for the site in the interests of vehicular and pedestrian safety and to comply with necessary Scottish Government planning and transportation guidance. 10. That unless otherwise agreed in writing by the Planning Authority, before commencement of development, details of the finishing materials for the development’s 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 47
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11. The recommendations from the submitted ground investigation report (Rev A) (Ironside Farrar 6th June 2022) shall be implemented including where unacceptable risk or risks have been identified in terms of ground stability, gas penetration or other matters and shall include a detailed remediation strategy for the risks identified as part of the above report. The remediation strategy report shall be subject to peer review and subject to written approved by the planning authority. Reason: To ensure the ground is suitable for the proposed development. 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 LAeq 73dB or NB 68 at 3m from all external plant areas between 07.00 hours and 23.00 hours and N.R.C. 25 at all other times. The arrangements for each plant unit should be confirmed in writing for approval by the planning authority. 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 to address potential dust or other potentially adverse impacts 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. 14. 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, and as described at Section 8.2 of the Phase 1 Coal Mining Risk Assessment prepared by Ironside Farrar and dated March 2022 and 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. 15. 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. Background Papers: Consultation Responses: National Grid Plant Protection NLC Environmental Health (including Pollution Control) NLC Greenspace NLC Traffic & Transportation Scottish Environment Protection Agency Scottish Gas Network Scottish Water The Coal Authority Transport Scotland Page 24 of 47
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Contact Information: Any person wishing to inspect these documents should contact Mark Forrest at Planningenquiry@northlan.gov.uk Report Date: 3rd Sept 2022 Page 25 of 47
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APPLICATION NO. 22/00413/FUL REPORT 1. Site Description 1.1 The application site is located at the most north-western section of the Eurocentral Industrial and Business Park and is 17.1 hectares in area. The site is bound to the north and west respectively by the M8 motorway and the main north-south Motherwell to Coatbridge railway line. To the east and south are existing parcel and freight distribution facilities. To the immediate south east and partially within the proposed development site is a section of the Site of Importance for Nature Conservation (SINC) The proposed development site extends over a length of 770m north to south and on average 150 -200m from east to west. An existing road network formed as part of the original Eurocentral planning permission granted in 1992 includes an access road extends along Woodside Road to the eastern edge of the application site and is currently used by neighbouring businesses. The site is relatively flat and currently consists of grassland fields with woodland along the eastern boundary. 2. Proposed Development 2.1 Permission is sought to form five large warehouse buildings with associated circulation roads, freight, employee and visitor parking, office space (5%), landscaping and other associated infrastructure. The buildings would comprise a total internal warehouse floorspace of 31,156 sqm with 1639 sqm associated office space. There would be 37 HGV loading docks overall for freight delivery/distribution and parking provision for 450 cars (including disability provision) across the five units. This shall include a significant level of electric vehicle charging points. Planning use classes 5 and 6 are defined as General Industrial and Storage and Distribution respectively. Use class 4 in this instance refers to ancillary/supporting office accommodation 2.2 The proposed buildings are rectangular in shape and vary in height from 14m for the lowest building up to 18m at apex of the roof ridge of the tallest. Roofs are not flat but have a gradual incline. The height and design of the warehouses are appropriate for a location such as the Eurocentral business park. The facility is proposed to be operated 24 hours per day and 7 days per week. The applicants specialise in provision of distribution facilities and the application is speculative for use by future occupiers. 2.3 As a result of the development proposal woodland will be removed from 0.97ha of the Site of Importance for Nature Conservation’s overall 5.67 ha – a loss of 17%. A landscape strategy for the overall site proposes amenity grassland and wildflower grass meadow planting, individual trees and larger copse areas of mixed native woodland. The matter of loss and proposed mitigation is discussed further in the consultation responses section of this report below. 3.0 Applicant’s Supporting Information 3.1 The applicant has submitted a comprehensive body of information which has allowed detailed consideration in respect of the following supporting information. Site Location, Layout Plans and Elevations. Design and Access Statement Landscape Strategy Drainage Strategy Ecological Impact Assessment Pre-Application Consultation Report Coal Mining Risk Assessment – Phase 1 Report Planning Supporting Statement Transport Assessment and Addendum Air Quality Impact Assessment Social Economic Statement Noise Impact Assessment Page 26 of 47
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Tree Report Ground Investigation Report Ecological Report Addendum Supplementary Statement Regarding Site of Importance for Nature Conservation Landscape Strategy updated drawings. 3.2 The Pre-Application Consultation report summarised the public consultation event which took place online between the 25th February and 14th March 2022 providing details of the proposed development. The site was visited 25 times by 20 different people and no public comments were received/lodged as part of the consultation. 4. Site History 00/00341/CAAD Application for Certificate of Appropriate Alternative Development in Respect of Use Classes 4, 5 and 11 00/01118/ADV Installation of Two Advertisement Hoardings (In Retrospect) 01/01509/OUT Development Incorporating Classes 4, 5 and 6 97/10051/OUT Construction of Two Retail Warehouses (18,580sq m and 13,935 sq m) Car City Complex (Sales Repairs and Servicing); Petrol Filling Station; Hotel; Travel Lodges; Fast Food Outlet and Restaurant 97/10656/FUL Construction of 24m Telecommunications Mast with 3 Antenna and 1 Microwave Dish 05/00989/OUT Development Incorporating Class 4, 5 and 6 (Renewal of S/01/01509/OUT) 08/00250/OUT Development Incorporating Class 4, 5 and 6 (Renewal of S/05/00989/OUT) 11/01442/FUL Formation of a 130m Length of Access Road (including Drainage and Other Infrastructure) from Woodside Road to Land South of Orchard Farm 12/00686/PAN Proposal of Application Notice for Variation of Conditions 1 (Phasing for Future Development), 2, 3 (Extended Timescale of Permission) and 5 (Access Details) of Outline Planning Permission 08/00250/OUT 12/01195/PPP Variation of Conditions 1,2,3 and 5 of Planning Permission 08/00250/OUT to Extend the Time Period by 5 years for the Submission of Matters Specified in Conditions to Allow for the Phased Approval of Details, Phased Development of the Site and to Incorporate Access Road to the Site from Woodside, Eurocentral 15/00893/TPO Removal of trees to construct access road 18/00009/MSC Erection of Commercial Development (Class 4, 5 and 6) with Associated Access 19/01675/FUL Temporary Storage of Soil For Reuse Locally on the Mossend International Railfreight Park (In part retrospect from December 2017) 20/00015/FUL 40.00m High Lattice Telecoms Tower 21/01369/FUL 40.00m High 5G Telecoms Lattice Tower to be installed on Concrete Base and Associated Works 22/00413/FUL Development of 5 units suitable for Class 5 and 6 Use with ancillary Class 4 Use, earthworks, landscape works, access and associated development. 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 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 Page 27 of 47
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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. 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 commented based on their own existing information and the Coal Mining Risk Assessment provided by the applicant The submitted report identified that a that shallow coal mining legacy poses a potential stability risk to the southern part of the site. Accordingly, it goes on to make appropriate recommendations for the carrying out of intrusive ground investigations, in the form of the drilling of boreholes. A planning condition is in place advising that necessary remediation measures should be carried out. 6.2 Transport Scotland does not object to the granting of permission. 6.3 Scottish Water confirmed that there is currently sufficient capacity in terms of both water supply and foul drainage treatment. The applicant will be required to recontact Scottish Water at the time of construction to confirm the position and implement necessary connections and drainage works. 6.5 NLC Greenspace Development commented on the original ecological report. The Greenspace consultation response whilst supporting mitigation and biodiversity enhancements proposed maintained the service’s objection to the proposal due the loss of approximately 17% of the woodland from part of the Site of Importance for Nature Conservation. Although approximately 12% of the woodland lost would be compensated for by mitigation measures the replacement woodland would take many years to obtain a similar nature conservation value. Additionally, the ongoing cumulative impact of development within Eurocentral in recent years has adversely impacted on remaining nature conservation areas. In response the applicant has provided further mitigation to allow movement of wildlife species through boundary features and provision of bird and bat boxes. A planning condition requires the applicant to consider further measures for the approval of the planning authority. Copies of the consultation responses and applicant’s supporting information can be accessed by contacting the case officer. 6.6 NLC Environmental Health (including Pollution Control) asked for some clarification of certain aspects of the Site Investigation. Further actions required in terms of site remediation are subject to a planning condition. Pollution Control also confirmed that there was no significant risk associated with Air Quality and requested a condition to control potential noise pollution whilst noting that the site was a significant distance from residential properties. 6.7 NLC Traffic & Transportation has requested further detail regarding parking provision and circulation within the site and also that a Travel Plan be submitted which would provide details of sustainable planning options to future employees. Additional planning conditions have requested the Travel Plan and a survey to consider whether a road crossing is required to allow access to an existing bus stop some distance from the site. Traffic and Transportation also sought significant cycle provision and 48 electric charging points. See condition 9 d) above which covers this matter. 7. Representations 7.1 No letters of representation received as a result of Neighbour Notification. Page 28 of 47
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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) as previously mentioned at paragraph 5.1 above With regard to this site the relevant policy in the Clydeplan 2017 and schedule (Policy 5 & Schedule 3), 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 Development Plan policy. The proposed development being a mix of Class 5 and 6 uses complies wholly with this strategic policy. Local Development Plan 8.3 The North Lanarkshire Local Development Plan 2022 Identifies the site as being within a Business Centre and is part of Placemaking Policy PP2A (Strategic Business Centres) applies. This 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. Projected Socio-Economic Impact 8.4 The submitted socio-economic statement projects that investment of £45 million with £40 million in Construction value will accrue from the development proposal and that low vacancy rates for the proposed Use Classes 5 and 6 along the M8 corridor and at the location have raised rents by 8% suggesting that further supply can be accommodated for economic benefit to the regional area. Socio-economic benefits within the study are projected to be 178 person years at the regional level (67% uptake expected in North Lanarkshire) during construction with 459 net new jobs in the longer term, £13 million in new salaries and a £21.2 million injection of GVA (Gross Value Added) to the local and regional economy. It should be noted also that the proposed development is speculative with the developer proposing lease arrangements with potential future occupiers. Landscape, Visual Impact and Ecological Impact 8.5 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. In addition to the commentary above on the wider landscape impact of the proposal, it is also necessary to consider the impact on planting and ecology at and adjacent 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. The ecological appraisal undertaken for 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. Given the policy zoning for the site (which promotes the development of Class 4 Business, Class 5 General Industrial and Class 6 Storage) and the fact that the applicant has proposed mitigation for the loss of woodland it is considered that, on Page 29 of 47
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balance, the objection from NLC Greenspace would not warrant a refusal of planning permission. 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. 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. Building Design, Site Layout, and Boundary Treatment 8.7 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 8.8 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. 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. Page 30 of 47
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Application No: 22/00697/FUL Proposed Development: Change of use from a Business Use to a dog grooming facility with ancillary uses including a small shop, a training academy for dog grooming, a self-service dog washing facility and the manufacture of dog related products Site Address: The Co-operative Group Ltd 70 Grayshill Road Westfield Cumbernauld G68 9HQ Date Registered: 14th June 2022 Applicant: Underdog Pets Ltd 12 Ettrick Walk Cumbernauld G67 1NE Agent: Alan Neish Alan Neish Consulting Ltd 20 Montgomerie Drive Stewarton KA3 3AP Application Level: Local Application Contrary to Development Plan: Yes Ward: 02 Cumbernauld North Danish Ashraf, Tom Fisher, Alan Masterton, Gordon Currie, Representations: 2 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed development is acknowledged as a departure of the principle policy zoned within the local development plan. The application site is currently zoned as a Business Development Site however, it is considered that the proposal can be accommodated without detrimental impact to the surrounding area. Page 31 of 47
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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: 22/00697/FUL Name (of applicant): Underdog Pets Ltd Site Address: The Co-operative Group Ltd, 70 Grayshill Road, Westfield Cumbernauld G68 9HQ Development: Change of use from a Business Use to a dog grooming facility with ancillary uses including a small shop, a training academy for dog grooming, a self-service dog washing facility and the manufacture of dog related products Page 32 of 47
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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. Reason: To clarify the drawings on which this permission is given. 2. That the development hereby permitted, shall have no dogs kennelled within the unit overnight, unless otherwise agreed in writing by the Planning Authority. Reason: To regulate the business and to define the permission. 3. That the business hereby permitted will operate Monday to Saturday between 9am to 5pm, expect on Thursday when the business will open from 9am to 7pm and will be closed on Sundays, unless as may otherwise be agreed in writing by the Planning Authority. Reason: To regulate the business and to protect the general amenity of the site. 4. That the permission hereby granted is for a temporary period only and shall expire on 19th September 2024. Reason: To monitor the maintenance of the development and general amenity of the site. 5. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the premises shall be restricted to a Dog Grooming Facility -with ancillary uses including a small shop, a training academy for dog grooming, a self- service dog washing facility and a manufacture of dog related products, and should this use cease operating then the unit will revert back to Use Classes 4 (Business), 5 (General Industry) and 6 (Storage/Distribution). Reason: To enable the Planning Authority to retain effective control by preventing the unit being used for any other Sui Generis Class uses. Background Papers: Contact Information: Any person wishing to inspect these documents should contact Aisling Divin at 01236 632500 Report Date: 2nd September 2022 Page 33 of 47
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APPLICATION NO. 22/00697/FUL REPORT 1. Site Description 1.1 The application site (Unit 70) is located within the Westfield Industrial Estate, Cumbernauld. The unit is currently vacant but was previously used as office space. The unit is adjoined by Unit 68 which is used as in connection with an Installation of Insulation business and Unit 72 which is as a Printing Business. Unit 70 consists of two floors and has a total floor area of 311 sqm. 2. Proposed Development 2.1 The application seeks full planning permission for the change the use of this for this unit which is currently used as Class 4 (Business), Class 5 (General Industry) and Class 6 (Storage and Distribution) to a Sui Generis Use (one which does not sit within any class) which includes, Dog Grooming Facility with ancillary uses including a small shop, a training academy for dog grooming, a self-service dog washing facility and a manufacture of dog related products. 3. Applicant’s Supporting Information 3.1 The agent has provided a detailed document which includes the background of the business, the hours of operation which will be Monday- Saturday 9am -5pm, expect Thursdays which will be opened from 9am-7pm and closed on Sundays. 3.2 The agent also provided the reason why they were proposing this change of use within these premises. The applicant’s business, Underdog Pets Limited, which has been established since 2014 have outgrown their existing premises due to the demand for their services. An application was previously refused for this business in May 2020 (planning reference 19/00236/FUL), the application site was considered unsuitable to this type of use (close to Westaway Film Studios which are noise sensitive). Following the refusal of this application, the agent has explained that the applicant has decided to omit the doggy day care facility therefore deleting any need for external use. They have also mentioned that an Industrial area could be a more appropriate site for this type of use, given the noise levels which could be associated with this type of business. 3.3 The agent provided a business plan stating their predictions of the current business, this included their outcome in terms of financial turnover along with the prediction of increasing the current staff numbers from 12 to 19 by 2024. 3.4 This supporting document along with the planning application outlines that the ground floor will accommodate space for dog grooming service and to offer a self-service dog cleaning facility with an ancillary area for sales online and within the unit. The ground floor also accommodates staff facilities including toilets and a staff room. The first floor will accommodate offices which will offer a dog grooming training facility, a pet photography studio and a base for developing and manufacturing dog treats, toys, shampoo, dog perfumes and accessories. 3.5 The agent has confirmed that his client expects to have a maximum of 18 dogs per day which works out at 3 per hour. 3.6 Within the supporting information and plans, it was indicated that the application unit has six allocated parking spaces to the front, however, it was later confirmed that this parking is communal. 4. Site History 4.1 18/00927/FUL - Change of Use to Business (Class 4), General Industry (Class 5) and Storage and Distribution (Class 6) – Approved – 9th July 2018 4.2 21/00188/FUL - Formation of Access, Yard Area and Parking and Installation of New Entrance and Vehicular Door Entrance – Application Withdrawn 11th May 2021 Page 34 of 47
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5. Development Plan 5.1 North Lanarkshire Local Development Plan policy PROM LOC2 ((Business Development Sites) and EDQ 3 (Quality of Development) is also relevant the assessment of the proposed development. 6. Consultations 6.1 None required. 7. Representations 7.1 Following standard neighbour notification procedures two letter of representation(s) were received. It is noted that one of these letters was to object to the proposal and one letter received was a neutral comment. The comments raised can be fairly summarised as follows: At present there is a major shortage of parking for units 68 & 72. All existing spaces are being taken up The plan shows 6 allocated spaces for this unit is totally unacceptable as we were told no there were no allocated parking available for individual units If anyone were working in Unit 70, parking here is in doubt More parking and safer road infrastructure is required in order to support proposed business move in. The possibility of visitors wandering all over this estate looking to park and walk in animals is frightening, as there are no walkways The chances of animals being frightening by loud noisy vehicles driving back and forward is a real possibility and even worse the thought of accidents is worryingly high. 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. 8.2 Development Plan: North Lanarkshire Local Plan: The site falls within an area covered by Policy PROM LOC2 (Business Development Sites) which states North Lanarkshire Council will support and direct business development to the Strategic and Local Business Centres identified in the Plan and Industrial & Business Land Supply. Whilst the proposed use of a dog grooming facility with ancillary uses (Sui Generis) does not comply with PROM LOC2 it is considered that the proposal will not detract from the industrial function of the application site or the surrounding area due to the number of similarly sized industrial units still available in this particular industrial estate. There are a good range of industrial units within this area and the loss of one unit to a non-industrial use is not considered to be a particular concern. The use has a particular requirement for an industrial location due to the potential noise issues associated with a dog grooming facility and it is recommended that a condition is imposed to restrict the use to this Sui Generis use only in order to ensure that the character of the wider industrial area is protected. The potential physical amenity impact of the proposal on neighbouring properties is also deemed to be acceptable due to the nature of the proposed and established uses. In this respect, the application is considered to be an acceptable departure from policy. It is also noted that there are aspects of the business proposed that are part training, part manufacturing, part storage and distribution that on their own would be acceptable in this location i.e. would not involve a change of use. 8.3 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). Due to the scale and nature of the development the proposal raises no issues with regards to Policies EDQ1 and EDQ2. Policy EDQ3 (Quality of Development) only permits development where high standard of site planning and sustainable Page 35 of 47
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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. When assessed against the terms of policy EDQ3 it is considered that the re-use of the vacant industrial unit by the proposed business can be integrated successfully into the surrounding area without detriment to the amenity of the existing industrial and business area. It is acknowledged that comments have been raised regarding the concern for parking spaces. However, it considered that there are uses for which the unit could be used without the need for planning permission which comply with Policy PROM LOC2, for example an Office (Class 4) could require more staff than the proposed use and for longer stays within the parking area. It is also considered that the overall Industrial Estate has enough communal parking areas to accommodate this business, both in terms of staff and visitors. As the agent has confirmed that the activity of the business will not be extended outside, like in the previously application (19/00236/FUL) it is considered that the noise levels generated within the hours of operation stated, shall not be an issue. However, given this proposed use has a number of ancillary services it would be considered reasonable to grant temporary consent for two years, allowing the planning authority to further assess the acceptability of the use at the location and to monitor any impacts on local amenity. 8.4 Effect on Local Amenity: Due to the nature and operating hours and considering the activity of this business will only occur within the unit, the proposed dog grooming facility is considered to be acceptable as its impact will not detrimentally affect the character of this wider industrial area or the residential properties opposite. 8.5 Applicant's Supporting Information: In planning terms, the potential impact of the proposed dog grooming facility on the industrial area are assessed in detail above and, on balance, are considered to be acceptable. It is noted that in this industrial estate there is no shortage of similar industrial units and given the use an industrial unit is considered to be appropriate. It is considered that this carries some weight in the assessment of this application, taking into account the special circumstances, and availability of industrial units elsewhere. 8.6 The matters raised in the letters of representation area addressed in turn below: At present there is a major shortage of parking for units 68 & 72. All existing spaces are being taken up Response: It is considered that if the unit was being used in its current class (Class 4 – Office) then this use would require the same amount or more parking spaces for users and this could be for of a longer periods. The Industrial Estate as a whole offers adequate communal parking space for its current use and for the proposed use. The plan shows 6 allocated spaces for this unit is totally unacceptable as we were told no there were no allocated parking available for individual units Response: The agent later confirmed that the parking area is communal and there are no allocated spaced associated for this unit. If anyone were working in Unit 70, parking here is in doubt Response: As stated above, whilst parking at the front of Units 68, 70 and 72 could be considered short, there is adequate communal parking provide within the overall Industrial Estate. More parking and safer road infrastructure is required in order to support the proposed business move in. Response: Parking concerns have been addressed above. In terms of safer road infrastructure there is a certain amount of pathways available which you would find with an Industrial Estate. It would be considered that any user whether it be a visitor for the proposed business or a member of staff for another unit could possibly park their vehicle further away and would need to walk to their place of work or business they were visiting, the current walkways provided are appropriate for any user. Page 36 of 47
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The possibility of visitors wandering all over this estate looking to park and walk with animals is frightening, as there are no walkways Response: This has been addressed above. The chances of animals being frightening by loud noisy vehicles driving back and forward is a real possibility and even worse the thought of accidents is worryingly high. Response: Whilst this could be considered a safety concern, this is not considered a material planning consideration that would justify refusing planning permission. 9. Conclusions 9.1 In conclusion, taking into account of all the circumstances relevant to this application, the proposal is considered acceptable in this instance and will not result in an unacceptable impact on the character of this industrial and business area which is considered to be an acceptable departure from policy PROM LOC2 (Business Development Sites) of the North Lanarkshire Local Plan. Accordingly, it is recommended that planning permission be granted. Page 37 of 47
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Application No: 22/00840/FUL Proposed Development: Detached Single Storey Dwelling Site Address: Land To Rear Of 8 Whitehill Farm Road Stepps Date Registered: 18th July 2022 Applicant: Mr Martin Moore 2 Blaneview Cardowan Stepps G33 6BH Agent: John Murray 43 Rhindmuir Road Ballieston Glasgow G69 6AZ Application Level: Local Application Contrary to Development Plan: No Ward: 05 Stepps, Chryston And Muirhead John McLaren, Josh Cairns, Claire Louise Williams, Representations: 11 letters of representation received. Recommendation: Refuse Reasoned Justification: The proposed dwellinghouse fails to accord with Policies PP3, EDQ1and EDQ3 of the North Lanarkshire Local Development Plan 2022 as it does not front a public road and would lead to inappropriate backland development that does not integrate successfully into the local area, relate well to the existing context and is harmful to neighbouring amenity. There is further concern that approving the proposal could set an undesirable precedent. Page 38 of 47
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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: 22/00840/FUL Name (of applicant): Mr Martin Moore Site Address: Land To Rear Of 8 Whitehill Farm Road Stepps Development: Detached Single Storey Dwelling Page 39 of 47
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Recommendation: Refuse for the Following Reasons:- 1. The proposal constitutes backland development as it does not have a frontage on to Whitehill Farm Road. It does not integrate successfully into the local area, relate well to the existing context and is considered damaging to neighbouring amenity. 2. Approving the development would set an undesirable precedent for other such similar proposals. Background Papers: Consultation Responses: NLC Roads Operations received 29th August 2022 Contact Information: Kirsten Devlin at planningenquiry@northlan.gov.uk Report Date: 31st August 2022 Page 40 of 47
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APPLICATION NO. 22/00840/FUL REPORT 1. Site Description 1.1 The application site is to the rear of 8 Whitehill Farm Road, Stepps. The original plot was split approximately 1 ½ years ago by the previous owners who erected fencing on land that previously formed part of the property’s extensive side and rear gardens. 1.2 The site is situated on the very periphery of the urban envelope and there is a track directly east leading north to Bothlin Drive and surrounding fields. The immediate locale is characterised by Victorian detached sandstone villas, mostly 1.5 storeys in height 2. Proposed Development 2.1. The applicant seeks permission to construct an ‘L shaped’ 3 bedroom bungalow within the recently fenced off portion of the rear garden ground. The dwelling will be accessed from Whitehill Farm Road via the original driveway for no.8 that ran along the west side of the plot. A single driveway was formed on the east side within the front garden ground for no.8 at a similar time as the fencing was erected and the garden plot was split. The proposal is that the house be served by a private driveway of single width extending some 35m or so before the plot itself is accessed. In addition, the house is orientated within the plot in a manner that is at odds with the character of the area and whilst this could be rectified this in itself would not address the fundamental issues with the proposal. 3. Applicant’s Supporting Information 3.1 No supporting information has been received or was requested. 4. Site History 4.1 The following application has been received in connection with no.8 Whitehill Farm Road: 01/00575/FUL Replacing Existing Slate Roof with Tile Roof - Approved 21.06.2001 5. Development Plan 5.1 The proposal raises no strategic issues and can therefore be assessed in terms of the North Lanarkshire Local Development Plan 2022. The site is covered by Policy PP3 General Urban Area which seeks to maintain and improve the level of amenity in urban areas by encouraging development that is in keeping with their residential character. 5.2 Policies EDQ1: Site Appraisal and EDQ3: Quality of Development also apply and seek to ensure development is of a high standard, integrates successfully into the local area and avoids harm. 6. Consultations 6.1 NLC Roads Operations have requested the application be deferred as there is insufficient detail to assess the proposal. Details relating to parking and a swept path analysis are required and a number of standard conditions are recommended in relation to parking standards, visibility splays, driveway construction and gates. It is considered that had the recommendation been that planning permission be granted appropriate planning conditions could be imposed. That said, given this was an existing access, the visibility splay requirements are not considered to be something that could reasonably be required in this instance. Page 41 of 47
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7. Representations 7.1 Representations from 11 local households have been received following the neighbour notification process. The points raised and comments thereon are as follows: Point of Objection: The application plans are misleading as it gives the impression the owners of no.8 Whitehill Farm Road are the applicants when they aren’t. Comment: The above issue was raised with the applicant and amended plans have been received. Point of Objection: The proposal will set a precedent for back garden development for financial gain. Furthermore, there are no other similar arrangements in the immediate locale. Comment: It is agreed that there are no other similar developments in the locale and approving the proposal could set a dangerous precedent. Point of Objection: If approved it would result in increased on-street parking and increased potential for accidents on an already extremely busy road. Comment: While there would be an increase in traffic and activity the proposal can provide sufficient in curtilage parking provision; although it is accepted that the awkward nature of the long driveway could result in on-street parking on occasion. Point of Objection: The plans lack sufficient detail including north point. Comment: The block and location plans have a scale and north point and the scaled elevations are considered to be sufficiently detailed enough. Point of Objection: The proposal is contrary to policies HCF1 A and DSP4 (Quality of Development) of the North Lanarkshire Local Plan 2012 as it constitutes backland development as the dwelling would be located in rear garden ground that would not directly front a public road, being contrary to the character and amenity of the residential area. Comment: Polices PP3 and EDQ3 of the recently adopted North Lanarkshire Local Development Plan 2022 reflect the previous general urban area and quality of development polices and as such it is agreed that the proposal does constitute backland development which is contrary to the character of the residential area. Point of Objection: It is contrary to DSP4 in that the design and materials of the proposed dwelling are not in keeping with the local vernacular and if approved could set an unacceptable benchmark for design quality. Comment: It is agreed that both the design and material palette are out of keeping with the locale and approval could set an undesirable precedent. Point of Objection: In terms of DSP4 the proposal negatively impacts a neighbouring property in terms of overlooking and loss of privacy by looking directly onto their rear garden. It will also cause overshadowing and disturbance. Comment: There are not considered to be any direct overlooking or privacy issues as the property is single storey and there is existing fencing. As the dwelling would be sited north there would be no overshadowing. There would however be an element of disturbance as there will be activity associated with a dwelling whereas it was previously a secluded rear garden. Point of Objection: The driveway runs the whole length of the objector’s plot and would dramatically reduce their enjoyment and privacy. Page 42 of 47
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Comment: While not impacting on privacy this could cause disturbance and impact on amenity. Point of Objection: Access for emergency services and refuse collection could be compromised as confusion and delay could be caused by the property not being visible from the street. Comment: The above point is open to debate. Point of Objection: Some neighbours will have their view affected. Comment: There is no entitlement to a view under planning legislation. Point of Objection: You can’t build a dwelling within a rear garden that is bounded by fields/greenbelt. Comment: The established planning concept of backland development applies in this case and as indicated above the proposal is considered to be out of context and not in keeping with the character of the area. Point of Objection: Removal of habitat afforded by the trees and hedges will have a detrimental impact on birds, particularly goldfinches as well as deer, foxes and badgers. Comment: The trees and hedges within the application site aren’t protected and could be removed at any time. Point of Objection: There are concerns the construction process would result in noise, disturbance, odour, flooding and impact on gas and electricity for residents on Whitehill Farm Road, Lenzie Road and Bothlin Drive. Comment: Temporary disturbance from the construction process is not considered a significant enough issue to refuse planning permission. Point of Objection: There is concern that construction vehicles could not navigate the driveway and would need access to the site via Bothlin Drive which is a private road. Any such access would be denied. Comment: The above is a legal matter which is not a material planning consideration. Point of Objection: Construction works and uprooting of trees could affect the structural integrity of the neighbouring dwelling. Comment: Any structural issues would be a legal matter between the parties involved and is not material to the consideration of this application. Point of Objection: There is a history of drainage problems in the street and another connection could have a negative impact on flooding remediation work that has been carried out. Comment: It is for Scottish Water to determine whether another connection to their network is appropriate. Point of Objection: The existing garden has been divided off and inappropriate fencing erected without any permission. Comment: The fencing within the front garden is of a similar height to neighbouring hedging and the rear fencing does not require planning permission. Page 43 of 47
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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 relevant development plan unless material considerations indicate otherwise. The application raises no strategic issues in terms of the Glasgow and the Clyde Valley Strategic Development Plan and therefore can be assessed in terms of the local plan policy. 8.2 The application site is located in the General Urban Area where Purpose of Place Policy PP3 of the North Lanarkshire Local Development Plan 2022 applies. This policy seeks to maintain and improve the level of amenity in urban areas by encouraging development that is in keeping with their residential character. The proposal also requires to be assessed against Environmental and Design Qualities Polices EDQ1: Site Appraisal and EDQ3: Quality of Development. Policy EDQ1: Site Appraisal requires proposals 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 include, but are not limited to massing, height, style, finishing materials of any building or buildings on the site and surrounding area, orientation, topography of the site and building lines, plot ratios, groupings and types of enclosure. Policy EDQ3 Quality of Development 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 achieves a high quality development in terms of establishing a clear vision for the site with design principles which lead to the creation of a distinct, successful place by addressing siting; overall layout; density; form; scale; height; massing; proportion; detailing; colour and materials. 8.3 The proposed development is for the construction of a single storey dwellinghouse within what was previously part of the extensive rear garden ground of 8 Whitehill Farm Road. The original large plot was split approximately 18 months ago by erecting fencing. The dwelling will be accessed from Whitehill Farm Road via a long single width driveway, part of which formed the original driveway for no.8. A single driveway was formed within the eastern front garden ground of no.8 at a similar time as the fencing was erected. The single storey dwellinghouse will not be visible from Whitehill Farm Road as it will be sited directly behind no.8, which is 1.5 storeys in height. Furthermore, the driveway for the new dwellinghouse will be sandwiched between numbers 8 and 10 Whitehill Farm Road and is some 35 metres in length. The proposed dwelling will be set back 40 metres from the public road. It is therefore considered that the proposed dwelling would result in backland development i.e. the front of house would be sitting behind the existing dwelling and would have no public frontage. 8.4 With regards to integration and context, the proposal is of an unusual nature, being contrary to the pattern of urban development within the existing local area. This part of Whitehill Farm Road is characterised by generous plots with extensive rear gardens and dwellings that have a strong relationship with public road. Nos 8, 10 and 12 Whitehill Farm Road have the largest rear gardens in the locale with depths of 35 metres, with no 8 having the largest rear garden area of the 3 properties. The new house effectively would read as sitting within an established rear garden area, behind an existing property, with no frontage to the road. In effect, the development would look, and feel, out of place. When it comes to amenity and people’s enjoyment of their home, it is considered that the obvious presence, and use, of this house within what was ostensibly and functionally a rear garden area would be damaging to neighbouring amenity. 8.5 Also relating to successful integration, the design and facing materials of the proposed dwellinghouse are out of keeping with the properties in the locale which are predominately 1.5 storey sandstone villas with traditional materials and detailing. 8.6 Given these observations the proposal fails the important requirement of policies PP3, EDQ1 and EDQ3 for new developments to integrate successfully into the local area, relate well to the existing context and avoid harm to neighbouring amenity. 8.7 As the proposal utilises an existing driveway and can provide the required in-curtilage parking Page 44 of 47
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provision there are not considered to be any roads concerns. Furthermore, it meets the Council’s Developers Guide to Open Space (minimum space around dwellings) and is not considered to have a direct detrimental impact on neighbouring dwellings with regards to overlooking or privacy given the height and position of the proposed dwelling and the distance and orientation of the surrounding dwellings. However, as previously stated, the presence of new dwelling within a functioning rear garden is considered damaging to amenity. 9. Conclusions 9.1 Taking all of the above into account, including representations received, it is considered that the proposed dwellinghouse fails to accord with Policies PP3, EDQ1 and EDQ3 of the North Lanarkshire Local Development Plan 2022 as it does not front a public road and would lead to inappropriate backland development that does not integrate successfully into the local area, relate well to the existing context and is harmful to neighbouring amenity. There is further concern that approving the proposal could set an undesirable precedent. It is therefore recommended that planning permission be refused. Page 45 of 47
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North Lanarkshire Council Report PLANNING COMMITTEE Agenda item _________ approval noting Ref PH/SW Date 15/09/2022 PLANNING AND ENFORCEMENT NOTICE APPEALS LODGED From HEAD OF PLANNING AND REGENERATION Email humphriesp@northlan.gov.uk Telephone 01236 632500 Executive Summary 1. Purpose of Report 1.1 This report is to advise the Committee of the undernoted planning appeals recently lodged with the Scottish Ministers. Recommendations It is recommended that the Committee notes the position. Background Application No. Applicant Date of Council Form of Note & Proposal & Site Decision Appeal 22/00443/CLP Land South Of Gartgill Road Gartsherrie Coatbridge North Lanarkshire N/A Written Submission Appeal for Non Determination PAMELA HUMPHRIES HEAD OF PLANNING AND REGENERATION AGENDA ITEM 3 Page 47 of 47