Planning Applications Index
North Lanarkshire Council · 10 November 2022
Back to Planning Committee — 10 November 2022 and its agenda
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North Lanarkshire Council Planning Applications for consideration of Planning Committee Committee Date: 10-11-2022 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved
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APPLICATIONS FOR PLANNING COMMITTEE 10th November 2022 Page No Application No Applicant Development/Site Recommendation 7-19 21/00665/PPP Advance Construction Scotland Ltd 57 Dwellinghouses (Detached, Semi- Detached and Terrace) with Associated Access, Parking, Landscaping, Open Space, SuDS and other Associated Development (Planning Permission in Principle) Land South East Of Mailings Road Banton Grant 20-26 22/00119/FUL BDL (Scotland) Holdings Ltd Erection of 1.8m timber fence (partly in retrospect) Banton Mill Mill Road Banton G65 0QG Grant 27-32 33-41 22/00623/FUL 22/00997/PPP Mr Gordon Smith Ms Denise Woolfries Change of use of dwellinghouse to serviced accommodation 10 Lammermuir Way Chapelhall ML6 8BE Single dwellinghouse (in principal) Burniebrae House Burniebrae Road Chapelhall ML6 8QB Grant Grant
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Application No: 21/00665/PPP Proposed Development: 54 Dwellinghouses (Detached, Semi-Detached and Terrace) with Associated Access, Parking, Landscaping, Open Space, SuDS and other Associated Development (Planning Permission in Principle) Site Address: Land South East Of Mailings Road Banton Date Registered: 10th May 2021 Applicant: Advance Construction Scotland Ltd Caldergrove House 4 Linnet Way Strathclyde Business Park Bellshill ML4 3RA Agent: Barton Willmore Centrum Business Centre 38 Queen Street Glasgow G1 3DX Application Level: Major Application Contrary to Development Plan: No Ward: 01 Kilsyth Jean Jones, Heather Brannan-McVey, Denis Johnston, Representations: 41 letters of representation received (including from Banton & Kelvinhead Community Council) 39 objecting and 2 supporting 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 2022.
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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: 21/00665/PPP Name (of applicant): Advance Construction Scotland Ltd Site Address: Land South East Of Mailings Road Banton Development: 54 Dwellinghouses (Detached, Semi-Detached and Terrace) with Associated Access, Parking, Landscaping, Open Space, SuDS and other Associated Development (Planning Permission in Principle)
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Proposed Conditions:- 1. That 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; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of equipped play areas, if any; (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 the areas identified in (d), (e)and (f) above; (h) the design and location of all boundary walls and fences; (i) the provision of drainage works; (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 accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006. 2. That notwithstanding the requirements of Condition 1 above, any future applications at the site require to ensure that the land within the SINC and a further 10 metre buffer zone measured from the SINC boundary are kept free from development. Reason: In order to protect the SINC from physical development and post construction impacts such as fly tipping. 3. That notwithstanding the requirements of Condition 1 above, the development shall be designed to accord with the following: (a) The internal road layouts should be in accordance with the principles of ‘Designing Streets’ as published by the Scottish Government. Street layout and building position should be integrated to achieve an alignment that restricts vehicle speeds without the need for conventional traffic calming and to avoid linear lengths of streets; (b) A Street Engineering Review (SER) should be submitted with any future applications setting out the measures to control vehicle speeds with the chosen design speed for streets, e.g. widths visibility splays, SSD, horizontal curvature, distance between speed reducing elements, etc; (c) A maximum design speed of 20mph should be applied to the site; (d) The SER should include information related to vehicle tracking (including deliveries, winter maintenance, refuse collection), SUDS, utilities and materials; (e) The SER shall also be required to take account of anticipated pedestrian movements throughout the development, desire lines, and pedestrian connectivity to the existing village from the south side of the site to Lammerknowes Road; (f) Long lengths of street and significant forward visibility should be avoided; (g) Streets should preferably be in a loop as opposed to cul-de-sacs; (h) No retaining structures should be provided to support roads, footways or footpaths or influence their stability; (i) The following minimum/maximum gradients should apply; Max 8%, Min 0.8%: Shared surface streets: Max 7%, Min 1.25%, k=2; (j) Visibility Splays of 2.4m x 60m should be provided from the new T junction on to Mailings Road in both directions. Everything above 1.05m shall be removed from
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the sight line and thereafter nothing exceeding 1.05m shall be planted, placed, erected or allowed to grow. Reason: To define and ensure delivery of all key aspects of the permission. 4. That notwithstanding the requirements of Conditions 1(b) and 3 (j) above, any future applications at the site will be accompanied by documentation confirming that the applicant has the ability to deliver the site access i.e., demonstrate that the applicant has purchased the necessary land. Furthermore, no work of any description will take place on site until the Planning Authority has given written confirmation that this condition has been complied with. Reason: To ensure the delivery of this key aspect of the permission. 5. That notwithstanding the requirements of conditions 1 and 2 above, any future applications at the site shall ensure the following roads and transportation requirements: (a) 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. (b) Parking for flatted dwellings should be provided within the parking courts directly overlooked by flats to prevent unacceptably long rows of parking directly off the adoptable road. (c) Parking to terraced units should be via private parking courts accessed via dropped kerb vehicular access. Reason: To define and ensure delivery of all key aspects of the permission. 6. Any future MSC application or application for planning permission shall provide onsite play provision OR developer contributions to provide for off-site play provision. A legal agreement may be required to ensure compliance with regards this financial contribution currently at a cost of £500.00 per dwelling house or £250.00 per flatted dwelling (this may be subject to increase). Reason: To ensure the provision of adequate play facilities to serve the site. 7. Any future MSC application or application for planning permission shall be accompanied by a signed Affordable Housing Agreement demonstrating how the development will comply with the Council’s Affordable Housing policy with the preferred option being on-site provision for 20% affordable dwellings integrated into the proposed development. Reason: To ensure the provision of adequate affordable housing provision within the site. 8. That BEFORE any works of any description start, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required 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.
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Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents. 9. That any remediation works identified by the site investigations required in terms of Condition 8 shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority in accordance with the agreed schedule of validation reporting confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 10. That before any works start, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority. 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. 11. That the SUDS compliant surface water drainage scheme approved in terms of Condition 10 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 10 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. 12. That before any works start, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by CIRIA in March 2000. Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection. 13. That no development shall take place within the development area until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation which has been submitted by the applicant, agreed by the Local Archaeology Service and approved by the Planning Authority. For the avoidance of doubt, the following measures will be required: 1. a photographic record of the current site conditions; 2. a metal detection survey on a 10 m grid resulting in the 3-d location of all significant finds; 3. 5% ground breaking evaluation of the development area;. 4. if this exercise identifies sites or objects of merit there should be proposals for further works potentially including excavation, post-excavation, publication and archiving. Reason: In the interests of preserving the archaeological potential of the site.
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14. That no development shall commence until; a) a scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past coal mining activity, and; b) any remediation works and/or mitigation measure to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is safe and stable for the development proposed. The intrusive site investigation and remedial works shall be carried out in accordance with authoritative UK guidance. Reason: In order to establish the exact situation regarding coal mining legacy issues on the site. 15. Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity. Reason: To ensure that the site is safe and stable in the interests of the amenity and wellbeing of existing and future residents. 16. Prior to the commencement of works, an updated protected species survey(s) shall be carried out and the details of the findings of the surveys, including any mitigation measures shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, any mitigation measures shall be implemented in accordance with a timescale to be agreed with the Planning Authority. Reason: In the interests of the protection of natural habitats and protected species. 17. Prior to the commencement of works, a tree survey that outlines the location, species and health of all trees within the application site and those requiring to be felled, shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt there is an expectation that trees and hedgerows shall be retained where at all possible. Reason: In the interests of the conservation value and visual amenity of the site. 18. Prior to the commencement of works, a Pollution Prevention Plan must be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt the PPP must consider measures to be undertaken during construction and post construction. Reason: In the interests of the protection of the adjacent SINC/Wetland. 19 That prior to commencement 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; • Details of construction access, parking and manoeuvring areas and; The development shall be implemented in accordance with the approved Construction Method Statement.
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Reason: In the interests of the amenity of the area, to minimise pollution risks arising from construction activities. Background Papers: Consultation Responses: NLC Traffic & Transportation NLC Education NLC Greenspace NLC Affordable Housing Consultations NLC Play Provision NLC Pollution Control Scottish Water Archaeology Service Historic Environment Scotland The Coal Authority Contact Information: Kirsten Devlin at Planningenquiry@northlan.gov.uk Report Date: 28th October 2022
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APPLICATION NO. 21/00665/PPP REPORT 1. Site Description 1.1 The application site is an irregular shaped agricultural field located directly east of the village of Banton on the south side of Mailings Road. It is approximately 2.36 hectares in area and has an undulating topography with the highest point within the centre of the site. 1.2 The site is bounded by residential development to the west at Lammerknowes Road and Mailings Road with Banton Primary School located approximately 50 metres west. To the north, east and south are agricultural fields with a portion of the site along the north-eastern boundary forming part of a larger designated Site of Importance for Nature Conservation (SINC) and Special Landscape Area (SLA). 2. Proposed Development 2.1 Planning permission in principle is being sought for a residential development of detached, semi- detached and terraced houses with an indicative number of 54 units. 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. 2.2 The site will be accessed by re-routing Mailings Road. This new section of carriageway will be connected to the existing rural section of Mailings Road which runs to the north-east by a new priority ‘T’-junction. This arrangement has been accepted by NLC Traffic and Transportation and will require the applicant to purchase adjacent land from the Council and a third party to ensure sufficient access visibility can be achieved. 2.3 An area at the eastern portion of the site, ranging from 11m to 44m (due to the irregular boundary) will be undeveloped to protect the SINC. This area includes a 10 m buffer to ensure protection from post construction impacts such as fly tipping. 3. 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: Design and Access Statement Ecological Impact Assessment EIA Screening Report Environmental Noise Impact Assessment Heritage Impact Assessment Pre-application Consultation Report Preliminary Ecological Assessment Planning Statement Protected Species Surveys SUDS and Drainage Strategy Transport Statement 3.2 The Pre-Application Consultation report summarised the public consultation event which took place online between 28th January 2021 and 22nd February 2022 providing details of the proposed development. 88 feedback forms were received as part of the consultation. 4. Site History 4.1 The planning history for the site is as follows: 20/01509/PAN Proposal of Application Notice: Residential Development with Associated Access, Parking, Landscaping, Open Space, SUDs and Other Associated Development 21/00030/EIASCR Residential Development with Associated Access, Parking, Landscaping,
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Open Space, SUDs and Other Associated Development 5. Development Plan 5.1 The proposal raises no strategic issues and can therefore be assessed in terms of Local Plan policies. 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 (NLLDP) and that the Council can proceed to Adopt. Accordingly, the Plan has now been Adopted by the Council and became operative on 6 July 2022. The NLLDP Identifies the site as primarily zoned under Policy PP3 Purpose of Place (General Urban Area) and more specifically PROM LOC3 Housing Development Sites which has identified the site as having a capacity of a total of 57 units. A small section of land off Mailings Road in the adjoining field, which is required for the site access is located within the Greenbelt. The whole site is located within the Kilsyth Historic Battlefield covered by Policy PROT B2 National sites. An area of the north-eastern part of the site is covered by policies PROM LOC 4 Special Landscape Area and PROT A3 Local Sites – Special Landscape Area and Site of Importance for Nature Conservation. 5.3 Environmental and Design Policies EDQ 1 (Site Appraisal), EDQ 2 (Specific Feature for Consideration) and EDQ 3 (Quality of Development) also apply and require high standards of site planning and sustainable design are achieved and seek to ensure all developments integrate successfully into the local area and avoid harm to neighbouring amenity. Consultations 6.1 The following consultation responses have been received in respect of the application: 6.2 NLC Education anticipate Banton Primary school will experience capacity issues going forward. The Service will address the issues by the careful management of placing request applications to the school. A Developer Contribution is not requested at this time. However, should the number of units increase, or the development is not complete within 5 years the Developer Contribution will be revisited. 6.3 NLC Greenspace raise no objection to the application. Protected species surveys in relation to bat, great crested newt and barn owl were carried out and the findings accepted. Further surveys will require to be carried out for any future applications. Furthermore, they requested the development be removed from the SINC and a 10m buffer zone implemented which the applicant has agreed to. These matters would be conditioned to be part of any future detailed application. 6.4 NLC Play Services confirm there is the requirement to provide at least 500 square metres of equipped play space and provide details of the type of equipment required. Alternatively, they will accept a financial contribution to upgrade existing local facilities calculated at £500 per house or £250 per flat. This would be conditioned to be part of any future detailed application. 6.5 NLC Pollution Control raise no objection to the application but make comments on 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. 6.6 NLC New Supply confirm on sites capable of accommodating 20 or more dwellings the developer will be required to make on-site provision of 25% affordable dwellings. The level of contribution required under the recently adopted North Lanarkshire Local Development Plan 2022 has been altered to 20% which would be conditioned to be part of any future detailed application. 6.7 NLC Traffic and Transportation had objected due to concerns with achieving the necessary site access visibility (in the vertical plane). This included the requirement for 3rd party land out with the control of the applicant. The applicant subsequently provided evidence to prove that the required visibility can be achieved, and that negotiations had begun with both the Council and the local landowner. NLC Traffic and Transportation have since withdrawn their objection subject to the imposition of a condition requiring evidence the land required for the access visibility has been purchased before any works begin on site. Comments relating to internal roads layout complying with ‘Designing Streets’, parking provision and the requirement for a Street Engineering Review (SER) are also addressed by a planning conditions.
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. 6.8 Scottish Water have no objection to the proposal and have indicated that there is current sufficient capacity for both water and waste water. These matters would be conditioned to be part of any future detailed application. 6.9 Coal Authority have no objection to the proposal but have advised that coalmining legacy potentially poses a risk to the proposed development and that intrusive site investigation and, if necessary, remediation/mitigation measures and certification are required. This would be conditioned to be part of any future detailed application. 6.10 Historic Environment Scotland (HES) has no objection to the proposal. The site is located within the inventory area for the Battle of Kilsyth but is not considered to raise issues of national significance. 6.11 Archaeology Service confirms that there will be little or no impact on the setting of the Kilsyth battlefield, however a programme of archaeological works in accordance with a Written Scheme of Investigation must be submitted and agreed. The measures must include a photographic record of the site, metal detection, 5% ground-breaking and excavation, publication and archiving of any objects of merit. This would be conditioned to be part of any future detailed application. 7. Representations 7.1 41 letters of representation have been received in connection with the proposal (including from Banton & Kelvinhead Community Council) 39 objecting to the proposal and 2 in support. The points raised and comments thereon are as follows: Point of Objection: Safety concerns for drivers and pedestrians from the increase in traffic generated by the proposed development. Particular concerns relating to traffic on Mailings Road, which is narrow, and suffers from on-street parking. Comment: NLC Traffic and Transportation have raised no concerns regarding the impact on the existing road network. Point of Objection: There is insufficient infrastructure to support the proposed development. In particular, concerns over sewage and drainage capacity and flooding at Lammerknowes Road. Comment: Scottish Water have not raised any concerns with the existing infrastructure; however, the developer would require connection consents. Furthermore, if approved the development would require to adhere with the latest SUDS requirements. Point of Objection: Following on from the above point the proposal makes no provision for the upgrading of local roads, power, water, electricity, sewage and the village has no gas supply. Comment: The consultation process did not highlight the need for upgrading of the existing road network or public utilities. Point of Objection: The proposal will result in air pollution. Comment: NLC Protective Services have raised no concerns in this regard. Point of Objection: The application site is a SINC (Auchinloch Marsh), if approved, the development would result in a loss of wildlife on the site (bats, owls, frogs and newts, hedgehogs, deer etc.). Comment: A portion at the eastern side of the site is located within the SINC. Through consultation with NLC Greenspace the applicant has agreed to a ‘no-build’ zone covering this area and a further 10m buffer in order to protect this nature conservation site. Furthermore, a protected species survey was carried out and accepted by NLC Greenspace on the proviso that updated surveys are carried out for any future applications at the site. If approved these matters would be covered by appropriate planning conditions. Point of Objection: The application site is located within an historic battlefield - Battle of Kilsyth; to build over it would erase an important historical event in the area.
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Comment: Neither HES or NLC Archaeology Service object. The Battlefield designation covers a wide area which includes the application site and the whole of the village of Banton. NLC Archaeology have no objection to the proposal, however they have requested a Written Scheme of Investigation be submitted and agreed. The measures must include a photographic record of the site, metal detection, 5% ground-breaking and excavation, publication and archiving of any objects of merit. If approved this matter would be covered by a planning condition. Point of Objection: The proposed development would result in a loss of rural setting and the community feel of the village of Banton. Comment: It is acknowledged that a development of the proposed scale would alter the village, however, the recent Local Plan process has allocated the site as being suitable for residential development. Point of Objection: Concern over developing the Greenbelt instead of brownfield sites in the village. Comment: The North Lanarkshire Local Development Plan 2022, which was adopted in July this year, has the site a designated for residential development. The Banton Mill site remains as an allocated housing site. Point of Objection: Concern of construction traffic. Comment: The above is an unavoidable part of the construction process that is temporary in nature. Point of Objection: Coal mining legacy on the site is an issue with concerns that works could destabilise the neighbouring dwellings and release toxic gas. Would there be compensation in the event of damage to property or health? Comment: The Coal Authority has no objection but have advised that coal mining legacy potentially poses a risk and that intrusive site investigation and, if necessary, remediation/mitigation measures and certification are required. If approved, these matters will be covered by appropriate planning conditions. Point of Objection: The proposal will result in the loss of view afforded to the adjacent residents on Lammerknowes Road. Comment: There is no entitlement to a view under planning legislation. Point of Objection: The development will devalue the property of the existing adjacent dwellings. Will there be compensation? Comment. The above is not a material planning consideration. Point of Objection: If houses are required, they could be built at the entrance to the Village from Kelvinhead Road where the landowner already has access. Comment: The Planning Authority can only consider what applications are received. The application site has been through the Local Plan Adoption process and has been identified as being suitable for residential development. Point of Objection: The eplanning portal is not user friendly and as the majority of Banton residents are elderly they may be unable to formally object; the level objection does not reflect the strength of feeling against the proposal. Comment: The above point is noted however it is possible to comment on planning applications without going through the planning portal. In addition, the Community Council carried out a survey and issued 243 questionnaires of which 142 were returned (58% returned) Point of Objection: Banton and Kelvinhead Community Council submitted the results of a community questionnaire which outlined 76% of the residents were opposed to the proposed development and 89% were satisfied with the Village as it stands.
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Comment: The above is noted and is consistent with the results of the pre-application consultation process carried out by the applicant. Point of Objection: Modern dwellings would detract for the intrinsic character of the village. Comment: The village of Banton consists of properties of varying ages and styles; it is considered that new dwellings could be accommodated without detriment to the character of the adjoining residential area. Point of Objection: A small minority of objectors had no objection to the principle of new housing development, just not at the scale proposed. Comment: The above is noted. 7.2 The two supporting comments are noted and the points made include the fact that this development will help support and ensure the longevity of local businesses and facilities, will bring much needed housing to the area (particularly needed for first time buyers) and that the village offers a great place to grow up. 8. Planning Assessment 8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. 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. 8.2 North Lanarkshire Local Development Plan 2022: 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 (NLLDP) and that the Council can proceed to Adopt. Accordingly, the Plan has now been Adopted by the Council and became operative on 6 July 2022. The NLLDP Identifies the site as zoned under Policy PP3 Purpose of Place (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. As this is a Planning Permission in Principle application specific matters relating to capacity, internal layout and design would still be subject to a further detailed planning application. Policy PROM LOC3 Housing Development Sites also applies and has identified the site as having a capacity of a total of 57 units. The proposal is therefore considered to accord with these policies. 8.3 Policy PP4 Green Belt covers a small section of land required for the re-alignment of Mailings Road. Green Belt policy seeks to protect the settings of communities and protect natural assets. Such a small loss of land is not considered to be a significant concern. It should be noted this land is currently out with the control of the applicant and if it cannot be purchased the proposed access arrangements would need to be altered. 8.4 As the site is located within the Kilsyth Historic Battlefield Policy PROT B2 National sites also applies. This policy aims to avoid harm to the character or setting of sites protected for their historic environment value. Based on submitted Heritage Impact Assessment both Historic Environment Scotland (HES) and the Archaeology Service did not consider the proposal to raise issues of national significance. A programme of archaeological works will be conditioned and as such the proposal accords with the policy. 8.5 The north-eastern portion of the site is covered by policy PROT A3 Local Sites – Special Landscape Area and Site of Importance for Nature Conservation. This policy states planning permission will only be granted if it can be demonstrated to the satisfaction of the Council that there will be no adverse impact or that any impacts can be mitigated. Consultation with NLC Greenspace has resulted in the development being removed from the SINC and a further 10m ‘no-build’ buffer introduced to ensure the area is protected from physical development and post construction activity such as flytipping. This in turn results in physical development being removed from the Special Landscape Area. These measures ensure the proposal accords with this protection policy. PROM LOC 4 Special Landscape Area also applies and requires proposals affecting the SLA to satisfy the provision of the EDQ and
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PROT polices of the NLLDP. Again, as the development has been removed from the SLA the proposal accords with this policy. 8.6 Policy CI Contributions to Infrastructure applies to the proposal. The Affordable Housing category seeks to secure 20% affordable on-site housing provision; the developer has agreed to this and if approved the matter will be covered by a planning condition. The size of the development also results in a contribution to play provision being required if on site provision is not being provided. This matter would also be covered by planning condition. The proposal accords with the contribution policies. 8.7 The NLLDP also requires proposed developments to be assessed against policies EDQ 1 (Site Appraisal), EDQ 2 (Specific Features for Consideration) and EDQ3 (Quality of Development). With regards to EDQ 1 the policy requires proposed development to be appraised in terms of the site and its surroundings to ensure it will integrate successfully into the local area and avoid harm to neighbouring amenity. As this is an application in principle compliance with this policy cannot be fully assessed. However, a comprehensive package of documentation has been provided which gives a level of comfort and through the consideration of future applications (and subject to the conditions of this permission in principle) a quality development that integrates successfully is achievable. For Policy EDQ 2 the Coal Authority has confirmed mining legacy potentially poses a risk and that intrusive site investigation and, if necessary, remediation/mitigation measures and certification are required. If approved, these matters will be covered by planning conditions. Policy EDQ 3 states development will only be permitted where high standards of site planning and sustainable design are achieved. As with EDQ 1 maters relating to massing, height etc will be considered through future applications and the conditions attached to the permission in principle. 9. Conclusions 9.1 Planning decisions must be made in accordance with the Development Plan unless material considerations indicate otherwise. As it is a designated housing site the principle of residential development is considered acceptable. Future MSC of full planning applications and the imposition of the conditions attached to this application will ensure a development that integrates successfully into the local area. 9.2 Notwithstanding the representations received (who will be able to comment on any future planning applications), the proposal is considered to accord with the policies contained within the North Lanarkshire Local Development Plan 2022 and as such it is recommended that planning permission be granted subject to conditions.
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Application No: 22/00119/FUL Proposed Development: Erection of 1.8m timber fence (in retrospect) Site Address: Banton Mill Mill Road Banton G65 0QG Date Registered: 3rd August 2022 Applicant: BDL (Scotland) Holdings Ltd Unit 3 Banton Mill Mill Road Banton G65 0QG Agent: Paul Houghton MRTPI Houghton Planning 10 Tarmangie Drive Dollar FK14 7BL Application Level: Local Application Contrary to Development Plan: No Ward: 01 Kilsyth Jean Jones, Heather Brannan-McVey, Denis Johnston, Representations: 8 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The fence is considered acceptable in terms of its visual impact on the surrounding area and in terms of road safety, therefore it is considered acceptable in terms of the criteria set out in the relevant policies contained within the North Lanarkshire Local Development Plan.
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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: 22/00119/FUL Name (of applicant): BDL (Scotland) Holdings Ltd Site Address: Banton Mill Mill Road Banton G65 0QG Development: Erection of 1.8m timber fence (partly in retrospect)
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Proposed Conditions:- 1. That the fence line hereby approved extends only to the section that has been constructed, which for the avoidance of doubt is highlighted in GREEN on the approved plan. Reason: To define the permission. 2. That the fence shall remain in its current state and not be stained/painted so for the avoidance of doubt the identified Woodworks Opaque Wood Finish, colour Ebony, shown on the application plans is not considered acceptable and is therefore not approved. Reason: In the interests of the visual amenity of the area 3. That in order to maximise the available sightlines, annual maintenance shall be undertaken of the Banton Road Leylandii trees to reduce as far as is practicable the amount of vegetation projecting beyond the fence line hereby approved. Reason: In the interests of traffic and pedestrian safety. Duration of Permission That the development to which this permission relates must be begun not later than the expiration of 3 years beginning with the date on which the permission is granted. If development has not begun at the expiration of this period the planning permission lapses Reason: To comply with Section 58 The Town and Country Planning (Scotland) Act 1997 as amended. Background Papers: Consultation Responses: NLC Greenspace Archaeology Service Traffic & Transportation Contact Information: Any person wishing to inspect these documents should contact Leigh Menzies at 01236 632500 Report Date: 25 October 2022
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APPLICATION NO. 22/00119/FUL REPORT 1. Site Description 1.1 The application site is an established commercial yard area at Banton Mill, Banton. 2. Proposed Development 2.1 This application seeks retrospective permission for the erection of a 2 metres high wooden fence along the Banton Road boundary to the south of the main vehicular site access and also along part of the southern site boundary which runs alongside a public footpath. 3. Applicant’s Supporting Information 3.1 The applicant has provided the details of the fence construction and location. 4. Site History 4.1 The site has been the subject of the following planning application: 03/00134/OUT Residential Development refused 20th March 2003 5. Development Plan 5.1 The proposal raises no strategic issues and can therefore be assessed in terms of Local Plan policies. 5.2 The application site is covered by policy PROM LOC3 (Housing Development Site) located within PP4 Green Belt in the adopted North Lanarkshire Local Development Plan which states that the Council seeks to protect the natural assets and provide a high-quality environment. 6. Consultations 6.1 NLC Roads and Transportation indicated that the decision should be deferred until it can be shown that a visibility splay of 4.5m x 215m can be achieved. 6.2 Archaeology Service indicated no objections as the proposed fence had no significant impact on the Kilsyth Battlefield or its setting. 6.3 NLC Greenspace no comments were received. 7. Representations 7.1 Following the carrying out of the statutory notification and press advert 8 letters of representation were received. These comments are summarised as follows: a. Restriction of light to neighbouring property b. Restriction of light to public footpath to west c. Obscuring of sightlines to commercial site vehicle entrance d. Use of combustible material (wood) creating a fire a hazard to nearby powerlines e. Restriction of movement of wildlife f. Section of fence that has been constructed has not used the horizontal supports, foundations and screws specified in submission g. The section of fence that has not yet been constructed should be a separate application h. The proposed colour of the fence would not be in keeping with the surrounding area i. Trees and vegetation removed have been dumped at the side of the public path to the west j. Access would be restricted to historical drains k. No permission has been sought for the wider clearance of the site and the fence seeks to block the activity on the site from the public l. Loss of natural barrier which impacts on the privacy in garden area in relation to the commercial
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site m. Fence does not enhance or improve the quality or character of the area n. Fence will form a narrow corridor which would not allow users to pass one another o. Disturbance of Japanese knotweed p. Risk of contamination to nearby agricultural land 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. 8.2 Development Plan: North Lanarkshire Local Development Plan: the site is identified as a Housing Development Site so is covered by promote policy allocation PROM LOC3 and the site itself is located with an area where the purpose of place is as designated Green Belt PP4. However given that the fencing is in relation to the existing long established commercial use it is considered that the Green Belt policy is most relevant to assess this particular proposal. This policy seeks to protect the natural assets and provide a high-quality environment. The proposal seeks to erect a fence which will assist in screening an established commercial site from a public road and footpath this is considered to have a positive impact on the visual amenity of the site and the area in general and as such is considered to be in compliance with the aims of this policy 8.3 The North Lanarkshire Development Plan also requires proposed development be assessed against Environmental and Design Qualities, in this instance it is considered that EDQ 3 (Quality of Development) to ensure that the proposal does not detract from the surrounding area. It is considered that the fence type proposed is acceptable and is not industrial in nature which is more in keeping with the semi rural nature of the surrounding area. 8.4 There are two elements to the fencing that are the subject of this application. In the first instance there is the section of fence which has already been constructed (alongside the Banton Road and a short section of the boundary adjacent to the footpath) It is considered that this section of fence is acceptable and does not adversely impact on the surrounding area 8.5 Notwithstanding the above, the plan accompanying the application indicates that additional fencing would be erected a further 140m along the southern or footpath boundary. However, the applicant has confirmed that this was an error and that they consider the natural barrier is sufficient and no additional fencing will be erected. A condition would be placed on any approval to highlight that this section is not approved i.e. that only retrospective permission is granted for those sections of fencing already erected. Consultations: 8.6 NLC Roads and Transportation indicated that the decision should be deferred until it can be shown that a visibility splay of 4.5m x 215m can be achieved. It is considered that this response fails to acknowledge the fact that this is a long established vehicle access serving a commercial yard and that visibility has in the past been impeded by the boundary hedge. It is further noted that given the existing road geometry this standard of visibility has never been possible at this vehicle access. With the installation of the new fence the lower sections of the boundary hedge have been removed so visibility has been improved and will be maintained by the imposition of a condition requiring the boundary hedge to be trimmed back. Accordingly, and notwithstanding NLC Roads comments the access visibility is considered to be acceptable in planning terms.
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Representations: 8.7 In response to the grounds of representation, these are summarised as follows and the respective responses should be noted: Objection Comments a. Restriction of light to neighbouring property (to the west) Response: Along the Banton Road boundary line of the fence there are a number of substantial leylandii trees and it is noted that prior to the erection of the fence at this section the foliage at the base of these was dense, it is not considered that the fencing along this section has had a significant detrimental impact on this. b. Restriction of light to public footpath to west Response: In terms of the section of the fence that has been erected along the public footpath there as there was a significant level of foliage prior to its erection, along with the height of existing trees on both sides of the path, it is not considered that the lighting of the footpath in this section has been impacted. With regard to the proposed section of fence that has not been erected along the public footpath as indicated above (para 8.5) this was an error on the plan and this is not proposed. c. Obscuring of sightlines to commercial site at the vehicle entrance Response: This is a long established vehicle access and it is considered that any impact on the sightlines is minimal due the location of the existing tree line and the amount of foliage that has been present historically. d. Use of combustible material (wood) creating a fire hazard to nearby powerlines Response: Wooden fencing is not considered to be a fire hazard and causes no additional concern in this regard that the adjacent trees e. Restriction of movement of wildlife Response: Considered that any such impact will be minimal. f. Section of fence that has been constructed has not used the horizontal supports, foundations and screws specified in submission Response: It is appreciated that there are elements of the construction of the fence that may not match the details provided, however the overall appearance of the fence that has been constructed is as depicted in the application. g. The section of fence that has not yet been constructed should be a separate application Response: The planning legislation allows for applications to be submitted with elements that have been developed and others that are proposed. In many cases this can ensure that any impacts of an overall development can be assessed as a whole. In any event the fence as constructed is all that is now proposed and this has been clarified with the applicant h. The proposed colour of the fence would not be in keeping with the surrounding area Response: The details provided by the applicant indicates and opaque wood finish colour ebony would be used the applicant has clarified that the fence will not be stained and condition will be placed on the permission to ensure it remains as erected. i. Trees and vegetation removed have been dumped at the side of the public path to the west Response: This was noted at the time of the site visit, but this is not part of the application currently
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being considered. In addition this is not a breach of planning regulations and could not be addressed through planning legislation. j. Access would be restricted to historical drains Response: This is not an issue that can be addressed through the planning legislation. Any concerns in this regard would be a civil matter that would required to be addressed between landowners. k. No permission has been sought for the wider clearance of the site and the fence seeks to block the activity on the site from the public Response: The wider activity on the site is not the subject of this planning application. This is an establish commercial site and the screening of the site from the public road is considered to have a positive impact on the visual amenity of the site from the public road. l. Loss of natural barrier which impacts on the privacy in garden area in relation to the commercial site Response: In terms of the removal of any of the natural barrier along the footpath this does not require planning permission and as such is outwith planning legislative powers. m. Fence does not enhance or improve the quality or character of the area Response: It is considered that the fence does have a positive impact on the area by screening a commercial use from the public road in a greenbelt setting. n. Fence will form a narrow corridor which would not allow users to pass one another Response: The fence does little to alter the character of the footpath o. Disturbance of Japanese knotweed Response: This cannot be addressed under planning legislation and any concerns in this regard require to be brought to the attention of SEPA. p. Risk of contamination to nearby agricultural land Response: It is not considered that the installation of a fence would contribute to any risk to possible contamination of surrounding land. 9. Conclusions 9.1 The proposed development accords in principle with policies set out in the North Lanarkshire Local Development Plan and the objections raised have been noted, however, it is considered that these are insufficient to prevent the planning permission granted. It is therefore recommended that planning permission in principle be granted subject to conditions.
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Application No: 22/00623/FUL Proposed Development: Change of use of dwellinghouse to serviced accommodation (in retrospect) Site Address: 10 Lammermuir Way Chapelhall North Lanarkshire ML6 8BE Date Registered: 20th September 2022 Applicant: Mr Gordon Smith 24 Bredisholm Drive Glasgow G69 7HZ Agent: N/A Application Level: Local Application Contrary to Development Plan: No Ward: 12 Airdrie South Michael Joseph Coyle, Paul Di Mascio, Sandy Watson, Michael McBride, Representations: 15 letters of representation received from 9 properties. Recommendation: Reasoned Justification: The proposed development meets the criteria set out in the relevant policies contained within the North Lanarkshire Local Development Plan 2022. Despite concerns from local residents, the proposed use is considered to be acceptable subject to review and on the basis that the proposal will not detract from the residential amenity of the application site or the surrounding residential area.
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Reproduced by permission of the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396. Planning Application: 22/00623/FUL Name (of applicant): Mr Gordon Smith Site Address: 10 Lammermuir Way Chapelhall ML6 8BE Development: Change of use of dwellinghouse to serviced accommodation
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Proposed Conditions:- 1. That the permission hereby granted is for a temporary period only and shall expire on 10 November 2024 Reason: To enable the Planning Authority to fully determine the acceptability of the use at the location and to monitor any impacts on local amenity. 2. That the change of use hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. Reason: To clarify the details on which this approval of permission is founded. Background Papers: Consultation Responses: Environmental Health (including Pollution Control) received 27 October 2022 Traffic & Transportation received 26 October 2022 Contact Information: Any person wishing to inspect these documents should contact Stewart MacCallum at 01236 632500 Report Date: 28th October 2022
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APPLICATION NO. 22/00623/FUL REPORT 1. Site Description 1.1 The application site is a 2 storey semi-detached dwellinghouse located within a modern established residential estate.. The site is surrounded by similar style of properties which are mainly detached/semi-detached dwellings. The house backs onto a woodland area. 1.2 The property has three bedrooms , shower room, kitchen and a lounge. No internal or external alterations are proposed. The site has parking in the form of a driveway along the southern side of the property which can accommodate 2 cars. 2. Proposed Development 2.1 The proposed development is for the retrospective change of use of dwellinghouse to serviced (self- catering) accommodation. The property would be fully managed by an agent (Signature Serviced Apartment Ltd). They would take to deal with the bookings and general maintenance/upkeep of the property. 2.2 Bookings are expected to be through insurance companies who have business through the letting agent. It is the case that insurance companies require short-term letting of properties for insurance claims whilst their clients have for example an issue such as flooding/fire damage and their property is uninhabitable or being repaired. The accommodation is required to rehouse them until the repairs/claim has been dealt with. 2.3 It is understood that the use has been in operation for several months. The applicant was not aware planning permission was required and has submitted this application to rectify the situation. 3. Applicant’s Supporting Information 3.1 The applicant has provided details of how the proposal would operate and is detailed above in section 2.1 and 2.2 above. 4. Site History 4.1 No relevant site history. 5. Development Plan 5.1 The is site is covered by polices General Urban Area PP 3 Policy Purpose of Place, AD 3 Policy Amount of Development and Environmental and Design Qualities EDQ3 Policy Quality of Development. 6. Consultations 6.1 Both NLC Transporation and NLC Protective Services have no objections to the proposal. 7. Representations 7.1 Following the standard neighbour notification procedure and press advert 15 representations were received from 9 local properties. The matters raised can be summarised as follows: • Disruption and stress on people’s lives with not knowing who is coming and going and their background. Trust will be affected and feel unsafe. Fear of how the people staying in the property will behave.
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• Issues with parking availability on site. Street already congested/work vans etc • Proposal will affect the amenity of a quiet street/House value impact • Not a suitable location and out of character for the area. • Increase in noise especially in the evenings impacting amenity due to residents shift work/dogs/parties/anti-social behaviour/fire safety concerns. • Loss of affordable family home in an area which already has a chronic shortage of houses. • Having different tenants in a short time span will cause a feeling of unease and dissatisfaction. • Can cause problems such as anti-social behaviour, noise pollution, parking issues , sense of distrust, domestic waste not being property disposed off and the garden /property not being maintained. Potential multiple occupancy. In total 15 letters of representation were received. It is noted that there were several cases of representations from the same address so there were more representations however the Council`s scheme of delegation accepts one representation per property. 8. Planning Assessment 8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 states that a planning application should be assessed against the relevant development plan policies unless material consideration indicate otherwise. In this case, the proposal is not of strategic significance and as such, should be assessed in terms of the relevant local plan polices. 8.2 Policy PP 3 (General Urban Area) seeks to maintain and improve the level of amenity in urban areas, by encouraging development that is in keeping with their residential character and encouraging diversity on more mixed-se areas. 8.3 Policy EDQ 3 (Quality of Development ) states that development will only be permitted where high standards of site planning and sustainable design are achieved. 8.4 The proposal is for a form of residential use albeit it is not permanent residency and in this case it is short term letting accommodation. Although more transient than would normally be the case, there is no reason to believe that local amenity would be significantly altered and the proposal is considered an acceptable use subject to meeting the requirements in policy EDQ3 Quality of Development. 8.5 The Roads Development Management Service have no objection to the proposal as there would be unlikely to be a material change in parking demand in comparison to the existing use. The property has an existing off street parking and there is at least two spaces available. However, it is not considered to cause more of an issue than if the property was being used a family home. 8.6 Protective Services had no comment to make on the proposal. It is acknowledged that there would be some noise from the property however it is not considered to be more than if the property was used a family home. The applicant has appointed a letting agent to manage the property on his behalf. It is quite common for people letting out properties for service accommodation to use management companies. Noise is not considered to be a reason for refusal as it is not considered that the proposal will cause an increase of noise, more than a family home. 8.7 Representations received have been summarised in Section 7.1 and addressed below in section 8.8. It is acknowledged that the issues raised such as personal safety, unsure of people coming and going, not knowing who is staying in the property are important however they are not within the remit of planning legislation. It is recognised that that such changes of use have the potential to have a negative impact on local amenity, particularly if tenant turnover is frequent and in this case it could be, as could be the case with most serviced accommodation. A temporary permission of 2 years is
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therefore seen as being appropriate to allow the planning authority to fully determine the acceptability of the use at this location and to monitor any impacts on local amenity. 8.8 The matters raised in the representation letters are address as follows: Proposal going to cause disruption and stress on people’s lives. Comment: There will be higher turnover than usual of occupancy of the house but not to the extent that this would merit a refusal of planning permission. Noise the proposal will cause and an increase in noise in the evenings which residents are not used to Comment: The Councils Pollution Control was consulted on this application and did not raise any concerns regarding noise. Noise should be no worse than if a family were living in the property on a long term basis. Concern that it will be used as multiple occupancy instead of a family home. Comment: The dwelling is being rented out as one housing unit and not individual rooms. Issues with parking availability on site. Street already congested/work vans etc Comment: Adequate parking is provided as required. It is not considered that the proposal will cause an increase more than if the dwelling was used a family home. NLC Transportation were consulted as part of the application and had no objection to make. Fear of how people staying in the dwellinghouse will behave or know their background and anxiety to existing residents. Comment: Whist issues related to safety are important, they are not within the remit of planning legislation. Proposal out of character for the area and therefore not suitable. Comment: It is considered that proposal can be accommodated within the area without significant or serious detriment to the surrounding area. Similar proposals have been approved in similar residential areas. Given current social housing issues property better suited to serve community as a family home/Loss of affordable family home in an area which already has a chronic shortage of houses. Comment: Any changes to the overall supply of mainstream housing on the back of this application would be very limited. Proposal will create antisocial environment./ Not safe environment/illegal activities Comment: Whilst issues relating to personal safety are important, they are not within the remit of planning legislation. There is no reason to believe that the proposal will create an anti-social environment. Any illegal activity should be reported to the Police. Due to short term lets it creates the opportunity for the residents not to care as much about the property as longer term residents would. Comment: It is the owner’s responsibility to ensure the house is maintained properly or in this case the letting agent acting on their behalf. 9. Conclusions 9.1 It is considered for the reasons above that the proposal complies with polices PP3 (General Urban area) and EDQ3 (Quality of Development) in the North Lanarkshire Local Development Plan 2022. Despite local concerns, the proposal is considered to be acceptable subject to future review and on the basis that the proposal will not detract from the residential amenity of the application site or the surrounding area.
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Application No: 22/00997/PPP Proposed Development: Single dwellinghouse (in principle) Site Address: Burniebrae House Burniebrae Road Chapelhall ML6 8QB Date Registered: 24th August 2022 Applicant: Ms Denise Woolfries Burniebrae House Burniebrae Road Chapelhall ML6 8QB Agent: Mr David Rose ADR (Design) Ltd The Nurseries 5 Tak-Ma-Doon Road Kilsyth G65 0RS Application Level: Local Application Contrary to Development Plan: Yes Ward: 12 Airdrie South Michael Joseph Coyle,Paul Di Mascio,Sandy Watson,Michael McBride, Representations: 0 letter(s) of representation received. Recommendation: Approve Subject to Conditions Reasoned Justification: The siting of the proposed dwelling on previously developed land within Green Belt which has been degraded by a former activity and has been in industrial use in recent years is considered to be an acceptable departure from the North Lanarkshire Council Local Development Plan and would not, in this particular instance, have an adverse impact on the amenity, openness and/or character of the Green Belt nor would it compromise any of the functions outlined in paragraph 49 of Scottish Planning Policy that Green Belt seeks to serve. The site is the subject of a previous planning approval for a detached dwelling and there have been no material changes and/or policy changes affected the site that would warrant refusal in this instance. The proposed development presents an opportunity to reclaim and potentially decontaminate a brownfield site and to remove all unsightly visual and physical evidence of past industrial and mining activities.
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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: 22/00997/PPP Name (of applicant): Ms Denise Woolfries Site Address: Burniebrae House Burniebrae Road Chapelhall ML6 8QB Development: Single dwellinghouse (in principle)
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Proposed Conditions:- 1. That before any part of the development starts, a further planning application shall be submitted to the Planning Authority in respect of the following matters:- (a) the siting, design and external appearance of dwelling; (b) the means of access to the site including visibility splays; (c) the layout of the site, including all roads, footways, and parking areas; (d) the design and location of all boundary walls and fences; (e) the provision of drainage works; (f) the disposal of sewage; (g) details of existing trees, shrubs and hedgerows to be removed and retained, (h) details of all compensatory planting, which should include mixed native species; (i) details of existing and proposed site levels; (j) details of waste storage and waste collection point; (k) details of resource and energy efficiency measures to reduce carbon emissions Reason: To ensure a satisfactory standard of external appearance is achieved 2. That notwithstanding the requirements of Condition 2 above, the proposed dwellinghouse shall: (a) be no higher than two storeys in height, including accommodation in the roof space, (b) have a footprint no greater than that shown on the approved proposed block plan, (c) have a frontage that faces Burniebrae Road, (d) include an improved vehicular access with maximised visibility splays. Reason: To ensure that the site is developed in an acceptable manner. 3. That notwithstanding the requirements of Condition 1 above, a further planning application shall include a comprehensive site investigation report to be submitted for the approval of the Planning Authority. The investigation must be carried out in accordance with current best practice, such as BS 10175: The Investigation of Potentially Contaminated Sites, or CLR 11. The report must include a site-specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required as part of the above report. Reason: To ensure that the site is free of contamination in the interests of the amenity. 4. That on completion of any remedial works identified by the site investigation required under the terms of Condition (3) and before the residential dwelling is occupied, a certificate (signed by a suitably qualified Environmental Engineer) shall be submitted to the Planning Authority confirming that any such remediation works have been carried out in accordance with the submitted details. Reason: To ensure the site is free of contamination in the interests of the amenity of future users of the residential property.
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Background Papers: Consultation Responses: Letter from The Coal Authority received 22 September (No objection) Memo from NLC Protective Services received 30 September (No objection) Memo from NLC Traffic & Transportation received 23 September (Objection) Letter from Scottish Water received 16 September (No objection) Contact Information: Any person wishing to inspect these documents should contact Ann McGregor at 01236 632500 Report Date: 28th October, 2022
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APPLICATION NO. 22/00997/PPP REPORT 1. Site Description 1.1 The application site is located immediately north of Burniebrae House, Burniebrae Road, Airdrie just outside the defined settlement boundary of Chapelhall. The site is designated Green Belt and extends to some 970 square metres. 1.2 Historical maps from around 120 ago show the footprint of three buildings on the site. Black and white photographs of these former buildings, assumed to be associated with coal mining legacy, have been submitted in support of the application. Inter war maps show that the site was subsequently cleared. The site was not occupied again until the early 1960s when it was leased for use by a haulage company. From around 1973 until 1984, the site was used as a storage yard for operational vehicles, construction equipment, construction materials or other tangible materials and equipment and thereafter, was occupied by the current applicant for use as a lorry park and skip storage. The site has been used intermittently over the years and whilst in parts is grassed over, it nevertheless contains visible remains of a former use. 1.3 The site is fully enclosed by an established mixed species tree boundary and is visible only through small gaps in trees and through the existing gated vehicular entrance to the site which fronts Burniebrae Road. The site is otherwise concealed from public views. 1.4 The site boundary is defined to the west by Burniebrae Road at the point where the road joins Bowhouse Brae Road and to the north and east, by the Shoks Burn, beyond which lies open fields with some scattered groupings of established trees. Whilst the proposed dwelling is located within close proximity to the Shoks Burn, it is not situated in the functional flood plain; therefore the site is not at risk of flooding. Burniebrae House, a single storey detached house (also in the ownership of the applicant), shares a common boundary with the site to the south. The Scottish Water Pumping Station lies opposite the site to the northwest. 2. Proposed Development 2.1 The application seeks planning permission in principle for the erection of a detached dwelling and detached garage. A proposed block plan with indicative footprint of the proposed dwelling and garage has been submitted in support of the application. The block plan illustrates the spatial setting around the proposed the dwelling and garage and demonstrates that the site can accommodate a development of this scale. The site access is also shown on the proposed block plan, together with the maximum visibility splays that can realistically be achieved at this location, taking account of hedge clearance and inclusion of land to the north of the site outside the Applicant’s control. It is noted that the proposed visibility splays fall short of recommended standards on derestricted roads (60mph for single carriageway).
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3. Applicant’s Supporting Information 3.1 The Applicant has provided some background information on the most recent and historical use of the site, together with photographs of former buildings on the site. The Applicant has confirmed ownership of the site since 1984 and intermittent use of the site for secondary lorry and skip storage; the Applicant’s main business and yard being formerly located in Kilsyth. Prior to 1984, whilst under different ownership, the site was occupied for some 25 years or so as a storage yard and was under lease during some of this period, by a haulage firm. 4. Site History 17/01904/PPP Detached Dwelling Granted permission May 2018 4.1 As indicated above, a previous application for a detached dwelling on the site was approved on 17 May 2018 (Planning Reference: 17/01904/PPP) under the North Lanarkshire Local Plan (2012). At the time of approval, the site was designated as Green Belt. The site is still located within Green Belt in the current North Lanarkshire Local Development Plan (2022) and there have been no material changes or changes to Development Plan Policy as it relates to this site that would lead to an alternative recommendation 5. Development Plan 5.1 The application raises no issues of strategic significance and can be determined solely in the context of the North Lanarkshire Local Development Plan (Adopted July, 2002). 5.2 The site is located in Green Belt in the North Lanarkshire Local Development Plan where Policy PP4 Purpose of Place applies. Policies EDQ 1 Site Appraisal and EDQ 3 Quality of Development are also relevant. 5.3 Scottish Planning Policy (SPP), Planning Advice Note 73 and SPG 07 Green Belt (non-statutory guidance) are also material. 5.4 Material to the determination of the application, is the previous consent for a detached dwelling (Planning Reference 17/01904/PPP granted 7th May 2018). 6. Consultations A summary of responses from consultees is set out below: (1) Traffic & Transportation recommend that the application is refused due to insufficient visibility splays. Burniebrae Road is a local distributor road which is unlit and derestricted at the point of the proposed access and has no footways. Visibility splays at the proposed access are 1.0m x 40.0m approximately to the left and 2.0m x 30.0m approximately to the right. The requirement is for visibility spays of 2.5m x 215.0m in both directions.
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(2) Protective Services has no objection to the proposal subject to the submission of a comprehensive site investigation in accordance with BS: 10175:2011 ‘’The Investigation of Potentially Contaminated Sites’’ and, depending on the results of the investigation, a detailed remediation strategy. (3) The Coal Authority has no objection to the proposal and considers that the content and conclusions of the Coal Mining Risk Assessment Report are sufficient to demonstrate that the application site is, or can be made, safe and stable for the proposed development. The Coal Authority has indicated however, that further detailed considerations of ground conditions and/or foundation design may be required as part of any subsequent building warrant application. (4) Scottish Water has no objection and refers the Applicant to standard advice 7. Representations 7.1 Following the neighbour notification and press advertisement procedures, no letters of representation have been received. 8. Planning Assessment 8.1 Section 25 of the Town and Country Planning (Scotland) Act requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. 8.2 Policy PP4 Purpose of Place of the Development Plan seeks to resist development in Green Belt that does not need a Green Belt location and/or is not for agriculture, forestry, recreation or tourism with the aim of protecting the setting of communities and natural assets and in order to provide a high-quality environment and to support regeneration by directing growth to urban areas. Applications for development in the Green Belt are subject to an assessment of appropriateness and criteria which includes, amongst other matters, the strength of the evidence that has been submitted in support of the application, namely, a business plan or statement justifying that the development is compatible with the Green Belt. 8.3 The current proposal for a single dwelling in the Green Belt does not satisfy any of the very specific criteria of Policy PP4 and consequently may reasonably be deemed as inappropriate development in Green Belt. The Applicant has provided supporting information to justify the development on the basis that the site constitutes brownfield land (or previously developed land) having formerly been occupied by buildings and having been in sustained use for mineral and industrial activity for a period in excess of 100 years. 8.4 A broad definition of brownfield land is provided in Planning Advice Note 73: Rural Diversification and in SPP. It is land that has previously been developed and/or has been occupied by redundant or underused buildings or has been significantly degraded by a former activity. It is accepted that the site meets the definition of brownfield land and has become significantly degraded over many years such that it could not easily or readily be returned to a more natural state without significant intervention.
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8.5 Whilst substantial weight should be given to any adverse impacts on the Green Belt as a consequence of development, reclamation of brownfield land and remediation of potentially contaminated land in Green Belt, may provide sufficient reason in certain situations, to constitute exceptional circumstances that would allow development to be permitted notwithstanding the importance given to the Green Belt. The benefits of allowing development in Green Belt should outweigh any harm caused by it, including, visual harm and loss of openness. Similarly, development should not compromise the purpose for which the Green Belt was designated. 8.6 The site does not contain any buildings but is characterised by the physical remains of former industrial activity. A significant portion of the site is covered in hardstanding and the remainder of the site is visibly degraded. The proposal will remove all physical traces of the former industrial use and where necessary, the land will be decontaminated before it is brought back into productive use. An important characteristic of the site is its tree lined boundary which creates a soft green definition around the site and serves to fully enclose and conceal the site from public view. This feature should be retained in order to maintain the site’s semi-rural character. Where trees and vegetation are proposed to be cleared to accommodate the proposed dwelling and the associated drive and visibility splays, suitable compensatory planting will be required. If the Committee is minded to approve the application, it is recommended that a condition is attached to ensure that details of all trees, shrubbery and vegetation to be removed are identified and that compensatory planting, including native tree species, is provided. 8.7 Policies EDQ1 and EDQ3 seek to create high quality developments and environments and as part of this it is expected that development should integrate successfully into its natural landscape setting (EDQ1) and should achieve high standards of site planning and sustainable design (EDQ3). As the application has been submitted in principle, the proposed dwelling cannot be assessed against the relevant detailed criteria listed in Policies EDQ1 and EDQ3. However, it is assumed that a dwelling of modest scale and proportions that makes use of traditional materials, and recessive colours to blend with the semi-rural landscape palette, will integrate well with the landscape character and Green Belt setting. Retention of the established tree belts and tree enclosure will also facilitate integration. 8.8 NLC Traffic & Transportation’s objection is noted. However, the proposal seeks to use an existing vehicular access that has been used intensively by large haulage vehicles over past years without apparent detriment to highway safety. The current proposal will also generate much fewer trips than any of the previous industrial uses on the site and will provide an opportunity to improve the current visibility splays at Burniebrae Road. It is, therefore, considered that the proposal will not have a significant adverse impact on road safety. A planning condition is recommended to ensure that the existing vehicular access is improved and that maximum visibility splays are provided; both of which would be addressed again in a further detailed application. As above, it should also be noted that planning permission was granted for a house in recent times and this has only recently lapsed.
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9. Conclusions 9.1 A previous application for a detached dwelling on the site was approved on 17 May 2018 (Planning Reference: 17/01904/PPP) under the North Lanarkshire Local Plan (2012). At the time of approval, the site was designated as Green Belt. The site is still located within Green Belt in the current North Lanarkshire Local Development Plan (2022) and there are no significant policy changes and/or material considerations affected the site that would lead to an alternative recommendation. Whilst the proposed development raises a conflict with Policy PP4, it also presents an opportunity to clear an unsightly brownfield site and bring about significantly wider environmental and visual benefits to the Green Belt than would otherwise be the case if the site remained in its current condition. On account of this, it is considered that exceptional circumstances exist to warrant approval of the application and that the proposed development represents an acceptable departure from the Local Development Plan. Planning conditions are recommended to ensure that the proposed dwelling will be in keeping with the scale and character of the surrounding rural area.