North Lanarkshire

Council

Planning Applications for consideration of Planning Sub-Committee

Committee Date: 28-02-2019

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved

APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE

28th February 2019

Page

No

Application No

Applicant Development/Site Recommendation

7-14 18/01289/FUL

Mr & Mrs

Warren and

Josephine

Crawford

Detached Dwellinghouse

Land To Rear Of

420 Greengairs Road

Greengairs

Airdrie

ML6 7TQ

Grant

15-21 18/01582/FUL MJM Builders

Ltd

Two Dwellinghouses

Site West Of 2 Croftfoot Cottage

Glenboig Road

Marnoch

Glenboig

Grant

22-32 18/01607/CAAD

Mr W H

Sawyers

Certificate of Appropriate Alternative

Development for Use Classes 1, 3, 4, 5,

6, and 7

Site East Of Rowantree Row & South Of

Budshaw Farm Road

Biggar Road,

Chapelhall

Airdrie

Refuse

33-39 18/01672/FUL

Tracey

Investments

Ltd

6 Units for Classes 1, 2, 3 and Sui

Generis (Hot Food Takeaway) and

Associated Works

1 St Maurices Gate

Cumbernauld

G68 9FW

Grant

40-44

45-50

18/01782/FUL

18/01819/FUL

Mr & Mrs

Dickson

Photo-Me

International

Plc

Change of use of public footpath to

domestic garden ground

Land Adjacent To

12 Rowan Street

Coltness

Wishaw

ML2 7EG

Installation of a self-service launderette

unit (retrospective)

27 Leven Street

Motherwell

ML1 2SY

Refuse

Grant

51-60 18/01829/FUL North Lanarkshire Council

Development of a New Urban Park and Greenspace Land South of Ravenscraig Sports Facility Robberhall Road Motherwell

Grant

Application No: 18/01289/FUL

Proposed Development: Detached Dwellinghouse

Site Address: Land To Rear Of 420 Greengairs Road Greengairs Airdrie ML6 7TQ

Date Registered: 30th August 2018

Applicant: Mr & Mrs Warren and Josephine Crawford 239 Greengairs Road Greengairs Airdrie UK ML6 7SZ

Agent: John Lamb Architect 70 Woodside Drive Waterfoot Glasgow UK G76 0HD

Application Level: Local Application

Contrary to Development Plan: Yes

Ward: 08 Airdrie North Alan Beveridge, Sophia Coyle, David Cullen, Thomas Morgan,

Representations: 1 letter of representation received.

Recommendation: Approve Subject to Conditions Reasoned Justification:

The proposed development is considered an acceptable departure in relation to the Rural Investment policy of the North Lanarkshire Local Plan as the proposed development can be accommodated at this location in this instance and will respect natural boundaries adjacent to the site.

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: 18/01289/FUL Name (of applicant): Mr & Mrs Warren and Josephine Crawford Site Address: Land To Rear Of 420 Greengairs Road Greengairs Airdrie ML6 7TQ Development: Detached Dwellinghouse

Proposed Conditions:- 1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall

be implemented in accordance with drawing numbers:- 17.08.02, 17.08.03 and 17.08.04 Rev A Reason: To clarify the drawings on which this approval of permission is founded. 2. That before the development hereby permitted starts, full details of the design and location of all

fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of visual amenity by ensuring that fences and walls are appropriate for the site

and for the general area. 3. That before the dwelling hereby permitted is occupied, the access, parking and manoeuvring areas

serving the dwelling, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas. Thereafter, all off-street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.

Reason: To ensure adequate provision of access, parking and manoeuvring areas. 4. That unless otherwise agreed in writing with the Planning Authority a minimum of the first two metres

of the driveway shall be paved in an impervious material. Reason: To prevent loose material being carried onto the public road. 5. That unless otherwise agreed in writing with the Planning Authority drainage facilities shall be provided

on site to prevent surface water running from the site onto the public road. Reason: In the interests of road safety. 6. That BEFORE any works of any description start on the application site, unless otherwise agreed in

writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.

Reason: To establish whether or not site decontamination is required in the interests of the amenity

and wellbeing of future residents. 7. That any remediation works identified by the report agreed in terms of Condition 6 above shall be

carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. No individual dwelling or flat shall be occupied until a certificate (signed by a chartered Environmental Engineer) has been submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the agreed Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing

of future residents. 8. That BEFORE any works start on site, the applicant must confirm in writing to the Planning Authority

that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by CIRIA in March 2000.

Reason: To prevent groundwater or surface water contamination in the interests of environmental and

amenity protection.

9. That prior to the commencement of development, the applicant shall provide written confirmation to

the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory drainage arrangements. 10. That BEFORE any works of any description start on the application site, unless otherwise agreed in

writing with the Planning Authority, a scheme of intrusive site investigation to assess the ground conditions and the potential risks posed to the development by past shallow mining activity shall be undertaken and a comprehensive report outlining the findings arising from the intrusive site investigations, the results of gas monitoring, scheme of proposed remedial works and their implementation shall be submitted to and for the approval of the said Authority. The works as approved shall thereafter be implemented in full prior to the commencement of development on site.

Reason: To ensure the mineral stability of the site. 11. That BEFORE any works of any description start on the application site, unless otherwise agreed in

writing with the Planning Authority, a proposed mine shaft remediation scheme shall be submitted to and approved in writing by the Planning Authority and the works as approved shall thereafter be implemented in full prior to the commencement of development on site.

Reason: To ensure the mineral stability of the site. 12. Notwithstanding the plans hereby approved the 6m stand-off distance from the burn shall be

maintained and no development carried out in the buffer area and no bridges or any form of informal access shall be created unless otherwise agreed in writing by the Planning Authority.

Reason: To protect the riparian corridor and ensure sufficient distance is achieved between the

development and the core peatland parts of the SINC. 13. That prior to any works starting on site a Construction Method Statement shall be submitted to and

approved by the Planning Authority. The Construction Method Statement should cover:

Details of all on site construction;

Drainage and pollution prevention measures;

A pollution prevention plan;

Robust water protection measures in compliance with SEPA's PPG5 - Pollution Prevention Guidelines; and

Protection Measures to minimise ecological impacts and monitoring by a project ecologist whose appointment will be approved prior to construction by North Lanarkshire Council

Thereafter the development shall be implemented in accordance with the approved Construction Method Statement and monitored by the approved project ecologist.

Reason: In the interests of the amenity of the area, to ensure that necessary contingencies are in

place to minimise pollution risks and minimise any ecological impacts of the development. 14. That prior to any works starting on site a Bio-diversity enhancement plan in line with the

recommendations outlined within the Ecological Appraisal carried out by Applied Ecology Ltd dated December 2018 in relation to habitat improvement for non-native species, birds, Great Crested Newt, Bats and Reptiles shall be submitted to and agreed in writing by the Planning Authority.

Reason: In the interests of the improvement of bio-diversity of the site.

Background Papers: Consultation Responses: Traffic & Transportation Environmental Health (including Pollution Control) received 9th January 2018 NLC Greenspace received 10th October 2018 and 10th January 2019 The Coal Authority received 18th September 2018 Scottish Environment Protection Agency received 10th October 2018 and 3rd January 2019 Scottish Water received 4th September 2018 Contact Information: Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01236 632500 Report Date: 14th February 2019

APPLICATION NO. 18/01289/FUL REPORT 1. Site Description

1.1 The application site is an area of open space to the rear of the parking area associated with the

former public house at 420 Greengairs Road, Greengairs, Airdrie. The site is located on an area of overgrown land that has been subject to some fly tipping which is accessed from its own established access on Greengairs Road. The site is bounded by a site previously approved for a dwelling (current application in for a dwelling on this location) to the north, open space and a small watercourse to the south and east and the established residential cul-de-sac of Elmpark Grove to the west. The site is also bounded by a Site of Importance for Nature Conservation (SINC) to the south

2. Proposed Development 2.1 The application seeks planning permission for the erection of a two storey detached dwelling

incorporating a footprint of 155 square metres, associated parking and turning areas. The dwelling incorporates a hipped roof design with dark grey concrete roof tiles, white coloured textured render, silver grey larch timber cladding, grey/buff stone cladding and dark grey PVC windows and doors. The dwelling has a living/dining/kitchen area, family room, utility, study and cloakroom/WC on the ground floor and 4 bedrooms on the upper floor (one master en-suite with dressing room and one guest room en-suite) and a family bathroom.

3. Applicant’s Supporting Information 3.1 The applicant has submitted supporting information in relation to this application which includes a

Planning Statement which concludes that the development would occupy a brownfield site which has had various uses, will not extend the village boundary beyond a line already established by existing development and incorporates a generous spacing relationship to surrounding buildings. In addition the applicant has provided an Ecology Report, Coal Mining Risk assessment and Supporting Information in relation to SEPA's request for additional flood risk information for the proposals.

4. Site History 4.1 A previous application for the site 17/00834/FUL for the construction of Garage/Operating Centre for

Taxi/Chauffeur Driven Hire Cars and 2 Dwellinghouses, with associated access road and parking area was withdrawn on the 6th March 2018.

4.2 In terms of the public house and land located to the north of the site there was a previous approval

application 11/00316/FUL for the construction of a one and a half storey dwelling to the rear of the public house which was never constructed. A new application for a dwelling 18/01416/FUL is current under consideration with planning at the time of this committee. In terms of the public house further to the north this is also subject to a current planning application 18/01415/FUL for change of use to a bed and breakfast but the application lacks sufficient information to validate at the time of this committee.

5. Development Plan

5.1 The application site is covered by policy NBE 3B (Assessing Development in the Rural Investment

Area) in the North Lanarkshire Local Plan and policies DSP 1-4 are also relevant. 5.2 It should be noted that part of the application site appears to overlap a small part of the SINC located

to the south and therefore Policy NBE 1A4a (Sites of Importance for Nature Conservation) is relevant however all development will take place outwith the SINC area.

6. Consultations

6.1 A summary of the comments received are as follows:

i) NLC Roads Development Team No response received however adequate conditions are added to address any parking, access and egress issues in relation to the site.

ii) NLC Environmental Health (Pollution Control)

Pollution Control has no objection subject to conditions relating to further Site Investigation works and mitigation measures if necessary to be submitted to and approved by the Planning Authority.

iii) NLC Greenspace Comment that the Greengairs Peatland SINC is 52.3ha in area and that 752m² of the SINC lies within the application site accounting for 0.14% of the total SINC area. Greenspace do not therefore object to the proposals subject to the recommendations contained within the submitted Ecological Appraisal dated December 2018 in relation to the 6m stand-off, no bridges over the burn or informal access to the SINC, robust pollution prevention measures during construction and bio-diversity enhancement to the site.

iv) SEPA Confirm no objection to the proposals.

v) Scottish Water Confirm no objection to the proposals.

vi) The Coal Authority Do not object to the proposed development subject to a condition relating to comprehensive and intrusive site investigation works, gas monitoring and remedial works if necessary being carried out to determine the extent of historic coal mining on site and any identified remediation measures being carried out to the satisfaction of the Planning Authority in consultation with the Coal Authority.

7. Representations a. Following the standard neighbour notification and press advertisement process 1 Letter of

representation has been received with respect to the proposed development and outlines the following concerns:-

Concerns regarding the incorrect addressing of the site and lack of neighbour notification. 8. Planning Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions

must be made in accordance with the development plan unless material considerations indicate otherwise.

North Lanarkshire local Plan 8.2 Development Plan - North Lanarkshire Local Plan (NLLP): Residential development in the Rural

Investment Area is covered by Policy NBE 3B (Assessing Development in the Rural Investment Area). In the case of the development proposed this allows for up to 4 housing units that enhance an existing cluster of development and are acceptable in terms of design, scale, access and countryside integration. In addition proposals must also enhance natural heritage value, respect natural boundaries and safeguard the integrity of European sites. It should be noted that part of the application site appears to overlap a small part of the SINC located to the south and therefore Policy NBE 1A4a (Sites of Importance for Nature Conservation) is relevant however all development will take place outwith the SINC area. The NLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Due to the limited nature of the development the proposal raises no issues with regards to Policies DSP 1, DSP2, and DSP3.

8.3 In terms of Policy NBE 3B the new residential dwelling is required to satisfy assessment criteria,

including the requirement that it enhances an existing cluster of development. In this case it is clear that the proposal does not relate to an existing cluster as defined by SPG08 which considers a cluster to be a residential dwelling and associated agricultural buildings. The proposals therefore cannot be considered to enhance an existing cluster in line with the policy NBE 3B. However in this case it is considered that the development would enhance the area and is considered to be a natural extension of the built fabric of the settlement that has had previous uses and has been subject to fly tipping which has degraded its appearance. The proposed development would ensure the area is enhanced by removal of the tipping, provision of additional landscape planting and will utilise its own existing access onto Greengairs Road. In terms of design and scale it is considered that the proposed development is compatible with both the design of the dwellings located to the west in

Elmpark Grove and the dwelling proposed as part of the application to the north of the site. In terms of the proposals enhancing natural heritage value, respecting natural boundaries and safeguarding the integrity of European sites it should be noted that the site is naturally bounded to the south and east by the existing watercourse and by the existing and proposed residential developments to the north and west. A 6m buffer as requested by NLC Greenspace is also proposed between the dwelling and the watercourse to the south and east and none of the proposed development will be located within the SINC area designation to the South. It is therefore considered that the proposed development is an acceptable departure from the local plan and can be accommodated in this particular instance.

8.4 Policy DSP 4 - sets out that development will only be permitted where high standards of site planning

and sustainable design are achieved. This policy sets out criteria and requirements in this respect which include; character and setting, site appraisal and evaluation of design options, water body status protection, integration into the local area, and safe access for cars. The dwelling would be located in the rural investment area and is well screened to the north with an open aspect to the south and incorporates a design and finish compatible with the existing dwellings adjacent at Elmpark Grove. Having consulted NLC Roads they have not provided comments but given the existing nature of the access it is considered reasonable that a single dwelling could be accommodated in this instance given the previous non-residential uses that have utilised the access in the past. It is therefore considered that the proposed access is acceptable in terms of width, pedestrian facilities, turning facilities and parking provision. It is considered that the development would integrate successfully within the site and surrounding rural area given its layout and design and would not be an unduly prominent feature within the landscape. In terms of design the proposed dwelling is acceptable and its scale is such that it would not significantly impact on the rural character or erode the openness of the Rural Investment area at this location. In terms of DSP 4 requirements regarding the principles of sustainable development, mitigation of impacts (noise, air quality, pollution etc) and protecting water bodies and SUDS/drainage issues it is considered that the proposals accord with these policies and that these matters can be covered by appropriate conditions if approved. It is therefore considered that the proposals are in accordance with policy DSP 4.

Other Material Considerations

8.5 Turning to the letters of objection it should be noted:-

Concerns regarding the incorrect addressing of the site and lack of neighbour notification.

Response: The issue regarding the incorrect address of the site and neighbour notification was addressed once highlighted.

8.6 Taking account of the consultation responses received it is considered that all matters raised can be

addressed suitably by conditions. In terms of the representation received as noted above the issues in terms of the neighbour notification and address of the site have been addressed.

9. Conclusions a. Taking the above assessment into account, it is considered that this development is an acceptable

departure from the local plan in this instance. Following detailed consideration of the proposals, it is considered that in this instance the development can be accommodated at this location as it will serve to enhance the existing built fabric to the north and is acceptable in terms of design, scale, access and will enhance natural heritage value whilst respecting natural boundaries such as the watercourse to the south and east. Therefore, for the reasons detailed in the planning assessment above, it is recommended that planning permission be approved.

Application No: 18/01582/FUL

Proposed Development: Two Dwellinghouses

Site Address: Site West Of 2 Croftfoot Cottage Glenboig Road Marnoch Glenboig

Date Registered: 21st November 2018

Applicant: MJM Builders Ltd 3 Old Dullatur Road Dullatur Cumbernauld G68 0AR

Agent: N/A

Application Level: Local Application

Contrary to Development Plan: No

Ward: 06 Gartcosh, Glenboig And Moodiesburn Willie Doolan, Greg Lennon, Michael McPake,

Representations: 7 representations received.

Recommendation: Approve Subject to Conditions Reasoned Justification The proposal complies with policies HCF1 A and DSP4 in the North Lanarkshire Local Plan.

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: 18/01582/FUL Name (of applicant): MJM Builders Ltd Site Address: Site West Of 2 Croftfoot Cottage Glenboig Road Marnoch Glenboig Development: Two Dwellinghouses

Proposed Conditions:-

1. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. For the avoidance of doubt drawing approved is NH-PL-10-18-001.

Reason: To clarify the drawings on which this approval of permission is founded. 2. That before the development hereby permitted starts, full details of the facing materials to be

used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be completed in accordance with the approved details.

Reason: In the interests of amenity and design by ensuring that external materials are

appropriate for the site. 3. The developer shall ensure to the satisfaction of the Planning Authority, that the ‘Duck’s Walk’

Core Footpath 145 immediately adjacent to the site remains open, clean and unimpaired during construction works.

Reason: To ensure continued access along the core footpath and in the interests of general

amenity. 4. Clearance of the site should be undertaken outwith the breeding bird season. The breeding

bird season is March to September inclusive. If this is not possible, an experienced ecologist is required to check for nesting birds within 24 hours of work on site commencing. If any nesting birds are identified, then these habitats must not be disturbed until all of the chicks have fledged.

Reason: All wild birds, their nests and eggs are protected under the Wildlife and Countryside

Act 1981. 5. Unless otherwise agreed in writing by the Planning Authority, from the commencement of

development and for the duration of the works Great Crested Newt exclusion fencing shall be erected around the boundary of the site details of which will first be agreed in writing by the Planning Authority

Reason: To prevent Newts entering the site during construction works in order to comply with

the relevant protected species legislation. 6. That prior to the commencement of development, the applicant shall provide written

confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory drainage arrangements. 7. That BEFORE any works of any description start on the application site, unless otherwise

agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.

Reason: To establish whether or not site decontamination is required in the interests of the

amenity and wellbeing of future residents.

8. That any remediation works identified by the site investigation required in terms of Condition 7 shall be carried out. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and

wellbeing of future residents. Background Papers: Consultation Responses: Scottish Gas Network received 22.11.18. Scottish Natural Heritage received 23.01.19. NLC Greenspace received 11.12.18. NLC Protective Services (including Pollution Control) received 07.12.18. Contact Information: Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500 Report Date: 14th February 2019

APPLICATION NO. 18/01582/FUL REPORT 1. Site Description

1.1 The application site is an area of side garden ground located to the west of 2 Croftfoot cottages and is bounded by a residential cottages either side to the west and east, one and a half storey dwellings located on Chestnut Grove to the rear (north) and development of the link road associated with the community growth areas (residential development) to the south. The depth of the site ranges from 20 -23m. The site is accessed from Glenburn Gardens which then leads on to the ‘Duck’s Walk’ Core Path 145 which provides a link from the village to Gartcosh Local Nature Reserve which is used by pedestrians, cyclists and horse riders.The site is covered with overgrown grassland and scrub with some mature trees with a timber picket fence to the front.

2. Proposed Development 2.1 The proposal is for the development of two identical one and a half storey dwellings of a symmetrical

design with two dormers both front and rear finished in roughcast, stone and grey concrete roof tiles. The dwellings are traditionally styled and proportioned. The proposed dwellings are 9.5 metres approx. wide and approx 9 metres deep and would be set back in line with the existing cottages to the east and west and approx. 8 metres high. Each proposed plot has driveway parking for three cars.

3. Site History 3.1 Planning Permission in Principle 17/01746/PPP for two dwellings on the site was granted on the 7th

of December 2017. 4. Development Plan 4.1 The site lies within an existing residential area and is covered by Policy HCF1 A (Protecting Existing

Residential Amenity) in the North Lanarkshire Plan. 4.2 Policy DSP 4 (Quality of Development) in the local Plan are also relevant to the assessment of the

proposal. 5. Consultations 5.1 Scottish Gas has provided standard advice. 5.2 SNH has not commented on the application as it is outwith the threshold for consultation. 5.3 NLC Greenspace has expressed no objections to the proposal and has requested Great Crested

Newt Fencing is installed during the works and also that site clearance works are carried out outwith the bird breeding season. These points can be covered by planning conditions.

5.4 NLC Protective Services has advised that a Noise Impact Assessment is carried out regarding the

newly completed adjacent link road and also that construction work is limited to Monday to Friday 8am to 7pm, Saturdays 8am -7pm and no noise generating activities on Sundays or public holidays. These points can be covered by notes.

5.5 No Response has been received from NLC Traffic and Transportation.

6. Representations 6.1 A total of 7 representations have been received from individual households including a petition. The

points of objection can be summarised as follows:-

The Petition describes concerns regarding damage to dwellings caused by the construction of the nearby link Road and also impact on Duck’s Walk Core Footpath 145 and that a moratorium be put on any further proposals.

The proposal for two dwellings would also cause damage to adjacent dwellings as well as Duck’s Walk.

Duck’s Walk Core Footpath 145 should be kept open and protected during and after construction work as per the Gartcosh/Glenboig Community Growth Area – Strategic Development Framework as per the adjacent 75 dwelling Muir Homes development.

The proposal would result in road safety issues and general disturbance along Duck’s Walk which is a core footpath which leads to Gartcosh Local Nature Reserve during construction. Also road safety issues regarding extra traffic generated by proposed dwellings.

Issues relating to addresses and neighbour notification.

Historical Flooding would be exacerbated by development – photos submitted.

7. Planning Assessment 7.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act1997, Planning

Authorities are required that in determining planning application proposals, where regard is to be had to the Development Plan, determination should be in accordance with this Plan unless material considerations indicate otherwise. In this instance there are no strategic implications and the application will therefore be considered in relation to Local Plan Policy. Therefore the proposal requires to be determined under the terms of the North Lanarkshire Local Plan and any other material considerations.

7.2 The application site is zoned within an established residential area (Policy HCF1 A) which seeks to

protect residential amenity. In such areas there is a presumption against developments detrimental to residential amenity in primarily residential areas. It should be noted that HCF1 A does not identify sites for specific residential development but rather identifies and seeks to protect existing residential areas and residential amenity.

7.3 In this case, the principle of residential development on the site has already been established due

the planning history of the site. In this context, it leaves the proposal to be assessed against policies DSP 3, Impact of Development and Policy DSP 4, Quality of Development in the North Lanarkshire Local Plan requires

7.4 In relation to DSP3 (Impact on Infrastructure) it is considered that there are no significant issues with

regard to the potential impact of the proposal on existing infrastructure. 7.5 With regard to DSP4 (Quality of Development) an assessment has to be made. With regards to the

proposed layout, it is considered that the proposed layout complies with Council’s space standards for residential development. It is further considered that the layout is acceptable in terms of there being no potential amenity issues such as privacy/overlooking and adequate parking. In terms of the proposed rear dormers, one dormer would accommodate an en-suite bathroom with obscured window glass with the other dormer accommodating a bedroom. It is considered that the bedroom dormers will be of a sufficient distance from the nearest dwelling in Chestnut Grove, this being 16 metres and 16.5 metres approx respectively.

Consultations

7.6 It is recognised that the consultees have expressed no objections to the proposal subject to certain

conditions which can either be realised through the imposition of relevant planning conditions. Scottish Gas has provided standard advice. SNH has not commented on the application as it is outwith the threshold for consultation.

7.7 NLC Greenspace has expressed no objections to the proposal and has requested Great Crested

Newt Fencing during construction phase and also that site clearance works are carried out outwith the bird breeding season. These points can be covered by planning conditions.

7.8 NLC Protective Services has advised that a Noise Impact Assessment is carried out regarding the

newly completed adjacent link road and also that construction work is limited to Monday to Friday 8am to 7pm, Saturdays 8am -7pm and no noise generating activities on Sundays or public holidays. These points can be covered by notes. The time to have addressed any noise issue associated with the link road would have been the permission in principle stage but this was not flagged up at that stage. They have been dealing with noise complaints from existing residents regarding the new road. It is considered that occupants of the new properties will be buying in full knowledge that the link road is there and open to traffic. Also it is noted that the intervening land is within the community growth area and is likely to be developed for housing in due course which will act as a buffer for any road noise. An informative will be added to any permission advising the developer that they may wish to consider whether they undertake any noise mitigation measures for future residents.

Although no response has been received from NLC Traffic and Transportation, the acceptability of additional vehicular traffic along the access road was established through the previous Planning Permission in Principle.

Points of Objection

7.9 The points of objection are assessed as follows ;-

The Petition describes concerns regarding damage to dwellings caused by the construction of the nearby link Road and also impact on Duck’s Walk Core Footpath 145 and that a Moratorium be put on any further proposals. Comment: This point is noted but does not directly relate to the assessment of this application.

The proposal for two dwellings would also cause damage to adjacent dwellings as well as Duck’s Walk. Comment: The onus is on the developer to ensure that the proposed development does not result in damage to neighbouring dwellings or Duck’s Walk Core Footpath.

Duck’s Walk Core Footpath 145 should be kept open and protected during and after construction work as per the Gartcosh/Glenboig Community Growth Area – Strategic Development Framework as per the adjacent 75 dwelling development at Croftfoot Farm. Comment: Agreed. This can be ensured by the imposition of an appropriate planning condition.

The proposal would result in road safety issues and general disturbance along Duck’s Walk which is a core footpath which leads to Gartcosh Local Nature Reserve during construction. Also road safety issues regarding extra traffic generated by proposed dwellings. Comment: The onus is on the developer to ensure that disruption is kept to an acceptable level during construction works. As previously stated the acceptability of additional vehicular traffic along the access road was established through the previous Planning Permission in Principle.

Issues relating to addresses and neighbour notification. Comment: These points have been addressed through the separate formal complaints procedure. All neighbours have been re-notified as a result of some documents originally not being publically available.

Historical Flooding would be exacerbated by development – photos submitted.

Comment: Again it would be the responsibility of the developer to ensure that this does not happen and would be a private legal matter.

8. Conclusions 8.1 In conclusion, it is considered that this proposal is acceptable in terms of the relevant policies and

would be acceptable in terms of residential amenity. As such, the proposal is considered to comply with Policies HCF1 A, DSP 3 and DSP 4 of the North Lanarkshire Local Plan and this application is therefore recommended for approval subject to appropriate planning conditions.

Application No: 18/01607/CAAD

Proposed Development: Certificate of Appropriate Alternative Development for Use Classes 1, 3, 4, 5, 6, and 7

Site Address: Sites East Of Rowantree Row & South of Budshaw Farm Road Land Either side A73 Chapelhall, Airdrie

Date Registered: 19th December 2018

Applicant: Mr W H Sawyers Brownhill Farm Cleland ML1 5LT

Agent: DMS Land Consultants Ltd

Application Level: Other

Contrary to Development Plan: Yes

Ward: 12 Airdrie South Michael Coyle, Paul Di Mascio, Ian McNeil, Sandy Watson,

Representations: No letters of representation received.

Recommendation: Refuse Reasoned Justification:

The proposed land uses within classes 1, 3, 4, 5, 6 and 7 would not have been considered appropriate land uses for this area as development within these use classes would have been contrary to policy GB1 (Restrict Development in the Green Belt) of the Adopted Monklands Local Plan 1991 which was the adopted local plan in 2007 (that being the date of the Compulsory Purchase Order).

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: 18/01607/CAAD Name (of applicant): Mr W H Sawyers Site Address: Sites East Of Rowantree Row & South of Budshaw Farm Road Land Either side A73 Chapelhall, Airdrie Development: Certificate of Appropriate Alternative Development for Use Classes 1, 3, 4, 5, 6, and 7

Recommendation: 1. Refuse a Certificate of Appropriate Alternative Development for Class 1 (Shops), Class 3 (Food

and Drink), Class 4 (Business), Class 5 (General Industry), Class 6 (Storage and Distribution), and Class 7 (Hotel and Hostels).

The site was designated as GB1 (Restrict Development in the Green Belt) within the Monklands District Local Plan (the adopted local plan at the date of the Compulsory Purchase Order) which restricted development in this area to new houses for full time workers in connection with forestry or agriculture, non-residential development in connection with forestry or agriculture, uses requiring a rural location or areas identified as having substantial development potential. Any development within the proposed use classes would not have met the requirements of this policy and therefore would have been considered contrary to the development plan without any material justification being apparent for a development plan departure.

2. Issue a Certificate of Appropriate Alternative Development in respect of Classes 10 (Non-

Residential Institution) and Class 11 (Assembly and Leisure) of the Town and Country Planning (Use Classes)(Scotland) Order 1997 subject to the following conditions:-

3. That planning permission would have been granted for the development which the land has been

acquired for and appropriate educational/ tourist development associated with agriculture, forestry or the rural and natural setting within Class 10 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 and appropriate rural leisure development within Class 11 of the Town and Country Planning (Use Classes)(Scotland) Order 1997.

Reason: To define the use classes appropriate for this location.

4. For the avoidance of doubt, any planning permission for this area of land would have been restricted

to a leisure pursuit (Class 11) appropriate for a rural location including a golf course/driving range or equestrian activity. Planning permission would not have been granted for a cinema, concert hall, casino or other similarly urban use.

Reason: To define the use of this area of land.

5. For the avoidance of doubt, any planning permission for this area of land would have been restricted to

an educational/ tourist (Class 10) facility associated with agricultural or forestry or appropriate for a rural and natural setting.

Reason: To define the use of this area of land.

6. That the permission would have had no effect before further information was 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, parking and turning areas; (d) the design and location of all boundary walls and fences; (e) the provision for drainage works; (f) the disposal of sewage; (g) details of existing trees, shrubs and hedgerows to be retained, and (h) details of existing and proposed site levels. (i) a light impact assessment (if necessary) (j) a noise and vibration impact assessment (if necessary)

Reason: To enable the Planning Authority to consider these aspects in detail.

7. That the permission would have had no effect before further information was submitted to the Planning

Authority in respect of the proposed topographical design of the golf course/driving range and the associated infrastructure being submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail.

8. That the permission would have had no effect before further information was submitted to the Planning

Authority in respect of full details of the location and design of the surface water drainage scheme to be installed within the application site and for the avoidance of doubt the scheme would require to be

certified by a qualified civil engineer as being appropriate for the site and in compliance with requirements of Scottish Water and the Scottish Environmental Protection Agency in terms of their principles of Sustainable Drainage Systems.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

9. That before the development started on the application site, unless otherwise agreed in writing with

the Planning Authority, a comprehensive site investigation report would have been submitted to the said Authority for approval. The investigation would need to have been carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report should have included 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 have been required.

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future users of the site.

10. That any remediation works identified by the report agreed in terms of Condition 9 above shall be

carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. No building shall be occupied until a certificate (signed by a chartered Environmental Engineer) has been submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the agreed Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future users of the site.

11. That, notwithstanding the terms of Condition 2, before the final design and scale of the development

could be agreed a Transport Assessment would have been required to justify the scale and access position for the development.

Reason: To consider the impact of the development in terms of traffic management and safety.

12. That, notwithstanding the terms of Condition 3, before the final design and scale of the development

could be agreed a Protected Species and Habitat Survey for the site and surrounding area would have been required to ensure protected species and valuable habitats were adequately protected. Any mitigation identified in this survey would have been required to be carried out prior to development starting.

Reason: To ensure the development adequately considers protected species and ecology.

13. That, notwithstanding the terms of Condition 3, the design, scale and layout of the development

should take cognisance of its proximity and position to the adjacent motorway in terms of nuisance and risk to road users.

Reason: To ensure there is no adverse impact on the road network from this leisure pursuit.

Background Papers: Contact Information: Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01236 632500 Report Date: 14th February 2019

APPLICATION NO. 18/01607/CAAD REPORT 1. Site Description

1.1 The sites for which this application relates to comprise two areas of open space located north of

junction 6 of the A8/M8 Glasgow – Edinburgh Newhouse roundabout junction and either side of the A73 adjacent to both Biggar Road and Budshaw Farm Road, south of Chapelhall. The sites appear to be agricultural in nature and are bounded by the A8/M8 to the south, open land directly to the north and the southern extent of Chapelhall and by SUDS infrastructure associated with the new road layout to the east and west respectively. The sites are accessible via both Biggar Road and Budshaw Farm Road which are both single track roads.

2. Proposed Development 2.1 This is an application for a Certificate of Appropriate Alternative Development (CAAD) under the

Land Compensation (Scotland) Act 1963. This application seeks a CAAD for uses within classes 1, 3, 4, 5, 6, 7 of the Town and Country Planning (Use Classes) (Scotland) Order 1997. The aim of this type of application is to consider appropriate uses for areas of land which are subject of a Compulsory Purchase Order (CPO) to aid the land valuation process. This land was subject of a CPO from the Scottish Government (Transport Scotland) as part of the A8/M8 upgrade works. The Planning Authority must consider the application against development plan policy at the time of the CPO which in this instance was November 2007.

2.2 An applicant is required to propose land uses which they consider appropriate for the site. In this

instance the applicant has indicated that the site could be considered to be natural infill land for development for either roadside use, Class 3 (Food & Drink), Class 7 (Hotel), Class 1 (Ancillary Retail) and Sui Generis (Roadside Fuel/Electric Charging, Hot Food Takeaway, Public Bar) or for industrial/distribution type uses in terms of Class 4 (Office), Class 5 (General Industry) and Class 6 (Storage and distribution).

3. Applicant’s Supporting Information 3.1 The applicant has submitted a supporting statement with the application outlining arguments

supporting the proposed use classes and their appropriateness for this location. The supporting statement outlines the previous planning policy designation for the site which indicated that in the draft Monklands District Local Plan 1991 this area of land was designated for tourist use under policy TO 8/2. This was however removed before adoption. The applicant has also provided various justifications for appropriate development on the basis of proposed development that pre-dated the CPO in 2007 as well as approved developments that have come after the CPO as well as outlining acceptability with development strategy policies in that regard.

3.2 An outline of the history of this site has also been given. This includes a previous planning

application which was submitted in 1999 for a large mixed use development including hotel, public house and service station. This was later withdrawn and no application has ever been resubmitted. The applicant has also provided information of a previous CPO exercise (in 1995) on adjacent land whereby the District Valuer concluded that the land had commercial value and compensated accordingly even although the land was designated as green belt at that time. The suggestion is that compensation was given at commercial rates due to hope value for the area.

3.3 In terms of specific classes and development the applicant has indicated that tourist development in

the form of a hotel (Class 7) and service station mixed use type development would be appropriate in this location due to the proximity of the site to the A8/ M8. This could include an element of retail (Class 1) and food and drink (Class 3). The applicant has also indicated that the site would be a natural extension to a recent application 18/00266/PPP which was granted planning permission in principle on 31st October 2018 for a mixed use development comprising Class 3 (Food & Drink), Class 7 (Hotel), Class 11 (Assembly/Leisure), Class 1 (Ancillary Retail) and Sui Generis (Roadside Fuel/Electric Charging, Hot Food Takeaway, Public Bar on land to the north of one of the parcels of land subject to this CAAD application. In that regard the applicant considers that this recent approval gives support to their claim that classes 1, 3 and 7 would also be appropriate for the site. In addition the applicant has outlined that due to the site’s location and proximity to the A8/ M8 and other industrial uses there is a suggestion that the land could be used for use classes 4 (Business), 5 (General Industry) and 6 (Storage and Distribution).

3.4 The statement also outlines examples of other CAAD approvals for other sites that they consider to be within the same timeframe and comparable to this determination whereby the District Valuer asked for Green Belt land to be approved for specified uses via a CAAD due to the proximity of the land to existing industrial facilities which was approved. The applicant draws similarities to their site given its proximity to the Dunalastair Park Industrial Development and COOP and Brakes Brothers development south of the A8/M8.

3.5 The applicant also considers it important to note that as of November 2007 that the area currently

under construction as a SUDs pond remained in the ownership of the applicant as the Vesting Order had not been made. This means that the site was still physically accessible to the A73 and potentially accessible to the A8 due to immediate proximity. The applicant considers that this provides further support given that the key thrust of all Local Plans since the time of the 1991 Monklands Local Plan has been a recognition of the strategic importance of Newhouse. The location of the application site including the area of the SUDs Pond was a gateway site at a key strategic junction. The intervention of the Scottish Ministers and Transport Scotland has reduced the opportunity available in terms of scale for the site but none the less the site is still located in a prime location. At November 2007 access to the Motorway network was entirely possible due to proximity of the applicants land holdings, pre-Vesting Order.

3.6 The applicant contends that the site could easily have been treated as white land in November 2007

within which description many uses could be considered as appropriate. And as such adding this to historic policy support the applicant considers the case for the CAAD becomes very compelling at this location. The mixed-use consent at Dunalatair Park surrounding the application site gives rise to the possibility of Class 4, 5 and 6 uses. This is backed up by the proliferation of such uses at Newhouse from Prologis/COOP/Brakes Brothers on Greenbelt land followed by the Fusion Assets consent. Whilst these consents are much later than November 2007 the applicant contends that they show the logical conclusion of the policies supporting employment potential at Newhouse over the last two decades. This in conjunction with the District Valuer accepting, in 1995, that greenbelt land at this location was commercial land and a compensation sum reflecting this use was paid in compensation to an adjoining landowner, in the view of the applicant adds weight to their argument

3.7 The applicants supporting information considers that there was policy support in 2007 in respect of

supporting the CAAD application given that Class 4 and Class 6 uses can be granted contrary to normal presumptions against greenbelt releases if an occupier was located which required the site for their operation. DSP1 provides guidance on the scale of permissible space in such circumstances. Institutional uses can also be appropriate for such locations and indeed Mr Sawyers received an offer for his land at junction 6 from a Crematorium Operator.

4. Site History 4.1 As noted above the application areas and land adjacent has a history of planning applications for

proposed uses similar to those applied for in the current CAAD application. An application was submitted in 1997 (97/05010/OUT) for a factory outlet and retail mall over a large area of land north of the A8/ M8 which included the land of this application. This application was later withdrawn on 17 May 1999. Another planning application (99/00677/FUL) was submitted for the land to the north accessed from the spur on the roundabout on the A73 at the junction with Lancaster Avenue for a petrol filling station, fast food restaurant, hotel and public house and restaurant. This was withdrawn on 11 December 2000. Another application (99/01016/OUT) for a similar development of a mixed use development incorporating a public house/ restaurant, hotel, petrol filling station and fast food restaurant with drive through and access was submitted on 27 July 1999 by another applicant. This was later withdrawn on 18 July 2000.

4.2 Two separate CAAD application 13/02267/CAAD and 13/02268/CAAD were submitted for Use

Classes 1, 3, 4, 5, 6, 7, 8, 10 and 11 but were withdrawn on 14th February 2014 and 21st August 2014 respectively.

4.3 A recent application 18/00266/PPP was granted planning permission in principle on 31st October

2018 for a mixed use development comprising Class 3 (Food & Drink), Class 7 (Hotel), Class 11 (Assembly/Leisure), Class 1 (Ancillary Retail) and Sui Generis (Roadside Fuel/Electric Charging, Hot Food Takeaway, Public Bar) with Associated Infrastructure (Drainage, Ground Treatment Landscaping) on land to the north of one of the parcels of land subject to this CAAD application.

5. Development Plan

5.1 As the Compulsory Purchase Order was made in 2007 the CAAD should be considered against

development plan policy at that time. In this case the relevant development plan at that time was the Monklands District Local Plan 1991. The currently Adopted North Lanarkshire Local Plan was only at a consultation draft in 2007.

5.2 The application site is located in an area which was designated as GB1 (Restrict Development in the

Green Belt) within the Monklands District Local Plan 1991. This policy restricted any development apart from those associated within agriculture and forestry or to those uses requiring a rural location such as to avoid nuisance to neighbours or as they required large areas of land such as golf courses. No reference is made to the A8/ M8 upgrade in the policy map.

5.3 For reference the policy designation for the site within the Consultation Draft North Lanarkshire Local

Plan was ENV 6 (Assessing Development in the Green Belt). The area of land is also shown as part of the A8/ M8 upgrade works in this plan.

6. Consultations

6.1 No consultations were required as part of this application.

7. Representations 7.1 Neighbour notification is not carried out as part of this application although all interested parties to

the land are notified by the applicant. No letters of representation have been received. 8. Planning Assessment

8.1 Under Section 25 of the Land Compensation (Scotland) Act 1963 the CAAD procedure requires that

the Planning Authority certifies the alternative development for which planning permission would have been granted for the land if it were not to be acquired by compulsory purchase powers. If the Planning Authority is of a view that one or more classes of development would be acceptable on the site, they would issue a certificate to that effect, listing any conditions which would be required were any such development to be approved. A negative CAAD decision should not be made solely on development plan grounds. The planning authority must not refuse a certificate solely on the grounds that it would be contrary to policies which have no purpose beyond the scheme for which the compulsory acquisition is being promoted (in this instance the A8/ M8 upgrade). Broader policies which would prevent any of the Classes of Use proposed can, however, be taken into account. Account can, therefore, be taken of policies unrelated to the background compulsory purchase scheme and other material considerations may also be considered.

8.2 The CAAD procedures require that the application is assessed as at November 2007 as this is the

date that the applicant has provided as being the date of the promotion of the Compulsory Purchase Order. The relevant development plan at the date that the Compulsory Purchase Order was promoted is the Monklands District Local Plan 1991. The policy designation for this site does not relate to the proposed upgrade works for the A8/ M8 and therefore offers specific policy for which to consider this proposal against. The site was designated as GB1 (Restrict Development within the Green Belt) within this local plan.

Hotel Development (Class 7), Shops (Class 1) and Food and Drink (Class 3) 8.3 Policy GB1 (Restrict Development within the Green Belt) of the Monklands District Local Plan 1991

offered no specific support to a hotel development or indeed for shops or restaurants. It is noted that the area of land lies adjacent to the A73 and A8/ M8 which are major routes in the area. This however in itself would not have justified the release of green belt land for the uses proposed. The planning history for the site is noted, particularly the applications for mixed use development as these relate to the current proposal. As these applications were withdrawn, these offer little in justification for the site being suitable for these proposed uses. The creation of a hotel mixed use development in this location would have required significant justification and locational need for a departure from green belt policy and the supporting information supplied by the applicant does not provide sufficient justification. The recent planning history of the land to the north of the west-most parcel of land is noted but this decision was taken many years after the effective date of the CPO in 2007 which is the relevant date for assessment of this application. It is therefore considered that there are no material considerations in this instance to outweigh the local plan policy at that time. It is therefore recommended that a CAAD for Classes 1, 3 and 7 should be refused.

Business (Class 4), General Industry (Class 5) and Storage and Distribution (Class 6)

8.4 Policy GB1 (Restrict Development in the Green Belt) restricted development to those associated with

agriculture and forestry or development which required a rural location. It is not considered that there was support for Classes 4, 5 and 6 within this policy. The applicant has argued that the M8/A8 corridor has been identified previously by North Lanarkshire Council as having significant potential for employment opportunities and that there are other similar uses in this corridor. The Council may have identified this corridor as an important place to promote employment opportunities but this was not promoted in the Monklands District Local Plan in this location. It is noted that industrial land was promoted to the west and south however this area of land remained green belt. As the industrial allocation within this local plan was never fully built out in this location, this area of land would have been isolated from other industrial uses in the wider area. The local plan policy designation therefore would not have supported these three land uses and it is not considered that there is sufficient material weight from other considerations to outweigh the policy designation at that time. It is recommended that a CAAD for Classes 4, 5 and 6 is refused.

Crematorium (Class 10 -Non-residential Institution)

8.5 Whilst the applicant has not specifically applied for (Class 10 – Non Residential Institution) they have

provided reference to potential interest in the site from a Crematorium operator. In light of this we have also considered the application site in terms of class 10. The applicant has indicated that crematoriums are appropriate developments within the green belt and that crematoriums have been approved in the green belt previously. Any crematorium previously approved in the green belt would have required a specific locational need which has not been provided in this instance. There was no policy support for this type of development within the Monklands District Local Plan 1991 given the GB1 (Restrict Development in the Green Belt) policy designation. There appears to be no specific locational need for a crematorium to be positioned in this location although the applicant does indicate that they have been approached previously by a developer wishing to buy the land for this purpose. This position is supported by planning history in the Monklands District local plan area with a crematorium being refused in the green belt south of Calderbank (00/00459/FUL) for being contrary to policy GB1 (Restrict Development in the Green Belt) in 2001. It is noted that there is a crematorium a relatively short distance to the south in an area which when proposed was designated green belt within the Adopted Northern Area Local Plan at that time. That crematorium was different however as it was within a different Local Plan area and there was an updated policy position with the Finalised Draft Southern Area Local Plan which had designated the site as suitable for a crematorium rather than green belt. Thereby although a crematorium was contrary to the adopted local plan in that area there was support from a finalised draft. This is not the case for the site of this application. This type of use would therefore have been considered inappropriate for this green belt location and there appears to be no material considerations that would outweigh the policy designation. It is recommended that a CAAD for this particularly use class within Class 10 is refused.

8.6 In assessing a CAAD application the Planning Authority may also issue a CAAD other than for the

class or classes of development that the applicant has applied for. In light of this the application has also been considered in terms of Educational and Tourist Facility (Class 10 – Non - Residential Institution) and Leisure Facility (Class 11 – Assembly and Leisure) which are considered below.

Educational and Tourist Facility (Class 10 – Non - Residential Institution)

8.7 The use of the area of land for an educational facility and tourist facility without residential

accommodation has also been considered. In terms of policy GB1 (Restrict Development in the Green Belt) there may have been justification for a development of this type if it could have been shown that it was either associated with forestry or agriculture or required a rural location. Educational and tourist facilities do exist which are associated with agriculture, forestry and rural enhancement (such as biodiversity and ecology). Although policy GB1 did not specifically promote this land use it is noted that there would have been sufficient justification under the criteria of the policy for this type of use subject to the development being of appropriate scale and design for the rural location and subject to other impact criteria. This type of development has been promoted in the green belt in the currently Adopted North Lanarkshire Local Plan. This site would have been constrained in its likely usage given that the immediate neighbouring land is not utilised for agriculture or forestry. Other types of educational facilities possibly connected with ecological resources would have been more likely. This however does not deny that in principle the site could have been considered favourably for this use under the Monklands District Local Plan 1991. It is therefore considered that policy GB1 (Restrict Development in the Green Belt) in the Monklands District Local Plan 1991 would support a CAAD for Class 10 (Non - Residential Institutions) with

restrictions to a facility associated with agricultural or forestry or required for a rural location and natural setting. Any CAAD issued for this class should restrict the use in this way.

Leisure Facility (Class 11 – Assembly and Leisure)

8.8 A potential use in terms of Class 11 (Assembly and Leisure) and more specifically those related to

green belt locations such as a golf course either in isolation or in combination with another development like a hotel. Policy GB1 (Restrict Development in the Green Belt) did indicate that leisure uses which required large areas of land or required the benefits of the rural environment such as golf courses or riding stables was supported by this policy. This area of land may not be sufficient alone to fully accommodate a golf course but may have formed a significant element of this. Alternatively other golf related developments such as a driving range may have been considered. It is considered that should this land use have been applied for at the time of the CPO there would have been sufficient policy support within the Monklands District Local Plan 1991 to approve planning permission subject to other detailed matters. It is recommended therefore that a CAAD for Class 11 (Assembly and Leisure) with restrictions to leisure uses appropriate for a rural location and natural setting be issued. There appear to be no other material matters on the site that would have restricted this development. It should be noted that Class 11 (Assembly and Leisure) includes a variety of uses including casinos and cinemas which would not be appropriate for this location. The CAAD should be restricted to certain types of uses within Class 11.

Other material Considerations 8.9 Other Material Considerations: Section 25 (5) of the Land Compensation (Scotland) Act 1963 as

amended requires that should any conditions have been applied to any grant of planning permission for the proposed use then these should be specified in the Certificate. For this site, apart from the restrictive conditions proposed previously and general conditions with regards to detail of the proposal, the other main considerations for the site would relate to the access, the potential for protected species and distance from the motorway. It is noted that the site appears to be used for grazing however the surrounding area is less disturbed and may be suitable habitat for species of interest. A habitat survey would therefore have been required with the application. The site is relatively close to the motorway and consideration of the impact of any use on the motorway would have required supporting information particularly if lighting was involved or a golf course was proposed. Transport Scotland would have been a statutory consultee. A significant issue for the site would have been access. The areas of land are served by existing single track accesses of Biggar Road and Budshaw Farm Road however there appear to be options available for sufficient access to be created. It is unlikely that this would have completely restricted development of the site. Conditions in this regards should be added to any certificate issued.

8.10 The supporting information has highlighted various other approved development sites including a

recent mixed use development directly to the north approved in October 2018 in addition to an example of a CAAD approval which they consider to be similar to the circumstances of the current application and as such offer support to this application. Whilst it is noted that these matters are intended to show a general direction of the policy and assessment of proposals it should be noted that the recent approval on adjacent land was considered to be in accordance with the SDP but contrary to the zoning elements of the adopted local plan and emerging local development plan. The proposals were considered to be broadly in accordance with other relevant policies of the Local Plan as the proposals would not have a significant impact on town centres. The uses proposed as part of the application were considered to be such that they could be successfully accommodated within the site in principle subject to the detailed impact being assessed further at the Matters Specified by Condition Stage. This policy position has no bearing however on the proposals as a CAAD application must be considered in terms of the Local Plan policy position at the time of the CPO’s noted above. Furthermore with regards to the comparison to the other CAAD approval it should be noted that all development proposals are considered on their own merits and as such it is considered that the submitted supporting information does not raise any material considerations that are considered to outweigh the assessment of the proposals against the relevant adopted local plan at the time of the CPO.

9. Conclusions 9.1 Taking the foregoing into consideration it is considered that the proposed land uses within Class 1

(Shops), Class 3 (Food and Drink), Class 4 (Business), Class 5 (General Industry), Class 6 (Storage and Distribution) and Class 7 (Hotels and Hostels) would not have been appropriate for this location. These land uses would have been contrary to policy GB1 (Restrict Development in the Green Belt) within the Monklands District Local Plan 1991 which was the relevant local plan at the time of CPO

and would have resulted in sporadic urban development in the green belt. There appears to be no material considerations that would have outweighed the policy designation in this instance. It is recommended that a Certificate of Appropriate Alternative Development is refused for these use classes. In assessing a CAAD application the Planning Authority may also issue a CAAD other than for the class or classes of development that the applicant has applied for. In light of this the application was assessed in terms of Class 10 (Non-Residential Institutions) and Class 11 (Assembly and Leisure) which are considered appropriate for this location and would likely have been supported by policy GB1 (Restrict Development in the Green Belt) in the Monklands District Local Plan 1991. These use classes however would have been restricted to specific development associated to agriculture, forestry or the rural location. It is therefore recommended that a Certificate of Appropriate Alternative Development be approved for Class 10 (Non-Residential Institutions) and Class 11 (Assembly and Leisure) subject to the conditions that would have been relevant to any planning application or planning permission and subject to conditions restricting the specific uses appropriate from each use class.

Application No: 18/01672/FUL

Proposed Development: 6 units for Class 1 (Shops), Class 2 (Financial, Professional and other Services), Class 3 (Food and Drink) and Hot Food Takeaway (Sui Generis).and Associated Works

Site Address: 1 St Maurices Gate Cumbernauld G68 9FW

Date Registered: 11th December 2018

Applicant: Tracey Investments Ltd C/o GVA Quayside House 127 Fountainbridge Edinburgh EH3 9QG

Agent: GVA GRIMLEY LTD Quayside House 127 Fountainbridge Edinburgh EH3 9QG

Application Level: Local Application

Contrary to Development Plan: Yes

Ward: 02 Cumbernauld North Danish Ashraf, Calum Currie, Tom Fisher, Alan Masterton,

Representations: 0 letters of representation received.

Recommendation: Approve Subject to Conditions Reasoned Justification:

The development of additional units in place of a consented restaurant within a retail development is considered to be acceptable in terms of its impacts upon the surrounding area and wider town of Cumbernauld.

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: 18/01672/FUL Name (of applicant): Tracey Investments Ltd Site Address: 1 St Maurices Gate Cumbernauld G68 9FW Development: 6 Units for Classes 1, 2, 3 and Sui Generis (Hot Food Takeaway) and Associated Works

Proposed Conditions:- 1. That the retail development hereby permitted shall be carried out strictly in accordance with drawing

Nos: AL(0)600, AL(0)602 and AL(0)610. Reason: To clarify the drawings on which this permission is given. 2. That before the development hereby permitted is completed, all the pedestrian accesses, footways,

parking and manoeuvring areas, shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained for the approved purpose.

Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities. 3. That the remediation works identified in the remediation strategy (Johnson Poole & Bloomer

Consultants - Remediation Strategy, Implementation and Verification Plan - February 2018) and subsequent additional information, including Ground Gas Verification Plan (Dewar Associates Ltd - Westfield Retail Development Cumbernauld - Ground Gas Verification Plan - February 2018), Drawing No PG468-50/R/F/05 (Summary of Ground Conditions) and Site Remediation Programme by DMA Partnership (Submitted 01/06/18) submitted for the application 16/00233/MSC shall be carried out to the satisfaction of the Planning Authority prior to the occupation of the units hereby approved. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy and additional documents as submitted. For the avoidance of doubt the gas protection measures agreed as per application 16/00233/MSC MUST be incorporated into the current design.

Reason: To ensure the site is free of contamination in the interests of the amenity of future occupants 4. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted

to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.

Reason: To ensure the provision of acceptable landscaping provision and to protect and enhance

nature conservation. 5. That all works included in the scheme of landscaping and planting, approved under the terms of

condition 4 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity. 6. That if any changes are required to the lighting scheme agreed in 16/00233/MSC, then an amended

scheme shall be submitted for written approval by the Planning Authority prior to completion of development.

Reason: In the interests of visual amenity of the site and to ensure no extraneous light encroaches or

impacts on protected species/habitats. 7. That if any of the units will be a hot food takeaway then before the commencement of any operations

on site and before the flue or any ventilation apparatus is installed full details of the proposed external extraction flue (and associated apparatus), including details of the colour and finish, shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt any flue required shall be erected to the rear of the units.

Reason: In the interests of local amenity. 8. That before the development hereby permitted is brought into use, written confirmation from a suitably

qualified source shall be submitted to the Planning Authority for written authorisation, that the flue/s and any associated apparatus have been installed on the rear of unit/s in accordance with the details submitted in relation to Condition No.7 above.

Reason: In the interests of the amenity of the area. 9. That except as may otherwise be agreed in writing by the Planning Authority, the use class of each

unit will be determined by the first business in place at each unit. Reason: To clarify the use class for each unit. 10. That BEFORE the development herby permitted starts, a detailed drawing showing the location of all

bin stores and bin provision shall be submitted to and approved in writing by the Planning Authority. Reason: To ensure that adequate bin provision is provided. Background Papers: Consultation Responses: Environmental Health (including Pollution Control) received on 25th, 29th and 30th January 2019 Traffic & Transportation received on the 6th and 7th of February 2019 Greenspace, no comments received Contact Information: Any person wishing to inspect these documents should contact Mr Gary McEwan at 01236 632500 Report Date: 14th February 2019

APPLICATION NO. 18/01672/FUL REPORT 1. Site Description

1.1 The application site is located around 4.8km to the west of Cumbernauld Town Centre, 1.6km to the

south west of Craigmarloch Neighbourhood Centre and 0.9km to the north of Condorrat village. The M80 motorway is situated 0.9km to the south of the site. The site is located to the north west of Cumbernauld, within the Westfield area. The site is bounded to the north by Ardgoil Drive, to the east by Craiglinn roundabout; to the south by the approved retail park currently under construction, Westfield Road and St Maurice’s High School and to the west by open space, the approved retail park currently under construction and Broadwood stadium.

1.2 The application site sits within part of a larger development site that is currently under construction

for a retail park. In the approved application 16/00233/MSC the site was to form a restaurant. The site comprises of an area of land approximately 0.5 hectares in area.

2. Proposed Development 2.1 The previous permission (16/00233/MSC) included a restaurant at this location. The proposal would

represent an alternative form of development which would comprise a terrace of smaller units to be used for Class 1, 2, 3 and Sui Generis. The proposed smaller units would have the same internal floor space as the approved restaurant (836m2) albeit the restaurant was over 2 floors. The units would be single storey in height and would be finished in a material palette reflective of this type of development.

3. Applicant’s Supporting Information 3.1 The applicant has submitted a planning statement in support of the application. In this planning

statement the applicant indicates that the application is necessary as a consequence of changing use trends at retail parks and a lack of demand for a restaurant at this location. It is indicated that in the time that has passed since the original planning permission in principle was granted in 2014, the occupational market has changed. It is indicated that the occupational leisure markets have evolved and restaurant operators have shifted their focus to other locations and similarly the occupational market demand has moved towards the creation of a larger number of smaller units. They have indicated that the site has been actively marketed for over 19 months (commencing in June 2017) and in this time a restaurant operator has not been identified. The market interest received has been from smaller operators who would trade within Class 1, 2, 3 and sui-generis uses. The applicant also argues that if the restaurant was built, then the unit would be permitted to change to Class 1 or 2 within the Use Class Order (Scotland) 1997 and taking into consideration that the floor space proposed is the same as the approved restaurant there would essentially be no difference. It is indicated that in the context of the overall scheme, the scale of retail floor space that is now under construction in Phase 1 per the approved site layout plan AL(0)002Rev28 is 7,697m2, which is actually less than the total area of floor space that was originally shown in the approval of matters specified in conditions (AMSIC) proposal (8,145m2 for Phase 1). It is further indicated that the application is for no additional floor space than that which currently has approval, so the total space which would be constructed and occupied once both phases are complete would still be 448m2 less than was originally approved in the AMSIC proposal. It is also indicated that even if all of the new floor space (836m2) was to be used for retail purposes, this would only represent an overall increase of 388m2 beyond what was proposed (in retail terms) in the AMSIC approval. It is therefore argued that the potential ‘uplift’ in retail floor space considered against the original AMSIC approval would not be significant.

4. Site History 4.1 The following previous applications are relevant to the current proposal:

98/01369/OUT Erection Of Food Store (65,000 sqft.), Fast Food Unit (2,500sqft), Petrol Filling Station, And Associated Car Parking. (In Outline). This application was withdrawn.

13/00862/PPP Proposed Foodstore (5453m2 GFA) (Class 1), Petrol Station, Car Parking and additional Mixed Use Options including: Retail (Class 1); Financial, Professional or Other Services (Class 2); Restaurant (Class 3); Hotel (Class 7); Assembly & Leisure Uses (Class 11); Non-Residential Institution (Class 10); and/or Sui Generis Uses (eg Hot Food Takeaway / Drive Thru),

Landscaping, Access and Associated Works.( Planning Permission in Principle). Whilst the proposed supermarket development was considered contrary to the terms of the development plan due to impacts on neighbourhood and local centres, the council’s reasoned consideration set out that “Notwithstanding the out of centre location of the site, it is considered that the proposed supermarket would be of benefit to an area of increasing population which is currently poorly served by major retail facilities, and that it could be developed without detriment to the Network of Centres given the scale of the town of Cumbernauld and the expanding population therein”

14/01883/AMD Section 42 Variation to Conditions 1 and 15 (Off -Site Road Works) and Condition 11 (Development Maintenance Schedule) of Planning Permission 13/00862/PPP (Proposed Foodstore, Petrol Station, Car Parking and additional Mixed Use Options. The council approved the s42 variation in December 2014.

16/00233/MSC Application for Approval of Matters Specified in Condition 1 of 14/01883/AMD Construction of 7 No. Terraced Retail Units (Total Floor Space 8,145 sq.m Food and Non-Food), Drive Through Coffee Shop, Public House/Restaurant and Petrol Filling Station). When this application was submitted for matters specified in conditions the proposal changed from a supermarket to a retail park. Whilst the proposed retail park development was considered contrary to the terms of the development plan, the council’s reasoned consideration set out that “Notwithstanding the out of centre location of the site, it is considered that the proposed retail park development would be of benefit to an area of increasing population which is currently poorly served by major retail facilities, and that it could be developed without detriment to the Network of Centres given the scale of the town of Cumbernauld and the expanding population therein.”

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 zoned as HCF 1 B1 - Protecting Residential Amenity and Community Facilities

within the adopted North Lanarkshire Local Plan. 6. Consultations 6.1 Environmental Health and Pollution control made no objection however included various comments

relating to the construction phase of development, lighting and with regard to ground contamination. 6.2 Traffic and Transportation had no objection to the proposal indicating that the proposed 57 parking

spaces are sufficient for 6 mixed use units. 6.3 Greenspace has made no comment.

7. Representations 7.1 Following the standard neighbour notification process and newspaper advertisement, no letters of

representation have been received. 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. The proposal is not considered to be strategic in nature; therefore the application can be assessed in terms of the local plan policies.

8.2 Development Plan – North Lanarkshire Local Plan: The application site is covered by policy HCF 1

B1 - Protecting Residential Amenity and Community Facilities. The current proposal seeks permission for 6 commercial units which is contrary to policy. It should be noted however that planning permission has already been granted for the retail park which is currently under construction. The current site forms part of Phase 2 of the retail park development.

8.3 The proposal is for a retail development outside a designated retail centre and whilst this effectively

provides part of the second phase of the retail park currently under construction (ref: 16/00233/MSC) which is located directly to the south and west of the application site, in terms of the relevant policy this is a standalone development and requires to be assessed as such. The current proposal seeks permission for a mixed retail/commercial development of 836 square metres. The relevant

thresholds in the policy RTC 3A (Assessing Retail and Commercial Development) are 1000 square metres of convenience floor space and 2000 square metres of comparison floor space. Given that 836m2 of floor space would be created, neither of the thresholds would be exceeded. It should also be noted that while the proposal is for a mixed use development, even if the development ended being entirely retail (836m2), the original retail floor area of Phase 1 of the retail park as approved has been reduced such that the net increase in retail floor space over the entire retail park would only be 388m2 beyond what was proposed (in retail terms) in the approval 16/00233/MSC. The net potential increase in retail space would therefore not be considered to be unacceptable. It is therefore considered that the proposal accords with Policy RTC 3A.

8.4 Policy RTC 3B (Bad Neighbour Development) states that the Council will accept the development of

hot food shops where there is no anticipated adverse effect on the amenity of local residents. Given that there are no residential premises within close proximity (closest dwellinghouse would be over 300m away), the introduction of hot food retailer/s are considered acceptable at this location. Given that there are no noise sensitive properties in close proximity it is not considered that a noise condition is required in this instance. In terms of ventilation, no details have been submitted and it is recommended that details on the method of ventilation be conditioned in order to ensure this aspect does not become a nuisance. It is therefore considered that the proposal accords with Policy RTC 3B.

8.5 The North Lanarkshire Local Plan also requires proposed developments to be assessed against

policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Due to the scale and nature of the development the proposal raises no issues with regards to Policies DSP 1, DSP2, and DSP3. Policy DSP 4 considers the quality of development, in this respect the proposal achieves an acceptable quality of development in terms of siting, layout, the contemporary design is acceptable in terms of form, scale, height, massing, detailing and materials providing an acceptable level of landscaping in which to frame the development. It should be noted that the proposal will result in an increase in parking for this section of the retail park with 13 more standard car parking spaces and 3 more disabled parking spaces being provided (57 total). It is therefore considered that the proposal would raise no significant concerns with regard to road safety. It is also noted that servicing of the development would be behind the row of commercial units and would be suitably screened by landscaping which will be secured by recommended planning conditions. It is therefore considered that the proposal accords with Policy DSP4.

8.6 Consultations: With regard to the consultation responses received, the comments from NLC

Environmental Health can adequately be addressed by the imposition of suitable planning conditions and via informatives attached to this permission. Traffic and Transportation has indicated that they have no objections to the proposal, they have clarified that they have no objection to more than one hot food unit being provided at this location and have made no additional recommendations. It is therefore considered that the proposal would raise no significant concerns with regard to road safety. Greenspace has provided no comments, however the site has already been cleared and conditions are recommended with regard to landscaping. It is therefore considered that the proposal raises no significant concerns in this regard.

9. Conclusions 9.1 In conclusion, it is considered that the proposal complies with policies RTC 3A (Assessing Retail and

Commercial Development), RTC 3B Lanarkshire (Bad Neighbour Development), and DSP 4 (Quality of Development) of the North Local Plan 2012. While the proposal is contrary to its zoning within the North Lanarkshire Local Plan, the retail park has been approved and is currently under construction. It is considered that proposed additional Class 1, 2 or 3 or hot food unit/s would not have an adverse impact on the amenity of the area, given that the closest residential property is over 300m away, or the wider town of Cumbernauld given the modest increase in retail floor space over that previously given planning permission. Taking the above into consideration it is recommended that planning permission be approved.

Application No: 18/01782/FUL

Proposed Development: Change of use of public footpath to domestic garden ground

Site Address: Land Adjacent To 12 Rowan Street Coltness Wishaw ML2 7EG

Date Registered: 10th December 2018

Applicant: Mr & Mrs Dickson 12 Rowan Street Coltness Wishaw North Lanarkshire ML2 7EG

Agent: David Dickson 12 Rowan Street Coltness Wishaw North Lanarkshire ML2 7EG

Application Level:

Contrary to Development Plan: No

Ward: 20 Murdostoun Robert McKendrick, McManus Cameron, Louise Roarty, Nicky Shevlin,

Representations: 6 letter(s) of representation received.

Recommendation: Refuse Reasoned Justification: The proposed change of use of this footpath, by limiting access to a well-used and valued area of open space, would adversely affect local amenity. As such, it does not comply with the amenity protecting policies of the North Lanarkshire Council Local Plan.

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: 18/01782/FUL Name (of applicant): Mr & Mrs Dickson Site Address: Land Adjacent To 12 Rowan Street Coltness Wishaw North Lanarkshire ML2 7EG Development: Change of use of public footpath to domestic garden ground

Recommendation: Refuse for the Following Reasons:- The proposal, by limiting access to a well-used and valued area of open space, would be detrimental to amenity and, as such, would be contrary to policies HCF1A and DSP4 of the North Lanarkshire Council Local Plan 2012. Background Papers: Consultation Responses: Property Traffic & Transportation Contact Information: Any person wishing to inspect these documents should contact Ms Patricia Beaton at 01236 632500 Report Date: 11th February 2019

APPLICATION NO. 18/01782/FUL REPORT 1. Site Description

The application site is a public footpath leading to an area of open space located between 10 Rowan Street and 12 Rowan Street. The area surrounding the site is an established residential area with single and two storey dwellinghouse. The area of open space can also be accessed from a similar public footpath located between 5 Laburnum Crescent and 3 Laburnum Crescent.

2. Proposed Development 2.1 This application seeks full planning permission for the change of use from change of use of public

footpath to domestic garden ground. 3. Applicant’s Supporting Information 3.1 The applicant has not provided any additional supporting information. 4. Site History 4.1 There is no relevant planning history for this site. 5. Development Plan 5.1 Policy HCF1A (Protecting Residential Amenity) presumes against developments detrimental to

residential amenity whilst indicating that development which is of an ancillary nature may be acceptable (e.g. guest houses, nurseries, surgeries or retail for local needs) subject to impact on residential amenity and provision for servicing and parking

5.2 Policy DSP 4(Quality of Development) seeks a high quality of development ensuring that proposals are well designed and safeguard the amenity of neighbouring properties.

6. Consultations 6.1 The roads development service has no objections.

7. Representations a. Following the standard neighbour notification process, six representations were received in

objection. A summary of the concerns received is as follows:

The path is one of two entrances into the public amenity area used by local children as a play area; the proposal would lead to the loss of one of these important entrances

The design of the public amenity area incorporated two points of entry and exit as a means of minimising the exposure of children to public highways and vehicle traffic; this proposal increases this exposure.

The safety of the play area will be compromised by this proposal by increased travel distance from home to play area for local children due to the path closure and the increased risk of road traffic accidents involving children.

There is not much public greenspace left and removing this path from public use would decrease the natural environment further.

Closing the lane will force children to play on the road and accidents could happen.

Children use this path to access local greenspace for health and wellbeing

b. Other issues were raised, but they are not material planning considerations. They include closing the path will reduce the ability of parents to respond to their children when called for assistance and both paths to the area of open space should be retained to allow children to seek help and a second means of escape when threatened.

8. Planning Assessment a. Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions

are made in accordance with the development plan unless material considerations indicate otherwise.

b. Policy HCF 1 A (Residential Areas) applies to the site, it states there is a presumption against

developments detrimental to residential amenity in primarily residential areas.

c. Policy DSP 4(Quality of Development) seeks a high quality of development ensuring that proposals are well designed and safeguard the amenity of neighbouring properties.

d. When assessing the possible effects on amenity, as required by policy, it is important to consider the existing site and locality situation and compare how that would be impacted by the proposed change of use. (This issue of amenity was also raised as a clear concern in some objections).

e. From detailed site inspection, it is clear that the application site is a well-used public footpath leading

to an area of a well maintained amenity open space. This area of open space can also be accessed from a similar public footpath located between 5 Laburnum Crescent and 3 Laburnum Crescent.

f. The change of use of this path from being a public footpath to private garden ground would result in the access to the area of open space being only available from Laburnum Crescent. As highlighted by the objections to this application, the area of open space is well used by local children as a play space. Whilst the road development service has no objections to this application, it is considered that the users of the play space (children), in particular those from Magnolia Street and Rowan Street, will need to travel further to access this area, or may even be discouraged from using it at all. There are also users of this amenity space as a pleasant through rout, who would be forced to by-pass it by using a longer route along the relatively lower amenity on street network.

g. The proposal therefore is considered to result in a loss of amenity, as it would mean the removal of

an important and locally valued access point to a well-used area of amenity open space.

h. By adversely affecting amenity in this way, the proposal does not comply with the above amenity related policies of the local plan.

i. In accordance with the requirements of Section 25 (see above), the proposal therefore should be refused permission unless there are other material considerations that indicate it should be approved. In this case, the other material considerations stem from the concerns raised in local representations. Leaving the non-material ones aside, the issues raised highlight the value of the footpath to the local area and the detriment that would arise from its loss. These material considerations add weight to the position reached against the development plan. No other material considerations have arisen in the assessment of the proposal that add weight in favour of the proposal.

9. Conclusions

9.1 It is considered that the proposed change of use of this footpath, by limiting access to a well-used

and valued area of open space, would adversely affect local amenity. As such, it does not comply with the above amenity protecting policies of the development plan. Therefore, it is recommended for refusal.

Application No: 18/01819/FUL

Proposed Development: Installation of a self-service launderette unit (retrospective)

Site Address: 27 Leven Street Motherwell ML1 2SY

Date Registered: 21st December 2018

Applicant: Photo-Me International Plc 3B Blenheim Place Longmead Industrial Estate Epsom United Kingdom KT19 9AP

Agent: Chawton Hill Associates Ltd Bridge House 27 Bridge Street Leatherhead Surrey KT22 8BL

Application Level: Local Application

Contrary to Development Plan: No

Ward: 19 Motherwell South East And Ravenscraig Kenneth Duffy, Agnes Magowan, Alan Valentine, Nathan Wilson,

Representations: 8 letter(s) of representation received.

Recommendation: Approve Subject to Conditions Reasoned Justification: The proposal is compliant with local plan policies HCF1A (Residential Area) and policy DSP 4 (Quality of Development) and there are no other material considerations that, when fully assessed, suggest the proposal should be refused permission.

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: 18/01819/FUL Name (of applicant): Photo-Me International Plc Site Address: 27 Leven Street Motherwell North Lanarkshire ML1 2SY Development: Installation of a self-service launderette unit (retrospective)

Proposed Conditions:- 1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall

be implemented in accordance with drawing numbered: - 2820.18P001 and 2820.18P002 Reason: To clarify the drawings on which this approval of permission is founded. Background Papers: Consultation Responses: Traffic & Transportation Scottish Water Environmental Health (including Pollution Control) Contact Information: Any person wishing to inspect these documents should contact Ms Patricia Beaton at 01236 632500 Report Date: 15th February 2019

APPLICATION NO. 18/01819/FUL REPORT 1. Site Description

The application site is located to the front of a local convenience store which is one unit within a small cluster of commercial properties with parking to the front of the units. The site slopes slightly to the south east towards Leven Street. The wider area is predominantly residential with High rise flats and some two storey residential properties. There is an existing ATM adjacent to the convenience store as well as an existing portacabin.

2. Proposed Development

The development is self-service launderette unit which includes two washers and a dryer. The unit is 3.1m wide, 2.2m long, 2.2m in height to the top of the washer and dryer unit and 3.3m in height including signage. The unit has a footprint of 6.9m2. The unit is clad in silver coloured metal and will includes glazed sections. The proposal is already on site and in operation and replaces a parcel locker facility which operated on a 24 hours basis.

3. Applicant’s Supporting Information 3.1 The Applicant has included a Design and Access statement as part of this application as well as

information regarding energy and power consumption, technical manuals and information relating to the maintenance, installation and operation of the unit.

3.2 The applicant believes that the proposal represents a valuable amenity to local people within the

immediate area and the surrounding streets and villages, supplementing the offer provided by the retail units located within the same site. It is also proposed that the design is appropriate for the retail area and is in keeping with the current use of the site although is not detrimental or overbearing to the residential area to the rear of the site. In addition, neighbouring properties will not be adversely affected in terms of privacy and amenity. The applicant also states that the design, scale and location of the mobile launderette is sympathetic to the site and its context.

4. Site History

An application for an ATM (ref 04/01153/FUL) was permitted on 19.08.2004 and an application for a parcel locker facility was approved on 31.05.2016.

5. Development Plan 5.1 Policy HCF1A (Protecting Residential Amenity) presumes against developments detrimental to

residential amenity whilst indicating that development which is of an ancillary nature may be acceptable (e.g. guest houses, nurseries, surgeries or retail for local needs) subject to impact on residential amenity and provision for servicing and parking

5.2 Policy DSP 4(Quality of Development) seeks a high quality of development ensuring that proposals are well designed and safeguard the amenity of neighbouring properties. In addition, this policy requires developments to integrate successfully into the local area and provide a safe, inclusive, convenient and welcoming development, and to address safe secure and convenient access, and safe access for cars, and appropriate parking.

6. Consultations

6.1 Roads development service - recommend that this application be refused as there appears to be

insufficient provision of parking spaces on site at present to serve the current requirements which results in on street parking occurring along Leven Street in the vicinity of the access to the car park. The addition of a self-service launderette will encourage additional on street parking in this vicinity to the detriment of road safety.

6.2 Scottish Water – has no objection to the planning application. 6.3 Environmental Health (including Pollution Control) - no objections or further observations to make in

this regard. This includes any issues in regard to light or noise.

7. Representations

7.1 Eight objections were received. In summary, the objections to this application raise concerns in the following areas:

Adverse noise impacts produced by the self-service launderette unit when operated,

Extra vehicles travelling on Leven Street would cause road safety issues for other road users and pedestrians,

Increased use of the existing car park

the appearance of the unit would be detrimental to the amenity of the area

the light from signage on the unit would create adverse impacts to residents 7.2 A representation has been submitted by Councillor Nathan Wilson who objects to this application on

the grounds that the unit is not in accordance with the established character of the local area and the noise of the unit when in operation is substantial. He also objects on the grounds that the proposal, as a result, is contrary to local plan policy, specifically policy DSP4.

7.3 Other issues were raised, but they are not material planning considerations. They include no prior

notification being given to neighbours in advance of the installation of the self-service launderette unit; there being no requirement for outdoor washing facilities in the area, there is existing issues with rubbish and planning permission not being sought by the applicant prior to the installation and operation of the machines.

8. Planning Assessment 8.1 In the assessment process for planning applications, Section 25 of the Town and Country Planning

(Scotland) Act 1997 requires that decisions are made in accordance with the development plan, unless material considerations indicate otherwise.

8.2 As mentioned above, the following local plan policies apply; policy HCF1A (Residential Area), policy

DSP 4 (Quality of Development). 8.3 When assessing the possible effects on amenity, as required by policy, it is important to consider the

existing site and locality situation and compare how that would be impacted by the proposed development. (This issue of amenity was also raised as a clear concern in some objections).

8.4 The application site is located to the front of a local convenience store which is one of several units

within a small cluster of commercial properties with parking to the front of the units. There is also existing ATM adjacent to the convenience store. A previous application was approved (on 31.05.2016) for a parcel locker (application 16/00714/FUL). The self-service launderette unit replaces this parcel locker. Whilst the wider area is predominantly residential with high rise flats and some two storey residential properties in the vicinity of the site, the site itself is an area of established daytime and evening activity (shopping, using the ATM and until recently the use of the parcel locker) with the associated noise, movements, and gatherings of people.

8.5 In amenity terms therefore, the new development could be absorbed within the current site and

immediate surrounding area of already established commercial character and activity, without causing adverse amenity effects. Whilst the issue of noise from the operation of the self-service launderette unit and the unit’s associated light has been raised in objections as having a detrimental effect on the amenity of the area, the response of the pollution control service on the proposal raises no concerns regarding noise or light. The style of commercial property in this area is modern with modern signage, glazing and an ATM. The proposed self-service launderette with its metal cladded with glazing would be consistent with the modern nature of the commercial area. Therefore, in the strict sense of relating to the existing context and not affecting amenity, the proposal would not be contrary to policy

8.6 Policy DSP 4 also includes a transport and roads related aspect, requiring development to integrate

successfully into the local area and to provide a safe pedestrian access and access for cars being safe for all users. The council’s roads development service have recommended that this application be refused as there appears to be insufficient provision of parking spaces on site at present to serve the current requirements and that the self-service launderette will encourage additional on street parking in this vicinity to the detriment of road safety (see Consultations above).

8.7 It is agreed that there are ongoing parking issues on Leven Street and that car parking within the

existing car park serving the commercial units is limited. However, it is considered that the proposed

self-service launderette unit with the limited number of customers able to use the unit at any one time is likely to have a limited impact on parking at this location to a degree sufficient enough to exacerbate the ongoing parking issues and so to justify a refusal of this application. It is the responsibility of the applicant, customers and general members of the public to ensure that all parking on Leven Street is done legally and with consideration. It is also noted that the previous structure in this location (the parcel locker facility) would also have generated traffic to the site. Therefore, it is assessed that the proposal is compliant with this aspect of policy DSP4.

8.8 This compliance with the development plan, means that, in accordance with the requirements of Section 25 (see above), the proposal should be granted permission unless there are other material considerations that indicate it should be refused. It remains to be assessed therefore whether or not any such material considerations prevail.

8.9 Material considerations have been detailed in the objections to this application, specifically relating to

noise, light, parking issues, increase road traffic and the appearance of the unit. All of these issues have been assessed above (in paragraphs 8.3 to 8.6) as not being of sufficient or any detriment to reject the development.

9. Conclusions

The proposal is compliant with local plan policies HCF1A (Residential Area) and policy DSP 4 (Quality of Development) and there are no other material considerations that, when fully assessed, suggest the proposal should be refused permission.

Application No: 18/01829/FUL

Proposed Development: Development of a New Urban Park and Greenspace

Site Address: Land South Of Ravenscraig Sports Facility Robberhall Road Motherwell

Date Registered: 20th December 2018

Applicant: North Lanarkshire Council Fleming House 2 Tryst Road Cumbernauld G67 1JW

Agent: Nikki McAuley 111 McDonald Road Edinburgh Scotland EH7 4NW

Application Level: Major

Contrary to Development Plan: No

Ward: 19 Motherwell South East And Ravenscraig Kenneth Duffy, Agnes Magowan, Alan Valentine, Nathan Wilson,

Representations: 0 letter(s) of representation received.

Recommendation: Approve subject to conditions Reasoned Justification: The proposed development complies with the relevant policies of the adopted Local Plan. In terms of design it is considered that the development of the park would integrate satisfactorily with the surrounding area and would enhance any future residential amenity.

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: 18/01829/FUL Name (of applicant): North Lanarkshire Council Site Address: Land South Of Ravenscraig Sports Facility Robberhall Road Motherwell North Lanarkshire Development: Development of a New Urban Park and Greenspace

Proposed Conditions:- 1. That the development hereby permitted shall be carried out strictly in accordance with the approved

details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. For the avoidance of doubt drawings include: 40050_801, 50260_100,101,102,103,104i,104ii,105i,105ii,106,107,108,109,110,112,113,114,115,116,117,118,119,120,121,122,123,124,125. (Inclusive). Reason: To clarify the drawings on which this approval of permission is founded.

2. That all works included in the scheme of landscaping and planting, shall be completed in accordance

with a timetable to be agreed in advance by the Planning Authority, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the implementation of the landscaping scheme in the interest of amenity. 3. That before any works of any description start on the application site, unless otherwise agreed in

writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required and a phasing plan for any identified remediation works shall be approved in writing by the Planning Authority prior to any works taking place on site.

Reason: To ensure the suitability of the site for the proposed development and to establish the extent and nature of any ground contamination in the interests of the amenity and wellbeing of future users of the sire.

4. That any remediation works identified by the site investigation required in terms of Condition 5, shall be carried out to the satisfaction of the Planning Authority in accordance with a timetable to be agreed in writing by the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that any necessary decontamination works (required by condition 5) are carried out in a timely fashion.

5. That prior to the commencement of development, the applicant shall provide written confirmation to

the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory drainage arrangements. 6. That before the development hereby permitted starts, unless otherwise agreed in writing with the

Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the Planning Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent

watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

7. That the SUDS compliant surface water drainage scheme approved in terms of Condition 8 shall be

implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of

the amenity and wellbeing of existing and future residents adjacent to and within the development site.

8. That before the development hereby permitted starts, Construction Method Statements (CMSs) shall

be submitted to and approved in writing by the Planning Authority, and thereafter be adhered to for the duration of the works. The CMSs shall address:- Access by construction traffic The location of the site compound

Reason: To safeguard the amenity of the local environment and nearby communities 9. All play equipment specified must conform to EN1176 and should be approved by NLC Play Services

prior to installation. All Outdoor Gym equipment must conform to EN16630:2015 and should be approved by NLC Play Services prior to installation. All play equipment requires being located on safer surfacing that conform to EN 1177 standards and provides the correct level of critical fall height protection.

Reason: To ensure compliance with safety standards for play provision.

Background Papers: Consultation Responses: Scottish Environment Protection Agency received on the 23rd of January 2019 Scottish Natural Heritage received on the 11th of January 2019 Sportscotland received on the 9th of January 2019 NLC Environmental Health (including Pollution Control) received on the 11th of January 2019 NLC Greenspace received on the 8th of February 2019 NLC Play Services Manager received on the 9th of January 2019 Traffic & Transportation received on the 5th of February 2019 Contact Information: Any person wishing to inspect these documents should contact Mr Craig McIntyre at 01236 856240 Report Date: 15th February 2019

APPLICATION NO. 18/01829/FUL REPORT 1. Site Description 1.1 The site for the proposed park sits immediately south of the regional sports facility and west of an

informal north-south path (to be formalised by others) which links Carfin and Newarthill to Craigneuk and Wishaw. The 7.0Ha site is flat and level, comprising a remnant development platform associated with the former steelworks consisting of roads/concrete floors/pile foundations remaining as a legacy from the demolition of the former steelworks. The western edge of the site along Robberhall Road has been mounded with a densely planted strip of trees along its ridge. The southern boundary is not defined and consists of the remainder of the former steelworks development platform.

2. Proposed Development 2.1 The applicant proposes the creation of a new urban park and greenspace incorporating multi-

generational play facilities for all ages, sports pitch for year round games use, informal fitness/running circuit, small kiosk with disabled toilet, grass community events space, active travel routes, planting and associated works. The proposal will support future residential development at Ravenscraig by creating a central park and greenspace, extending the facilities provided by the adjacent existing Regional sports facility and linking to active travel routes which connect to the adjacent communities of Carfin and Newarthill in the north and Craigneuk and Wishaw to the south. The aspiration is to provide informal opportunities for fitness, supporting active lifestyles and to build upon the theme of ‘journey to health’ developed in the NLC/CSGN study of 2017.

3. Applicant’s Supporting Information 3.1 The applicant has provided supporting information summarised as follows:

Pre Application Consultation Report

Design & Access Statement

Ecological Assessment

Site Conditions Review and Contamination Assessment

Earthworks and Remediation Strategy

Flood Risk Assessment and Drainage Strategy

Coal Mining Statement 4. Site History 4.1 The planning history of the site since the closure of the Ravenscraig Steelworks in 1992 has been

focussed on delivering the vision for the redevelopment of the site as set out in the original Ravenscraig Masterplan of 2001 (ref 01/00758/OUT) which promoted a retail led mixed use development of the site. Its redevelopment is being taken forward by Ravenscraig Limited, a partnership involving Tata Steel, Scottish Enterprise and Wilson Bowden Developments. The Ravenscraig Masterplan was approved by the Council in May 2005 and since then a number of applications have been made in support of the development of that masterplan vision e.g. the New College Lanarkshire Campus, the Regional Sports Facility, the public house and hotel and approximately 800 houses and associated infrastructure.

4.2 The application for the development of the park site is an integral part of the new vision for the

redevelopment of the Ravenscraig site as promoted in the revised Ravenscraig Masterplan of 2018 (ref 18/00463/PPP) which has significantly downsized the retail element of the proposal in favour of a housing led (4,500 units) mixed use development of the site. It should be noted that the revised masterplan is still under consideration by the Council.

01/00758/OUT Mixed Use Development Comprising Residential Areas, Primary Schools/Community Uses, Business and Employment Uses, Open Space, a New Town Centre Including Retail, Leisure, Business, Housing and Hotel, and Associated Transport Infrastructure

18/00463/PPP Revision of Mixed Use Development Approved under Planning Permission Ref: S/01/00758/OUT Comprising Residential Areas, Educational/Community Facilities, Business and Employment Uses, Open Space including Town Park, Hotels, a New Town Centre including Retail, Leisure, Business and Housing with associated Transport Infrastructure

18/01363/PAN Civic Park Incorporating informal Sport and Leisure Activities and Associated Works. Support Future Residential Developments.

18/01412/PAN Civic Park Incorporating Informal Sport and Leisure Activities and Associated Works

18/01684/EIASCR Request for EIA Screening Opinion: Proposed Civic Park Development 5. Development Plan 5.1 The proposed development is compliant with the revised Ravenscraig Masterplan 2018 (which is still

under consideration), while the wider masterplan development raises issues of a national, strategic and local nature and therefore must be considered in terms of Scottish Planning Policy (SPP) the National Planning Framework (NPF3), the Strategic Development Plan and the Local Plan, the development of the park only needs to be assessed against the Local Plan policies.

North Lanarkshire Local Plan (2012) 5.2 The Development Strategy Aim of the North Lanarkshire Local Plan (NLLP) 2012 is to promote

regeneration and sustainable growth of communities. Related to this is a series of Development Strategy Area priorities of which Ravenscraig is one. The proposals map of the NLLP shows the Ravenscraig site allocated for a range of uses broadly in line with the 2001 masterplan and the 2005 outline planning permission, against the following policies:

HCF2 A1, the areas already approved for residential development

RTC1A, the mixed use town centre area

ED12A the part of the site approved for business and or industrial uses

EDI1 B3, the campus employment site to the west of the spine road

NBE1 A4a, the eastern edge of the site is zoned as green belt and a SINC

NBE 2, the natural areas protected from development to north and east of the site

5.3 In addition to the above specific policies the application requires to be assessed against four development strategy policies as follows:-

DSP1- Amount of Development

DSP2- Location of Development

DSP3- Impact of Development

DSP4- Quality of Development

6. Consultations 6.1 The following consultation responses have been received:

Scottish Environment Protection Agency (SEPA) 6.2 SEPA raises no objection to the application. In respect to flood risk SEPA support the FRA

conclusions that there is not a fluvial flood risk source to the site. With respect to the ecology of the site, SEPA have confirmed that they are supportive of the ecological aspects of the site development. They note there is a plan to retain a wildlife corridor to ensure connectivity to surrounding habitats.

Scottish Natural Heritage (SNH) 6.3 Scottish Natural Heritage raise no objections to the application with regards to the approach to

protected species as set out in the ecology report. SNH underline the importance of suitable long term maintenance and management of all landscape and open space areas to ensure the longevity of the planned landscape frameworks, green spaces and active travel networks.

Sportscotland 6.4 Sportscotland raise no objections to the application as there are no uses on the application site in

respect of which Sportscotland is a statutory consultee and as such advise that they have no comment to make on the application.

Protective Services (incl Pollution Control) 6.5 NLC Protective Services advise that they are content with the noise, vibration and air quality impacts

of the proposed development. They recommend that planning conditions are attached to any planning permission covering the requirement for the ground investigation report.

Greenspace Development Services 6.6 Greenspace Development raise no objections to the application and are happy with the scope of the

surveys provided and ask that all recommendations within the survey report particularly in relation to the protection of notable plant species be taken forward. Conditions requiring appropriate protection/mitigation plans at appropriate times should permission be granted, would suitably address the matters raised. In terms of access Greenspace development are of the view that the development will be a welcomed addition to the area as the proposals have been carefully thought

out and significant consideration has been given towards multi-use pedestrian access throughout the site.

Play Services 6.7 Raise no objections to the proposed development. The Play Services Manager is of the view that

the layout design for the play elements within the new urban park offers excellent opportunities for creative and active play and he is fully supportive of the proposals. The Play Services Manager has asked the applicant to consider a number of technical issues and these have been incorporated as a condition to the development.

Infrastructure Services (Traffic & Transportation Service) 6.8 Transportation Services have raised three points of concern which need to be resolved prior to the

determination of the application: 1. The applicant should provide a Traffic Statement to demonstrate the roundabout junction of

O’Donnell Way with Robberhall Road and New Craig Road along with O’Donnell Way can accommodate the traffic generated by the proposed development

2. The applicant should also clarify the need for traffic calming proposed along the length of O’Donnell Way and the suitability of the arrangement proposed, e.g. height, length, spacing.

3. The proposed development is likely to attract a substantial number of visitors, including those who will arrive by car, particularly when events are being held within the proposed park, including use of the running circuit or matches are being played at the sports pitch and suitable parking should be provided within the boundaries of the site as

7. Representations 7.1 The application was advertised to promote public awareness and participation in the assessment

process however no letters of representation were received at the end of the consultation period.

8. Planning Assessment 8.1 The NLLP reflects the approved masterplan for the site and allocates the development site as a town

centre use, subject to Policy RTC1A. Policy RTC 1A states that the network of centres as the continuing focus of retail, leisure, civic and community uses and notes appropriate use classes for each including open space, urban realm and civic function. The adopted local plan allocation envisaged a town centre and associated uses at the proposed development location. However, Ravenscraig Ltd and the Council are in agreement that the major retail and leisure elements of the 2005 Masterplan are no longer viable or deliverable and this is set out in the proposed Local Development Plan which has been approved by the Council for public consultation from the 13th of February to the 5th of April 2019.

8.2 The Ravenscraig site is noted as an ‘Area Strategy’ within the proposed North Lanarkshire Local

Development Plan (LDP) and as a National Development in the National Planning Framework 3. A new masterplan is to be developed to deliver a low carbon, sustainable settlement for the 21st century, with additional homes and facilities, a new town centre, jobs and sustainable transport connections. In order to facilitate and accommodate the emerging masterplan the Ravenscraig site has been defined as General Urban in the LDP which allows for the development of a range of uses including the leisure uses associated with the proposed civic park.

8.3 The development proposals fully comply with the updated masterplan submitted by Ravenscraig Ltd

(18/00463/PPP), currently under consideration by the Council. The proposed development will provide an urban park at the heart of the new community of Ravenscraig to build a new sense of place and purpose. The park will serve Ravenscraig’s current and future communities and will have community health and wellbeing orientated elements to encourage social connections built around shared activity and outdoor experience. The park will form a central part of the wider green and leisure networks across Ravenscraig and the wider area. The proposed development therefore fully complies with the land use zoning and development ambitions of the LDP.

8.4 Policy DSP1 ‘Amount of Development’ is relevant, with specific reference to Criterion A ‘Planned

Land Supplies’ due to the general urban zoning of the site. The development is considered to be acceptable when assessed against policy DSP1.

8.5 Policy DSP2 ‘Location of Development’ further considers the strategic approach to development

locations. Located in an area zoned for a residential led mixed use development the application is considered to be acceptable under policy DSP2.

8.6 Policy DSP3 (Impact of Development) considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. In this instance the development itself provides a key leisure and recreation asset for the wider site and its proposed community. The Council’s initial investment in the park will be augmented over time by developer contributions for the continued expansion of the play equipment within the site and its future maintenance. While the proposed park acts as the central and most expansive area of active open space within the Ravenscraig site it will be complimented by additional open space and play provision within each of the surrounding residential development sites to ensure the needs of the community are met in full. Taking the above matters into account, it is considered that the proposed development accords with Policy DSP3.

8.7 Policy DSP4 (Quality of Development) requires development proposals to only be permitted where

high standards of site planning and sustainable design are achieved. In terms of the local plan policy, proposals require to be assessed against a set of criteria and the paragraphs below assess the proposal against such criteria.

a. Design Principles Including Provision for the Development and Links to Nearby Green

Networks

The applicant has submitted a Design and Access Statement which provides information with respect to the proposed site layout.

b. Safe, Inclusive, Convenient and Welcoming Development

Access to the site has evolved in discussion with NLC Transportation and it is considered that the development is accessed in an appropriate manner from the existing road network. A review of the consultation outcome with NLC Transportation is set out in section 9 and in planning terms it is considered that all matters have been satisfactorily addressed.

c. Energy Resources and Sustainable Development

The development is part of a masterplan approach to the development of the wider site for mixed use residential development over a 25 year time period. While the proposed development in and of itself does not provide specific proposals to improve the energy performance of the wider site the landowner of the wider site, Ravenscraig Ltd. has provided a statement with respect to the viability of district heating, low or zero carbon heat networks and have concluded that such technologies are potentially viable at this location, as such they have complied with the Scottish Government’s ‘Planning Advice on Heat’ and SEPA’s guidance on ‘Heat Networks and District Heating’. In terms of sustainable development, it is acknowledged that the site’s inclusion for development purposes has followed the local plan process in light of housing land supply requirements in the wider area, and strategic aims of planning policy for the Clyde Valley region. As a site, it is also designed to link to local footpaths with a satisfactory proximity to local amenities.

d. Air Quality, Noise and Pollution Impacts

With regard to noise and air quality following consultation with NLC Protective Services and SEPA the nature and scale of development has been demonstrated to be acceptable.

e. Drainage and Water Body Status

The applicant submitted a Flood Risk Assessment with the application and this raised no substantive issues from SEPA in respect to flooding interests. This should also guide the final design of drainage infrastructure. Conditions can be attached to ensure all requirements of Scottish Water, SEPA and general SUDS principles are satisfactorily achieved.

f. Impact on Local Amenity

In considering the location of the site in relation to the neighbouring regional sports facility and the proposed residential development areas, it is considered that there are no significant adverse impacts on their amenity in respect to sunlight/daylight, levels and privacy, with adequate standards being achieved. In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4 of the NLLP. In concluding the application’s compliance with the North Lanarkshire Local Plan, it is noted that it complies with policies DSP 1-4.

8.8 Drawing all of the above matters together in terms of the assessment of the NLLP, it is considered that the proposal fully complies with the Development Plan.

9. Assessment of Consultation Responses

Infrastructure Services (Traffic & Transportation Service)

9.1 The applicant’s agent has provided the following response to the points raised by Transportation Services:- 1. The existing roundabout junction of O’Donnell Way with Robberhall Road and New Craig Road

was delivered to support future development proposed as part of earlier iterations of the Ravenscraig masterplan. The roundabout forms a part of the strategic road infrastructure and was designed and constructed to accommodate traffic movements associated with the proposed Ravenscraig town centre, Regional Sports Facility (RSF), residential development, employment land and all associated community facilities/open space. The proposed park is not designed as a strategic destination. The neighbourhood park will support current and future residents of Ravenscraig, linking to existing and proposed active travel routes to ensure ease of access via sustainable means. The park will also serve existing users of the RSF. The park is considered to be a less intensive use than that proposed as part of original masterplan proposals, with substantially fewer traffic movements for which the road was designed to accommodate. As such it is considered that the existing design of the roundabout and access on O’Donnell Way is adequate.

2. The raised tables have been introduced on O’Donnell Way as a traffic calming measure to

encourage vehicle speed reduction. The raised tables have been proposed at natural desire lines between the park and the entrance to the RSF and the RSF car park, acting as informal crossing points for pedestrians. It is considered important that these obvious links between the RSF to the proposed park are created, to maximise footfall and positively encourage activity/usage.

3. It is not considered that the proposed park will be a standalone strategic destination. The

neighbourhood park will support current and future residents of Ravenscraig, linking to existing and proposed active travel routes. The park will also serve existing users of the RSF and operational traffic movements will be associated with these existing users. The proposed sports pitch will be operated by NL Leisure and is considered ancillary to the existing RSF facilities. It is assumed that users of this pitch will be existing users of the RSF and parking requirements will therefore be accommodated by the existing RSF parking area. Other elements of the park, such as the running circuit, outdoor gym and path networks will provide informal opportunities for fitness for current and future residents of Ravenscraig. In effect it is a local neighbourhood park, catering for needs of the surrounding neighbourhood which will benefit from excellent active travel routes linking it to existing and future residential users.

9.2 Having considered the above points it is clear that the development of the park is an integral part of

the wider masterplan for the Ravenscraig site and as such the detailed Transport Assessment (TA) for the masterplan provides the technical arguments in support of the vehicular access to the site from Robberhall Road and New Craig Road. The park is intended primarily as an area of open space and active leisure for the future residents of Ravenscraig not as a strategic draw in and of itself therefore there is no need for the development to incorporate car parking within its boundaries (other than for blue badge holders) as car parking is to be provided within the current and future expansion of the Regional Sports Facility. The arguments in favour of the development advanced by the applicant’s agents are accepted and the concerns of the Transportation Services can be set aside in this instance.

10. Conclusions 10.1 The proposed development is considered acceptable and in accordance with the policies and

guidance set out in the development plan. There were no unresolved objections from the consultees and no representations from the public. It is therefore recommended that planning permission be granted subject to the conditions set out above.