North Lanarkshire Council · The Time Capsule 100 Buchanan Street Coatbridge Grant Erection of...

North Lanarkshire

Council

Planning Applications for consideration of Planning and Transportation Committee

Committee Date : 22nd September 2009

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

APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE 22"' September 2009

Page Application No. Applicant No 3 N/09/00486/FUL Coal Pension

Properties Ltd

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N/09/00868/FUL North Lanarkshire Council

N/09/00913/FUL Campsie Centre Cumbernauld Ltd

24 C/07/01996/REM Persimmon Homes West Scotland And John Dewar & Sons

35 S/09/0031 5/FUL Murdoch MacKenzie Construction

Development/ Locus Recommendation

Construction of a Class 1 Supermarket, Class 2 Betting Office & Alterations Hearing) to Car Park Town Centre East Car Park Central Way Cumbernauld

Refuse (Request for Site Visit &

Erection of a New Tornado Tantrum Water Ride Feature to The North West Corner of The Existing Leisure Centre and Associated External Works - 2.4m High Fenced Enclosure The Time Capsule 100 Buchanan Street Coatbridge

Grant

Erection of Statue Grant Site Adjacent To Eastfield Cemetery A80 Cumbernauld Cumbernauld

Residential Development Grant Comprising 56 Houses and 14 Flats (3 and 4 Storey) with Ancillary Roads and Landscaping at 288 Main Street, Coatbridge

Conversion and Extension of Grant Former Church to Form 11 Flats Wishaw Methodist Church 98 Caledonian Road Wishaw.

Proposed Development: Application No:

N/09/00486/FU L Construction of a Class 1 Supermarket, Class 2 Betting Office & Alterations to Car Park Site Address:

Town Centre East Car Park Central Way

Date Registered:

30th April 2009

Applicant: Coal Pension Properties Ltd C/o La Sale Investment Management 33 Cavendish Square London WIA 2NF Application Level: Local Application

Ward: 3-Cumbernauld South. Councillors Carrigan, Goldie, Homer & McElroy

Agent: Euan FS Pearson MRICS 20 Charlotte Square Edinburgh EH2 4DF

Contrary to Development Plan: No

Representations: 3 letter(s) of representation received.

Recommendation: Refuse

Reasoned Justification:

The proposed supermarket and betting office would result in the loss of 92 of 175 well used parking spaces that currently mainly serve the ground floor retail units of phase 4 of the Town Centre. In order to replace those parking spaces that would be lost and to provide parking spaces for the new uses, a total of 175 parking spaces in reasonable proximity are required. Despite the 94 spaces proposed through the basement car parking and the reconfiguration of the roof top car park (approved under N/09/00485/FUL) there is a shortfall of 81 parking spaces. Such a significant deficiency is contrary to policy TRIO (Parking).

Reasons for refusal:

1. That the proposed supermarket and betting office is contrary to policy TRIO (Parking) of the Cumbernauld Local Plan 1993 in that it would significantly and adversely affect particularly the immediately adjacent part (Phase 4) of the Town Centre by means of greatly reducing the current parking provision in the eastern car park and failing to provide convenient replacement parking or provision for the new development.

2. That despite the revised elevation drawings, both the proposed supermarket and betting office remain contrary to policies ENV8 and ENV9 of the Cumbernauld Local Plan 1993 and DSP4 of the Draft North Lanarkshire Local Plan in that their designs do not visually enhance the town centre.

That insufficient information has been submitted with respect to Sustainable Urban Drainage.

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4. The approval of this application may set a precedent making it difficult for the Planning Authority to refuse other proposals where there parking provision is significantly deficient.

Town Centre East Carpark Central Way Cumbernauld Construction of a Class 1 Supermarket, Class 2 Betbng Office &Merations to Car Park

Backaround PaDers:

Representation Letters

Letter from Keppie, 6 Bells Brae, Dean Villiage, Edinburgh, EH4 3BJ received 4th June 2009. Letter from Cumbernauld Community Forum, C/o Mr Alan J Sneddon, 5 Gainburn Crescent, Condorrat, Cumbernauld, G67 4QN received 20th May 2009. Letter from Chris Miller, DPP, The Hatrack, 144 St Vincent Street, Glasgow, G2 5LQ received 29th June 2009.

Consultation Responses:

Traffic & Transportation (Northern Area) received 1 June 2009 Scottish Water received 29 May 2009 Environmental Health (including Pollution Control) received 19 May 2009

Contact Information:

Any person wishing to inspect these documents should contact Ms Erin Louise Deeley on 01236 616464

Report Date:

15 September 2009

APPLICATION NO. N/09/00486/FUL

REPORT

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Site DescriDtion

The application site comprises the north side of the eastern car park of Cumbernauld Town Centre. The vehicular access to the car park is from the east bound carriageway on Central Way. The eastern car park is the main and most convenient parking provision associated with the ground floor level of the immediately adjacent part of the town centre (phase 4).

Proposed Development

The applicant proposes to construct a detached betting office measuring 204 square metres in footprint and a detached supermarket measuring approximately 1453 square metres in footprint. Combined, 83 associated parking spaces are required. The development would result in the loss of 92 of 175 existing parking spaces. In attempt to address the loss of parking, the applicant proposes a car park comprising 55 spaces beneath the supermarket. The same applicant was granted planning permission (N/09/00485/FUL) for the reconfiguration of the Phase 4 roof top car park. If implemented this would result in an additional 39 parking spaces.

Amlicant’s Sumortina Information

A supporting statement with respect to town centre parking and parking for the proposed development was submitted. The applicant considers that the required 83 parking spaces for the development has been incorrectly calculated and that a reduced provision is required as the betting ofice is not a class 1 shop. The thrust of the report is that there are several car parks within the town centre that are rarely at capacity and therefore parking provision throughout the town centre as a whole adequately addresses the shortfall with the proposed development.

The statement makes particular reference to previous traffic assessments carried out for the Town Centre such as that for the Antonine Centre. The applicants’ understanding is that a relaxation was given to parking when the Antonine Centre application was approved and that a similar approach should be applied to their proposal. A report by the then Director of Planning and Environment on town centre parking is also referred to. The applicant considers the report to conclude that there are car parks underused within the town centre and that parking levels should not be a deterrent to future development so long as the level is topped up in line with the development.

The statement refers to the development plan and Scottish Planning Policy 17 (Planning for Transport) under a heading ‘material considerations.’

Site Historv and Wider ProPOsal

The applicant was granted planning permission (N/09/00588/FUL) on 15 July 2009 for external alterations to units 1A and 1B Teviot Walk. These units are planned to be amalgamated. The amalgamation in itself does not require permission. Unit 1 B is currently occupied by Ladbrokes. The plan is for Ladbrokes to relocate to the proposed betting office if it is granted and for a single retailer to move into the amalgamated units.

Undetermined Planning application N/09/00629/FUL was submitted shortly after the application for the supermarkevbetting office. The proposal is to relocate Ladbrokes into temporary accommodation within the eastern car park as their lease of unit 1B Teviot Walk is due to expire at the end of the year and so they have to vacate the it. The applicant has confirmed that the plan is for Ladbrokes to move into the proposed temporary accommodation until such time as the permanent betting office is constructed. Determination of planning application N/09/00629/FUL has temporarily

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been postponed as the only scenario where temporary betting office accommodation would be acceptable is if permission is granted for the supermarketlbetting office and whilst construction works are ongoing. My Planning Service however is recommending that the supermarketlbetting office proposal be refused. Only when the Committee determine this application will it be appropriate to determine application N/09/00629/FUL.

The applicant was granted planning permission (N/09/00485/FUL) on 24 July 2009 for alterations to and the formation of 39 additional parking spaces on the roof top car park of Phase 4. The application was submitted simultaneously with the betting officelsupermarket application and so was part of a wider master plan attempting to address the parking shortfall that would result from the supermarket and betting office development. The formation of additional parking was felt to be an acceptable development in its own right.

DeveloPment Plan

The application raises no strategic issues and can therefore be assessed in terms of the local plan policy.

In terms of the Cumbernauld Local Plan 1993, the site is covered by shopping policy SHI of the Cumbernauld Local Plan 1993. The main thrust of this policy is to protect the town centre from inappropriate development and enhance services and facilities. There is a presumption in favour of major shopping development serving the town centre provided that proposals are in accordance with other local plan policies.

Another local plan policy of relevance is TRIO which relates to parking. There is a general presumption against any development which would substantially and adversely affect the surrounding area by virtue of its car parking implications. Adequate provision of parking in all new development must be made by developers in conformity with Strathclyde Regional Council’s adopted standards.

Policy EN8 is of relevance. It seeks to minimise the impact of a development on a site. There is a presumption against development unless a) it is well related to the townscape in which it is set by virtue of its location on the

site; b) It provides adequate protection for any features on site which could be retained in

the interests of public amenity c) It complies with the requirements or recommendations of the Highway Authority

for accesslvehicular movement within the site d) It meets requirements and recommendations of the Authorities responsible for

drainage, safety and refuse disposal.

Policy EN9 is of relevance and states that all new development will be expected to make a positive contribution to the overall quality of the environment through its design, materials, and landscaping. Regard should be paid to setting and relationship with neighbouring development.

The policy status of the site is unchanged by the provisions of the Finalised Draft North Lanarkshire Local Plan. There is however policies contained with the draft local plan that are relevant to this case and are material planning considerations. These are as follows:

Policy DSP4 seeks to achieve developments that are of a high standard of sustainable design and site planning. In part, the policy states that appropriate parking should be well located and integrated into the development, and design should result in a distinct, successful place addressing siting, overall layout, density, form, scale, height, massing, proportion, detailing, colour and materials.

Scottish Planning Policy 17: Planning for Transport is of relevance. It outlines the maximum parking standards that should be adopted by the Council. This SPP

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requires development to promote the accessibility hierarchy of walking, cycling, public transport and private car. Although it encourages sustainable modes of public transport, it recognises that suitable car parking provision is essential.

Consultations

Scottish Water (SW) has no objection to the proposal subject to a separate surface water drainage system that will discharge to a suitable outlet. A suitable SUDS scheme would be required if Scottish Water are to adopt the system. It should be noted that SUDS would be required even if there was no intention for Scottish Water to adopt the system.

In the instance that planning permission is granted, Pollution Control has requested that a site investigation be carried out prior to any works commencing on site in order to ascertain any potential contamination.

My Traffic and Transportation Section provided 2 consultation responses. The first was in response to the initial submissions accompanying the planning application. The second was in response to the later submitted parking statement. In summary, this Section recommend refusal of the proposal by virtue of its significant parking deficiency implications.

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3 letters of objection have been received and the points of objection can be summarised as follows:

a) The proposed development results in a loss of parking. b) The proposal constitutes over development of the site. c) There is no overall development strategy for Cumbernauld Town Centre, this application and any future application on the adjacent Esso filling station site will have to be considered separately. This results in piecemeal development. d) The applicant has not incorporated suitable provisions to allow the safe servicing of the store for deliveries, refuse etc. This would result in vehiclelpedestrian conflict. e) The designs of the supermarket and betting office are poor and do not constitute the high quality design envisaged in the Finalised Draft North Lanarkshire Local Plan. 9 It is questionable whether there is a requirement for further supermarket and betting office provision in Cumbernauld Town Centre.

Planning Assessment

Section 25 of the Planning etc (Scotland) Act 2006 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise.

Adopted Local Plan

The site is identified as part of the established Cumbernauld Town Centre in the Cumbernauld Local Plan 1993. The relevant shopping policies support the principle of supermarket and betting office uses within the town centre area subject to proposals being in accordance with other local plan policies.

Due to a significant deficiency in parking, the proposed supermarket and betting office is considered contrary to policy TRIO (Parking). This is discussed in more detail below.

The initial proposed supermarket and betting office building designs were featureless, uninspiring and had no regard for improving the visual appearance or quality of the town centre. The revised drawings illustrate additional window openings on the conspicuous elevations of the supermarket. The windows attempt to add some interest to otherwise bland elevations however neither design improves the visual quality of the town centre. Indeed the footprint of the buildings and their positioning

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detract from the single glass entrance feature of Phase 4 that was added to enhance the character and attractiveness of the centre and to improve public perception. As a result, the proposal is considered in part, contrary to policies EN8 and EN9 of the Cumbernauld Local Plan 1993.

Finalised Draft North Lanarkshire Local Plan

The policy status of the site is unchanged by the Finalised Draft North Lanarkshire Local Plan in that the site remains within the established town centre boundaries.

Policy DSP4 of the Draft North Lanarkshire Local Plan is of relevance and is therefore a material consideration in this case. The proposed supermarket and betting office are considered contrary DSP4 in that the approved and proposed replacement parking is poorly located and inconvenient to car users and the building designs do not constitute the high standard that this policy seeks to achieve.

Other Material Considerations: Traffic and Transportation Consultation Response and Planning Perspective on Parkinq

Traffic and Transportation have advised that parking provision for a supermarket and betting office is 5 parking spaces per 100 square metres of gross floor area. Based on this advice, a total of 83 parking spaces are required for this combined development. The footprint of the developments would result in the loss of 92 of 175 existing spaces in the eastern car park. The applicant proposes 55 spaces beneath the supermarket and has planning permission for an additional 39 spaces on the roof top car park totalling 94 spaces. Although this provision could be seen to replace those spaces lost as a result of the proposed development, 81 parking spaces are still required for the new supermarket and betting office of which the applicant has not provided. A deficiency of 81 parking spaces is considered significant.

Traffic and Transportation consider there to be an overall deficiency of parking throughout the town centre. Although historical parking surveys have shown available parking within the centre, this has been due to the significant number of vacant units within the centre as a whole.

It is the understanding of the Service that that there are currently 8 vacant units within phase 4 of the town centre and that 2 of these have recently been leased and will be occupied in the near future. Occupancy of vacant units will result in a greater demand for spaces in the eastern car park and elsewhere within the Town Centre.

Despite the additional roof top car park spaces and the spaces proposed through the formation of the basement car park, there is a deficiency of 81 parking spaces. This is significant. It should be noted that the replacement car parking as well as the additional parking required should be practical and convenient to shoppers. Neither the additional roof top or proposed basement parking proposals are considered to fulfil these requirements as satisfactorily as the existing parking spaces.

The applicant suggests that the Planning Service have been inconsistent in their decision making as a relaxation on parking was given to the developers of the Antonine Centre. The Antonine Centre project was part of a plan to radically change the nature of the town centre, public perception of the town, to assist in transforming the local economy and it was a reaction to demand for better shopping facilities in the town. The Antonine Centre is bound on every side by easily accessible and practical parking provision. With regards to retail floor space within the town centre it should be noted that following the completion of the Antonine Centre, parking levels of 5 spaces per 100 square metres was achieved. This is the figure being sought by Traffic and Transportation for this application.

Any new retail floor space in the town centre requires that additional parking is provided. Accepting a deficiency of 81 spaces would not be in the interests of the proper planning of the town centre.

In the supporting statement, the applicant makes reference parking availability within

several other Town Centre Car Parks such as the old Seafar car park and St Mungo’s car park however these would be neither practical nor easily accessible to customers of the supermarkeffbetting office or phase 4 of the town centre.

8.14 In the supporting statement, the applicant makes reference to a 2006 parking report carried out by the Director of Planning and Environment and concludes that there is available parking in the town centre as a whole. Based on the information that the applicant has pulled from the report, it can only conclude that the underused car parks are remote from and would not be suitable for customers of the supermarkeff betting office. The quote “parking levels should therefore not be a detriment to future development, so long as the level of parking is topped up in line with the development” has been used. It is considered that a deficiency in 81 spaces is not consistent with this advice.

8.15 It should be noted that the parking surveys the applicant makes reference to are now out of date. No survey of the existing parking situation in the town centre has been submitted however this was suggested to the applicant at an early stage.

The case officer frequently studied the occupancy situation in the eastern car park throughout the consideration period of the application. The car park was usually at least half full (presumably with customers from Phase 4 as existing) from Monday to Friday between 12pm and 2pm. It is understood that the car park can be a lot busier than this at the weekends. In the event that Phase 4 enjoyed full unit occupancy, the car park would likely be fuller during these periods. The proposed car park beneath the supermarket and the new spaces approved on the roof top car park are not considered to be as practical or convenient for shoppers on the ground level. This is backed by the fact that the roof top car park is underused at present particularly that part closest to the application site and the entrance to Phase 4.

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8.17 As the application was submitted before 3 August 2009, there was no requirement for the submission of a design and access statement however the applicant was advised to submit a supporting statement in attempt to justify the parking shortfall.

8.18 Phase 4 of the town centre is not easily accessible by pedestrians to the east and south of the site. It is therefore more likely that customers would travel by car. It is conceded that the town centre is well served by a frequent bus service, but how attractive this would be to supermarket shoppers with purchased goods is questionable.

Other Material Plannina Considerations

As outlined in point 8.4 above, the revised design of the supermarket and betting remain unacceptable. The applicant was advised that a Sustainable Urban Drainage strategy would be required at this site. The drainage plans submitted to not take cognisance of this advice. This matter remains outstanding but given the above assessment, it is considered that there was no need to wait submission of this information.

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Comments on Points of Obiection

8.20 In considering the points of objection raised in paragraph 7.1 a response can be summarised as follows:

a.) The proposed development would result in a loss of existing parking provision in the eastern car park. The uses themselves require their own parking provision which has not been provided.

b.) The development would result in a significant loss of existing parking provision. The applicant is required to replace those spaces lost in an equally convenient location as existing and provide parking for the proposed uses. Without the ability to do this, the new uses may be regarded as over development of the site.

c.) The applicant does not have any control over the former Esso filling station site.

d.) Traffic and Transportation did not make reference to the servicing area in their reasons for recommending refusal of the application.

e.) Even with the design having been revisited, it is considered that that supermarket and betting office would not contribute positively to or improve the visual aspect of the town centre.

f.) Cumbernauld Town Centre is served by Adsa and Tesco 24 hour superstores, it also has an Iceland and it is understood that there are 4 betting offices. Subject to achieving an appropriate layout including parking standards and design, supermarket and betting office uses are appropriate uses within the town centre in planning policy terms.

9. Conclusions

9.1 The proposed supermarket and betting office would result in the loss of 92 of 175 well used parking spaces that currently mainly serve the ground floor retail units of phase 4 of the Town Centre. In order to replace those parking spaces that would be lost and to provide parking spaces for the new uses, a total of 175 parking spaces in reasonable proximity are required. Despite the 94 spaces proposed through the basement car parking and the reconfiguration of the roof top car park (approved under N/09/00485/FUL) there is a shortfall of 81 parking spaces. Such a significant deficiency is contrary to policy TRIO (Parking).

9.2 It should be noted that a request has been made than the Committee members visit the site and conduct a hearing prior to the determination of this application.

Application No:

N/09/00868/FU L

Proposed Development:

Erection of a New Tornado Tantrum Water Ride Feature to The North West Corner of The Existing Leisure Centre and Associated External Works - 2.4m High Fenced Enclosure Site Address:

The Time Capsule 100 Buchanan Street Coatbridge North Lanarkshire ML5 1BA

Date Registered:

5th August 2009

Applicant: North Lanarkshire Council Civic Centre Windmillhill Street Motherwell MLI IAB Application Level: Local Application

Agent: Dalziel Design 136 Coursington Road Motherwell MLI 1PW


Ward: Representations: 009 Coatbridge West James Smith, Thomas Maginnis, Paul Welsh,

No letter(s) of representation received.

Recommendation: Approve Subject to Conditions


The proposal is considered to comply with the terms of the adopted Monklands District Local Plan 1991 and with the draft North Lanarkshire Local Plan 2006 in that it would improve and accommodate leisure facilities at an existing leisure centre. The proposed feature (water Slide) is acceptable in terms of design, scale, height and materials and as such would not detract from the character of the building or surrounding area. The impact of the proposed water slide on the surrounding area is acceptable.

Proposed Conditions:-

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That the development hereby permitted shall be started within three years of the date of this permission.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:-

PLO1, PL02, PL03, PL04, PL05, PL06, PL07, PL08A, PLO9 & PLlO

Reason: To clarify the drawings on which this approval of permission is founded.

That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.


That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

Backnround PaDers:


None received.


None


Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 616394

Report Date:

11 Sept 2009


REPORT

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Site Description

The site currently forms an incidental area between the main leisure building containing the swimming pool and the dry sports building to the east of the main entrance to the Time Capsule Monklands leisure centre. The proposed development will be on the south east corner of the existing leisure centre


It is proposed to erect a Water slide (Tornado Tantrum Water Ride Feature) on the existing Leisure Centre. In addition there are some minor associated external works (including reinstatement works that will be required as a result of the removal of the existing slide) and a 2.4 metre high fenced enclosure. The Slide will include a space capsule feature and be some 3 metres from ground level and 9.7 metres from ground level at its highest point. The proposed 2.4 metre fence will form an enclosure around proposed water slide feature as it exits the main building and is in part adjacent to Bank Street to the south.

Site Historv

The proposal would form part of the on going improvement of the Time Capsule Monklands leisure centre. Also of note is another application currently under consideration for the Time Capsule Monklands, application 09/0081 9IFUL Extension to Leisure Centre to Form Health Suite this will be presented to Committee on the 22nd September 2009.

Development Plan

There are no strategic implications and the application will therefore be considered in relation to Local Plan Policy which includes policies LR16 Retain Existing Facilities and TO3 - Exploit “The Time Capsule Monklands” in the adopted Monklands District Local Plan 1991. Policy HCFl B1 Community Facilities in the draft North Lanarkshire Local Plan 2006 is also of relevance.

Consultations

None.

Representations

No letters of representation received.

Planning Assessment


Monklands District Local Plan 1991

Policy T03, Exploit “The Time Capsule Monklands” states that the Council will seek further ways to exploit the tourism potential of the Time Capsule Monklands. The proposed water slide is considered to generally accord with this policy.

Policy LR16, Retain Existing Facilities states that the Council will retain existing Leisure and Recreational Facilities. As the proposal would provide improvements

increasing the appeal of the centre to potential visitors improving the future retention of this leisure facility. It is therefore considered that the proposal accords with this policy.


7.4 Policy HCFI 61, Community Facilities in which the Council will maintain community well-being in residential areas by protecting the community facilities. As this proposal would be an addition to existing facilities it is considered that it would accord with this policy.

7.5 With regards to the overall character of the building, it is considered that although the slide would be prominent and project marginally towards the building frontage on Bank Street, the appearance of Time Capsule building would not in itself be adversely affected, especially given the architectural style of the building. Similarly the proposed external works are principally cosmetic and primarily relate to the removal of an existing slide. It is considered that the design of the proposed slide would continue to contribute to the current architectural themes of the building.

7.6 With regards to the height and scale of the proposal it is considered appropriate for an extension to the leisure centre and would not be overly dominant or intrusive to neighbouring properties and the height of the extension would not exceed the height of the existing buildings.

8. Conclusions

8.1 In conclusion that the proposal accords with the development plan and emerging local plan. There are no material considerations which would warrant refusal of the application it is therefore recommended that planning permission be granted subject to the attached conditions.

Application No:

N/09/009 1 3/FU L


Erection of Statue Site Address:

Site Adjacent To Eastfield Cemetery A80 Cumbernauld North Lanarkshire

Date Registered:

12th August 2009

Applicant: Campsies Centre Cumbernauld Limited C/o agent

Application Level: Local Application

Ward: 002 Cumbernauld North Balwant Singh Chadha, Barry McCulloch, Gordon Murray, Alan O'Brien,

Agent: Doig & Smith 6 Lynedoch Place Glasgow G3 6AQ


Representations: I letter(s) of representation received.



The proposed development is considered acceptable in terms of the development plan with the sculpture providing an interesting landmark for the town adjacent to the A80.

Site Adjacent to Eastfield Cemetery MO Cumbernauld Erection of a Statue


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That, for the avoidance of doubt the proposed statue shall be no higher than 10 metres in height ,except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: - 40798, sketch 17. sketch 18 & sketch A.




That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.


That before the development hereby permitted starts, details of the proposed method of illuminating the development shall be submitted to and approved in writing by the Planning Authority and it shall include: - details of any ancillary equipment to be used in the illumination of the development.

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

That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority and it shall include: -

(a) Details of earth moulding and hard landscaping, grass seeding and turfing; (b) Details of footpaths within the site boundary. (c) Details of any tree felling to be carried out to facilitate views of the statue (d) A scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (e) An indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development, and; (9 A timetable for the implementation of these works contemporaneously with the

development.


That all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 6 above, shall be completed in accordance with the approved time table and before the a Notice of Completion has be submitted, any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the issuing of the issuing of the notice shall be replaced within the following year with others of a similar size and species.

Reason: To ensure proper implementation of the landscaping scheme.

8. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of: - (a) The proposed footpaths. (b) The proposed grassed planted and landscaped areas.

Reason: To ensure proper maintenance of the area.

9. That before the development is brought into use; the maintenance and management scheme approved under the terms of Condition 8 shall be in operation.

Reason: To ensure proper maintenance of the area.

10. That before the development hereby permitted starts details of an unclimable barrier of a type to be approved by the Planning Authority, after consultation with the Trunk Roads Authority, shall be provided and maintained by the developer or subsequent owner along the boundary of the site with the trunk road.

Reason: To minimise the risk of pedestrians and animals gaining uncontrolled access to the trunk road with the consequential risk of accidents.

That before the development hereby permitted starts, details of the proposed method of construction shall be submitted to and approved in writing by the Planning Authority and shall include:

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(a)Details of the formation and reinstatement of any temporary access roads.

(b)Details and location of site compound including proposals to reinstate the site.

(c) Details of the supporting plinth for statue.


Backnround Papers:


Letter from Mr Paul McAllister, 1 Belleisle Drive, Carrickstone, Cumbernauld G68 OBW received 28th August 2009.


Transport Scotland letter received 25'h August 2009. Scottish Natural Heritage letter received 20th August 2009. Environmental Health (including Pollution Control) 28th August 2009.


Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 616475

Report Date: 11 th September 2009


REPORT

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Site Description

The site lies within an area characterised by open space surrounded on all sides by mature trees and landscaping. Eastfield cemetery lies to the north beyond the tree belt with the A80 trunk road to the south situated within a valley landform. Craighalbert Road forms the eastern boundary of the Balloch residential area and lies beyond the tree belt on the western boundary of the site, linked into the site via an informal track.


Planning permission is sought for the Installation of public art (statue). The artist has submitted conceptual drawings indicating a relative scale showing the height of the statue being approximately 10 metres. Close viewing of the statue may be achieved through the formation of an informal path network.

Site History

The proposal would form part of the on going improvement of the entrance to Cumbernauld by providing a gateway public art feature. Permission was granted in 2006 for an extension of Eastfield cemetery. While it is anticipated that this feature will be visible from the proposed cemetery extension and trunk road, the installation of a work of art in the landscape is considered acceptable having a generally positive impact on the character and amenity of the surrounding area.

Previous applications include: . 06/01249/NID Extension to Cemetery granted lgth September 2006.

Development Plan

There are no strategic implications and the application will therefore be considered in relation to Cumbernauld Local Plan Policy which includes policies EN31 B (‘The Allocation of Land for Public Open SpacelRecreational Uses). Specifically, land at Airdriehead for public open space to be promoted as a town park, EN7 (Impact of Development on Locality), EN8 (Impact of Development on Site) & ENV9 (Scale and Character of Development). Policy HCFI B Community Facilities in the draft North Lanarkshire Local Plan 2006 is also of relevance.

The Director of Transport Scotland has no objection subject to condition relating to boundary treatment.

Scottish Natural Heritage has no objection to the proposal.

Environmental Health (including Pollution Control) has provided observations on the potential presence of previously unsuspected contamination.

Representations

One letter of representation was received and can be summarised as follows.

Application is not legally valid having been submitted by the council as opposed to a third party.

b) The application refers to the provision of lighting with no supporting information detailing how this will be achieved.

c) The proposal will be obscured by existing trees adjacent to the A80 trunk road leading to the removal of these trees to improve viewing of the statue.

7. Planning Assessment


Cumbernauld Local Plan 1993

Policy EN31 allocates land for public open space and recreational uses. Works of art and in particular statues are traditionally located within town parks or within public open space and generally considered to make a positive contribution to visual amenity of those areas. The proposed statue therefore accords with this policy.

Policy ENV7 considers the impact of development on locality where there will be a presumption against development which could be harmful to the surrounding area by reason of traffic generation, drainage, and loss of sunlight daylight, pollution or physical damage to neighbouring property. In this instance the impact of the development on the locality is overwhelmingly positive and being acceptable is considered to accord with this policy.

Policy ENV8 considers the impact of development on site and states that where there is a presumption against development unless it is well related to the landscape or townscape in which it is set by virtue of its location. It is considered that the artwork will

relate well to this site by virtue of reasons described in paragraph 7.2 notwithstanding one of the proposals functions is to be visible in the landscape in promoting the gateway to the town of Cumbernauld. The proposal is considered to accord with this policy.

Policy ENV9 considers the scale and character of development and subsequent impact on the quality of environment through design, materials and relationship with neighbouring development. The proposal will be of high quality design and materials and

proposal is positioned in an area of open space with no neighbouring structures. The considered to accord with this policy.


7.6 Policy HCFl B1 (Community Facilities) advised that the Council will maintain community well-being in residential areas by protecting the community facilities. The statue will sit in the proposed town park area and will contribute to the overall facility and as such is considered to accord with this policy.

The applicant provided a walk over survey on protected species carried out by a consultant Ecologist which found no protected species likely to give rise to ecological constraints to any works in this area. This report concurred with the comments in Scottish Natural Heritage’s consultation response.

7.8 Environmental Health (Including Pollution Control) provided standing advice in their consultation response on the potential presence of contamination discovered during the development. However given the relatively small scale of the development and consequential ground disturbance this advice can be covered using an informative should the committee decide to grant the application.

7.9 With regards to the height and scale of the proposal, albeit an approximation through conceptional drawings, the submission was considered appropriate for the purpose of assessing the planning application. The statue itself represents an example of

gateway urban art which on this site is appropriate and will not dominate or intrude upon neighbouring properties.

7.10 In considering the points of objection raised in paragraph 6.1 a response can be summarised as follows:

a) The application is lawful for planning purposes regardless of the body submitting it.

b) The detail in illuminating the statue the statue may be achieved through the imposition of a suitable condition.

c) The proposed statue sits on an area of higher ground within an area of open space. The southern boundary of the site has been opened up with trees having been removed as part of the A80 road construction works. Accordingly the statue will be visible from the A80. Should any further trees require to be removed this matter can be properly considered through the submission of a detailed Landscaping Scheme and a condition has been attached.

8 Conclusions

8.1 In conclusion that the proposal accords with the development plan and emerging local plan providing an interesting landmark for the town adjacent to the A80.There are no material considerations which would warrant refusal of the application it is therefore recommended that planning permission be granted subject to the attached conditions.

Application No:

C1071019961REM


Residential Development Comprising 56 Houses and 14 Flats (3 and 4 Storey) with Ancillary Roads and Landscaping

Site Address:

288 Main Street Coatbridge North Lanarkshire ML5 3RH

Date Registered:

10th December 2007

Applicant: Agent: Persimmon Homes West Scotland And N/A John Dewar & Sons 77 Bothwell Road Hamilton ML3 ODW

Application Level: Major Application


Ward: Representations: 010 Coatbridge South James Brooks, lan Ferrie, John Higgins,

1 letter of representation received



The proposed housing development accords with the Monklands District Local Plan 1991 residential policies. It relates acceptably in design and layout to the surrounding area and has no significant adverse affect on neighbouring properties.

Planning Application No C1071019861REM Residenbal Development Comprislng 56 Houses and 14 Flats (3 and 4 Storey) ~ t h Ancdlaty Roads and Landscaping rn"b =-- 288 Main Street, Coatbndge

rs * Representation * Site Area 3 1 HA mrc.hzlaar

1:2,500


1. That the development hereby permitted shall be started no later than 7 February 2012.

Reason: To accord with the outline planning permission C10510207410UT.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:-

2.

M.S.C-D.L-01 Rev H Section 1

F2-02 Rev B F2-03 Rev B F2-04 Rev B F2-05

F3-02 Rev C F3-03 Rev B F3-04 Rev B F3-05 Rev A

1229D102 1 1229D1022 1229D1026 1 22 9 D/02 7

1 160D/02 1 1 160D1022 1 160D/026 1 160D1027

09448102 09448103 0944S/O 10

783T1878T-011 783T1878T-013 783T1878T-014


3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.


That within 4 weeks of the final house within the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.


4.

5. That before the development hereby approved starts, a report which adheres to guidance given in BS10175.2001 Investigation of Potentially Contaminated Sites, Code of Practice, and describes the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority, and shall include proposals to remove or render harmless these contaminants, having regard to the proposed use of the site, to be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the proper treatment of the site in the interests of health and safety.

6. That following the completion of all or any of the works required under the terms of condition no. 5 above, a certificate from a suitably qualified person or body shall be submitted to the Planning Authority confirming that all necessary works have been carried out in full and to a satisfactory standard.

Reason: To ensure the compliance with condition no. 5 in the interests of health and safety.

That before the development hereby permitted starts, a report describing the stability of the retaining walls along the northern boundary of the site shall be submitted to the Planning Authority for its approval. Any works required in order to stabilise the walls (having regard to the proposed use of the site) shall be agreed in writing with the Planning Authority, and no house shall be occupied until these works have been completed.

7.

Reason: To ensure the proper treatment of the site in the interests of health and safety.

That following the completion of any works required under the terms of condition no. 7 above, a certificate from a Chartered Engineer shall be submitted to the Planning Authority confirming that all necessary works have been carried out in full and to a satisfactory standard.

8.

Reason: To ensure the compliance with condition no. 7 in the interests of health and safety.

9. That before the development hereby approved starts, a Noise Impact Assessment Report, to be undertaken in accordance with the guidelines contained within BS 4142 1997 'Method for Rating Industrial Noise Affecting Mixed Residential and Industrial Areas' and detailing the anticipated levels of noise emitted from the surrounding area, in particular the adjacent public house and industrial area, shall be submitted to the Planning Authority including details of any associated impact on the proposed residential properties and including any amelioration measures proposed to be incorporated in the site IayouVbuilding design, and the development shall not be started until these details have been agreed in writing with the Planning Authority.

Reason: To safeguard the amenity of future residents within the application site.

10. That following the completion of any physical works required under the terms of condition no. 9 above, a certificate from a suitably qualified person or body shall be submitted to the Planning Authority confirming that all necessary works have been carried out in full and to a satisfactory standard.

Reason: To ensure the compliance with condition no. 9 in the interests of amenity.

11. That before the development hereby approved starts full details of the proposed surface water surface drainage scheme shall be provided and this must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant ClRlA Manual and other advice published by the Scottish Environment Protection Agency (SEPA).

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

That the SUDS compliant surface water drainage scheme approved in terms of condition 11 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate signed by a suitably qualified Chartered Engineer shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

12.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents.

13. Notwithstanding the requirements of condition 7, 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. For the avoidance of doubt this should include a high quality treatment for the eastern boundary of the application site.


14. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing;

(b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted;

(c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development

(d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.


15. That before the development hereby permitted starts, a scheme for the provision of the equipped play area identified in drawing number M.S.C-D.L-01 Rev H within the application site shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of the type and location of play equipment, seating and litter bins to be situated within the play area; (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area, (d) details of the phasing of these works.


16. That the installation of the play provision shall be implemented in accordance to the timescales approved in terms of condition 15(d) above.

Reason: To ensure the provision of adequate play facilities within the site.

17. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-

(a) the retaining walls running along the northern boundary of the application site; (b) the proposed parking areas in relation to the flatted properties; (c) the proposed play area; (d) the proposed grassed, planted and landscaped areas; and (e) the proposed fences to be erected along the boundaries.

Reason: To safeguard the residential amenity of the area.

That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 17 shall be in operation.

18.

Reason: To safeguard the residential amenity of the area.

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 implemented in accordance with the details approved under the terms of this condition.

19.


20. That BEFORE the development hereby permitted is started, details of the provision of additional visitor car parking spaces in respect of the dwellinghouses shall be submitted to and approved in writing by the Planning Authority.

Reason: To ensure the provision of adequate parking facilities within the site.

21. That a visibility splay of 4.5 metres by 120 metres, measured from the heel of the footway, shall be provided on both sides of the vehicular access with the A89 Main Street.

Reason: In the interests of traffic and pedestrian safety.

22. That BEFORE the development hereby permitted is started details for the provision of a right hand turning storage island on the A89 Main Street shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interest of traffic safety.

23. That the right turn storage island detailed in condition 21 above shall be brought into use prior to the occupation of the first residential unit.

Reason: To ensure the provision of satisfactory vehicular access facilities.

Backaround Papers:


Letter from J Myles & CO, 7 - 9 South Tay Street, Dundee, DDI 1 NU received 7th July 2009.


Memo from Education Section received 8 January 2008 Memo from Pollution Control Section received 30 January 2008 Memo from Traffic and Transportation Section received 31 August 2009 Letter from Scottish Environment Protection Agency received 28 April 2008 Letter from Scottish Water received 22 January 2008


Any person wishing to inspect these documents should contact Leigh Menzies at 01236 812372

Report Date:

19th August 2009

APPLICATION NO. C/07/01996/REM

REPORT

1.

1.1

1.2

1.3

2.

2.1

3.

3.1

4.

4.1

Site Description

The application site extends to around 3.46 hectares (8.56 acres) and contains several large brick buildings which are surrounded by hard-standing. The site was used for many years as a whisky maturation and blending facility and employs around 15 people. The site currently takes vehicular access from the Main Street which is an ‘ A classified road. Although the site is generally flat, it sits up to 3.0m lower than ground level at Main Street.

The site is bounded to the south by an area of public open space which contains a public footway. Immediately to the east is located a car sales area, public house with beer garden and fire station. To the north (on the opposite side of Main Street) is mainly residential properties and council buildings at 453 Main Street, which is a ‘B’ Listed Building. To the west is the ‘Main Street Business Centre’ which contains a variety of mainly light industrial premises including a joinery business, which shares a vehicular access with the application site.

More generally within the surrounding area to the north-east is Coatdyke which acts as a local neighbourhood centre containing a variety of shops and restaurants. To the east (on the opposite side of Locks Street) is the Locks Street retail park. Further to the north-west is the Albion Rovers football ground.


Planning permission is sought for the approval of matters specified in condition, for a residential development, in relation to the outline planning permission C/05/02074/OUT which was approved in February 2007. The applicant proposes a total of 70 units. This includes the construction of 56 houses (2 storeys) with a mixture of 2, 3 and 4 bedrooms. In addition 14 flatted properties (3 and 4 storeys) are proposed of 1 and 2 bedrooms. The access to the site would remain as existing from Main Street. This entrance would remain to be used to access the ‘Main Street Business Centre’.

Site History

This application is for the consideration of matters specified in condition in relation to C/05/02074/OUT Residential Development. This outline application was approved in February 2007.

Development Plan

In terms of the Monklands District Local Plan 1991 the site is covered by policy ECON 2 (Existing General Industrial Areas). However as indicated in paragraph 4.1 above the site now benefits from an outline planning approval of residential use. As the application raises no strategic issues, it can be assessed in terms of the relevant residential local plan policies and guidance.

5.

5.1

5.2

5.3

5.4

6.

6.1

7.

7.1

7.2

7.3

7.4

7.5

Consultations

No objections to the proposal were received from Scottish Water or NLC’s Education Section.

NLC’s Pollution Control service raised the issue of investigating possible site contamination and also advised of the appropriate construction operating hours.

SEPA have no objection to the application but ask that the issues of SUDS and possible site contamination be taken into consideration.

NLC’s Transportation Section have recommended that the decision on the application be deferred until a survey of the retaining walls along the northern boundary is undertaken to ensure structural integrity. In addition various comments have been submitted regarding the detailed layout of the site.

ReDresentations

Following the standard advertisement and neighbour notification 1 letter Of representation was received from an existing neighbouring commercial property. The main points of which are:

i. Noise impact ii. iii. iv. Ground stability V. Displacement of vermin

Disruption to the roads network Issues surrounding communal retaining walls

Planning Assessment

As covered by Section 25 of the Planning Etc (Scotland) Act 2006, the determination of planning applications must be made in accordance with the development plan unless material considerations indicate otherwise. In this instance there are no strategic planning issues to address therefore the proposals required to be assessed under the terms of the relevant residential local plan policies.

As this application is in relation to the determination of matters specified in condition in respect of the relevant Outline application therefore the principle of the development has been established, and the details of the proposal are all that require to be assessed.

The layout of the site is acceptable in that the requirements for open space and play provision, both for the individual dwellings and for the wider requirements of the development have been met. In addition the issue of privacy between the properties has been addressed through the layout and design of the proposed dwellings.

In terms of parking, under the current guidelines the level proposed for some of the individual dwellinghouses would be below the requirement. However the outline approval for the site was given based on the previous standards, which have been complied with. Therefore in this instance the parking level for the properties is considered acceptable.

Due to the existing industrial nature of the site it is considered appropriate to assess the potential contamination of the site. Should the application be approved an appropriate condition would be included for this element to be undertaken before development starts and the appropriate certification also be provided.

7.6 The protection of the amenity in relation to noise is also a material consideration. The proposed residential development would be in close proximity to a public house with a beer garden. Consideration requires to be given not only to the protection of the residential properties from the noise of the beer garden but also the ability of the public house to continue to trade unhindered by a more sensitive neighbouring user. It is considered that due to the difference in levels between the two areas that the issue can be mitigated through the design of the housing. An appropriate condition would be added to any approval to address this.

7.7 With regard to the comments from NLC’s Pollution Control and SEPA, where appropriate, these matters would either be added as conditions or the applicants advised of the matters in the appropriate manner.

7.8 In terms of the comments from NLC’s Traffic and Transportation these are addressed as follows:

i. With reference to the deferring of the decision until such time that a survey of the structural integrity of the northern boundary retaining wall is carried out, this is considered to be a material consideration and as such the condition regarding this matter that was placed on the outline approval and this would be carried forward should this application be given approval.

ii. Regarding the access into the adjacent business centre Traffic and Transportation have requested that the junction spacing be increased to 40m (proposal is 30m) or that an appropriate alternative be found from Main Street. In response firstly the location of the access to the industrial site has not been altered by the development and has been established in this location for a number of years. In addition it is considered that an access from Main Street would not be viable due to the differences in ground level between the road and the site.

iii. The Traffic and Transportation Section have also indicated certain requirements in relation to the junction onto Main Street, this would be dealt with through condition.

iv. In terms of the issues highlighted regarding the proposed location of traffic calming, this matter would be addressed fully through the Roads Construction Consent. Visitor parking provision, in relation to the dwellinghouses should be at a level of 30%, in this instance 8 spaces have been provided which is a shortfall on the 17 that are required. Should the application be granted an appropriate condition would be placed on any approval.

V.

7.9 In relation to the points of objection these are addressed as follows:

i. Regarding noise impact affecting the public house the applicant is concerned that any adverse comments to the licensing committee may cause a change in hours of operation. The issue of noise has been considered in paragraph 7.5 above.

ii. In terms of the disruption of the surrounding road network during the construction process, it is considered that these would be temporary in nature and requires to be balanced against encouraging a suitable alternative long term use for the site. With reference to the maintenance and responsibility to the retaining walls along the northern boundary of the site this matter was included as a condition in the outline approval and would be included again should planning permission be granted. The condition would require that a survey of the retaining walls be carried out to ensure stability. In addition an additional condition would be included to identify who has responsibility for the longer term maintenance.

iii.

iv. Regarding ground stability of the application site this is a matter that would be investigated through the Building Warrant, however a study has already been carried out and the location of a mine shaft identified. This area has been set aside as a play area as this area can be made safe to allow it to be used as open space, but would not be suitable for the erection of any structures. In terms of the displacement of vermin during the demolition of the existing buildings, it is not disputed that this is a concern for adjacent landowners however this is not a material planning consideration.

V.

8. Conclusions

8.1 In conclusion it is considered that the layout and design of the development is appropriate to its location. With regard to the other material considerations such as noise impact and stability of the retaining walls it is considered that these can be satisfactorily mitigated and addressed through the inclusion of appropriate conditions. Therefore the development is considered acceptable and should be granted subject to the conditions outlined above.

Application No:

S1091003151FUL


Conversion and Extension of Former Church to Form 11 Flats.

Site Address:

Wishaw Methodist Church 98 Caledonian Road Wishaw

Date Registered:

5 May 2009

Applicant: Murdoch MacKenzie Construction Coursington Road Motherwell MLI INR

Application Level: Local Non Delegated

Ward: 020 Wishaw Cllrs Adamson, Love, McKay and Pentland

Agent: Dalziel Design 136 Coursington Road Motherwell MLI 1PW


Representations: 3 letters of representation received

Recommendation: Grant with Conditions


The proposed application is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies contained within the Southern Area Local Plan 2008 and of the Finalised Draft North Lanarkshire Local Plan. The proposed development can be accommodated within the residential area without detriment to the surrounding properties.

Proposed Conditions

1.

2.

3.

4.

5.

6.

7.


Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006



That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To monitor the development, to enable the Planning Authority to retain effective control.

That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 01; 02; 03; 04; 05; 06; 07; and 08.


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 and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled ‘Drainage Assessment: A Guide for Scotland’ and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post- development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water. If the area of ground illustrated is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and approved in writing by the Planning Authority prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority.

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.

That the SUDS compliant surface water drainage scheme approved in terms of Condition 5 above; shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, and before the last flat within the development is occupied 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 ClRlA 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.

That before the development starts, the applicant shall provide written confirmation to

the Planning Authority that all the requirements of Scottish Water, have been fully met in respect of providing the necessary site drainage and water infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site infrastructure.

8. 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, 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 (which shall be of native species); (c) an indication of all existing trees and hedgerows, plus details of those to be retained, (d) a timetable for the implementation of these works to be implemented contemporaneously with the development.

Reason: In the interests of amenity and in consideration of the desirability of tree plantinglretention on the new edge of the settlement.

9. That the scheme of landscaping and planting, approved under the terms of condition 8 above, shall be implemented in accordance with the approved timetable and shall be completed prior to the occupation of the last flat within the development hereby permitted. Any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure that the required landscaping does not fail to be established through damage or neglect.

That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-

10.

(a) the proposed footpaths, (b) the proposed SUDS treatment area and access, (c) the proposed parking areas and lighting, (d) the proposed grassed, planted and landscaped areas, and all communal areas; (e) the proposed fences to be erected along the boundaries, (9 the entrance feature and walls outlined in conditions 12 and 13.


11. That before the last flat within the development hereby permitted is occupied, the management and maintenance scheme approved under the terms of condition 10 above shall be in operation.

Reason: To ensure maintenance of the sites identified in condition 10 above.

12. That before the development hereby permitted is occupied, full details of the design and location of all fences and walls including details of a site entrance feature and feature walllrailings along the frontage of the site on Main Street shall be submitted to and approved in writing by the Planning Authority and shall thereafter be completed to the satisfaction of the Planning Authority. Notwithstanding the details above before any flat within the development hereby permitted is occupied the existing boundary wall coloured orange on the approved plans shall be reduced to 500mm.

Reason: To ensure that boundary features are of acceptable quality and to enable adequate visibility.

13. That prior to the occupation of the last flat, the entrance feature and boundary wall/railings shall be completed to the satisfaction of the Planning Authority.

Reason: In the interests of the visual amenity of the site and in order to clearly identify the site entrance in the interests of road safety.

14. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls, roofs and windows shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Notwithstanding these requirements the roof shall be finished in dark grey slate substitute tiles and neutral coloured wet dash render.

Reason: In order to ensure that materials are visually acceptable in a local context.

15. That prior to the occupation of the first flat, all of the associated parking and turning areas shown on the approved plans, shall be levelled, properly drained and surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out. These areas shall thereafter be retained as such to the satisfaction of the Planning Authority.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.

16. For the avoidance of doubt, that before the occupation of the first flatted property within the development hereby permitted, access to the site from Main Street shall be formed as a 6 metre wide dropped kerb to the satisfaction of the Roads Authority.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.

That before the development hereby permitted is commenced, full details of the design and location of the proposed bin stores shall be submitted to and approved in writing by the Planning Authority.

17.

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

That before the occupation of the first flatted property in the block hereby permitted, the bin stores approved under the terms of condition 17 above shall be completed to the satisfaction of the Planning Authority.

18.

Reason: To ensure the provision of adequate bin storage facilities.

19. That should 6 months or more elapse between the timing of the initial ecological survey dated June 2009 hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, particularly for bats, and badgers, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992.

Backaround Papers:

Application form and plans received 23rd March and 1 lth August 2009. Drainage Report received 23rd June 2009. Protected Species Survey received 1 Ith August 2009.


Letter from The Church Of Scotland, 121 George Street, Edinburgh , EH2 4YN received 1st April 2009. Letter from C F Baxter, 89 Russell Street, Wishaw, ML2 7AP received 28th April 2009. Letter from Liam McCabe, 83 Russell Street, Wishaw, ML2 7AP received 28th April 2009.


Letter from Scottish Environment Protection Agency received 1'' May 2009. Letter from Scottish Water received 1'' April 2009.

Memo from Transportation received 2"d June 2009. Memo from Geotechnical received 12'h June 2009. Memo from Protective Services received 7'h April 2009.


Any person wishing to inspect these documents should contact Mr Edward McLennaghan on 01698 274113.

Report Date:

2nd September 2009

APPLICATION NO. S109/00493/FUL

REPORT

1.

1.1

2.

2.1

3.

3.1

4.

4.1

5.

5.1

5.2

5.3

6.

6.1

Site Description

The application site is a vacant church and grounds located at 98 Caledonian Road, Wishaw. The site is bounded by residential and commercial properties to the northeast, northwest, southeast, and the vacant Thornlie Parish Church to the southwest. The surrounding residential properties are predominantly two storeys in height and the site extends approximately 1 324m2 and is relatively flat.


The application seeks full planning permission for the conversion and extension of the former church to form 11 flats. The existing church would be converted into 6 flats with the addition of new dormers in the roof space to allow additional accommodation. In addition an existing brick built extension to the church will be removed and a new modern addition is proposed. The modern extension will be set below the height of the existing roof of the church and will encompass 5 flats, a small dormer and “velux” style windows in the roof. The block proposes to utilise the existing vehicular access on Caledonian Road with a parking court to the rear.

Applicant’s Sutmortinn Information

The applicant has provided a Drainage Assessment and Protected Species Survey for the site.

Site History

There is no relevant site history for the proposed application.

Development Plan

The site is zoned as CS2 (Established Community Facilities) in the Southern Area Local Plan 2008.

The site is also zoned as HCFI (Protecting Residential Areas) in the Finalised Draft North Lanarkshire Local Plan (FDNLLP).

The application raises no strategic issues; it can be assessed in terms of the local plan policy.

Consultations

A summary of comments from the consultees are as follows:

I . Transportation has objected to the proposed development given the substandard nature of the access, visibility, turning head, parking provision and pedestrian provision within the site.

ii. Geotechnical has offered no objections to the proposal but has indicated that further information will be required to assess the drainage proposals for the site. Protective Services have no objections to the proposed development. Scottish Water have offered no objections to the proposed development and

iii. iv.

have indicated that Daer water treatment works currently has sufficient capacity to service the development, that Carbarns has limited capacity and existing infrastructure may require upgrading by the developer. Surface water drainage should be provided in accordance with a Sustainable Urban Drainage System (SUDS).

V. SEPA have raised no objections to the proposal given that the development will drain foul and surface water to the public sewer but advised that confirmation on acceptance of flows be obtained from Scottish Water. Conservation and Greening had no objections but required the submission of a protected species survey.

vi.

Rewesentations

Following the standard neighbour notification process and newspaper advertisement 3 letters of representation have been received. One of the objecting properties did not appear to exist but all issues raised have been suitably addressed within the report.

The main points of which are as follows:

I .

ii.

iii.

iv .

V.

vi.

vii.

viii.

ix .

X.

xi.

Concerns regarding the overlooking of the Thornlie Church Manse, and numbers 83 and 89 Russell Street.

Concern that the proposed development will overshadow the Thornlie Manse as the proposals are substantially higher than the existing building.

Concerns regarding the drainage of the site.

Concerns regarding noise, disturbance and dust from construction.

Concerns regarding disturbance from car headlights, and pollution from vehicles parking in the site.

Concern regarding the bin store area being in close proximity to 83 Russell street and resultant issues such as rubbish, vermin and smells.

Concerns regarding the traffic impact of the proposals and the lack of parking provision within the site.

Concern regarding possible damage to the rear boundary wall at 83 Russell Street with the parking area adjacent.

Concern that the residents will use the site as a shortcut to main street.

Concern regarding the loss of greenspace due to the extension and proposed development.

Concern that the proposed development would have an adverse impact on their business that they run from number 83 Russell Street.

Planning Assessment

In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

The proposal raises no strategic issues and can therefore be assessed against Local Plan Policies. In this instance the Southern Area Local Plan 2008 is relevant, with the

8.3

8.4

8.5

8.6

site being zoned as CS2 (Established Community Facilities). Policies HSGS (Assessing Applications for Housing Development) and TR 13 (Assessing the Transport Implications of Development) are also relevant.

Policy CS2 (Established Community Facilities) in the Southern Area Local Plan seeks to protect established community facilities by resisting their loss where a shortfall in provision for that locality will result. The existing Wishaw Methodist church has been vacant for a considerable period with no community use. Therefore notwithstanding the site’s zoning as an established community facility, it is considered that the proposed conversion of the church into flats is acceptable in principle as its loss will cause no reduction in community facilities.

Policy HSG 9 (Assessing Applications for Housing Development) sets out the criteria against which new housing proposals will be assessed including: impact of the development on the built and natural environment; detailed design elements; provisions made for landscaping and open space and provision made for roads, access, and parking provision. It is considered that in land use terms the development of the site for residential use is acceptable and would not adversely affect the character and amenity of the area. The design of the proposed conversion and extension is considered acceptable and would significantly improve the appearance of the existing area, while complementing the existing surrounding properties in terms of scale, style and finish. The proposed height of the flatted block is considered acceptable and in keeping with the height of surrounding properties. The design of the development is such that it would result in no loss of privacy to surrounding properties, would have no impact in terms of sunlighffdaylight. The proposed development does not meet the Councils “Open Space Standards” but is considered to be served by sufficient open space given the town centre location. It is considered that the town centre location, coupled with the proposal being for the re- use of a currently vacant building, is sufficient to warrant approval in this instance. The transportation issues are considered below.

In assessing the transport implications of development, Policy TR13 applies. This policy requires assessment of the proposal against various criteria including: the level of traffic generated and its impact on the environment and adjoining land uses; the scope to integrate development proposals with existing public transport facilities; impact of the development on road traffic circulation and road safety; and provisions made for access, parking and vehicle manoeuvring. As indicated above Transportation has recommended refusal of the application. The development proposes 12 parking spaces for the 11 flatted dwellings (Approx 11 0% provision), this was considered to be acceptable at the pre application stage although short of the 150% or 17 spaces required at that time. However, it is considered that the town centre location, the availability of public transport facilities, proximity of numerous shops and services, and the availability of numerous parking facilities within the area, combine to make the substandard parking provision insufficient to warrant refusal of this application. The applicants propose to utilise the existing access arrangements that served the former church, which is unlikely to increase the amount of traffic enteringAeaving the site onto Caledonian Road and the building could be re-used as a community facility without planning permission being required, and this would generate at least as much, if not more traffic than the flats. In relation to the internal layout of the proposed parking and manoeuvring area it is considered sufficient to serve the proposed development. In conclusion, the proposals don’t fully meet transportation requirements but can be justified in terms of the transportation requirements of policies HSGS and TR13.

A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan (FDNLLP). Policy HCFlA states that there will be a presumption against developments detrimental to the residential amenity of primarily residential areas. The proposed development is considered acceptable and will not have a detrimental impact on the residential amenity of the surrounding area given that it convert a vacant buildina adiacent to an existina residential area. The

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proposals are therefore considered to accord with the draft local plan.

8.7 In terms of consultation responses it is considered that in this instance the issues raised by the Council’s Geotechnical Section can be satisfactorily addressed by conditions. Scottish Water have offered no objections to the proposed development.

8.8 Finally, turning to the 3 letters of representation I would comment as follows:

1. In terms of overlooking having assessed the proposals the nearest objecting property located at 83 Russell Street is located 21m from the proposed gable at the closest point, this distance exceeds the minimum window to window distance of 18m. The applicant has also amended the plans to put high level windows on this gable to further ameliorate any overlooking issues.

II. In relation to the concern that the proposed development will overshadow the Thornlie Manse I can confirm that the proposed conversion does not increase the height of the existing church and the proposed extension sits lower than the existing church in terms of ridge height. Having assessed the proposals and given the orientation the existing church in relation to the manse the church building and extension will have no impact on the Thornlie Manse in terms of sunlightldaylight and overshadowing.

iii. The concerns regarding the drainage infrastructure for the site are noted. Having consulted the Council’s Geotechnical Section, SEPA and Scottish Water they have offered no objections to the proposed development and conditions are recommended to address the provision of adequate drainage within the site.

iv. Disturbance experienced by the existing adjacent properties prior to and after the construction of the development is not a material planning consideration.

V. It is not considered that vehicles utilising the site will have a significant adverse impact on the surrounding residential properties in terms of pollution or disturbance from car headlights. The existing stone boundary wall is considered to be a sufficient buffer and having consulted Pollution Control they have indicated no objections to the proposed development.

The concern regarding the bin store area being in close proximity to 83 Russell street and resultant issues such as rubbish, vermin and smells is noted. The existing stone wall forms a sufficient boundary for the site and the design of the bin store would be controlled by recommended planning conditions.

vi.

vii. The concerns regarding the traffic impact of the proposals and the lack of parking provision within the site are addressed in section 8.5 above.

viii. The concern regarding possible damage to the rear boundary wall at 83 Russell Street with the parking area adjacent is not a material planning consideration. However the parking bays are separated from the wall by a verge and it is therefore considered unlikely that there will be any damage to the boundary wall.

ix. Concern that the residents will use the site as a shortcut to main street is not a material planning consideration. The layout proposed does not encourage such access.

X. With regard to the loss of greenspace it is not considered that the removal of the small grassed area to the rear of the site would be a significant loss in terms of the overall amenity of the area.

xi. The concern that the proposed development would have an adverse impact on the business that they run from number 83 Russell Street is not a valid planning consideration.

9. Conclusions

9.1 In conclusion, the proposed development is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies contained within the Southern Area Local Plan 2008 and of the Finalised Draft North Lanarkshire Local Plan. The proposal would result in the physical improvement and re-use of a currently vacant building and thereby assist the regeneration of Wishaw. The concerns from Transportation are noted, however it is considered that the benefits of the redevelopment of this site outweigh the concerns raised. The proposed development can be accommodated within the area without detriment to the surrounding properties and taking the provisions of the development plan and all other material considerations into account, it is recommended that permission be granted subject to conditions.

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