North Lanarkshire

Council

Planning Applications for consideration of Planning Sub-Committee

Committee Date: 13-12-2018

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

APPLICATIONS FOR PLANNING SUB COMMITTEE

13th December 2018

Page

No

Application No

Applicant Development/Site Recommendation

7-14 18/00643/FUL

P McKernan

Construction

Ltd

Proposed Development of 22

no. Detached 2-Storey

Residential Units, 4 no. House

Types

Harrison-Field Ltd

Martyn Street

Cairnhill

Airdrie

ML6 9AU

Grant (P)

15-19 18/01529/FUL

Saash Food

Ltd

Change of Use. Retail Unit to

Restaurant with Takeaway

Facility ( including external

Flue).

95 Brandon Parade South

Merry Street

Motherwell

ML1 1RB

Grant

(P) 18/00643/FUL - Legal Agreement required to cover Education Contributions

Application No: 18/00643/FUL

Proposed Development: Proposed Development of 22 no. Detached 2-Storey Residential Units, 4 no. House Types

Site Address: Harrison-Field Ltd Martyn Street Cairnhill Airdrie ML6 9AU

Date Registered: 27th April 2018

Applicant: P McKernan Construction Ltd North Muirhead Farm Dullatur Road Dullatur G68 0AS

Agent: Enspire Architects Ltd Office 29, Alloa Business Centre Whins Rd Alloa Clackmannanshire FK10 3SA

Application Level: Local Application

Contrary to Development Plan: Yes

Ward: 09 Airdrie Central Trevor Douglas, James Logue, Nancy Pettigrew, David Stocks,

Representations: 1 letter of representation received.

Recommendation: Approve Subject to Conditions Reasoned Justification:

Although not allocated for housing in the Local Plan the use of this site for residential purposes is considered acceptable in planning terms and will enhance the surrounding area.

It should be noted that if Committee is minded to grant a Legal Agreement requires to be satisfactorily concluded in relation to an Education contribution before any

Planning Permission is granted.

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: 18/00643/FUL Name (of applicant): P McKernan Construction Ltd Site Address: Harrison-Field Ltd Martyn Street Cairnhill Airdrie North Lanarkshire ML6 9AU Development: Proposed Development of 22 no. Detached 2-Storey Residential Units, 4 no. House Types

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 approved include: 1338 PL02C, 1338/PL03, 04, 05, 06 and House Type C2 Revised side elevation.

Reason: To clarify the drawings on which this approval of permission is founded. 2. That BEFORE the development hereby permitted starts, a scheme of landscaping for all

landscaped areas and all boundary treatments including the feature wall on the southern boundary at Victoria Place and the access entrance feature and wall on Martyn Street, 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. For the avoidance of doubt the landscape scheme shall include native species and include tree and hedgerow planting along the western and southern boundaries.

(c) A timetable for the completion of these works contemporaneously with the development. Reason: To enable the Planning Authority to consider these aspects. 3. That before the development hereby permitted is brought into use, all planting, seeding, turfing

and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 2 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of the environmental amenity of the area. 4. 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 grassed, planted and landscaped areas; (b) any communal fences and walls; Reason: To ensure the maintenance of the landscaping scheme in the interest of amenity. 5. That BEFORE completion of the development hereby permitted, the management and

maintenance scheme approved under the terms of condition 4 shall be in operation. Reason: To ensure there is an adequate landscape maintenance scheme in place. 6. That before the development hereby permitted starts a comprehensive site investigation requires

to be submitted for the proposed residential development to the satisfaction of the Local Authority. This investigation must be carried out in accordance with the British Standard Code of Practice BS 10175: 2011 "The Investigation of Potentially Contaminated Sites". The report must include a site specific risk assessment of all relevant pollution linkages, be carried out in accordance with the Environment Agency publication Model Procedures for the Management of Land Contamination CLR11, and be submitted in both hard copy and electronic format. Depending on the results of this investigation a detailed remediation strategy or gas control measures may be required. Before development begins any remediation work required must be completed and verification provided by the developer to the satisfaction of the Local Authority.

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

amenity of the area.

7. That any mitigation works identified as part of the Site Investigation required under condition 6 above shall be carried out and verified by a suitably qualified environmental engineer to the satisfaction of the Planning Authority prior to construction work commencing on site.

Reason: In the interests of the environmental amenity of the area. 8. 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. 9. 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 said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

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

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

10. That the SUDS compliant surface water drainage scheme approved in terms of Condition 9 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.

11. That details of the proposed gabion basket retaining structure to the rear of plot 4 shall be

submitted to and approved in writing by the Planning Authority prior to the commencement of construction works and shall be implemented to the satisfaction of the Planning Authority prior to the occupation of the dwelling on plot 4.

Reason: To ensure the satisfactory provision of the retaining structure in the interests of

residential amenity and public safety.

12. That before the development hereby permitted starts, unless otherwise agreed in writing with the

Planning Authority, full details of the design and finish materials to be used in the construction of the streets, footways, junctions, parking courtyards and driveways, shall be submitted to and approved in writing by the Planning Authority.

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

appropriate for the site. 13. That no dwelling hereby permitted shall be occupied until the street and footway adjacent to it

have been constructed to basecourse standard and the street and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 14. That before the last of the dwellings hereby permitted is occupied, all streets, footpaths, footways

and manoeuvring areas shall be completed to sealed final wearing course. Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.

15. 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. Background Papers: Consultation Responses: The Coal Authority received 11th May and 9th August 2018. Scottish Water received 2nd May 2018. Scottish Environment Protection Agency received 30th April 2018. NLC Protective Services (including Pollution Control) received 3rd May and 13th November 2018. NLC Education received 25th October 2018. NLC Traffic & Transportation received 21st June, 21st September and 12th November 2018. Contact Information: Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500 Report Date: 29th November 2018

APPLICATION NO. 18/00643/FUL

REPORT 1. Site Description

1.1 This application seeks consent for the development of 22 detached dwellings on the site of

the former Harrison Field textile factory at Martyn Street in Airdrie. The factory building has been demolished and the site cleared. The site is bounded to the north by Kippen Street, to the south by Victoria Place, to the west by a call centre and to the east by Martyn Street, which also serves as the vehicular access point.

1.2 The site is rectangular covering approximately 9,914 square metres and forms a relatively flat

platform which sits approximately 1.5 metres below Martyn Street and approximately 2 metres above the call centre site to the west. The site lies in a predominantly residential area with the exception of the call centre to the west. Five storey pedestal flats lie beyond the northern boundary on the northern side of Kippen Street. Mature trees and planting runs along and outwith the western boundary of the site forming a buffer between the site and the call centre to the west. A mixture of traditional and modern 1 and 2 storey dwellings run along the eastern side of Martyn Street with relatively recent 2 storey residential developments to the south of the site.

2. Proposed Development 2.1 The proposed development is for the construction of 22, 2 storey detached, 4 bedroomed

dwellings accessed from Martyn Street, 25 metres from the roundabout at the junction of Victoria Place and Martyn Street. The proposed layout introduces traditional street fronting onto the western side of Martyn Street with plots16 to 21 having direct vehicular access onto Martyn Street. The rest of the proposed dwellings are served by a meandering central access road and turning area with associated visitor parking bays which complies with the principles of Designing Streets. Due to the change in levels on the western boundary of the site a gabion basket retaining structure is proposed for the southwestern boundary of plot 4.

2.2 The proposed dwellings are traditionally proportioned dual-pitched roofs and finished in a

mixture of off-white roughcast, red facing brick grey roof tiles. The proposed windows are traditionally detailed 4 over ones. A variety of house types are proposed with the same palette of materials and all with integral garages.

2.3 The original proposal was for 23 dwellings but this has subsequently been reduced to 22

dwellings as a result of design refinement negotiations in order to meet ‘Roads’ standards and the principles of ‘Designing Streets’.

3. Applicant’s Supporting Information 3.1 A Planning and Design Statement has been submitted in support of the proposal. The

statement puts forward that the proposal is a beneficial re-use of a brownfield former factory site. Also that the sympathetic design of the layout and house types will enhance the surrounding residential area.

4. Site History 4.1 The site was formerly occupied by Bannerman’s shirt factory and then by Harrison Field

Textile factory before its closure and the demolition of the factory. 5. Development Plan

5.1 The site is zoned for industry, Policy EDI A1 in the North Lanarkshire Local plan which

reflected its previous use. However, the site is identified as a residential development site in the emerging local plan which reflects the transitional nature of the site and surrounding area going from industrial to residential uses. The emerging Local Plan identifies the site within the General Urban Area where residential development is acceptable in principle.

6. Consultations

6.1 The Coal Authority originally objected to the proposal but withdrew their objection on the basis

of the findings of the Coal Mining Risk Assessment that was submitted. Scottish Water has expressed no objections to the proposal and standard comments were received by SEPA.

6.2 NLC Protective Services (including Pollution Control) has recommended that a

comprehensive site investigation and any identified remediation is carried out prior to commencement of construction works. Protective Services also confirmed that no Noise Impact Assessment is required as the adjoining premises is a call centre that would not generate industrial type noise.

6.3 NLC Education has requested that a developer contribution of £52,618.26 is made, which

would be facilitated through a Legal Agreement, in order to alleviate capacity pressures within the catchment area in terms of both denominational and non-denominational primary schools. The applicant has agreed to make this contribution through the completion of a Legal Agreement.

6.4 NLC Traffic & Transportation has confirmed that the final amended layout and associated

Street Engineering Report are acceptable to Transportation in terms of road safety, design, final adoption and comply with the principles of ‘Designing Streets’.

7. Representations 7.1 One letter of objection has been received from a nearby resident on the grounds that the

proposed vehicular access to the site is too near to the roundabout to the south and also that the houses proposed fronting onto Martyn Street will require regrading levels work which would generate heavy lorry traffic and cause parking problems for existing residents and there is no provision for play areas within the site and also the development of the site will result in a loss of a dog walking site. The objector also expressed concerns regarding noise and disruption caused by construction activity.

8. Planning Assessment

8.1 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.

8.2 Although the application site is not zoned within an established residential area, the principle

of residential development is considered to be acceptable. The site is industrially zoned within the North Lanarkshire Local Plan which reflected the former factory operation which previously occupied the site. However, in the Council’s emerging Local Development Plan the site is identified as being within General Urban Area where residential development is acceptable in principle.

8.3 In this case, in principle, residential development is appropriate to the surrounding residential

area provided that it does not significantly impact on residential amenity. 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.

8.4 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. In particular with regard to Education provision, it is considered that this can be addressed through the appropriate legal agreement.

8.5 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, adequate parking and reasonable amenity planting around the southern and western boundaries. In terms of design, the proposed dwellings are of a similar design to surrounding dwellings and the overall layout, as amended, complies with council standards and is acceptable in terms of complying with the principles of ‘Designing Streets’. It is further considered that the layout is of a quality that will enhance the surrounding residential amenity particularly with regard to the proposed traditional street fronting element onto Martyn Street. Also the development will remove an unsightly derelict/brownfield site adjacent to residential areas which will also be of general benefit.

8.6 With regard to the points of objection, these can be addressed as follows :-

The proposed vehicular access to the site is too near to the roundabout to the south. Response – The proposed vehicular access has been positioned further away from the roundabout, through amended drawings, Traffic and Transportation has no objections.

The houses proposed fronting onto Martyn Street will require regrading levels work which would generate heavy lorry traffic and cause parking problems for existing residents. Response – It is recognised that some regrading works will be required which will form part of general construction activity, which is regulated through separate Public safety/Environmental Health legislation.

No provision for play areas within the site. Response – The development is not of a scale that would merit such provision.

The development of the site will result in a loss of a dog walking site. Response – This was an informal unauthorised activity and there adequate alternative and safer walking options.

Concerns regarding noise and disruption caused by construction activity. Response – As previously stated, construction activity, is regulated to sociable acceptable limits through separate Public safety/Environmental Health legislation.

9. Conclusions 9.1 It is therefore considered for the above reasons that the proposed development as amended

is acceptable in policy terms and will enhance the residential amenity of the surrounding area. This application is therefore recommended for approval subject to the imposition of appropriate planning conditions and the satisfactory conclusion of the required legal agreement.

9.2 If minded to grant, planning permission should not be issued until the required legal

agreement covering education contributions has been concluded.

Application No: 18/01529/FUL

Proposed Development: Change of Use Retail Unit to Restaurant with Takeaway Facility (including external Flue).

Site Address: 95 Brandon Parade South Merry Street Motherwell ML1 1RB

Date Registered: 23rd October 2018

Applicant: Saash Food Ltd 95 Brandon Parade South Motherwell ML1 1RB

Agent: David Jarvie 27 Aytoun Road Pollokshields Glasgow G41 5HW

Application Level: Local

Contrary to Development Plan: No

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

Representations: No representations received.

Recommendation: Approve subject to condition

Reasoned Justification:

The proposal complies with policies RTC 1A (Town Centres), RTC 3 B (Bad Neighbour

Development) and DSP4 (Quality of Development) in the adopted North Lanarkshire Local

Plan. The proposal is considered to be acceptable and the proposal will not detract from the

amenity of the application site or the surrounding town centre area. The impact on

neighbouring properties is considered to be acceptable.

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: 18/01529/FUL Name (of applicant): Saash Food Ltd Site Address: 95 Brandon Parade South Merry Street Motherwell Development: Change of Use Retail Unit to Restaurant with Takeaway Facility (including external Flue).

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

shall be implemented in accordance with the drawings: - site plan 26119/5, 26119/2 and 26119/5.

Reason: To clarify the drawings on which this approval of permission is founded. 2. Noise associated with the completed development (from ventilation systems including any

extract ventilation systems, refrigeration/air conditioning plant) shall not give rise to a noise

level within the nearest noise sensitive property (when assessed with a ‘-10dB’ attenuation for

an openable window) in excess of the equivalent of Noise Rating Curve (NRC) 35(1) between

07:00 hours and 22:00 hours and NRC 25(1) at all other times.

(1) The Noise Rating Curve values are contained within Table B.1 of Annex B of British Standard BS8233:2014.

Reason: To ensure that the noise associated with the ventilation system will be within

acceptable limits in the interests of amenity. 3. All mechanical ventilation and or air conditioning plant shall be suitably isolated from the

structure of the building. Fan units positioned in a ducted system shall be isolated from the ducting by means of flexible connections with installation to be carried out by a suitably qualified contractor.

Reason: To ensure that the noise associated with the ventilation system will be within

acceptable limits in the interests of amenity. 4. That the ventilation system including flue arrangement as approved under Condition 3 above

shall be installed prior to the implementation of the use hereby approved. Reason: To ensure that the premises are provided with an adequate ventilation/extraction system, as required, in the interests of amenity.

Background Papers: Consultation Responses: Environmental Health (including Pollution Control) memorandum received 26th October 2018 Contact Information: Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632500 Report Date: 27th November 2018

APPLICATION NO. 18/01529/FUL

REPORT 1. Site Description

1.1 The unit forms part of the Brandon Parade Shopping Centre located on Brandon Parade

South within Motherwell Town Centre. The unit is bounded by other commercial properties

within an existing 60s style mega structure which is pedestrianised and open at ground level

and enclosed on the upper level. This area is structure multi-purpose civic, commercial and

retail. The property is over two levels, contemporary forming a retail unit within this civic

commercial and shopping centre within Motherwell Town Centre.

2. Proposed Development

2.1 The proposed development principally includes changes to the use of the site to form a

restaurant (Class 3 food and drink, use for the sale of food and drink for consumption on the

premises). The applicant also proposes hot food use ancillary to the restaurant (Sui Generis).

No changes to shop front signage have been proposed with this application. As such, any

changes to shop front signage which will be subject to the requirements of a separate

advertisement consent. Internal alterations and extraction, ventilation, flue system are

proposed.

3. Applicant’s Supporting Information

3.1 The applicant has not submitted any additional supporting information.

4. Site History

4.1 The site has no significant planning history.

5. Development Plan

5.1 In terms of the adopted North Lanarkshire Local Plan, the site being located within

Motherwell Town Centre which is covered by Policy RTC 1A (Town Centres in the North

Lanarkshire Local Plan. Policy RTC 1A seeks to protect town centres and identifies

appropriate uses. Assessment of hot food take away is assessed under Policy RTC 3 B

(Bad Neighbour Development).Potential impact on the surrounds is considered under DSP

4 Quality of Development.

6. Consultations

6.1 The following consultee provided comment;

Protective services

Comments were provided construction working hours during refurbishment and construction

practice, lighting from development, sound transmission within the building, environmental

noise, and odour.

7. Representations

a. Following an advert in the local press and the notification procedure no letters of

representation were received.

8. Planning Assessment

a. This application seeks planning permission for the change of use of the unit to a restaurant

(class 3) with a hot food takeaway (Sui Generis) element. Alterations will be internal with no

external changes to the shop front proposed with this application.

b. In terms of assessment, Section 25 of the Town and Country (Scotland) Act 1997 states

that planning applications should be assessed in terms of the appropriate local plan policies

unless other material considerations indicate otherwise.

c. The application site is located in an area covered by Policy RTC 1A (Town Centres) in the

North Lanarkshire Local Plan, where the Council will seek to protect the network of centres

as the continuing focus of retail and identifies appropriate use classes subject to

assessment of the impact on amenity and provision of servicing and parking. The

restaurant element of the proposal is acceptable in principle i.e. Class 3 food and drink, use

for the sale of food and drink for consumption on the premises. The proposed hot food use

is also an acceptable town centre use, in this example being ancillary to the main

restaurant strengthens its acceptability. Overall the proposed development is in accordance

with the policy RTC 1A (Town Centres) in the North Lanarkshire Local Plan.

d. In considering Policy RTC 3 B (Bad Neighbour Development) the proposal will not result in

a significant detrimental impact on the surrounding properties, the overall appearance of

this property or the wider town centre. Given the foregoing it is reasonable to conclude that

the proposal complies with Policy RTC 3 B (Bad Neighbour Development) in the North

Lanarkshire Local Plan.

e. In considering policy DSP 4 (Quality of development) parts have been taken into account,

Part 3(b) providing a safe, inclusive and welcoming development the application site forms

a section of a pedestrianised shopping commercial area with unallocated parking provision

being attached for the use of shoppers. In that respect no alterations to access or parking

arrangements are proposed for this existing unit within the commercial centre.

Part 3(f) integrating well into the local area and avoiding harm to the neighbouring amenity

by relating well to the existing context avoiding adverse impact on existing properties. The

restaurant with take away is situated within the commercial area of the town centre where

you would anticipate this type of development, indeed the neighbouring use is a class 3

café/restaurant with take away facility. The flue and extraction is sympathetically positioned

to minimise the impact on existing amenity levels. Overall, the proposal will not result in a

significant detrimental impact on the surrounding properties, the overall appearance of this

property or the wider town centre. It is therefore compliant with policy DSP 4.

9. Conclusions

9.1 It is therefore considered that the proposal complies with the relevant local plan policies. As

such, this application is recommended for approval.