Application No:
Proposed Development:
11/01227/FUL
Removal of 7000 Tons of Tipped Material and Remediation of
Affected Area, FormingAccess TracWRoad to Site
Site Addrese:
Land to North West of Branchal Cottages
Branchal Road
Cambusnethan
Wishaw
ML2 8QG
Date Registered:
31st October 201 I
Applicant:
Advance Oonstruction Ltd
Caldergrove House
Caldergrove
Blantyre
G72 8YA
Agent:
Dalziel Design
Walter Struthers
Motherwell Business Centre
136 Coursington Road
Motherwell
ML1 1PW
Application Level:
Local
Contrary to Development Plan:
Ward:
019 Murdostoun
Alan Clinch, Robert McKendrick, Nicky Shevlin,
John Taggart,
Representations:
1 letter of representationreceived.
Recommendation:
No
Approve Subject to Conditions
Reasoned Justificatlon:
The proposed removal of tipped material and remediation of the site meets the criteria set out
in the relevant policles contained within the Southern Area local Plan 2008 and the Finalised
Drafl North Lanarkshire Local Plan. The impact of the proposed development is considered
acceptable and the development can be accommodated at this location without detriment to
the surrounding area.
Proposed Conditions:.
1.
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.
2.
That the development hereby permitted shall not start until a Notice of Initiation has
been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006
3.
That within 4 weeks of the development hereby permltted being completed a Notice of
Completion shall be submitted to the satisfactionof the Planning Authority.
Reason: To monitor the development, to enable the Planning Authority to retain
effective control.
4.
That except as may be otherwise agreed in writing by the planning Authority, the
development shall be implemented in accordance with the plans stamped approved as
part of this permission.
Reason: To clarify the drawings on which this approval of permission is founded.
5.
The prior to the works starting on site a chartered environmental consultant shall be
appointed to provide a watching brief throughout the removal works as outlined in
section 13.3 of the IKM Consulting Site Investigation Report commissioned by Levy
and McRae (referenced 13220) dated March, 2012 and within 4 weeks of the waste
material having been entirely removed from the site, a validation report authorised by
the consultancy which undertook the watching brief throughout the removal works,
requires to be submitted to the Planning Authority to satisfy the Planning Authority that
the tipped material has been removed.
Reason: To ensure that the site is free of contamination in the interests of the amenity
and wellbeing of future residents.
6.
That before the development hereby permitted starts, tree protection measures in
accordance with BS 5837 shall be erected along the drip line of the trees on the
western and southern boundarles of the site, and shall not be removed without the
approval in writing of the Planning Authority.
Reason: To maintain the contribution of existing trees to the landscape quality of the
area and to ensure that the trees on the southern, western and northern boundaries are
protected during the works.
7.
That prior to any works starting on site full details of the provision for wheel cleaning
facilities to be used on site shall be submitted to and approved in writing by the
Planning Authority and the approved wheel cleaning facilities shall be installed and
retained throughout the duration of the works hereby permitted. The surfaced access
road within the site must be swept/ washed as required in order to ensure that no debris
from the site is carried onto the public highway.
Reason: To prevent mud or deleterious material being carried onto public roads to the
detriment of road safety.
8.
That all loaded lorries leaving the site, except for vehicles less than 3.5 tonnes gross
weight shall be adequately sheeted to secure their loads to the satisfaction of the
Planning Authority.
Reason: To minimise dust emissions from the site.
Q.
That all loads shall be trimmed prior to leaving the site in order to avoid any spillage of
material on public roads.
Reason: In the interests of public safety and to prevent deleterious material being
carried onto the highway.
10.
That all precautions should be taken to minimise noise from vehicles and machinery
and, in particular, efficient silencers shall be fitted to, and used by, all vehicles, plant
and machineryon site.
Reason: To minimise noise nuisance emanating from the operations.
11.
That operations authorised by this permission, including Heavy Goods Vehicles
entering or leaving the site, shall be restricted to the following specified times; with the
exception of public holldays when no working shall take place;School Summer Holidavs 2QihJune 2012 to Mondav 13thAuaust 2012:
Monday to Friday 8:OO am to 5:OOpm
School Term Time:
Monday to Friday 8:Wam to 5:OOpm with no HGV activity on Branchal Road from
8:30am to 9:15am and 2:30pm to 3:30pm.
Reason: To safeguard the amenity of neighbouring residents and to minimise the
impact on the adjacent primary school.
12.
That prior to the commencement of development a joint road condition survey shall be
carried out between the applicant, and North Lanarkshire Council. Following completion
of works a second road condition survey shall be carried out with any identified failures
of the carriageway agreed and carried out by the applicant.
Reeson: In the interest of road safety.
Backaround Pa~ers:
Representation Letters
Email from Councillor John Taggart received on the 17thNovember 2011.
Consultatlon Responses:
Memos from Transportation received 24'h January and 2"6 May 2012
Memos from Protective Services received 1 June 2012
Letter from Scottish Envlronment Protection Agency received 25'h November 201 1
Contact Informatlon:
Any person wishing to inspect these documents should contact Mr Fraser Miller at 01236
632503
Report Date:
13* June 2012
APPLICATION NO. 11/01227/FUL
REPORT
1.
1.1
The application site is part of the former Branchal Colliery and extends to 0.55
hectares, it is situated to the north and west of Branchal Cottages, Branchal Road,
Wishaw. The application site was formerly open grassland with low level shrubs and
was cleared a few years ago in preparation for construction work. The site is bounded
by a substantial grouping of trees on the south western and northern boundaries and
a linear grouping of trees running the length of the western boundary. A Site of
Importance for Nature Conservation adjoins the northern and western perimeter of
the site. Open grassland bounds the site to the east with dwellings being located to
the south west and south east of the application site, beyond the grouping of trees.
2.
-sed
2.1
Planning permission is sought for the removal of approximately 7000 tons of tipped
material, the formation of an access track and for the re-grading of the land back to its
former levels, The imported material on the site ranges from depths of 0.2 metres to
1.2 metres and was deposited in January/February 2011 without the benefit of
planning permission. The applicant has indicated that the anticipated timescales for
the removal of the material is between 2-3 weeks with a total of 277 vehicle trips
associated with the removal of the material, The material is to be taken to an
appropriate licensed tip and the hours of operation of the works are Monday to Friday
8:OOam to 5pm. The applicant has confirmed that all vehicle wheels will be cleaned
prior to joining the public road network and that all works are to be completed in
accordance with the Site Investigation dated March 2012 prepared by Levy and
McRae.
3.
qtbPLicant’s SUDDOrtina Information
3.1
The applicant has submitted plans detailing the original site levels prior to the
importation of the material, plans showing the site levels following the depositing of
the material and finalised contour plans showing remediation. In addition a Site
Investigation and Transportation Strategy have been submitted in support of the
application.
4.
Site History
4.1
S/98/0076O/OUT Residential development on land to the north and west of
Branchal Cottages Granted 18th August 1998 (Now expired)
4,2
S/04/00270/OUT Residential development on site of Branchal Cottages and land to
Refused 12th
the north and west forming part of the former Branchal Colliery
December 2005
4.3
08/0067O/FUL Residential Development Comprising 28 Plots and Formation of
Associated Access Roads and Footpaths on land at Branchal Road, Wishaw
approved 13‘h November 2008.
peveloDment Plaq
5.
Development
-
-
-
-
5.1
The site is zoned as HSG2 (Housing Development Opportunities) in the Southern
Area Local Plan 2008.
5,2
The application site is zoned as HCFPA Sites for Short Term Housing Development in
the Finalised Draft North Lanarkshire Local Plan.
6,
6.1
Transportation have advised that unrestricted HGV movements between 8:OOam and
5:OOpm would only be acceptable during school summer holidays. During term time it
is recommended that there should be no HGV activity from 8:30am to 9:15am and
2:30pm to 3:30pm. Comments have also been made in connection confirmation of
the route to be used to export the material to a licensedfacility for deposit.
6.2
Protective Services have raised no objections to the removal of the material on site,
subject to the works being carried out in accordance with the Site Investigation dated
March 2012 prepared by Levy and McRae and subject to the submission of a
validation report confirmhg that the remediation works have been carried out.
Comments have also been received in connection with the use of covers of vehicles
leaving the site, the control of dust, hours of operation and noise from vehicles at the
site.
63
SEPA have raised no objections to the proposed development.
7.
7.1
Following the standard neighbour notification process and newspaper advertisement,
one letter of representation has been received from Councillor Taggart, The letter
requests that a Site Visit and Hearing be carried out prior to the determination of the
application on the grounds that there are serious concerns over the application and to
make Committee aware of the ongoing civil litigation concerning the appllcation site.
8.
-a
8.1
In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997,
planning decisions must be made in accordance with development plan unless
material considerations indicate otherwise. The application raises no strategic issues;
it can therefore be assessed In terms of the local plan policies. In the adopted
Southern Area Local Plan 2008 the site is covered by policy HSG2 (Housing
Development Opportunities). Policies ENV5 (Assessment of Environmental Impact)
and TR13 (Assessing the Transport Implicationsof Development) are also relevant to
this development,
Assessment
p,doDted Local Plaq
8,2
Policy HSG2 states that the Council will actively support and where appropriate
release sites identified in Schedule HSG2 for residential development. The current
planning application seeks to remove the material that was deposited on the site and
restore the site back to the existing 2008 levels. The proposed works will enable the
approved residential development to progress. Therefore taking into account the
previous planning approvals for this site, in combination with the land use zoning of
the site, it is considered that the principle of the development to allow the residential
development to progress is acceptable.
8.3
Policy ENV 5 (Assessment of Environmental Impact) requires assessment of the
impact of the proposed development on the environment by addressing criteria which
include: suitability of the proposal to the character of the area in which its set,
landscape and visual impact, extent of traffic generation, noise, dust, pollution, flood
risk and loss of natural habitats and protected species. In this instance, the
development, subject to conditlons to control hours of operation, noise and the
provision of wheel cleaning is acceptable. The works will not adversely affect the
character of the area or have any significant long term visual impact on the
landscape. Whilst additional traffic will be present during the operations to remove the
material, the applicant has confirmed a timescale of 2-3 weeks for the completion of
the works, In terms of flood risk, it is noted that SEPA have raised no concerns. Two
dwellings are located in the immediate locallty, however given the temporary nature
of the works and the methodology proposed for the removal of the material in the
submitted Site Investigation it is considered that the impact on the amenity of the
surrounding area will be minimal. There is considered to have been no overriding
adverse impact on natural habitats given the distances of the material that has been
deposited to the adjacent SINC. The trees on the periphery of the site are not to be
effected by the development however, it is considered appropriate to ensure that tree
protection measures are installed prior to the start of works on site. It is therefore
considered that subject to the recommended conditions the proposal complies with
the relevant criteria contained in Policy ENV 5.
8.4
Policy TR13 requires assessment of the proposal against various criteria including:
the level of traffic generated and its impact on the road network and provisions made
for access, parking and vehicle manoeuvring. As detailed in paragraph 6.1 above,
Transportation have raised no objections to the application. Comments have been
provided in regards to the timing of the operations in connection with School
Holidays. The applicant has confirmed that works would be able to progress within
the School Holiday period, however conditions are recommended restricting hours of
operation in case works do not fall within the school holidays and to ensure that
works do not start on site prior to 8:OO am in order to protect the amenity of the
adjacent dwellings. Suitable planning conditions are proposed to ensure that wheel
cleaning facilities are provided on site prior to vehicles entering the public road
network. Planning conditions cannot be used to control the route of vehicles using the
site, however a condition is recommended requiring a joint survey of the condition of
the public road as requested by Transportation. The works are therefore considered
to be acceptable and comply with the criteria contained in Policy TR 13,
Finalised Draft North Lanarkshire Local Plan
83
The application site is zoned as HCFPA Sites for Short Term Housing Development in
the Finalised Draft North Lanarkshire Locai Plan. The principle of a residential
development on the site has been established through the approval of the 2008
planning permission and the current application shall enable the residential
development to progress. It is considered that appropriate measures to minimise the
impact on neighbouring residential properties can be suitably controlled through
appropriate planning conditions. The development is considered to accord with policy
HCF2A.
8.6
The FDNLLP also requires proposed developments to be assessed against policies
DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4
(Quality of Development). The development accords with policy DSP 2 in that the
development is located with a site identified for housing and the removal of the
material will ensure that the approved residential development can progress on site.
Furthermore the re-grading works can be completed without significant detriment to
the site and overall area. The proposals are considered to accord with policy DSP 3
as the impact of the development is considered acceptable With respect to policy
DSP 4, it is considered that the removal of the deposited material will enable the
approved residential development to progress on site and, as such the development
is considered to accord with policy DSP 4. As such, the proposal accords with the
emerglng local plan.
Consultations:
8.7
With regard to the consultation response from Protective Services, a suitable
planning condition is recommended to ensure that verification that the removal of the
material has been completed is supplied by a suitably qualified source. In relation to
the response received from transportation, suitable planning conditions are proposed
in connection with hours of operation, a pre start survey of the public road and
measures to ensure that debris is not carried on to the public road.
8.8
In terms of representation received, I would advise that the impact of the
development has been assessed in paragraphs 8.2 to 8.6 above where it is
concluded that the short term impact of the development is acceptable subject to the
application of appropriate planning conditions. The on going civil litigation is not a
material planning consideration.
9
Conclusiow
9.1
in conclusion, the development is considered to comply with policies HSGP, ENVS
and TR 13 of the Southern Area local Plan 2008 and the relevant policies contained
within the Finalised Draft North Lanarkshire Local Plan. The impact of the proposed
development is considered acceptable and subject to the recommended conditions
the works shall not be to the detriment of the surrounding area. The application is
therefore recommendedfor approval subject to conditions.