Cavalry Park - Response to the Planning Application and Committee Report

Note: document scanned from a pdf format committee report available from NLC website as part of a 390 page, 20 megabyte download. Some slight typos, numbering and format errors have not been corrected.

North Lanarkshire Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

Planning Applications for consideration of Planning and Environment Committee

Committee Date : 4 February 2004

Application No: 30 N/03/01508/FUL

Date registered:   9th October 2003

 

APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 4 FEBRUARY 2004

 

Construction of 156 Dwellinghouses and Associated Roadworks -

Location: Colzium, (Cavalry Park), Stirling Road Kilsyth

 

Applicant: George Wimpey West Scotland

Trident House

Renfrew Road

PaisIey PA3 4EF

Ward 66:             Banton and Kilsyth East             Councillor Tom Barrie

Grid reference: 272790678305

Site history: N/98/00808/FUL : Residential Development (189 Dwellinghouses)

Refused 13th January 1999

Development Plan: The site is covered by Green Belt policies in the Kilsyth Local Plan 1999

Contrary to Development Plan: Yes

Consultations:

NLC Community Services (Comments)

NLC Education (No Objection)

Scottish Natural Heritage (Comments)

West Of Scotland Archaeology Service (Comments)

S.E.P.A.(West) (Comments)

Scottish Water (Comments)

The Coal Authority (Comments)

British Waterways (Comments)

The Garden History Society (Objection)

Representations: 262 Representation Letters

Newspaper Advertisement: Advertised on 22nd October 2003

Comments: The application is for the construction of 156 dwellinghouses on a 11.6 hectare site at Cavalry Park by Colzium, Kilsyth. In response to a Structure Plan requirement for additional housing land to meet a perceived conurbation housing shortfall, North Lanarkshire Council has determined (through a process known as the Interim Housing Land Statement (IHLS)) that the Cavalry Park site is potentially suitable for housing.

(Site map included at this point)

There have been a significant number of letters of objection. Key points of objection relate to the development being contrary to the Green Belt designation of the site and National Planning Guidance, the claimed flawed nature of the IHLS process, an adverse effect on Colzium House and Colzium Lennox Estate, flood risk to proposed residents on the site and to downstream properties, sub-standard development proposals and an adverse effect on local ecology.

With respect to the development plan, it is noted that the site is covered by Green Belt policies in the Kilsyth Local Plan which presumes against new residential development. The proposal is however considered to be an appropriate departure from the Structure Plan in that it addresses an identified housing shortfall. The identification of the site as having potential for housing through the IHLS process is a material planning consideration, with it being noted that this is the most up to date expression of North Lanarkshire Council policy with regards to development of the site.Development proposals comply with the recommendations of a flood risk assessment. As such there is no over-riding flood risk on the site or increased flood risk downstream.

The site is not part of the Colzium Lennox Estate and is not considered to have any significant landscape distinction. It is recognised, however, that its position adjacent to the Colzium Lennox Estate and directly in front of Colzium House means that the residential development will have an effect on the setting of the Estate and Colzium House. The site has only limited ecological value. Ecological mitigation measures are built into the development proposals by having a wide nature conservation area corridor running alongside both banks of the Ebroch Burn and the retention of a significant area of wetland at the south west corner of the site.

Layout proposals have been negotiated through a pre-application master-plan submission which seeks to provide a development of high standard which compliments important natural features on the site and on adjacent land. In this respect, the Ebroch Burn is an important part of the development proposal, there is compensatory landscaping at key parts of the site, an area of wetland is retained and housing fronts on to Stirling Road. It is accepted, however, that, due to conflicting requirements which have emerged through the processing of the application, certain master-plan aspirations have not been fully met through the development proposal.

Taking all matters into account, it is considered that this is a suitable residential development site and that the Colzium Lennox Estate will provide a satisfactory new Green Belt boundary. Development proposals are satisfactory, and it is recommended that planning permission be granted.

It should be noted that there has been a request that the Committee undertake a site visit and hearing prior to the determination of the application.

Recommendation: Grant Subject to the Following Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of amenity by ensuring that the external materials are appropriate for the site and the general area.

3. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

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

4. 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 any footpath links, earth moulding and hard landscaping, grass seeding and turfing; this scheme shall include a footpath link alongside the Ebroch Burn and soft engineering profiles for the altered Ebroch Burn;

(b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; this scheme shall include hedging along the Stirling Road frontage and alongside the western right of way, landscaping within the Ebroch Burn overspill channel, landscaping within the attenuation areas, landscaping within the marshland open area, footpath links along the Ebroch burn and landscaping within all such areas indicated in the approved layout plan;

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

(d) details and full schedules of habitat creation and restoration;

(e) details of the phasing of these works.

Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and the general area.

5. That within one year of the occupation of the first dwellinghouse hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of Condition 4 above, shall be completed and 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: In the interests of amenity by ensuring that landscaping is appropriate for the site and the general area.

6. That before the development hereby permitted starts, a scheme, for the provision of an equipped play area within the application site shall be submitted to, and approved in writing by the Planning Authority, and this 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.

Reason: In the interests of residential amenity by ensuring that play area provision is appropriate for the site.

7. That before occupation of the last 5 dwellinghouses within the development hereby permitted, all the works required for the provision of equipped play area(s) and, included in the scheme approved under the terms of condition 6 above, shall be completed.

Reason: In the interests of residential amenity by ensuring that play area provision is appropriate for the site.

8. That before the development hereby permitted starts, a management and maintenance scheme for landscaped areas, open areas, footpaths and the play area shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of residential amenity by ensuring that landscaped areas, open areas, footpaths and the play area are appropriately maintained.

9. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 8 shall be in operation.

Reason: In the interests of residential amenity by ensuring that landscaped areas, open areas, footpaths and the play area are appropriately maintained.

10. That before the development hereby permitted starts, full details of flood risk management proposals (in accordance with the recommendations of the Flood Risk Assessment dated October 2002 by Dr John Riddell) shall be submitted to, and approved in writing by the Planning Authority; approved flood risk management proposals shall thereafter be incorporated into the development proposals; for the avoidance of doubt the approved flood risk management proposals shall supersede layout details in approved plan reference AL(0)02/G.

Reason: In the interests of public safety and wellbeing by ensuring that the site will not flood and flood risk downstream will not be worsened up to a 0.5% annual storm event.

11. That prior to any works commencing, full details of the location and design of the surface water drainage scheme shall be submitted, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency principles of Sustainable Urban Drainage Systems.

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage scheme complies with the latest SEPA guidance.

12. That before the development hereby permitted starts, a full site investigation survey (in accordance with the British Standard Code of Practice BS10175: 2001), a noise impact assessment (in accordance with PAN 56 - Planning & Noise) and an archaeological assessment from an approved consultant (incorporating and field evaluation in accordance with the requirements of North Lanarkshire Council and West of Scotland Archaeology Service) shall be submitted to and approved in writing by the planning authority; approved survey recommendations shall be incorporated into development proposals.

Reason: In the interests of amenity, public wellbeing and local archaeology by ensuring that the development pays due regard to these issues.

13. That before the development hereby permitted starts, full details of the road bridge size and profile shall be submitted to, and approved in writing by the Planning Authority; the bridge shall be sized and profiled to meet flood prevention and nature conservation requirements.

Reason: In the interests of road safety and nature conservation by ensuring that the road bridge over the Ebroch Burn is large enough and is suitably profiled.

14         That integral garages shall not be altered for use as habitable rooms without the prior approval of the Planning Authority.

Reason: In the interests of amenity and road safety by ensuring that there is satisfactory alternative parking.

15         That roads and junctions shall be to the full satisfaction of North Lanarkshire Council as Roads Authority.

Reason: In the interests of road safety by ensuring that roads and junctions are to an appropriate standard.

16         That before the development hereby permitted starts, full before and after cross sections and I or site levels shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of amenity and the proper planning of the area by ensuring that ground levels are appropriate for the site and the general area.

17         That the north I south running right of way at the west of the site shall be kept open at all times during and after construction works.

Reason: In the interests of pedestrian access to adjoining areas.

NOTE TO COMMITTEE

If granted, this application will require to be referred to the Scottish Ministers in accordance with the Town & Country Planning (Notification of Applications) (Scotland) Direction 1997.

 

Background Papers:

Application form and plans received 9th October 2003

Memo from NLC Community Services received 18th December 2003

Memo from Director Of Education received 17th October 2003

Letter from Scottish Natural Heritage received 17th December 2003

Letter from West Of Scotland Archaeology Service received 17th November 2003

Letter from S.E.P.A.(West) received 3rd December 2003

Letter from Scottish Water received 6'h November 2003

Letter from The Coal Authority received 15th October 2003

Letter from British Waterways received 13th November 2003

Letter from The Garden History Society received 15th December 2003

Letter from Tom & Anne Murphy,96 Stirling Road, Kilsyth, G65 OHY received 15th January 2004.

Letter from Mr David Clelland,"Stafainn", 88 Stirling Road, Kilsyth, G65 OPT received 23rd October 2003.

Letter from Mr John Stark,3 Monieburgh Road, Kilsyth, G65 OJB received 23rd October 2003.

Letter from Jane Hossack,78 Stirling Road, Kilsyth, G65 OPT received 27th October 2003.

Letter from Linda Bester,3 Reilly Court, Croydon South Victoria, Australia 31 36 received 27th October 2003.

Letter from Mr Brian Taylor,65 Arden Grove, Kilsyth, G65 received 27th October 2003.

Letter from Christine Ross,436 Chandler Street, Worcester, MA 01 602, USA received 27th October 2003.

Letter from Ms E Spence,46 Chestnut Avenue, Abronhill, Cumbernauld, G67 3NS received 28th October 2003.

Letter from Mrs A McNeil, l5 York Road, Titirangi, Aukland, New Zealand received 29th October 2003.

Letter from Mr George Marshall,6 Watson Crescent, Kilsyth, G65 OEL received 30th October 2003.

Letter from Mr Alex G Ross,Flat 1/2 Dawson's Building, 61 Main Street, Kilsyth, G65 OAH received 30th October 2003.

Letter from Mr David Clelland,"Stafainn", 88 Stirling Road, Kilsyth, G65 OPT received 31st October 2003.

Letter from Sarah Phillips,2012 Mercer Circle South, Jacksonville, Florida, USA 3221 7 received 4th November 2003.

Letter from Elizabeth & Jim Campbell,44 Barker Boulevard, Collingwood, Canada, L9Y 4W4 received 4th November 2003.

Letter from Owner/Occupier,38 Arden Grove, Kilsyth received 11th November 2003.

Letter from Edith Bernie,55 Kingsway, Kilsyth received 11th November 2003.

Letter from Owner/Occupier,Neilston Walk, Kilsyth received  11th November 2003.

Letter from Mrs M Ha11,12 Edmonstone Drive, Kilsyth, G65 ODG received 11th November 2003.

Letter from Norman McDonald,26 Murray Avenue, Kilsyth received 11th November 2003.

Letter from Jennifer Armstrong, l9 Stirling Road, Kilsyth received 11th November 2003.

Letter from A Clelland, 39 Rennie Road, Kilsyth, G65 9PQ received  11th November 2003.

Letter from Susan MaClean, Beechwood, Hawk Road, Kilsyth received 11th November 2003.

Letter from Roy Beaton, Beachwood, Nowe Road, Kilsyth, G65 OTA, received 11th November 2003.

Letter from Mary Marklow,23 Graham Place, Kilsyth received  11th November 2003.

Letter from Malcolm McPhater,51 John Wilson Drive, Kilsyth received 11th November 2003.

Letter from Mrs A Wallace,5 Fisher Avenue, Kilsyth received 11th November 2003.

Letter from Janet Marshall,9 Abersrombie Place, Kilsyth, G65 9AW received 11th November 2003.

Letter from Anne HarrowerJ2 Lairds Hill Place, Kilsyth, G65 9EX received 11th November 2003.

Letter from Margaret Horner,l2 Charles Street, Kilsyth, G65 OHE received 11th November 2003.

Letter from Mrs H Robertson,51 Arden Grove, Kilsyth, G65 9LZ received 11th November 2003.

Letter from Mrs L Clelland,122 Rennie Road, Kilsyth, received 11th November 2003.

Letter from J Dunlop,53 John Wilson Drive, Kilsyth, G65 9AT received 11th November 2003.

Letter from A Miller,36 Hillview Avenue, Kilsyth received 11th November 2003.

Letter from Marions Hendry,94 Keloenary, Kilsyth, G65 9UL received 11th November 2003.

Letter from Mary Stevenson,30 Kingston Road, Kilsyth, G65 OHP received 11th November 2003.

Letter from Fleming,l Barrwod Cottages, Stirling Road, Kilsyth received 11th November 2003.

Letter from Dorris Adam,153 Manse Road, Kilsyth received 11th November 2003.

Letter from lan Harrower,l2 Lairds Hill Place, Kilsyth, G65 9LX received 1 Ith November 2003.

Letter from Kilsyth Community Council,C/o Mr Kay, 104 Stirling Road, Kilsyth, G65 OHY received 11th November 2003.

Letter from Owner/Occupier,14 Main Street, Kilsyth received 11th November 2003.

Letter from lan Alexander McMillan,28 Beach Road, Lonbeach, Portchalmers, Dunedin, N2 received 11th November 2003.

Letter from F Stronach, 80A Stirling Road, Kilsyth received 11th November 2003.

Letter from M Gage,23 South Dunbeth Road, Kilsyth received 11th November 2003.

Letter from Agnes MacDonald, 31 Montrose Gardens, Kilsyth, G65 90G received 11th November 2003.

Letter from M McDonald, l20 Ballmalloch Road, Kilsyth received 11th November 2003.

Letter from Jean Forbes,8 Balcastle Gardens, Kilsyth received 11th November 2003.

Letter from lsobel Ross, Flat 1/2, 61 Main Street, Kilsyth, G65 OAH received 11th November 2003.

Letter from Owner/Occupier,Coach Road, Kilsyth received  11th November 2003.

Letter from J Thomson, l3 Watson Crescent, Kilsyth, G65 OEL received 11th November 2003.

Letter from Leslie Hall,l2 Edmonstone Drive, Kilsyth, G65 ODG received  11th November 2003.

Letter from Mr R Harper,97 Rennie Road, Kilsyth, G65 9PF received 11th November 2003.

Letter from Owner/Occupier, Glen Lea, Station Road, Kilsyth, G65 OAB received 11th November 2003.

Letter from Mrs M McCann, 58 Balmalloch Road, Kilsyth received  11th November 2003.

Letter from R Whyte, 7 Fisher Avenue, Kilsyth received 11th November 2003.

Letter from Owner/Occupier,97 Rennie Road, Kilsyth, G65 9PF received 11th November 2003.

Letter from Owner/Occupier,Allanfauld Farm, Kilsyth, G65 9DF received  11th November 2003.

Letter from G Clelland,39 Rennine Road, Kilsyth, G65 9PQ received 11th November 2003.

Letter from Mary Millar,74 Westield Road, Kilsyth received 11th November 2003.

Letter from James Bailie,9 Castlehill View, Kilsyth received 11th November 2003.

Letter from Mr Brian Taylor,65 Arden Grove, Kilsyth, G65 9LZ received 11th November 2003.

Letter from Owner/Occupier,l52 Balmalloch Road, Kilsyth received 11th November 2003.

Letter from Janet Cook,l6 Glasgow Road, Kilsyth received 1 Ith November 2003.

Letter from Lisa Letham,30 Kingsway, Kilsyth, G65 9UJ received 11th November 2003.

Letter from E Whyte,l Findlay Street, Kilsyth received 11th November 2003.

Letter from J Armstrong,l9 Striling Road, Kilsyth received 11th November 2003.

Letter from lsabella Allan,l Kingston Flats, Kilsyth, G65 9DJ received 11th November 2003.

Letter from Mrs S Taylor,65 Arden Grove, Kilsyth, G65 9LZ received 11th November 2003.

Letter from A Sloan,56 Kelvin Way, Kilsyth received 1 Ith November 2003.

Letter from W Moore,lO South Drmubeck Road, Kilsyth, G65 9LX received 11th November 2003.

Letter from Owner/Occupier, 59 Ballmalloch Road, Kilsyth received  11th November 2003.

Letter from R. Sloan, 56 Kelvin Way, Kilsyth received 11th November 2003.

Letter from Owner/Occupier,lOl Backbrae Street, Kilsyth, G65 ONB received 11th November 2003.

Letter from Owner/Occupier, l53 Manse Road, Kilsyth received  11th November 2003.

Letter from Emily Snell,lO Cronulla Place, Kilsyth, G65 OEN received 1 Ith November 2003.

Letter from Owner/Occupier, 53 John Wilson Drive, Kilsyth, G65 9AT received 11th November 2003.

Letter from Malcom,Unkown received 11th November 2003.

Letter from Lorna Longmuir, Unknown received 1 Ith November 2003.

Letter from M Neil,3 Park Avenue, Twecher received 11th November 2003.

Letter from Owner/Occupier, l8 Bridgeburn Drive, Moodiesburn received  11th November 2003.

Letter from Owner/Occupier,57 Calder Avenue, Coatbridge, ML5 4HR received 11th November 2003.

Letter from V Brant,3 Cadder Way, Bishopbriggs, G14 received 11th November 2003.

Letter from Rosina Sneddon,21 Ranfurly Drive, Carrickstone, Cumbernauld, G68 ODR received 11th November 2003.

Letter from J Armstrong,3 Elmwood, Ashoy Village, Ehorley, Lanarkshrie, PR7 1 UU received 11th November 2003.

Letter from John Sneddon,21 Ranfurley Drive, Cumbernauld, received 11th November 2003.

Letter from N Ould,21 Valleybank, Banton, G65 ORH received 11th November 2003.

Letter from Marion Miller,l6 Margaret Avenue, Haggs, FK4 1 HT received 11th November 2003.

Letter from Owner/Occupier,l78 GLenhove Road, Cumbernauld received 11th November 2003.

Letter from Sandra Laird, West Shirva Farm, Twechar, Kilsyth received 11th November 2003.

Letter from Marion Laird, West Shirva Farm, Twechar, Kilsyth received 11th November 2003.

Letter from Hilary Baker, Mid Torrie Farm, Callander, Perthshire, FK17 8JL received 11th November 2003.

Letter from William Townsend,30 Kenilworth Road, Kirktilloch, G66 2DN received 11th November 2003.

Letter from Ken Bowie,20 Heather Gardens, Lenzie, G66 4HL received 11th November 2003.

Letter from Mrs M Howat,20 Milvot Avenue, Condorrat, Cumbernauld received 11th November 2003.

Letter from M Waddel1,Wester Dullatur, Dullatur received 11th November 2003.

Letter from JS Anderson,Kenmore, Feddal Road, Brald, Perthshire, FK15 9RA received  11th November 2003.

Letter from C McCulloch,30 Mailnes Road, Banton received  11th November 2003.

Letter from Agnes Shearer,7 Nellybank, Banton, Kilsyth received 11th November 2003.

Letter from Owner/Occupier,6 Albion Road, London, N16 9PJ received 11th November 2003.

Letter from J Martin,5 Hodley Field, Holbury, Southampton, SO45 1AF received 11th November 2003.

Letter from G Clelland,3 Meadoside Road, Queenzieburn received 11th November 2003.

Letter from G Tobin,27 Edington Gardens, Moodiesburn, G69 OJW received 11th November 2003.

Letter from Owner/Occuppier,67 Highfield Road, Hillend, Kirkintilloch received  11th November 2003.

Letter from I Sinclair,35 Broomfield Walk, Kirkintilloch, G66 3HH received 11th November 2003.

Letter from Owner/Occupier,l 1 Adamslie Drive, Kirkintilloch, G66 1 BN received 11th November 2003.

Letter from J Stuart,l4 Kelvinhead, Kilsyth, G65 OQH received 1 Ith November 2003.

Letter from Owner/Occupier,14 Lynecroft, Bishopbriggs, G64 3LN received 11th November 2003.

Letter from D Brant,3 Cadder Way, Bishopbriggs, G64 received 11th November 2003.

Letter from D Surgeon,24 Hillcrest Road, Queenzieburn received 11th November 2003.

Letter from lrene McGregor, 11 Laburuch Grove, Troon, Ayrshire, EA1 0 6PY received 11th November 2003.

Letter from Owner/Occupier,7 Valleybank, Banton, Kilsyth received  11th November 2003.

Letter from Margaret Townsend,30 Kenilworth Road, Kirkintiloch, G66 2DN received 11th November 2003.

Letter from Alison Stokes,5 Young Avenue, Barassie, Troon, K A l O 6SJ received 11th November 2003.

Letter from J Gallagher, 17 Glen Road, Bridge Of Allan, FK9 4PL received 11th November 2003.

Letter from Margaret Young, 27 Beanfort Drive, Kirkintilloch, G66 1AX received 11th November 2003.

Letter from Owner/Occupier,46 Gartshore Crescent, Twechar, G65 9SX received  11th November 2003.

Letter from Owner/Occupier,26 Cannerton Crescent, Milton Of Campsie, G66 8DR received 11th November 2003.

Letter from R T Smith,30 Glen Road, Lennoxtown, G66 7JX received 11th November 2003.

Letter from Owner/Occupier,2 Muirfield Road, Westerwood, Cumbernauld, G68 OHX received  11th November 2003.

Letter from P Neil,30 Glen Clara Drive, Craigmarloch, G68 ODZ received 11th November 2003.

Letter from Anna Harvie,ll Mailings Court, Banton received 11th November 2003.

Letter from Madeline Clelland,3 Meadowside Road, Queenzieburn, G65 9EQ received 11th November 2003.

Letter from Catherine Begley,26 Cannertion Crescent, Milton Of Campsie, G66 8DR received 11th November 2003.

Letter from A Wilson,SValleybank, Banton, Kilsyth received 11th November 2003.

Letter from Ann Banford,l3 St Margarets Avenue, Banton, Kilsyth, G65 OQR received 1 Ith November 2003.

Letter from Mrs Sandra Ferguson,8 Bluebell Way, Lennoxtown, G66 7BW received 11th November 2003.

Letter from Pamela McLeod,6 St Margarets Avenue, Banton, Kilsyth, G65 OQR received 11th November 2003.

Letter from Cara Skullen,87 Maree Drive, Condorrat received 11th November 2003.

Letter from J Campbell,l8 Anderson Crescent, Queenzieburn, Kilsyth, G65 9EW received 11th November 2003.

Letter from Owner/Occupier,5 Carrickstone View, Westerwood, Cumbernauld received  11th November 2003.

Letter from Heather Dunn,l2 Dundaff Hill, Cumbernuald, G68 9AH received 11th November 2003.

Letter from I McArdle,2 Glen Rosh Gardens, Cumbernauld, G68 OES received 1 Ith November 2003.

Letter from Douglas Kerr,4 Lismore Place, Moodiesburn, G69 received 11th November 2003.

Letter from Scott Kerr,4 Lismore Place, Moodiesburn received 11th November 2003.

Letter from C Kerr,4 Lismore Place, Moodiesburn received 11th November 2003.

Letter from Helen Robertson,l08 Strathbeg Drive, Dalgety Bay, Fife, KYI 1 9XH received 11th November 2003.

Letter from Elaine McLean,East Lodge, Station Road, Lennoxtown received 11th November 2003.

Letter from Dr Diana Morgan,lO Ratho Drive, Cumbernauld received 11th November 2003.

Letter from Carol Caite, Woodlyn, High Banton, Kilsyth received 1 Ith November 2003.

Letter from J Tyrre11, 77 Northfeld Road, Kilsyth received 11th November 2003.

Letter from Fiona Weir, 21 Park Lane, Kilsyth received 11th November 2003.

Letter from H Rankin, 6 Kingston Flats, Kilsyth received 11th November 2003.

Letter from Alexandra Fraser, Shalam, Neiston Walk, Kilsyth received 11th November 2003.

Letter from W Brown,4 Glen Grove, Kilsyth, G65 9PS received 11th November 2003.

Letter from H A Brown,4 Glen Grove, Kilsyth, G65 9PS received 11th November 2003.

Letter from C W Barclay,6 Burngreen, Kilsyth, G65 OAG received 11th November 2003.

Letter from 1 Barrons, l6 Westfield Road, Kilsyth received 11th November 2003.

Letter from Mr & Mrs E Wedde11,32 Stirling Road, Kilsyth, G65 OH received 11th November 2003.

Letter from Mr & Mrs M Gillies,30 Stirling Road, Kilsyth, G65 OHX received  11th November 2003.

Letter from Malcolm Gillies, 71 Kingston Road, Kilsyth, G65 OJG received 11th November 2003.

Letter from Mr T Kinvig,21 Livingstone Park, Kilsyth received 11th November 2003.

Letter from Mrs Mary Johnson,40 Kingston Flats, Kilsyth received 1 Ith November 2003.

Letter from J Kennedy,22 Hillview Avenue, Kilsyth, G65 ODJ received 11th November 2003.

Letter from T A McLachlan, The Grange, Glasgow Road, Kilsyth, G65 9NE received 11th November

2003. Letter from G Miller,74 Stirling Road, Kilsyth received 11th November 2003.

Letter from E Roberts,39 Howe Road, Kilsyth received 11th November 2003.

Letter from Alisa Woods,41 Balcastle Gardens, Kilsyth, G65 9DE received 11th November 2003.

Letter from Anne Miller, Fernlea Cottage, 72 Stirling Road, Kilsyth received 11th November 2003.

Letter from R Ross, 53 Kingsway, Kilsyth received 11th November 2003.

Letter from Mrs C Kidd,4 Duntreath Terrace, Kilsyth received 11th November 2003.

Letter from Owner/Occupier, 20 Glasgow Road, Kilsyth, G65 9AD received 11th November 2003.

Letter from Owner/Occupier, Allanfauld Road, Kilsyth, G65 9DF received  11th November 2003.

Letter from Caolyn MacGregor,Allanfauld Road, Kilsyth received  11th November 2003.

Letter from Dianne Alexander, 43 Aeden Grove, G65 9NG received 11th November 2003.

Letter from S Clelland,127 Rennie Road, Kilsyth received 11th November 2003.

Letter from Marion Erskine,40 High Barrwood, Kilsyth received 11th November 2003.

Letter from Owner/Occupier,lO Victoria Crescent, Kilsyth, G65 9BJ received 11th November 2003.

Letter from D Pavill, l7 Balcastle Gardens, Kilsyth, G65 9PE received 1 Ith November 2003.

Letter from Mary Chalmers,40 Arden Grove, Kilsyth received 11th November 2003.

Letter from M Fleming,l Crimond Place, Kilsyth received 11th November 2003.

Letter from James McAllister,Redwood Lodge, Coach Road, Kilsyth received I Ith November 2003.

Letter from Mary Erskine,40 High Barwood, Kilsyth, G65 OEF received 11th November 2003.

Letter from A H Glendinning,4 Tordene Path, Balloch, Cumbernauld received 11th November 2003.

Letter from Owner/Occupier,26 Stirling Road, Kilsyth received 11th November 2003.

Letter from Mrs M McPhee,24 Monieburgh Crescent, Kilsyth received 11th November 2003.

Letter from Mrs D Tripney,23 Monieburgh Crescent, Kilsyth received 11th November 2003.

Letter from Mrs P Graham, l Burnbank Terrace, Kilsyth received 11th November 2003.

Letter from J Tripney, 23 Monieburgh Crescent, Kilsyth received 11th November 2003.

Letter from Gary McLeod,6 St Margaret Avenue, Banton, Kilsyth received 11th November 2003.

Letter from Lorna Sullivan, 26b Parkfoot Street, Kilsyth received 11th November 2003.

Letter from E Anderson, l7 Craigends Court, Kilsyth received 11th November 2003.

Letter from Owner/Occupier,64 High Craigends, Kilsyth, G65 received 11th November 2003.

Letter from Owner/Occupier,l7 Barlandfauld Drive, Kilsyth, G35 OBT received  11th November 2003.

Letter from Owner/Occupier,4 St Mirrons Road, Kilsyth received 11th November 2003.

Letter from A Robertson,38 High Barrwood, Kilsyth received 11th November 2003.

Letter from Mr M Howard,Rowanbank, Barr Path, Kilsyth, G65 OEX received 11th November 2003.

Letter from E Pollock,lO Westfield Road, Kilsyth received  11th November 2003.

Letter from C Rankin,6 Kingston Flats, Kilsyth received 11th November 2003.

Letter from M Chemy,The Mount, 16 High Barrwood, Kilsyth, G65 OEF received 11th November 2003.

Letter from P Conway,Canal View, Mid Barrwod, Kilsyth received 11th November 2003.

Letter from Owner/Occupier,Allanfauld Road, Kilsyth received  11th November 2003.

Letter from Pauline GuIliver,51 South Dumbreck Road, Kilsyth, G65 9PU received 11th November 2003

Letter from W Harden,68 Stirling Raod, Kilsyth, G68 OHY received 11th November 2003.

Letter from Mrs A Murphy,72 Balmalloch Road, Kilsyth, G65 9NW received 11th November 2003.

Letter from Owner/Occupier,l16 Low Craigends, Kilsyth received 11th November 2003.

Letter from Linda Irvine,l6 Laurds Hill Place, Kilsyth received 11th November 2003.

Letter from Mr M Pau1,93 Low Craigends, Kilsyth received 11th November 2003.

Letter from Mrs E Jarvie,45 Charles Street, Kilsyth received 11th November 2003.

Letter from Pamela Harden,68 Stirling Road, Kilsyth, G65 OHY received 11th November 2003.

Letter from M Mackay,76 Montrose Gardens, Kilsyth received 11th November 2003.

Letter from W McLachlan,23 Haughton Avenue, Kilsyth received 11th November 2003.

Letter from Mary Fleming,3 Hillview Avenue, Kilsyth, G65 ODJ received 11th November 2003.

Letter from Owner/Occupier,2 Victoria Park, Kilsyth received 11th November 2003.

Letter from Owner/Occupier,9 Montrose Gardens, Kilsyth received  11th November 2003.

Letter from Margaret Marshall,l55 Balmalloch Road, Kilsyth received 11th November 2003.

Letter from M. B Tweedale,l7 Craiglinn, Cumbernauld, G68 9AD received 11th November 2003.

Letter from Jean Fitzpatrick,3 Lammerknowe Road, Banton received 11th November 2003.

Letter from M Ellis,Bairngach, Barr Path, Kisyth, G65 OGY received 11th November 2003.

Letter from Anne Pinder,53 Argyll Place, Kilsyth, G65 OPD received 11th November 2003.

Letter from Anne Clelland,l4 Marguerite Avenue, Lenzie, G66 4HG received 11th November 2003.

Letter from B Ritchie, 11 Barbeth Road, Cumbernauld received 11th November 2003.

Letter from Mrs E R Crawford,Craigend Farm, Stirling received 1Ith November 2003.

Letter from Gordon Archer,2 West Banchory, Coupar Angus, Blairgowrie received 11th November 2003.

Letter from Janet W Dow,Kelvinhead Farm, Kilsyth, G65 OQH received 1 Ith November 2003.

Letter from Mr & Mrs John Peoch, Williamswood, Shawend Farm, Kilsyth, G65 OQD received 12th November 2003.

Letter from R 1 Thomson,Lea Row Cottage, Banton, G65 OQN received 12th November 2003.

Letter from Mr Harry Dempsey + 49 (Petition In Support), l4 Manse Road, Kilsyth, received 14th November 2003.

Letter from Dorothy Lewis, ll Lairds Hill Place, Kilsyth received 17th November 2003.

Letter from Jean MacDonald,4 Kingsway, Kilsyth, G65 9UG received 17th November 2003.

Letter from Mr & Mrs Leckie,57 Balmalloch Road, Kilsyth, G65 9NL received 17th November 2003.

Letter from Mrs E Stark,2B Station Road, Kilsyth, G65 OAB received 17th November 2003.

Letter from Adie Kelly,l64 Kelvinway, Kilsyth received 17th November 2003.

Letter from Margaret McMillan,Glencotha House, 1 Stirling Road, Kilsyth, G65 OJF received 18th November 2003.

Letter from Angela Millar,63 Kelvin Way, Kilsyth, G65 9UW received 18th November 2003.

Letter from Jill Stevenson, Kilsyth International Carnival Society, Garrell House, Glasgow Road, Kilsyth received 19th November 2003.

Letter from Mary Jarvis,89 Arden Grove, Kilsyth, G65 9LZ received 19th November 2003.

Letter from lan Jarvis,89 Arden Grove, Kilsyth, G65 9LZ received 19th November 2003.

Letter from Mrs M Shaw,24 Stirling Road, Kilsyth, received 21 st November 2003.

Letter from Mrs Linda Howitt,26 Kierhill Road, Balloch, Cumbernauld received 26th November 2003.

Letter from Mary Burnside,34 Anderson Crescent, Prestwick, Ayrshire, KA9 1 EJ received 26th November 2003.

Letter from Cynthia Collier,l5311 Gladey Glen Ln, Guerneville, Ca USA, 95446 received 26th November 2003.

Letter from Nancy Scott,538 Early Hutchinson Road, Tifton, GA 31793, USA received 26th November 2003.

Letter from Mr Tom Partick,634 Clearsky Avenue, Oshawa, Ontario, Canada L1 K 2P6 received 26th November 2003.

Letter from Miss S Curle,89a High Craigends, Kilsyth, G65 ONS received 27th November 2003.

Letter from Ronald Kay O.B.E,12 Moorend Glade, Cheltenham, Gloucestershire, GL53 9AT received 27th November 2003.

Letter from Ethna Bernat,53 Myrtle Avenue, St Catharines, Ontario, Canada, L2N 5W2 received 27th November 2003.

Letter from Catherine Sheredy,l6657 E Gunsight Drive, 242 Fountain Hills AZ 85268, USA received 27th November 2003.

Letter from Jenny Kay,l2 Surrey Mount, Forest Hill, London, SE23 3PF received 27th November 2003.

Letter from Donna M Bordage,PO Box 1430, One Brunswick Square, Floor 19, Saint John, New Brunswick, Canada, E2L 4K2 received 27th November 2003.

Letter from Myrna & John Mclntyre,l Woodstock, Ontario, Canada, N4S 7V6 received 27th November 2003.

Letter from Geraldine Fennel1 PhD,420 Upper Newtownards Road, Belfast, BT4 3EZ received 27th November 2003.

Letter from Mr Gordon Letham,30 Kingsway, Kilsyth, G65 9UJ received 28th November 2003.

Letter from Laurie Roster,4450 West 63rd Place, Arvada, United States, CO 80003 received 28th November 2003.

Letter from Mr Dave Rafferty, Westview, Howe Road, Kilsyth, G65 OTA received 28th November 2003.

Letter from Mr Stephen Maxwell,l157 County Road 18, Oxford Mills, ON Canada, KOG 1 SO received 28th November 2003.

Letter from Robyn Riddoch,53 Nile Grove, Edinburgh, EH10 4RE received 28th November 2003.

Letter from Mr R Maxwe11,8149 Mount Olive Crescent, Niagara Falls, Ontario, Canada , L2H 2Y9 received 27th November 2003.

Letter from Mr Andrew Kay,111 Walsgrave Road, Coventry, West Midlands, CV2 4HG received 28th November 2003.

Letter from Yuki Taniguchi, Koganemachi, Ogoricho, Yoshikigun, Yamaguchiken, Japan received 1 st December 2003.

Letter from Mr Derek J Podesta,9 Concorde Drive, Hemel Hempstead, HERTS, HP2 4AW received 1 st December 2003.

Letter from Mr Ron Gourlay,Brock University, 500 Glenridge Avenue, St Catharines, Ontario, Canada received 28th November 2003.

Letter from Florentine Fischer, Kropsburgstrasse 14, 671 22 Altrip, Germany received 28th November 2003.

Letter from Kilsyth Community Council,C/o Mr R Kay, 104 Stirling Road, Kilsyth, G65 OHY received 28th November 2003.

Letter from Ruth Tillyard,8 Briarwell Road, Milngavie, G62 6AW received 5th December 2003.

Letter from Kate Harborne, Marketing Executive, ITP, The Information & Technology Publishing Co. Ltd, 1st Floor, AI Hilal Building, Garhoud, PO Box 500024, Dubai - U.A.E. received 8th December 2003.

Letter from Rebecca Cleaver, UK Great Crested Newt Conservation Co-ordinator, Froglife, Mansion House, 27-28 Market Place, Halesworth, Suffolk, IP19 8AY received 8th December 2003.

Letter from Helen & Dave Rowbotham,l2 Buckstone Bank, Edinburgh, EH10 6PW received 17th December 2003.

Letter from Mr John Harborne,ll Lindop Close, Knutsford, Cheshire, WA16 8AY received 18th December 2003.

Letter from Central Scotland Forest Trust,Hillhouseridge, Shottskirk Road, Shotts, ML7 4JS received 22nd December 2003.

Letter from Frank Fleming,Meadowhead Farm, Plains, Airdrie, ML6 7SE received 15th January 2004.

Letter from Frank Fleming,Meadowhead Farm, Plains, Airdrie, ML6 7SE received 15th January 2004.

Letter from Ms Khan, 20 Forth Place, Newcastle Upon Tyne, NE1 4EU received 15th January 2004.

Any person wishing to inspect these documents should contact Martin Dean at 01236 616459.

 

APPLICATION NO. N1031015081FUL

REPORT

1                     Description of Site and Proposal

The application is for the construction of 156 dwellinghouses on an 11.6 hectare green field, Green Belt site at Cavalry Park, Colzium, Kilsyth. The site contains a water course (Ebroch Burn) and a large area of semi-marshland. Ground rises steeply to the north from Stirling Road to the Forth and Clyde Canal feeder burn which forms the western arm of the Colzium Lennox Estate. The eastern boundary of the proposed development area also runs alongside the Colzium Lennox Estate with the lower half running alongside a well wooded ornamental section.

 

The upper part of this boundary is more open with the Estate curling pond and the main north/south footpath within a few metres of the boundary. Just within the western boundary of

the site there is a right of way which links the feeder canal path to Stirling Road. Beyond this path is an area of land used for light industrial purposes.

Of the proposed 156 dwelling houses, 148 are detached 4 bedroom-two storey dwelling houses with the remaining being 4 pairs of 3 bedroom-three storey semi-detached townhouses.

Vehicular access is from Stirling Road. For flood prevention, nature conservation and landscaping reasons, a 12-20 metre wide green corridor runs through the site following the line of the Ebroch Burn. A 1.5 hectare marsh area is retained at the south west of the site. There are landscape buffers along the northern boundary and on the north east corner of the site. Hedging is proposed on key boundaries including the Stirling Road and the western right of way boundaries.

The development proposals have been formulated via the Interim Housing Land Statement process (IHLS) (which will be referred to later in the report) requirement for an initially approved master-plan. This master-plan has the following objectives :-

·         promote a development which integrates hydrological, ecological and topographical

·         constraints with a design concept which builds upon the opportunities offered by the site;

·         ensure that the development of the site does not increase the risk of flooding or reduce the bio-diversity of the site;

·         integrate measures to attenuate flood risk downstream and reduce the risk to new homes on the site from flooding;

·         provide a landscape design which compliments the landscape character and enhances local bio-diversity;

·         provide a range of housing types in particular character areas which will create an attractive setting for areas of open space and habitat landscapes within the site;

·         form an attractive gateway and edge to Kilsyth;

·         achieve a sufficient volume of housing to enable spin off economic benefits for the locality.

It is noted that due to competing objectives which have emerged through the processing of the application, not all of the master-plan aspirations have been fully met. This includes the absence of any houses fronting on to the Ebroch Burn, a lack of variety in house types and a lack of distinctiveness for different parts of the site. It is considered, however, that the development proposals comply reasonably with the master-plan concept and comply in most respects with the Council’s Open Space guidelines.

The application is supported by a master-plan, a flood risk assessment, an ecological report and a transport assessment. It is proposed, through conditions, that further reports be submitted covering ground conditions, site archaeology and noise impact.

APPLICATION NO. N1031015081FUL

REPORT

Description of Site and Proposal

The application is for the construction of 156 dwellinghouses on an 11.6 hectare green field, Green Belt site at Cavalry Park, Colzium, Kilsyth. The site contains a water course (Ebroch Burn) and a large area of semi-marshland. Ground rises steeply to the north from Stirling Road to the Forth and Clyde Canal feeder burn which forms the western arm of the Colzium Lennox Estate. The eastern boundary of the proposed development area also runs alongside the Colzium Lennox Estate with the lower half running alongside a well wooded ornamental section. The upper part of this boundary is more open with the Estate curling pond and the main North/south footpath within a few metres of the boundary. Just within the western boundary of the site there is a right of way which links the feeder canal path to Stirling Road. Beyond this path is an area of land used for light industrial purposes.

Of the proposed 156 dwelling houses, 148 are detached 4 bedroom-two storey dwelling houses with the remaining being 4 pairs of 3 bedroom-three storey semi-detached townhouses. Vehicular access is from Stirling Road. For flood prevention, nature conservation and landscaping reasons, a 12-20 metre wide green corridor runs through the site following the line of the Ebroch Burn. A 1.5 hectare marsh area is retained at the south west of the site. There are landscape buffers along the northern boundary and on the north east corner of the site. Hedging is proposed on key boundaries including the Stirling Road and the western right of way boundaries.

The development proposals have been formulated via the Interim Housing Land Statement process (IHLS) (which will be referred to later in the report) requirement for an initially approved master-plan. This master-plan has the following objectives :-

It is noted that due to competing objectives which have emerged through the processing of the application, not all of the master-plan aspirations have been fully met. This includes the absence of any houses fronting on to the Ebroch Burn, a lack of variety in house types and a lack of distinctiveness for different parts of the site. It is considered, however, that the development proposals comply reasonably with the master-plan concept and comply in most respects with the Council’s Open Space guidelines.

The application is supported by a master-plan, a flood risk assessment, an ecological report and a transport assessment. It is proposed, through conditions, that further reports be submitted covering ground conditions, site archaeology and noise impact.

 

2.         Development Plan and Policy Guidance

2.1        Scottish Planning Policy 3 : Planning for Housing

This Policy indicates that a key aim of planning is to provide well-located, high quality new housing. In meeting the requirements of housing markets across Scotland, planning authorities and housing providers should work closely together to :

a)            create quality residential environments -

New housing should make a positive contribution to the built and rural environment, and should be designed and laid out to provide lasting benefits. The planning system has an important role in promoting good design, specifying the requirements for landscaping and open space, and indicating where higher densities will be suitable.

b)            guide new housing developments to the right places -

New housing areas should be easily accessible by public transport and well integrated into walking and cycling networks. As part of a long-term settlement strategy, previously developed land and buildings will have a key role and should be reused where a viable and environmentally satisfactory development can be achieved. Extensions to cities, towns and villages or new settlements should be developed in a sustainable way.

c)            deliver housing land -

Planning authorities should meet the housing land requirement for each housing market area in full. The planning system can help to support a strategy to provide affordable housing in an area, The plan-led process of providing housing land should provide greater certainty and be more responsive, by :-

•         structure plans taking at least a 12-year and preferably a 20-year view of
the pattern of future development, with less precise forecasts of land
requirements for later periods;

•         ensuring that local plans provide a supply of effective land to meet
requirements for at least 5 years;

•         careful and regular monitoring of completions, land availability and future
requirements through a housing land audit, maintaining a supply of
effective land for at least the next 5 years at all times;

•         regular review of plans, with alterations if necessary, to maintain a clear
forecast and supply; and

•         taking steps to ensure that land is made available if there are delays in plan
preparation.

2.2       Planning Advice Note 38 Housing Land (revised 2003)

Planning Advice Note 38 sets out how planning authorities go about ensuring the delivery of housing land. It indicates that planning authorities should define "housing market areas" (a geographical area where the demand for housing is relatively self contained) and the effects of "mobile demand" (an element of demand that covers several housing market areas). The advice note indicates that:

"Additions to the housing land supply should be made available in time to allow development in the relevant structure plan period. New sites should be brought forward in conformity with development plan policies, either through revisions to the local plans for the areas to which the land requirements have been allocated, or by granting planning permission in advance of local plan adoption if they would not otherwise be released on time."

2.3 Glasgow and The Clyde Valley Joint Structure Plan 2000
The relevant strategic policies relating to the site are as follows :-
Strategic Policy 1 - Strategic Development Locations

The Metropolitan Development Strategy requires the continued designation and safeguarding of the Glasgow and the Clyde Valley Green Belt within which there is a presumption against the spread of built up areas and the encroachment of development into the countryside. Local Plans shall define the detailed boundaries and policies to safeguard the Green Belt.

Strategic Policy 6 - Quality of Life and Health of Local Communities

Strategic Policy 6 indicates that the quality of life and health of the communities will be supported through providing housing opportunities to meet the requirement for a continuing 5-year effective owner-occupied land supply. Schedule 6(b) provides the basis for the identification of additional housing land allocation to meet any demand shortfall in the period 1999-2006 and 2006-2011. Within the Cumbernauld, Kilsyth and Moodiesburn sub-market area Schedule 6(b)(ii) identifies a requirement for an additional supply of 400 units for the period 1999-2006 to meet a mobile demand shortfall. The Council agreed that appropriate sites to meet this requirement would be identified through an Interim Housing Land Statement, considered in detail in paragraph 4.2 below.

Strategic Policy 9 - Assessment of Development Proposals

This policy indicates that proposals that fail to meet the criteria set out in this policy will be regarded as a departure from the Development Plan and require to be justified against Strategic Policy 10. It is a requirement of this policy that the Green Belt be safeguarded.

Strategic Policy 10 - Departures from the Structure Plan

Strategic Policy 10 indicates that consideration should be given to the appropriateness of the development having regard to the criteria contained in it and any other material consideration. The criteria includes an identified housing land shortfall.

2.4       Kilsyth Local Plan 1999

The site is within the Green Belt and is covered by policies GB1-4 & 6. Policy GB3 presumes against residential development in the Green Belt unless required for agriculture, forestry, horticulture or other uses appropriate only to a rural area.

3.         Consultations and Representations

3.1       Summaries of consultation responses are as follows :-

British Waterways:

It should be ensured that there is no adverse impact on the stability of the adjacent canal feeder embankment. British Waterways has no responsibility for alleviating flooding on site by the continuation of the existing occasional practice of diverting water from the Ebroch Bum into Banton Loch. Although such action has taken place in the past British Waterways may be less able to do so in the future.

 

Central Scotland Forest Trust :

The Trust objects as the site is in the Green Belt, will significantly reduce the amenity of the Colzium Estate, will adversely affect attempts to promote Colzium House as a tourist opportunity and will adversely affect local bio-diversity. Furthermore there is poor integration of the proposed layout with the local landscape character. The development will encourage traffic on the unsuitable Dullatur Road.

The Coal Authority :

The site is in an area where coal is believed to exist close to the surface that may have been worked at sometime in the past. There may be unrecorded mine entries in the site. In view of the mining circumstances a prudent developer would seek appropriate technical advice before works are undertaken on site.

The Garden History Society:

Although not currently part of the Colzium Estate it is clear from a study of early maps that Cavalry Park was part of the original estate and constitutes part of the essential setting of Colzium House. The Cavalry Park site dominates the view from the road towards the house and vice versa. The Society objects to the proposal for the following main resasons : o Colzium House is listed in the Strathclyde Structure Plan as a designed landscape worthy of protection;

Scottish Environment Protection Agency :

It is understood that the burn running through the site will be kept open and a sufficient storage area will be created on the banks in accordance with the recommendations of the flood risk assessment carried out for the site. Surface water drainage should accord with Sustainable Urban Drainage System principals. No objections subject to the above.

Scottish Natural Heritage :

SNH has previously expressed concerns over the ecological impact on the Colzium Burn Site of Importance for Nature Conservation (SINC) and the potential flooding and drainage issues that may result from the infringement of any development on the flood plain of the burn. Furthermore, as the development site is located within an area defined by "the Glasgow and the Clyde Valley Landscape Assessment Report" as Broad Valley Lowlands as well as being adjacent to a Regional Scenic Area, SNH had concerns over the landscape and visual impacts of such development. The low lying and flat nature of the Broad Valley Lowland landscape combined with the Regional Scenic Area's need for sensitive landscaping raised concerns over the size and scale of any development. In addition SNH had concerns over the visual impact of any housing on the woods and parklands of the Colzium Lennox Estate Site of Importance for Nature Conservation. However, it is our understanding that this site has since been selected for Green Belt release despite the concerns expressed, and while SNH do not intend to object outright we consider the impacts of the proposed developments can only be reduced to a satisfactory level through conditions and modifications. Recommended conditions relating to ecological protection are submitted.

Scottish Water :

There is a public sewerage system to which a connection can be made. It is recommended that Sustainable Urban Drainage Systems be implemented.

West of Scotland Archaeology Service :

There is no clear evidence that there are any burials on the site associated with the Battle of Kilsyth. There may however be such burials nearby. As with any large greenfield site there may be buried unrecorded remains from any period. It is recommended that the applicant provides archaeological information prior to the application being determined.

 NLC Community Services :

It is recommended that development of the site is opposed due to the loss of integral greenspace in proximity to the Colzium Lennox Estate and the resulting damage to the character of the site as a traditional estate. Development must be a suitable distance from adjacent trees and must not adversely affect such trees through inappropriate changes in ground levels. Recommendations are provided concerning landscape improvements, play area improvements, ecological protection, improvements for adjacent footpaths, improved planting and retention of hedges.

Director of Education:

No objections. The area to be developed is currently zoned to schools which have sufficient accommodation for the estimated number of pupils that such a development may produce.

My Transportation Section have no objections to the revised proposals.

3.2 Letters of objection have been submitted by Kilsyth Community Council and 261 others. The various grounds of objection may be summarised as follows :-

(a) The development is contrary to the Local Plan Green Belt zoning. There has been no master-plan submission as required by the Kilsyth Local Plan Green Belt policy. The removal of the site from the Green Belt has already been rejected after an Inquiry held to consider the Kilsyth Local Plan. The proposal is contrary to Structure Plan policies relating to the Green Belt, the needs of rural areas, recreational resources, environmental resources, historic environment and archeology, flooding, economic development and sustainability. There is no quantified Structure Plan or Local Plan need for more local housing. Kilsyth is not an appropriate town for addressing the conurbation mobile shortfall. This should be addressed within the conurbation and not in outlying towns. Inappropriate quick expansion of Kilsyth (along with the Waterfall Village development) will lead to loss of identity and will over-stretch local resources and services. It is unsustainable to provide new large houses which are not required for local needs and will merely lead to commuting.

(b) The Interim Housing Land Statement strategy is flawed. It unnecessarily limits potentially suitable residential sites by only taking account of sites greater then two hectares in size. There was a lack of effective consultation over the IHLS strategy.

(c) The proposed housing will have a detrimental effect on tourist and visitor industry employment associated with Colzium House and Colzium Lennox Estate. The proposed housing will damage local commercial, social and community interests associated with Colzium House and Colzium Lennox Estate.

(d) The proposed development will adversely affect the listed Colzium House. There will be an adverse affect on the existing attractive gateway to Kilsyth. The proposed development will adversely affect leisure and recreation and amenity interests associated with Colzium House, Colzium Lennox Estate, the Kelvin Valley and the Forth and Clyde Canal. The amenity of walkers using adjacent footpaths will be adversely affected. There will be the loss of an area of exceptional landscape quality.

The proposed development will result in the loss of wildlife and associated habitats and in particular the loss of raised bog habitat. There may be protected great crested newts on site.

There will be increased flood risk on site and down stream resulting from the proposed development.

‘Battle of Kilsyth’ graves may be present on the site and would be affected by the proposed development.

The development proposals are flawed and are of low quality. In particular it is inappropriate to have three storey town houses; large house types are inappropriate in that they are not needed for Kilsyth residents; standard house designs do not reflect the character of the local area; there is a wasteful and insular layout; the development is too close to boundary trees; there is a failure to recognise important on-site features; local ecology will be adversely affected. There has been a lack of consultation with Kilsyth Community Council concerning development proposals. Kilsyth Community Council material has been used in the submission without authority. The master-plan vision is flawed as existing open land is preferable to a bland residential development.

The proposed development is deeply unpopular with Kilsyth residents. The planning decision should reflect local opinion which is displayed by the large number of responses objecting to the application.

There will be an adverse effect on road safety in that the proposed development will generate extra traffic between Kilsyth and Cumbernauld along the inadequate Dullatur road. There should be a site visit and hearing prior to a planning decision being reached.

4. Planning Assessment and Conclusions

4.1 In assessing the merits of this planning application, regard must be taken of the development plan and other material considerations. The key considerations are as follows:

4.2 Development Plan and Interim Housing Land Statement :

Under the terms of Strategic Policies 1 and 9 contained in the Glasgow and the Clyde Valley Joint Structure Plan 2000 and Policy GB3 in the Kilsyth Local Plan 1999 the proposal is contrary to the Development Plan, as the site is in the Green Belt.

Schedule 6 (b)(ii) in the Structure Plan establishes the need for an additional 400 units for the period 1999 - 2006 within the Cumbernauld, Kilsyth and Moodiesburn Housing Sub- Market Area. As noted above, the Council has a duty to ensure that the housing land requirement for each housing market area is met in full. In recognition of the fact that the local plan review process could not facilitate the required housing land release within the period 1999 - 2006, the Council resolved that the necessary releases would be achieved through the preparation and agreement of an Interim Housing Land Statement. A total of 28 sites within the Cumbernauld, Kilsyth and Moodiesburn Housing Sub-Market Area were compared against site selection criteria. The four sites which offered the best opportunity to meet the Structure Plan requirement in the Sub-Market Area were deemed to be :-

a) The current application site at Cavalry Park,

b) Badenheath, Cumbernauld

c) The Scottish Enterprise site, Carrickstone, Cumbernauld, and

d) the Devro Expansion site, Moodiesburn.

The Cavalry Park site was identified as a preferred site since :- 

The Council formally approved the terms of the Interim Housing Land Statement in December 2002.

As part of that Interim Housing Land Statement, the applicant was required to prepare a Development Brief to set out the design concept that would be used in the preparation of a detailed layout In terms of Structure Plan Strategic Policy 10 it is considered that the identified shortfall in the housing land supply and the preparation of the Interim Housing Land Statement would indicate that the proposed development is an appropriate departure from the Development Plan.

There are no infrastructure hindrances to the proposed development.

4.3 Affect on Setting of Colzium Lennox Estate and Colzium House :

The proposed development is bounded on the north and east by the Colzium Lennox Estate and is directly in front of Colzium House, which is constructed on raised land. Notwithstanding boundary landscaping, the proposed residential development will have a significant effect on the setting of Colzium Lennox Estate and Colzium House. In this respect there may be some lessening of the attractiveness of the Estate and the House to visitors.

4.4 Flooding :

It is noted that the site has the potential to flood in severe weather and that, without appropriate safeguards, the development may increase the risk of downstream flooding. A Flood Risk Assessment has been submitted which recognises the above situation and which makes the following main recommendations :

The Ebroch Burn should be left open through the site; the Ebroch Burn embankments should be re-contoured to allow overspill to be accommodated in secondary adjacent shelves running alongside the burn; ground levels should be raised; surface water drainage must be attenuated on-site, with there being a slow rate of release to the adjacent water course to replicate the pre-development situation.

The current submission meets the above requirements, although full flood risk remediation details will be submitted and approved through a recommended planning condition.

4.4 Development Details :

As covered in section 1 above, the layout reasonably accords with the master-plan's aspirations to have a quality development which takes account of on-site and adjacent land forms and infrastructure. In general terms, the development details are acceptable.

4.5 Landscape Quality and Nature Conservation :

The site has no significant landscape or nature conservation value in itself. It is however recognised that it is a buffer between existing built development and the Colzium Lennox Estate.

Major conservation interests are protected through the retention of an Ebroch Burn corridor and the retention of a large area of marsh land within the site.

4.7 With respect to the grounds of objection :-

(a) Development Plan issues are covered in paragraph 4.2 above.

(b) Interim Housing Land Statement issues are covered in paragraph 4.2 above.

(c) Tourism and commercial issues are covered in paragraph 4.3 above.

(d) Amenity issues are covered in paragraph 4.3 and 4.6 above.

(e) Ecological issues are covered in paragraph 4.6 above.

(f) Flood risk issues are covered in paragraph 4.4 above.

(9) West of Scotland Archaeology Service point out that there are no recordings of 'Battle of Kilsyth' burials within the site. As, however, with any large greenfield site they would wish to take the opportunity through a planning application to have an archaeological survey carried out to determine whether there are unrecorded remains from any period within the site. A recommended planning condition requires the submission of such a study. (h) Development details are covered in paragraphs 1.3 and 4.5 above. (i) Grounds of objection, and the number of objections, are taken into account in the processing of the application and are made known to the Planning and Environment Committee.

(j) My Transportation Section have no road safety objections to the amended scheme.

 

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