NOTICE OF MEETING

Planning Applications Committee Agenda

1. Applications for planning permission:(a) Site formerly known as 854 Aikenhead Road (Ward 7) - 11/01189/DC - Formation of Park and Ride facility comprising car park for circa 589 parking spaces including 35 disabled spaces, 4 bus stances and public toilets, new pedestrian footways and vehicular junctions onto Aikenhead Road for access and egress; Site formerly known as 90 Carbeth Street (Ward 16) - 11/01499/DC Formation of all weather sports pitch with floodlighting and boundary fencing; Site at 125-127 Glasgow Road (Ward 20) - 11/00679/DC - Demolition of existing building, erection of care home, parking and associated landscaping; St Timothy's Primary School, 41 Inveresk Street (Ward 20) 11/01740/DC - Erection of extension to school to form gym hall; 16 Kensington Gate (Ward 11) - 11/01852/DC - Formation of access door on rear elevation of listed flat; 2-7 Levernside Avenue/19-33 Levernside Crescent/34-52 Brockburn Road (Ward 3) - 11/01861/DC - External alterations to flats including installation of render cladding; Site at Tobago Street/London Road (Ward 9) - 11/01375/DC Erection of residential flats (20 units), residential care home (12 units) (Class 8) with associated staff accommodation and offices, office use (class 4), community facility, formation of parking, access road and community garden - Amendment to previous approval 08/03190/DC to increase community facility and alterations to community memorial garden;

Tuesday, 1st November 2011 at 1100 hours

(b)

(c)

(d) (e) (f)

(g)

(h)/

Glasgow City Council, City Chambers, Glasgow G2 1DU

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(h)

Site at riverside walkway between McAlpine Street/York Street on Broomielaw (Ward 10) - 11/01234/DC - Erection of four 2-storey pavillions structures incorporating Class 3 (Food & Drink), Public House (Sui Generis) and ancillary Class 1 (Shops) use(s) plus associated external seating areas at ground and first floor levels, access, servicing, public realm works, ground engineering and connection to public sewers; plus the use of the adjacent public realm for outdoor events; and Site adjacent to 153 Wyndford Road (Ward 15) - 11/00399/DC Demolition of existing building, erection of energy centre, re-alignment of exisiting road and formation of access road.

(i)

Contact Officer: Lee Sclater Committee Officer Corporate Services Room 84, East Building City Chambers Glasgow Telephone: 0141 287 3511 e-mail lee.sclater@glasgow.gov.uk

Glasgow City Council, City Chambers, Glasgow G2 1DU

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ITEM 1 (a)
PLANNING APPLICATIONS COMMITTEE
1st November 2011

Report by Executive Director of Development and Regeneration Services Contact: Mr C Pepper Phone: 0141 287 8649

APPLICATION TYPE

Full Planning Permission

RECOMMENDATION Grant Subject to Condition(s)

APPLICATION SITE ADDRESS

11/01189/DC

DATE VALID

25.05.2011

Site Formerly Known As 854 Aikenhead Road Glasgow

PROPOSAL

Formation of Park and Ride Facility comprising car park for circa 589 parking spaces including 35 disabled spaces, 4 bus stances and public toilets, new pedestrian footways and vehicular junctions onto Aikenhead Road for access and egress. Potentially contrary to Policy Principle DEV 2 of City Plan 2. AECOM Per Ian Kirkbride 1 Tanfield Tanfield Edinburgh EH3 5DA 07, Langside
AGENT

APPLICANT

Vangen James Consulting Per Anne Follin 57 Springfield Drive Falkirk FK1 5HW

WARD NO(S) CONSERVATION AREA ADVERT TYPE CITY PLAN

COMMUNITY COUNCIL LISTED

02_102, Mount Florida

Bad Neighbour Development, Contrary to Dev Plan Residential, Stadium

PUBLISHED

3 June 2011

REPRESENTATIONS/ CONSULTATIONS REPRESENTATIONS:Three representations were received from members of the public. The following points were raised:There is no evidence to support the need/demand for an overflow car park and Park and Ride facility in this location; The proposals to utilise that parking area as an overflow car park for events at Hampden Park will lead to an increase in vehicular traffic within an area which currently struggles to cope with traffic and parking demands during event times; The proposal to incorporate an exit at the bottom of Bolivar Terrace will result in a detrimental impact on residential amenity to nearby properties through increased noise (specifically during events) and in particular at late hours; The removal of the existing plants and trees has had a negative impact on the local environment and wildlife;

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The projected number of vehicles which are being catered for with this facility appears highly overestimated and due to the Park and Rides close proximity to the City Centre there is no evidence to suggest that a development of this size is necessary; There are a number of vehicles which are parked on the carriageway of Aikenhead Road which advertise local firms, these are unsightly and reduce visual amenity within the area; and The use of the Park and Ride to provide additional parking capacity for events at Hampden is useful, however this should be the responsibility of Hampden Park and should not be the responsibility of the City Council and its taxpayers. CONSULTATIONS:Scottish Water No objection SPT No objection Land and Environmental Services (Environmental Health) No objection subject to conditions SITE AND DESCRIPTION The application site is an area of vacant land previously known as 854 Aikenhead Road, which is located on the west side of Aikenhead Road between its junctions with Curling Crescent (to south) and Prospecthill Road (to north). The site, which extends to a total area of approximately 27185sqm (2.7Ha) is predominantly located within an area designated as Residential and Supporting Uses (DEV 2), with a small portion (234sqm) of the site falling within the Stadium (DEV 10) designation at the westmost boundary. The site was previously in use as the site for the Councils Roads Lighting Depot; since demolished, and has for a number of years, been vacant brownfield land utilised as overflow parking for events at the National Stadium. Land levels within the site slope marginally upward from east to west (front to rear) within the site, following the topography of the land. Additionally, within the site there are varying land levels due to the remainder of foundations, etc of the previous structures associated with the Roads Lighting Depot. In respect of public transport accessibility, the site is situated on the boundary of the Inner and Outer Urban Areas and is identified as having High Accessibility to public transport, as per City Plan 2. PROPOSAL The development proposal represents a Major planning application as identified within the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. The legislation dictates that an application at this scale must meet a series of requirements in respect of formal public pre-application consultation; this was carried out to the satisfaction of the Planning Authority. Additionally it is noted that the proposal represents a Glasgow City Council application submitted on behalf of Land and Environmental Services. It is proposed to construct a Park and Ride facility across the entirety of the site, which will comprise associated car parking (see table below), 4 bus stances along the east boundary of the site at Aikenhead Road, erection of a public toilet facility and bus stop shelter and formation associated roads, footways and landscaping. Parking Breakdown Unreserved Parking Disabled Parking Total Parking Number 554 35 589 Percentage 94% 6% 100%

As part of the project, the proposed park and ride facility will also be utilised for event parking for Hampden Stadium; this will negate the need for the current year-on-year temporary consents to utilise this site for event parking. Such events include the use of the car park in association with the 2012 Olympic Games and the 2014 Commonwealth Games. The applicant proposes to remediate the site by carrying out extensive hard and soft landscaping works including the construction of new roads, footpaths and accesses within the site. In respect of boundary treatments, it is proposed to formalise the north, south and west boundaries while opening up the frontage boundary with Aikenhead Road to allow service bus access as well as improving the relationship with the street scene as viewed from Aikenhead Road.

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HARD LANDSCAPING/SURFACING TREATMENT: Given the nature of the development, the site would be predominantly hard surfaced. The proposed surfacing constitutes a blacktop wearing surface with associated kerbs. Of the total site area, 24983sqm will be hard landscaped, equivalent of 89.6%. In respect of drainage, it is proposed to provide attenuation via an integrated SUDS scheme. The proposed drainage layout is considered satisfactory for the development. SOFT LANDSCAPING: Throughout the site, it is proposed to provide elements of soft landscaping in an order to break the level of hard surfacing utilised for the parking area. Included within the proposal is the provision of 87 new trees of varying species largely contained along the south, west and eastern boundaries as well as at intervals within the car park area along the pedestrian footpaths. In addition to the proposed trees there will be a shrub mix covering the previously noted boundaries as well as ground cover planting with a dense ivy to prevent pedestrian footfall in these areas. Of the total site area, 2832sqm will be soft landscaped with grass, equivalent of 10.4%. BUS SHELTER AND STANCES: The proposed bus shelter is a freestanding gullwing shelter modular unit which is finished in galvanised metal and clear glass. The shelter measures 3.5m x 6.5m (depth x length) with a total footprint of 22.75sqm. The shelter provides covered seating in association with the 4 bus stances of the Park and Ride. In respect of siting, the bus stances are arranged in a staggered layout for the ease of vehicle movement for the service buses. The bays are located at a distance of 5m apart from one another and 25m from each of the access/egress points to Aikenhead Road. PUBLIC TOILET FACILITIES: The applicant has proposed a public toilet to be located to the rear of the second bus stance toward the east boundary of the site within the pedestrian bus waiting area. The applicant has stated that the reason for the incorporation of a public toilet within the Park and Ride facility was in response to comments raised during the public pre-application consultation procedures as local residents felt this would be a beneficial feature. The public toilet, which has a footprint of 16.2sqm, is a freestanding pod design finished in opaque glass panelling and will incorporate two toilets. ACCESS: It is proposed to form two independent accesses to/from the car parking area. The main access is taken from Aikenhead Road at the south east corner of the site via a signalised junction. At 10m in width the access allows for two lanes and provides the opportunity for entrance and exit to the site. The secondary access, located in the north west corner of the site at Somerville Drive/Prospecthill Drive/Hangingshaw Place is a single lane gated access at 5m in width and serves the purpose of allowing for ease of traffic movement during event days. In order to accommodate the bus drop-off and stances, there are requirements to alter the layout of the carriageway and public footpath along the east site boundary at Aikenhead Road. This requires the formation of a non-signalised northbound access/egress for services buses travelling along Aikenhead Road. Buses will then be diverted from Aikenhead Road into the bus area, and will exit back onto Aikenhead Road to the south of the junction with Prospecthill Road. Pedestrian access is taken via the east open frontage of the site along Aikenhead Road as well as the formation of three new accesses on the north boundary of the site at Hangingshaw Place.

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POLICIES DEV 2 DES 6 TRANS 4 TRANS 11 Residential and Supporting Uses Public Realm and Lighting Vehicle Parking Standards Permanent and Temporary Public Car Parks

Planning legislation now requires the planning register to include information on the processing of each planning application (a Report of Handling) and identifies a range of information that must be included. This obligation is aimed at informing interested parties of factors that might have had a bearing on the processing of the application. Some of the required information relates to consultations and representations that have been received and is provided elsewhere in this Committee report. The remainder of the information, and a response to each of the points to be addressed, is detailed below. A. Summary of the main issues raised where the following were submitted or carried out i. an environmental statement The development proposal was the subject of a formal request for an EIA (Environmental Impact Assessment) screening opinion. In carrying out this screening, the Planning Authority considered that the proposal did not meet the requirements necessitating an EIA. ii. an appropriate assessment under the Conservation (Natural Habitats etc.) Regulations 1994 Not applicable iii. a design statement or a design and access statement The applicant has submitted a supporting statement in respect of this application, it is considered that the content of the supporting statement is reflective of the proposal and is addressed within the body of this report. iv. any report on the impact or potential impact of the proposed development (for example the retail impact, transport impact, noise impact or risk of flooding) Not applicable B. Summary of the terms of any Section 75 planning agreement Not applicable C. Details of directions by Scottish Ministers under Regulation 30, 31 or 32 These Regulations enable Scottish Ministers to give directions i. with regard to Environmental Impact Assessment Regulations (Regulation 30) Not applicable (as above) ii. 1. requiring the Council to give information as to the manner in which an application has been dealt with (Regulation 31) Not applicable 2. restricting the grant of planning permission Not applicable

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iii.

1.

requiring the Council to consider imposing a condition specified by Scottish Ministers Not applicable

2.

requiring the Council not to grant planning permission without satisfying Scottish Ministers that the Council has considered to the condition and that it will either imposed or need not be imposed. Not applicable

ASSESSMENT AND CONCLUSIONS Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that where an application is made under the Planning Acts, it shall be determined in accordance with the Development Plan unless material considerations indicate otherwise. The two main issues to consider in the assessment of this application are:(a) (b) whether the proposal accords with the Development Plan; and whether any other material considerations, including the matters raised in the consultation responses and letters of representation, have been satisfactorily addressed.

In respect of (a), the Development Plan comprises the Glasgow and Clyde Valley Joint Structure Plan and City Plan 2. Glasgow and Clyde Valley Joint Structure Plan 2006: Within the Structure Plan, Strategic Policy 3 Strategic Management of Travel Demands acknowledges that in order to achieve sustainable development, there is a requirement to serve Glasgow and the Clyde Valley Metropolitan Area with a range of transportation measures; specifically the need for provision within Local Plans for the development of Park and Ride facilities. The proposal is therefore considered to support the strategic agenda of the Structure Plan in this respect. City Plan 2: The application site is within an area covered by the DEV 2 Residential and Supporting Uses Policy Principle of the adopted City Plan 2 and given this the proposal has been advertised as being potentially contrary to the Development Plan. In terms of impact on residential amenity, it is considered that the most directly affected properties will be those along the south boundary of the site at Aikenhead Road and Curling Place. It is noted however, that along the span of this boundary it is proposed to improve the level of screening to mitigate against any loss of residential amenity. The formation of a Park and Ride facility within a designated residential area does potentially conflict with the protection of local amenity. From the details of the submitted Transport Assessment, it is noted that the facility is aimed at daily commuter traffic and given this, it is anticipated that the levels of increased traffic movements are likely to be contained to daytime hours; with less impact on adjacent residential uses. In respect of event parking, it is noted that this will be contained to isolated events, which will be marshalled in order to ensure ease of traffic flow and minimise disruption at these times. The application site also bounds the curtilage of the National Stadium to the west, which is designated as DEV 10 Stadium. By virtue of its siting within an existing area of vacant open space, which is partially utilised as a temporary overflow car park, the proposal to construct a formal Park and Ride facility (inc dedicated parking) is not considered to detrimentally impact on the function of the National Stadium. The proposal also requires to be considered/assessed against the following policies: DES 6 Public Realm and Lighting

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This policy aims to create the highest possibly quality of public realm and seeks to ensure that lighting schemes minimise light pollution without impacting on neighbours and townscape quality. The proposal uses a selective palette of durable materials for its hard landscaping which provides a contrast between the parking and pedestrian areas of the site. Additional soft landscaping proposals and tree planting are to occur along the boundaries of the site and throughout; breaking up the visual massing of the hard landscaping associated with the parking areas. Currently, the site is in relatively poor condition and includes within its curtilage a large area of hardstanding which is utilised as an ad-hoc temporary event parking facility for the National Stadium (known as the Purple Car Park), a pedestrian access via Hangingshaw Place and an area of soft landscaped ground. The utilisation of the site for public parking and transport infrastructure secures the future of the site while improving the current standard of the environment by opening the frontage of the site to Aikenhead Road and formalising the parking area and landscaping. The proposal, by its nature includes little physical development in terms of solid massing; the exception to this being the proposed shelter and the public toilet located towards Aikenhead Road. Furthermore, through the careful inclusion of soft landscaping throughout the site and along the site boundaries, the development seeks to contribute positively within the street scene while not detrimentally impacting on landscape character, etc. It is noted that within this area of Aikenhead Road, there is no established townscape character in itself due to the varying types of buildings, scales and massings within the immediate locale (including the National Stadium, the Toryglen football centre, the residential properties and the retail superstore) and therefore the proposal would not appear incongruous within this setting. TRANS 4 Vehicle Parking Standards This policy aims to ensure that vehicle parking provision supports sustainable transport objectives and meets the requirements of car park design in line with the Councils Roads Development Guide. The proposal seeks to provide a formal car park for the parking of 589 cars, including 35 disabled spaces in association with this Park and Ride facility. It is considered that as the site is currently vacant and utilised on a temporary basis for event parking in association with the National Stadium, that the its utilisation as a Park and Ride will support the Councils sustainable transport objectives. TRANS 11 Permanent and Temporary Public Car Parks The aim of this policy is to ensure that public car parking supports the shopping and business needs of the City Centre while restraining private car commuting. The proposal is considered to meet the requirements of a permanent car park located outwith the City Centre as it is intended to serve commuting demand as part of a Park and Ride facility. Furthermore, the development is considered to meet the transport requirements of the Scottish Planning Policy (SPP) (previously SPP 17: Planning for Transport), which outlines the Governments agenda for providing suitable sustainable parking and transport infrastructure which supports accessibility and viability while discouraging car commuting. The applicant has also submitted a detailed Transport Statement in support of this application. This outlines the operational overview of the proposal as an everyday Park and Ride facility as well as special events parking for the National Stadium. Contained within the Traffic Impact Assessment is an outline of estimated traffic movements associated with the development, this demonstrates that the predicted traffic produced by the Park and Ride will not adversely affect the operation of the local road network. In addition, the development provides an opportunity to reduce traffic to the north of the site by allowing sustainable travel options to/from the city centre. As outlined by the applicant, the proposal has resulted from the Local Transport Strategy Keep Glasgow Moving (approved March 2007 by Executive Committee) under the scheme titled Streamline. This scheme is a joint partnership between Glasgow City Council, Strathclyde Partnership for Transport (SPT) and First Buses and is an ongoing programme of improvements aimed at enhancing bus services operating on key corridors within Glasgow. Streamline aims to greatly enhance the attractiveness of bus transport by:Improving bus journey times and reliability; Increasing public transport priority relative to private cars; Improving the image of bus use; and Improving the provision of information and facilities.

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In terms of issue (a), the proposal is generally considered to be in line with the Development Plan. In respect of (b), with regard to the letters of representation, the grounds may be summarised, with appropriate comments, as follows: There is no evidence to support the need/demand for an overflow car park and Park and Ride facility in this location; Response: The applicant has provided, by way of supporting information, a detailed transport survey. This survey has been used as the basis of calculating the required number of parking spaces based on average daily use as well as the use of the site for event parking. On this basis, the proposed level of parking appears consistent with the requirements and demands contained within the transport survey. The proposals to utilise that parking area as an overflow car park for events at Hampden Park will lead to an increase in vehicular traffic within an area which currently struggles to cope with traffic and parking demands during event times; Response: The proposed park and ride is primarily for the purpose of providing a Council service for sustainable transport infrastructure. In addition, the approval of a development incorporating 589 parking spaces in a formal arrangement will aid in reducing the level of parking problems in the streets surrounding the National Stadium during event time, which would be of benefit to residential amenity and road traffic safety. Furthermore, the submitted traffic survey outlines that during event times, the parking area will be controlled via marshals, ensuring ease of traffic flow in order to minimise impact on road traffic safety and residential amenity. The proposal to incorporate an exit at the bottom of Bolivar Terrace will result in a detrimental impact on residential amenity to nearby properties through increased noise (specifically during events) and in particular at late hours; Response: The proposal seeks to utilise the existing access from Bolivar Terrace leading to Somerville Drive, Prospecthill Drive, Hangingshaw Place. The exit in question is not the main exit of the site and it is proposed to be gated and only operational during events, when it will be marshalled in order to ensure safety and security as well as minimising any potential impact on surrounding residential properties. The removal of the existing plants and trees has had a negative impact on the local environment and wildlife; Response: The existing tree removal which has taken place prior to the submission of this application did not require Planning Permission as the trees/shrubs which were removed were not statutorily protected. Prior to the removal of the trees, Land and Environmental Services liaised with the landscaping section of Development and Regeneration Services who advised that the species were of inappropriate type for the site and the proposal for the Park and Ride would afford to opportunity to ensure more appropriate replacement planting/landscaping could be provided. The development proposal therefore mitigates against the loss of trees on site by proposing a planting scheme including 87 trees of varying species. The projected number of vehicles which are being catered for with this facility appears highly overestimated and due to the Park and Rides close proximity to the City Centre there is no evidence to suggest that a development of this size is necessary; Response: As above. The provision of parking has been calculated on the basis of the submitted transport survey. The parking provision is considered consistent to ensure adequate levels of daily parking associated with the park and ride as well as event parking. There are a number of vehicles which are parked on the carriageway of Aikenhead Road which advertise local firms, these are unsightly and reduce visual amenity within the area; Response: The vehicles in question are outwith the application site boundary and do not materially relate to this application.

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The use of the Park and Ride to provide additional parking capacity for events at Hampden is useful, however this should be the responsibility of Hampden Park and should not be the responsibility of the City Council and its taxpayers; Response: As above. The proposed Park and Ride is predominantly a Council facility for commuters and aids in the Councils responsibility to provide sustainable transport infrastructure. The proposal is not primarily an event car park for the Nation Stadium. The three objections raise a range of issues. However, each of these concerns are either deemed to have been resolved by the applicants or are not sufficient to warrant refusing the application. CONCLUSION The proposed development generally complies with the relevant policies of the adopted Glasgow City Plan 2 as well as the relevant strategic policy of the adopted Structure Plan. This proposed transport infrastructure development is considered appropriate for the location and site context, and its overall layout and design is not considered detrimental to the townscape and appearance of the surrounding area. Other material considerations including the consultation responses and letters of objection have been considered, but do not outweigh the acceptability of the proposal. It is therefore recommended that planning permission be granted subject to the following conditions. CONDITIONS AND REASONS 01. The development shall be implemented in accordance with drawing number(s) 60145796_M100-001_701 Revision G; 60145796_M100-001_501 Revision J; 60145796_M100-001_502 Revision A; 60145796_M100-001_503 Revision A 60145796_M100-001_708 PL; and 8804/P01.3 Revision A as qualified by the undernoted condition(s), or as otherwise agreed in writing with the Planning Authority. Reason: As these drawings constitute the approved development. 02. Before any work on the site is begun, details of refuse and recycling storage areas and bins shall be submitted to and approved in writing by the planning authority. These facilities shall be completed before the development/the relevant part of the development is occupied. Reason: To ensure the proper disposal of waste and to safeguard the environment of the development. 03. Before any work on the site is begun, a details of any proposed CCTV equipment shall be submitted to and approved in writing by the planning authority. Reason: In the interest of providing a safe and secure development. 04. Before any work on the site is begun, detail of the proposed lighting scheme shall be submitted to and approved in writing by the planning authority. Reason: In the interest of providing a safe and secure development. 05. The car parking area(s) shall be suitably hard surfaced with car parking spaces (each space measuring 2.5m x 5.0m) clearly delineated on the ground and maintained in good condition. The car parking area shall be formed before the use of the Park and Ride commences.

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Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area. 06. All redundant footway crossings shall be removed and the footway(s) reinstated to match the dimensions of the existing footway(s) as soon as the access(es) serving the development is/are available for use by the occupiers of the development. Reason: In the interests of pedestrian safety. 07. Full width resurfacing of the existing footways shall be provided for the frontage of the proposed development at Aikenhead Road. Reason: In the interests of pedestrian safety. 08. Provision shall be made in the design of the development for the parking of cycles. This provision shall be in accordance with the requirements of Glasgow City Plan policy TRANS 6 Cycle Parking Standards: locations; minimum levels; safe, sheltered and secure; and in 'Sheffield' type racks. Details shall form part of the first application for approval under this planning permission in principle. The cycle parking shall be available for use in accordance with the approved drawings before the development is occupied. Reason: To ensure that cycle parking is available for the occupiers/users of the development. 09. Before any work on the site is begun, a scheme of landscaping shall be submitted to and approved in writing by the planning authority. The scheme shall include all hard and soft landscaping works, boundary treatments and a programme for the implementation/phasing of the landscaping in relation to the construction of the development. Reason: To ensure that the landscaping of the site contributes to the landscape quality and biodiversity of the area. 10. All landscaping, including planting, seeding and hard landscaping, shall be completed in accordance with the approved scheme. Reason: To ensure that the landscaping of the site contributes to the landscape quality and biodiversity of the area. 11. Before any work on the site is begun, a maintenance schedule for the landscaping scheme/open space, and details of maintenance arrangements, including the responsibilities of relevant parties, shall be submitted to and approved in writing by the planning authority. Reason: To ensure the continued contribution of the landscaping scheme/open space to the landscape quality and biodiversity of the area. 12. Any trees or plants which die, are removed or become seriously damaged or diseased within a period of five years from the completion of the development shall be replaced in the next planting season with others of similar size and species. Reason: To ensure the continued contribution of the landscaping scheme/open space to the landscape quality and biodiversity of the area. 13. Prior to the commencement of any works on site, full details including appropriate section drawings shall be submitted of the proposed boundary treatment along the span of south/side site boundary, for the written approval of the planning authority. Reason: In order to safeguard the property itself and the amenity of the surrounding area. 14. Prior to the commencement of any works on site, full details including appropriate specifications shall be submitted for any proposed lighting associated with the development, for the written approval of the planning authority.

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Reason: In order to safeguard the property itself and the amenity of the surrounding area. 15. Prior to the commencement of works on site, a copy of the SUDS maintenance schedule, as agreed by Land and Environmental Services, shall be submitted for the written approval of the Planning Authority. Reason: To attenuate drainage from the site in the interest of flood control; to keep the road free of loose material in the interests of pedestrian and vehicular safety; and to ensure that car parking is available for the occupiers/users of the development. REASON(S) FOR GRANTING THIS APPLICATION 01. 02. The proposal was considered to be in accordance with the Development Plan and there were no material considerations which outweighed the proposal's accordance with the Development Plan. The proposal was advertised as being potentially contrary to the Development Plan, however during the course of the assessment, it was considered that the proposal was compliant with the requirements of the Development Plan and was not considered significantly detrimental to residential amenity.

ADVISORY NOTES TO APPLICANT 01. The applicant should consult with Land and Environmental Services (Environmental Health) concerning this proposal in respect of legislation administered by that Service which is likely to affect this development. Construction and/or demolition work associated with this development should conform to the recommendations/standards laid down in BS5228 Part 1: 1997 "Noise and Vibration Control on Construction and Open Sites". Best Practicable Means as defined in Section 72 of the Control of Pollution Act 1974 should be employed at all times to ensure noise levels are kept to a minimum. In order to protect local residents' amenity, noise associated with construction and demolition works in residential areas should not occur before 0800 or after 1900 Monday to Friday, and not before 0800 or after 1300 on Saturdays. Noise from construction or demolition works should be inaudible at the site's perimeter on Sundays and public holidays. The planning authority should be notified of necessary works likely to create noise outwith these hours. The applicant should contact Land and Environmental Services (Roads) at an early stage in respect of legislation administered by that Service which is likely to affect this development. The applicant should consult Scottish Water concerning this proposal in respect of legislation administered by that organisation which is likely to affect this development. In particular, sustainable drainage systems (SUDS) should be designed and constructed in accordance with the vestment standards contained in "Sewers for Scotland", 2nd edition 2007. The applicant is advised that, where drainage systems including SUDS are not vested in Scottish Water, it is the applicants/developers responsibility to maintain those systems in perpetuity or to make legal arrangements for such maintenance. The applicant is reminded of the following requirements of Land and Environmental Services (Roads): a) Any persons visiting the site must not park any vehicle on the road (carriageway or footway) at the location, without full road signing submitted to Land and Environmental Services (Roads), Richmond Exchange, 20 Cadogan Street, Glasgow, for approval before programming of the works. All works must be done in accordance with the New Roads and Street Works Act 1991 and all traffic management proposals must be submitted to Land and Environmental Services (Roads), Richmond Exchange, 20 Cadogan Street, Glasgow, for approval before programming of the works.

02.

03.

04. 05.

06.

b)

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c)

Any maintenance regime for this equipment must comply with Safety at Street Works and Road Works A Code of Practice, issued by the Secretaries for Transport, Scotland and Wales under sections 65 and 124 of the New Roads and Street Works Act 1991, and Chapter 8 of the Traffic Signs Manual. It is the responsibility of the operator/contractor to ascertain whether any permit or permission will be required from the roads authority in order that work on any installation can be carried out from the road. NB - under the Roads (Scotland) Act 1984, a "road" may include a carriageway, a footway and/or a footpath (see that Act as amended by the New Roads and Street Works Act 1991 for a full definition of road).

d)

07.

The applicant is advised that, if the proposals hereby approved are altered in any way, for example as a result of obtaining any of the other statutory consents or for any other reason, they should so inform the planning authority and submit copies of the amended proposals in order that a view may be taken as to whether the alterations are material or not and whether a fresh application will be required. For your information, and in the interests of clarity please note that the relocation of advertising hoardings as identified on drawing numbered 60145796_M100-001_701 Revision G, requires to be the subject of a separate application for advertisement consent and is hereby not approved as part of this application. Before the lighting system is installed, the applicant should submit certification from a member of the Institute of Lighting Engineers, or other suitably qualified person, to the planning authority confirming that the proposed system will satisfy the requirements of the light pollution condition. Before the use commences, the applicant should, following the testing of the installed lighting system, submit certification from a member of the Institute of Lighting Engineers, or other suitably qualified person, to the planning authority confirming that the system complies with its design specification.

08.

09.

10.

for Executive Director of Development and Regeneration Services

DC/ CPE/ 25/10/2011

PLEASE NOTE THE FOLLOWING: Any Ordnance Survey mapping included within this report is provided by Glasgow City Council under licence from the Ordnance Survey in order to fulfil its public function to make available Council-held public domain information. Persons viewing this mapping should contact Ordnance Survey Copyright for advice where they wish to license Ordnance Survey mapping/map data for their own use. The OS website can be found at www.ordnancesurvey.co.uk

If accessing this report via the Internet, please note that any mapping is for illustrative purposes only and is not true to any marked scale.

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ITEM 1 (b)
PLANNING APPLICATIONS COMMITTEE
1st November 2011

Report by Executive Director of Development and Regeneration Services Contact: Ms A Russell Phone: 0141 287 6023

APPLICATION TYPE

Full Planning Permission

RECOMMENDATION Grant Subject to Condition(s)

APPLICATION SITE ADDRESS

11/01499/DC

DATE VALID

23.08.2011

Site Formerly Known As 90 Carbeth Street Glasgow

PROPOSAL APPLICANT

Formation of all weather sports pitch with floodlighting and boundary fencing. Possil Renewal Ltd Ardoch Complex Ardoch Street GLASGOW G72 5QG 16, Canal
AGENT

WARD NO(S) CONSERVATION AREA ADVERT TYPE CITY PLAN

COMMUNITY COUNCIL LISTED

02_028, Possilpark

Bad Neighbour Development Residential

PUBLISHED

2 September 2011

REPRESENTATIONS/ CONSULTATIONS Director of Land and Environmental Services: No objection subject to conditions and advisory notes. BACKGROUND This application has been brought before the Planning Applications Committee due to the Council having an interest in the land, which prevents its consideration under the scheme of delegated functions, although it is otherwise non-contentious in planning terms. SITE AND DESCRIPTION The application site is an area of derelict land which was once occupied by a school until the 1970s. The land is to the north of the Ardoch House, which was also a former school and now has offices and a sports hall operating from the premises. The site is on the corner of Carbeth Street and Bardowie Street. Access to the proposal is from the existing entrance at Ardoch Street, via the grounds of Ardoch House, where the applicant is based. The existing community leisure centre, in conjunction with the business centre and the Ardoch Childcare Centre forms the Ardoch Complex. According to the applicant, the leisure centre has 2,010 registered members of whom 600-700 use it regularly, 65% being from the G22 postcode.

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Possil Renewal, the applicant, according to their supporting statement, has operated a community leisure centre since 2000 and as such is a major provider of leisure and recreation amenities for most of the G22 postcode area. Possil Renewal has been awarded funding by The new Big Lottery fund Community Spaces together with funding from the City Councils Landfill Community Fund for the proposed sports pitch facility. Full planning permission is sought for the use of the land as an all weather sports pitch with floodlighting and fencing of 5 metres in height. The proposed pitch is to be sand tilled synthetic grass suitable for multi-sports use. It is proposed that the pitches will operate on daily basis between the hours of 0930 to 2130. The supporting statement outlines the following: There is sufficient changing room capacity and the pitch usage will be drawn from: Recreational football games; Youth diversionary activities; Sports coaching; Fitness sessions (e.g. jog club); Pre 5s activity time. This (the proposal) will allow further development of the indoor sports clubs currently using the centre to occur, i.e. Central Scotland Softball League; Scottish University Roller Hockey League; Possilpark Tae Kwon Do School; British Inline Puck Hockey Association. POLICIES DEV 2 ENV 1 TRANS 4 TRANS 6 Residential and Supporting Uses Open Space Protection Vehicle Car Parking Standards Cycle Parking Standards

SPECIFIED MATTERS Schedule 2, Regulation 16 of the Town and Country Planning (Development Management Procedures) (Scotland) Regulations 2008 require consideration of the following matters where applicable. Environmental Statement Neither the location of the proposals, nor the nature of development proposed represents criteria where an Environmental Statement would be required. Conservation (Natural Habitats & C.) Regulations 1994(a) The application site is outwith any designated areas of natural habitat and therefore, assessment under the aforementioned regulations is not required. Impact or Potential Impact of the Proposed Development Arising from the nature, scale and location of the proposed use, they do not require to be supported by any form of impact assessment.

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Section 75 Obligations There are no Section 75 obligations in this instance. Direction made by the Scottish Ministers under Regulation 30, 31 or 32 Regulation 30 (Environmental Impact Assessment), 31 restrictions on the grant of planning permission) and 32 (imposition of conditions) are not of relevance to this proposal. ASSESSMENT AND CONCLUSIONS The principal issues to be taken into account in the determination of this application are considered to be:(a) Whether the use of the land for a sports pitch at this location is acceptable; (b) Whether the proposal meets with parking and road safety requirements; (c) Whether other material considerations, including any consultations/representations are relevant to the assessment of the proposals. With regard to (a) Policy DEV 2 Residential and Supporting Uses states that: The areas designated RESIDENTIAL AND SUPPORTING USES include the Citys main housing districts. In addition to housing, they incorporate a wide range of supporting facilities such as schools, local shops, public buildings, small businesses, light industry, local community, health, social and recreational facilities and areas of green/open space. The Council will support proposals which enhance residential amenity; improve access to/from and within the areas; and preserve and enhance the integrity of the townscape, landscape and green network provision. Proposals which impact on green/open space, as defined on the Councils Glasgow Open Space map (see definition), should be assessed in the context of policies DEV 11: Green Space and ENV 1: Open Space Protection. Comment: Glasgow North is identified as a Key Regeneration Area within City Plan 2. It is recognised that Glasgow North faces social and economic challenges. Possil Renewal is one organisation working within the area, promoting the benefits of education and recreation. The proposed all weather sports pitch is a recreational facility which is an acceptable supporting use within this area, particularly at this location which is predominately mixed use. The Director of Land and Environmental Services has no objection to the proposed floodlighting or use, subject to conditions. With regard to (b), Policy TRANS 4: Vehicle Parking Standards, aims to ensure vehicle parking provision supports sustainable transport objectives. Comment: It is proposed that users of the proposed sports pitch, driving to the site, will be able to park their vehicles in the existing private car park associated with Ardoch House. The provision of 30 parking spaces is within the maximum stand for parking for a development of this size. The site is also within an area of high accessibility to public transport at peak times. With the applicant stating that 65% of the regular users of this facility are from the G22 postcode, it is anticipated that most patrons using the facility will use public transport or travel there on foot. No parking restrictions are in place surrounding this development although the east side of Ardoch Street is residential. There is sufficient space for additional car parking on Carbeth Street. City Plan 2 also requires the provision of on-site safe and secure cycle facilities. It is recommended that safe and secure facilities are installed at this location to encourage and promote cycling.

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With regards to (c) no representations or adverse consultation responses were received in connection with the proposal. Conclusion Possil Renewal is attempting to develop facilities and opportunities within the Possil area. The proposed sports pitch will complement the existing sports centre at Ardoch House and will form part of that facility if approved. Currently the land earmarked for the sports pitch offers little to the community in its present condition. The proposed use of the land as a sports pitch will enhance the appearance of the site and assist the regeneration of the Possil area. In light of the foregoing, it is recommended that conditional planning permission be granted. CONDITIONS AND REASONS 01. The development shall be implemented in accordance with drawing number(s) Location Plan Proposed All Weather Pitch and Associated Works Existing Car Parking Proposed Car Parking Section Lighting Detail (Musco Lighting) Musco Lighting Quote Proposed 5 metre High Fencing Fence and Retaining Wall Detail as qualified by the undernoted condition(s), or as otherwise agreed in writing with the Planning Authority. Reason: As these drawings constitute the approved development. 02. Light from the development shall not give rise to: (a) (b) (c) An "Upward Waste Light Ratio" (maximum permitted percentage of luminaire lux that goes directly to the sky) in excess of 15%. A "Light Into Windows" measurement in excess of 10Ev (lux). (Ev is the vertical luminance in lux.) "Source Intensity" measurement in excess of 100 Kcd (kilocandela). (Source Intensity applies to each source in the potentially obtrusive direction out of the area being lit.)

Reason: In the interests of limiting the effects of light pollution on the environment and the users of surrounding developments, and of energy efficiency. 03. Noise from or associated with the completed development (the building and fixed plant) shall not give rise to a noise level, assessed with windows closed, within any dwelling or noise sensitive building in excess of that equivalent to Noise Rating Curve 35 between 0700 and 2200, and Noise Rating Curve 25 at all other times. Reason: To protect the occupiers of dwellings or noise sensitive buildings from excessive noise.

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04.

Safe secure and sheltered cycle parking shall be provided in accordance with Policy TRANS 6 of the Glasgow City Plan. Details shall be submitted for the written approval of the Planning Authority. Written approval shall be received prior to works commencing. Reason: To enable the planning authority to monitor the implementation of the development. Reason: To ensure that cycle parking is available for the occupiers/users of the development. Reason: In order to promote cycling to work.

05.

All gates shall open inwards only and not outwards onto the public road or must be suitably recessed if outward operation is required. Any alterations to the location of gates must receive the written permission of the Planning Authority prior to works commencing. Reason: In the interests of pedestrian safety.

06.

All floodlighting shall be sited and/or shielded so as to offer no traffic hazards or distraction to vehicular traffic outside the site. Reason: In the interests of traffic safety at the locus. Reason: In order to safeguard the property itself and the amenity of the surrounding area.

07.

The use of the site for external pitch and games court purposes shall be restricted to the following hours of operation 0900 hours to 2200 hours, daily. Reason: To protect local residents from exposure to noise and disturbance at unsocial hours.

08.

Detailed drawings of the location of all fencing and walls shall be submitted for the written approval of the Planning Authority. Written approval shall be received prior to works commencing. Reason: In order to protect the visual amenity of the surrounding area.

09.

Samples of all materials shall be submitted for the written approval of the Planning Authority. Written approval shall be received prior to works commencing. Reason: In order to protect the visual amenity of the surrounding area.

REASON(S) FOR GRANTING THIS APPLICATION 01. The proposal was considered to be in accordance with the Development Plan and there were no material considerations which outweighed the proposal's accordance with the Development Plan.

ADVISORY NOTES TO APPLICANT 01. Before the lighting system is installed, the applicant should submit certification from a member of the Institute of Lighting Engineers, or other suitably qualified person, to the planning authority confirming that the proposed system will satisfy the requirements of the light pollution condition. Before the use commences, the applicant should, following the testing of the installed lighting system, submit certification from a member of the Institute of Lighting Engineers, or other suitably qualified person, to the planning authority confirming that the system complies with its design specification. Any advertisement, other than that deemed within the terms of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, to be the subject of an application for express consent.

02.

03.

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04.

The applicant is advised that, if the proposals are altered in any way from those shown on the docketed drawings, for example as a result of obtaining any of the other statutory consents or for any other reason, they should so inform the planning authority and submit copies of the amended proposals in order that a view may be taken as to whether the alterations are material or not and whether a fresh application will be required.

for Executive Director of Development and Regeneration Services

DC/ARL/s/1 24/10/2011

PLEASE NOTE THE FOLLOWING: Any Ordnance Survey mapping included within this report is provided by Glasgow City Council under licence from the Ordnance Survey in order to fulfil its public function to make available Council-held public domain information. Persons viewing this mapping should contact Ordnance Survey Copyright for advice where they wish to license Ordnance Survey mapping/map data for their own use. The OS website can be found at www.ordnancesurvey.co.uk

If accessing this report via the Internet, please note that any mapping is for illustrative purposes only and is not true to any marked scale.

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ITEM 1 (c)
PLANNING APPLICATIONS COMMITTEE
1st November 2011

Report by Executive Director of Development and Regeneration Services Contact: Mr N Rutherford Phone: 0141 287 6055

APPLICATION TYPE

Full Planning Permission

RECOMMENDATION Grant Subject to Condition(s)

APPLICATION SITE ADDRESS

11/00679/DC

DATE VALID

04.04.2011

Site At 125 - 127 Glasgow Road Garrowhill Glasgow

PROPOSAL

Demolition of existing building, erection of care home, parking and associated landscaping. Meallmore Ltd Caulfield House Cradlehall Business Park Inverness IV2 5GH 20, Baillieston Colin Armstrong Associates Per Janice Logie Lyle House, 1, Pavillion 1 Fairways Business Park INVERNESS IV2 5GH COMMUNITY 02_067, Garrowhill
COUNCIL LISTED AGENT

APPLICANT

WARD NO(S) CONSERVATION AREA ADVERT TYPE CITY PLAN

PUBLISHED

8 April 2011

Residential

REPRESENTATIONS/ CONSULTATIONS DRS Transport Planning No objections; Conditions and Advisory. No objections; Conditions and Advisory.

Land and Environmental Services (Environmental Health) -

The application was advertised in the Evening Times on 8th April 2011 and has generated 5 letters of representation. The grounds of objection may be summarised as follows: 1. 2. 3. 4. 5. The traffic generated from the application has not been assessed in respect of its impact on the surrounding roads. There is insufficient parking proposed to serve the development. Pulling the building forward to meet the established building line on Glasgow Road will prove detrimental to the landscape of the area. The nature of the care element/client group could change in the future without requiring planning permission. The construction works will result in disruption and adversely impact upon the amenity of residents.

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6. 7. 8. 9. 10. 11. 12. 13. 14.

The proposal will result in noise, smell and light pollution, detrimental to residential amenity. The proposal will result in overshadowing, exacerbated by the application site sitting above neighbouring property. The proposal will result in the removal of the boundary wall, or retention of a sub-standard wall, which is in a dangerous condition. The period for making representations is too short, which creates the impression that the Council and applicant have already agreed the proposal. The postcode of the application site will determine that the application is approved, despite the objections lodged. The proposed care home is too close to the existing boundary and properties in Bowes Crescent. The position of the bin stores, adjacent the eastern boundary, will prove detrimental to existing residential amenity. The roofing material may incorporate asbestos. There are sufficient care facilities in Baillieston.

SITE AND DESCRIPTION The application site is located on the south side of Glasgow Road, just west of the junction at Huntingtontower Road. The site measures 6,264 m2 and is the former regional offices of Henry Boot, now used as plant/yard/office. To the east of the block is open space. To the south and west there is housing at Jagger Gardens, Bowes Crescent and beyond Glasgow Road to the north. There is a parade of single-storey commercial units on the north west boundary. It is proposed to demolish the existing buildings on site and erect a care home comprising 2 blocks. The block to the front of the site facing Glasgow Road contains 62 bedrooms over 3-storeys; the block to the rear is 2storeys with 30 bedrooms. Both blocks contain ancillary support facilities, such as laundry, kitchens and offices. Vehicular access is from the existing access off Glasgow Road and the proposal incorporates 10 parking spaces. The proposed client groups are the elderly and the mentally disabled. POLICIES Glasgow City Plan 2 1. 2. 3. DEV2 RES 14 - Residential and Supporting Uses Development Policy Principle - Care in the Community Development

TRANS4 - Vehicle Parking Standards

SPECIFIED MATTERS Planning legislation now requires the planning register to include information on the processing of each planning application (a Report of Handling) and identifies a range of information that must be included. This obligation is aimed at informing interested parties of factors that might have had a bearing on the processing of the application. Some of the required information relates to consultations and representations that have been received and is provided elsewhere in this Committee Report. The remainder of the information and a response to each of the points to be addressed is detailed below.

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A.

Summary of the main issues raised where the following were submitted or carried out i. ii. iii. Iv. An environmental statement - An environmental statement has not been submitted in support of this application. An appropriate assessment under the Conservation (Natural Habitats etc.) Regulations 1994 - Not applicable to this application. A design statement or a design and access statement - A design statement has not been submitted in support of this application. Any report on the impact or potential impact of the proposed development (for example the retail impact, transport impact, noise impact or risk of flooding) - A transport statement and flood risk and drainage impact assessment have not been submitted by the applicant in support of the application.

B.

Summary of the terms of any Section 75 planning agreement Not applicable to this application.

C.

Details of directions by Scottish Ministers under Regulation 30, 31 or 32 These Regulations enable Scottish Ministers to give directions. i. With regard to Environmental Impact Assessment Regulations (Regulation 30) - No direction has been made by Scottish Ministers/Not applicable. ii. 1. Requiring the Council to give information as to the manner in which an application has been dealt with (Regulation 31) - No direction has been made by Scottish Ministers/Not applicable. Restricting the grant of planning permission - No direction has been made by Scottish Ministers/Not applicable. Requiring the Council to consider imposing a condition specified by Scottish Ministers Not applicable to this application. Requiring the Council not to grant planning permission without satisfying Scottish Ministers that the Council has considered the condition - Not applicable to this application.

2. iii. 1. 2.

ASSESSMENT AND CONCLUSIONS Section 25 of the Planning Act requires the determination of this application to be made in accordance with the provisions of the development plan, unless material considerations indicate otherwise. The site falls within a residential policy area in the City Plan. A residential care home is compatible in principle with this designation. Other material considerations may be summarised, as follows. Care in the Community Developments In terms of locational policies, the proposal provides a high level of residential amenity. It is sited within an area designated residential with high accessibility, thus providing easy access to the wider community. Furthermore, the proposal incorporates suitable open space for residents to sit out. Given that the proposals accord with the criteria set out in RES2 Residential Site Layouts, the proposal does not detract from the amenity of neighbours.

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Parking The proposal incorporates 14 car parking spaces, in excess of the TRANS 4 basic requirement of 6 spaces. In view of the operational requirements of the care home, this is justified. In response to the letters of representation the following comments are offered: 1. 2. 3. The application is not of sufficient scale to merit a Transport Assessment. The parking accords with the vehicle parking standards of City Plan 2. Pulling the front block forward by a few metres makes no difference to the impact of the landscape character of the site. Indeed, the proposal incorporates additional planting together with the retention of the existing shrub hedging along Glasgow Road. The nature of care between different client groups, such as the elderly, disabled or mentally ill, does not represent a material change and is not a valid planning consideration. Some disturbance during construction is inevitable and issues relating to the works associated with development are controlled through other legislation, or other regulatory regimes. Nonetheless, it is proposed to include a standard advisory note relating to noise and construction activity. The applicant has revised the internal configuration of the proposal. The laundry, kitchen and associated plant are now positioned on the elevation furthest from the houses in Bowes Crescent. Notwithstanding this, conditions and other regulatory regimes control these concerns. The proposal does not result in overshadowing. A condition will be imposed requesting details of perimeter fencing. Any disputes between residents and the applicant regarding the existing boundary wall is not a planning matter, but a civil issue between the respective parties. The application has been subject to the standard period for making representations. The application has been assessed against the development plan and any other relevant material planning considerations. The applicant has revised the proposal and the main component of the western elevation has been repositioned further away from the houses in Bowes Crescent. In addition, the applicant has revised the design of the northern block to provide a distance of 4.5 metres to the western boundary. There are no bedrooms overlooking adjoining residential ground on this element of the block. A condition will be imposed to ensure that the position of the bin stores do not prejudice against residential amenity. The proposal uses concrete tiles as a roofing material. The number of care homes in the area is not a valid planning consideration.

4. 5.

6.

7. 8.

9. 10. 11.

12. 13. 14.

In view of the above, it is recommended that planning permission be granted, subject to the following conditions.

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CONDITIONS AND REASONS 01. The development shall be implemented in accordance with drawing number(s): 002 D 100 D 101 D (R110) 300 (Rt11) 300 as qualified by the undernoted condition(s), or as otherwise agreed in writing with the Planning Authority. Reason: As these drawings constitute the approved development. 02. Before any work on the site is begun, a comprehensive site investigation for ground contamination shall be submitted to and approved in writing by the planning authority. The investigation shall be completed in accordance with a recognised code of practice such as British Standards Institution "The investigation of potentially contaminated sites - Code of Practice" (BS10175:2001). The investigation report shall include a risk assessment of all relevant pollutant linkages, as required by Planning Advice Note PAN 33 Revised 2000 Development of Contaminated Land. Where a risk assessment identifies any unacceptable risk or risks, it shall include a detailed remediation strategy. The approved remediation works shall be carried out prior to the commencement of development on site other than that required to carry out remediation. Reason: To ensure the ground is suitable for the proposed development. 03. All dwellings shall be designed and constructed so that noise from road traffic does not give rise to internal noise levels, with windows closed, greater than 45 dB(A) daytime and 35 dB(A) night time when measured as LAeqT. Reason: To protect residents in the development from road traffic noise. 04. Light from the development shall not give rise to: (a) An "Upward Waste Light Ratio" (maximum permitted percentage of luminaire lux that goes directly to the sky) in excess of 15% (b) A "Light Into Windows" measurement in excess of 10Ev (lux). (Ev is the vertical luminance in lux.) (c) "Source Intensity" measurement in excess of 100 Kcd (kilocandela). (Source Intensity applies to each source in the potentially obtrusive direction out of the area being lit.) Reason: In the interests of limiting the effects of light pollution on the environment and the users of surrounding developments, and of energy efficiency. 05. Before any work on the site is begun, details of refuse and recycling storage areas and bins shall be submitted to and approved in writing by the planning authority. These facilities shall be completed before the development/the relevant part of the development is occupied. Reason: To ensure the proper disposal of waste and to safeguard the environment of the development. 06. External materials shall be blockwork, render panels and concrete tiles. Samples shall be submitted to and approved by the Planning Authority in writing in respect of type, colour and texture. Written approval shall be obtained before the materials are used on site. Reason: In order to safeguard the property itself and the amenity of the surrounding area.

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07.

The following windows shall be formed with obscure glazing: the laundry, bathrooms and utility/storage/plant rooms on the western elevation of the northern block; the southern most bedrooms on the east facing elevation and the southern most bedroom on the south-facing bedrooms of the southern block. Revised drawings shall be submitted to the planning authority for approval in writing before any work on the site is begun. Reason: To protect the privacy of neighbouring residential properties.

08.

Before any work on the site is begun, a scheme of landscaping shall be submitted to and approved in writing by the planning authority. The scheme shall include hard and soft landscaping works, boundary treatment(s), details of trees and other features which are to be retained, and a programme for the implementation/phasing of the landscaping in relation to the construction of the development. Reason: To ensure that the landscaping of the site contributes to the landscape quality and biodiversity of the area.

09.

All landscaping, including planting, seeding and hard landscaping, shall be completed in accordance with the approved scheme. Reason: To ensure that the landscaping of the site contributes to the landscape quality and biodiversity of the area.

10.

Before any work on the site is begun, a maintenance schedule for the landscaping scheme/open space, and details of maintenance arrangements, including the responsibilities of relevant parties, shall be submitted to and approved in writing by the planning authority. Reason: To ensure the continued contribution of the landscaping scheme/open space to the landscape quality and biodiversity of the area.

11.

Any trees or plants which die, are removed or become seriously damaged or diseased within a period of five years from the completion of the development shall be replaced in the next planting season with others of similar size and species. Reason: To ensure the continued contribution of the landscaping scheme/open space to the landscape quality and biodiversity of the area.

12.

No development shall take place until the applicant has provided written confirmation from Scottish Water that they have technical approval and they will accept the surface water discharge from the site into their drainage network, including any proposed SUDS scheme and maintenance regime. Reason: To minimise the risk of flooding and its adverse effects.

13.

All surface water shall be treated in accordance with the principles of Sustainable Urban Drainage. Reason: In the interests of flood prevention.

14.

Before any work on the site is begun, details of perimeter fencing, secure garden areas, the position of bin storage and finished floor and road levels shall be submitted to and approved in writing by the planning authority. Reason: To enable the Planning Authority to consider this/these aspect(s) in detail.

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15.

Provision shall be made in the design of the development for the parking of cycles. This provision shall be in accordance with the requirements of Glasgow City Plan policy TRANS 6 Cycle Parking Standards: locations; minimum levels; safe, sheltered and secure; and in 'sheffield' type racks. Details shall form part of the first application for approval under this planning permission in principle. The cycle parking shall be available for use in accordance with the approved drawings before the development is occupied. Reason: To ensure that cycle parking is available for the occupiers/users of the development.

16.

The gradient of the access and parking areas shall be no greater than 10%. Reason: In the interests of pedestrian and vehicular safety.

REASON(S) FOR GRANTING THIS APPLICATION 01. The proposal was considered to be in accordance with the Development Plan and there were no material considerations which outweighed the proposal's accordance with the Development Plan.

ADVISORY NOTES TO APPLICANT 01. 02. The applicant should contact Land and Environmental Services (Roads) at an early stage in respect of legislation administered by that Service which is likely to affect this development. The applicant should consult with Land and Environmental Services (Environmental Health) concerning this proposal in respect of legislation administered by that Service which is likely to affect this development. Before the lighting system is installed, the applicant should submit certification from a member of the Institute of Lighting Engineers, or other suitably qualified person, to the planning authority confirming that the proposed system will satisfy the requirements of the light pollution condition. Before the use commences, the applicant should, following the testing of the installed lighting system, submit certification from a member of the Institute of Lighting Engineers, or other suitably qualified person, to the planning authority confirming that the system complies with its design specification. Construction and/or demolition work associated with this development should conform to the recommendations/standards laid down in BS5228 Part 1: 1997 "Noise and Vibration Control on Construction and Open Sites". Best Practicable Means as defined in Section 72 of the Control of Pollution Act 1974 should be employed at all times to ensure noise levels are kept to a minimum. In order to protect local residents' amenity, noise associated with construction and demolition works in residential areas should not occur before 0800 or after 1900 Monday to Friday, and not before 0800 or after 1300 on Saturdays. Noise from construction or demolition works should be inaudible at the site's perimeter on Sundays and public holidays. The planning authority should be notified of necessary works likely to create noise outwith these hours. The applicant should consult Scottish Water concerning this proposal in respect of legislation administered by that organisation which is likely to affect this development. In particular, sustainable drainage systems (SUDS) should be designed and constructed in accordance with the vestment standards contained in "Sewers for Scotland", 2nd edition 2007.

03.

04.

05.

06.

07.

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The applicant is advised that, where drainage systems including SUDS are not vested in Scottish Water, it is the applicant's/developer's responsibility to maintain those systems in perpetuity or to make legal arrangements for such maintenance. 08. Before any part of the development is occupied, the footway crossing onto Glasgow Road shall be reinstated in accordance with Figure 10.18 of the Roads Development Guide.

for Executive Director of Development and Regeneration Services

DC/ NRU/t/2/ 25/10/2011

PLEASE NOTE THE FOLLOWING: Any Ordnance Survey mapping included within this report is provided by Glasgow City Council under licence from the Ordnance Survey in order to fulfil its public function to make available Council-held public domain information. Persons viewing this mapping should contact Ordnance Survey Copyright for advice where they wish to license Ordnance Survey mapping/map data for their own use. The OS website can be found at www.ordnancesurvey.co.uk

If accessing this report via the Internet, please note that any mapping is for illustrative purposes only and is not true to any marked scale.

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ITEM 1 (d)
PLANNING APPLICATIONS COMMITTEE
1st November 2011

Report by Executive Director of Development and Regeneration Services Contact: Mr J Daly Phone: 0141 287 6052

APPLICATION TYPE

Full Planning Permission

RECOMMENDATION Grant Subject to Condition(s)

APPLICATION SITE ADDRESS

11/01740/DC St Timothys Primary School 41 Inveresk Street Glasgow G32 6SL

DATE VALID

22.07.2011

PROPOSAL APPLICANT

Erection of extension to school to form gym hall. AGENT Glasgow City Council Assets Management - Education Services Centenary House 100 Morrison Street

Glasgow City Council Development and Regeneration Services Project Management And Design 229 George Street Glasgow G1 1QU 02_050 - Gartcraig

WARD NO(S) CONSERVATION AREA ADVERT TYPE CITY PLAN

20 - Baillieston

COMMUNITY COUNCIL LISTED

PUBLISHED

Residential

REPRESENTATIONS/ CONSULTATIONS No representations have been received in relation to this application. BACKGROUND Planning permission is required in this instance due to the cost of development exceeding 100,000 and therefore cannot be considered to be a permitted development under Class 33 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992. Class 33 relates to development by local authorities. SITE AND DESCRIPTION The application site is located at the corner of Inveresk Street and Torphin Crescent and comprises of St Timothys Primary School. The site includes the school building which faces onto Inveresk Street and the playground facilities, a football pitch and an area of open space located to the north. The football pitch and open space occupy an elevated position in relation to the school. Trees line the boundary of the site. The school is positioned opposite commercial units with the wider area being in residential use.

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PROPOSAL The existing school building is mainly single storey, but incorporates a small second storey providing office accommodation. The school has a flat roof and is finished in brown render. The proposed gym hall is an extension to the rear elevation of the school building and will replace an area of low quality landscaping and hard surfacing. The gym hall will have a total area of 220 m, a maximum height of 6.8 metres and will have a flat roof. The gyms roofline will match the schools existing second storey. The gym hall will be finished in a mix of facing brick and cladding and incorporate a band of glazing. The glazing is functionally positioned 4.5 metres above ground level. PLANNING HISTORY There is no recent planning history to the site. POLICIES The Development Plan consists of The Glasgow and The Clyde Valley Joint Structure Plan 2008 (Fourth Alteration) and the Glasgow City Plan 2 which was adopted in December 2009. There are no policies of relevance to the assessment of the proposal in the Structure Plan. The following City Plan 2 policies are considered relevant to the assessment of the application: DEV 2 - Residential and Supporting Uses area DES 1 - Development Design Principles. RES 12 - Non Residential Development within Residential Area. SPECIFIED MATTERS Planning legislation now requires the planning register to include information on the processing of each planning application (a Report of Handling) and identifies a range of information that must be included. This obligation is aimed at informing interested parties of factors that might have had a bearing on the processing of the application. Some of the required information relates to consultations and representations that have been received and is provided elsewhere in this Committee report. The remainder of the information, and a response to each of the points to be addressed, is detailed below. A. Summary of the main issues raised where the following were submitted or carried out i. an Environmental Statement Not applicable to this application ii. an appropriate assessment under the Conservation (Natural Habitats etc.) Regulations 1994 Not applicable to this application iii. a Design Statement or a Design and Access Statement Not applicable to this application iv. any report on the impact or potential impact of the proposed development (for example the retail impact, transport impact, noise impact or risk of flooding) Not applicable to this application B. Summary of the terms of any Section 75 planning agreement Not applicable to this application

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11/01127/DC

C.

Details of directions by Scottish Ministers under Regulation 30, 31 or 32 These Regulations enable Scottish Ministers to give directions i. with regard to Environmental Impact Assessment Regulations (Regulation 30) Not applicable to this application ii. 1. requiring the Council to give information as to the manner in which an application has been dealt with (Regulation 31) No direction has been made by Scottish Ministers - Not applicable. 2. restricting the grant of planning permission No direction has been made by Scottish Ministers - Not applicable. iii. 1. requiring the Council to consider imposing a condition specified by Scottish Ministers No direction has been made by Scottish Ministers - Not applicable. 2. requiring the Council not to grant planning permission without satisfying Scottish Ministers that the Council has considered the condition. No direction has been made by Scottish Ministers - Not applicable.

ASSESSMENT AND CONCLUSIONS Section 25 of the 1997 Town and Country Planning (Scotland) Act requires the determination of this application to be made in accordance with the provisions of the development plan, unless material considerations indicate otherwise. The principal planning issues to be addressed with respect to this application are considered to be:1. whether the proposal accords with the Development Plan; 2. whether any consultations/representations received are relevant to the assessment of the proposals.

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In respect of 1 above The development plan comprises The Glasgow and The Clyde Valley Joint Structure Plan 2008 (Fourth Alteration) and the Glasgow City Plan 2 (adopted December 2009). The Structure Plan does not contain any specific policies relevant to this application. Within City Plan 2, the policies outlined above are considered to be relevant. DEV 2 - Residential and Supporting Uses The development site lies within an area covered by the Development Policy Principle DEV 2 - Residential and Supporting Uses. The policy sets out the criteria for considering development proposals affecting the Citys main housing districts and supporting uses, such as schools. The policy states that the council will support proposals which enhance residential amenity; improve access to/from and within the areas; and preserve and enhance the integrity of the townscape, landscape and green network provision. The proposed gym hall will be positioned to the rear of the existing school site and away from residential properties. It is therefore not considered to impact upon the existing streetscape or the amenity enjoyed by surrounding residential properties. Furthermore, the proposal will directly benefit the local community by enhancing the schools facilities. DES 1 Development Design Principles This policy aims to promote new development, which is designed and constructed to contribute positively towards the creation of high quality environments and sustainable places, in support of the Plans vision. The form, materials and design of the proposed gym hall are considered to be of an acceptable quality, given the proposed use and the design and position of the existing building. RES 12 - Non Residential Development within Residential Areas Policy RES 12 sets out the Councils criteria for considering the compatibility of non residential development within residential areas and ensuring that the development does not lead to unacceptable erosion in the areas residential amenity. The policy states the following: Permission will not normally be granted for uses that would generate unacceptable levels of traffic, noise, vibration, and emissions (particularly outside normal working hours) or which propose the storage of quantities of hazardous substances in close proximity to housing. Uses which prove acceptable to the Council will require to provide adequate screening for any outside storage of materials and introduce traffic mitigation measures, where appropriate, in order to preserve the amenity of the surrounding residential area. The proposed gym hall is an addition to an established school, which is an acceptable supporting use in a residential area. The gym hall will not result in any amenity or transport issues, which will negatively impact upon the surrounding residential properties. In respect of 2 above No representations have been received in relation to this application. Conclusion The proposed gym hall will enhance the schools facilities and will not impact the residential amenity of any of the surrounding properties. Therefore it is considered that the proposal is acceptable and it is recommended that planning permission be granted subject to the attached conditions.

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CONDITIONS AND REASONS 01. The development shall be implemented in accordance with drawing number(s) AL(01)03 AL(02)01 AL(03)02 AL(01)05 as qualified by the undernoted condition(s), or as otherwise agreed in writing with the Planning Authority. Reason: As these drawings constitute the approved development. 02. Samples of all external materials shall be submitted to and approved by the planning authority in writing in respect of type, colour and texture. Written approval shall be obtained before the materials are used on site. Reason: To safeguard the amenity of the surrounding Glasgow West Conservation Area. REASON(S) FOR GRANTING THIS APPLICATION 01. The proposal was considered to be in accordance with the Development Plan and there were no material considerations which outweighed the proposal's accordance with the Development Plan. ADVISORY NOTES TO APPLICANT 01. The grant of planning permission does not remove requirements under The Wildlife and Countryside Act 1981 and The Nature Conservation (Scotland) Act 1994. for Executive Director of Development and Regeneration Services

PLEASE NOTE THE FOLLOWING: Any Ordnance Survey mapping included within this report is provided by Glasgow City Council under licence from the Ordnance Survey in order to fulfil its public function to make available Council-held public domain information. Persons viewing this mapping should contact Ordnance Survey Copyright for advice where they wish to license Ordnance Survey mapping/map data for their own use. The OS website can be found at www.ordnancesurvey.co.uk

If accessing this report via the Internet, please note that any mapping is for illustrative purposes only and is not true to any marked scale.

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ITEM 1 (e)
PLANNING APPLICATIONS COMMITTEE
1st November 2011

Report by Executive Director of Development and Regeneration Services Contact: Ms K Maxted Phone: 0141 287 6057

APPLICATION TYPE

Full Planning Permission

RECOMMENDATION Grant Subject to Condition(s)

APPLICATION SITE ADDRESS

11/01852/DC 16 Kensington Gate Glasgow

DATE VALID

25.08.2011

PROPOSAL APPLICANT

Formation of access door on rear elevation of listed flat. Stephen Smart 16 Kensington Gate GLASGOW G12 9LG
AGENT

WARD NO(S) CONSERVATION AREA ADVERT TYPE

11, Hillhead Glasgow West Affecting a Conservation Area/Listed Building Residential

COMMUNITY COUNCIL LISTED

02_019, Kelvinside B

PUBLISHED

12 August 2011

CITY PLAN

REPRESENTATIONS/ CONSULTATIONS Five (5) letters of representation have been received from neighbouring residents; four letters of objection and one letter of comment. The grounds of representation are summarised below and considered later in the report. a) Co-owners of the building were not formally notified; b) The proposal affects communally owned walls; c) The applicant has not engaged with local residents since the withdrawal of the previous application; d) The applicant has understated the scope of the works; e) The applicant has listed the existing materials and not those he intends to use; f) The application is substantially the same as application 10/02723/DC which was refused permission on 30/11/2010;

g) The proposal is inferior to consents 10/00073/DC & 10/00074/DC in terms of its impact upon the structure of the building, and in the appearance of the external doorway;

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h) The external platt on consents 10/00073/DC & 10/00074/DC was conditioned in stone, it would be strange to now approve the external steps which would be finished in concrete with brick retaining walls; i) j) There already exists a common route to the rear and therefore there is no need to create a further access/egress point; The proposal is contrary to policies RES16 and DES3 and corresponding development guide DG/RES1 in so far as; The proposed proportions of the rear door would be unsympathetic and would fail to relate to the existing openings in the rear elevation and would be to the detriment of the character and appearance of the Category B listed building and the wider Glasgow West Conservation Area The proposed external finishing materials (concrete and bricks) would be detrimental to the character and appearance of the Category B listed building and the wider Glasgow West Conservation Area The proposed staircase, including railings, is detrimental to the character and appearance of the category B listed building itself and the wider Glasgow West Conservation Area. k) Generally, the proposed development will have a negative impact on 16 Kensington Gate and the surrounding area and would be an additional burden to an already overdeveloped West End area; l) Part of the proposed development would encroach into the garden thereby reducing the already limited green space within the greater West End area;

m) The plans are inaccurate in terms of existing materials and the basement layout and various other structural details; n) No details of drainage have been provided; o) Two drawings have the same number; p) The angle of the staircase is too steep. SITE AND DESCRIPTION The application site is a converted townhouse located on Kensington Gate, to the north of Victoria Circus. The application site is bounded by residential properties to the north, east, and west with private gardens to the south. The site falls within the Hillhead ward and lies within a Residential Development Policy Principle area within Glasgow City Plan 2. The broader locale contains a variety of uses including predominantly residential properties, retail and commercial premises, particularly on Great Western Road, and St. Lukes Cathedral and Notredame High School to the south. The site is Category B listed and lies within the Glasgow West Conservation Area. PROPOSAL The applicant seeks planning permission for the formation of a rear access door at sub-basement level. The door will be finished in timber and the access will rise up to garden level via 12 steps with short retaining walls 0.7 metres high. Internally, a new stair and passageway is proposed.

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This proposal is designed to mitigate the current situation in the converted townhouse whereby the residents in the flats above have a right of access through a corridor in the applicants flat as a result of the original 1950s conversion. This proposal moves the access point in order that it does not divide the applicants flat along his hallway. Instead, the access will route under the basement beneath the western most wall of the applicants flat. This allows the applicant to retain the majority of his floorspace but still allows other owners access to the rear of the property. PLANNING HISTORY 93/00872/DC Formation of rear access door. Grant subject to conditions 27/07/1993 93/01038/DC Formation of rear access door and internal alterations. Grant subject to conditions 27/07/1993 10/00073/DC External alterations to form communal rear access door to B listed building. Grant subject to conditions 01/04/2010 10/00074/DC Internal and external alterations to form communal service passage and door to B listed building. Grant subject to conditions 04/05/2010 10/02067/DC External alterations to form communal rear access door to B listed building. Withdrawn before validation 27/10/2010 10/02355/DC Internal and external alterations to form communal access passage and door to listed building. Refused 25/01/2011 10/02723/DC - External alterations to form communal access passage and door to listed building. Refused 25/01/2011 The applicant has submitted an accompanying application for listed building consent. POLICIES Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that when an application is made, it shall be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan consists of The Glasgow and The Clyde Valley Joint Structure Plan 2008 (Fourth Alteration) and the Glasgow City Plan 2 which was adopted in December 2009. There are not considered to be any relevant policies in the Structure Plan. The site lies within a Residential Policy Principle Area in the Glasgow City Plan 2. The following City Plan 2 policies are considered relevant: DEV 2 RES16 DG/RES1 DES 3 Residential and Supporting uses Alterations to Dwellings and Gardens Alterations to Dwellings and Gardens Protecting and Enhancing the Citys Historic Environment and corresponding Development Guide Design Guidance for Listed Buildings and Properties in Conservation Areas

DG/DES 3

Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty of care on the Planning Authority to have regard to the impact on the Listed Building, its setting, and any features of special architectural or historic interest it may possess. The adopted City Plan 2 includes policies to secure this, most notably DES 3 and DG/DES 3.

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Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty of care on the Planning Authority to have regard to the desirability of preserving or enhancing the character or appearance of Conservation Areas in the exercise of its responsibilities under planning legislation. The adopted City Plan 2 includes policies to secure this; most notably DES 3 and DG/DES 3. SPECIFIED MATTERS Planning legislation now requires the planning register to include information on the processing of each planning application (a Report of Handling) and identifies a range of information that must be included. This obligation is aimed at informing interested parties of factors that might have had a bearing on the processing of the application. Some of the required information relates to consultations and representations that have been received and is provided elsewhere in this Committee report. The remainder of the information, and a response to each of the points to be addressed, is detailed below. A. Summary of the main issues raised where the following were submitted or carried out i. An Environmental Statement Not applicable to this application. ii. An Appropriate Assessment under the Conservation (Natural Habitats etc.) Regulations 1994 Not applicable to this application. iii. A Design Statement or a Design and Access Statement Not applicable to this application. iv. Any report on the impact or potential impact of the proposed development (for example the retail impact, transport impact, noise impact or risk flooding) Not applicable to this application. B. Summary of the terms of any Section 75 Planning agreement Not applicable to this application C. Details of directions by Scottish Ministers under Regulation 30, 31 or 32 These Regulations enable Scottish Ministers to give directions. i. with regard to Environmental Impact Assessment Regulations (Regulation 30) Not applicable to this application ii. 1. Requiring the Council to give information as to the manner in which an application has been dealt with (Regulation 31) Not applicable to this application. 2. Restricting the grant of planning permission Not applicable to this application. iii. 1. Requiring the Council to consider imposing a condition specified by Scottish Ministers. Not applicable to this application.

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2. Requiring the Council not to grant planning permission with satisfying Scottish Ministers that the Council has considered the condition. Not applicable to this application. ASSESSMENT AND CONCLUSIONS Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that when an application is made, it shall be determined in accordance with the Development Plan unless material considerations indicate otherwise. Section 59 (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty of care on the Planning Authority to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. The principal planning issues to be addressed with respect to this application are considered to be: a) b) whether the proposal accords with the Development Plan; whether the proposals are acceptable having regard to the provisions of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 in respect of its impact on the Category B Listed Building, its setting, and any features of special architectural or historic interest it may possess. whether the proposal is appropriate having regard to the provisions of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 with respect to the development and its impact on the character and appearance of the Glasgow West Conservation Area. whether any other material considerations, such as consultations or representations, have been satisfactorily addressed in the assessment of this proposal.

c)

d)

(a) Development Plan The Development Plan consists of the Glasgow and the Clyde Valley Joint Structure Plan and the Glasgow City Plan 2. As indicated above, there are no policies of relevance to the assessment of the proposal in the Glasgow and The Clyde Valley Joint Structure Plan. DEV 2 RESIDENTIAL AND SUPPORTING USES Development Policy Principle DEV 2 of Glasgow City Plan 2 - Residential and Supporting Uses is applicable. The areas designated RESIDENTIAL AND SUPPORTING USES include the Citys main housing districts. In addition to housing, they incorporate a wide range of supporting facilities such as schools, local shops, public buildings, small businesses, light industry, local community, health, social and recreational facilities and areas of green/open space. Alterations to residential properties such as those proposed are consistent with this Development Policy Principle. Policy RES16 - Alterations to Dwellings and Gardens and corresponding Development Guide DG/RES1 Alterations to Dwellings and Gardens set out the Councils stance on access from flats to communal backcourts. The policy states that: Forming a new door to provide owners of ground floor flats with a private access to the backcourt/garden is likely to lead to an additional path being formed to the new door and informal annexation of the area of the backcourt/garden immediately adjacent. This, in turn is likely to lead to a marked reduction of the garden area available to neighbouring residents and prove detrimental to their residential amenity. The forming of such accesses, therefore, will not be supported.

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In this case, the new access will be communal, however, this will result in a situation where the existing rear access door will become private to the basement flat and the new access will be for the remainder of the residents. The rear garden ground is communal, including the area immediately outside the current communal rear access door, where there is a paved path leading to the rear gate. Therefore, approval of this application is likely to result in some informal annexation of communal garden ground to the detriment of residential amenity. However, the situation is no different from the previously approved scheme in terms of the likelihood of informal annexation of the communal garden ground. DES 3 Protecting and Enhancing the Citys Historic Environment and corresponding Development Guide Design Guidance for Listed Buildings and Properties in Conservation Areas provides guidance on the design of this application and specifically the doors, steps and internal alterations:

DG/DES 3

EXTERNAL DOORS The formation of new structural openings to provide additional doors to a property is not encouraged. The title deeds of a property may require that the agreement of other owners be obtained before a new door can be installed. Any grant of planning permission does not remove this obligation, which is a separate legal matter. In terms of this policy, the proposal is not contrary to policy, but such alterations are not actively encouraged. However, given that there were 2 consents granted in 2010 for new door to the rear of this property, the precedent is established for such a proposal in principle in the current policy context. Should Committee be minded to grant this application, an advisory note will be added concerning the requirement to seek the agreement of other owners. ENTRANCE STEPS AND EXTERNAL STAIRCASES Owners sometimes wish to form an external access to the garden of their property from the first, or second floor, via an external staircase. This is a prominent feature, and together with the resultant change to the original proportion of a window, could detract from the visual amenity and historic character of a property and the surrounding area. Such development, therefore, will generally not be supported, particularly where it involves a Listed Building or property within a Conservation Area. The formation of the doorway has already been discussed above; stairs will be required to take the access point to garden level. As the stairs go up to garden level rather than come down to meet it, they are less visually intrusive. Provided appropriate materials are used, specifically sandstone and timber, there is unlikely to be any adverse impact upon the listed building. CIRCULATION AND ACCESS Policy states that: Existing access arrangements between basements and upper floors should be preserved or reestablished. The preservation or reinstatement of circulation spaces including corridors, interior halls and landings and all associated original detailing is encouraged, with any proposed alterations to be submitted in detail for assessment.

In the assessment of this application it must be remembered that the property was not originally divided into flats. When the conversion took place, it resulted in a poor and now sub-standard layout. The basement and sub-basement levels are featureless and the amendment of the inner layout in this respect is not considered problematic.

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In respect of (b) above As discussed in relation to (a) above, the proposed development is considered acceptable having regard to the provisions of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 in respect of its impact on the Category B Listed Building, its setting, and any inherent features of special architectural or historic interest. In respect of (c) above As discussed in relation to (a) above, the proposed development is considered acceptable having regard to the provisions of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 with respect to the development and its impact on the character and appearance of the Glasgow West Conservation Area. (d) Other Material Considerations Letters of Representation Five (5) letters of representation have been received from neighbouring residents including four letters of objection. The points of objection are summarised below with appropriate comment. a) Co-owners of the building were not formally notified; Comment: When the application was initially submitted the applicant declared that they had notified neighbours on the 1st of August. Following the submission of the objections, the applicant was asked to owner notify using the appropriate forms. This was carried out and objectors confirmed they received the notification. The full period to submit representations was given from the date the owners were correctly notified. b) The proposal affects communally owned walls; Comment: The proposal does indeed affect communally owned walls. However, it is acceptable to submit an application that affects the communally owned walls provided all those owners with an interest are formally notified. This does not remove the obligation of the applicant to obtain the agreement of the owners prior to undertaking any works. An appropriate advisory note is attached. c) The applicant has not engaged with local residents since the withdrawal of the previous application; Comment: With the exception of owner notification which has been discussed above, there is no requirement for the applicant to engage with local residents as this is a local application in the hierarchy. This does not remove the obligation of the applicant to obtain the agreement of the owners prior to undertaking any works. d) The applicant has understated the scope of the works; Comment: If consent is granted, it will be on the basis of what has been approved, and will not encompass any further works which would be unauthorised. It is not clear what the objector is referring to as they have not elaborated on the comment and it is also not clear what the evidence is for this statement. e) The applicant has listed the existing materials and not those he intends to use; Comment: The existing materials have been observed on site; the proposed materials can be conditioned. f) The application is substantially the same as application 10/02723/DC which was refused permission on 30/11/2010; Comment: Application 10/02723/DC was refused for materials and the proportions of the doors. The proportions of the door have been altered and the materials can be conditioned. Therefore whilst the proposal is similar in design grounds, the previous reasons for refusal have been addressed. As such, there is no policy reason to refuse this application.

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g) The proposal is inferior to consents 10/00073/DC & 10/00074/DC in terms of its impact upon the structure of the building, and in the appearance of the external doorway; Comment: Each application must be determined upon its own merits and not upon a comparative basis with other consents. Given that the proposed door is now below the existing openings in the windows the design is in keeping with policy and is therefore acceptable. h) The external platt on consents 10/00073/DC & 10/00074/DC was conditioned in stone, it would be strange to now approve the external steps which would be finished in concrete with brick retaining walls; Comment: In line with the relevant policies, concrete would be an inappropriate material; brick is not referenced as a material although render is. In any case, the use of materials can be conditioned. i) There already exists a common route to the rear and therefore there is no need to create a further access / egress point; Comment: A common route does already exist; however, as discussed in the main body of the report, this route is through the basement flat, a situation which is far from ideal from the applicants point of view. The application seeks to alter the common route, not to add an additional common route. Whilst a private access results from this, it is not the aim of the application. The application must be assessed on its own merits, not on the basis that an access / egress point already exists. j) The proposal is contrary to policies RES16 and DES3 and corresponding development guide DG/RES1 in so far as; a. The proposed proportions of the rear door would be unsympathetic and fail to relate to the existing openings in rear elevations and would be to the detriment of the character and appearance of the Category B listed building and the wider Glasgow West Conservation Area b. The proposed external finishing materials, concrete and bricks, would be detrimental to the character and appearance of the Category B listed building and the wider Glasgow West Conservation Area c. The proposed staircase, including railings is detrimental to the character and appearance of the category B listed building itself and the wider Glasgow West Conservation Area.

Comment: Subject to the imposition of appropriate conditions, the application is considered to be in accordance with DES 3 and RES16 and corresponding development guides in respect of the above points. The materials can be conditioned, the proportions of the door are in line with the window above, and the staircase and retaining wall is considered to be of an appropriate scale. No railings are proposed. Given the alterations are to the rear, there is no impact upon the Conservation rear from a public viewpoint. Conditions concerning materials can ensure that there is no adverse impact upon the character of the listed building. k) Generally, the proposed development will have a negative impact on 16 Kensington Gate and the surrounding area and would be an additional burden to an already overdeveloped West End area; Comment: As discussed above, it is not considered that the proposed development will have a negative impact upon 16 Kensington Gate. It is unclear how this development would prove an additional burden to the West End. There is no veto on development in any area of the City, and it is accepted that householders often wish to make alterations to their properties. Further, the proposal does not add additional floorspace so it is unclear how this contributes to any perceived overdevelopment. l) Part of the proposed development would encroach into the garden thereby reducing the already limited green space within the greater West End area; Comment: Although a small area of the garden will be used for steps, it will still be garden area. Further, it will be communal. Unlike an extension, it will not result in a loss of outdoor space. There is no veto on development in any area of the City, and it is accepted that householders often wish to make alterations to their properties and there is no presumption against this in this instance or in the West End generally.

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m) The plans are inaccurate in terms of existing materials and the basement layout and various other structural details; Comment: The existing materials can be assessed on site, the structural details are not significant to the planning application and their detail can be assessed by Building Standards. The basement plans have been amended in order to remove inconsistencies in terms of the internal doors. n) No details of drainage have been provided; Comment: It is not a requirement of planning permission for this scale of proposal that this information is submitted. Building Standards regulations may require such details and this will be assessed by Building Control pending the issue of any warrant. o) Two drawings have the same number; Comment: This is not problematic; the drawings can be identified by name on any decision notice. p) The angle of the staircase is too steep. Comment: The Planning Service does not assess whether any proposal meets Building Standards. Whether the height of the steps meets regulations will be assessed through an application for a Building Warrant. CONCLUSION The proposed development complies with Policies DES3 and RES16 of City Plan 2. It does not adversely affect the character of the Category B Listed Building, its setting, and features of special architectural or historic interest it possesses. It preserves the character of the Glasgow West Conservation Area. Appropriate weighting has been given to the material considerations, namely the content of the letters of objection. In this instance, the content of the letters of objection is not considered to outweigh the proposals accordance with the Development Plan. Co-owner disputes with the implementation of any consent have to be dealt with through a separate legal process. Accordingly, it is considered that the proposal is acceptable and it is recommended that planning permission is granted subject to the following conditions. CONDITIONS AND REASONS 01. The development shall be implemented in accordance with drawing number(s) 78030/2000 Rev A 78030/2002 A 78030/2001 Rev A Proposed Rear Elevation Proposed underbuilding access details as qualified by the undernoted condition(s), or as otherwise agreed in writing with the Planning Authority. Reason: As these drawings constitute the approved development. 02. The proposed new external door shall be constructed in timber and painted black Reason: To safeguard the character of the listed building and the character of the surrounding conservation area.

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03.

The proposed door surround, platt, steps and retaining walls shall be constructed in natural sandstone. Reason: To safeguard the character of the listed building and the character of the surrounding conservation area.

04.

Natural stone shall match the original stonework in every respect including colour, geological character, texture and coursing pattern. A petrographic analysis of the original stonework and the proposed new stone shall be submitted to and approved in writing by the Planning Authority prior to the commencement of works on site. Reason: To safeguard the character of the listed building and the character of the surrounding conservation area.

05.

All repointing of exterior stonework shall match the original pointing in every respect including mix of materials, colour and thickness. Reason: To safeguard the character of the listed building and the character of the surrounding conservation area.

REASON(S) FOR GRANTING THIS APPLICATION 01. The proposal was considered to be in accordance with the Development Plan and there were no material considerations which outweighed the proposal's accordance with the Development Plan.

ADVISORY NOTES TO APPLICANT 01. The applicant is advised that the granting of planning permission does not remove him/her from the requirement to obtain the consent of adjacent landowners in respect of any access required to build, or maintain, this approved development. Such consent should be obtained prior to the commencement of works on site. The applicant is advised that no work shall be commenced to implement this permission until a Decision Notice is issued on the accompanying Listed Building Consent/Conservation Area Consent application.

02.

for Executive Director of Development and Regeneration Services

DC/ KBR/L 24/10/2011

PLEASE NOTE THE FOLLOWING: Any Ordnance Survey mapping included within this report is provided by Glasgow City Council under licence from the Ordnance Survey in order to fulfil its public function to make available Council-held public domain information. Persons viewing this mapping should contact Ordnance Survey Copyright for advice where they wish to license Ordnance Survey mapping/map data for their own use. The OS website can be found at www.ordnancesurvey.co.uk

If accessing this report via the Internet, please note that any mapping is for illustrative purposes only and is not true to any marked scale.

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ITEM 1 (f)
PLANNING APPLICATIONS COMMITTEE
1st November 2011

Report by Executive Director of Development and Regeneration Services Contact: Ms R Webster Phone: 0141 287 6049

APPLICATION TYPE

Full Planning Permission

RECOMMENDATION Grant Subject to Condition(s)

APPLICATION SITE ADDRESS

11/01861/DC

DATE VALID

24.08.2011

2 - 7 Levernside Avenue/19 - 33 Levernside Crescent/ 34 - 52 Brockburn Road Glasgow

PROPOSAL APPLICANT

External alterations to flats including installation of render cladding. GHA/Pollok Tenants Choice 27 Brockburn Road Glasgow G53 5BJ 03, Greater Pollok City Building (Glasgow)LLP Per Allan Murray 350 Darnick Street GLASGOW G21 4BA COMMUNITY 02_084, Brockburn (Inactive)
COUNCIL LISTED AGENT

WARD NO(S) CONSERVATION AREA ADVERT TYPE CITY PLAN

PUBLISHED

Residential

REPRESENTATIONS/ CONSULTATIONS One letter of objection and one petition containing 24 names have been received from neighbouring residents. The reasons for objection has been summarised below: 1. 2. Loss of private useable open space for first floor flats as a result of glazing over of existing balcony areas. Inappropriate use of materials and excessive use of security features.

No consultations were requested or required. SITE AND DESCRIPTION The application site comprises a total of seven blocks of two storey flats at 2 - 7 Levernside Avenue, 19 33 Levernside Crescent and 34 - 52 Brockburn Road. The flatted properties are terraced and are positioned around two separate backcourts. The application site is bounded by Levernside Crescent to the east and Brockburn Road to the west. Planning permission is sought for the installation of an insulated cladding system to the exterior walls of the properties as the existing rendered walls are in a poor state of repair. The cladding will be westmere spar on white, dashed with clean aggregate. Grey smooth render bands are to be located around controlled entry doors and windows.

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In addition it is proposed to remove the existing gable end porthole windows, and to install new glazed screens to ground and first floor balconies with new controlled entry doors. The glazed screens will enclose the access corridors to the two flats served by the corridor at each level. POLICIES The Development Plan consists of The Glasgow and The Clyde Valley Joint Structure Plan 2008 (Fourth Alteration) and the Glasgow City Plan 2 which was adopted in December 2009. There are no policies of relevance to the assessment of the proposal in the Structure Plan. In terms of City Plan 2, the site lies within a DEV 2 Development Policy Principle area. The following City Plan 2 policies are considered relevant to the assessment of the application: DEV 2: Residential and Supporting Uses SPECIFIED MATTERS Planning legislation now requires the planning register to include information on the processing of each planning application (a Report of Handling) and identifies a range of information that must be included. This obligation is aimed at informing interested parties of factors that might have had a bearing on the processing of the application. Some of the required information relates to consultations and representations that have been received and is provided elsewhere in this Committee report. The remainder of the information, and a response to each of the points to be addressed, is detailed below. A. Summary of the main issues raised where the following were submitted or carried out i. An Environmental Statement Not applicable to this application. ii. An appropriate assessment under the Conservation (Natural Habitats etc) Regulations 1994. Not applicable to this application. iii. A Design Statement or a Design and Access Statement. Not applicable to this application. iv. Any report on the impact or potential impact of the proposed development (for example the Retail Impact, Transport Impact, Noise Impact or Risk of Flooding. Not applicable to this application. B. Summary of the terms of any Section 75 Planning Agreement Not applicable to this application. C. Details of directions by Scottish Ministers under Regulation 30, 31 or 32 These Regulations enable Scottish Ministers to give directions. i. With regard to Environment Impact Assessment Regulations (Regulation 30). Not applicable to this application.

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ii.

1.

Requiring the Council go give information as to the manner in which an application has been dealt with (Regulation 31). Not applicable to this application.

2.

Restricting the grant of planning permission.

No direction has been made by Scottish Ministers/Not applicable. ASSESSMENT AND CONCLUSIONS Section 25 of the 1997 Town and Country Planning (Scotland) Act requires the determination of this application to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The principal planning issues to be addressed with respect to this application are considered to be:1. 2. whether the proposal accords with the Development Plan; and whether the material considerations have been addressed. This includes any consultation responses and/or representations received.

In respect of 1 above The development plan comprises The Glasgow and The Clyde Valley Joint Structure Plan 2008 (Fourth Alteration) and the Glasgow City Plan 2 (adopted December 2009). The Structure Plan does not contain any specific policies relevant to the assessment of this application. Within the City Plan, the policies outlined below are considered to be relevant. DEV 2 - Residential and Supporting Uses The development site is within an area covered by Development Policy Principle DEV 2 - Residential and Supporting Uses. The policy sets out the criteria for considering development proposals affecting the Citys main housing districts and supporting uses, such as local recreational facilities and areas of green/open space. The policy states that the council will support proposals which enhance residential amenity; improve access to/from and within the areas; and preserve and enhance the integrity of the townscape, landscape and green network provision. Comment: The proposed development complies with the requirements of DEV 2 through the improvement in the external appearance of the flatted properties in the townscape. The proposals can also been seen to enhance the residential amenity of neighbours through the improvement in the visual appearance. In respect of 2 above One letter of objection and one petition with 24 names were received and the issues raised can be summarised below: 1. Loss of private useable open space for first floor flats as a result of glazing over of existing balcony areas. Comment: The balcony areas are not classified as useable open space as they form part of the entrances to the properties. The proposals will not impact on the provision of useable garden ground of which there is provision at both the front and rear of the property. 2. Inappropriate use of materials and excessive use of security features. Comment: The proposed materials are similar to that which have been used in other sites as part of the GHA wider upgrading of housing stock. The installation of controlled entry doors to the properties is also consistent with renovations to GHA properties seen in the broader locale.

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CONCLUSION In conclusion, the proposal is considered to comply with the Residential Development Policy Principal DEV 2 of City Plan 2. Other material considerations, namely the points raised in the letters of objection, are considered to have been satisfactorily addressed and do not outweigh the proposed developments compliance with the Development Plan. Given the above, the proposal is considered acceptable and accordingly it is recommended that Planning Permission be granted subject to the following conditions. CONDITIONS AND REASONS 01. The development shall be implemented in accordance with drawing number(s): 001 - Location Plan 001 - Existing and Proposed Elevations (Levernside Crescent/Brockburn Road) 001 - Existing and Proposed Elevations (Levernside Avenue/Levernside Crescent) as qualified by the undernoted condition(s), or as otherwise agreed in writing with the Planning Authority. Reason: As these drawings constitute the approved development. 02. For the avoidance of doubt and in the interests of clarity, only the entire blocks of flats shal be the subject of alterations in accordance with this permission.

REASON(S) FOR GRANTING THIS APPLICATION 01. The proposal was considered to be in accordance with the Development Plan and there were no material considerations which outweighed the proposal's accordance with the Development Plan.

ADVISORY NOTES TO APPLICANT 01. The applicant is advised that the granting of planning permission does not remove him/her from the requirement to obtain the consent of adjacent landowners in respect of any access required to build, or maintain, this approved development. Such consernt should be obtained prior to the commencement of works on site.

for Executive Director of Development and Regeneration Services

DC/ RWB/t 26/10/2011

PLEASE NOTE THE FOLLOWING: Any Ordnance Survey mapping included within this report is provided by Glasgow City Council under licence from the Ordnance Survey in order to fulfil its public function to make available Council-held public domain information. Persons viewing this mapping should contact Ordnance Survey Copyright for advice where they wish to license Ordnance Survey mapping/map data for their own use. The OS website can be found at www.ordnancesurvey.co.uk

If accessing this report via the Internet, please note that any mapping is for illustrative purposes only and is not true to any marked scale.

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ITEM 1 (g)
PLANNING APPLICATIONS COMMITTEE
1st November 2011

Report by Executive Director of Development and Regeneration Services Contact: Mr J Daly Phone: 0141 287 6052

APPLICATION TYPE

Full Planning Permission

RECOMMENDATION Grant Subject to Condition(s)

APPLICATION SITE ADDRESS

11/01375/DC

DATE VALID

26.07.2011

Site At Tobago Street/ London Road Glasgow

PROPOSAL

Erection of residential flats (20 units), residential care home (12 Units) (Class 8) with associated staff accommodation and offices, office use (Class 4), community facility, formation of parking, access road and community garden - amendment to permission 08/03190/DC to increase community facility and alterations to community memorial garden.
AGENT

The New Housing Association Ltd 83 Green Street Glasgow G40 2TG WARD NO(S) 09, Calton
CONSERVATION AREA ADVERT TYPE CITY PLAN

APPLICANT

MAST Architects LLP 51 St Vincent Crescent GLASGOW G3 8NQ 02_037, Calton/Bridgeton

COMMUNITY COUNCIL LISTED

Bad Neighbour Development Residential

PUBLISHED

5 August 2011

REPRESENTATIONS/ CONSULTATIONS Representations No representations have been received in relation to this application. Consultations Land and Environmental Services (Parks) - No objection.

Land and Environmental Services (Environmental Health) - No objection, subject to conditions.

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SITE AND DESCRIPTION Site The application site is located on the north side of London Road between Green Street and Tobago Street and covers the site detailed in planning application 08/03190/DC. The previously approved residential flats, care home and office development are in the latter stages of construction, with the focus of this application being the memorial garden on the corner of London Road and Tobago Street. The memorial garden was formerly enclosed by a low rise wall and contained a number of trees; however the site is currently enclosed by fencing and forms part of the construction site for the residential flats and care home. The memorial garden occupies an area of 556m. Proposal This application seeks to amend the existing consent (08/03190/DC) for the erection of residential flats (20 units), residential care home (12 Units) (Class 8) with associated staff accommodation and offices, office use (Class 4), community facility, formation of parking, access road and community garden by increasing the community facility aspect of the original proposal. The community facility will be relocated from the ground floor office section of the development and into a purpose built single storey extension providing 155m of floorspace. The extension will be to the eastern elevation of the residential flats, care home and office development and will be located within the existing memorial garden. The community facility will be positioned along the northern boundary of the memorial garden, facing onto an area of landscaping. The proposed community facility will have a flat roof finished in aluminium sheets, with the elevations finished in clay blocks. The front elevation will be glazed with aluminium framed windows with a vertical emphasis. The link corridor between the office and community facility will contain the main entrance and will be finished in zinc cladding. The memorial garden will reduce in size from 556m to approximately 400m, with the remaining area upgraded with a mix of hard and soft landscaping. The hard landscaping will incorporate a memorial stone, which has been a long term feature of the garden. Planning History 08/03190/DC - Erection of residential flats (20 units), residential care home (12 Units) (Class 8) with associated staff accommodation and offices, office use (Class 4), community facility, formation of parking, access road and community garden Grant, subject to conditions and section 75. POLICIES The Development Plan consists of The Glasgow and The Clyde Valley Joint Structure Plan 2008 (Fourth Alteration) and the Glasgow City Plan 2 which was adopted in December 2009. There are no policies of relevance to the assessment of the proposal in the Structure Plan. In terms of City Plan 2, the site lies within a DEV 2 Residential and Supporting Uses. The following City Plan 2 policies are considered relevant to the assessment of the application: DEV2 DEV 11 DES 1 ENV 1 Residential and Supporting uses Green Space Development Design Principles Open Space Protection

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SPECIFIED MATTERS Planning legislation now requires the planning register to include information on the processing of each planning application (a Report of Handling) and identifies a range of information that must be included. This obligation is aimed at informing interested parties of factors that might have had a bearing on the processing of the application. Some of the required information relates to consultations and representations that have been received and is provided elsewhere in this Committee report. The remainder of the information, and a response to each of the points to be addressed, is detailed below. A. i. Summary of the main issues raised where the following were submitted or carried out an Environmental Statement

Not applicable to this application ii. an appropriate assessment under the Conservation (Natural Habitats etc.) Regulations 1994

Not applicable to this application iii. a Design Statement or a Design and Access Statement

Not applicable to this application iv. any report on the impact or potential impact of the proposed development (for example the retail impact, transport impact, noise impact or risk of flooding)

Not applicable to this application B. Summary of the terms of any Section 75 planning agreement

Not applicable to this application C. Details of directions by Scottish Ministers under Regulation 30, 31 or 32

These Regulations enable Scottish Ministers to give directions i. with regard to Environmental Impact Assessment Regulations (Regulation 30) Not applicable to this application ii. 1. requiring the Council to give information as to the manner in which an application has been dealt with (Regulation 31)

No direction has been made by Scottish Ministers - Not applicable. 2. restricting the grant of planning permission

No direction has been made by Scottish Ministers - Not applicable. iii. 1. requiring the Council to consider imposing a condition specified by Scottish Ministers

No direction has been made by Scottish Ministers - Not applicable. 2. requiring the Council not to grant planning permission without satisfying Scottish Ministers that the Council has considered the condition.

No direction has been made by Scottish Ministers - Not applicable.

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ASSESSMENT AND CONCLUSIONS Section 25 of the 1997 Town and Country Planning (Scotland) Act requires the determination of this application to be made in accordance with the provisions of the development plan, unless material considerations indicate otherwise. The principal planning issues to be addressed with respect to this application are considered to be:1. whether the proposal accords with the Development Plan; 2. whether the material considerations have been addressed. These include the consultations/representations received. In respect of 1 above The development plan comprises The Glasgow and The Clyde Valley Joint Structure Plan 2008 (Fourth Alteration) and the Glasgow City Plan 2 (adopted December 2009). The Structure Plan does not contain any specific policies relevant to this application. Within the City Plan, the policies outlined above are considered to be relevant. DEV 2 Residential and Supporting Uses The development site is within an area covered by Development Policy Principle DEV 2 - Residential and Supporting Uses. The policy sets out the criteria for considering development proposals affecting the Citys main housing districts and supporting uses, such as local community facilities and areas of green/open space. The proposed community facility is considered to be an acceptable use, which will benefit local residents and upgrade the condition of the memorial garden. The proposal will not detrimentally affect the amenity of the area and it is therefore considered to comply with City Plan 2 policy DEV 2 - Residential and Supporting Uses. The policy also sets a requirement for proposals which impact upon identified green/open space to be assessed in the context of policies DEV 11: Green Space and ENV 1: Open Space Protection. These policies are discussed further below. DEV 11 Green Space Development Policy Principle DEV 11 - Green Space sets out the criteria for considering development proposals affecting larger permanent green/open spaces serving the City and its resident population and visitors. The policy states that these areas are functionally important elements of Glasgows green infrastructure and there is a strong presumption in favour of the retention of all public and private green/open space. The memorial garden is designated as an area of open space on the Glasgow Open Space Map, however the site prior to being used for the construction of the residential flats and care home development was underused and of a low landscaping quality. The proposed community facility and landscaping are considered to be of a high quality design and materials and are enhancements to the memorial garden, its use and interpretation, and the wider area. Given the above the proposal is considered to comply with City Plan 2 policy DEV 11 - Green Space. DES 1 Development Design Principles This policy aims to promote new development, which is designed and constructed to contribute positively towards the creation of high quality environments and sustainable places, in support of the Plans vision.

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The design and materials of the proposed community facility (as described above) are considered to be of a high quality, and are commensurate with the residential flats, care home and office development granted as part of planning application 08/03190/DC. The massing and form of the community facility is appropriate and will ensure that the building is not overly dominant in relation to the remaining memorial garden. The landscaping for the memorial garden is also considered to be of an acceptable quality and design. The proposal is considered to significantly enhance the appearance of the area, and as such complies with City Plan 2 policy DES 1 Development Design Principles. ENV 1 Open Space Protection The policy aims to ensure that areas of formal and informal open space are protected from inappropriate development, in order to maintain or enhance the quality of life, health, well being and amenity of the communities they serve and also promote sustainability and biodiversity. The policy states that there is a strong presumption in favour of the retention of public open space; however it acknowledges that flexibility is required within areas of change. This flexible approach is intended to ensure that sustainable neighbourhoods and places are created and it is considered to be relevant to this application given the extent of development granted as part of planning application 08/03190/DC. Furthermore, the proposed community facility and landscaping to the memorial garden are considered to be of high quality design and materials, which will better serve the local community than the pre-development memorial garden. Given the above the proposal is considered to comply with City Plan 2 policy ENV 1 Open Space Protection. In respect of 2 above No letters of representation or objections have been received in relation to this application. CONCLUSION In conclusion, the proposals are in accordance with the development plan and it is recommended that planning permission be granted subject to conditions detailed below. CONDITIONS AND REASONS 01. The development shall be implemented in accordance with drawing number(s): 01 6Q 8741 L(20)410 L(20)415 L(20)420 as qualified by the undernoted condition(s), or as otherwise agreed in writing with the Planning Authority. Reason: As these drawings constitute the approved development. 02. Samples of all external materials shall be submitted to and approved by the planning authority in writing in respect of type, colour and texture. Written approval shall be obtained before the materials are used on site. Reason: In order to safeguard the property itself and the amenity of the surrounding area. Reason: To enable the Planning Authority to consider this/these aspect(s) in detail.

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REASON(S) FOR GRANTING THIS APPLICATION 01. The proposal was considered to be in accordance with the Development Plan and there were no material considerations which outweighed the proposal's accordance with the Development Plan.

ADVISORY NOTES TO APPLICANT 01. 02. The applicant should consult with Land and Environmental Services concerning this proposal in respect of legislation administered by that Service which may to affect this development. Construction and/or demolition work associated with this development should conform to the recommendations/standards laid down in BS5228 Part 1: 1997 "Noise and Vibration Control on Construction and Open Sites". Best Practicable Means as defined in Section 72 of the Control of Pollution Act 1974 should be employed at all times to ensure noise levels are kept to a minimum.

for Executive Director of Development and Regeneration Services

DC/JDL/s 18/10/2011

PLEASE NOTE THE FOLLOWING: Any Ordnance Survey mapping included within this report is provided by Glasgow City Council under licence from the Ordnance Survey in order to fulfil its public function to make available Council-held public domain information. Persons viewing this mapping should contact Ordnance Survey Copyright for advice where they wish to license Ordnance Survey mapping/map data for their own use. The OS website can be found at www.ordnancesurvey.co.uk

If accessing this report via the Internet, please note that any mapping is for illustrative purposes only and is not true to any marked scale.

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ITEM 1 (h)
PLANNING APPLICATIONS COMMITTEE
1st November 2011

Report by Executive Director of Development and Regeneration Services Contact: Mr B Greenock Phone: 0141 287 6028

APPLICATION TYPE

Full Planning Permission

RECOMMENDATION Grant Subject to Condition(s)

APPLICATION SITE ADDRESS

11/01234/DC

DATE VALID

21.06.2011

Site At Riverside Walkway Between McAlpine Street/York Street On Broomielaw Glasgow

PROPOSAL

Erection of four 2-storey pavilion structures incorporating Class 3 (Food & Drink), Public House (sui generis) and ancillary Class 1 (Shops) use(s) plus associated external seating areas at ground and first floor levels, access, servicing, public realm works, ground engineering and connection to public sewers; plus the use of the adjacent public realm for outdoor events. GD Lodge Architects Empire House 131 West Nile Street GLASGOW G1 2RX COMMUNITY 02_031, Anderston
COUNCIL LISTED AGENT

Capella Developments (Broomielaw) Ltd 6-7 Blythswood Square Glasgow G2 4AD WARD NO(S) 10, Anderston/City
CONSERVATION AREA

APPLICANT

Central Area

ADVERT TYPE

Affecting a Conservation Area/Listed Building Bad Neighbour Development

PUBLISHED

1 July 2011

CITY PLAN

Principal Office Area (DEV6)

REPRESENTATIONS/CONSULTATIONS Land and Environmental Services (Cleansing and Public Health) - recommended conditional approval. Land and Environmental Services (Roads) - recommended conditional approval. Land and Environmental Services (Strategic Flooding Manager) - recommended conditional approval. Scottish Water - raised no objection. Scottish Power - raised no objection. Scottish Environmental Protection Agency (SEPA) - raised no objection.

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Clyde Port Authority raised no objections. Strathclyde Partnership for Transport (SPT) raised no objection subject to a suitable Legal Agreement. Historic Scotland - raised no objections. Scottish Natural Heritage (SNH) - raised no objections. West of Scotland Archaeology Service (WoSAS) - raised no objections. Architecture and Design Scotland (A+DS) - objection. Glasgow Urban Design Panel (GUDP) objection. The proposal was advertised in the Evening Times and the Edinburgh Gazette on 1 July 2011 as affecting a conservation area and as potential bad neighbour development 12 letters of objection were received. Representations were received from Bailie Dr Nina Baker (Ward 10, Andertson/City) who raised issues in relation to the size and visual impact of the pavilions at this location, the use of external bin stores together with the quality of the elevations which front the Broomielaw. The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 The proposed development was Screened under the EIA Scotland Regulations and was not considered to constitute EIA development hence an Environmental Impact Assessment was not required in this instance GCC Screening reference 10/02265/DC; issued 25 October 2010. SITE AND DESCRIPTION The application site lies within the City Centre, occupying a 240 metre stretch of Broomielaw Quay, which has been subject to various re-development and landscaping works since the closure and migration of the Citys traditional port operations from the upper harbour in the 1970s. This culminated in the removal of the large two storey riverside sheds which traditionally occupied the upper harbours north bank, including Broomielaw Quay and this began to alter the City Centres relationship with its river, not least through an increase in public access/use. The site forms part of the Citys Principal Office Area and lies adjacent to Glasgows establishing International Financial Services District (IFSD). This section of the Rivers north bank also lies within the boundaries of the Central Outstanding Conservation Area and the Clyde Waterfront forms part of the National Cycle Network (NCR 75), with the Broomielaw providing an amenity for adjacent office occupiers and residents. Broomielaw Quay also provides new pontoon new facilities aimed at supporting a planned seasonal river waterbus service and visiting vessels to the Clyde's (upper harbour). The site itself is not designated as open space but is considered to be environmentally sensitive in land use planning terms, given its urban setting with the River Clyde carrying a local environmental designations under City Plan 2 as a City-wide SINC and Green Corridor. In spatial terms the site lies within an area of the river which, despite the economic down-turn has seen a focused programme of Public Sector led environmental improvements encompassing Broomielaw Quay and the south bank at Tradeston (GCC planning references: 04/01428/DC and 07/01349/DC). This programme of works has included the re-building of quay walls, enhanced flood defence measures, the installation of high quality hard and soft landscaping; which incorporated a route reservation for Clyde Fastlink and the construction of a new pedestrian footbridge, designed to increase connectivity and enhance Broomielaw/Tradeston as a visitor destination within the City.

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Background The Broomielaw/Tradeston masterplan identified the need and importance of new cross river connections and an improved riverside side public realm in supporting the proposed regeneration of Tradeston and Broomielaw Quay. The City Council also recognised that the IFSD itself lacked the necessary ancillary facilities such as food service provision to support such an important emerging Business location and experience elsewhere in the UK had shown the importance of such ancillary facilities. The Broomielaw Quay proposals therefore include such food service pavilions, however, the original design was amended following the conclusions of a Council study into the optimum design to maximise the developments marketability. A competitive submission identified the current proposals by Capella Developments (Broomielaw) Limited as the preferred development option from two submitted schemes in terms of scale and impact on the public realm and the Council has since entered into a Development agreement with Capella and agreed conditions for a lease of the ground for the Pavilions development. Proposal The proposal involves the incorporation of 4 x 2 storey riverside pavilions into the newly landscaped Broomielaw Quay; designed to provide approximately 3192 square metres of speculative commercial floor space for caf/restaurant and ancillary retail uses. The pavilions; identified as A, B, C and D run east west along the quayside and vary in terms of their building footprint/gross floor area with pavilion D the largest (see schedule of pavilion areas below). Each has an irregular rectilinear plan-form and is laid out following the natural curvature of the quayside at this location. The proposal involves a bold architectural approach which incorporates a palette of materials that includes aluminium shingle cladding; aluminium framed proprietary curtain walling with clear double glazed solar performance glazing on the south, east and west elevations; glass balustrades to first floor terraced balconies; selective opaque glass spandrel panels; insulated metal composite panels on secondary elevations and built-up standing seam aluminium roofs and wall cladding stucco embossed finish. Schedule of Pavilion Areas Gross Pavilion A Ground Floor First Floor Total Pavilion B Ground Floor First Floor Total Pavilion C Ground Floor First Floor Total Pavilion D Ground Floor Unit D1 Unit D2 First Floor Unit D1 Unit D2 Total 365sqm 373sqm 738sqm 377sqm 406sqm 783sqm 329sqm 354sqm 683sqm 499sqm 528sqm 1027sqm Nett 318sqm 317sqm 635sqm 316sqm 346sqm 662sqm 267sqm 294sqm 561sqm 219sqm 197sqm 235sqm 207sqm 858sqm Quay Side Terrace 37sqm 37sqm 66sqm 66sqm 66sqm 66sqm 45sqm 45sqm 90sqm Upper Terrace 99sqm 99sqm 139sqm 139sqm 138sqm 138sqm 87sqm 43sqm 130sqm

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The proposed development is being seen by the prospective applicant and the City Council; which is a joint venture partner, as a new food and drink visitor destination which seeks to compliment the City Centre/IFSD and will form the final phase in the revitalisation of Broomielaw Quay. The inclusion of commercial riverside pavilions had already been envisaged in the approved Broomielaw/Tradeston masterplan; albeit Broomielaw Quay's newly-created riverside public realm will require to be heavily modified. The developments highly distinctive architectural form is also intended to help reinforce the development as a visitor destination while complimenting and or enhancing Broomielaw's establishing building hierarchy. The form and position of the pavilions along the quayside has been heavily dictated by commercial and design objectives; not least the level of floor space required to make the scheme financially viable and a desire to maximise the pavilions opportunity for external riverside seating. In addition the site presents a number of constraints and these are outlined within the applicants design statement and are examined in the assessment section below. Key among these has been the schemes impact on Broomielaws emerging townscape character, the areas established pedestrian and vehicle movement patterns including the future operation of Clyde Fastlink (recently awarded Scottish Government funding); use of the National Cycle Route (NCR 75); pedestrian access along the riverside and access to the new Broomielaw Quay pontoon. The development will involve both the removal and remodelling of areas of the existing public realm together with new localised traffic, pedestrian and cycling management measures and the provision of all necessary utilities. Any affected areas of hard and soft landscaping will either be re-used in the new public spaces being formed between the pavilions, recycled or relocated to a nursery. The existing riverside walkway and national cycle route shall be retained albeit reduced in width ranging from a maximum of 7.8 metres to a min width of 3.4 metres to accommodate the desire for external seating areas in front of the pavilions. Existing north/south pedestrian crossing points between the River and neighbouring IFSD, including access to the new pedestrian footbridge will be unaffected or enhanced where possible and the existing Fastlink Way; a segregated carriageway design to accommodate Clyde Fastlink will be protected. Emergency access to the Broomielaw Pontoon will also be safeguarded. As a result future servicing of the pavilions will require to be undertaken directly off the Broomielaws south carriage way, although this will require an amendment to the existing Traffic Regulation Order (TRO) and selective alterations to the existing Clyde Fastlink medium strip/central reservation. However given the construction programmes being envisaged for both Fastlink and the pavilions, plus the timeframe for promoting a revised (TRO) use of the Fastlink Way for servicing on an interim basis is acceptable to the Planning Authority. No engineering/works to the quay walls is being envisaged having already been upgraded as part of recent public realm works. While the four 2 storey pavilions vary in length they have been arranged along the quayside so as to maintain established views of the river from Carrick Street, Brown Street and James Watt Street although the view down York Street will be obscured. Each pavilion incorporates a first floor terraced balcony, which will afford elevated views of the river and this terrace feature physically links the two central pavilions B&C; while returning onto the gables of terraces D and A. Useable areas of public space will be formed between each pavilion incorporating hard and soft landscaping and seating; with finalised designs covered by a landscaping condition. The required back-of-house facilities, kitchens/toilets etc are located at rear of the units; on those elevations fronting the Broomielaw, however, further design revisions has now introduced a greater level of glazing in these areas. All required kitchen flues are internalised and will terminate at roof level and any required plant will be located in a rooftop pits hidden from view. Bin storage and recycling facilities will also be located internally within each of the Pavilions serviced from the existing Fastlinkway. POLICIES The Glasgow and the Clyde Valley Joint Structure Plan 2008 Strategic Aims Strategic Vision Strategic Policy 1 - Strategic Development Locations Strategic Policy 3 - Strategic Management of Travel Demands Strategic Policy 4 - Strategic Transport Network Strategic Policy 5 - Competitive Economic Framework Strategic Policy 7 - Strategic Environmental Resources Strategic Policy 9 Assessment of Development Proposals

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Glasgow City Plan 2 The Vision Strategic Development Policy STRAT 1 Design and Sustainable Development Strategic Development Policy STRAT 2 Spatial Priorities Strategic Development Policy STRAT 3 Delivery Development Policy Principle DEV 6 - Principal Office Area (City Centre) Policy DES 1 - Development Design Principles Policy DES 2 - Sustainable Design and Construction Policy DES 3 - Protecting and Enhancing the Citys Historic Environment Policy DES 4 - Protecting and Enhancing the Citys Natural Environment Policy DES 5 - Development and Design Guidance for the River Clyde and Forth and Clyde Canal Corridors Policy DES 6 - Public Ream and Lighting Policy DES 8 - Signs and Advertising Policy DES 12 - Provision of Waste and Recycling Space Policy SC 11 - Food, Drink and Entertainment Uses Policy TRANS 1 - Transport Route Reservations Policy TRANS 2 - Development Locational Requirements Policy TRANS 4 - Vehicle Parking Standards Policy TRANS 5 - Providing for Pedestrians and Cycling in New Development Policy TRANS 6 - Cycle Parking Standards Policy TRANS 8 - Developer Contributions - Transport Infrastructure Policy ENV 1 - Open Space Protection Policy ENV4 - Sustainable Urban Drainage Policy ENV 5 - Flood Prevention and Land Drainage Policy ENV 7 - National, Regional and Local Environmental Designations Policy ENV 10 - Access Routes and Core Path Network ASSESSMENT AND CONCLUSIONS SPECIFIED MATTERS Planning legislation now requires the planning register to include information on the processing of each planning application and identifies a range of additional information that must be included. This obligation is aimed at informing interested parties of factors that might have had a bearing on the processing of the application. Some of the required information relates to consultations and representations that have been received and this is provided in this report; as outlined below. A. Summary of the main issues raised where the following were submitted or carried out. i. an Environmental Statement. Comment:- Not applicable to this application. A Screening Opinion was adopted by the Planning Authority on 25 October 2010 confirming that an EIA was not required for the proposal GCC reference: 10/02265/DC. ii. an appropriate assessment under the Conservation (Natural Habitats etc) Regulations 1994. Comment:- Not applicable to this application. iii. a Design Statement or a Design and Access Statement. Comment:- A Design Statement was submitted with the application.

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iv.

any report on the impact or potential impact of the proposed development (for example the retail impact, transport impact, noise impact or risk of flooding). Comment:- A drainage and statement on flooding has been submitted with the application. The proposal does not represent an increased flood risk to the River Clyde catchment. The application site is both adjacent to the River Clyde and is within an area currently identified as likely to flood during a design flood event. Consequently the proposed finished floor level for the pavilions has been set at 6.0m AOD which complies with appropriate design level of 6.0m AOD for new development as specified in City Plan 2: Part 4 Development Guides DG/ENV6: River Clyde Flood Management Strategy Development Guidance. It is further recommended that the applicant considers the use of water resistant materials and construction methods as outlined in Planning Advice Note 69 (PAN 69): Planning and Building Standards Advice on Flooding. The top of the existing quay wall is at a height is 5.5m AOD; lower than the design flood level of 6.0m AOD as specified in the above noted documents and as such the applicant will be required to submit a flooding statement which outlines appropriate flooding defence measures including the incorporation of early warning systems and suitable escape routes from the buildings.

B.

Summary of the terms of any Section 75 Planning Agreement. Comment:- Not applicable to this application.

C.

Details of directions by Scottish Ministers under Regulation 30, 31 or 32. These Regulations enable Scottish Ministers to give directions. i. with regard to Environmental Impact Assessment Regulations (Regulation 30). Comment:- Not applicable to this application. ii. 1. requiring the Council to give information as to the manner in which an application as been dealt with (Regulation 31) Comment:- Not applicable to this application. 2. restricting the grant of planning permission Comment:- Not applicable to this application. iii. 1. requiring the Council to consider imposing a condition specified by Scottish Ministers. Comment:- Not applicable to this application. 2. requiring the Council not to grant planning permission without satisfying Scottish Ministers that the Council has considered the condition. Comment:- Not applicable to this application.

Sections 25 and 37 of the Principle Planning Act require that planning applications be determined in accordance with the provisions of the Development Plan unless material considerations indicate otherwise. Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty of care on the Planning Authority in the exercise of its planning functions to have due regard to the desirability of preserving or enhancing the character or appearance of the Central Conservation Area.

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The principle planning and environmental issues to be addressed with respect to this application are considered to be:1. 2. 3. Whether the proposal accords with the relevant provisions of the Development Plan; Whether the proposals preserve or enhance the character or appearance of the Central Outstanding Conservation Area; and Whether all other material considerations have been addressed. These consultations/representations received from the consultation bodies and third parties. include

In respect of 1 above: The Development Plan comprises the Glasgow and the Clyde Valley Joint Structure Plan 2008 (fourth alteration) and the Glasgow City Plan 2. The Glasgow and the Clyde Valley Joint Structure Plan 2008 The approved Structure Plan is founded on and takes full account of all appropriate national planning policy guidance and contains a range of provisions associated with the economic, social and environmental regeneration of the Clyde Waterfront. A strategic vision and joint commitment for Glasgow City Centre/Clyde Waterfront as a Metropolitan Flagship Initiative themed on strengthening communities, developing economic growth along the river corridor and establishing a green network, among other things, is supported by four strategic aims to:(i) increase economic competitiveness;

(ii) promote greater social inclusion and integration; (iii) sustain and enhance the natural and built environment; and (iv) integrate land uses and transportation. The targets set for these aims for the next 20 years or so are both wide-reaching and area specific. Of relevance to this proposal are Strategic Policies 1, 3, 4, 5, 7 and 9: Strategic Policy 1 (a) identifies Glasgow City Centre as a Town Centre Renewal Priority. Strategic Policy 3 (a) requires the selection of sustainable locations for development which reflects their function and relative transport accessibility having regard to the specific requirements set out in Schedule 3(a). Strategic Policy 4 emphasises the integral importance of strategic walkways and cycleways in the sustainable development of the Clyde Waterfront. Strategic Policy 5 (a) and (e) promotes the Glasgow City Centre as Strategic Business Centre and Tourism Development Area. Strategic Policy 7 promotes the protection and enhancement of Strategic Environmental Resources including the Central Glasgow Outstanding Conservation Area considered an International Resource.

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Strategic Policy 9 covers the assessment of development proposals; which to accord with the Structure Plan are required to satisfy the criteria outlined in A (i)-(v), B(i)-(ix) and C(i)-(vi). Comment:- The proposal is considered to accord with the relevant strategic policies of the Structure Plan and the specific assessment criteria outlined under strategic policy 9. The proposal is seen as contributing to the regeneration and renewal of the City Centre and the Clyde Waterfront at this location; more specifically the Broomielaw/IFSD; which has been as a major focus for office and housing investment in the City Centre. The introduction of food and drink and retail uses in the form of riverside pavilions is consistent with the local development strategy for Broomielaw Quay; which has seen phased Council investment in public realm/infrastructure works including quay wall improvements, increased flood defence, a new footbridge, linking Tradeston and Broomielaw plus the formation of a segregated carriageway to accommodate Clyde Fastlink. This strategy is designed to increase the economic competitiveness of the City Centre/ISFD, enhancing the Citys image and the character of the Central Conservation Area of which the site forms part and the vitality of the Broomielaw Quay as a riverside destination. Glasgow City Plan 2 Development Policy Principle DEV 6 - Principal Office Area (City Centre) The application site is situated within an area covered by Development Policy Principle DEV 6 - Principal Office Area (City Centre). The area designated Principal Office Area (City Centre) lies within Glasgow City Centre and contains the Citys largest concentration of office floorspace. In order to support the areas strategic office function and capitalise on its high accessibility, the Council will continue to promote the POA as the preferred location for high density business-class developments involving office floorspace. The Council will seek to maintain and improve the quality of the POA by encouraging the redevelopment and refurbishment of obsolete office floorspace and supporting proposals that improve accessibility and maximise employment opportunities, subject to other policies of the Plan. Uses that complement the office function and extend activity outwith office hours will generally be encouraged where these accord with local circumstances and other relevant policy and development guidance. Comment:- The proposal generally accords with the provisions of DEV 6 above; being seen as providing complimentary commercial/leisure uses which support the areas principle office function. Policy DES 1 Development Design Principles This policy aims to promote new development which is designed and constructed to contribute positively towards the creation of high quality environments and sustainable places, in support of the Plans vision. It sets out criteria that urge the design, layout, access and hierarchy of new built form to reinforce existing urban form. The policy requires applicants to consider the design, accessibility, health and safety, open space, drainage, waste and recycling and layout and materials of new development. Comment:- The proposal is considered to generally accord with the provisions of policy DES 1. Policy DES 2 Sustainable Design and Construction This policy aims to ensure that the development and regeneration of the City is undertaken in a manner that embraces the principles of sustainable design and construction, thereby helping deliver sustainable development. The Council will require development proposals to demonstrate their contribution towards achieving sustainable design and construction.

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Comment:- The pavilions will be highly insulated and carefully detailed in accordance with current Technical Standards to ensure maximum thermal performance and minimum air leakage. In response to the sites orientation and amenity, large areas of glazing are located on the south, east and west elevations of the buildings. High performance, clear, solar control glass will be installed in these locations to provide good thermal performance and maximise daylight but mitigate against solar gain. The pavilions themselves have been designed initially as shell structures and a Tenants Handbook will encourage a sustainable approach to all fit outs. While the development will require the removal of existing hard and soft landscape features; granite sets, street furniture etc will either be re-used on site, recycled or transplanted to a City nursery, a suitable condition covering this aspect of the proposal has also been attached. This loss is further compensated be the reintroduction of selective soft landscaping and trees. The development has been designed to address flood risk associated with the sites riverside location both on and off-site; with buildings set at 6.0 metres AOD and will incorporate Sustainable Drainage Systems (SUDS). No quayside wall works are proposed and appropriate steps will be taken to protect the neighbouring River Clyde Watercourse from pollution. The pavilions will also incorporate suitable waste storage and recycling facilities. Policy DES 3 - Protecting and Enhancing the Citys Historic Environment This policy aims to preserve and enhance the character and appearance of the City's conservation areas and protect their settings, to protect the special architectural and historic interest of the Citys listed buildings, to protect ancient monuments and their settings and to protect and preserve archaeological remains. Proposals for new development in, or affecting the setting of, a conservation area, must:preserve and enhance the special character and appearance of the area, respect its historic context and have regard to the historic plans of the area; be of a high standard of design, respecting the local architectural and historic context and use materials appropriate to the historic environment; protect significant views into, and out of, the area; retain all existing open space, whether public or private, which contributes positively to the historic character of the area; and retain trees which contribute positively to the historic character of the area. Comment:- The proposal is considered to accord with the provisions of policy DES 3 above. The Broomielaw quayside has been included within the boundaries of the Central Outstanding Conservation Area because of its historical context associated with the growth and development of the City and as local amenity open space. Proper consideration has been given to the scale and appearance of the pavilions and their likely visual/physical impact on the form and function of the quayside both at city-wide and local scale. The proposals are felt to enhance key view corridors, including Broomielaw, the Kingston Bridge and the approach into Central Railway Station. The pavilions reflect; to a degree the historic riverside sheds which formally occupied the quay side; working within the constraints afforded by its existing urban context, which included the need to maintain views of the river from neighbouring streets and existing public access, albeit the scheme will impact on use of the quayside by pedestrians and cyclists. Policy DES 4 - Protecting and Enhancing the Citys Natural Environment This policy aims to ensure that all developments have a strong landscape framework which improves and enhances the setting and visual impact of the development, unifies urban form and architectural styles, provides shelter, creates local identity and promotes biodiversity. Where development is acceptable, in principle, proposals will require to:respect the landscape character and amenity of the area and maintain local diversity and distinctiveness, including natural and built heritage and cultural features of landscape and biodiversity value such as designed landscapes, woodland, hedgerows, ponds, stone walls and historical sites.

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enhance landscape characteristics where they have been weakened and need improvement, and create new landscapes where there are few existing facilities; provide high quality landscape proposals that are integral to the overall development design; incorporate open space provision in line with policy ENV2: Open Space and Public Realm Provision, and also open space relating to any sustainable drainage solution required for the site or area (see policy ENV4: Sustainable Drainage Systems (SUDS)); and demonstrate, to the satisfaction of the Council, that best practice guidance on pollution prevention from SEPA and other appropriate agencies has been used with regard to protection of the natural environment and the quality of the air, water and other systems that support life (see policies TRANS 9: Air Quality; ENV 5: Flood Prevention and Land Drainage, ENV 6: Biodiversity, ENV 12: Development of Brownfield Land and Contaminated Sites and ENV 17: Protecting the Water Environment. Comment:- The proposal is considered to generally accord with the provisions of Policy DES 4 above, in so far as this relates to the inclusion of new contemporary building forms, within the river corridors wider landscaped/urban setting, aimed at creating local distinctiveness and a sense of place. The scheme has sought to integrate the four pavilions within the quaysides existing landscapes having regard to local townscape characteristics and pedestrian and vehicle movement patterns, albeit this will require to be heavily modified and involve a net loss of amenity open space. Policy DES 5 - Development and Design Guidance for the River Clyde and Forth and Clyde Canal Corridors This policy aims to protect and enhance the function and character of the River Clyde and Canal Corridors by supporting developments which, as appropriate, provide public access to, from and along the River and Canal, protect and enhance existing prominent views and promote community, leisure and recreational activities on and beside the water. Development proposals along the whole length of the River Clyde will be considered against a range of development, urban design, access and environmental criteria and other relevant policies of the Plan. Comment:- The proposed development is considered to satisfy the majority of these assessment criteria however a relaxation of policy covering access along the waterside is being supported in this particular instance. Given the range of site constraints and commercial necessity to form external seating areas; the proposed development cannot maintain a minimum walkway/cycle way width of 6 metres, once external seating areas are introduced in front of the four pavilions. Policy DES 6 - Public Realm and Lighting This policy aims to create the highest possible quality of public realm, designed to take account of people with visual and/or mobility impairments. It is also aimed to ensure that the design of lighting schemes minimises light pollution, does not impact on the amenity of neighbours and, in relation to architectural lighting installations, protects and enhances architectural and townscape quality. The policy contains a range of design criteria and technical standards which apply to proposals involving public realm works including street furniture and lighting. Comment:- The proposals are considered to accord with the provisions of policy DES 6 above. The scheme seeks to work within the existing public realm scheme for Broomielaw Quay albeit large sections of hard and soft landscaping will require to be heavily modified or removed. However new public spaces will be formed between each of the pavilions, in a manner consistent with the design criteria/technical requirements outlined under DES 6. Suitable conditions have been attached covering the detailed design of these areas.

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Policy DES 8 - Signs and Advertising This policy aims to ensure that signs and advertising are displayed without detracting from visual amenity or compromising public safety. It contains a range of assessment criteria designed to mitigate the impact of signage proposals on visual amenity and public safety; with further design guidance outlined in associated Development Guide DG/DES 1. Comment:- Signage zones have been identified as part of the current proposals however these will require to be the subject of further consideration. Tenants signage will form part of a tenant handbook which will control a range of design and operational features however future tenants will still require to formally obtain express consent to display advertisement covering their signage proposals. Policy DES 12 - Provision of Waste and Recycling Space This policy aims to ensure that appropriate and well designed provision is made within all new developments for waste storage, recycling and collection, all to assist the Scottish Government to meet its waste management targets. All new developments must include appropriate and well designed provision for waste storage, recycling and collection. All waste/recycling areas must be located discreetly, so as to have no adverse visual impact or cause traffic/noise nuisance to neighbours. Applicants must provide full details of the provision in the initial submission for planning permission. Comment:- The proposal includes the provision of discrete internal bin stores of a size/capacity and location capable of serving the needs of prospective tenants. A suitable condition covering this aspect of the proposals has also been attached. Note: refuse vehicles will be allowed to service the development via the existing Fastlink Way subject to inclusion in future Traffic Regulation Order (TRO) governing the operation of Clyde Fastlink. Policy SC 11 - Food, Drink and Entertainment Uses This policy aims to guide the location of food and drink and entertainment uses, taking into account the local problems which can arise from a concentration of such uses; it includes a local area policy for the City Centre and all prospective applicants are required to address a range of locational and technical policies. Proposals for public houses, hot food shops, and Class 3 and 11 uses, should not result in a significant adverse effect on the amenity of adjacent residents through the effects of noise and/or cooking fumes. In the City Centre; the Council will resist Public House developments that would give rise to the introduction of noise generating activity in close proximity to existing housing, unless satisfactory mitigating measures enable the retention of the current levels of residential amenity and provided the proposal is acceptable in other respects. The Council will generally encourage the creation of outdoor eating areas, attached to existing premises, where they will not interfere with pedestrian or vehicular traffic or create visual clutter to the detriment of the character of the Central Conservation Area or adjacent listed buildings. To help preserve the high quality urban environment of the Central Conservation Area, the outdoor food and drink areas should be managed in association with existing premises. If planning permission is granted for outdoor seating, applicants will also require Section 59 consent, if they occupy part of a public road/footpath (Roads legislation); and/or a license, if alcohol is to be consumed outside (Licensing legislation). Proposals for a food and drink use will only be considered favourably if suitable arrangements for the dispersal of fumes can be provided, to the complete satisfaction of the Council. Parking of customers cars or servicing vehicles should not result in serious parking and/or traffic congestion and normal closing time will be in the following range, depending on local circumstances: Sunday to Thursday - between 20.00 hours and 24.00 hours; Friday and Saturday - between 20.00 hours and 01.00 hours while permission will not normally be granted for opening hours beyond 01.00 hours.

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Comment:- The proposal is considered to generally accord with the provisions of Policy SC 11 above, in terms of its specific locational and technical requirements. Suitable noise conditions have been attached to control noise from or associated with the completed development and the disposal of cooking odours. Outdoor riverside seating is being actively encouraged in this instance, however, this will impact on the operation and management of the existing riverside walkway/cycle path; so a relaxation of policy is being sought in relation to this aspect of the proposal. It is anticipated that cyclists will not be required to dismount and that through signage, careful on site management and a reduction in cycle speeds that the potential for conflict can be avoided. Policy TRANS 1 - Transport Route Reservations This policy aims to ensure proposed transport routes are safeguarded from development that would prejudice their implementation and ensure former rail formations, with the potential for transport use, are protected. The policy lists transport schemes which, subject to the necessary agreement with other agencies such as SPT, Network Rail, Transport Scotland, may come forward within the Plan period or at some future date and, therefore, require to be safeguarded. Transport route reservations will be a significant consideration when the Council determines development applications. The transport scheme potentially affected by this development is Clyde Fastlink (North Bank) and extension west to Clydebank identified under point 2 - Bus Rapid Transit and Tourist Transport Routes which received conformation of Scottish Government funding in September 2011. Comment:- The proposal accords with this safeguarding Policy. In light of the recent funding announcement by the Scottish Government and the importance of the Fastlink Scheme to the continued regeneration of the Clyde Corridor, including key projects at SECC/Commonwealth Games and Southern General Hospital there has been a careful examination of the proposals impact on the future use and operation of the existing north bank Fastlink Way. The Planning Authority is now satisfied that the access and servicing associated with development; having been revised in discussion with the Director of LES following submission of the application will not impact on the future construction, operation and management of Fastlink. SPT have been consulted on the application and raised no objections. Policy TRANS 2 - Development Locational Requirements This policy aims to ensure significant travel generating development is located in the right places, and at a suitable density, to secure sustainable travel patterns. Major development applications and other proposals likely to have a significant cumulative impact, are required to undertake a locational assessment, to ensure sustainable travel outcomes. Applicants will need to demonstrate that; high trip generating proposals (e.g. retail and commercial leisure) such as the type being proposed are located so as to maximise the use of public transport, cycling and walking, and should follow a sequential approach to site selection and that the proposal is linked into the existing or potential public transport, pedestrian and cycle networks. Travel generating proposals should normally meet the public transport accessibility levels as defined in development guide DG/TRANS 3: Public Transport Accessibility Zones which for retail (food and non-food) and commercial leisure is High Accessibility. Nodes and corridors on the public transport network achieving high accessibility and proposed Clyde Fastlink route corridors, should be developed at higher densities, including mixed uses where appropriate where there is deemed to be no adverse impact on townscape or other material consideration. Comment:- The proposals accord with the above policy; the site being located within an area defined as having high accessibility and which forms part of the Clyde Fastlink route corridor (north bank) as proposed. Policy TRANS 4 - Vehicle Parking Standards This policy aims to ensure vehicle parking provision supports sustainable transport objectives. Car parking provision will be considered against this policy for a range of development types including shopping and commercial uses. For major non-residential developments a Transport Assessment; which is normally required for the developments specified in development guide DG/TRANS 1: Transport Assessments for thresholds defining major development, will be the determining factor in assessing parking provision within the maximum standards set by Tables 2 to 5 contained in Policy TRANS 4 covering retail, public house and restaurant/caf development in the City Centre.

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Comment:- Although the proposal exceeds the 1,000sqm threshold for food/leisure development specified in DG/TRANS 1 Transport Assessment; a Transport Assessment was not considered necessary in this particular instance given the nature of the development being proposed, the characteristics of the site and its high level of accessibility to available public transport. Consequently no car parking is being proposed as part of this development with patrons being encouraged to use available public transport or public car parks consistent with City Plan Policy covering the City Centre. Policy TRANS 5 - Providing for Pedestrians and Cycling in New Development and Policy ENV 10 Access Routes and Core Path Network Policy TRANS 5 aims to ensure new developments are designed to facilitate and promote walking and cycling. Where a new development affects the line of an existing route, the route will require to be re-instated, or an acceptable alternative provided. The continuing integrity of the route should be maintained through the construction process. Routes, both interim and replacement, should be constructed to a standard and design acceptable to the Council. Policy ENV 10 aims to develop a network of accessible paths for the benefit of the Citys residents and visitors. Developers should take account of access rights when planning and undertaking new development and should design new footpaths and cycleways in line with the requirements of the Land Reform (Scotland) Act 2003. Development should not: prejudice the continuity of Core Paths, as defined by the Glasgow Core Paths Plan, or the existing walking/cycling network; or obstruct or adversely affect a public right of way (unless satisfactory provision is made for its replacement). Development proposals should not impact adversely on public rights of way, core paths and important public access routes. Where such infrastructure is affected by a development during construction and upon completion, the developer should incorporate appropriate alternative or modified public access provision, approved by the Council. Development proposals on land where the Core Paths Plan has identified an aspirational core path will be expected to incorporate it into the overall design layout of the site and build the path to a standard agreed with the Council. Comment:- Broomielaw Quay forms part of the National Cycle Network (NSR 75) and the desire to maximise the available quayside for external seating will impact on the operation of the National Cycle Route albeit this would only coincide with periods of good weather. Outwith these periods an acceptable walkway width of 6 metres is generally maintained; consistent with City Plan Policy guidance. In jointly promoting Broomielaw Quay as unique food and drink destination and thereby encouraging a concentration of pedestrians/cyclists the City Council accepts that the nature and perception of the area will need to change and this will include a relaxation of Policies ENV 10, DES 5 and Development Guide DG/DES 5 (see above); in so far as this relates to the width of walkway which would be available to pedestrians and cyclist when external seating areas are in place. In order to maintain public safety appropriate conditions have been attached covering the use and future management of the quayside by prospective tenants; which includes controls on hours of use, the installation of street furniture and appropriate signage. Policy TRANS 6 - Cycle Parking Standards This policy aims to ensure minimum levels of cycle parking are provided in new development in order to support sustainable transport objectives. The Council will require the provision of cycle parking in new development and redevelopment proposals in line with the minimum cycle parking standards specified in Tables 1 - 6. Wherever possible, employee cycle parking should be located within buildings or a secure compound. Where such a location is not feasible, provision should be close to the main entrance of developments, to ensure cycling to work is encouraged through enhanced security provided by cycle parking surveillance. Visitor parking should be located at an easily accessible location close to, or within, the entrance area of the development in order to enhance security through surveillance. Cycle parking should always be safe, sheltered and secure. Unless exceptional circumstances dictate otherwise, sheffield' type cycle racks (each comprising 2 spaces) are to be used (the Council's Roads Development Guide' provides a design specification). Comment:- A suitable condition covering the installation of cycle in line with City Plan Policy has been attached however given the range of site/development constraints a relaxation in policy covering the number of cycle racks and the schemes ability to meet the other associated design criteria maybe appropriate in this particular instance.

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Policy TRANS 8 - Developer Contributions - Transport Infrastructure As indicated above Policy TRANS 1 seeks to ensure that proposed transport routes of strategic importance to the City are safeguarded from development that would prejudice their implementation. Policy TRANS 8 aims to ensure new development provides sustainable transport solutions to benefit the Citys transport infrastructure. In pursuant of strategic public transport objectives, the Council will normally seek through Legal Agreements, developer contributions as appropriate, from the redevelopment of sites that would benefit from the Clyde Fastlink proposals listed in TRANS 1; having regard to the provisions contained in development guide DG/TRANS 4: Clyde Fastlink - Developer Contributions). In the context of the application site the local road network comprising Oswald Street, Argyle Street, York Street, Robertson Street, Clyde Street and Broomielaw are identified as part of Clyde Fastlink (North Bank) and extension west to Clydebank. Using calculations detailed in Policy DG/TRANS 4 a figure of 46,000 has been identified as the appropriate developer contribution in this instance. Comment:- In exceptional circumstances, where it can be demonstrated that there are abnormally high site preparation costs and the addition of a contribution would threaten the financial viability of developing a site, then the requirement to contribute to Clyde Fastlink may be reduced. In such cases the level of any reduced requirement will be based on an independent appraisal of the relevant engineering and financial information, which must be made available to the Council. As this project represents a joint venture with the City Council a supporting statement has been provided by DRS Land and Property requesting that no developer contribution be sought in this instance. The relatively low density of development and the need to satisfy additional costs to achieve development on the quayside, the requisite operational compatibility with the Fastlink and a high quality design, has presented difficulties in terms of achieving the requisite financial viability. To resolve this problem the Council has had to agree to a contribution of up to 1m towards the project based on a current appraisal of cost and revenue estimates and agreed return to the developer. The development will be delivered on an open book basis to ensure transparency and full audit of eligible costs and revenues and agreed level of return for the developer. The Council will be entitled to a proportionate clawback of any excess profit if a subsequent combination of lower costs and higher revenue returns results in an improved financial position which exceeds the need for funding contribution by the Council. At this time the imposition of a further financial burden on the project would only result in a widened funding gap and the need for a greater proportion of the Councils 1m contribution being absorbed by the project costs. Given that most recent estimated appraisals show a likelihood that the majority of the Councils 1m contribution will be required there is no benefit from imposing a further burden on the project to comply with Council policy re fastlink contributions. The Council would in effect be paying for the contribution itself. There is also a further danger that if costs rise in excess of the Council contribution requirement this would put the project at risk as Cappella can resile from the agreement. Once the various trigger conditions of the agreement are purified in terms of obtaining planning, securing funding and pre-lets etc, and the lease agreement is executed, Capella are obliged to deliver the development. On the basis of the above it is felt that the imposition of a Fastlink contribution is an irrelevance in these circumstances and would not prejudice application of policy. Accordingly it is recommended that no developer contribution be sought in this instance. Policy ENV 1 - Open Space Protection This policy aims to ensure that areas of formal and informal open space are protected from inappropriate development, in order to maintain or enhance the quality of life, health, well being and amenity of the communities they serve and also promote sustainability and biodiversity. In accordance with Development Policy Principal DEV 11: Green Space, there is a strong presumption in favour of the retention of all public and private green/open space. The policy also accords protection to other categories of open space as identified on the Councils Glasgow Open Space Map which identifies Broomielaw Quay as containing a mixture of land designated as public realm and amenity green space; the Clyde itself is also identified as a green corridor as designated under Policy ENV7 (see below). Where exception is made for development on open space within such categories the development should:-

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either be directly related to the current use(s) of the open space or better serve local community needs by the provision, in the local area, of an area of equivalent, or higher quality open space, to directly replace the type of open space that would be lost (this will require the developer to consult with the local community using consultation methods agreed with the Council); comply with the requirements of policy ENV2:Open Space and Public Realm Provision; provide for appropriate habitat creation, landscape treatment and subsequent maintenance of the retained or newly created open space; and not have a negative impact on the connectivity of the green network and/or distribution of open space within the surrounding area or prejudice any site covered by an Environmental Designation. Comment:- Having regard to the above criteria; while Broomielaw Quay does not comprise designated open space the proposals will involve a net loss of public realm/amenity green space, so a relaxation of Policy ENV 1 is being sought in this instance; albeit there was an assumption in the Broomielaw/Tradeston environmental master plan that the landscaped quayside would required to be modified in order to allow the development of riverside pavilions. This will, however, be partially compensated by the re-creation of useable areas of public realm/amenity green space between each of the four buildings. The design concept is seen as augmenting Broomielaw Quay as a visitor destination within the City while maintaining its role as formal riverside public realm/amenity green space albeit major severance of the established green network in the form of the formal tree planting will occur. Of the existing trees 140 will require to be removed with 125 removed to a nursery and 15 retained on site; granite sets/seating etc will also be re-used on site. A suitable condition covering this aspect of the proposal has been attached. The provisions under policy ENV2 do not apply I this instance; the development comprising primarily food and drink uses. Policy ENV4 - Sustainable Urban Drainage and Policy ENV5 - Flood and Land Drainage Policy ENV 4 aims to ensure satisfactory sustainable measures are provided for the management and safe disposal of surface water run-off. All development proposals are required to make satisfactory provision for Sustainable Drainage Systems. SUDS proposals should; incorporate, or connect to, an acceptable overland flood-routing or design exceedance solution agreed by the Council; be designed to accommodate a 1 in 30 year rainstorm event with the ability to deal with a 1 in 200 year event by safe flood routing; use agreed methods of surface water run-off collection, treatment, decontamination and disposal; not be detrimental to the effectiveness of existing SUDS schemes; incorporate a design appropriate to the site, particularly where contamination is present; and incorporate natural and semi-natural elements to enhance environmental amenity and biodiversity. Policy ENV5 aims to safeguard development from the risk of flooding and to ensure new development does not have an adverse impact on the water environment, does not materially increase the probability of flooding elsewhere and does not interfere detrimentally with the storage capacity of any functional flood plain or associated water flows. Proposals should demonstrate that they contribute to minimising flood risk; avoid any increased risk of flooding which would affect people and properties from any source (e.g. sewer, watercourse (see Definition) or surface water) either within the development site, or outwith the site as a consequence of the development giving due attention to access and egress routes; and address the cumulative impact on infrastructure capacity of incremental growth of impermeable surfaces by not increasing the quantity and rate of surface water run-off from any site. Comment:- A drainage and statement on flooding has been submitted with the application. The proposal does not represent an increased flood risk to the River Clyde catchment. The application site is both adjacent to the River Clyde and is within an area currently identified as likely to flood during a design flood event. Consequently the proposed finished floor level for the pavilions has been set at 6.0m AOD which complies with appropriate design level of 6.0m AOD for new development as specified in City Plan 2: Part 4 Development Guides DG/ENV6: River Clyde Flood Management Strategy Development Guidance. It is further recommended that the applicant considers the use of water resistant materials and construction methods as outlined in Planning Advice Note 69 (PAN 69): Planning and Building Standards Advice on Flooding.

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The top of the existing quay wall is at a height is 5.5m AOD; lower than the design flood level of 6.0m AOD as specified in the above noted documents and as such the applicant will be required to submit a flooding statement which outlines appropriate flooding defence measures including the incorporation of early warning systems and suitable escape routes from the buildings. A suitable condition covering SUDS has been attached. The LES (Strategic Flooding Manager) has raised no objection on flooding grounds subject to a condition. Policy ENV 7 - National, Regional and Local Environmental Designations This policy aims to maintain, protect and enhance national, regional and local sites of landscape, cultural or nature conservation importance. Proposals should not have an adverse effect, either directly or indirectly, on the integrity or character of one or more of the natural, or special, features covered by a range of Environmental Designations. This includes Sites of City-wide Importance for Nature and Conservation (C-SINC) and Green Corridors (formerly Corridors of Wildlife and/or Landscape Importance) which the River Clyde/Broomielaw is classified. Any development proposal likely to affect an Environmental Designation should also demonstrate how it will comply with the relevant guidance provided in development guide DG/ENV 4: Development Affecting Environmental Designations. Comment:- The entire River Clyde, including the subjects, is designated as a Site of City-Wide Importance for Nature Conservation (C_SINC) and Green Corridor, although its environmental/landscape character varies along its length. Leaving aside the 'water habitat' Broomielaw Quay remains a largely 'hard' urban environment albeit the recent landscaping and boulevard tree planting has softened the area, changing its character to public realm/amenity open space. The removal of large numbers of the newly planted trees to a City nursery is regrettable and is at odds with the general environmental guidance provided by Development Guide DG/ENV4, at point 1 and at point 2 (c) and (D). However, no trees will be 'lost' to the city and the schemes actual impact on the overall integrity of the (C_SINC) and Green Corridor, both from a biodiversity and landscaping viewpoint is considered acceptable in this instance. In respect of point 2 above This matter has been addressed through the comments made in relation to City Plan 2 Design Policy DES 3 Protecting and Enhancing the Citys Historic Environment. In respect of point 3 above Land and Environmental Services (Cleansing and Public Health) raised no objections subject to suitable conditions/advisory notes covering noise from or associated with the completed development, light pollution, noise form acoustic/amplified music, a time limit on the use of the external seating areas, disposal of cooking odours/fumes, refuse management and recycling, site investigation, water safety and the protection of residential amenity. Comment:- Suitable conditions have been attached. Land and Environmental Services (Roads) raised issues relating to the developments impact on pedestrian circulation in and around the locus of the application site including the riverside walkway and the existing pedestrian crossing points on the Broomielaw; access and servicing arrangements; the future operation of Clyde Fastlink, the operation of the National Cycle Network plus access and serving of the neighbouring pontoon. Comment:- Suitable conditions have been attached. Land and Environmental Services (Strategic Flooding Manager) raised no objections subject to a condition requiring the submission of a flooding statement which outlines appropriate quayside flood defence measures Comment:- An appropriate condition has been attached.

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Scottish Water raised no objections. Scottish Power raised no objections. Scottish Environmental Protection Agency (SEPA) raised no objections. SEPA requested that the Planning Authority and the applicant note its advice in relation in relation to flood risk, foul drainage, surface water drainage, waste management planning, construction/demolition, pollution prevention and regulatory requirements. Comment:- The Planning Authority notes SEPAs comments and advice and have attached suitable advisory notes. Clyde Port Authority raised no objections. Strathclyde Partnership for Transport (SPT) raised no objection subject to a securing a suitable developer contribution for Clyde Fastlink; to be secured by means of a Legal Agreement. Comment:- The Planning Authority is minded not to request a developer contribution in this instance (see City Plan Polices in the assessment section below) Historic Scotland raised no objections. Scottish Natural Heritage (SNH) raised no objections. West of Scotland Archaeology Service (WoSAS) raised no objections. Architecture and Design Scotland (A+DS) while supporting the principle of creating opportunities and activity on the riverside at this location, could not support the proposals as submitted; particularly in terms of their scale, impact on the amenity of the river frontage, and the design quality illustrated via form and materiality offering more detailed observations under the headings of urban design, building design and landscape design. A+DS felt that the proposals as submitted did not fully exploit the unique attributes of the site and encouraged the project team to challenge the project brief particularly in terms the space requirements. A+DS viewed the recently created urban park as an important asset to the neighbouring IFSD and the City, which provides an important nodal point for the river front walkway and general east/west connectivity. The said A+DS are supportive of the intent to provide activity on the waterfront, and consider that Broomielaw Quay has the potential for simple, elegantly designed built forms that interact with existing public realm and enhance the users experience of the place. Comment:- These matters are felt to have been covered in response to the representations received from elected members and the objections, as outlined below. Glasgow Urban Design Panel (GUDP) acknowledges that its is essential for the Broomielaw are to be serviced by retail, restaurant and coffee outlets in order to facilitate the further expansion of the IFSD, however it believes the existing quayside; which it describes as an urban park is a valuable asset, and it is vitally important that this is maintained and preserved when developing the area further. The GUDP believes that; the area carries a great opportunity for simple elegant built interventions that enhance the public realm, rather than dominate the waterfront landscape. The GUDP believe that the proposed development is wholly inappropriate for the site being lumpen over-scaled, and inelegant rather than carefully placed in the landscape as pavilions, providing an acceptable and complementary addition to the site. Comment:- These matters are felt to have been covered in response to the representations received from elected members and the objections, as outlined below. The proposal was advertised in the Evening Times and the Edinburgh Gazette on 1 July 2011 as affecting a conservation area and as potential bad neighbour development.

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Representations were received from Bailie Dr Nina Baker (Ward 10, Andertson/City) who raised issues in relation to size and visual impact of the pavilions at this location, the use of external bin stores together with the quality of the elevations which front the Broomielaw. Comment:- The size and relative impact of the pavilions within the locality has been examined using the Citys Urban Model and they are felt to be acceptable having regard to their impact on the areas existing urban grain and the established building hierarchy; being seen as subservient to the larger HQ/Corporate architecture which forms the emerging Broomielaw Wall while in the spirit of the dock-side sheds which previously occupied the site. The plan-form of the pavilions has been revised and now includes internal bin stores and the elevations fronting Broomielaw has been remodelled to include more glazing. 12 letters of objection have been received following advertisement of the proposals. The grounds of objection and comments can be summarised as follows:The newly created urban park is now a valuable asset which needs to be retained; moreover the proposal is inappropriate at this location, considered at odds with recent efforts to regenerate the IFSD and waterfront at Broomielaw/Tradeston. The scale and massing of development is inappropriate to its riverside context. The proposal constitutes over-development of the site. The use of external bin stores at this location is inappropriate. The quality of the elevations fronting the Broomielaw is poor. The development will lead to a loss/privatisation of existing open space and public realm works. The development, by including external seating area along the riverside will lead to a reduction in the width of the Clyde Walkway with an adverse impact on cyclists, pedestrians and the level of connectivity along the waterfront. The development will led to an increased noise pollution. The development will lead to an increase in disorderly behaviour; which is already a problem in the locality. The buildings appearance, materials and quality of detailing is poor and dated and is contrary to a number of City Plan 2 design policies and associated design guidance. The City Council should encourage the re-use of vacant shops in the City Centre before should come be. The development will lead to increased traffic and parking problems for local residents and businesses. The development will result in increased litter. The development will result in conflict between pedestrians, cyclists and users of the facility exacerbated by the inclusion of external seating areas. The proposals are contrary to the Citys approved lighting and public realm strategies. The developer is placing too much responsibility on prospective tenants to complete the scheme in terms of including street furniture, signage and branding.

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Comment:- The City Council is committed to the consolidation of the Broomielaw/IFSD as an area for major office and business investment within the City, and to the redevelopment of Tradeston as a mixed use area, to include residential and commercial activities while protecting the primacy of the city centre as a retail/leisure destination; consistent with Structure and City Plan polices. The new pedestrian footbridge was seen as a crucial step in ensuring that both areas become an integral part of the ongoing River Clyde regeneration. The enhancement of Broomielaw Quay, involving extensive public sector investment in new quay wall construction, landscape and public realm works and public transport improvements; implemented despite the current economic down-turn was designed to assist business confidence, economic competitiveness and promote the riverside as both an amenity and leisure destination. While acknowledging the importance of targeting vacant buildings/shops elsewhere in the City this scheme has been conceived as a unique riverside food & drink destination, designed to address its immediate context so in that sense is not transportable to another part of the City. The insertion of selective riverside pavilions at this location is consistent with the City Councils long-term strategy for the revitalisation of Broomielaw Quay and it was recognised that extensive areas of the newly formed public realm would require to be remodeled and/or removed; albeit this would be compensated by the formation of new public spaces. As indicated above, the developments scale and massing has been a response to the need to achieve the required critical mass of commercial floor space while maintaining a degree of visual connectivity with the quayside. The buildings massing has been examined using the City Councils Urban Model and; subject to detailed design development, are considered to generally enhance the Citys image when seen from the key approach routes, such as the Kingston Bridge and Central Railway Station. Moreover; any displaced trees/hard and soft landscaping will be re-used, as part of the current proposals or replanted elsewhere in the City. The design strategy underpinning the scheme has considered both the constraints and opportunities presented by its riverside context, although trying to balance commercial objectives; in terms of the required level of commercial floor space with access and servicing requirements, including the need to maintain public access along the quayside for walkers and cyclist has proved challenging. It must also be pointed out that the scheme as proposed is designed to significantly alter the character and perception of the waterfront at this location, providing a highly distinctive visitor destination and this is reflected in its architectural form. The pavilions design is considered to generally accord with City Plan 2 design policies and associated design guidance (see City Plan 2 Policy assessment, above). Following submission of the application and after presentations to both Architecture and Design Scotland (A+DS) and the Glasgow Urban Design Panel; who both raised concerns about the form and design of the pavilions (see above) further design development work was undertaken. Although the essential form of the pavilions remained unchanged this did lead to a revised access and servicing strategy, improvements to the pavilions Broomielaw elevations; simplifying the form of the pavilions riverside elevations and to the introduction of internal bin stores. Selective materials were also upgraded to include glass balconies at first floor level. Associated public realm works and lighting proposal are subject to further design development but will be consistent with City Pan policy in their approach and the subject of conditions. The use of a tenant handbook will ensure that elements such as refuse management (including the day to day maintenance/cleaning of the Clyde walkway), signage/branding together with the appearance/operation and maintenance of external seating areas with be dealt with in a coherent way without detriment to the overall development or the locality. Use of external seating areas will be limited to 10pm, however, any potential issues of anti social behaviour; out-with the scope and operation of pavilions themselves will remain a matter for the Police. The Director of LES has raised no objections in relation to noise from or associated with the development subject to conditions. It is recognised that the scheme will impact on the use of this stretch of the Broomielaw quayside by walkers and cyclist by reducing the width of the available walkway however through appropriate signage, management and self policing it is hoped conflict can be avoided; as the nature and perception of the quayside changes. However a relaxation of City Plan Policies DES 5; TRANS 5 and ENV 10 is being recommended in this instance (see City Plan 2 Policy assessment, below). The applicants initial proposal to service the development via the adjacent Fastlink Way has been re-thought due to safety concerns over its impact on existing pedestrian crossing points and the future operation of Clyde Fastlink. The site is highly accessible by public transport a situation that will improve with the planned development of Clyde Fastlink therefore no car parking is proposed, consistent with City Plan policy.

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Conclusion The proposal is acceptable in landuse planning terms having regard to the provisions of the Development Plan; comprising the Glasgow and Clyde Valley Joint Structure Plan 2008 and Glasgow City Plan 2; the proposal being compatible with the areas Principle Office Area (City Centre) designation. While Broomielaw Quay does not constitute designated 'open space' a relaxation of other City Plan polices are being recommended in this instance; in so far as this relates to the developments impact on the retained width and operation of the Clyde Walkway/National Cycle Route and the net loss of existing public realm and amenity green space. The proposal is seen as consistent with the aims and objectives of the Broomielaw Local Development Strategy and the masterplan underpinning the revitalisation of the Broomielaw/Tradeston waterfront designed to enhance the attraction and economic competitiveness of the City Centre and the neighbouring IFSD; albeit the necessary level of commercial floor space is greater than was previously envisaged. In general the scheme will serve to enhance rather than detract from this section of the River Clyde including use of the river and the Broomielaw Quay pontoon. The scheme design in terms of its building footprint, orientation, scale, architectural appearance and materials are considered acceptable having regard to the sites context and its impact on the character of the Central Conservation Area. It is felt the development can be adequately serviced without detriment to existing road traffic and parking and is highly accessible by public transport; future use of the existing Clyde Fastlink Way is also protected. The concerns expressed by objectors are either considered largely consistent with Plan Policy, have been addressed through further design development work undertaken by the applicant or are addressed through conditions. On the basis of the foregoing it is recommended that planning permission be granted subject to conditions. CONDITIONS AND REASONS 01. The development shall be implemented in accordance with drawing number(s):Location Plan - 2251/001 Rev A, Existing and Proposed Block Plan - 2251/100H, North and South Elevations - 2251/107, Pavilion A, Plans and Elevations - 2251/200L, Pavilion B, Plans and Elevations - 2251/201L, Pavilion C, Plans and Elevations - 2251/202L, Pavilion D, Plans and Elevations - 2251/203L, as qualified by the undernoted condition(s), or as otherwise agreed in writing with the Planning Authority. Reason: As these drawings constitute the approved development. 02. Noise from or associated with the completed development (the building and fixed plant) shall not give rise to a noise level, assessed with windows closed, within any dwelling or noise sensitive building in excess of that equivalent to Noise Rating Curve 35 between 0700 and 2200, and Noise Rating Curve 25 at all other times. Reason: To protect the occupiers of dwellings or noise sensitive buildings from excessive noise. 03. Light from the development shall not give rise to:(a) An "Upward Waste Light Ratio" (maximum permitted percentage of luminaire lux that goes directly to the sky) in excess of 15% (b) A "Light Into Windows" measurement in excess of 10Ev (lux). (Ev is the vertical luminance in lux.)

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(c) "Source Intensity" measurement in excess of 100 Kcd (kilocandela). (Source Intensity applies to each source in the potentially obtrusive direction out of the area being lit.) Reason: In the interests of limiting the effects of light pollution on the environment and the users of surrounding developments, and of energy efficiency. 04. Acoustic/amplified music from the premises shall not give rise to a noise level, assessed with windows closed, within any dwelling or noise sensitive building in excess of that equivalent to Noise Rating Curve 35 between 0700 and 2200, and Noise Rating Curve 25 at all other times. Reason: To protect the occupiers of dwellings or noise sensitive buildings from excessive noise. 05. Use of the external seating areas shall not extend beyond the hours of 10pm. Reason: To protect the occupiers of dwellings or noise sensitive buildings from excessive noise. 06. Disposal of Cooking Odours/Fumes (a) All cooking smells, noxious fumes or vapours from the premises shall be disposed of by means of a suitable duct carried up internally and terminating at a point 1 metre above eaves level. The duct shall be free from any obstruction such as a plate, cowl, cap or any other deflection at its termination point. (b) A ventilation and filtration system incorporating at least the following elements shall be installed and operational before the use commences. The elements to be included are:(i) Canopies - A canopy (or canopies) shall be located above all cooking appliances.

(ii) Air Flow - The canopy face velocity shall be not less than 0.5 m/s. (iii) Primary Grease Filtration - Labyrinth (baffle) grease filters shall be installed within the canopy or canopies. (iv) Secondary Filtration - an open fibre disposable filter and a pleated, non-woven felt type filter and a non-woven bag type filter shall be installed in the system in that order. (v) Main Filter Media - a mixed media activated filter shall be installed as final treatment of flue gases. (vi) Air Input - An air input system shall be provided by means of a pleated inlet filter, supplying clean filtered air equivalent to at least 80% 'make-up' of the extracted air. (c) A maintenance management scheme for the ventilation and filtration system, including all aspects referred to in (a) and (b) above shall be submitted to and shall be approved in writing by, the Planning Authority before the use commences and shall be implemented as approved for the duration of the use. (d) Mechanical and electrical installations shall be arranged to ensure that the ventilation system is in operation during periods when the premises are open for the preparation and/or cooking of food. Reason: To protect local residents from nuisance resulting from the disposal of cooking odours. 07. Before any work on the site is begun, details of refuse and recycling storage areas and bins shall be submitted to and approved in writing by the planning authority. These facilities shall be completed before the development/the relevant part of the development is occupied. Reason: To ensure the proper disposal of waste and to safeguard the environment of the development.

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08.

Before any work on the site is begun, a comprehensive site investigation for ground contamination shall be submitted to and approved in writing by the planning authority. The investigation shall be completed in accordance with a recognised code of practice such as British Standards Institution "The investigation of potentially contaminated sites - Code of Practice" (BS10175:2001). The investigation report shall include a risk assessment of all relevant pollutant linkages, as required by Planning Advice Note PAN 33 Revised 2000 Development of Contaminated Land. Where a risk assessment identifies any unacceptable risk or risks, it shall include a detailed remediation strategy. The approved remediation works shall be carried out prior to the commencement of development on site other than that required to carry out remediation. Reason: To ensure the ground is suitable for the proposed development.

09.

Unless otherwise specified, all servicing of the pavilions shall be undertaken from the Broomielaw's south carriageway via the existing 'Fastlink Median Strip' and this will require an amendment to the existing Traffic Regulation Order currently in force. Full details covering all necessary works to the 'Fastlink Median Strip' and the southern edge of the 'Fastlink Way' in so far as this relates to the provision of service access including the location formation of drop-off areas, dropped kerb, together with the incorporation of all Fastlink halts, safety features and footways shall be submitted to the Planning Authority for its written approval and thereafter implemented in the agreed manner. Pending conformation of the revised Traffic Regulation Order temporary use of the existing 'Fastlink Way' for serving will be permissible under terms specified by Planning Authority. Reason: In the interests of pedestrian and vehicular safety. Reason: To ensure the safe and efficient operation of the proposed Clyde Fast Link Bus Rapid Transit System.

10.

Labelled samples of all external materials accompanied by a schedule and annotated large scale sections and elevation drawings showing the location of their proposed use shall be submitted to and approved by the Planning Authority in respect of type colour and texture. Written approval shall be obtained before the materials are used on site. Reason: In order to safeguard the property itself and the amenity of the surrounding area. Reason: In order to protect the visual amenity of the surrounding area.

11.

No roof plant to be installed in locations other than enclosures shown on the approved drawings. Reason: In order to safeguard the property itself and the amenity of the surrounding area.

12.

All external colours shall be agreed in writing with the Planning Authority prior to the commencement of works. Reason: In order to safeguard the property itself and the amenity of the surrounding area. Reason: In order that the works do not detract from the appearance of the building.

13.

A 'tenant handbook' aimed at safeguarding design quality and the aspirations of the development as high quality visitor destination shall be submitted to the Planning Authority for its written approval and thereafter implemented in the agreed manner. This shall cover refuse management, signage/branding (including the use of window vinyl's), internal fit-out work (in so far as this relates to the installation of blinds, internal partitions etc likely to affect windows), the design and installation of roof top plant, the location and appearance of any external seating together with any associated canopies, barriers, bin stores, heaters and planters etc. Reason: In order to safeguard the property itself and the amenity of the surrounding area. Reason: In order to protect the visual amenity of the surrounding area.

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14.

Full details covering all new hard and soft landscaping works and how this will be properly integrated into the newly formed quayside public realm works shall be submitted to the Planning Authority for its written approval prior to the commencement of works on site. This shall include:A method statement outlining how the existing hard and soft landscaping which requires to be removed as part of this development will be salvaged and stored for either re-use on site, recycled or transplanted and how any retained landscaping will be suitably protected.

Reason: To ensure that the landscaping of the site contributes to the landscape quality and biodiversity of the area. 15. Before any work on the site is begun, a maintenance schedule for the landscaping scheme/open space, and details of maintenance arrangements, including the responsibilities of relevant parties, shall be submitted to and approved in writing by the planning authority. Reason: To ensure the continued contribution of the landscaping scheme/open space to the landscape quality and biodiversity of the area. 16. Provision shall be made in the design of the development for the parking of cycles. This provision shall be in accordance with the requirements of Glasgow City Plan policy TRANS 6 Cycle Parking Standards: locations; minimum levels; safe, sheltered and secure; and in 'sheffield' type racks. Details shall form part of the first application for approval under this planning permission in principle. The cycle parking shall be available for use in accordance with the approved drawings before the development is occupied. Reason: To ensure that cycle parking is available for the occupiers/users of the development. 17. Any access gates shall open inwards only. Reason: To ensure that gates do not obstruct pedestrian or vehicle movement or create a safety hazard. 18. A quayside signage and operational strategy designed to minimise the potential for conflict between the external seating areas, pedestrians and cyclists shall be developed and approved in consultation with the Planning Authority and thereafter implemented in the agreed manner. The proper management of the external seating areas shall also form part of the 'tenant handbook' required under condition 13 above. The monitoring statement shall be provided to the Planning Authority every 6 months outline. Reason: In the interests of pedestrian safety. Reason: In the interests of cyclists safety. 19. Access by emergency vehicles to the new Broomielaw pontoon will require to be maintained. Details clarifying how this will be achieved shall be submitted to the Planning Authority for its written approval and thereafter implemented in the manner. Reason: In order to protect the natural heritage interests of the river. 20. Procedures and methodologies should be submitted to the Planning Authority, for approval prior to the commencement of any work, which details all measures which will prevent the accidental release of concrete, cement and admixtures and oils and other chemicals into the River Clyde. Reason: In order to protect the natural heritage interests of the river. 21. Prior to occupation of the pavilions, a supplementary flooding statement shall be submitted by the applicant/developer which outlines appropriate 'site' flood defence measures including the incorporation of early flood warning systems and the provision of suitable escape routes from buildings. Reason: To minimise the risk of flooding and its adverse effects.

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22.

Use of all external seating areas formed in association with this development; having regard to the provision under Condition 13 above, shall not extend beyond 10pm. Reason: To protect local residents from exposure to noise at unsocial hours.

REASON(S) FOR GRANTING THIS APPLICATION 01. The proposal was considered to be in accordance with the Development Plan and there were no material considerations which outweighed the proposal's accordance with the Development Plan.

ADVISORY NOTES TO APPLICANT 01. 02. 03. Any advertisement, other than that deemed within the terms of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, to be the subject of an application for express consent. The applicant should contact Land and Environmental Services (Roads) at an early stage regarding the submission of an application for Road Construction Consent. The applicant should consult with Land and Environmental Services (Environmental Health) concerning this proposal in respect of legislation administered by that Service which is likely to affect this development. It is recommended that the applicant should consult with Strathclyde Fire Brigade concerning this proposal in respect of legislation administered by that body which is likely to affect this development. The applicants are reminded of the following policies of Land and Environmental Services (Cleansing): REFUSE CONTAINMENT It is the responsibility of the developer/owner to purchase the agreed means of refuse containment. WHEELED BIN REFUSE COLLECTION Where the developer is planning a wheeled bin method of refuse containment and collection, the conditions governing this system must be complied with, ie that the wheeled bin is presented at/and collected from, the agreed location (kerb side, air space etc) on the advised day of refuse collection by the owner/tenant/caretaker etc. 06. The applicant is advised that the granting of planning permission does not remove him/her from the requirement to obtain the consent of adjacent landowners in respect of any access required to build, or maintain, this approved development. Such consent should be obtained prior to the commencement of works on site. The applicant is advised that this permission is for a Class 3 use which comprises the use of the premises for the sale of food or drink for consumption on the premises only. The applicant should contact the planning authority for advice if any sale of hot food for consumption off the premises is considered. The primary responsibility for safeguarding land or property against flooding remains with the owner. Approval of this application does not imply the absence of flood risk. Development at risk of flooding may face difficulties with the cost or availability of insurance and the applicant may wish to seek the views of insurers at an early stage. The applicant is advised that, if the proposals hereby approved are altered in any way, for example as a result of obtaining any of the other statutory consents or for any other reason, they should so inform the planning authority and submit copies of the amended proposals in order that a view may be taken as to whether the alterations are material or not and whether a fresh application will be required.

04. 05.

07.

08.

09.

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10.

The applicant is advised to consider registering the site with the Considerate Constructors Scheme, which aims to improve the image of the construction industry. For further details, please contact the scheme directly. Considerate Constructors Scheme, PO Box 75, Ware, Hertfordshire SG12 0YX. Telephone: 01920 485959 Fax: 01920 485958 Free phone: 0800 7831423 www.ccscheme.org.uk email:enquiries@ccscheme.org.uk Before the lighting system is installed, the applicant should submit certification from a member of the Institute of Lighting Engineers, or other suitably qualified person, to the planning authority confirming that the proposed system will satisfy the requirements of the light pollution condition. Before the use commences, the applicant should, following the testing of the installed lighting system, submit certification from a member of the Institute of Lighting Engineers, or other suitably qualified person, to the planning authority confirming that the system complies with its design specification. Before the ventilation system for the disposal and treatment of cooking odours from the premises is installed, the applicant should submit certification from a member of the Heating and Ventilating Contractor's Association, or other suitably qualified person, to the planning authority, confirming that the proposed system will satisfy the requirements of sections (a) and (b) of the condition relating to the disposal of cooking odours/fumes. Before the use commences, the applicant should, following the testing of the installed ventilation system, submit certification from a member of the Heating and Ventilating Contractor's Association, or other suitably qualified person, to the planning authority, confirming that the installation meets its design specification. Construction and/or demolition work associated with this development should conform to the recommendations/standards laid down in BS5228 Part 1: 1997 "Noise and Vibration Control on Construction and Open Sites". Best Practicable Means as defined in Section 72 of the Control of Pollution Act 1974 should be employed at all times to ensure noise levels are kept to a minimum. In order to protect local residents' amenity, noise associated with construction and demolition works in residential areas should not occur before 0800 or after 1900 Monday to Friday, and not before 0800 or after 1300 on Saturdays. Noise from construction or demolition works should be inaudible at the site's perimeter on Sundays and public holidays. The planning authority should be notified of necessary works likely to create noise outwith these hours. The applicant should consult Scottish Water concerning this proposal in respect of legislation administered by that organisation which is likely to affect this development. In particular, sustainable drainage systems (SUDS) should be designed and constructed in accordance with the vestment standards contained in "Sewers for Scotland", 2nd edition 2007. The applicant is advised that, where drainage systems including SUDS are not vested in Scottish Water, it is the applicant's/developer's responsibility to maintain those systems in perpetuity or to make legal arrangements for such maintenance.

11.

12.

13.

14.

15.

16.

17.

18.

Due to the proximity of the development to a major watercourse it is strongly recommended that the applicant consult with the Glasgow Humane Society, Glasgow Green, Glasgow G40 1BA (phone 0141 429 2492) on matters relating to water safety. This development is of a class specified in Schedule 3 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 (development which may have a wider amenity impact) or is a national development or a major development. A person(s), company or body carrying out such a development must, until the development is completed, display a prescribed notice in a prominent place at or in the vicinity of the site of the development. The notice must be readily visible to the public and printed on durable material. The form of notice is attached to this decision notice and is also available on the Council's website at:http://www.glasgow.gov.uk/en/Business/Planning_Development/DevelopmentControl/Planningapplicatio ns/

19.

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20.

Lighting design should comply with the requirements of the light pollution condition. Key issues in the provision of lighting are identified in Designing Streets (The Scottish Government, 2010): context, lighting intensity, scale and colour. Designing Streets also contains other useful information on lighting. The applicant is advised to contact Scottish Power with regard to underground apparatus in the area of the proposal. It is recommended that the applicant should consult with Land and Environmental Services at an early stage concerning the proposal to install external seating areas and the future management of the available riverside walkway by cyclists and pedestrians. It is recommended that the applicant should consult SEPA at an early stage in respect of the legislation administered by them likely to affect this development.

21. 22.

23.

for Executive Director of Development and Regeneration Services

DC/BGR/(H)3 26/10/2011

PLEASE NOTE THE FOLLOWING: Any Ordnance Survey mapping included within this report is provided by Glasgow City Council under licence from the Ordnance Survey in order to fulfil its public function to make available Council-held public domain information. Persons viewing this mapping should contact Ordnance Survey Copyright for advice where they wish to license Ordnance Survey mapping/map data for their own use. The OS website can be found at www.ordnancesurvey.co.uk

If accessing this report via the Internet, please note that any mapping is for illustrative purposes only and is not true to any marked scale.

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ITEM 1 (i)
PLANNING APPLICATIONS COMMITTEE
1st November 2011

Report by Executive Director of Development and Regeneration Services Contact: Mr N Rutherford Phone: 0141 287 6055

APPLICATION TYPE

Full Planning Permission

RECOMMENDATION Grant Subject to Condition(s)

APPLICATION SITE ADDRESS

11/00399/DC

DATE VALID

15.09.2011

Site Adjacent To 153 Wyndford Road Glasgow

PROPOSAL

Demolition of existing building, erection of energy centre, re-alignment of existing road and formation of access road: Potentially contrary to Development Policy Principle DEV11 Greenspace of City Plan 2. Cube Housing Association 45 Finnieston Street Glasgow G3 8JU RMJM Architects Ryan Sylvester - Associate Skypark SP1 8 Elliot Place Glasgow G38EP COMMUNITY 02_018, Wyndford And District
COUNCIL LISTED AGENT

APPLICANT

WARD NO(S) CONSERVATION AREA ADVERT TYPE

15, Maryhill/Kelvin

Bad Neighbour Development Contrary to Development Plan Green Space

PUBLISHED

22 April 2011

CITY PLAN

REPRESENTATIONS/ CONSULTATIONS DRS Transport Planning No objections; Conditions and Advisory LES (EH) SEPA Scottish Water Sportscotland No objections; Conditions No objections No objections; Advisory No objections

The application was advertised in the Evening Times in April and again on 7th October 2011 and has generated no letters of representation.

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SITE AND DESCRIPTION The application site is located in the southwest of the Wyndford residential area in Maryhill. The site measures 3,148 m2 and comprises of a single storey former clubhouse building and part red blaes football pitch. The site is essentially flat lying. To the north, on slightly higher ground, lies landscaped public open space. Beyond this, to the north and to the west, lies flatted housing of various heights, up to 26-storeys. The ground falls sharply to the south to the River Kelvin Walkway and the River Kelvin beyond that. To the east, there is the blaes pitch and to the west, another hard surfaced pitch and communal open space. It is proposed to demolish the existing buildings on site and erect an energy centre, which has a footprint of 532 m2 and chimney stack height of 24.5 metres. This will provide a district heating (DH) system to provide hot water heating, which replaces the existing electric heating systems in the dwellings of the Wyndford residential area, approximately 1,900 units. The system will be powered by 1 gas fired Combined Heat and Power unit and 3 gas fired boilers. It is also possible to extend the scheme in the future and use renewable energy sources, such as biomass heating. In addition, the proposal has the potential to connect to a nearby school and community centre. The energy centre design is designed to accommodate the plant required for the DH scheme with considerations given to ancillary equipment, operational, safety and maintenance demands. In essence, it is an industrial like building surrounded by a hardstanding compound. Notwithstanding this, the energy centre incorporates a partial brick base, thus minimising the visual impact from residential areas, and metal panels above. For security reasons, there are no windows as the building is unmanned. Vehicular access is from the upgraded and re-configured existing access road to the clubhouse, which connects to Kilmair Place, and provision is made for 2 car parking spaces. POLICIES Glasgow City Plan 2 DEV11 Greenspace ENV1 Open Space Protection ENV7 National, Regional and Local Environmental Designations DES1 Development Design Principles DES2 Sustainable Design and Construction SPECIFIED MATTERS Planning legislation now requires the planning register to include information on the processing of each planning application (a Report of Handling) and identifies a range of information that must be included. This obligation is aimed at informing interested parties of factors that might have had a bearing on the processing of the application. Some of the required information relates to consultations and representations that have been received and is provided elsewhere in this Committee Report. The remainder of the information and a response to each of the points to be addressed is detailed below. A. Summary of the main issues raised where the following were submitted or carried out i. ii. An environmental statement - An environmental statement has not been submitted in support of this application An appropriate assessment under the Conservation (Natural Habitats etc.) Regulations 1994 - Not applicable to this application.

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iii. iv.

A design statement or a design and access statement - A design statement has not been submitted in support of this application. Any report on the impact or potential impact of the proposed development (for example the retail impact, transport impact, noise impact or risk of flooding) - A transport statement and flood risk and drainage impact assessment have not been submitted by the applicant in support of the application.

B.

Summary of the terms of any Section 75 planning agreement Not applicable to this application.

C.

Details of directions by Scottish Ministers under Regulation 30, 31 or 32

These Regulations enable Scottish Ministers to give directions i. With regard to Environmental Impact Assessment Regulations (Regulation 30) - No direction has been made by Scottish Ministers/Not applicable. 1. Requiring the Council to give information as to the manner in which an application has been dealt with (Regulation 31) - No direction has been made by Scottish Ministers/Not applicable. Restricting the grant of planning permission - No direction has been made by Scottish Ministers/Not applicable. Requiring the Council to consider imposing a condition specified by Scottish Ministers - Not applicable to this application. Requiring the Council not to grant planning permission without satisfying Scottish Ministers that the Council has considered the condition - Not applicable to this application.

ii.

2. iii. 1. 2.

ASSESSMENT AND CONCLUSIONS Section 25 of the Planning Act requires the determination of this application to be made in accordance with the provisions of the development plan, unless material considerations indicate otherwise. The site falls within an area designated Greenspace in the Glasgow City Plan 2. Under the terms of this policy, and ENV1 Open Space Protection, there is a strong presumption in favour of the retention of all public and private green/open space. The Councils Open Space Map excludes most of the application site, but it does identify a small area as being a sports area, part of the former pitch, and a small area of amenity greenspace, associated with housing. Notwithstanding this, exceptions to allow development can be made if it complies with the provisions of SPP playing field section and the Councils Sports Pitch Strategy Policy and Implementation Plan. The applicant has re-sited the position of the energy centre so that it no longer utilises the playing area of the pitch, but only ground behind the goalposts. Given this, both Sportscotland and Glasgow Life have no objections against the proposal and do not require mitigation. Whilst the City Plan also identifies a small area of amenity greenspace as part of a City-Wide SINC and Green Corridor, it has no intrinsic value as greenspace, forming part of a much larger area of grassland surrounding the houses. In view of the above, it is considered that the proposal accords with the provisions of the development plan. Consequently, the details of the proposal are the only matters for consideration. The primary detailed material considerations relates to the design of the energy centre.

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Design The applicant has made efforts to minimise the potential impact of the energy centre on the surrounding area. The layout has been orientated so that the plant, stack and storage vessel have been located furthest away form residential properties, thus minimising noise emissions and gas dispersal. Following advice from LES EH, the planning application will impose conditions to control noise and air quality, also controlled through other environmental regimes. The height of the stack raises no townscape issues, given the proximity of 26-storey high-rise blocks. In order to reduce the mass of the building, the applicant has reduced its scale, from 2-storey to a single storey block, approximately 7 metres in height. In addition, the use of different materials, in particular the brick base where it faces residential will assist in breaking down the mass of the building and reducing visual impact. Notwithstanding this, a condition will be imposed to control its appearance and perimeter enclosure. In view of the foregoing, it is recommended that planning permission be granted subject to the following conditions. CONDITIONS AND REASONS 01. The development shall be implemented in accordance with drawing number(s) (PL) 111 Rev A (PL) 100 Rev A (PL) 101 Rev A (PL) 310 Rev A (PL) 400 Rev A as qualified by the undernoted condition(s), or as otherwise agreed in writing with the Planning Authority. Reason: As these drawings constitute the approved development. 02. Before any work on the site is begun, a comprehensive site investigation for ground contamination shall be submitted to and approved in writing by the planning authority. The investigation shall be completed in accordance with a recognised code of practice such as British Standards Institution The investigation of potentially contaminated sites Code of Practice (BS10175:2001). The investigation report shall include a risk assessment of all relevant pollutant linkages, as required by Planning Advice Note PAN 33 Revised 2000 Development of Contaminated Land. Where a risk assessment identifies any unacceptable risk or risks, it shall include a detailed remediation strategy. The approved remediation works shall be carried out prior to the commencement of development on site other than that required to carry out remediation. Reason: To ensure the ground is suitable for the proposed development. 03. Noise from or associated with the completed development (the building and fixed plant) shall not give rise to a noise level, assessed with windows closed, within any dwelling or noise sensitive building in excess of that equivalent to Noise Rating Curve 35 between 0700 and 2200, and Noise Rating Curve 25 at all other times. Reason: To protect the occupiers of dwellings or noise sensitive buildings from excessive noise. 04. Before any work on the site is begun, details of refuse and recycling storage areas and bins shall be submitted to and approved in writing by the planning authority. These facilities shall be completed before the development/the relevant part of the development is occupied. Reason: To ensure the proper disposal of waste and to safeguard the environment of the development.

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05.

Before any work on the site is begun, an assessment of the impact of emissions to air from or associated with the development, including associated road transport, construction and demolition, carried out by a method agreed by the planning authority shall be submitted to and approved in writing by the planning authority. The assessment report shall make reference to the standards and objectives of the National Air Quality Strategy. Where the development is assessed as having an adverse impact on local air quality, including that of any Air Quality Management Area, mitigation measures shall be specified in the report. The approved mitigation measures shall be completed before the use of the development commences. Reason: To ensure that local air quality is maintained.

06.

Before any work on the site is begun, a detailed plan which shows the exact location of all existing trees on the site shall be submitted to and approved in writing by the planning authority. An accompanying schedule shall include information on species, height, canopy spread, base level and condition. The plan and schedule, ie the tree survey, shall also indicate those trees which it is intended to retain and those which it is intended to remove. Reason: To maintain the contribution of existing trees to the landscape quality and biodiversity of the area.

07.

With the exception of tree works detailed in the approved application, existing trees on the site shall not be lopped, topped, felled or removed without the prior written approval of the planning authority. Details of such trees and the proposed operations on each of them shall be submitted to the planning authority. Any proposals for felling or removal shall include proposals, including a programme, for replacement tree planting. Reason: To maintain the contribution of existing trees to the landscape quality and biodiversity of the area.

08.

Before any work on the site is begun, a detailed plan which shows the location and details of a method of tree protection to comply with BS 5837 2005, Trees in Relation to Construction, shall be submitted to and approved in writing by the planning authority. The approved protection shall be in place prior to the commencement of any work on the site and shall be retained in place until completion of the development. Reason: To maintain the contribution of existing trees to the landscape quality and biodiversity of the area.

09.

Before any work on the site is begun, a maintenance schedule for the landscaping scheme/open space, and details of maintenance arrangements, including the responsibilities of relevant parties, shall be submitted to and approved in writing by the planning authority. Reason: To ensure the continued contribution of the landscaping scheme/open space to the landscape quality and biodiversity of the area.

10.

Any trees or plants which die, are removed or become seriously damaged or diseased within a period of five years from the completion of the development shall be replaced in the next planting season with others of similar size and species. Reason: To ensure the continued contribution of the landscaping scheme/open space to the landscape quality and biodiversity of the area.

11.

Notwithstanding the approved plans, the perimeter fencing is not approved. Revised details showing the fencing clad in climbers/plants and sited in such a manner so as not to prejudice the use of the blaes pitch shall be submitted to and approved in writing by the planning authority before any work on the site has begun. Reason: To enable the Planning Authority to consider this/these aspect(s) in detail.

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12.

Any access gates shall open inwards only. Reason: To ensure that gates do not obstruct pedestrian or vehicle movement or create a safety hazard.

13.

All surface water shall be treated in accordance with the principles of Sustainable Urban Drainage. Reason: In the interests of flood prevention.

14.

All surface water shall be treated in accordance with the principles of Sustainable Urban Drainage. Reason: In the interests of flood prevention.

15.

Before any work on the site is begun, details of siting and appearance of the Dry Air Coolers shall be submitted to and approved in writing by the planning authority. Reason: To enable the planning authority to consider this/these aspect(s) in detail.

16.

External materials shall be facing brick, composite cladding and aluminium cladding. Before works commence detailed elevation drawings showing the use of the materials shall be submitted to and approved by the planning authority in writing in respect of type, colour and texture. Reason: In order to safeguard the property itself and the amenity of the surrounding area Reason: To enable the planning authority to consider this/these aspect(s) in detail.

17.

The stack height of the chimney shall not exceed 25 metres. Reason: In order to safeguard the property itself and the amenity of the surrounding area.

REASON(S) FOR GRANTING THIS APPLICATION 01. The proposal was considered to be in accordance with the Development Plan and there were no material considerations which outweighed the proposal's accordance with the Development Plan.

ADVISORY NOTES TO APPLICANT 01. 02. The applicant should contact Land and Environmental Services (Roads) at an early stage in respect of legislation administered by that Service which is likely to affect this development. The applicant should consult with Land and Environmental Services (Environmental Health) concerning this proposal in respect of legislation administered by that Service which is likely to affect this development. Construction and/or demolition work associated with this development should conform to the recommendations/standards laid down in BS5228 Part 1: 1997 "Noise and Vibration Control on Construction and Open Sites. Best Practicable Means as defined in Section 72 of the Control of Pollution Act 1974 should be employed at all times to ensure noise levels are kept to a minimum. In order to protect local residents amenity, noise associated with construction and demolition works in residential areas should not occur before 0800 or after 1900 Monday to Friday, and not before 0800 or after 1300 on Saturdays. Noise from construction or demolition works should be inaudible at the site's perimeter on Sundays and public holidays. The planning authority should be notified of necessary works likely to create noise outwith these hours.

03.

04.

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05.

The applicant should consult Scottish Water concerning this proposal in respect of legislation administered by that organisation which is likely to affect this development. In particular, sustainable drainage systems (SUDS) should be designed and constructed in accordance with the vestment standards contained in "Sewers for Scotland", 2nd edition 2007. The applicant is advised that, where drainage systems including SUDS are not vested in Scottish Water, it is the applicants/developers responsibility to maintain those systems in perpetuity or to make legal arrangements for such maintenance. The applicant should consult with Land and Environmental Services (LES) concerning this proposal in respect of the positioning/safeguarding of underground district heating plant and apparatus in order to minimise the potential risk of future excavation works damaging the plant and apparatus.

06.

for Executive Director of Development and Regeneration Services

DC/ NRU/L 26/10/2011

PLEASE NOTE THE FOLLOWING: Any Ordnance Survey mapping included within this report is provided by Glasgow City Council under licence from the Ordnance Survey in order to fulfil its public function to make available Council-held public domain information. Persons viewing this mapping should contact Ordnance Survey Copyright for advice where they wish to license Ordnance Survey mapping/map data for their own use. The OS website can be found at www.ordnancesurvey.co.uk

If accessing this report via the Internet, please note that any mapping is for illustrative purposes only and is not true to any marked scale.

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