NORTH LANARKSHIRE COUNCIL

Date: 12‘h May 2004

.. REPORT

AGENDA ITEM NO* i u . ~ r r . r \ ~ ~ - - .

Ref: C/PL/ 03/00421/AMD /LK

PLANNING AND ENVIRONMENT COMMITTEE Subject: PI ann i n g A p p I i ca t i on C/03/00421 IAMD: Removal of Public Road to Facilitate Extension to Opencast Coal Site Followed by Restoration of Site to Allow for Reconstruction of Public Road OR Replacement of Public Road with Footpath (Amended Details).

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Purpose of Report

To update the Committee on planning application C/03/00421/AMD regarding the above subject, which was considered by the Planning and Environment Committee at its meeting of 20th August 2003, and also to seek Committee approval for revised planning conditions.

Background

An application report (as attached) was presented to Committee on 20th August 2003 for the above proposal. In short, the applicant applied to remove coal from beneath a section of public road. The proposed restoration scheme allowed for the road to be removed on a permanent basis and to be replaced by a series of public footpaths. The Committee agreed to grant planning permission subject to a Section 75 agreement ensuring the restoration of the site, and to various planning conditions including one which prevented any works from commencing until the necessary ‘Stopping Up Order’ had been promoted and successfully concluded.

Following the decision of the Committee on 20th August 2003, the applicant was invited to discuss the possible wording of a Section 75 agreement with the Head of Legal Services. This matter has not yet been concluded and therefore the planning permission has still to be issued.

In November 2003, the Council promoted the necessary Stopping Up Order as required by the Town and Country Planning (Scotland) Act 1997. This was subject to 3 letters of objection from residents of Greengairs and Airdrie. Correspondence with the residents then followed but the objections were maintained. Accordingly, the matter has now been referred to the Scottish Ministers and the matter will be determined in due course following either a Public Local Inquiry or a Hearing, although the date for this has yet to be announced.

Sustainability Implications

These are addressed within the application report.

ProposalslConsiderations

The applicant has now proposed an additional option for the restoration of the site. In addition to the restoration scheme already agreed by Committee at its meeting of 20th August 2003, the possibility of reconstructing the public road (following excavation works) has been introduced. This option would only come into play should the Stopping Up Order be unsuccessful. On this basis, the applicant has asked that the proposed planning condition which prevents works from starting until the Stopping Up Order has been successfully concluded be re-worded or deleted. This would allow for extraction works to start irrespective of the outcome or timing of the Hearing or Public Local I nq u i ry .

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4.2 The revised details described above were subject to re-newed neighbour notification, press advert and consultation. The responses are summarised as follows:

Councillor Morgan welcomes the confirmation that the road will be re-built (should the ‘Stopping Up’ procedure be unsuccessful). He also re-emphasises his previous comments (as summarised within the attached report) that the planning permission should require the existing access to the Stanrigg Memorial (from the east) to be upgraded.

Mr. & Mrs. McArthur and J. McGraw (previous objectors to the planning application and the 3 objectors to the proposed Stopping Up Order) have re-iterated their objections to the proposal as outlined within the attached report; demanding that the road be repaired and re-opened without any further excavation works.

The Greengairs Joint Action Group (which has not previously made any representation in respect of the proposal) has objected on the following grounds:

There is already an unacceptable accumulation of opencast and landfill operations within the area. The loss of the road would lead to a loss of public amenity in the area. There is a fear that the operations may result in land slippage in the vicinity of the Stanrigg Memorial.

The Transportation Manager has no objections subject to a Section 75 agreement (requiring the applicant to agree full construction details prior to the permission being issued) and to a Bond of Caution (which should cover the full cost of re-building the road).

SNH has asked that its previous comments be taken on board.

4.3 In assessing this new submission, it is important to note that the Council has already accepted the principle of the development (including the permanent removal of the public road to be replaced by footpaths). The concerns of the 3 local objectors and local Action Group have already been discussed within the attached report. The only consideration therefore relates to the introduction of a second option for the restoration of the site (namely the possible reconstruction of the road). I can see no reason why this in itself should result in any detriment to the amenity of character of the area. It is essential that a Section 75 and Bond of Caution be prepared prior to the issue of the permission ensuring the restoration of the site (including the reconstruction of the road) should the Stopping Up procedure be unsuccessful.

5. Corporate Considerations

5.1 These are addressed within the application report.

6. Conclusions

That planning application C/03/00421/AMD is granted subject to the following conditions which replace conditions 1. to 6. agreed by the Committee at its meeting on 20th August 2003:

1. That should the necessary “Stopping Up Order” not be confirmed, then the site shall be restored in accordance with the restoration proposals contained within plan no. 606 which forms part of this permission.

Reason: In recognition of the fact that the permanent removal of the road would require to be preceded by the confirmation of a Stopping Up Order under the terms of Sections 207 and 209 of the Town and Country Planning (Scotland) Act 1997.

2. That before any works commence on site (or any other reasonable timescale to be agreed in writing with the Planning Authority before that date) a detailed restoration plan shall be submitted to the Planning Authority for its prior approval and this shall take account of the following:

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a) Sketch layout plan showing improvements and alterations to the setting of the Stanrigg Memorial.

b) Plan entitled “Early Path Route” (Drawing no. 605A or 606).

c) Specification for new footpaths (including signage) to be based upon “Lowland Path Construction Guide” produced by S.N.H. and “Paths for All Partnership” produced by Scottish Enterprise.

Reason: To ensure the submission of full details in the interests of the amenity and layout of the area.

That the site shall be restored in full no later than 31st December 2005 in accordance with the restoration details agreed within condition (4) below.

Reason: To ensure the timeous completion of approved work and to ensure that the restoration works run concurrently with those of the remainder of the Drumshangie site.

That notwithstanding the terms of condition (3) above, the phasing of restoration works shall comply with the following terms:

a) Footpath network (as indicated within plan entitled “Early Path Route” (Drawing no. 605A or 606) shall be completed in full before works hereby approved take place.

b) Improvements to Stanrigg Memorial to be completed in full within 12 months of the start date of works hereby approved taking place.

Reason: To ensure the timeous completion of approved works in the interests of the public access, the amenity of the area and the setting of the memorial.

That before any works start on site, a scheme of improvements and repairs to the public road network shall be submitted to the Planning Authority for its prior approval, and this scheme shall allow for the following:

Scheme of road repairs designed in particular to address the potholes and areas of poor surfacing along Ballochney Road, Arbuckle Road and Stanrigg Road (as marked on approved plans).

Passing places to be provided between the junction of Ballochney Road/ Arbuckle Road and the Stanrigg Memorial.

Turning and parking area to be provided at the termination of the road at the Stanrigg Memorial.

Verges to be tidied and cleared with a view to improving forward visibility.

Details of how the junction of Darngavil Road/ Ballochney Road and Whiterigg Road will be closed off (Note: This requirement only applies if the restoration scheme allowing the permanent removal of the public road is to be adopted).

Lockable gate at the junction of Stanrigg Road and Arbuckle Road. (Note: This requirement only applies if the restoration scheme allowing the permanent removal of the public road is to be adopted).

Reason: in the interests of road safety and convenience.

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6. That the timescale for carrying out the works required as part of condition (5) above shall be as follows:

a) Items (a) to (e) to be carried out before works commence on site (with the exception of the works required by condition (4) above).

b) Item (f) to be carried out within 2 months of the successful conclusion of the "Order to Extinguish the Right to Use Vehicles on Road".

Reason: In the interests of road safety and convenience, to ensure that that the necessary road improvements are carried out timeously, and to accord with the terms of Sections 203 and 209 of the Town and Country Planning (Scotland) Act 1997.

NOTE TO COMMITTEE

The applicant has agreed to enter into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 in respect of site restoration and aftercare and has also agreed to provide a Bond of Caution in respect of the same. The planning permission should not be issued until these matters have been concluded.

-& G David M. Porch DIRECTOR OF PLANNING AND ENVIRONMENT

Local Government Access to Information Act: for further information about this report, please contact Lindsay Kellock on Ext. 2379.

Background Papers Planning Application C/03/00421/AMD Letter and plans from GM Mining received 23rd March 2004 Letter from Councillor Morgan received 1 4'h April 2004;h Letter from Greengairs Joint Action Group received 15 April 2004. Letter from E. McArthur received 2"d April 2004. Letter from A. McArthur received 5'h April 2004. Letter from J. McGraw received 2"d April 204. Memorandum from Transportation Manager received 7'h April 2004. Letter from SNH received 8'h April 2004.

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C/03/00421 /AMD Application No:

Date Registered:

Applicant:

Agent

Development:

Location:

Ward:

Grid Reference:

File Reference:

Site History:

Development Plan:

31 st March 2003

G M Mining Ltd Drumshangie OCCS Greengairs Road Greengairs Airdrie

Mason Evans Partnership Ltd The Piazza 95 Morrison Street Glasgow

Permanent Closure and Removal of Public Road to Facilitate Extension to Opencast Coal Site and Restoration of Site to Include Footpath

Drumshangie OCCS Greengairs Road Greengairs Airdrie Lanarkshire

46: Plains And Caldercruix Councillor Thomas Morgan

277528671082

C/PL/GWGSOO/CLK

Extensive history including: 91/571: Original Planning Permission for opencast operations, granted 2gth March 1993. C/97/499: Formation of Road Crossing Points, granted 30th March 1998. C/99/001881MIN: Extraction of Coal Followed by Reconstruction of Darngavil Road, granted 2"d December 1999. C/02/0151 I/MIN: Extension to Drumshangie (Ballochney Road), application still under consideration.

The site is covered by Policy Min 1 (Mineral Extraction) within the Monklands District Local Plan 1991

Contrary to Development Plan: No

Consultations:

Representations:

Countryside And Landscape Manager (comments) Scottish Natural Heritage (comments) S.E.P.A.(West) (com men ts) Scottish Water (no response) British Gas Transco (objection) Scottish Power (no objection) The Coal Authority (no objection) Strathclyde Police (no objection) British Telecom (comments) 12 Representation Letters

Newspaper Advertisement: Advertised on 9th April 2003

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Planning Application No. 03/00421/AMD Permanent Closure and Removal of Public Road to Facilitate Extension to Opencast Coal Site and Restoration to Site to Include Footpath

Drurnshangie OCCS Greengairs Road Greengairs Airdrie

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Comments:

Planning permission is sought to extend the excavation area within the 512 hectare Drumshangie Opencast Coal Site, near Greengairs. Permission already exists to remove coal on either side of the public road in question, and permission is now sought to join both working areas together and thus remove around 750metres of the intervening public road. Public access would be retained through the construction of a new footpath to be constructed to the north of the working area, and vehicular access would be retained to the east via Ballochney Road, Plains. The public road is already the basis of a temporary road closure order imposed by the Council as Roads Authority following subsidence in September 2002 which coincided with nearby excavation workings.

I have received several letters of objection from local residents (9 letters from 4 households), the local Councillor, MSP and the Greengairs Community Council. The key concerns are the loss of the public road (and in particular the reduced access to the Stanrigg Memorial) and also the possibility that the workings may impinge on the actual site of the disaster. Having taken the concerns and comments of objectors and consultees into account, I am satisfied that the proposal is acceptable in principle, and that it will not impinge on travel patterns significantly and that the workings are well away from the site of the Stanrigg Disaster.

Accordingly, I would recommend that planning permission should be granted subject to the undernoted conditions and also to the conclusion of a Section 75 agreement and Bond of Caution to ensure final restoration. Also, it should be noted that should planning permission be granted, works could not proceed until the necessary “Stopping Up Order” had been promoted and successfully concluded by the Council. Further details can be found within the attached report.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby granted planning permission shall not commence until the necessary “Stopping Up Order” has been promoted and successfully concluded.

Reason: To accord with the terms of Sections 207 and 209 of the Town and Country Planning (Scotland) Act 1997.

2. That before any works commence on site (or any other reasonable timescale to be agreed in writing with the Planning Authority before that date) a detailed restoration plan shall be submitted to the Planning Authority for its prior approval and this shall take account of the following:

a) Sketch layout plan showing improvements and alterations to the setting of the Stanrigg Memorial.

b)

c)

Plan entitled ”Early Path Route” (Drawing no. 605A).

Specification for new footpaths (including signage) to be based upon “Lowland Path Construction Guide” produced by S.N.H. and “Paths for All Partnership” produced by Scottish Enterprise.

Reason: To ensure the submission of full details in the interests of the amenity and layout of the area.

3. That the site shall be restored in full no later than 31st December 2005 in accordance with the restoration details agreed within condition (4) below.

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Reason: To ensure the timeous completion of approved work and to ensure that the restoration works run concurrently with those of the remainder of the Drumshangie site.

4. That notwithstanding the terms of condition (3) above, the phasing of restoration works shall comply with the following terms:

a) Footpath network (as indicated within plan entitled "Early Path Route" (Drawing no. 605A) shall be completed in full before works hereby approved take place.

b) Improvements to Stanrigg Memorial to be completed in full within 12 months of the start date of works hereby approved taking place.

Reason: To ensure the timeous completion of approved works in the interests of the public access, the amenity of the area and the setting of the memorial.

5. That before any works start on site, a scheme of improvements and repairs to the public road network shall be submitted to the Planning Authority for its prior approval, and this scheme shall allow for the following:

a) Scheme of road repairs designed in particular to address the potholes and areas of poor surfacing along Ballochney Road, Arbuckle Road and Stanrigg Road (as marked on approved plans)

Passing places to be provided between the junction of Ballochney Road/ Arbuckle Road and the Stanrigg Memorial

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c) Turning and parking area to be provided at the termination of the road at the Stanrigg Memorial.

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Verges to be tidied and cleared with a view to improving forward visibility.

Details of how the junction of Darngavil Road/ Ballochney Road and Whiterigg Road will be closed off.

f) Lockable gate at the junction of Stanrigg Road and Arbuckle Road.

Reason: in the interests of road safety and convenience.

6. That the timescale for carrying out the works required as part of condition (5) above shall be as follows:

a) Items (a) to (e) to be carried out before works commence on site (with the exception of the works required by condition (4) above).

b) Item (f) to be carried out within 2 months of the successful conclusion of the "Order to Extinguish the Right to Use Vehicles on Road".

Reason: In the interests of road safety and convenience, to ensure that that the necessary road improvements are carried out timeously, and to accord with the terms of Sections 203 and 209 of the Town and Country Planning (Scotland) Act 1997.

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Background Papers:

Application form and plans received 31st March 2003 Memo from Transportation Section received 25th June 2003 Memo from Head of Protective Services received 10th May 2003 Memo from Countryside and Landscape Manager received 19th May 2003 Letter from Scottish Natural Heritage received 9th May 2003 Letter from S.E.P.A. (West) received 17th July 2003 Letter from British Gas Transco received 9th April 2003 Letter from Scottish Power received 14th April 2003 Letter from the Coal Authority received 9th April 2003 Letter from Strathclyde Police received 7th May 2003 Letter from British Telecom received 17th April 2003 Letter from Councillor Morgan received 30th July 2003 Letter from Greengairs Community Council received 20th April 2003 Letter from Mrs Joy Codona, Dykehead Farm, Dykehead Road, Riggend, Airdrie, ML6 7SR received 22nd April 2003. Letter from Miss Diane Codona, Dykehead Farm, Dykehead Road, Riggend, Airdrie, ML6 7SR received 22nd April 2003. Letters from Mrs E. McArthur, 36 Hillview, Greengairs, Airdrie, ML6 7TG received 23rd April and 1 1 th

June 2003. Letters from Mr A. McArthur, 36 Hillview, Greengairs, Airdrie, ML6 7TG received 28th April and 17'h June 2003. Letters from Ms J. McGraw, 12E Aitken Street, Airdrie, ML6 6LS received 24th April and loth June 2003. Letter from Greengairs Community Council, 429 Greengairs Road, Greengairs, Airdrie, ML6 7TE received 24th April 2003. Letter from Marilyn Gardner, 24 Meikle Crescent, Greengairs, Nr Airdrie, ML6 7UQ received 1st May 2003. Letter from Karen Whitefield MSP, 19 Deedes Street, Airdrie, ML6 9AF received 2nd May 2003. Monklands District Local Plan 1991 Letters from Mason Evans dated 9th June and 20th June 2003. Revised and additional plans received 26th June and 28th July 2003.

Any person wishing to inspect these documents should contact Lindsay Kellock at 01236 812379.

NOTE TO COMMITTEE

The applicant has agreed to enter into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 in respect of site restoration and aftercare and has also agreed to provide a Bond of Caution in respect of the same. The planning permission should not be issued until these matters have been concluded.

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APPL I CAT1 0 N N 0. C/03/0042 1 /AM D

REPORT

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Description of Site and Proposal

Members will be familiar with the 512 hectare Drumshangie Opencast Coal Site near Greengairs which has been operating since 1996. Planning permission was granted in 1993 to the then British Coal Company for the extraction of approximately 10m tonnes of coal over a 10 year period. That permission allowed for (amongst other things) the removal of most of the public roads within the site including part or all of Dykehead Road, Ballochney Road, Whiterigg Road and Stanrigg Road. Only Ballochney Road was to be reinstated although the restoration plan allowed for the creation of series of new footpaths within the site. The removal of the roads was subject to the positive outcome of the necessary Stopping Up procedure. This had been subject to objections and therefore was to have been the basis of a Public Local Inquiry.

In 1997 the site was taken over by GM Mining Ltd. Since then, that company has been granted planning permission on several occasions to alter and vary the terms of the original planning permission at Drumshangie. In particular, planning permission ref. no. C/97/00499/MIN (granted 30th March 1998) allowed for the creation of crossing points over several public roads which in turn allowed for the retention of the local road network, and accordingly the Public Local Inquiry for the "Stopping Up Order" was called off.

The existing planning situation at Drumshangie (in the vicinity of this planning application site) allows for excavation works (up to 80 metres in depth and with 10 metres of the public road) on either side of Stanrigg/ Whiterigg Roads which are at the north-east corner of the Drumshangie site. This application seeks permission for the removal of the Stanrigg/ Whiterigg Roads and the 300,000 tonnes of coal from beneath it. (Note: There has been some discussion over the name given to the road in question. Some have referred to it as Arbuckle Road, but the records of the Transportation Section refer to the western half as Whiterigg Road and the eastern half as Stanrigg Road, and this report refers to it as such). The surface area extends to 0.85ha and would result in the permanent removal of 750 meters of public road. The new workings are 700 metres from the closest part of Plains. The road is bounded by post and wire fencing and some hedging, suffers from high levels of fly-tipping and is poorly surfaced with many large and deep potholes. The additional coal would be removed as part of the approved workings at Drumshangie, meaning that it would not extend the working period and would not require any alteration or additions to the current infrastructure. Given the nature and extent of the additional workings, a fresh or revised Environmental Statement was deemed not to be necessary.

The road acts as an alternative through route from Plains to Greengairs. It also provides access to the memorial which commemorates the Stanrigg Mining Disaster of 1918. Of the 19 men who died, 11 were never recovered. The memorial is located at the south-west corner of the field which is above the site of the disaster, and these are identified on the attached plan. It can also be seen that the site of the disaster is a minimum of 550 metres from the closest point of the proposed additional workings.

To compensate for the loss of the roadway, GM Mining would provide an alternative footpath connection from Darngavil Road towards the memorial. This would be put in place before workings started. It would also carry out improvements to the setting of the memorial, including new railings, parkinghrning area, newheplacement planting, the provision of a colliery wheel feature and a footpath leading to a new viewpoint affording views over the site of the disaster. Given that the alternative means of access by car would be via Ballochney Road/ Arbuckle Road/ Stanrigg Road, it would also carry out some surfacing improvements as required and create some passing places on Stanrigg Road.

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1.6 The possibility of closing off the road has been the subject of pre-application discussions. In July 2003, GM Mining wrote to my Department suggesting that because the original planning permission allowed for the removal of the road, that the Council could now proceed with necessary “Stopping Up Order”. In response, GM Mining was advised that in this respect, the original planning permission had been altered significantly, and that to revert back to it would require a further amendment to the planning permission. Before that response was made, the road in question was closed off to traffic by the Council (as Roads Authority) following its partial collapse into the adjoining opencast void. Following an inspection of the site, it was concluded that the company was not in breach of any planning conditions which may have been the cause of the collapse, and in particular the workings did not impinge on the 10m setback distance from the road. The Road Network Operations Manager wrote to the company asking it to provide details of how it planned to reinstate the road. Although a written response (or admission of responsibility) was not forthcoming, representatives of the company suggested that the road collapse might have been the result of old underground workings beneath the road. The company also put forward draft proposals to resolve the situation which culminated in the submission of this planning application.

1.7 There have been incidents on two other occasions which have resulted in public roads being closed off within the site. In 1998, part of Airdriehill Road (adjoining the excavation area) was closed off to traffic following some crackinglsubsidence. The road was reopened following repair work. More significantly, Darngavil Road was closed to traffic for nearly 2 years after part of the carriageway collapsed into the adjoining opencast void. GM Mining Ltd. was thereafter granted planning permission (ref. no. C/99/00188/MIN) which allowed for the removal of coal from beneath the site of the road followed by its reconstruction. The road was reopened to traffic in April 2001.

1.8 In support of its application, GM Mining has made the following comments:

Additional coal resources of 300,000 can be won within existing timescales at Drumshangie which will maintain existing employment levels and with negligible environmental impacts over and above that currently experienced.

The additional coal reserves will provide continuity of supply to power companies.

The permission will allow the site to be operated in line with the original planning permission for the site, which allowed for the road in question (and others) to be removed permanently. This will ensure that the coal can be removed safely.

The road is used extensively by fly-tippers. Also, the memorial is often frequented by anti- social elements.

Re-construction of the road would cost around f650,000 and with little benefit to the community. In fact, a newly reconstructed stretch of road may be attractive to joy riders etc.

The road is badly undermined and poorly surfaced, and is clearly a major ongoing maintenance liability for the Council.

GM Mining will provide improvements to the setting of the memorial and to access from the east.

1.9 Finally, the Committee should note that GM Mining has submitted an application (accompanied by a full Environmental Statement) for an extension to the southern edge of the Drumshangie site (as shown on the attached plan). This is still is still under consideration although is likely to be presented to Committee later this year.

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DeveloPment Plan

The site is identified within the Monklands District Local Plan 1991 as a mineral extraction opportunity in policy MINI (Mineral Extraction). This policy accepts the principle of opencast operations at this location subject to criteria, including the need to be a minimum distance of 250 metres from Greengairs and Wattston, and provision for services, screening, transport of materials, phased development, rehabilitation and afteruse. Policy Min 6 (Applications for Mineral Extraction) provides a list of criteria and recommendations in relation to such matters. In particular, the Council will encourage operators to restore adjoining areas of derelict land as part of proposals; provide advanced landscaping measure and secure any necessary roadlrail improvements. Also, the Council will have regard to the operator's past record on restoration and will require a phased working plan and legal agreementlbond of caution.

The size and nature of the proposal is not thought to raise issues of strategic importance. Other relevant policy guidance is found primarily within NPPG16 Opencast Coal and Related Minerals.

Consultations and Representations

A total of 12 letters of representation were received in respect of this proposal. This comprised of letters from the local member (Cllr. Morgan), Karen Whitefield MSP, the Greengairs Community Council and 9 other letters from 4 local households. These are summarised as follows:

Letter from Cllr. Morgan: 1 Should planning permission be granted, it is important that access to the Memorial be

protected and improved from the east.

The fact that GM Mining would save approx. f650,000 by not replacing the road is noted. This should be used towards other improvements to the setting and access to the Memorial.

The fact that GM Mining has already put other roads out of commission in similar circumstances is noted, including Darngavil Road which allowed the company to profit from the incident.

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Letter from Greengairs Community Council: . Objection on the basis that the road provides access by villagers to the Memorial. Many locals have family members buried there and are upset by the proposal.

Letter from K. Whitefield MSP: . It is not in the best interests of local communities that the road be removed and replaced by a footpath. . The workings would unsettle the graves of the men killed in the Stanrigg Mining Disaster.

One letter each from J Codona and D Codona of Dykehead Farm: . The road is a link between local villages and should be retained.

. People should be able to gain access to the memorial without going through Plains . People have already suffered through the hands of GM Mining, including two previous temporary road closures.

. Why can't GM Mining repair the road instead of removing it?

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This will further detract from the amenities of the area by inhibiting the flow of users of the road and by altering the landscape.

3.6 Letter from M. Gardner of Meikle Crescent, Greengairs: . GM Mining has a poor record in terms of closing roads.

. There is a proliferation of opencast and landfill uses in the area already.

. Local communities are hindered by dust from the site. . There will be no access to the memorial for an unspecified period of time. . The site is likely to be used as a landfill in future.

3.7 Two letters from J. McGraw of Aitken St. Airdrie Plans show that the site of the disaster is to opencasted in the future,

Access to the memorial should be retained, as it is an important part of local life.

3.8 Two letters each from A. McArthur and E. McArthur of Hillview, Greengairs: . Plans show the development encroaching on consecrated ground at the site of the Stanrigg Mining Disaster. . The road is closed just now because of deliberate damage by GM Mining.

3.9 The Transportation Section has no objections in principle but has made the following comments:

. The road is substandard in terms of width and horizontal and vertical geometry with no footways or street lighting along their lengths.

. No dwellings or other premises exist along the lengths of the road.

. Normally, the removal of a public road to allow development to proceed without an alternative route being provided would be opposed. An alternative route although almost 2km longer is available via Ballochney Road and Arbuckle Road. It is also noted that the applicant proposes to provide a remote footpath parallel to and on part of the line of Whiterigg and Stanrigg Roads as a suitable alternative for pedestrians, cyclists etc.

. The applicant should provide a package of direction signing at junctions along the alternative route to advise drivers of the routes to destinations which may have been altered as a part of these proposals e.g. Greengairs, Plains.

. The applicant proposes to close only part of Whiterigg and Stanrigg Roads and provide a turning facility west of the Stanrigg Memorial, the termination of a rural road however at an isolated point is likely to be unexpected by drivers particularly during the hours of darkness and is therefore undesirable. Preferably the full length of the road from its junction with Ballochney Road eastwards to its junction with Arbuckle Road should be 'stopped up' and not part of the length as proposed by the applicant. A turning facility should be provided where the existing public road would terminate road west of the Memorial.

The existing western junction of Whiterigg Road with Ballochney Road/Darngavil Road should be removed and the resulting bend improved to ensure drivers are aware of the alignment of the road. The existing junction of Stanrigg Road with Arbuckle Road should also be removed.

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1 The proposed footpath should be of a standard that will allow passage by able-bodied pedestrians along with those who may have disabilities e.g. paved and no steps.

1 Vehicular access to the Stanrigg Memorial should be via a 5.5m wide drop kerb crossing arrangement from Arbuckle Road. The first ten metres of Stanrigg Road should be a minimum of 5.5m wide and intervisible passing places provided along its remaining length between Arbuckle Road and the Stanrigg Memorial.

1 Car parking facilities say 4 spaces should be provided at the Stanrigg Memorial along with a turning facility to allow vehicles to enter and leave in a forward gear.

1 The location of the parking area should not compromise the use of the turning facility.

1 The alternative route noted above is in poor condition from the junction of Ballochney Road and Meadowhead Road eastwards to the junction of Arbuckle Road and Stanrigg Road and is unsuitable to carry any additional traffic until at least patching works can be carried out. It should be noted that due to budgetary constraints no plans exist at present by this Department to carry out this work.

3.10 Scottish Water has not commented to repeated requests for comments, despite there being a water main running along the line of the road. GM Mining has confirmed that it would re-route the water main.

3.1 1 Transco has noted the presence of a high-pressure gas pipe within to the north of the road and has issued an objection on this basis. However, it is clear that this objection is based upon a misinterpretation of submitted plans, as the additional workings do not come any closer to the pipe than currently permitted. Despite repeated requests, Transco has not yet written to me to clarify its position on this matter.

3.12 The Environmental Health Section has no objections to the proposals.

3.13 NLC Community Services has no objections in principle but has made the following comments:

1 The new paths should be designed to cater for all types of users and abilities.

1 New signage should be provided.

1 Measures to prevent fly-tipping would be welcomed.

1 Details of future management are required.

1 The improvements to the setting of the memorial are welcomed.

3.14 The Traffic Section of Strathclyde Police has no objections subject to access being maintained to the memorial.

3.1 5

3.16

The Coal Authority, BT and Scottish Power have no objections in principle.

SNH has no objections subject to the scheme subject to the following:

1

1

Development should work within the current approved scheme of phasing and timescales.

No other footpaths or public rights of way should be severed as part of this proposal.

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3.17

4.

4.1

4.2

4.3

4.4

4.5

4.6

4.7

4.8

SEPA has no objections subject to the development fitting into the existing drainage treatment and management within the site.

Plannina Assessment and Conclusions

The proposed additional opencast operations are within the confines of the application site boundary of the Drumshangie Opencast Coal Site. The application must therefore be considered to acceptable in principle, and considerations restricted to matters of detail.

Several objectors are concerned that the proposals will disturb the site of the Stanrigg Disaster. However, the additional workings are a minimum of 600 metres from the site of the Stanrigg Memorial and an around 700 metres from the site of the disaster itself. I am therefore satisfied that the proposal will have no adverse impact on the site of the disaster or on the setting of the memorial. Plans originally submitted with the application suggested that the site of the disaster was may be earmarked for future opencast development. GM Mining apologised for this misunderstanding and confirmed that it has no intentions to work within this area.

At 0.85hectare and 300,000 tonnes, the proposals constitute a small addition to the 512 hectare/ 4million tonnes operations at Drumshangie. Also, at 600 metres from the nearest house, the site is remote from nearby communities. The operations would be complete within the current timescale for Drumshangie (ie fully restored by December 2005) and would last around 10 months. Accordingly, the additional workings should not result in any noticeable increase in impacts normally associated with opencast operations such as dust, noise, vibration (from blasting) traffic and cumulative impacts. Despite the concerns of one objector, there is no suggestion by the applicant that the Drumshangie site is being considered as a possible land fill site.

Although this is a relatively small application site, it is of course the loss of the public road and its subsequent impact on travel patterns between local communities to the Stanrigg Memorial which has been the cause of most concern.

I would agree with the applicant's contention that as a thoroughfare, people travelling between Plains and Greengairs would rarely use the road. Its poor condition, narrowness, the large amount of fly-tipping, the possibility of meeting anti-social elements (evidenced by empty beer/wine bottles and burnt out cars) all point towards a road which was a very poor second option for people travelling between the two villages.

It is not clear what level of vehicular traffic the memorial normally generates. I would suggest that the numbers would normally be small and the visits infrequent, although local representatives have raised the possibility of holding annual commemoration ceremonies in the future. This proposal, whilst denying vehicular access from the west, will not impose a serious imposition on those travelling by car via the northern edge of Plains. To mitigate against the loss of vehicular access to the memorial directly from the west, GM Mining has agreed to a package of improvements to improve the setting of the memorial and access from the east.

The fact that the original planning permission for the Drumshangie site allowed for this road to be removed permanently is a material consideration and adds weight to the applicant's case. It was only because GM Mining subsequently altered their layout plans that planning permission is now required. Indeed, it should also be noted that the applicant's decision to use road-crossing points in the past has now resulted in the local road network being much more intact than previously permitted.

The fact that there have now been three road closures next to the opencast operations is noted with concern. Even if the road was somehow repaired, the prospect of 80 metre deep excavations within 10metres of the road on either side of the road and within an area of

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significant undermining would raise the prospect of further road collapses, even if GM Mining did stay within the terms of the planning permission.

4.9 Should planning permission be granted, objectors would have further opportunity to make representations on the road closure through the necessary Stopping Up procedure which would have to be promoted and successful concluded before any works were to commence on site. Should any objections to such an Order be submitted and sustained, the objectors would then be expected to present their concerns at a Public Local Inquiry convened by the Scottish Executive.

4.10 Several commentators have mentioned the possible increase in fly tipping in the remaining stretch of Stanrigg Road between the memorial and Arbuckle Road. Also, the Transportation Section has raised concerns about the safety implications of creating a new dead end within a rural road. I would suggest that if planning permission were to be granted, the "Stopping Up Order" required to remove the road (as outlined above) is supplemented by a further Order for this remaining stretch of road to convert it into a footpath (other than any essential access to the memorial). This would be by means of a lockable gate positioned at the junction of Stanrigg Road and Arbuckle Road and would restrict access to legitimate users of the road. Representatives of local communities including Community Councils would hold a copy of the key. This would address the above noted concerns of amenity and road safety. Should planning permission be granted, the conversion of this stretch of road to footway would have to be the basis of a further procedure similar to (but separate from) the above noted "Stopping Up Order", and authorisation to proceed would be sought from the next available committee.

4.1 1 Should planning permission be refused, consideration should be given as to how the road may be reopened. Even if GM Mining was to accept responsibility for the road collapse (which it has not done as yet) the Road Network Operations Manager has questioned whether the road can be repaired safely and adequately without first addressing the serious problems of undermining which exist in the area. Accordingly, should the road have to be reinstated, it may have to be preceded by the removal of the old workings and the reconstruction of the road, an option which GM Mining has suggested is not feasible due to cost implications. Clearly, this situation will restrict the options available to the Council in determining this application.

4.12 In conclusion, I consider that the previous level of usage of the road being removed, the alternative means of access being provided, the proposed improvements to the setting of the memorial, the local road improvements to the memorial from the east and the planning history of the Drumshangie site all give great weight to the granting planning permission. Against the grant of planning permission is the principle of the loss of a public road and its impact on local travel patterns, but I am satisfied that this can be mitigated to some degree. Accordingly, I would recommend that planning permission should be granted subject to the above noted conditions and to the conclusion of a necessary Section 75 legal agreement and Bond of Caution to ensure the final restoration and aftercare of the site.

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