Agenda Document Pack - Local Review Body - 22/01/2025
North Ayrshire Council · 22 January 2025
Back to Local Review Body — 22 January 2025 and its agenda
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Local Review Body A Meeting of the Local Review Body of North Ayrshire Council will be held in the Council Chambers, Ground Floor, Cunninghame House, Irvine, KA12 8EE on Wednesday, 22 January 2025 at 14:15 to consider the undernoted business. Meeting Arrangements - Hybrid Meetings This meeting will be held on a predominantly physical basis but with provision, by prior notification, for remote attendance by Elected Members in accordance with the provisions of the Local Government (Scotland) Act 2003. Where possible, the meeting will be live-streamed and available to view at https://north-ayrshire.public- i.tv/core/portal/home. 1 Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda. 2 Minutes The accuracy of the Minutes of the meeting held on 30 October 2024 will be confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973 (copy enclosed) 3 Notice of Review: 24/00454/PP: 6 Torr Righe, Shiskine, Brodick, Isle Of Arran KA27 8HD Submit report by the Head of Democratic Services on a Notice of Review submitted by the applicant in respect of a planning appeal refused by officers under delegated powers (copy enclosed). 4 Urgent Items Any other items which the Chair considers to be urgent. 1
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Webcasting Please note: this meeting may be filmed/recorded/live-streamed to the Council's internet site and available to view at https://north-ayrshire.public- i.tv/core/portal/home, where it will be capable of repeated viewing. At the start of the meeting, the Provost/Chair will confirm if all or part of the meeting is being filmed/recorded/live-streamed. You should be aware that the Council is a Data Controller under the Data Protection Act 2018. Data collected during the webcast will be retained in accordance with the Council’s published policy, including, but not limited to, for the purpose of keeping historical records and making those records available via the Council’s internet site. Generally, the press and public will not be filmed. However, by entering the Council Chambers and using the press or public seating area, you acknowledge that you may be filmed and that any information pertaining to you contained in the video and oral recording of the meeting will be used for webcasting or training purposes and for the purpose of keeping historical records and making those records available to the public. In making this use of your information the Council is processing data which is necessary for the performance of a task carried out in the public interest. If you have any queries regarding this and, in particular, if you believe that use and/or storage of any particular information would cause, or be likely to cause, substantial damage or distress to any individual, please contact dataprotectionofficer@north-ayrshire.gov.uk 2
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Local Review Body Sederunt Robert Foster (Chair) Cameron Inglis (Vice-Chair) Scott Davidson Stewart Ferguson Amanda Kerr Davina McTiernan Jim Montgomerie Ian Murdoch Chloe Robertson Ronnie Stalker Chair: Apologies: Attending: 3
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Local Review Body 30 October 2024 At a Meeting of the Local Review Body of North Ayrshire Council at 2.00 p.m. involving a combination of participation by remote electronic means and physical attendance within the Council Chambers, Irvine. Present (Physical Participation) Robert Foster, Stewart Ferguson, Cameron Inglis, Davina McTiernan, Chloé Robertson and Ronnie Stalker. Present (Remote Participation) Amanda Kerr and Jim Montgomerie. In Attendance A. Finlayson, Senior Manager; and I. Davies, Senior Development Management Officer (Planning) (Communities and Housing); R. Lynch, Senior Manager and C. Leslie, Solicitor (Legal Services); and C. Cheung, Digital Media & Marketing Analyst (Communications) and S. Wilson, Committee Services Officer (Democratic Services) (Corporate Services). Chair Councillor Foster in the Chair. Apologies Scott Davidson and Ian Murdoch. 1. Declarations of Interest There were no declarations of interest by Members in terms of Standing Order 11 and Section 5 of the Code of Conduct for Councillors. 2. Minutes The Minutes of the Meeting held on 28 August 2024 were confirmed and signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973. 3. Notice of Review: 24/00417/PP: 30 Bank Street, Irvine KA12 0AD Submitted a report by the Head of Democratic Services on a Notice of Review by the applicant in respect of a planning application refused by officers under delegated powers. The Notice of Review documentation, Planning Officer’s Report of Handling, Location Plan and Planning Decision Notice, were provided as appendices to the report. The Committee unanimously agreed a site visit was not required and following Officers’ response to questions and further discussion, the Committee moved to uphold the appeal and grant planning permission. The Committee requested a further assessment of the access be carried out by North Ayrshire Council Road’s department. The meeting ended at 2.25 p.m. Agenda Item 2 5
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The full meeting proceedings can be viewed at https://north-ayrshire.public-i.tv/core/portal/home 6
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7 NORTH AYRSHIRE COUNCIL 22 January 2025 Local Review Body Title: Notice of Review: 24/00454/PP: 6 Torr Righe, Shiskine, Brodick, Isle Of Arran KA27 8HD Purpose: To submit, for consideration of the Local Review Body, a Notice of Review by the applicant in respect of a planning application refused by officers under delegated powers. Recommendation: That the Local Review Body considers the Notice of Review. 1. Executive Summary 1.1 The Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, provides for certain categories of planning application for "local" developments to be determined by appointed officers under delegated powers. Where such an application is refused, granted subject to conditions or not determined within the prescribed period of 2 months, the applicant may submit a Notice of Review to require the Planning Authority to review the case. Notices of Review in relation to refusals must be submitted within 3 months of the date of the Decision Notice. 2. Background 2.1 A Notice of Review was submitted in respect of Planning Application 24/00454/PP: applying for retrospective permission to erect a timber deck and pergola to west (front) elevation of mid-terraced dwelling house. 2.2 The application was refused by officers for the reasons detailed in the Decision Notice. 2.3 The following related documents are set out in the appendices to the report: Appendix 1 - Notice of Review documentation; Appendix 2 - Report of Handling; Appendix 3 - Location Plan; and Appendix 4 - Planning Decision Notice. 3. Proposals 3.1 The Local Review Body is invited to consider the Notice of Review. Agenda Item 3 7
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4. Implications/Socio-economic Duty Financial 4.1 None arising from the recommendation of this report. Human Resources 4.2 None arising from the recommendation of this report. Legal 4.3 The Notice of Review requires to be considered in terms of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013. Equality/Socio-economic 4.4 None arising from the recommendation of this report. Environmental and Sustainability 4.5 None arising from the recommendation of this report. Key Priorities 4.6 None arising from the recommendation of this report. Community Benefits 4.7 None arising from the recommendation of this report. 5. Consultation 5.1 Interested parties (both objectors to the planning application and statutory consultees) were invited to submit representations in terms of the Notice of Review and no further representations were received. Craig Hatton Chief Executive For further information please contact Shannon Wilson, Committee Services Officer, at shannonwilson@north-ayrshire.gov.uk. 8
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Page 1 of 5 Cunninghame House Friars Croft Irvine KA12 8EE Email: eplanning@north-ayrshire.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100692200-001 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Barry Selkirk KA27 Scotland Isle of Arran Brodick 9
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Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Mr TORR RIGHE Przemek North Ayrshire Council Filip MAIN STREET BRODICK ISLE OF ARRAN BRODICK KA27 Scotland 628734 Shiskine, Isle of Arran 190542 10
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Page 3 of 5 Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Erection of timber deck and pergola to west (front) elevation of mid-terraced dwelling house (retrospective). Please see Supporting Documents 11
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Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Planning application, Decision notice, Photos 1-6, Client statement 100673412 16/10/2024 10/06/2024 12
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Page 5 of 5 Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Declaration Date: 19/11/2024 13
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Dear Chief Planning Officer, I am writing to formally appeal the recent decision to refuse planning permission for the timber deck and pergola erected at the front of the property I owe at 6 Torr Righe, Shiskine. While I fully appreciate the Council's commitment to upholding the North Ayrshire Local Development Plan, I believe there are aspects of this case that could benefit from further consideration. 1. Visual Impact and Privacy Concerns One of the council’s primary concerns, as I understand it, is the visual impact of the structure and its effect on neighboring properties. I would like to clarify that the pergola is not of a size that would dominate the front view of the property or alter the neighborhood's character. Its scale is proportionate to our garden measurements, and its visibility is softened by the existing tall hedge along the boundary, which is taller than the deck railings. To further address any concerns regarding privacy, I am willing to remove the northern side wall of the pergola and replace it with a railing of equal height to the existing railings. I am confident that this modification will alleviate any concerns about overlooking, while allowing us to maintain the deck’s usability and safety for our young family. 2. Daylight and Overshadowing The deck and pergola structure does not impede daylight access to neighboring properties, as the front aspect of the homes receives sunlight primarily in the afternoon. Additionally, the open design of the pergola, with slatted beams, ensures that it casts minimal shade. Therefore, the structure neither reduces natural light for our neighbors nor obstructs their views. 3. Consideration of Alternative Solutions If the above modifications are not sufficient, I am prepared to remove the pergola entirely and retain only the deck with railings. We have a young child who greatly benefits from safe outdoor play on the deck, where we can easily supervise. This is particularly important due to our proximity to a busy road, and gaps in the neighbor's fence could allow a small child to wander beyond our garden boundaries. We are very desperate to maintain the deck, as it provides a safe outdoor space for our family. I believe that with the proposed adjustments, the deck would align with the Council's criteria for development under Strategic Policy 2 and Policy 16(g), meeting both the distinctive and safe qualities intended by these guidelines. Thank you for your time and consideration of our request for review. We would be grateful for any opportunity to discuss this matter further and to 14
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arrange a site visit to demonstrate the minimal impact of the structure on the surrounding area. 15
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Page 1 of 5 Cunninghame House Friars Croft Irvine KA12 8EE Email: eplanning@north-ayrshire.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100673412-002 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Description of Proposal Please describe accurately the work proposed: * (Max 500 characters) Has the work already been started and/ or completed? * No Yes - Started Yes – Completed Please state date of completion, or if not completed, the start date (dd/mm/yyyy): * Please explain why work has taken place in advance of making this application: * (Max 500 characters) Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Erection of timber deck & pergola to west (front) elevation of mid-terraced dwelling house (retrospective). Client was unaware of the requirement for planning consent. 05/03/2024 16
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Page 2 of 5 Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Mr Ferniehirst KA27 KA27 Scotland Scotland Isle of Arran Shiskine, Isle of Arran Brodick 17
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Page 3 of 5 Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Pre-Application Discussion Have you discussed your proposal with the planning authority? * Yes No Trees Are there any trees on or adjacent to the application site? * Yes No If yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if any are to be cut back or felled. Access and Parking Are you proposing a new or altered vehicle access to or from a public road? * Yes No If yes, please describe and show on your drawings the position of any existing, altered or new access points, highlighting the changes you proposed to make. You should also show existing footpaths and note if there will be any impact on these. Planning Service Employee/Elected Member Interest Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an Yes No elected member of the planning authority? * TORR RIGHE North Ayrshire Council MAIN STREET BRODICK ISLE OF ARRAN BRODICK 628734 190542 18
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Page 4 of 5 Certificates and Notices CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATION 2013 One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1, Certificate B, Certificate C or Certificate E. Are you/the applicant the sole owner of ALL the land? * Yes No Is any of the land part of an agricultural holding? * Yes No Certificate Required The following Land Ownership Certificate is required to complete this section of the proposal: Certificate A Land Ownership Certificate Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 Certificate A I hereby certify that – (1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying application. (2) - None of the land to which the application relates constitutes or forms part of an agricultural holding Signed: On behalf of: Date: Please tick here to certify this Certificate. * 19
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Page 5 of 5 Checklist – Application for Householder Application Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information in support of your application. Failure to submit sufficient information with your application may result in your application being deemed invalid. The planning authority will not start processing your application until it is valid. a) Have you provided a written description of the development to which it relates?. * Yes No b) Have you provided the postal address of the land to which the development relates, or if the land in question Yes No has no postal address, a description of the location of the land? * c) Have you provided the name and address of the applicant and, where an agent is acting on behalf of the Yes No applicant, the name and address of that agent.? * d) Have you provided a location plan sufficient to identify the land to which it relates showing the situation of the Yes No land in relation to the locality and in particular in relation to neighbouring land? *. This should have a north point and be drawn to an identified scale. e) Have you provided a certificate of ownership? * Yes No f) Have you provided the fee payable under the Fees Regulations? * Yes No g) Have you provided any other plans as necessary? * Yes No Continued on the next page A copy of the other plans and drawings or information necessary to describe the proposals (two must be selected). * You can attach these electronic documents later in the process. Existing and Proposed elevations. Existing and proposed floor plans. Cross sections. Site layout plan/Block plans (including access). Roof plan. Photographs and/or photomontages. Additional Surveys – for example a tree survey or habitat survey may be needed. In some instances you Yes No may need to submit a survey about the structural condition of the existing house or outbuilding. A Supporting Statement – you may wish to provide additional background information or justification for your Yes No Proposal. This can be helpful and you should provide this in a single statement. This can be combined with a Design Statement if required. * You must submit a fee with your application. Your application will not be able to be validated until the appropriate fee has been Received by the planning authority. Declare – For Householder Application I, the applicant/agent certify that this is an application for planning permission as described in this form and the accompanying Plans/drawings and additional information. Declaration Name: Declaration Date: 29/05/2024 20
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Yvonne Baulk : Head Of Service (Housing & Public Protection) No N/24/00454/PP (Original Application No. N/100673412-001) REFUSAL OF PLANNING PERMISSION Type of Application: Local Application TOWN AND COUNTRY PLANNING (SCOTLAND) ACT, 1997, AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 To : Mr Przemek Filip c/o Barry Selkirk Ferniehirst Alma Road Brodick Isle of Arran Scotland KA27 8AZ With reference to your application received on 31 July 2024 for planning permission under the above mentioned Acts and Orders for :- Erection of timber deck and pergola to front of mid-terraced dwelling house (retrospective) at 6 Torr Righe Shiskine Brodick Isle Of Arran North Ayrshire KA27 8HD North Ayrshire Council in exercise of their powers under the above-mentioned Acts and Orders hereby refuse planning permission on the following grounds :- 27
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6 Torr Righe Shiskine Brodick Isle Of Arran North Ayrshire KA27 8HD No N/24/00454/PP 1. The development is contrary to Strategic Policy 2: Placemaking of the adopted North Ayrshire Local Development Plan on the grounds that the decking/pergola structure constitutes over-development of the front garden of the property, is visually prominent and results in a significant adverse effect on the privacy of, and available daylight to, a neighbouring property. The development does not therefore accord with the 'Distinctive' and the 'Safe and Pleasant' qualities of Strategic Policy 2 as the design does not draw upon the positive characteristics of the surrounding area and does not respect the amenity of existing and future users in terms of privacy or sunlight/daylight impacts. 2. The development is contrary to Policy 16 g) (Quality Homes) of adopted National Planning Framework 4 on the grounds that the decking/pergola structure has a detrimental impact on the character or environmental quality of the home and the surrounding area in terms of size, design and materials; and has a detrimental effect on the neighbouring properties in terms of physical impact, overshadowing or overlooking. Dated this : 16 October 2024 A Finlayson Chief Planning Officer (See accompanying notes) 28
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 – REGULATION 28 Yvonne Baulk : Head Of Service (Housing & Public Protection) FORM 2 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997 within three months from the date of this notice. The notice of review should be addressed to Committee Services, Chief Executive's Department, Cunninghame House, Irvine, North Ayrshire, KA12 8EE. 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land's interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 29
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REPORT OF HANDLING Reference No: 24/00454/PP Proposal: Erection of timber deck and pergola to front of mid-terraced dwelling house (retrospective) Location: 6 Torr Righe, Shiskine, Brodick, Isle Of Arran North Ayrshire ---------------------------------------------------------------------------------------------------------------- LDP Allocation: General Urban Area LDP Policies: SP2 - Strategic Policy 2 / ---------------------------------------------------------------------------------------------------------------- Consultations: None Undertaken Neighbour Notification: Neighbour Notification carried out on 01.08.2024 Neighbour Notification expired on 22.08.2024 Advert: Not Advertised ---------------------------------------------------------------------------------------------------------------- Previous Applications: None Appeal History Of Site: Relevant Development Plan Policies SP2 - Strategic Policy 2 The LDP can be viewed at the link below. LDP November 2019 NPF4 can be viewed at the link below National Planning Framework 4 - gov.scot (www.gov.scot) 30
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24/00454/PP
Description
A timber structure has been erected to the front of a mid-terraced single storey
house without planning permission. This unauthorised development was brought to
the attention of planning officers and the owner was advised that planning
permission would be required for a structure of that scale to the front of a
dwellinghouse and that an application could be made to allow the proposal to be
considered. Planning permission has now sought for the retention of the structure.
The development is a 15m2 timber deck structure which protrudes some 3.9m from
existing patio doors on the front of the house, facing towards the B880 public road.
The deck surface itself is some 450mm above ground and is enclosed by a 1m high
handrail. There is an attached pergola structure above that to a total height of 2.6m
above ground. The timber structure meets the house under the eaves of the roof, is
c.0.5m from the common garden boundary with the adjoining neighbour to the north
and is set 3m back from the front boundary with the B880 String Road.
The property is located on the southeast side of the String Road in a group of semi-
detached and terraced bungalows known as Torr Righe. The group is
approximately 1km southwest of Shiskine and is otherwise bounded by agricultural
fields to the front and rear.
The application site is within the Countryside area, as identified in the adopted North
Ayrshire Council Local Development Plan ("the LDP"). However, this proposal
relates to the extension of an existing dwellinghouse only, does not raise any
strategic planning issues in relation to the Countryside and therefore only requires to
be assessed in terms of Strategic Policy 2: Placemaking in the LDP. NPF4 Policy 16
part g) also requires consideration.
Consultations and Representations
The statutory neighbour notification procedures were undertaken and two objections
were received, raising largely the same issues, which are summarised as follows:
1. INACCURACIES: The site plan does not reflect the actual site and implies
that the undeveloped area is much bigger than it actually is, by including the public
road in the site.
RESPONSE: The original site plan appeared to include the applicants ownership,
including to the centre line of the public road rather than simply the application site
(the front garden). Other ownership outwith a red line application site boundary can
usually be indicated in a planning application by a blue boundary line, where
relevant. The agent was asked to amend this element of the plans but no amended
plans have been received. Notwithstanding this, a site visit was carried out by the
planning officer, and as per normal practice, any determination of a planning
application is based on observations of the case officer and not purely on what is
represented on the plans.
2. PRIVACY AND OVERSHADOWING: There will no doubt be a loss of
daylight and privacy for adjoining neighbours due to the height and proximity of the
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24/00454/PP structure. The north elevation is within 0.5m of a boundary and effectively forms a 3m high boundary fence. RESPONSE: Impacts on the residential amenity of other properties are considered in the following Analysis. 3. OUT OF CHARACTER: Generally, the visual appearance is in conflict with the style and character of the other eight properties in the row. RESPONSE: Matters of siting and design are considered in the following Analysis. 4. PRECEDENT: There is no precedent for a structure of this type in this area. It is out of scale and is a significant over-development of the site. RESPONSE: 'Precedent' is not a material planning consideration. The Planning Act requires that all applications are considered against the Development Plan and any other material considerations. All planning applications must therefore be considered on their own merits and approval of this application would not automatically permit similar developments at other properties. 5. HABITATS: Torr Righe is a haven for wildlife and if this development was replicated in other gardens there would be a loss of habitat for garden birds and insects. RESPONSE: This matter is not considered material to this application. The proposal is for development within the residential curtilage of a house and it must be noted that many forms of garden works, including extension of a house or outbuildings, could be carried out under the available Permitted Development Rights without requiring a planning application. All planning applications must be considered on their own merits and it is not considered that householder level developments would have a significant adverse effect on wildlife habitats requiring to be controlled by planning legislation. It is also noted that the applicant submitted a response to these objections to the Planning Officer, which can be summarised as follows: APPLICANT'S RESPONSE: (a) The structure was built with the safety of their young child in mind given the proximity of the String Road to the front boundary; (b) Before construction, they had consulted with the adjoining neighbours, who had no objection to it, but that one of the properties has since been sold; (c) Other neighbours have indicated support for the work; (d) Other properties in the area have altered front gardens, including conversion to driveways so the applicant does not agree that this proposal is out of keeping with the setting; (e) Disagrees that the structure is a distraction to drivers on the String Road; (f) Claims that the red lines on the submitted Site Plan were marked by the Council and have not been altered in the application. The dimensions of the structure are clearly marked on the plans; RESPONSE: The need for such a householder development does not require to be demonstrated in terms of the LDP; the design, siting and impacts of the proposal are considered in the following Analysis; it is not clear what the reference to plans 32
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24/00454/PP marked by the Council refers to. The plans are to be considered as submitted in the application. No consultations were undertaken. Analysis The Town and Country Planning (Scotland) Act 1997 requires that planning applications be determined in accordance with the development plan unless other material considerations indicate otherwise. The development plan comprises the North Ayrshire Local Development Plan (the LDP), adopted in November 2019, and National Planning Framework 4, adopted in February 2023. Strategic Policy 2: Placemaking of the LDP requires that development proposals shall meet the qualities of successful places outlined in the policy. Given its siting at a prominent position at the front of the house, the development has a significant visual impact on the rural residential character of the area. No houses in the group have been extended to the front and whilst the southmost end house appears to have formed an driveway to the front without the benefit of planning permission, that does not result in any visual impact similar to the proposal under consideration. The timber deck and pergola structure does not draw on the established positive characteristics of the rural housing group and is not consistent with the identity of the existing properties. It does not therefore deliver the quality 'Distinctive' required by Strategic Policy 2. The other most relevant criteria of the Policy to the development being considered is 'Safe and Pleasant' which requires proposals to respect the amenity of others in terms of noise, privacy, sunlight and daylight, parking etc. The structure is next to the common boundary and effectively results in a slatted 3m high boundary fence only 1.5 to 2 metres south of the patio windows on the front of the neighbouring house with a resultant adverse effect on available daylight to the detriment of the residential amenity of that property. In discussions, the agent in the application suggested that the pergola/fence could be removed but the deck itself is c.450mm high and would itself allow unobstructed overlooking of the front windows of the neighbour house, resulting in a significant adverse effect on the privacy available to that property. Given the above, it is considered that the development does not accord with the criteria of Strategic Policy 2 and there is no apparent way that the deck structure could be reduced or amended in its current site to overcome the issues noted. In addition, and for the reasons given above, it is not considered that the development would accord with NPF4 policy 16 part g) which states: Householder development proposals will be supported where they: i. do not have a detrimental impact on the character or environmental quality of the home and the surrounding area in terms of size, design and materials; and ii. do not have a detrimental effect on the neighbouring properties in terms of physical impact, overshadowing or overlooking. 33
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24/00454/PP The above concerns were raised with the agent and the applicant was invited to withdraw the application. They were advised of the available permitted development rights to erect such structures, albeit at reduced scale, to the rear of a dwellinghouse without requiring a planning application and were also advised that the structure should be removed or that planning enforcement action could follow to seek its removal. However, the applicant seeks a determination of the application. There are no other material considerations. It is recommended that planning permission is refused on the grounds that the retrospective application for the development does not accord with Strategic Policy 2 of the LDP and NPF4 policy 16 part g). Decision Refused Case Officer - Mr Neil McAteer 34
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24/00454/PP Appendix 1 - Drawings relating to decision Drawing Title Drawing Reference (if applicable) Drawing Version (if applicable) Location Plan 2402-01 Existing and Proposed Floor Plans 2402-03 revA Block Plan / Site Plan 2402-02 B 35
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