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Decision Notice of 15 December 2022

North Lanarkshire Council · 22 February 2023
Back to Local Review Body — 22 February 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

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Page 1

Our Ref:
Your Ref:
Contact:
Tel:
E-mail:
Date: 
22/01276/PPP 
Patricia Beaton
01236 632500
Planningenquiry@northlan.gov.uk 
15 December 2022 
Mr Andrew Carlyle
c/o Mr Stephen Govan
SGA Studio
272 Bath Street
Glasgow
G2 4JR 
Dear Sir/Madam, 
Town and Country Planning (Scotland) Act 1997 
Proposal: Dwellinghouse (in principle)
Address: Land West Of, 1 Cobbleton Road, New Stevenston, Motherwell, North
Lanarkshire 
I advise you that this application was refused on 14 December 2022. 
I enclose a copy of the Decision Notice. 
Should you wish to seek a review of this decision, please read the attached guidance notes to
applicant. Any request for a review must be made within three months of the date of this
decision.   
Yours faithfully,   
Lorna Bowden
Planning And Place Manager 
Enterprise And Communities
Lorna Bowden
Planning And Place Manager
Ground Floor Civic Centre
Windmillhill Street
Motherwell ML1 1AB

Page 2

REFUSAL OF PLANNING
PERMISSION IN PRINCIPLE 
Delegated Decision 
Town and Country Planning (Scotland) Act 1997 
No:   22/01276/PPP
Date:   14 December 2022
To:   Mr Andrew Carlyle  
c/o Mr Stephen Govan  
SGA Studio  
272 Bath Street  
Glasgow  
G2 4JR 
With reference to your application dated 21 October 2022 for planning permission in
principle under the above Act and Regulations for the following development: 
Proposal: Dwellinghouse (in principle)
Address: Land West Of, 1 Cobbleton Road, New Stevenston, Motherwell, North
Lanarkshire 
North Lanarkshire Council, in exercise of its powers under the above Act and
Regulations, hereby REFUSES planning permission in principle for the reasons indicated
in the paper apart. 
The proposal is in accordance with the current development plan. 
The council’s reasoning for arriving at the above decision is as follows:- 
Reasoned Justification 
The proposed development fails to meet the criteria set out in policy PP 4 (Green Belt)
contained within the North Lanarkshire Local Development Plan 2022, in that it has not
been demonstrated that is necessary in association with uses appropriate only to a rural
area.  It is therefore not considered to be acceptable in principle in this Green Belt
location. 
Lorna Bowden
Planning And Place Manager

Page 3

Paper apart 
Reasons 
1 That the proposed development is contrary to local development plan Policy PP 4
(Green Belt), in that it does not fall within the category of acceptable Green Belt
development outlined in policy PP 4. No adequate justification, special circumstances or
material considerations have been demonstrated to merit a departure from the
development plan. 
2 That even if the proposed development were to be considered to be acceptable in
principle in the Green Belt (as already indicated in reason 1, it is not acceptable in
principle), the application has not provided evidence or information to satisfy the council
that the proposed development would not harm the integrity of, or species within, the
Site of Importance for Nature Conservation (SINC) in which the application site is
located. As such, the proposed would be contrary to local development plan Policy
PROT A (Natural Environment and Green Network Assets) 
3 That even if the proposed development were to be considered to be acceptable in
principle in the Green Belt (as already indicated in reason 1, it is not acceptable in
principle), the application would be contrary to the access and roads aspect of local
development plan policy EDQ 3.

Page 4

Additional Notes to Applicant: 
PLEASE READ THESE NOTES CAREFULLY. 
These notes do not constitute legal advice, and are not intended to be a comprehensive guide
to laws which may apply to the development which you propose to carry out. 
If you wish to obtain advice on which you will be entitled to rely, you must consult a solicitor or
other appropriate professional adviser, e.g. an architect or chartered surveyor. 
1. A copy of the plan which accompanied your application is returned docketed
appropriately. 
2. Rights of aggrieved applicants to seek review of the decision: If the applicant is
aggrieved by this decision taken under delegated powers by the planning authority they
may request that a review of the decision is undertaken by the council’s Local Review
Body.  Any request for a review (Notice of Review) must be made within three months
of the date of this decision and should be addressed to Committee Services, Civic
Centre, Windmillhill Street, Motherwell ML1 1AB. The appropriate Notice of Review form
is available online at www.eplanning.scotland.gov.uk. In the event of a review, the Local
Review Body may uphold the original decision or may reverse or vary any part of it and
may deal with the application as if it had been made to them in the first instance,
regardless of the specific issues raised in the Notice of Review. 
3. If permission to develop land is refused 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, he may serve on the planning authority a
purchase notice of his interest in the land in accordance with the provisions of Sections
88 to 94 of the Town and Country Planning (Scotland) Act 1997. 
4. Where it appears to the planning authority that there has been a breach of planning
control, they may serve enforcement and stop notices requiring the breach to be
remedied.