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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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
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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
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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.
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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.