Minute
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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LOCAL REVIEW BODY - 22 FEBRUARY 2023 96 22 February 2023 at 10 am. A Meeting of the LOCAL REVIEW BODY PRESENT Councillor Docherty, Convener; Councillor Bustard, Vice-Convener; Councillors Brennan, Burgess, M. Coyle, Logue, Smith and L. Stubbs. CHAIR Councillor Docherty (Convener) presided. IN ATTENDANCE The Planning Manager (Strategy and Policy), Senior Planning Officer and Principal Democratic Officer. APOLOGIES Councillors McManus and Shevlin. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. The meeting noted that there were no declarations of interest. PLANNING APPLICATION NO. 22/01218/FUL - CONVERSION OF OUTBUILDING TO FORM SINGLE DETACHED DWELLINGHOUSE AT MILLCROFT STABLES, MILLCROFT ROAD, CUMBERNAULD 2. There were submitted (1) a Notice of Review of the decision taken by the Chief Officer (Place) under delegated authority to refuse Planning Application 22/01218/FUL – Conversion of Outbuilding to Form Single Detached Dwellinghouse at Millcroft Stables, Millcroft Road, Cumbernauld; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) representations received from interested parties, and (4) a report by the Chief Officer (Place) outlining the background to the application, details of the Notice of Review, photographs and maps of the site location and relevant excerpts from the North Lanarkshire Local Development Plan: PP 4 Green Belt, AD 4 Amount of Development, EDQ 1 Site Appraisal, EDQ 3 Quality of Development, SPG 07 Assessing Development in the Green Belt and National Planning Framework 4. Thereon, having heard the Convener with regard to the request on behalf of the applicant, contained within the Notice of Review, that the review should be undertaken by way of one or more hearing sessions, and following preliminary consideration of the matter before it, the Local Review Body determined, in terms of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, that the review documents provided sufficient information to enable it to determine the review without any further procedure. The Local Review Body determined the application against the North Lanarkshire Local Development Plan which was adopted on 6 July 2022 in conjunction with the National Planning Framework 4 which was adopted by the Scottish Government on 13 February 2023. The Local Review Body having discussed and given consideration to the various submissions determined that the proposed development was in accordance with National Planning Framework 4 Policy 17 - Rural Homes in that the development reuses a redundant unused building and is suitably scaled, sited and designed to be in keeping with the character of the area.
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LOCAL REVIEW BODY - 22 FEBRUARY 2023 97 Decided: that the application be granted, subject to the following condition determined by the Chief Officer (Place), as undernoted:- That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- Location Plan and 9900A/PL/01. PLANNING APPLICATION NO. 22/01276/PPP - ERECTION OF A DWELLINGHOUSE (IN PRINCIPLE) AT LAND WEST OF 1 COBBLETON ROAD, NEW STEVENSTON, MOTHERWELL 3. There were submitted (1) a Notice of Review of the decision taken by the Chief Officer (Place) under delegated authority to refuse Planning Application 22/01276/PPP – Erection of a Dwellinghouse (In Principle) at Land West of 1 Cobbleton Road, New Stevenston, Motherwell; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) representations received from interested parties, and (4) a report by the Chief Officer (Place) outlining the background to the application, details of the Notice of Review, photographs and maps of the site location and relevant excerpts from the North Lanarkshire Local Development Plan: PP 4 Green Belt, AD 4 Amount of Development, EDQ 1 Site Appraisal, EDQ 3 Quality of Development, PROT A Category A3, SPG 07 Assessing Development in the Green Belt and National Planning Framework 4. Thereon, having heard the Convener with regard to the request on behalf of the applicant, contained within the Notice of Review, that the review should be undertaken by way of one or more hearing sessions, and following preliminary consideration of the matter before it, the Local Review Body determined, in terms of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, that the review documents provided sufficient information to enable it to determine the review without any further procedure. The Local Review Body determined the application against the North Lanarkshire Local Development Plan which was adopted on 6 July 2022 in conjunction with the National Planning Framework 4 which was adopted by the Scottish Government on 13 February 2023. The Local Review Body having discussed and given consideration to the various submissions determined that the proposed development was in accordance with National Planning Framework 4 Policy 17 – Rural Homes as the development was suitably scaled and sited. Decided: that the application be granted, subject to the following conditions to be determined by the Chief Officer (Place) as undernoted:- 1. That before development starts a further planning application shall be submitted to the Planning Authority in respect of the following matters specified by condition:- a) the siting, design and external appearance of all buildings and other structures; b) the means of access to the site including visibility splays; c) the layout of the site, including all roads, footways, and parking areas; d) the details of, and timetable for, the hard and soft landscaping of the site; e) the details of proposed biodiversity enhancements; f) the design and location of all boundary walls and fences; g) the provision of drainage works;
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LOCAL REVIEW BODY - 22 FEBRUARY 2023 98 h) the disposal of sewage; and i) details of existing and proposed site levels. Reason: To enable the Planning Authority to consider these aspects in detail. 2. That, notwithstanding the requirements of Condition (1) above, the matters specified by conditions application to be submitted shall comply with the following requirements:- (a) a maximum of one dwelling that shall not exceed one and a half storeys in height, and (b) the dwellinghouse shall have its own in-curtilage parking area and shall be provided at the rate of 1-2 bedroom = 2 spaces and 3 bedroom = 3 spaces. Reason: In the interest of the amenity of the site and the general area. 3. That, before any works of any description start on the application site, and unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required. Information on the required format of the report and how it should be submitted to the Planning Authority can be found online:- https://www.northlanarkshire.gov.uk/planning-and-building/planning- applications/how-dischargecontaminated-land-planning-conditions Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents. 4. That any remediation works identified by the site investigation required, in terms of Condition 3, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 5. That, before any development works start on the application site, an intrusive site investigation shall be undertaken to establish the exact situation regarding the coal mining legacy on site. For avoidance of doubt this shall include the submission of a scheme of intrusive site investigations for mine entry and shallow coal workings, including a layout plan which identifies appropriate zones of influence for the mine entries on site, and the definition of suitable ‘no-build’ zones. The findings of the intrusive site investigation shall be submitted to the Planning Authority in the form of a detailed report for written approval in consultation with the Coal Authority. The remediation works identified for the treatment of mine entries and shallow coal workings, identified by the site investigation deemed necessary to implement this development, shall be outlined in this report.
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LOCAL REVIEW BODY - 22 FEBRUARY 2023 99 Reason: To ensure that matters relating to coal mining risk are adequately addressed. 6. That, before any development works start on the application site, the remediation works identified for the treatment of mine entries and shallow coal workings, identified by the intrusive site investigation required in terms of Condition 5 above, shall be carried out to the satisfaction of the Planning Authority in consultation with the Coal Authority. A certificate (signed by a Chartered Engineer experienced in mining works) shall be submitted to the Planning Authority confirming that the remediation works have been implemented in accordance with the relevant Coal Authority Guidance. Reason: To ensure that matters relating to coal mining risk are adequately addressed. 7. That, unless otherwise agreed in writing by the Planning Authority, before the development hereby permitted is occupied, a 2 metre wide footway shall be constructed along the full frontage of the site, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority. Reason: In the interests of pedestrian safety. 8. That, notwithstanding the generalities of Condition 1, the detailed housing layout for the site shall comply with the approved Council Guidelines in relation to the provision of open space in residential developments. Reason: To ensure the provision of satisfactory amenity space for the dwellinghouse. 9. That, before the dwellinghouse hereby permitted is occupied, unless otherwise agreed in writing with the Planning Authority, all recommendations on mitigation and biodiversity enhancements, as set out in Section 5 of the EP Ecology Ltd report dated 8 April 2022, shall be implemented in full. Reason: In the interests of protecting nature conservation interests. 10. That, should no development commence before February 2024, an updated Preliminary Ecological Appraisal Report shall be provided for the written approval of the Planning Authority before any development starts on site. Reason: In the interests of protecting nature conservation interests. 11. That, before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, an updated protected species survey shall be provided for the written approval of the Planning Authority. Once any updated protected species survey is approved, all recommendations should be implemented in full. Reason: In the interests of protecting nature conservation interests 12. That the development to which this permission in principle relates must be begun not later than the expiration of 5 years beginning with the date on which the permission is granted. If development has not begun at the expiration of this period, the planning permission in principle lapses. Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended.
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LOCAL REVIEW BODY - 22 FEBRUARY 2023 100 13. That an application for approval of all the matters specified above shall be submitted not later than the expiration of 3 years beginning with the date on which this planning permission in principle is granted Reason: So that these matters can all be assessed in full and to allow sufficient time for the development to commence within the duration of this planning permission in principle. PLANNING APPLICATION NO. 22/00913/FUL - CONVERSION OF STABLE COMPLEX FOR USE AS DOG DAY CARE AND SHOP AT 230 MOSSHALL STREET, NEWARTHILL, MOTHERWELL 4. There were submitted (1) a Notice of Review of the decision taken by the Chief Officer (Place) under delegated authority to refuse Planning Application 22/00913/FUL – Conversion of Stable Complex for Use as a Dog Day Care and Shop at 230 Mosshall Street, Newarthill, Motherwell; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) representations received from interested parties, and (4) a report by the Chief Officer (Place) outlining the background to the application, details of the Notice of Review, photographs and maps of the site location and relevant excerpts from the North Lanarkshire Local Development Plan: PP 4 Green Belt, AD 4 Amount of Development, EDQ 1 Site Appraisal, EDQ 3 Quality of Development and National Planning Framework 4. Thereon, having heard the Convener with regard to the request on behalf of the applicant, contained within the Notice of Review, that the review should be undertaken by way of one or more hearing sessions, and following preliminary consideration of the matter before it, the Local Review Body determined, in terms of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, that the review documents provided sufficient information to enable it to determine the review without any further procedure. The Local Review Body determined the application against the North Lanarkshire Local Development Plan which was adopted on 6 July 2022, in conjunction with the National Planning Framework 4 which was adopted by the Scottish Government on 13 February 2023. The Local Review Body, having discussed and given consideration to the various submissions, determined that the development was in accordance with National Planning Framer 4 Policy 29 - Rural Development as it constituted a diversification of an existing business that will contribute to the viability, sustainability and diversity of a rural community and the local rural economy. Decided: that the application be granted, subject to the following conditions to be determined by the Chief Officer (Place) as undernoted:- That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. Reason: To clarify the drawings on which this approval of permission is founded. Duration of Permission That the development to which this permission relates must be begun not later than the expiration of 3 years beginning with the date on which the permission is granted. If development has not begun at the expiration of this period then the planning permission lapses. Reason: To comply with Section 58 The Town and Country Planning (Scotland) Act 1997 as amended.