Report of Handling
North Lanarkshire Council · 22 February 2023
Back to Local Review Body — 22 February 2023 and its agenda
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DELEGATED REPORT PLANNING APP No: 22/01218/FUL Date Application Valid: 12 October 2022 Proposal Conversion of outbuilding to form single detached dwellinghouse Address Millcroft Stables Millcroft Road Cumbernauld North Lanarkshire G67 4AG Case Officer: Patricia Beaton Local Plan Policies PP 4 and AD 4 (Green Belt) EDQ 1 (Site Appraisal) EDQ 3 (Quality of Development) SPG 07 (Assessing Development in the Green Belt) Planning History 08/01300/FUL Construction of Stables and Ancillary Buildings 09/00053/FUL Proposed Stable Development Comprising Erection of Three Stable Blocks and Erection of Temporary Log Cabin Containing Manager's Living Accommodation and Office along with the Formation of Access Road, Car Parking, Horse Riding Areas and Paddock 11/00655/AMD Temporary Managers Accommodation and Stable Block (Amendment to planning permission C/09/00053/FUL) 17/00641/FUL Change Managers Accommodation from Temporary to Permanent (Non- Compliance with Conditions on Previous Consents 09/00053/FUL (Condition 2) & 11/00655/AMD (Condition 3) ) 20/00111/FUL Detached Triple Garage with Upper Floor Ancillary Accommodation (Games Room) 20/00238/FUL Dwellinghouse 20/00741/AMD Erection of a Private Single Storey Stable Block Building (amendment to planning permission 09/00053/FUL) 22/01218/FUL Conversion of outbuilding to form single detached dwellinghouse Site Assessment Date(s) 14 October 2022 Weekly List Date 20 October 2022 Neighbour Notification Sent Neighbour Notification Expiry Date Advert Date 26 October 2022 Advert Expiry Date Report Detailed Considerations: Siting The site is located at Millcroft Stables, which is accessed from Millcroft Road. The established stable business has a collection of buildings in situ accessed from a central yard space including stable block, multipurpose sheds and manager’s accommodation/office building. The outbuilding has been in use as a garage and ancillary (non residential) accommodation (storage/games room) associated with the existing equestrian business. Design and Materials The applicant proposes to convert the existing outbuilding into a single detached dwellinghouse (three bedroom) with some exterior amendments. The size and scale of the existing outbuildings will be unaltered as part of the proposed conversion. The exterior wall finish of the outbuilding will be amended to be a stone finish. To the front elevation the three existing garage doors will be replaced with three sets of sliding doors. To the rear elevation the location of the existing ground floor windows will be altered with an additional ground floor window being included. To the rear roof elevation, the location of the four velux rooflights will be altered. Daylight/Sunlight It is considered that there would be limited impact on neighbouring daylight/sunlight due to the proposed conversion. Boundary Treatment No boundary treatments proposed.
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Privacy It is considered that there would be limited impact on neighbouring privacy due to the proposed conversion. Adjacent Levels The application siter is relatively flat. Landscaping (including garden ground) No landscaping proposed Access, Parking and Turning No changes to the existing access to Millcroft Road. Three parking spaces are proposed. Site Constraints It is considered that there would be limited impact on neighbouring daylight/sunlight due to the proposed conversion. Consultation Responses The council's Pollution Control has no issues with the proposed development. The council's Roads Development Service has advised that they have no objection. Any Other Material Considerations The Scottish Government confirmed on 5 July 2022 that the Scottish Ministers do not propose to issue a direction in respect of the adoption the North Lanarkshire Local Development Plan and that the Council can proceed to Adopt. Accordingly, the Plan has now been Adopted by the Council and became operative on 6 July 2022. Officer Report: This application seeks to convert an existing outbuilding to form a single detached dwellinghouse. Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions are made in accordance with the development plan unless material considerations indicate otherwise. The assessment will therefore identify the development plan policies relevant to the proposal, will make an assessment against these policies and come to a conclusion on which decision (grant or refuse) would accord with them. It will then look at other material considerations to establish if there are any that would suggest a decision different from the one reached in relation to the development plan. In terms of development plan policy, new residential development in the Green Belt is covered by policy PP 4 and AD 4. Policy PP 4 sets out that the council will protect the setting of communities, support regeneration by directing growth to urban areas, protect natural assets and provide a high-quality environment. The council will support developments for agriculture, forestry, recreation, or developments that need a non-urban location, including, where appropriate, Visitor Economy related development. The council will encourage development appropriate for a Green Belt location by resisting development that is not for agriculture, forestry, recreation, tourism, or needs a Green Belt location, whilst allocating appropriate land for urban expansion. With regard to policy AD 4, applications for planning permission for new development will be assessed for their implications related to the amount of development proposed. The need for an assessment depends on the combination of type (Use Class), scale and location of development. For Class 9 uses (houses), any residential development would need to be in support of a Green Belt appropriate use. Policy EDQ 1 Site Appraisal requires any development to be appraised in terms of the site and its surroundings to ensure it will integrate successfully into the local area and avoid harm to neighbouring amenity. This appraisal addresses matters such as design, massing, topography and transportation aspects. Policy EDQ 3 Quality of Development sets out that development will only be permitted where high standards of site planning and sustainable design are achieved. Aspects such as siting; overall layout; density; form; scale; height; massing; proportion; detailing; colour; materials for the proposed development need to be considered. Policy EDQ 3 also includes aspects related to creating areas which provide a sustainable, safe, secure, and convenient access to and from the development that makes it easy to move around, and is attractive to pedestrians, cyclists, and people with disabilities. Any development would need to integrate well with public transport, green networks and wider links. The assessment of and (where necessary) the mitigation of pollution impacts is also included within policy EDQ 3. With regard to Green Belt policy PP 4, this policy sets out that the council should resist development that is not for agriculture, forestry, recreation, tourism, or needs a Green Belt location. SPG 07 (Assessing Development in the Green Belt) complements Policy PP4 and sets out the council's position on dwellings for new dwellinghouses. SPG 07 advises that there is a general presumption against granting planning permission for new dwellings in the Green Belt not associated with agricultural or forestry workers. As this new converted dwellinghouse is not associated with any of the uses appropriate only to a Green Belt area set out in policy PP 4, it is considered that this new permanent dwellinghouse does not fall within acceptable category defined by policy PP4. Furthermore, as the proposed converted dwellinghouse is to be sold outwith the existing equestrian business and would not be associated with agricultural or forestry workers, this development would not be consistent with the requirements of SPG 07 . This proposal, by failing to fall within the acceptable use category defined by policies PP 4 and AD 4, is therefore contrary to the development plan.
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Whilst policy PP 4 does allow for the allocation of appropriate land for urban expansion, it is considered that given the location of the application site, this site would not be a logical expansion to the urban area. The proposal is also considered contrary to this aspect of policy PP 4. A proposed development must undergo an assessment of appropriateness which includes whether there is evidence that there is a specific locational requirement for the proposal and whether there is evidence that the proposal will result in significant economic benefit. The applicant has not provided any evidence of locational need for a permanent dwellinghouse in this location in association with their existing equestrian business, indeed the applicant has advised the existing outbuilding is surplus to their business requirements. The applicant's need for a permanent dwellinghouse in this location is financially in nature, with the applicant hoping to gain financially with the sale of the dwellinghouse (if approved). The applicant has advised that the conversion to a single detached dwellinghouse is now being proposed as the outbuilding is surplus to the requirements of the existing equestrian business. The existing triple garage and ancillary (non-residential) accommodation (storage/games room) is no longer required as part of the existing business. The applicant's need for a permanent dwellinghouse in this location is financially based, with the applicant hoping to gain financially with the sale of the dwellinghouse (if approved) to subsidise financial losses accrued during the pandemic. It is considered that the proposed development, following an assessment of its appropriateness, remains contrary to policies PP 4. In relation to policies EDQ 1 the applicant has submitted information in relation to their appraisal of the application site including drawings outlining the site as existing and as proposed. With regard to policy EDQ 3, whilst it is considered that the design of the proposed conversion would be acceptable given that limited amendments to the existing building are being proposed, it is considered that the proposal for a single permanent dwellinghouse in this location would not integrate successfully into the local and wider area, given that it would be a standalone isolated dwellinghouse, separate from the existing adjacent business. In terms of the transportation and parking aspects of policy EDQ 3, whilst the Roads Development Service has no objections to the proposed conversion as no additional access to Millcroft Road is being proposed and that adequate parking provision is being proposed, it is considered that any resident of the converted dwellinghouse would be reliant on a car to move around and access everyday services, given the isolated rural nature of the site and its limited access to public transport. It is considered that even if the proposed development were to be considered to be acceptable in principle in the Green Belt (as already indicated above, it is not acceptable in principle) the proposed development would also be considered contrary to the sustainability and transportation aspects of policy EDQ 3. Since the proposal is contrary to development plan policy (and in particular Green Belt policies PP 4 and AD 4 and also policy EDQ 3) it should be refused in accordance with Section 25 unless there are any other material considerations that suggest it should be approved despite non-compliance. The applicant has advised in their supporting statement that the sale of this asset is critical to generate equity to subsidise losses suffered during the pandemic. Whilst there is some sympathy for the applicant's financial position, it is considered that the approval of this type of development in the Green Belt only on the basis of the applicant's personal financial position would not be consistent with development plan policy (specifically PP 4). Taking into consideration the supporting statement submitted by the applicant it is considered that no special circumstances, material considerations or justification have been put forward by the applicant, that would suggest that the development plan should not prevail in this case. No objections were received during the advertisement of this application. In conclusion, it is deemed that the principle of this development is unacceptable, as the proposal fails to comply with policy regarding the necessity for the proposed dwellinghouse in this location. The applicant has not provided sufficient material considerations or justification to suggest that the development plan should not prevail in this case. There have been no planning related circumstances raised by the applicant that suggest that the development plan should not prevail in this case. The proposed development should therefore be refused planning permission. Date 8 December 2022 Representations None
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Reasoned Justification The proposed development fails to meet the criteria set out in Green Belt policies PP 4 and AD 4 contained within the North Lanarkshire Local Development Plan, 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. Recommendation: Refuse for the Following Reasons:- 1. That the proposed development is contrary to Green Belt policy PP 4 and AD 4 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 propsed development would be contrary to the sustainability and transportation aspects of policy EDQ 3. Informatives; No Informatives