__Notice of Review Submitted by Applicant
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 of 5 Civic Centre Windmillhill Street Motherwell ML1 1AB Tel: 01236 632500 Fax: 01698 302115 Email: esPlanning@northlan.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 100611040-001 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 Steven Pinkowski Baxter Brae 50 07818581777 ML1 5FG United Kingdom Cleland07818581777 steven.pinkowski@outlook.com
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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 Mrs 230 MOSSHALL STREET Patricia North Lanarkshire Council Cournane NEWARTHILL Mosshall Street 230 MOTHERWELL ML1 5LH ML1 5LH Scotland 659041 Newarthill 278820 07753361648 patriciacournane@yahoo.co.uk
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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) Request a review of the decision to reject a 'Change of Use' application for the conversion of an unused stable complex, into a dog day care facility and small pet food retail unit. Ref: 22/00913/FUL (100588519-001) The initial application was refused on the basis of the proposed Dog Day care business having no special circumstances, material considerations or justification for the development to go ahead with reasons stating that the proposed business is better suited to being located in a Centre or General urban area and that there is no specific locational requirement.We strongly oppose this so have provided a detailed written statement with reasons and justification- included in Supporting Documentation
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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. I have provided a detailed statement by the applicant 'NCL Change of Use appeal - Supporting Documentation'. Please take the time to review the statement as it is intended to address the key reasons stated for refusing the initial application 100588519-001 09/11/2022 26/07/2022
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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: Mr Steven Pinkowski Declaration Date: 27/12/2022
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23rd December 2022 Mrs Patricia Cournane 230 Mosshall Street Newarthill ML1 5LH Tel: 07753 361648 Dear Sir, Madam RE: Supporting Documentation for Planning Application Appeal (NLC Planning Ref: 22/00193/FUL) Initial ePlanning.Scot application 100588519 linked to Notice of Review application 100611040 I write to you as a local businesswoman to provide a statement as supporting documentation in relation to my appeal against the decision by North Lanarkshire Council to reject a ‘Change of Use’ application on my property. The proposal is for the conversion of an unused stable complex, into a dog day care facility and a small pet food retail unit. Background I own Doggywood Pet Palace, a dog day care and boarding kennels business that has been successfully operating since 2016, bringing employment and a much sought-after service to the local community. Doggywood is situated on circa 10 acres of private land, at the address stated above, alongside a private residence, a stable block, riding arena, and open fields. In the summer of 2021, I made the decision to close the Riding arena and Livery Yard as it was no longer economically viable due to rising overheads, difficulty in securing long-term reliable tenants, as well as an extensive time commitment required to maintain the facility. Situation With the surge in pet ownership during Covid there has been a very apparent increase in demand for dog care services, particularly with people transitioning from home working back into the office. At Doggywood, new enquiries were increasing consistently at the start of the year, therefore it quickly became clear that the opportunity was to utilise the unused facility by extending the dog day-care service offering. I recognised however that considerable upgrading of the facility, to convert from stables to a functioning day-care, would be required to ensure we could offer the same high standards as the current business. Although both buildings are in very close proximity (less than 50m apart – see appendix i), I recognised an opportunity to partner with a likeminded business to work in collaboration and operate the extended site. After several months of discussion and consideration, I was delighted to secure a long-term tenant, pending appropriate local authority consent, with a nearby business (RR Delights Ltd). They currently operate a small, but well established, online premium pet food business, as well as providing dog walking and dog training services, and were actively pursuing new premises to support their expansion plans. They carry a strong reputation locally and are passionate about dog welfare therefore it’s a great fit. We then worked in collaboration to design a blueprint of the desired site plan which optimises the existing building infrastructure. We aligned on dedicating around half of the facility to the proposed dog day-care, with the rest of the building being used as a reception, office space, staff kitchen, toilets, storage and a retail offering for premium pet food and natural treats (see appendix vi). I engaged with an architect and planning consultant to ensure all building regulations were being adhered to. In early June I began to undertake some of the required alterations work and in mid-July submitted the application with North Lanarkshire Council for the change of use. This was followed by several months of engagement with the council which included various inspections, some minor adjustments to the initial plan and submission of letters of justification on request. Outcome On November 9th we received confirmation that the ‘change of use’ application had been refused, though with a right to request a Notice of Review within three months of this date.
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The reasoned justification provided was as follows: “The proposed development fails to meet the criteria set out in the relevant policies contained within the North Lanarkshire Local Development Plan. The proposed uses do not comply with acceptable development types within the Green Belt. There are no other special circumstances, material considerations or justification that suggest that the development plan should not prevail” Justification for an appeal The outcome of the application was completely unexpected and left everyone involved devasted but determined to find a resolution. I appreciate the complexities of planning decisions and understand the objectives aren’t always black and white, therefore I will seek to articulate clearly below the reasons for you to have confidence to support this review. Firstly, it feels like the decision was close. The report states many positive reasons for supporting the application, such as: • There being no requirement for any structural changes, further building development or any external alterations • An Environmental Health Inspection took place with no objection to the proposal • It’s noted within the Report’s detailed considerations that there are no Site Constraints, that there are sufficient access roads, that there is adequate space for parking and that there is no impact on privacy provision Secondly, I believe the decision can be perceived as contradictory, refusing the proposal despite being on the same land as Doggywood. The report acknowledges that Doggywood is compliant with existing consent, however, distinguishes it as separate from the business opportunity proposed in the new application. I feel strongly that this is a completely unnecessary detachment and irrespective of the different business structure for operating the facility it is ultimately the same dog day-care business model in almost ever way (from the décor, size of units, outdoor secure dog run, pricing structure etc). Both buildings are on the same stretch of land, of which are under the same legal ownership and are on the same access roads, with one previously eligible for stabling horses, that attracted commercial traffic daily. The Retail unit, being the only supplementary offering, helps diversify the business and reduces risk of failure during a period of economic downturn and uncertainty. It will create an additional revenue stream, directly complimenting the day-care business, as many clients will use both, and therefore support regional economic growth and expected employment opportunities. Both Day-care services and premium pet food are recognised as rapidly growing industries (See Appendix (vii) – Market Research) and are currently underrepresented in the local community. There is a lack of businesses and infrastructure in place locally required to capitalise on this opportunity. With regards to the retail unit, we are aware of our responsibilities to minimise our environmental footprint. The following are immediate benefits that will contribute towards the business becoming more environmentally sustainable. • A focus on ethical and environmental conscious businesses when bringing on new suppliers • Target locally sourced products and suppliers • Ability to order in bulk, reducing deliveries and our carbon footprint • Many customers already order direct from the supplier – suppliers will direct customers towards their trade partners to encourage buying locally and reduce the number of long-distance deliveries A great example is Nuturaw – a leading pet food supplier with a core focus on the environment from organic ingredients, compostable packaging, no plastics, and wool insulated delivery materials. They were recently awarded the globally recognised and prestigious B-corp status for environmental performance. Furthermore, following some research, I’ve identified a handful of other businesses of a very similar nature, all based on green belt in North Lanarkshire, that have received approved planning consent in recent years. Example 1 Planning Ref: 19/00069/FUL – location Kilsyth Proposal: Commercial Dog Boarding Kennels (Partially Retrospective) as a subsidiary business to the existing, established equestrian business Justification: The proposed planning application for a commercial dog boarding kennel, in association with an established business concerned with animals is considered acceptable in terms of the criteria set out
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in the relevant policies contained within the North Lanarkshire Local Plan. The proposed development is unlikely to significantly adversely affect the Green Belt and may therefore be supported in this instance. Example 2 Planning Ref: 17/00704/FUL – location Hareshaw Proposal: Kennels for Boarding, Breeding and Day Care with Temporary dwelling accommodation for 24 hour Supervision (In Retrospect) Justification: This type of business is supported by the goals of Green Belt policy and supplementary planning guidance SPG7 (Green Belt), and any visual impacts can be mitigated by appropriate screening. Therefore, it is considered reasonable to allow this acceptable use on a temporary basis to allow a period for the business to become established and to control any residential use and any impacts in the longer term Example 3 Planning Ref: 17/00460/FUL – location Airdrie Proposal: Erection of Dog Boarding Kennels and Change of Use of Outbuilding to Dog Day Care and Training Business (In retrospect) Justification: The development meets the criteria set out in policies NBE3a and DSP4 in the North Lanarkshire Local Plan. The development is acceptable in terms of its impact upon the property and the surrounding green belt area The Proposal and Justification stated in each of the above examples have been lifted verbatim from the respective Delegated Report. I appreciate each of these proposals will differ slightly in nature and have their own unique circumstances, however having studied each Delegated Report there appears to be considerable similarities in the proposals and frustratingly the reasons given for rejecting my application, are reasons that don’t appear to be barriers in the above and therefore gives us great optimism for success on appeal. Other Considerations It was noted that there is not a locational requirement for dog day cares to be on the Green Belt, and that they can be more suitably and sustainably located in the General Urban area, being closer to markets. In response to this, I’m quite astounded that there could be any perception whatsoever that a dog day care in a general urban area is better suited. Dog safety, security and wellbeing is our number one priority and always will be. The premises and surrounding environment enable exactly that. The dedicated access road provides a safe and easy drop off or collection, without customers having to find parking on a busy main street, or industrial estate or have unnecessary interactions with the general public. It’s very unlikely that you would find a facility in an urban area with the sufficient outdoor space to provide the dogs with the best possible experience from enjoying large outdoor exercise areas. During the environmental inspection a huge amount of focus was on possible noise pollution or disturbance. Our facility is on private open land with no immediate neighbours to disturb. Once again, this important benefit is very unlikely in a busy urban area. Another reason stated for refusal was that the plan was unlikely to deliver against economic and employment growth ambitions. It’s therefore imperative that I share with you that our tenant recently presented their business plan (based on securing a lease on this site) to Business Gateway and was subsequently accepted into the Business Growth Advisory Scheme, which is a local council approved programme, supporting businesses that can demonstrate an ability to fulfil economic development priorities and therefore gaining access to investment and support for up to 18 months. These priorities include revenue growth, providing employment opportunities, being environmentally conscious and delivering growth from customers out with the immediate catchment area (so perhaps online). The uniqueness of the proposed premises on a rural location, though within easy reach of the surrounding towns, offering a one-stop solution with the complimentary offerings, is appealing directly to the target consumers. This was noted as a huge advantage and provided an added degree of optimism that the plan will be executed successfully. I understand that green belt policy has general support for utilising existing building infrastructure including the conversion, subdivision, and re-use of existing buildings in the countryside.
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I’ve spent a considerable amount of money on upgrading the existing building from installing new energy efficient doors and windows, fitting new suspended ceilings to reduce heat loss, completely rewiring the whole facility, and installing energy efficient LEDs throughout the entire site, all on timers to help minimise usage waste. We’ve installed artificial turf and secure fencing around the proposed dog-run to ensure the safest and most enjoyable experience for our client’s pets. At every stage of the project, we’ve been environmentally conscious in our approach, using local contractors with green policies, using sustainable materials, and recycling or reusing existing products where possible. The investment to date, and any further planned spend (subject to a successful appeal) is all with local businesses therefore we are supporting the local economy. The total estimated cost of the project conversion is an excess of £100k, with over half already committed and therefore potentially wasted if the proposal can’t be overturned. The work undertaken to date is very specific to this project and there is a genuine risk that over time the building becomes dilapidated and derelict with no obvious alternative use. I appreciate it could be perceived as naïve on our part for initiating the preliminary works, however we did seek some early advice from a planning consultant and as stated above we seen no apparent risk, as for all intents and purposes we were simply replicating the existing on-site business. It’s also important to note that at no stage have we started trading in any way from the facility therefore this is not a retrospective application, unlike some of the businesses highlighted above. Thank you for taking the time to read the information contained within this statement. I hope I have been able to portray some of the passion we have for our business and the positive benefits we believe that we can bring to the local economy and in turn the review can be looked on favourably. I look forward to hearing the outcome in due course. Yours sincerely, Mrs Patricia Cournane
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Appendix (i) - Google maps ariel view of the site with red line marking approximate border Appendix (ii) – Google Maps ariel view of the ‘stables’ (zoom on the above photo)
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Appendix (iii) – Panoramic photo capturing an elongated view of the stables Appendix (iv) – Photo from February 2022 – before any of the initial conversion work commenced to convert stables
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Appendix (v) – Photo (late 2022) after some of the initial ‘conversion’ work from stables to Dog Day care Appendix (vi) - Drawings of the proposed site layout, to include Dog Day care units, a small Pet Food retail unit, storage space, office space, reception, toilets, and a staff kitchen
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Appendix (vii) – Market Research Industry Macro Trends (UK) Pet food sales have experienced continuous growth over the last five years, with the COVID-19 outbreak fuelling the rapid growth of the UK cat and dog population. This increase in pet ownership has also helped to boost the pet food industry, including the growth of treats and snacks. Pet Ownership* ❖ In 2022 it is estimated that 17.4m (62% of) households have pets ❖ Dogs are the highest at an estimated pet population of 13m, within 34% of households ❖ Up over 40% from 2020 pre-pandemic estimate of 9m pet dogs, within 23% of households ❖ More than 45% of pet owners live outside of the city and about one-third are under the age of 40 ❖ The average annual cost of owning a dog in 2022 is estimated at £1,875 ❖ 78% of pet owners agree that their pet played a major role in their wellbeing since the pandemic began Consumer Spend & Premiumisation Trends** ❖ In 2020, UK consumers spent nearly £8bn on pets and related products, approximately double the expenditure from 10-years ago of £3.9bn in 2010 o £4.0bn of total spend on veterinary and other pet services, including grooming, walking, day care and boarding services o £3.2bn of total spend is on Pet Food of which around 47% at £1.5bn is on Dogs ❖ The UK Pet Food Market is projected to grow at a 4.5% CAGR over the next 5 years (to 2027) ❖ The UK dry dog food market, valued at £0.6bn in 2020, has remained broadly static over a 10-year period, whilst the emergence of Raw Food and Natural Treats has been a significant contributing factor in fuelling annual growth in recent years ❖ Wet Food and Mixers both declined in value by 1% each in the last year Consumer Behaviours*** ❖ Over a quarter of pet owners admit they like to pamper their pets and 46% have purchased a new toy or treat when unplanned ❖ Outfits are the 3rd highest expense for Dog owners spending an average of nearly £200 per year ❖ While 8 in 10 consumers plan to change their grocery shopping habits to save money, only 1 in 10 plan to cut back on what they spend on their animals ❖ 42% of owners spoil pets with treats even when budgets are tight Pet Health and Nutritional Considerations**** ❖ More than half of dog owners put their canine’s health above their own ❖ 62% of pet owners are most concerned about the nutritional benefits when buying dog food ❖ 51% are prepared to pay more for food if there is increased nutritional benefits for their dog ❖ 55% say that a healthy diet for their dog is of the upmost importance ❖ Health was the most important factor followed by brand and cost ❖ 53% admit to feeding their dog before themselves, even if hungry Sources *Pet Food Manufacturers Association – Pet Population Annual Report **Statista 2022 ***PDSA Report 2021 ****Asda Money Pet Insurance Survey