__Planning Adviser Background Report
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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North Lanarkshire Council Report Local Review Body Does this report require to be approved? ☒ Yes ☐ No Ref 22/00913/FUL LRB Date Click here to enter a date. Planning Application: Planning Adviser Background Report From Pamela Humphries, Chief Officer of Place E-mail Laingg@northlan.gov.uk Telephone Gordon Laing, 07970018874 Executive Summary This background report summarises the key considerations for review by the members of the Local Review Body in determining the appellants appeal against the delegated refusal of their application. Recommendations That the members of the Local Review Body note the content of this background report. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection
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1. Background 1.1 Planning Application 22/00913/FUL for conversion of stable complex for use as dog day care and shop at 230 Mosshall Street, Newarthill was refused planning permission under delegated powers on the 9th November 2022. 1.2 A notice of review was submitted by the appellant dated 27th December 2022. 2. Description of Proposal and Location 2.1 Description of proposal: Conversion of stable complex for use as dog day care and shop. Location: 230 Mosshall Street, Newarthill, Motherwell 2.2 The application site is C shaped stables located at 230 Mosshall Street, Newarthill in a location further west of an existing kennel business. The site is bounded by two dwellings to the north, gas holder station to the south-east and open fields to the south and west. The site is accessed via an existing track road just off Mosshall Street/Cleland Road which also provides access the existing dog boarding kennels. 2.3 Site Context Google Aerial View 1
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Google Aerial View 2 2.4 Plans Location Plan
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Block Plan Existing Plans and Elevations
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Proposed Plans and Elevations 2.5 Site Photographs Internal Courtyard View from Application Building Looking North
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Existing Courtyard View of Application Building Existing Courtyard View of Application Building
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Existing Courtyard View of Application Building View From Site Looking North
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View From West Side of Application Building Looking North View Looking South East
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2.6 Planning Policy 2.7 National Planning Framework 4 (NPF4) adopted on the 13th February 2023 forms part of the Development Plan and is required to be taken account when determining planning applications. In circumstances where there are differences between NPF4 and the adopted North Lanarkshire Local Development Plan (NLLDP), it should be noted that the NPF4 policy position will supersede the policies in the NLLDP. 2.8 The Chief Planner issued a letter on 8th February 2023, providing advice on NPF4 becoming part of the statutory ‘development plan’ alongside local development plans (LDPs) with the intention for this advice to support consistency in decision making ahead of new style LDPs being in place. In relation to the application of NPF4 Policy the letter states Section 25 of the 1997 Act requires that decisions are made in accordance with the development plan unless material considerations indicate otherwise. Application of planning judgement to the circumstances of an individual situation remains essential to all decision making, informed by principles of proportionality and reasonableness. It is important to bear in mind NPF4 must be read and applied as a whole. The intent of each of the 33 policies is set out in NPF4 and can be used to guide decision-making. Conflicts between policies are to be expected. Factors for and against development will be weighed up in the balance of planning judgement. It is recognised that it may take some time for planning authorities and stakeholders to get to grips with the NPF4 policies, and in particular the interface with individual LDP policies. As outlined above, in the event of any incompatibility between a provision of NPF and a provision of an LDP, whichever of them is the later in date is to prevail. Provisions that are contradictory or in conflict would be likely to be considered incompatible. Initial assessments are that while some LDP policies, particularly ones with thresholds for development derived from Clydeplan, will not be wholly applicable from the 13th of February, NPF and LDP policies are generally complimentary. In the case of this application the 33 Policies within NPF4 are presented for members consideration and it is for members to make a judgement on their applicability. As an aid the following policies may be considered to have particular relevance to this application: Policy 1 Tackling the climate and nature crises Policy 2 Climate mitigation and adaptation Policy 3 Biodiversity Policy 8 Green belts Policy 12 Zero Waste Policy 14 Design, quality and place Policy 23 Health and Safety Policy 28 Retail Policy 29 Rural Development A copy of all NPF4 policies is included in the papers annex. As the site lies within the Rural Area as defined in NPF 4 then Policy 29 may be considered alongside Policy 8 and equivalent LDP policy PP4.
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2.9 North Lanarkshire local Development Plan. Local Plan Extract 2.10 The relevant Policies in the North Lanarkshire Local Development Plan 2022 and associated Guidance are detailed can be summarised as follows: PP 4 Green Belt Policy Purpose of Place AD 4 Green Belt Policy Amount of Development EDQ 1 Policy Site Appraisal EDQ 3 Policy Quality of Development SPG 07 Green Belt A copy of these policies in full are located the agenda papers annex. 2.11 The report of handling considered that the proposed development failed to meet the criteria set out in the relevant policies contained within the North Lanarkshire Local Development Plan and in particular Green Belt policy PP4. It was considered that the proposed use does 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. 2.12 Reasons for Refusal That the proposed development is unacceptable against local plan policy PP4 as it does not represent uses that fall within the category of acceptable development types
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in the Green Belt. It specifically is contrary to policy PP4 in that it is not compatible with the Green Belt, it is better suited to being located in a Centre or General Urban Area, and in that there is no specific locational requirement. 2.13 The report of handling recommended that the proposal should be refused for the reasons outlined in both the Reasoned Justification and in the Reasons for Refusal contained within the agenda papers annex. 2.14 The application was refused planning permission on 9th November 2022. 2.15 Consultations 2.16 NLC Environmental Health: No objection to the proposed development. 2.17 Representations 2.18 There were no representations received in relation to the application. 2.19 Review Submission 2.20 The applicant has submitted a Review Statement and supporting documents contained in full within the agenda papers annex. The statement expresses, in summary, the applicant’s view that:- - The officers report of handling stated many positive reasons to support the application including no requirement for structural changes, further building development or external alterations. - Environmental Health had no objection to the proposed development - There are no site constraints and the proposals include sufficient access and parking provision. - There is no impact on privacy. - The decision is contradictory given that the proposals are located on the same land as the existing Doggywood facilities which are noted to be compliant and the proposed new facility irrespective of its different business model is ultimately utilises the same doggy day care business model. - Both buildings are on the same stretch of land, have the same legal ownership and share the same access roads. - The retail unit helps to diversify the business and reduces the risk of failure during periods of economic downturn and creates an additional revenue stream. - Both day care services and premium pet food are recognised as rapidly growing industries. - There is currently a lack of businesses and infrastructure in place locally to capitalise on this opportunity. - The retail unit allows the targeting of local sourced products and suppliers, ability to order in bulk reducing deliveries and carbon footprint - The appellant has also identified a number of similar businesses of a similar nature and based on Green Belt that have received approval in recent years. The appellant considers that there are considerable similarities to these other proposals. - The location of the development in a rural setting as opposed to the urban area allows better safety, security and well being for the dogs and allows for sufficient outdoor space to provide the best possible experience for the dogs. - The proposed tenant for the site has provided a business plan which has been accepted into the Business Growth Advisory Scheme. - Green Belt policy is supportive of the re-use of existing buildings including conversion.
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- Considerable money has already been spent upgrading the existing building and its surroundings in anticipation of approval and this would be lost. 2.21 Representations subsequent to notification of interested parties of the notice of Review 2.22 No further representations have been submitted in response to the submission of the Notice of Review. 2.23 Conclusion and Decision on Proceeding with the Local Review Body Decision 2.24 As with all applications each case requires to be considered on its own merits and in accordance with the development plan policies unless material considerations outweigh the provisions of these policies. These are the factors and issues which require to be considered by the Local Review Body when determining this application. 2.25 The members are now requested to consider whether sufficient information is provided within this LRB Report and the associated annex to proceed with the hearing. 3. Measures of success 3.1 That the information provided is sufficient for the Local Review Body to determine the appellants review submission. 4. Supporting documentation 4.1 The Planning Adviser Background Report will be accompanied by additional supporting information contained within the background papers and includes:- - Planning Decision Notice. - Report of Handling - Planning Policy Documents - Consultation Response - Notice of Review and Supporting Documentation. Pamela Humphries Chief Officer (Place)
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒
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If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services.