Decision Notice of 14 December 2022
North Lanarkshire Council · 22 March 2023
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Our Ref: Your Ref: Contact: Tel: E-mail: Date: 22/01029/PPP Ann McGregor 01236 632500 Planningenquiry@northlan.gov.uk 14 December 2022 Mr Allan Waddell c/o Barry McMullan 2nd Floor, Clyde Offices 48 West George Street Glasgow Scotland G2 1BP Dear Sir/Madam, Town and Country Planning (Scotland) Act 1997 Proposal: Subdivision of plot to create single dwellinghouse (in principle) Address: 254 Bonkle Road, Newmains, North Lanarkshire, ML2 9QQ, 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 Delegated Decision Town and Country Planning (Scotland) Act 1997 No: 22/01029/PPP Date: 14 December 2022 To: Mr Allan Waddell c/o Barry McMullan 2nd Floor, Clyde Offices 48 West George Street Glasgow Scotland G2 1BP With reference to your application dated 24 August 2022 for planning permission under the above Act for the following development: Proposal: Subdivision of plot to create single dwellinghouse (in principle), Address: 254 Bonkle Road, Newmains, North Lanarkshire, ML2 9QQ, North Lanarkshire Council, in exercise of its powers under the above Act, hereby REFUSES planning permission for the reasons indicated in the paper apart. The council’s reasoning for arriving at the above decision is as follows:- Reasoned Justification The proposed development would introduce an uncharacteristic form of backland development that would be harmful to the semi-rural character and visual appearance of the streetscene and general area contrary to Policies EDQ1 and EDQ3. No information has been provided to demonstrate that required visibility splays could be achieved at this location and no material considerations have been presented that would outweigh the significant harm that the development would cause. It is therefore recommended that planning permission be refused for those reasons. Lorna Bowden Planning And Place Manager
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Paper apart Reasons 1 The proposed development would introduce an uncharacteristic form of backland development that would be harmful to the semi-rural character and visual appearance of the streetscene and general area contrary to Policies EDQ1 and EDQ3. 2 The proposal fails to demonstrate that adequate visibility splays can be achieved in accordance with the speed of the road, to the satisfaction of the Planning Authority. The intensification of the access combined with the lack of such visibility would result in an unacceptable degree of hazard to all road users to the detriment of road safety.
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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.scot . 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.
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