Decision Notice of 3 November 2022
North Lanarkshire Council · 22 March 2023
Back to Local Review Body — 22 March 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Our Ref: Your Ref: Contact: Tel: E-mail: Date: 22/00232/PPP Stewart MacCallum 01236 632500 Planningenquiry@northlan.gov.uk 3 November 2022 Mrs Shiela Oakes c/o David Aitcheson OSD Design Solutions Ltd International House Suite 1/J3 Stanley Boulevard, Blantyre, Glasgow G72 0BN Dear Sir/Madam, Town and Country Planning (Scotland) Act 1997 Proposal: Dwellinghouse with garage and access (in principle) Address: Site At, Mill Road, Allanton, North Lanarkshire I advise you that this application was refused on 3 November 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 IN PRINCIPLE Delegated Decision Town and Country Planning (Scotland) Act 1997 No: 22/00232/PPP Date: 3 November 2022 To: Mrs Shiela Oakes c/o David Aitcheson OSD Design Solutions Ltd International House Suite 1/J3 Stanley Boulevard, Blantyre, Glasgow G72 0BN With reference to your application dated 1 March 2022 for planning permission in principle under the above Act and Regulations for the following development: Proposal: Dwellinghouse with garage and access (in principle) Address: Site At, Mill Road, Allanton, North Lanarkshire North Lanarkshire Council, in exercise of its powers under the above Act and Regulations, hereby REFUSES planning permission in principle for the reasons indicated in the paper apart. The proposal is in accordance with the current development plan. The council’s reasoning for arriving at the above decision is as follows:- Reasoned Justification The proposal is contrary to the development plan in that it represents an inappropriate sporadic and isolated development in the Countryside area. It clearly lies outside the established urban envelope and it does not meet the assessment of appropriate criteria under the development plan for developments in the Countryside area. There are no other special circumstances, material considerations or justification that suggest that the development plan should not prevail. Lorna Bowden Planning And Place Manager
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Paper apart Reasons 1. The proposal is contrary to local development plan, as it constitutes inappropriate, sporadic, and isolated development in the Countryside. It does not meet the appropriateness criteria under the local development plan policy PP5 (Countryside) or the standards of the Environmental and Design Qualities policy EDQ 1, and no adequate justification, special circumstances or material considerations have been demonstrated to merit a departure from the development plan.
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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.scotland.gov.uk. 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.