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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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Page 1

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

Page 2

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

Page 3

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.

Page 4

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.