Decision Notice of 7 December 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: 22/01150/FUL Aisling Divin 01236 632500 Planningenquiry@northlan.gov.uk 7 December 2022 Miss Aillie McMillan 87 Blantyre Gardens Blackwood Cumbernauld North Lanarkshire G68 9NJ Dear Sir/Madam, Town and Country Planning (Scotland) Act 1997 Proposal: Change of Use of Open Space to Garden Ground Address: 87 Blantyre Gardens, Blackwood, Cumbernauld, North Lanarkshire, G68 9NJ, I advise you that this application was refused on 7 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: 22/01150/FUL Date: 7 December 2022 To: Miss Aillie McMillan 87 Blantyre Gardens Blackwood Cumbernauld North Lanarkshire G68 9NJ With reference to your application dated 16 September 2022 for planning permission under the above Act for the following development: Proposal: Change of Use of Open Space to Garden Ground Address: 87 Blantyre Gardens, Blackwood, Cumbernauld, North Lanarkshire, G68 9NJ 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 development fails to accord with policies by Placemaking Policy (General Urban Area) and Environmental and Design Qualities (EDQ 1-3) in the North Lanarkshire Local Development Plan 2022 by eroding an area of planned landscaping which contributes to the visual setting of the wider residential area and fails to integrate successfully with the streetscape. Lorna Bowden Planning And Place Manager
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Paper apart Reasons 1. The development fails to accord with policies by Placemaking Policy (General Urban Area) and Environmental and Design Qualities (EDQ 1-3) in the North Lanarkshire Local Plan 2022 as it would erode an area of planned landscaping which contributes to the visual setting of the wider residential area of Blackwood and would fail to integrate successfully with the streetscape to its visual detriment.
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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.