Minute
North Lanarkshire Council · 22 March 2023
Back to Local Review Body — 22 March 2023 and its agenda
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LOCAL REVIEW BODY - 22 MARCH 2023 136 22 March 2023 at 10 am. A Meeting of the LOCAL REVIEW BODY PRESENT Councillor Bustard, Vice-Convener; Councillors Brennan, Burgess, McManus, Shevlin, Smith and L. Stubbs. CHAIR In the absence of the Convener, Councillor Bustard (Vice-Convener) presided. IN ATTENDANCE The Planning Manager (Strategy and Policy); Senior Planning Officer and Principal Democratic Officer. APOLOGIES Councillors M. Coyle, Docherty and Logue. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. The meeting noted that there were no declarations of interest. EXTRACT OF RELEVANT POLICY DOCUMENTS 2. There was submitted North Lanarkshire Local Development Plan and National Planning Framework 4 which would be used to determine the undernoted planning applications. Decided: that the contents of North Lanarkshire Local Development Plan and National Planning Framework 4 be noted. PLANNING APPLICATION NO. 22/00232/PPP - DWELLINGHOUSE WITH GARAGE AND ACCESS (IN PRINCIPLE) AT MILL ROAD, ALLANTON 3. There were submitted (1) a Notice of Review of the decision taken by the Chief Officer (Place) under delegated authority to refuse Planning Application 22/00232/PPP – Dwellinghouse with Garage and Access (In Principle) at Mill Road, Allanton; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) a representation received from an interested party; (4) a report by the Chief Officer (Place) outlining the background to the application, details of the Notice of Review, photographs and maps of the site location, and (5) North Lanarkshire Local Development Plan and National Planning Framework 4: Thereon, having heard the Convener with regard to the request on behalf of the applicant, contained within the Notice of Review, that the review should be undertaken by way of one or more hearing sessions, and following preliminary consideration of the matter before it, the Local Review Body determined, in terms of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, that the review documents provided sufficient information to enable it to determine the review without any further procedure.
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LOCAL REVIEW BODY - 22 MARCH 2023 137 Thereon, the Local Review Body, having discussed and given consideration to the various submissions and representations and in particular, with regard to the policies contained within North Lanarkshire Local Development Plan and National Planning Framework 4, determined that the proposal was contrary to the Local Development Plan as it constituted inappropriate, sporadic and isolated development in the countryside and did not meet the appropriate criteria under Local Development Plan Policy PP 5 Countryside (Purpose of Place) or the standards of Local Development Plan Policy EDQ 1 Environmental and Design Qualities (Site Appraisal) and no justification, special circumstances or material considerations had been demonstrated to merit a departure from the Development Plan. Decided: that the decision by the Chief Officer (Place) to refuse Planning Application 22/00232/PPP for the Erection of a Dwellinghouse with Garage and Access (In Principle) at Mill Road, Allanton be upheld as the proposal was contrary to the Local Development Plan as it constituted inappropriate, sporadic and isolated development in the countryside and did not meet the appropriate criteria under Local Development Plan Policy PP 5 Countryside (Purpose of Place) or the standards of Local Development Plan Policy EDQ 1 Environmental and Design Qualities (Site Appraisal) and no justification, special circumstances or material considerations had been demonstrated to merit a departure from the Development Plan. PLANNING APPLICATION NO. 22/01029/PPP - SUB-DIVISION OF PLOT TO CREATE A SINGLE DWELLINGHOUSE (IN PRINCIPLE) AT 254 BONKLE ROAD, NEWMAINS 4. There were submitted (1) a Notice of Review of the decision taken by the Chief Officer (Place) under delegated authority to refuse Planning Application 22/01029/PPP – Sub-Division of Plot to Create a Single Dwellinghouse (In Principle) at 254 Bonkle Road, Newmains; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) representations received from interested parties; (4) a report by the Chief Officer (Place) outlining the background to the application, details of the Notice of Review, photographs and maps of the site location, and (5) North Lanarkshire Local Development Plan and National Planning Framework 4: Thereon, having heard the Convener with regard to the request on behalf of the applicant, contained within the Notice of Review, that the review should be undertaken by way of one or more hearing sessions, and following preliminary consideration of the matter before it, the Local Review Body determined, in terms of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, that the review documents provided sufficient information to enable it to determine the review without any further procedure. Thereon, the Local Review Body, having discussed and given consideration to the various submissions and representations and in particular, with regard to the policies contained within North Lanarkshire Local Development Plan and National Planning Framework 4, determined that the 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 Local Development Plan Policies EDQ 1 Environmental and Design Qualities (Site Appraisal) and EDQ 3 Environmental and Design Qualities (Quality of Development) and, in addition, the proposal failed to demonstrate that adequate visibility splays could be achieved in accordance with the speed of the road to the satisfaction of the Planning Authority and 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. Decided: that the decision by the Chief Officer (Place) to refuse Planning Application 22/01029/PPP for the Sub-Division of a Plot to Create a Single Dwellinghouse (in principle) at 254 Bonkle Road, Newmains be upheld as 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 Local Development Plan Policies EDQ 1 Environmental and Design Qualities (Site Appraisal) and EDQ 3 Environmental and Design Qualities
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LOCAL REVIEW BODY - 22 MARCH 2023 138 (Quality of Development) and in addition, the proposal failed to demonstrate that adequate visibility splays could be achieved in accordance with the speed of the road to the satisfaction of the Planning Authority and 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. PLANNING APPLICATION NO. 22/01150/FUL - CHANGE OF USE OF OPEN SPACE TO GARDEN GROUND AT 87 BLANTYRE GARDENS, BLACKWOOD, CUMBERNAULD 5. There were submitted (1) a Notice of Review of the decision taken by the Chief Officer (Place) under delegated authority to refuse Planning Application 22/01150/FUL – Change of Use of Open Space to Garden Ground at 87 Blantyre Gardens, Blackwood, Cumbernauld; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) a representation received from an interested party; (4) a report by the Chief Officer (Place) outlining the background to the application, details of the Notice of Review, photographs and maps of the site location, and (5) North Lanarkshire Local Development Plan and National Planning Framework 4: Thereon, having heard the Convener with regard to the request on behalf of the applicant, contained within the Notice of Review, that the review should be undertaken by way of one or more hearing sessions, and following preliminary consideration of the matter before it, the Local Review Body determined, in terms of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, that the review documents provided sufficient information to enable it to determine the review without any further procedure. Thereon, the Local Review Body, having discussed and given consideration to the various submissions and representations and, in particular, with regard to the policies contained within North Lanarkshire Local Development Plan and National Planning Framework 4 noted that the development failed to accord with PP 5 Countryside (Purpose of Place) and EDQ 1 to 3 Environmental and Design Qualities (Site Appraisal), (Specific Features for Consideration) and (Quality of Development) of the North Lanarkshire Local Development Plan 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. Councillor Shevlin, seconded by Councillor Bustard, moved that the application be refused. Councillor Smith, seconded by Councillor Brennan, moved as an Amendment that the application be granted. On a vote being taken 2 Members voted for the Amendment and 5 Members voted for the Motion, which was accordingly declared carried. Decided: that the decision by the Chief Officer (Place) to refuse Planning Application 22/01150/FUL for the Change of Use of Open Space to Garden Ground at 87 Blantyre Gardens, Blackwood, Cumbernauld be upheld as the development failed to accord with PP 5 Countryside (Purpose of Place) and EDQ 1 to 3 Environmental and Design Qualities (Site Appraisal), (Specific Features for Consideration) and (Quality of Development) of the North Lanarkshire Local Development Plan 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.