_Planning Adviser Background Report
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.
Page 1
North Lanarkshire Council Report Local Review Body Does this report require to be approved? ☐ Yes ☐ No Ref 22/01029/PPP Date 22/03/23 Planning Application: Planning Adviser Background Report From Pamela Humphries, Chief Officer of Place E-mail Laingg@northlan.gov.uk Telephone Gordon Laing, 07970018874 Executive Summary This background report summarises the key considerations for review by the members of the Local Review Body in determining the appellants appeal against the delegated refusal of their application. Recommendations That the members of the Local Review Body note the content of this background report. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection
Page 2
1. Background
1.1 Planning Application 22/01029/PPP for subdivision of plot to create single
dwellinghouse (in principle) at 254 Bonkle Road, Newmains was refused planning
permission under delegated powers on the 14th of December 2022.
1.2 A notice of review was submitted by the appellant dated 31st January 2023.
2. Description of Proposal and Location
2.1 Description of proposal: Subdivision of plot to create single dwellinghouse (in
principle)
Location: 254 Bonkle Road, Newmains
2.2 The application site lies opposite Bonkle House Hotel (Auchter House) on the
southeast side of Bonkle Road. The site occupies an area of garden ground situated
to the side and rear of a detached single storey property at 254 Bonkle Road, built
c1940-45 ('the host building'). The host building has a slate pitched roof, grey/buff
rendered external walls and contains a small rear extension. It is set within a sizeable
plot of 1633 square metres which is enclosed to the front by a hedge and to the west
by mature trees, hedges and shrubbery. The eastern boundary of the plot is defined by
a timber post and wire fence. The rear boundary is more open but is defined by low
lying dense vegetation beyond which lie fields up to the edge of the A71. Properties
opposite and to the east of 254 Bonkle Road were built between the period 1904 and
1939, typically within long feu plots with short front gardens and dwarf walling or hedge
enclosures. Whilst several plots along this stretch of Bonkle Road (north and south side
of the road) have been extended and/or contain outbuildings and garages in rear
gardens, they have nevertheless maintained their original plot characteristics with no
subdivision of plots having taken place to date.
2.3 Site Context
Google Aerial View 1Page 3
Google Aerial View 2 2.4 Plans Location Plan
Page 4
Block Plan Proposed Site Plan
Page 5
2.5 Site Photographs Existing Dwelling viewed from Bonkle Road Existing Dwelling viewed from Bonkle Road
Page 6
View of proposed access View of proposed access
Page 7
View of proposed access View towards Bonkle Road
Page 8
View from rear to existing dwelling View to the Rear of Garden
Page 9
2.6 Planning Policy 2.7 National Planning Framework 4 (NPF4) adopted on the 13th of February 2023 forms part of the Development Plan and is required to be taken account when determining planning applications. In circumstances where there are differences between NPF4 and the adopted North Lanarkshire Local Development Plan (NLLDP), it should be noted that the NPF4 policy position will supersede the policies in the NLLDP. 2.8 The Chief Planner issued a letter on 8th February 2023, providing advice on NPF4 becoming part of the statutory ‘development plan’ alongside local development plans (LDPs) with the intention for this advice to support consistency in decision making ahead of new style LDPs being in place. In relation to the application of NPF4 Policy the letter states Section 25 of the 1997 Act requires that decisions are made in accordance with the development plan unless material considerations indicate otherwise. Application of planning judgement to the circumstances of an individual situation remains essential to all decision making, informed by principles of proportionality and reasonableness. It is important to bear in mind NPF4 must be read and applied as a whole. The intent of each of the 33 policies is set out in NPF4 and can be used to guide decision-making. Conflicts between policies are to be expected. Factors for and against development will be weighed up in the balance of planning judgement. It is recognised that it may take some time for planning authorities and stakeholders to get to grips with the NPF4 policies, and in particular the interface with individual LDP policies. As outlined above, in the event of any incompatibility between a provision of NPF and a provision of an LDP, whichever of them is the later in date is to prevail. Provisions that are contradictory or in conflict would be likely to be considered incompatible. Initial assessments are that while some LDP policies, particularly ones with thresholds for development derived from Clydeplan, will not be wholly applicable from the 13th of February, NPF and LDP policies are generally complimentary. In the case of this application the 33 Policies within NPF4 are presented for members consideration and it is for members to make a judgement on their applicability. As an aid the following policies may be considered to have particular relevance to this application: Policy 1 Tackling the climate and nature crises Policy 2 Climate mitigation and adaptation Policy 3 Biodiversity Policy 12 Zero waste Policy 14 Design, quality and place Policy 16 Quality homes Policy 23 Health and Safety A copy of all NPF4 policies is included in the papers annex.
Page 10
2.9 North Lanarkshire Local Development Plan Local Plan Extract 2.10 The relevant Policies in the North Lanarkshire Local Development Plan 2022 and associated Guidance can be summarised as follows: PP 3 (Purpose of Place) AD 3 (Amount of Development) EDQ 1 (Site Appraisal) EDQ 3 (Quality of Development) A copy of these policies in full are located the agenda papers annex. 2.11 The report of handling considered that 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. In addition no information had 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
Page 11
development would cause. It is therefore recommended that planning permission be refused for those reasons. 2.12 Reasons for Refusal 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. 2.13 The report of handling recommended that the proposal should be refused for the reasons outlined in both the Reasoned Justification and in the Reasons for Refusal contained within the agenda papers annex. 2.14 The application was refused planning permission on 14th December 2022. 2.15 Consultations 2.16 NLC Pollution Control: No objection to the proposal subject to conditions relating to construction hours, control of dust, no burning of waste materials and provision of a Potential Ground Contamination / Site Investigation Report. 2.17 NLC Roads: No response received. 2.18 Representations 2.19 There was 1 representation received in relation to this application and this can be summarised as objecting to the proposal on the basis of:- - Potential loss of privacy - Noise and disturbance 2.20 Review Submission 2.21 The applicant has submitted a Review Statement and supporting documents contained in full within the agenda papers annex. The statement expresses, in summary, the applicant’s view that:- - The proposal would not be harmful to the semi-rural character and visual appearance of the street scene. - The proposed house would not be visible from the street and would have minimal visual impact on the two adjacent neighbours. - There is adequate garden ground for both the existing and proposed houses. - We received planning approval for application 21/00517/PPP which is for a similar backland proposal. - Visibility splays would be provided following Roads department response. - The existing access is to be maintained.
Page 12
2.22 Representations subsequent to notification of interested parties of the Notice of Review 2.23 No further representations have been submitted in response to the submission of the Notice of Review. 2.24 Conclusion and Decision on Proceeding with the Local Review Body Decision 2.25 As with all applications each case requires to be considered on its own merits and in accordance with the development plan policies unless material considerations outweigh the provisions of these policies. These are the factors and issues which require to be considered by the Local Review Body when determining this application. 2.26 The members are now requested to consider whether sufficient information is provided within this LRB Report and the associated annex to proceed with the hearing. 3. Measures of success 3.1 That the information provided is sufficient for the Local Review Body to determine the appellants review submission. 4. Supporting documentation 4.1 The Planning Adviser Background Report will be accompanied by additional supporting information contained within the background papers and includes:- - Planning Decision Notice. - Report of Handling - Planning Policy Documents - Consultation Response - Representations received. - Notice of Review and Supporting Documentation. Pamela Humphries Chief Officer of Place 5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐
Page 13
5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact?
Page 14
5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services.