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_Planning Adviser Background Report

North Lanarkshire Council · 22 March 2023
Back to Local Review Body — 22 March 2023 and its agenda

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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

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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 1

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Google Aerial View 2 
2.4 Plans  
Location Plan

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Block Plan 
Proposed Site Plan

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2.5 Site Photographs 
Existing Dwelling viewed from Bonkle Road 
Existing Dwelling viewed from Bonkle Road

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View of proposed access 
View of proposed access

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View of proposed access 
View towards Bonkle Road

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View from rear to existing dwelling 
View to the Rear of Garden

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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.

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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

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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.

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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 ☐

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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?

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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.