__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.
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North Lanarkshire Council Report Local Review Body Does this report require to be approved? ☐ Yes ☐ No Ref 22/01150/FUL 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 22/01150/FUL for change of use of open space to garden ground at 87 Blantyre Gardens, Blackwood, Cumbernauld was refused planning permission under delegated powers on the 7th of December 2022. 1.2 A notice of review was submitted by the appellant dated 26th February 2022. 2. Description of Proposal and Location 2.1 Description of proposal: Change of use of open space to garden ground Location: 87 Blantyre Gardens, Blackwood, Cumbernauld 2.2 The proposal site is to the side of a detached dwellinghouse within a well-established residential area of Blantyre Gardens, Blackwood, Cumbernauld. The area which is subject to change is a rectangular shaped piece of open space to the side of 87 Blantyre Gardens, Blackwood, Cumbernauld with an area of approximately 85 square metres. The application site is bounded by dwellings of a similar age to the North and West with the main distributor road to the South. 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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2.5 Site Photographs Application Site Application Site Looking East
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Application Site Looking West Application Site Looking West
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Application Site – Looking East Google Street View – Application Site Looking East Along Blackwood Road
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Google Street View – Application Site Looking West along Blackwood Road 2.6 Planning Policy 2.7 National Planning Framework 4 (NPF4) adopted on the 13th 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
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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 23 Health and Safety A copy of all NPF4 policies is included in the papers annex. A copy of these policies in full are located the agenda papers annex. 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) EDQ 1 (Site Appraisal) EDQ 2 (Specific Features For Consideration) EDQ 3 (Quality of Development) A copy of these policies in full are located the agenda papers annex.
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2.11 The report of handling considered that the proposed change of use was contrary to the policy provisions of the North Lanarkshire Local Development Plan as it would erode the well established landscape setting for the wider residential area and introduce an incongruous fence line in a prominent location adjacent to an entrance junction to its visual detriment. On this basis, it was recommended that planning permission be refused. 2.12 Reasons for Refusal 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 Development 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. 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. 2.15 The application was refused planning permission on 7th December 2022. 2.16 Consultations 2.17 NLC Roads: No objection subject to condition that an adequate visibility splay be maintained on the junction of Blantyre Gardens and Blackwood Road. 2.18 Representations 2.19 There were no representations received in relation to the application. 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 appellant notes that multiple properties within 500m of the application site have made changes to their home/land which do not integrate successfully with the street scape but were approved but theirs was refused and has had to go to an appeal. - The appeal is both a waste of our time and your resource and in their opinion there has been no fair analysis in this case. - The reason for refusal appears to have been made harshly without any real consideration. - It is stated that the land is near a junction which could obstruct visibility splays however we have applied for a smaller parcel of land to keep it outwith the visibility splay. - The land is not sufficiently maintained with bushes growing into our garden, grass dying and is left for long periods without being cut. It is essentially waste ground rather than public space and costs the council money but if approved would be maintained by the appellant. - The refusal of permission in the appellants opinion is not valid, has not been fully considered as the land is currently unsafe and growing into our land/property causing us to maintain the segments growing in.
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- If approved the Appellant would fence of the land, care for it and make it a nicer part of the Blackwood estate rather than be the eyesore that it is today. 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 The appellant has requested further procedures in the form of further written submissions, site inspection and a hearing session as the Council representative had discussed the extreme likelihood of the land purchase being accepted due to their discussion with planning. 2.26 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. 2.27 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 - Notice of Review and Supporting Documentation. Pamela Humphries Chief Officer of Place
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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 ☐ 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?
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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? 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.