Minute
North Lanarkshire Council · 9 August 2022
Back to Local Review Body — 9 August 2022 and its agenda
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LOCAL REVIEW BODY - 9 AUGUST 2022 68 9 August 2022 at 2 pm. A Meeting of the LOCAL REVIEW BODY PRESENT Councillor McManus, Convener; Councillor L. Stubbs, Vice-Convener; Councillors Brennan, Burgess, Fisher, McPake, Shevlin and Smith. CHAIR Councillor McManus (Convener) presided. IN ATTENDANCE The Planning Manager (Strategy and Policy), Planning Assistant and Committee Officer. APOLOGIES Councillors M. Coyle 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. PLANNING APPLICATION NO. 21/00805/FUL - ERECTION OF NEW DWELLINGHOUSE AT LAND WEST OF QUARRY COTTAGE, LONGRIGGEND ROAD, LONGRIGGEND 2. There were submitted (1) a Notice of Review of the decision taken by the Head of Planning and Regeneration under delegated authority to refuse Planning Application 21/00805/FUL – Erection of New Dwellinghouse at Land West of Quarry Cottage, Longriggend Road, Longriggend; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) representations received from interested parties, and (4) a report by the Head of Planning and Regeneration outlining the background to the application, details of the Notice of Review, photographs and maps of the site location and relevant excerpts from the North Lanarkshire Local Development Plan: PP 5 Countryside (Purpose of Place), AD 5 Countryside (Amount of Development) and EDQ 3 Environmental and Design Qualities (Quality of Development). 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. The Local Review Body determined the application having regard to the North Lanarkshire Local Development Plan which was adopted on 6 July 2022. Thereon, the Local Review Body, having discussed and given consideration to the various submissions and representations and in particular, with regard to policies PP 5 Countryside (Purpose of Place), AD 5 Countryside (Amount of Development) and EDQ 3 Environmental and Design Qualities (Quality of Development) of the North Lanarkshire Local Development Plan concluded that the
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LOCAL REVIEW BODY - 9 AUGUST 2022 69 proposal constituted inappropriate development in the countryside in that it did not fulfil the requirements of enhancing an existing development cluster and no adequate justification, special circumstances or material considerations had been demonstrated to merit a departure from the development plan. Decided: that the decision by the Head of Planning and Regeneration to refuse Planning Application 21/00805/FUL for the Erection of a New Dwellinghouse at Land West of Quarry Cottage, Longriggend Road, Longriggend be upheld as the proposal was contrary to policy PP 5 Countryside (Purpose of Place) of the North Lanarkshire Local Development Plan as it constituted inappropriate development in the countryside in that it did not fulfil the requirements of enhancing an existing development cluster and no adequate justification, special circumstances or material considerations had been demonstrated to merit a departure from the development plan. PLANNING APPLICATION NO. 21/01654/FUL - ERECTION OF A 1.5M HIGH BOARDED GARDEN FENCE (IN RETROSPECT) AT 27 SOUTHFIELD ROAD, CUMBERNAULD 3. There were submitted (1) a Notice of Review of the decision taken by the Head of Planning and Regeneration under delegated authority to refuse Planning Application 21/01654/FUL – Erection of a 1.5m High Boarded Garden Fence (in retrospect) at 27 Southfield Road, Cumbernauld; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) representations received from interested parties, and (4) a report by the Head of Planning and Regeneration outlining the background to the application, details of the Notice of Review, photographs and maps of the site location and relevant excerpts from the North Lanarkshire Local Development Plan: PP 3 General Urban Area (Purpose of Place), AD 3 General Urban Area (Amount of Development) and EDQ 3 Environmental and Design Qualities (Quality of Development). 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. The Local Review Body determined the application having regard to the North Lanarkshire Local Development Plan which was adopted on 6 July 2022. Thereon, the Local Review Body, having discussed and given consideration to the various submissions and representations and in particular, with regard to policies PP 3 General Urban Area (Purpose of Place) and EDQ 3 Environmental and Design Qualities (Quality of Development) of the North Lanarkshire Local Development Plan concluded that the proposal did not integrate successfully into the local area by virtue of its design, height and location and the existing fencing as erected was also detrimental to pedestrian and road safety, failed to relate well to the existing wider context or character of the area and as such had an adverse impact on local residential amenity. Decided: that the decision by the Head of Planning and Regeneration to refuse Planning Application 21/01654/FUL for the Erection of a 1.5m High Boarded Garden Fence (in retrospect) at 27 Southfield Road, Cumbernauld be upheld as the proposal failed to accord with policies PP 3 General Urban Area (Purpose of Place) and EDQ 3 Environmental and Design Qualities (Quality of Development) of the North Lanarkshire Local Development Plan in that it did not integrate successfully into the local area by virtue of its design, height and location and the existing fencing as erected was also detrimental to pedestrian and road safety, failed to relate well to the existing wider context or character of the area and as such had an adverse impact on local residential amenity.
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LOCAL REVIEW BODY - 9 AUGUST 2022 70 PLANNING APPLICATION NO. 22/00007/FUL - ERECTION OF THREE DETACHED DWELLINGHOUSES ON LAND EAST OF 111 MAIN STREET, LONGRIGGEND 4. There were submitted (1) a Notice of Review of the decision taken by the Head of Planning and Regeneration under delegated authority to refuse Planning Application 22/00007/FUL – Erection of Three Detached Dwellinghouses on Land East of 111 Main Street, Longriggend; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) representations received from interested parties, and (4) a report by the Head of Planning and Regeneration outlining the background to the application, details of the Notice of Review, photographs and maps of the site location and relevant excerpts from the North Lanarkshire Local Development Plan: PP 3 General Urban Area (Purpose of Place), AD 3 General Urban Area (Amount of Development), PP 5 Countryside (Purpose of Place), AD 5 Countryside (Amount of Development) and EDQ 3 Environmental and Design Qualities (Quality of Development). 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. The Local Review Body determined the application having regard to the North Lanarkshire Local Development Plan which was adopted on 6 July 2022. The Local Review Body having discussed and given consideration to the various submissions agreed that the development was justified following consideration of the relevant policies of North Lanarkshire Local Development Plan specifically, policy PP 5 Countryside (Purpose of Place) as an expansion of an existing settlement in the countryside and determined that the planning permission be granted. Decided: that the application be granted, subject to the following conditions to be determined by the Head of Planning and Regeneration as undernoted:- (1) That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Local Planning Authority. Reason: To clarify the drawings on which this approval of permission is founded. (2) No development shall commence until:- (a) A scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past coal mining activity; and (b) Any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed. The intrusive investigations and remedial works shall be carried out in accordance with authoritative UK guidance. Reason: To ensure the mineral stability of the site. (3) Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the
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LOCAL REVIEW BODY - 9 AUGUST 2022 71 approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity. Reason: To ensure the mineral stability of the site. (4) That, before the development starts, a comprehensive site investigation requires to be submitted to the satisfaction of the Local Planning Authority. The investigation must be carried out in accordance with the British Standard Code of Practice BS 10175: 2011 “The Investigation of Potentially Contaminated Sites”. The report must include a site specific risk assessment of all relevant pollution linkages, be carried out in accordance with the SEPA publication, Model Procedures for the Management of Land Contamination CLR11, and be submitted in both hard copy and electronic format. Depending on the results of this investigation a detailed remediation strategy may be required. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents of the site. (5) Any remediation works identified by the report agreed in terms of Condition 4 must be completed and verification provided by the developer to the satisfaction of the Local Planning Authority before development begins. No individual dwelling shall be occupied until a certificate (signed by a chartered Environmental Engineer) has been submitted to the Local Planning Authority confirming that any remediation works have been carried out in accordance with the agreed Remediation Strategy. Reason: To ensure that any remediation identified has been implemented in the interests of the amenity and well being of future residents. (6) That before any works start on site, full details of the septic tank and soakaway system to be installed shall be submitted to and approved in writing by the Local Planning Authority and the applicant shall confirm in writing to that Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection. (7) That, before the development hereby permitted starts, the applicant shall provide written confirmation to the Local Planning Authority that all the requirements of Scottish Water have been fully met in respect of providing the necessary site drainage and infrastructure to serve the development. Reason: To ensure the provision of satisfactory site drainage arrangements (8) That, before the development hereby permitted starts, full details of the external facing materials to be used on doors and windows shall be submitted to, and approved in writing by, the Local Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Reason: To enable the Local Planning Authority to consider these aspects in detail.
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LOCAL REVIEW BODY - 9 AUGUST 2022 72 (9) Sight lines shall be provided in both directions. Unless otherwise agreed in writing with the Local Planning Authority, everything above 1.05m shall be removed from the sight line areas and thereafter nothing exceeding 1.05m shall be planted, placed, erected or allowed to grow within the sight line areas. Reason: In the interests of traffic and pedestrian safety. Informatives 1. Removal of any trees or scrub should be undertaken outwith the breeding bird season. The breeding season is March to September. If this is not possible, an experienced ecologist is required to inspect the trees and scrub to check for nesting birds 24 hours before work commences. If any nesting birds are identified, then these habitats must not be disturbed until all the chicks have fledged. 2. Japanese knotweed is known to be prevalent within this area, and a survey for this invasive plant should be undertaken within the site and appropriate buffer. If it is found, it should be eradicated using an approved herbicide. Soil with any knotweed in it is classified as “controlled waste” under the Environmental Protection Act 1990. It is illegal to allow knotweed to grow in the wild under the Wildlife and Countryside Act 1981. Guidance on disposal is available from SEPA, and on its control from the Greenspace Development Unit. If soil containing a tiny fragment of this plant is spread on or off site, plants may regenerate facilitating the spread of this invasive species.. 3. The Greenspace Development Unit recommends that biodiversity enhancements are incorporated within the development. This can be in the form of; • Native species hedgerow around the development. Consisting mostly of hawthorn, with a mix of hazel, holly, dog rose, willow and elder. • Inclusion of bird and bat boxes within the development. The Greenspace Development Unit encourages the fitting of Swift bricks into buildings. This will provide potential nesting opportunities for Swift, a priority North Lanarkshire Biodiversity Action Plan Species. • Encourage the use of native nectar rich species and food plant for caterpillars in landscaping. This will benefit butterflies, moths and other insects. Contact the Greenspace Development Unit for further advice on biodiversity enhancements. PLANNING APPLICATION NO. 21/01810/FUL - DEMOLITION OF STABLES AND ERECTION OF A DETACHED DWELLINGHOUSE AT ADAMSWELL FARM, CUMBERNAULD ROAD, MOLLINSBURN 5. There were submitted (1) a Notice of Review of the decision taken by the Head of Planning and Regeneration under delegated authority to refuse Planning Application 21/01810/FUL – Demolition of Stables and Erection of a Detached Dwellinghouse at Adamswell Farm, Cumbernauld Road, Mollinsburn; (2) a Decision Notice and Report of Handling of the case by the appointed officer; (3) representations received from interested parties, and (4) a report by the Head of Planning and Regeneration outlining the background to the application, details of the Notice of Review and photographs and maps of the site location and relevant excerpts from the North Lanarkshire Local Development Plan: PP 4 Green Belt (Purpose of Place), AD 4 Green Belt (Amount of Development) and EDQ 3 Environmental and Design Qualities (Quality of Development).
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LOCAL REVIEW BODY - 9 AUGUST 2022 73 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. The Local Review Body determined the application having regard to the North Lanarkshire Local Development Plan which was adopted on 6 July 2022. The Local Review Body, having discussed and given consideration to the various submissions and relevant policies, noted that the site was no longer in agricultural use and the development would enhance the area by removing the existing stable building. Councillor Shevlin, seconded by Councillor Brennan, moved that the application be refused. Councillor McPake, seconded by Councillor McManus, moved as an amendment that the application be granted. On the vote being taken 3 Members voted for the Motion and 5 Members voted for the Amendment, which was accordingly declared carried. Decided: that the application be granted, subject to the following conditions to be determined by the Head of Planning and Regeneration as undernoted:- (1) That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without the prior written approval of the Local Planning Authority. Reason: To clarify the drawings on which this approval of permission is founded. (2) That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by, the Local Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Reason: In the interest of the amenity of the site and the general area. (3) That, before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by, the Local Planning Authority and the development shall be implemented and thereafter retained in accordance with the details approved under the terms of this condition. Reason: In the interest of the amenity of the site and the general area. (4) That, before any works start on site, the applicant must confirm in writing to the Local Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by CIRIA in March 2000. If there is no public sewer, before any works start on site the applicant must confirm in writing to the Local Planning Authority that the drainage arrangements to be provided are to the satisfaction of SEPA. The preferred method for the disposal of septic tank effluent is the provision of a sub soil soakaway system. The septic
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LOCAL REVIEW BODY - 9 AUGUST 2022 74 tank and soakaway must be designed and constructed in accordance with the requirements set out in The Scottish Building Standards : Technical Handbook : Domestic issued in May 2009. In terms of the Water Environment (Controlled Activities) (Scotland) Regulations (CAR) 2005, the discharge of treated sewage effluent will require registration with SEPA. Further details on this matter can be found at www.sepa.org.uk. Surface water should be excluded from the foul drainage treatment system. In order to reduce the risk of contamination of controlled waters, any soakaway should be located at least 50 metres from any private water supply or other groundwater resource and at least 10 metres from any watercourse or permeable drain. (Note : If poor soil porosity or risk to groundwater resources preclude the use of a soakaway, alternative arrangements will have to be agreed with SEPA. Further advice on the disposal of sewage where no mains drainage is available, is contained within Pollution Prevention Guidance Note 4 which is available on the SEPA website at www.sepa.org.uk/guidance or from any SEPA office). Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection. (5) Before the development starts, a comprehensive site investigation requires to be submitted to the satisfaction of the Local Planning Authority. The investigation must be carried out in accordance with the British Standard Code of Practice BS 10175: 2017 "The Investigation of Potentially Contaminated Sites". The report must include a site specific risk assessment of all relevant pollution linkages, be carried out in accordance with the SEPA publication, Model Procedures for the Management of Land Contamination CLR11, and be submitted in both hard copy and electronic format. Depending on the results of this investigation a detailed remediation strategy may be required. Any remediation work required must be completed and verification provided by the developer to the satisfaction of the Local Planning Authority before development begins. Reason: To ensure potential risks arising from previous land uses around the site have been fully assessed before the development starts. (6) That, for the avoidance of doubt, any remediation works, identified by the site investigation required in terms of Condition 5 above, shall be carried out to the satisfaction of the Local Planning Authority. A certificate (signed by a responsible Environmental Engineer) shall be submitted to the Local Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: To ensure the site is free from contamination. (7) That, before the development hereby permitted starts, two bat emergence survey, should be undertaken for the existing barn and submitted to the satisfaction of the Local Planning Authority. These surveys should be carried out between May and September and under optimal weather conditions. All surveys should follow The Bat Conservation Trust's: Bat Surveys for Professional Ecologists Good Practice Guidelines 3rd Edition. A Protected Species Licence will be required if a roost or roosts is confirmed within the barn. This is issued by Scottish Natural Heritage (SNH). Reason: In the interests of bat protection.
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LOCAL REVIEW BODY - 9 AUGUST 2022 75 (8) For the avoidance of doubt, in the event a Protected Species Licence is required, before any work begins on demolishing the barn, written evidence must be provided confirming that the licence has been granted by Scottish Natural Heritage (SNH). Reason: In the interests of bat protection.