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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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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 
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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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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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(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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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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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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(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.