Planning Adviser Background Report
North Lanarkshire Council · 9 August 2022
Back to Local Review Body — 9 August 2022 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 21/00805/FUL Date 09/08/22 Planning Application 21/00805/FUL Planning Adviser Background Report From Pamela Humphries, Head of Planning and Regeneration E-mail WatsonMA@northlan.gov.uk Telephone Mary Ann Watson, 07581009079 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 21/00805/FUL for a new dwellinghouse at Land West of Quarry Cottage, Longrggend Road, Longriggend, Airdrie was refused planning permission under delegated powers on the 8th February 2022. 1.2 A notice of review was submitted by the appellant dated 3rd May 2022 2. Description of Proposal and Location 2.1 Description of proposal: New dwellinghouse Location: Land West of Quarry Cottage, Longrggend Road, Longriggend, Airdrie 2.2 The site is an area of land approximately 575sqm which consists of a mixture of hardstanding, grass and planting located on Longriggend Road. It is directly surrounded by fields to the north, south, east and west and has an existing caravan located on the site. 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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Proposed Plans, Elevations, Sections and 3D Perspectives Road Visibility Splay
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2.5 Site Photographs Site Viewed from Longriggend Road Looking South West Site Viewed from Longriggend Road Looking East
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Site looking East Site looking North East
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Site looking North Site Looking West
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Site Panorama 2.6 Planning Policy North Lanarkshire Local Development Plan Local Plan Extract 2.7 The Scottish Government confirmed on 5 July 2022 that the Scottish Ministers do not propose to issue a direction in respect of the adoption the North Lanarkshire Local Development Plan and that the Council can proceed to Adopt. Accordingly, the Plan has now been Adopted by the Council and became operative on 6 July 2022. Whilst it remains possible that there may be a legal challenge to adoption from objectors to the Plan, it is unlikely that any such challenge would relate to matters directly relevant to this application. 2.8 The application raises no strategic issues in terms of the Clydeplan Strategic Development Plan 2017, and, therefore, can be assessed in terms of the North Lanarkshire Local Development Plan 2022. 2.9 The relevant Policies in the North Lanarkshire Local Development Plan and associated Guidance are detailed can be summarised as follows: Countryside PP 5 Policy Purpose of Place Countryside AD 5 Policy Amount of Development Environmental and Design Qualities EDQ 3 Policy Quality of Development SPG 08 (Assessing Development in the Rural Investment Area)
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A copy of these policies in full are located the agenda papers annex. 2.10 The Report of Handling considered that the development was contrary to policy NBE 3B (Rural Investment Area) and associated Supplementary Planning Guidance (SPG 08) of the North Lanarkshire Local Plan as it would constitute inappropriate development in the Rural Investment Area that does not fulfil the requirements of enhancing an existing development cluster. No adequate justification, special circumstances or material considerations were considered to have been demonstrated to merit a departure from the development plan in this instance. 2.11 Reasons for Refusal 1. The proposal is contrary to policy NBE 3B (Rural Investment Area) and associated Supplementary Planning Guidance (SPG 08) of the North Lanarkshire Local Plan as it constitutes inappropriate development in the Rural Investment Area in that it does not fulfil the requirements of enhancing an existing development cluster. No adequate justification, special circumstances or material considerations have been demonstrated to merit a departure from the development plan. 2.12 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. 2.13 The application was refused planning permission on 8th February 2022. 2.14 Consultations 2.15 NLC Roads Development Service: No objection subject to comments on the access visibility splay and parking provision. 2.16 NLC Pollution Control: No objection subject to provision of comprehensive site investigation and remediation works if necessary. 2.17 The Coal Authority: No objection. 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 decision was weighted to only one negative aspect of the decision criteria. - Several positive compliance of local design guidance and assessment criteria were dismissed. - The form massing and general design of the building is in keeping with its general surroundings. - The reinstatement of a dwelling on the lot will not prejudice the purpose, open character and visual amenity of the rural investment area. - No objections from either the public or third party consultees. - There was previously a property located on the site and the proposals reinstate a building that was functionally obsolete.
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- The proposed dwelling is set within the context of the original historic dwelling and will enhance the wider landscape setting and site features. - The proposal improves the external appearance of the remaining derelict structure and contributes to the visual amenity of the rural investment area. - The proposed dwelling is accommodated within the existing footprint of the historic dwellings. - No request for supplementary evidence of the existing structure were requested and no site visit was undertaken. Existing foundations and underbuilding of the existing buildings are clearly visible when on site. - The existing miners cottages that were demolished were not in a cluster pattern and had a linear form, therefore reinstating a cluster would be creating something that was never there to begin with. - The proposal of a single detached small scale cottage style dwelling would be consistent with the existing pattern of individual cottage style buildings along this street and outwith the urban area of Longriggend. 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 that further written submissions on specific matters in relation to further written and photographic submissions that they consider are required to answer issues raised by the planning officer when no opportunity was available to do so. 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.
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4.2 North Lanarkshire Local Development Plan Policy Extracts
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Pamela Humphries Head of Planning and Regeneration
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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?