__Planning Adviser Background Report
North Lanarkshire Council · 9 August 2022
Back to Local Review Body — 9 August 2022 and its agenda
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North Lanarkshire Council Report Local Review Body Does this report require to be approved? ☒ Yes ☐ No Ref 22/00007/FUL Date 09/08/22 Planning Application 22/00007/FUL: Planning Adviser Background Report From Pamela Humphries, Head of Planning and Regeneration E-mail MclennaghanE@northlan.gov.uk Telephone Edward McLennaghan, 07583677745 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 22/00007/FUL for Three Detached Dwellinghouses at Land East of 111 Main Street, Longriggend, Airdrie was refused planning permission under delegated powers on the 7th March 2022. 1.2 A notice of review was submitted by the appellant dated 16th March 2022. 2. Description of Proposal and Location 2.1 Description of proposal: Three Detached Dwellinghouses Location: Land East of 111 Main Street, Longriggend, Airdrie 2.2 The application site is located directly east of 111 Main Street, Longriggend with the boundary of 111 Main Street being the current the eastern boundary for Longriggend. The site is located on land designated partly as established housing areas and countryside (rural investment area) with houses immediately to the south and west of the site. Further vacant greenfield land lies beyond the site to the east and north. 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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Plot 1 Plans, Elevations and 3D View Plot 2 Plans and Elevations
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Plot 2 3D Views Plot 3 Plans and Elevations
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3D Site Views Site Views and Perspectives
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2.5 Site Photographs Application Site – Viewed from South-West Application Site – Viewed from South-East
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Application Site Viewed from North-East Application Site Viewed from North-East
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Application Site Viewed from the East Application Site Viewed from the North
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Application Site – Site Panorama Looking South 2.6 Planning Policy North Lanarkshire Local Development Plan Extract
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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 and can be summarised as follows: General Urban Area PP 3 Policy Purpose of Place General Urban Area AD 3 Policy Amount of Development 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) A copy of these policies in full are located in section 4 Supporting Documentation of this report. 2.10 The Report of Handling considered that the development was contrary to policy NBE 3B (Rural Investment Area) and associated Supplementary Planning Guidance Note SPG 08 as it constituted inappropriate development in the Rural Investment Area that does not fulfil the requirements of enhancing an existing development cluster and provides no adequate justification, special circumstances or material considerations to merit a departure from this policy 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 Note 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 this policy. 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 7th March 2022. 2.14 Consultations 2.15 Roads Development Team: No objection subject to conditions covering visibility splay and access requirements. 2.16 Protective Services: No objection subject to conditions relating to the submission of Site Investigation Information and appropriate remediation measures if necessary.
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2.17 Greenspace: No objection subject to control of Japanese Knotweed. 2.18 Coal Authority: No objection subject to intrusive site investigations being caried out and remediation works. 2.19 Scottish Water: No objection but contact to be made at the earliest opportunity with Scottish Water to show strong evidence to support intended drainage plan prior to making a connection. 2.20 Representations 2.21 There were no representations received in relation to the application. 2.22 Review Submission 2.23 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 site is a vacant housing site which can be brought back into use given 20 years since the previous houses were demolished. - The proposed development is the same size and scale as previously approved within the previously approved development boundaries. - The development is an enhancement of an appropriate cluster form that mirrors existing surrounding buildings. - The visual improvement of a derelict and vacant housing site within the village boundaries. - The associated improvements to adjacent fields within owned by the applicant which will be utilised for grazing ponies. - The associated maintenance of roadside verges bounding the fields. - The development will create a defined boundary between the proposed development and the wider Rural Investment Area. - The economic and social benefits of the continued living of the family and associated businesses within the village. - The proposal avoids extending any housing further into areas which have not previously been zoned or occupied by housing. - Will provide additional housing stock in the village which lacks housing stock. 2.24 Representations subsequent to notification of interested parties of the notice of Review 2.25 No further representations have been submitted in response to the submission of the Notice of Review. 2.26 Conclusion and Decision on Proceeding with the Local Review Body Decision 2.27 The appellant has requested that a site visit be carried out given that the land and surroundings have changed significantly in recent years since Google Street View was last updated and includes the partial implementation of the previous planning permission and surrounding developments. 2.28 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.
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2.29 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. 4.2 North Lanarkshire Local Development Plan 2022 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?