___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 21/01810/FUL Date 09/08/22 Planning Application: 21/01810/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 21/01810/FUL for Demolition of Stables and Erection of Detached Dwellinghouse at Adamswell Farm, Cumbernauld Road, Mollinsburn, Glasgow was refused planning permission under delegated powers on the 24th February 2022. 1.2 A notice of review was submitted by the appellant dated 31st March 2022. 2. Description of Proposal and Location 2.1 Description of proposal: Demolition of Stables and Erection of Detached Dwellinghouse Location: Adamswell Farm, Cumbernauld Road, Mollinsburn, Glasgow 2.2 The application site is stables located at Adamswell Farm in a rural location to the south of the village of Mollinsburn and is located in an area that includes a trout fishery, tourist accommodation and dwellings. 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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Block Plan Proposed Front and Side Elevation
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Proposed Rear and Side Elevation Proposed Floor Plans
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2.5 Site Photographs Application Site Viewed from the North Application Site Viewed from the South
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Application Site Viewed from the South Application Site Viewed from the West
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Application Site Viewed from the West Application Site Viewed from the West
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2.6 Planning Policy North Lanarkshire Local Development 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.
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2.9 The relevant Policies in the North Lanarkshire Local Development Plan and associated Guidance are detailed and can be summarised as follows: Green Belt PP 4 Policy Purpose of Place Green Belt AD 4 Policy Amount of Development Environmental and Design Qualities EDQ 3 Policy Quality of Development SPG 07 (Assessing Development in the Green Belt) 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 proposals were contrary to policies NBE 3A (Green Belt) and associated Supplementary Planning Guidance Note SPG07 as it would constitute inappropriate and isolated development in the Green Belt and does not fulfil the requirements for residential development to be in connection with agriculture, forestry, horticulture or other appropriate rural uses. The proposals were not considered to provide adequate justification, special circumstances or material considerations to merit a departure from policy. In addition the development was considered to be of an inappropriate urban design resulting in a modern dwellinghouse at odds with the countryside setting. The applicant also failed to provide sufficient information in relation to the potential to impact Bats. 2.11 Reasons for Refusal 1. The proposal is contrary to policy NBE 3A (Green Belt) and associated Supplementary Planning Guidance Note SPG07 of the North Lanarkshire Local Plan as it constitutes inappropriate isolated development in the Green Belt in that it does not fulfil the requirement for any residential development to be in connection with agriculture, forestry, horticulture or other appropriate rural uses. Furthermore, no adequate justification, special circumstances or material considerations have been sufficiently demonstrated to merit a departure from this policy. 2. The proposal is contrary to policy DSP 4 (Quality of Development) the North Lanarkshire Local Plan as it is of an inappropriate urban design and will result in a modern dwellinghouse at odds with the countryside setting. 3. Supporting Information in the form of a bat survey has not been received. 4. If permitted, the proposal would set an undesirable precedent for other similar unacceptable and inappropriate development proposals within the green belt. 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 24th February 2022. 2.14 Consultations 2.15 There were no consultation responses associated with this application. 2.16 Representations 2.17 There were no representations received in relation to the application.
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2.18 Review Submission 2.19 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:- - Although the site is designated as Green Belt it has not been farmed for 25 years. - The stable block is made of concrete slabs and Asbestos sheeting which may prove to be a health hazard – hence request to demolish and replace and not refurbish. - A similar development proposal for demolition and replacement with housing was approved on a site approximately 200m from our site. Whilst that was classed as brownfield land we can see no justification in refusing our application as both sites lie within the same village. 2.20 Representations subsequent to notification of interested parties of the notice of Review 2.21 Subsequent to the notice of review 1 representation has been received advising that they were not neighbour notified at the time of the application. It would appear that they were not notified as incorrect land ownership details were submitted. The representation can be summarised as follows:- - proximity to the objectors property (Adamswell Farm) and Adamswell Cottage. - no need for another dwelling as applicant already has a house which is to be sold. - the access road leading to the properties is already in an extremely poor state of repair and could not take further usage. 2.22 The appellant has provided no further comments on the additional matters raised in the further representations noted above. 2.23 Conclusion and Decision on Proceeding with the Local Review Body Decision 2.24 The appellant has requested that a visit be carried out. 2.25 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. 2.26 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.
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- Report of Handling - Planning Policy Documents - Representations received. - 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?