___Report of Handling
North Lanarkshire Council · 9 August 2022
Back to Local Review Body — 9 August 2022 and its agenda
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DELEGATED REPORT PLANNING APP No: 21/01810/FUL Date Application Valid: 13 December 2021 Proposal Demolition of Stables and Erection of Detached Dwellinghouse Address Adamswell Farm Cumbernauld Road Mollinsburn Glasgow North Lanarkshire G67 4HP Case Officer: Kirsten Devlin Local Plan Policies North Lanarkshire Local Plan 2012: NBE 3A (Green Belt) DSP4 (Quality of Development) SPG 7 Assessing Development in the Green Belt Planning History · 97/00196/FUL Excavations to Form Trout Fishery and Associated Works · 98/00629/FUL Conversion of Redundant Agricultural Buildings to Form Four Self Contained Tourist Units · 00/00646/FUL Erection of Tourist Accommodation Log Cabin · 02/00102/FUL Erection of a 15.0 Metre High Telecommunications Mast and Ancillary Equipment · 02/00308/AMD Amendment to Previously Approved Tourist Accommodation Log Cabin. · 02/00310/FUL Erection of Second Tourist Accommodation Log Cabin. · 04/01571/FUL Change of Use of Tourist Accommodation to Dwellinghouse with Extension · 04/01573/FUL Change of Use of Agricultural Outbuildings to Residential Extensions to Farmhouse with Associated External Alterations · 15/01620/FUL Removal of Occupancy Restrictions Covering Tourist Accommodation Log Cabin (Conditions 2 & 3 of planning permission 00/00646/FUL) · 15/01816/AMD Removal of Section 75 Legal Agreement associated with Planning Permission 97/00196/FUL · 18/00061/PAN Proposal of Application Notice: Proposed Residential Development With Associated Open Space And Infrastructure. · 18/00094/EIASCR Request for EIA Screening Opinion: Residential Development and Associated Works Site Visit Date(s) Virtual site visit carried out utilising Google Earth Weekly List Date 16 December 2021 Weekly List Expiry Date 6 January 2022 Neighbour Notification Sent None required Neighbour Notification Expiry Date Not Applicable Advert Date 29 December 2021 Advert Expiry Date 14 January 2022 Detailed Considerations COMMENTS Siting Stables at Adamswell Farm, Cumbernauld Road, Mollinsburn. The site is in a rural location to the south of the village of Mollinsburn and includes a trout fishery, tourist accommodation and dwellings. Design and Materials The design of the dwellinghouse is urban in nature and takes no account of the rural setting. Daylight/Sunlight The proposal can be accommodated within the site without a significant detrimental impact on neighbouring daylight and sunlight levels. Boundary Treatment No details provided. Privacy The proposal can be accommodated within the site without any detrimental impact on privacy levels. Adjacent Levels Similar to the application site. Landscaping (including garden ground) Sufficient garden ground can be provided. Access, Parking & Turning There would be sufficient space for adequate parking provision. Site Constraints None Consultation Responses None required
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Representations None received. Any Other Material Considerations No Report The application is for the demolition of stables and the erection of a dwellinghouse at Adamswell Farm, Cumbernauld Road, Mollinsburn. The site is in a rural location to the south of the village of Mollinsburn and includes a trout fishery tourist accommodation and dwellings. The proposal involves demolishing the existing stables on site and constructing a 2 storey 4 bedroom dwellinghouse with an attached double garage. At an early stage in the application process the applicant was requested to provide a bat survey (due to the intended demolition of the stables) as they are a protected species. Furthermore, justification was required as to the need for a further dwelling at the site, particularly in light of the site history where a tourist accommodation log cabin had the occupancy conditions removed in 2015. No justification or bat survey were received. Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. Development Plan - North Lanarkshire Local Plan (NLLP): Residential Development in the Green Belt is covered by Policy NBE 3A (Assessing Development in the Green Belt). This policy protects the character and promotes acceptable development within the green belt by presuming against new residential development unless shown to be necessary for agriculture, forestry or other uses appropriate only to a rural area. The NLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Due to the limited nature of the development the proposal raises no issues with regards to Policies DSP 1, DSP2, and DSP3. Other Material Considerations - SPG 07 Assessing Development in the Green Belt (SPG 07) sets out that any exceptions to Policy NBE 3A must be evidenced by special circumstances demonstrated by the applicant. Although formally requested, no supporting information has been received to justify the proposed development in terms of existing Green Belt policy. North Lanarkshire Council Local Development Plan Modified Proposed Plan: The Report of Examination was published on 24 May 2021 by the Scottish Government's Planning and Environmental Appeals Division (DPEA), following submission of the Modified Proposed Plan and supporting documentation to the Scottish Ministers on 21 July 2020. The council is currently analysing the proposed modifications identified in the Report of Examination and will prepare an Adoption Plan and associated documentation for publication in due course. Relevant policies under the NLLP Modified Proposed Plan include: Policy PP4 (Purpose of Place) which would reflect the requirements of existing policy NBE 3A (above) and Policy EDQ3 (Development Quality) which would reflect the requirements of existing policy DSP 4 (above). In terms of Policy NBE 3A the new dwelling as proposed, to satisfy assessment criteria, would require to be in conjunction with an acceptable Green Belt use and the proposed development does not meet this criteria. SPP sets out that developments not consistent with Green Belt policy can be considered if it can be demonstrated that the development is a national priority or meets an established need if no other suitable site is available. SPG 07 echoes this position in looking for new residential developments unconnected with a Green Belt use to demonstrate special circumstances. Although requested, no justification has been submitted and therefore there are no material considerations that justify an exceptional approval in this instance. Policy DSP 4 - sets out that development will only be permitted where high standards of site planning and sustainable design are achieved. This policy sets out criteria and requirements in this respect which include; character and setting, site appraisal and evaluation of design options, water body status protection, integration into the local area, and safe access for cars. Given the rural location and the site characteristics the proposal would meet the Council's Space Around Dwellings Standards for Detached Dwellings. However, the proposed dwelling is of a basic urban design that takes no cognisance of the rural setting; it will significantly impact on the rural character and erode the openness of the green belt and constitutes development that would set an undesirable precedent for inappropriate development in the countryside given that no justification in terms of Green Belt policy has been provided. It is considered, therefore, that the proposal does not accord with Local Plan policy in terms of DSP 4. Taking the above assessment into account, it is considered that this development fails to accord with the provisions of policies NBE 3A, DSP 4 and SPG 07 of the North Lanarkshire Local Plan as well as Scottish Planning Policy (SPP). The proposed development does not demonstrate special circumstances that sufficiently justify approval of a dwellinghouse contrary to Green Belt policy. Furthermore, approval of such a development would set an undesirable precedent for similar development within the green belt. Therefore, for the reasons detailed in the planning assessment above, it is recommended that planning permission be refused. Date 24 February 2022 Reasoned Justification
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The proposal is contrary to the development plan in that it represents an inappropriate development in the green belt. It lies outside any established urban envelope and there are no material considerations that suggest that the development plan should not prevail. Planning permission should therefore be refused. Recommendation: Refuse for the Following Reasons:- 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.