Agenda pack
North Lanarkshire Council · 19 January 2023
Back to Local Review Body — 19 January 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Our Ref: Your Ref: Contact: Tel: Fax: E-Mail: Date: Mark Hamill 07811294702 hamillm@northlan.gov.uk 9 Jan 2023 Members of the Local Review Body Chief Executive’s Office Archie Aitken Chief Officer of Legal & Democratic Civic Centre, Windmillhill Street Motherwell ML1 1AB DX 571701, Motherwell 2 www.northlanarkshire.gov.uk Notice is given that a Meeting of the LOCAL REVIEW BODY is to be held within the Committee Room 4, Civic Centre, Motherwell on Thursday, 19 January 2023 at 10:00 am which you are requested to attend. The agenda of business is attached. Chief Officer of Legal and Democratic Members : Councillors: G Brennan, B Burgess, A Bustard, M Coyle, K Docherty, J Logue, C McManus, N Shevlin, A Smith and L Stubbs. Page 1 of 78
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AGENDA (1) Declarations of Interest in terms of the Ethical Standards in Public Life Etc. (Scotland) Act 2000 (2) Planning Application 22/00873/FUL - Erection of 6ft Fence to the front and side (in retrospect) at 53 Thomson Drive, Cairnhill, Airdrie, (a) Local Review Body Procedure (page 5 - 6) (copy herewith) (b) Decision Notice of 15 September 2022 (page 7 - 10) (copy herewith) (c) Notice of Review Submitted by Applicant (page 11 - 54) (copy herewith) (d) Report of Handling (page 55 - 58) (copy herewith) (e) Representation Received from Interested Party (page 59 - 60) (copy herewith) (f) Extract of Relevant Policy Documents (page 61 - 64) (copy herewith) (g) Planning Adviser Background Report (page 65 - 78) (copy herewith) Page 3 of 78
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Local Review Body Procedure Stage 1 • Introduction and sederunt (Convener/Clerk to Committee) Stage 2 • Summary of Agenda papers (Convener/Clerk to Committee) • Planning Adviser speaks to Adviser Report (Planning Adviser) • Questions to Planning Adviser Stage 3 • Agree that there is sufficient information to determine the application (Convener) Stage 4 • Discussion of Case and Decision (Convener/Members) AGENDA ITEM 2A Page 5 of 78
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Our Ref: Your Ref: Contact: Tel: E-mail: Date: 22/00873/FUL Mary Anne Watson 01236 632500 Planningenquiry@northlan.gov.uk 15 September 2022 Miss Caitlin Williams 53 Thomson Drive Cairnhill Airdrie North Lanarkshire ML6 9DG Dear Sir/Madam, Town and Country Planning (Scotland) Act 1997 Proposal: Erection of 6ft Fence to the front and side (in retrospect) Address: 53 Thomson Drive, Cairnhill, Airdrie, North Lanarkshire, ML6 9DG, I advise you that this application was refused on 15 September 2022. I enclose a copy of the Decision Notice. Should you wish to seek a review of this decision, please read the attached guidance notes to applicant. Any request for a review must be made within three months of the date of this decision. Yours faithfully, Lorna Bowden Planning And Place Manager REFUSAL OF PLANNING Enterprise And Communities Lorna Bowden Planning And Place Manager Ground Floor Civic Centre Windmillhill Street Motherwell ML1 1AB AGENDA ITEM 2B Page 7 of 78
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PERMISSION Delegated Decision Town and Country Planning (Scotland) Act 1997 No: 22/00873/FUL Date: 15 September 2022 To: Miss Caitlin Williams 53 Thomson Drive Cairnhill Airdrie North Lanarkshire ML6 9DG With reference to your application dated 19 July 2022 for planning permission under the above Act for the following development: Proposal: Erection of 6ft Fence to the front and side (in retrospect) Address: 53 Thomson Drive, Cairnhill, Airdrie, North Lanarkshire, ML6 9DG, North Lanarkshire Council, in exercise of its powers under the above Act, hereby REFUSES planning permission for the reasons indicated in the paper apart. The council’s reasoning for arriving at the above decision is as follows:- Reasoned Justification The development is contrary to local plan policies PP 3, EDQ 1 and EDQ 3 of the North Lanarkshire Local Plan 2022 as it fails to integrate successfully and does not properly reflect the established character of the area. The erected fencing also adversely impacts the current visibility splay along the public road and therefore is detrimental to road and pedestrian safety. Lorna Bowden Planning And Place Manager Page 8 of 78
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Paper apart Reasons 1 The development fails to accord with polices PP 3 and EDQ 3 in the North Lanarkshire Local Development Plan in that it does not integrate successfully into the local area by virtue of its design, height and location. The fence as erected is also detrimental to pedestrian and road safety. Also, the fencing fails to relate well to the existing wider context or character of the area and as such it has an adverse impact on local residential amenity and road and pedestrian safety. Additional Notes to Applicant: PLEASE READ THESE NOTES CAREFULLY. These notes do not constitute legal advice, and are not intended to be a comprehensive guide to laws which may apply to the development which you propose to carry out. If you wish to obtain advice on which you will be entitled to rely, you must consult a solicitor or other appropriate professional adviser, e.g. an architect or chartered surveyor. 1. A copy of the plan which accompanied your application is returned docketed appropriately. 2. Rights of aggrieved applicants to seek review of the decision: If the applicant is aggrieved by this decision taken under delegated powers by the planning authority they may request that a review of the decision is undertaken by the council’s Local Review Body. Any request for a review (Notice of Review) must be made within three months of the date of this decision and should be addressed to Committee Services, Civic Centre, Windmillhill Street, Motherwell ML1 1AB. The appropriate Notice of Review form is available online at www.eplanning.scot . In the event of a review, the Local Review Body may uphold the original decision or may reverse or vary any part of it and may deal with the application as if it had been made to them in the first instance, regardless of the specific issues raised in the Notice of Review. 3. If permission to develop land is refused and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, he may serve on the planning authority a purchase notice of his interest in the land in accordance with the provisions of Sections 88 to 94 of the Town and Country Planning (Scotland) Act 1997. Page 9 of 78
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4. Where it appears to the planning authority that there has been a breach of planning control, they may serve enforcement and stop notices requiring the breach to be remedied. Page 10 of 78
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Page 1 of 4 Civic Centre Windmillhill Street Motherwell ML1 1AB Tel: 01236 632500 Fax: 01698 302115 Email: esPlanning@northlan.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100606812-001 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Miss Caitlin Williams 53 Thomson Drive 53 Thomson Drive 07896831685 ML6 9DG Scotland Airdrie caitywilliamss@hotmail.com AGENDA ITEM 2C Page 11 of 78
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Page 2 of 4 Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. 53 THOMSON DRIVE This proposal relates to our initial application to erect a fence around the perimeter of our property. Within this proposal we have given statements and evidence to support our rights and reasons as to why we have erected a fence. Also, we will provide a full written statement relating to the reasons the fence was rejected in the initial proposal. Photographic evidence will also be provided North Lanarkshire Council CAIRNHILL AIRDRIE ML6 9DG 664670 275740 Page 12 of 78
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Page 3 of 4 What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Firstly, Mary Ann Watson the council worker dealing with our initial application had told us to submit the appeal as she stated we have a 50/50 chance or being able to keep our fence at the height that it is. We will provide a full statement of reasons including the height, the area, and evidence will be provided showing that we are not the only property who have erected a fence/hedge/gate this height or colour in the near surrounding area. We have now gained over 30 images. We have evidence of council workers leaning on the 1.2m previous fence and people waiting for the bus directly at my fence, We also have 20 plus images of other houses in the area that have up to 6ft hedges, gates and fences which are passed the front boundary line. All matters were discussed in the initial application, but no evidence was submitted. We can also show evidence of members of the public and council works in our driveway without permission We are going to submit a 3 page supporing statement, an image of public on our property approaching our vehicles, images of council workers leaning on the fence and vehicles in our property without permission. We have images of people at the bus stop at our property not at the intended bus stop, we have 20 plus images of other properties in the surrounding area that also do not adhere to the rules. 22/00873/FUL 15/09/2022 19/07/2022 Page 13 of 78
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Page 4 of 4 Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may select more than one option if you wish the review to be a combination of procedures. Please select a further procedure * Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it will deal with? (Max 500 characters) In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Miss Caitlin Williams Declaration Date: 17/11/2022 Holding one or more hearing sessions on specific matters We wish to speak to the local review body prior to any decision to discuss thoroughly our reasons for erecting a fence. We also wish to discuss that we did not believe we were doing anything wrong, and we believed that we had contacted building standards and were good to go ahead with the renovation. We have also requested three times to meet with our initial councilor which did not happen so a face-to-face hearing would be appreciated greatly from our side Page 14 of 78
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NORTH LANARKSHIRE COUNCIL ENVIRONMENTAL ASSETS ROADS DEVELOPMENT MANAGEMENT OBSERVATIONS ON PLANNING APPLICATION Roads Contact Daniel Beattie Planning Contact Mary Anne Watson Planning Application No. 21/00873/FUL Drg. No. Applicant Miss Caitlin Williams Proposed Development Erection of 6ft fence to the front and side (in retrospect) Location 53 Thomson Drive, Airdrie ML6 9DG 1. EXISTING ROADS – Consideration of the: General impact, Type of Connection(s) (Road Junction/ Footway crossing), Location (s) of connection (s), Sightlines, Pedestrian Provision a) An unobstructed visibility splay of 2.4m x 35m from the vehicular access measured along the road channel of Thomson Drive is required to be maintained in both directions. As the footway appears to be 2m wide at this location, the visibility splay cannot be achieved with the proposed 6ft fence in place. It is recommended that the proposed fence within the visibility splay is lowered to no more than 1.05m in height from the road channel in the interest of road safety. 2. NEW ROADS - Consideration of the: Width, Layout, Junction details (location, radii, sightlines), Turning Facilities, Pedestrian Provision, Provision for Services N/A 3. SERVICING AND PARKING - Consideration of the: Servicing arrangements/ driveways, Parking provision, Layout of parking RECOMMENDATION I have no objection subject to the condition noted in 1a above. NOTES FOR INTIMATION TO APPLICANT (i) CONSTRUCTION CONSENT (S21)* Required for all adoptable roads and footpaths (ii) ROAD BOND (S17)* Required if building works are to be undertaken before roads are completed. (iii) ROAD OPENING PERMIT (S56)* Required for any works on the public road *Relevant section of the Roads (Scotland) Act 1984 Manager, Infrastructure & Transportation....................................................................Date………………......... 01/09/2022PP AGENDA ITEM 2E Page 59 of 78
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60 North Lanarkshire Local Development Plan Policy Document 3 General Urban Area PP 3 POLICY Purpose of Place North Lanarkshire Council seeks to maintain and improve the level of amenity in urban areas, by encouraging development that is in keeping with their residential character and encouraging diversity in more mixed-use areas. Where specified by this Policy, applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. General Urban Areas are either primarily residential in character, or have a mixture of recognisably urban uses. The aim of the Plan is to maintain and improve the level of amenity appropriate for the local context. Development in Classes 8 (Residential Institutions) and 9 (Houses) of the Town and Country Planning (Use Classes) (Scotland) Order 1997 is deemed to support the purpose of those places and offer the best opportunity to meet the aims of those places. This will primarily be achieved through the provisions of the Environmental and Design Qualities Policies of the Plan, which will also be applied to all proposals for developments of Classes 8 and 9. The maintenance of the existing mix of other urban uses, or introduction of a limited range of ancillary uses and activities, outwith Classes 8 and 9, of an appropriate scale, within recognisably mixed use areas (see Assessment of Appropriateness below), can be appropriate to maintain and support the operation of the General Urban Area. An Assessment of Appropriateness submitted by the applicant in relation to any proposal for new development, ancillary development, or change of use, outwith Classes 8 and 9 and within the General Urban Area should include, but not be limited to: • a business plan or statement justifying that the development is ancillary development designed to serve the area in which it is located and that it has been assessed using the Town Centres First Sequential Approach, as defined in Policy PP1A. • a statement on the mix of uses, scale and nature of existing development in the General Urban Area (all proposals require to satisfy the provisions of Policy EDQ 1). • a statement on whether the proposal is an intensification of an existing use. • its impact on the attractiveness of the General Urban Area (all proposals require to satisfy the provisions of Policy EDQ 3). • evidence that there is a specific locational requirement for the proposal. • evidence that the proposal will result in significant economic benefit. • its impact on travel patterns and accessibility by sustainable modes of transport (all proposals require to satisfy the provisions of Policy CI and Policy EDQ 3). All proposed development will be subject to assessment against relevant legislation and all other Policies in the Plan. AGENDA ITEM 2F Page 61 of 78
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74 North Lanarkshire Local Development Plan Policy Document Environmental and Design Qualities EDQ EDQ 1 POLICY Site Appraisal Any proposed development will require to be appraised in terms of the site and its surroundings to ensure it will integrate successfully into the local area and avoid harm to neighbouring amenity. The matters to be addressed in the appraisal include but are not limited to: • massing, height, style, finishing materials of any building or buildings on the site and surrounding Land Use Character Area • orientation and topography of the site and surrounding Land Use Character Area • mixture of uses in the Land Use Character Area • building lines, plot ratios, groupings, types of enclosure (e.g. fences, walls, hedges), landmarks in the Land Use Character Area • public utilities, e.g. underground services (including the fibre network), drainage systems, overhead power lines • public services available locally, e.g. schools, public transport, play/recreation provision • accessibility by a range of sustainable transport modes • lighting - day, night, seasonal variation of use, security arrangements, informal supervision • ground stability and contamination on the site and surrounding Land Use Character Area • existence and quality of connections and access including site and building entrances, roads, paths and visuals on the site and surrounding Land Use Character Area • Green Network, landscape character and quality on the site and surrounding Land Use Character Area • impacts associated with the holistic water environment and flood risk • biodiversity of plants and animals on the site and surrounding Land Use Character Area • heritage, or amenity value of buildings or structures above or below ground on the site and surrounding Land Use Character Area • the character and scale of any building clusters in rural areas • the nature and types of features to be safeguarded or enhanced on the site and surrounding Land Use Character Area • requirement for any additional assessments on the site and surrounding Land Use Character Area • the potential for a proposed development (particularly business uses) to co-locate and integrate with existing or proposed energy and waste innovations • the potential for installation and operation of low and zero-carbon generating technologies in new, refurbished or re-purposed buildings. • the existence of and impact of or on “Bad Neighbour” Development on the site and surrounding Land Use Character Area. Bad Neighbour uses are defined in Statutory Instrument 1992 No.224 (S.18) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 Schedule 7. • in addition to the criteria set out here, proposals for renewable energy development must have regard to the considerations set out in Scottish Planning Policy paragraph 169 To achieve appropriate form and design and to allow consideration of the proposal, Planning Applications will require to be accompanied by an appraisal of the site and it’s surrounding Land Use Character Areas. The matters to be addressed in the appraisal include but are not limited to those specified in the Policy. Guidance on carrying out and the matters to be covered in an appropriate Site Appraisal can be found in: Scottish Planning Policy Planning Advice Notes Designing Streets Designing Places North Lanarkshire Council Supplementary Planning Guidance SPG 15 Good Design Toolkit With the exception of references to North Lanarkshire Local Plan Policies, Supplementary Planning Guidance currently in use remains in force and will be regularly reviewed to reflect changes in SPP, PAN other Government Guidance and best practice. Additional information may be required or Guidance referred to, depending on the type and scale of development, and may be identified in other Policies of this plan and discussed during the pre-application stage of the Development Management process. All proposed development will be subject to assessment against relevant legislation and all other Policies in the Plan. Page 62 of 78
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76 North Lanarkshire Local Development Plan Policy Document Environmental and Design Qualities EDQ EDQ 3 POLICY Quality of Development Development will only be permitted where high standards of site planning and sustainable design are achieved. Planning Applications will need to demonstrate that the proposed development takes account of the site appraisal carried out as a requirement of Policies EDQ 1 and, if appropriate, EDQ 2, assets protected under Policy PROT, any evaluation of design options, and achieves a high quality development in terms of: a. Establishing a clear vision for the site with design principles which lead to the creation of a distinct, successful place addressing: siting; overall layout; density; form; scale; height; massing; proportion; detailing; colour; materials. b. Providing a safe, pleasant, inclusive, convenient and welcoming development addressing: personal safety, security and crime prevention; adaptability (including, as appropriate, to the effects of Climate Change and for residential development for specialist provision); sustainable, safe, secure, and convenient access into and through the development that is easy to move around, attractive to pedestrians, cyclists, and people with disabilities; integration with public transport, green networks and wider links; sustainable access for cars where required, being safe for all road users, and appropriate parking or traffic calming being well located and integrated. c. Moving towards a low-carbon economy, addressing, resource efficiency, Mitigation of and Adaptation for the effects of Climate Change energy and waste issues in order to create a sustainable development with a low ecological footprint including: reducing energy need; promoting co-location of existing/proposed energy sources with high demand energy users and district heating networks for new developments; encouraging sustainable construction; promoting health and wellbeing; provision for electric vehicle charging points should be considered and provided where appropriate; reducing waste and resources used through effective storage collecting and composting of waste and recyclable materials, and measures that reduce CO2 emissions, where appropriate through the protection of carbon-rich soils, such as peatland and including the installation and operation of low and zero-carbon generating technologies in new, refurbished or re-purposed buildings to meet the following carbon dioxide emissions standards, as set out in Building Standards Technical Handbook Section 7: Aspect Silver Level 1 (at least 10% reduction) by 2025 and Aspect Gold Level 1 (at least 15% reduction) by 2030. d. Connection to the fibre optic network to ensure that next generation broadband speeds of 100 megabytes per second and above can be provided. e. Mitigating any likely air quality, noise, or pollution impacts particularly in or adjacent to Air Quality or Noise Management Areas. In some circumstances, mitigation may not always be possible and avoidance may be required. f. Ensuring that water body status is protected and, where possible, enhanced. Status includes physical characteristics, so proposals such as culverting will only be considered where no other practical option exists. Foul water should connect to the public sewer - alternatives to this will only be permitted where no public system exists and the alternative does not pose an environmental risk. Sustainable Urban Drainage Systems should be adopted within site design and appropriate details, including during the construction phase, require to be submitted with any relevant planning application. Buffer strips may be required in respect of the water environment between a development and each watercourse. g. Adequate provision has been made for the development and maintenance of landscaped open space areas and amenity space and play provision, and for linking to and enhancing open spaces and green networks. h. Existing features of Green Network or Historic Environmental interest or Resources, protected under the terms of the Protect Assets Policies, and including features (e.g. traditional stone buildings/structures) identified through the site appraisal required by Policy EDQ 1, will be safeguarded or enhanced. Page 63 of 78
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77 North Lanarkshire Local Development Plan Policy Document Environmental and Design Qualities EDQ EDQ 3 POLICY Quality of Development To achieve high standards of site planning and sustainable design and to allow consideration of the proposal, Planning Applications will require to take account of the Site Appraisal required by Policies EDQ 1 and, if appropriate, EDQ 2. Advice on creating Successful Places can be found in: Scottish Planning Policy Planning Advice Notes Designing Streets Designing Places North Lanarkshire Council Supplementary Planning Guidance SPG 15 Good Design Toolkit (in particular the Design Quality Checklist) Other Supplementary Planning Guidance of relevance are SPG 01 Landscaping and SPG 01A Landscaping Supplement SPG 02 Trees And Development, SPG 07 Green Belt, SPG 17 Accessibility For All, SPG 17 Accessibility Appendix as well as current open space and play area standards, minimum standards for space around houses and on minimum parking standards in new housing developments. In relation to the installation and operation of low and zero-carbon generating technologies in new, refurbished or re-purposed buildings reference should be made to current Building Regulations. For Guidance on specific matters relating to relevant EDQ 3 sections: e. Supplementary Guidance for noise will be developed. Until then, refer to Noise Guidance for New Developments. Also, refer to guidance for Air Quality. f. refer to - SPG 09 Flooding And Drainage g. refer to - SPG 01 Landscaping and SPG 01A Landscaping Supplement, current Open Space Guidelines and Minimum Space Standards (Play Provision) h. refer to - Guidance from NatureScot, Historic Environment Scotland, SPG 05 Rescuing Your Listed Building, SPG 20 Biodiversity, SPG 32 Antonine Wall, SPG 31 Conservation Areas, SPG 33 Archaeology The Council will seek to secure the aims of this Policy through planning conditions and obligations, as appropriate, depending on the merits of each proposal. With the exception of references to North Lanarkshire Local Plan Policies, Supplementary Planning Guidance currently in use remains in force and will be regularly reviewed to reflect changes in SPP, PAN, other Government Guidance and best practice. Additional information may be required or Guidance referred to, depending on the type and scale of development, and may be identified in other Policies of this Plan and discussed during the pre-application stage of the Development Management process. All proposed development will be subject to assessment against relevant legislation and all other Policies in the Plan. Page 64 of 78
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North Lanarkshire Council Report Local Review Body Does this report require to be approved? ☒ Yes ☐ No Ref 22/00018/LRB Date 19/01/23 Planning Application: Planning Adviser Background Report From Pamela Humphries, Chief Officer of Place E-mail Laingg@northlan.gov.uk Telephone Gordon Laing, 07970018874 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 AGENDA ITEM 2G Page 65 of 78
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1. Background 1.1 Planning Application 22/00873/FUL for the erection of a 6Ft fence to the front and side (in retrospect) at 53 Thomson Drive, Cairnhill, Airdrie was refused planning permission under delegated powers on the 15th of September 2022. 1.2 A notice of review was submitted by the appellant dated 17th of November 2022. 2. Description of Proposal and Location 2.1 Description of proposal: Erection of 6Ft Fence to the front and side (in retrospect) Location: 53 Thomson Drive, Cairnhill, Airdrie 2.2 The application site is a two-storey semi-detached dwelling. The site is surrounded by similar dwellings to all sides with an area of open space and access path to the south which goes from Thomson Drive to Woodburn Avenue. A school patrol sign sits against the fence at the opening of the driveway. Slightly further down the path there is a bus stop. 2.3 Site Context Google Aerial View 1 Page 66 of 78
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Google Aerial View 2 2.4 Plans Location Plan Page 67 of 78
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Site Plan / Block Plan 2.5 Site Photographs Street View of Fence Page 68 of 78
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Street View of Fence Street View of Fence and Gates Page 69 of 78
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Side View of Fence Side view of Fence Page 70 of 78
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View from inside Garden Area View from inside Garden Area Page 71 of 78
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View from inside Garden Area View from applicants adjacent front Garden Page 72 of 78
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2.6 Planning Policy Local Plan Extract 2.7 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. 2.8 The relevant Policies in the North Lanarkshire Local Development Plan 2022 and associated Guidance are detailed and can be summarised as follows: PP 3 (General Urban Area) EDQ 1 (Site Appraisal) EDQ 3 (Quality of Development) A copy of these policies in full are located the agenda papers annex. 2.9 The Report of Handling considered that the development was contrary to policies PP 3, EDQ 1 and EDQ 3 of the North Lanarkshire Local Development Plan as the Page 73 of 78
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proposals were not in keeping with the established character of the area given the height of the fence and its close boarded design. Furthermore, given the height of the fence at either side of the driveway there are concerns regarding road and pedestrian safety. 2.10 National Planning Framework 4 was laid before Parliament as a revised draft for approval on 8th November 2022 meaning that although it has not yet been formally adopted it is now a material consideration in the assessment of planning applications. The weight to be given to it prior to its adoption is a matter for the decision maker. In the case of this application there is not considered to be any significant conflict between the proposals and the policies of NPF4 that require further assessment in this instance. 2.11 Reasons for Refusal The development fails to accord with polices PP 3 and EDQ 3 in the North Lanarkshire Local Development Plan in that it does not integrate successfully into the local area by virtue of its design, height and location. The fence as erected is also detrimental to pedestrian and road safety. Also, the fencing fails to relate well to the existing wider context or character of the area and as such it has an adverse impact on local residential amenity and road and pedestrian safety. 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 15th September 2022. 2.14 Consultations 2.15 NLC Roads Development Management: An unobstructed visibility splay of 2.4m x 35m from the vehicular access measured along the road channel of Thomson Drive is required to be maintained in both directions. As the footway appears to be 2m wide at this location, the visibility splay cannot be achieved with the proposed 6ft fence in place. It is recommended that the proposed fence within the visibility splay is lowered to no more than 1.05m in height from the road channel in the interest of road safety. 2.16 Representations 2.17 There were no representations received in relation to the application. 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:- - There should be no road safety issues in terms of visibility if driving at safe speed. - The view from the appellants property to the road poses no safety risk. - The bus stop located adjacent to the appellants property causes more of a visibility concern due to stationary buses. - The appellants off-street parking area allows them to park their 4 vehicles off road safely thus allowing pedestrians and other road users to pass safely. - The two overgrown trees on land adjacent to the appellants property cause visual distraction and visual blockage due to lack of upkeep. Page 74 of 78
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- The higher fencing was erected to stop bus users who were using the previous lower fence as a bench, depositing litter in the appellants garden and causing damage to the fence at the appellants’ expense. - The higher fence enables privacy for the garden area from buses when they stop and from pedestrians on the adjacent public footway. - Lowering of the fence would remove the intended use of the higher fence which is to keep the appellants vehicles safe and protected. - The appellant advises that if they are unable to use their driveway due to the height of the fence causing concern to road users they would be forced to park on the street which would cause even more traffic disruption. - No neighbours expressed any concerns regarding the height of the fence during the planning application. - Issues regarding visibility from the neighbours driveway would not be an issue if some neighbours did not reverse out their driveway onto the main road. - Building Standards and the Fencing installers advised the appellant that they would not require permission for a 2m high fence. - Multiple other houses in the area have 6 foot fences, walls and hedges around and to the front of their properties. - The situation has affected the appellants mentally and resulted in multiple doctors and hospital visits which are still ongoing. - The appellants said they would be willing to install safety mirrors to increase pedestrian and road user safety. - The case officer advised that the issue was a result of a neighbour complaint but no neighbours objected to the planning application. - Neighbours have been supportive of the development. The appellant has provided several photographs in support of their statement which are contained in the agenda papers annex. 2.20 Representations subsequent to notification of interested parties of the notice of Review 2.21 No further representations have been submitted in response to the submission of the Notice of Review. 2.22 Conclusion and Decision on Proceeding with the Local Review Body Decision 2.23 The appellant has requested a hearing to discuss thoroughly their reasons for erecting the fence, the reasons they did not believe they were doing anything wrong and would appreciate a face to face hearing. 2.24 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. 2.25 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. Page 75 of 78
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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. Pamela Humphries Chief Officer of Place Page 76 of 78
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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 Page 77 of 78
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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? 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? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. Page 78 of 78