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Decision Notice of 15 September 2022

North Lanarkshire Council · 19 January 2023
Back to Local Review Body — 19 January 2023 and its agenda

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Page 1

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

Page 2

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 3

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.

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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.