2 - Planning Appeals - November 24 RevA - AM reviewed
Renfrewshire Council · 5 November 2024
Back to Planning and Climate Change Policy Board — 5 November 2024 and its agenda
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1 ___________________________________________________________________ To: Planning and Climate Change Policy Board On: 5 November 2024 ___________________________________________________________________ Report by: Chief Executive ___________________________________________________________________ Heading: Planning Appeals ___________________________________________________________________ 1. Summary 1.1 This report seeks to inform members about planning and other relevant appeals which are currently under consideration and appeal decisions which have been issued by the Directorate for Planning and Environmental Appeals (DPEA) in the past 12 months. ___________________________________________________________________ 2. Recommendations 2.1 It is recommended that the Board: ▪ Note the Renfrewshire planning appeals which are currently under consideration by the DPEA and are awaiting a decision; and ▪ Note the decisions recently issued by the DPEA in respect of development proposals within Renfrewshire. ▪ Note the award of expenses against the Council. _________________________________________________________ 3. Appeals Lodged 3.1 One case is currently under consideration by DPEA. This relates to an application relating to a Compulsory Purchase Order. 3.2 Appendix 1 details all cases currently under consideration by DPEA. _________________________________________________________
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2 4. Appeals Determined 4.1 A number of appeals have recently been determined or the appellant has chosen to withdraw the appeal. 4.2 Details of the recently determined appeals, from November 2023 to date, are detailed in Appendix 2. 4.3 It is significant to note that of the recent appeal determinations concerning planning applications, two appeals have been allowed and the respective permission granted, while three appeals have been dismissed. _________________________________________________________ 5. Claim for Expenses 5.1 Two appeals within the stated timeframe have been the subject of a claim for expenses. 5.2 The claim for expenses in relation to planning appeal PPA-350-2055 concluded that the Council had acted unreasonably however the Reporter declined to make an award of expenses given the decision of the Council did not result in the appellant incurring unnecessary expense. 5.3 The claim of expenses in relation to planning appeal PPA-350-2057 has been withdrawn following the withdrawal by the appellant of the associated appeal. 5.4 Notwithstanding the above, it should be noted that an award of expenses relating to a previous appeal concerning the site at UWS Thornly Park Campus Site at Caplethill Road, Paisley has now been concluded. Following detailed discussions with the appellant and their representatives the award of expenses totals £65,000. Details relating to the Reporters decision concerning the award of expenses has previously been reported to Board, however for reference the decision can be found here. ___________________________________________________________________ Implications of the Report 1. Financial – The costs associated with the award of expenses will require to be met within the Council’s existing budget available for Planning Services. 2. HR & Organisational Development – None 3. Community/Council Planning – None. 4. Legal – None.
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3 5. Property/Assets – None. 6. Information Technology – None. 7. Equality & Human Rights - The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. 8. Health & Safety – None. 9. Procurement – None. 10. Risk – None. 11. Privacy Impact – None. 12. Climate Risk – None. 13. Children’s Rights – None. 14. Cosla Policy Position – None. ___________________________________________________________________ Author: David Love, Chief Planning Officer. Tel: 07483410182; Email: david.love@renfrewshire.gov.uk
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1 APPENDIX 1: Appeals Currently Under Consideration Appeal Reference Address Application Reference and Description Current Status DPEA Target Further info CPO-350-4 AMIDS South, Renfrewshire Compulsory Purchase Order Under consideration 06/11/2023 DPEA Online Case File
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2 APPENDIX 2: Recently Determined (November 2023 – to date) Appeal Reference Address Application Reference and Description Current Status Decision Further info ADA-350-2006 13 Maxwellton Street, Paisley Display of one digital hoarding advert Decided Appeal dismissed. Decision Notice ADA-350-2007 30 Abercorn Street, Paisley Display of one 48-sheet digital advert Decided Appeal allowed subject to conditions. Decision Notice NA-350-002 2 Lyon Road, Linwood Erection of waste tyre and rubber recycling and processing plant (Use Class 5, General Industry) with ancillary office and staff welfare facilities and associated access, parking, landscape and infrastructure proposals Decided Appeal allowed subject to conditions. Decision Notice PPA-350-2054 Site 500 metres south west of Undercraig Farm House, Galahill Road, Langbank Erection of dwellinghouse and livestock barn (in principle) Decided No remit Decision Notice PPA-350-2055 Land at Junction 29 St James Interchange, Ferguslie Park Approval of matters specified in conditions 2, 4, and 6 of planning permission approval 18/0638/PP for the erection of a residential Decided Appeal dismissed. Decision Notice
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3 bound by Ferguslie Park Avenue, existing railway line A737 and Blackston Road development comprising 189 dwellinghouses A claim for expenses against the Council was also submitted by the appellant. In considering the claim for expenses the Reporter found that the Council had acted in an unreasonable manner however did not find that it resulted in the appellant incurring unnecessary expense. The Reporter therefore declined to make any award of expenses. Decision Notice PPA-350-2056 Site between Abbeyfield House and Ivy Gardens, Station Road, Paisley Erection of a residential development comprising 45 flats with associated access, parking and landscaping Decided Appeal dismissed. Decision Notice PPA-350-2057 Land Off Barnwell / Wright Street, Renfrew Erection Of Up To 49.9Mw Battery Storage System (Bess) Withdrawn Withdrawn Decision Notice A claim for expenses against the Council was also submitted by the appellant. The claim for expenses was also withdrawn at the same time as the planning appeal.