Democracy Spraffa

Minutes of meeting

Renfrewshire Council · 30 January 2024
Back to Local Review Body. — 30 January 2024 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

Minute of Meeting
Local Review Body. 
Date Time Venue
Tuesday, 30 January 2024 14:00 Council Chambers (Renfrewshire), Council
Headquarters, Renfrewshire House, Cotton
Street, Paisley, PA1 1AN 
Present: Councillor Chris Gilmour, Councillor Iain Nicolson, Councillor Jim Paterson 
Chair
Councillor Paterson, Convener, presided. 
In Attendance
K Dalrymple, Development Plans & Housing Strategy Team Leader (Independent Planning
Adviser to the Local Review Body) (Chief Executive's); and R Graham, Senior Solicitor
(Litigation & Regulatory Services) (Independent Legal Adviser to the Local Review Body)
and R Devine, Senior Committee Services Officer (Clerk to the Local Review Body) (both
Finance & Resources). 
Webcasting of Meeting
Prior to the commencement of the meeting the Convener intimated that this meeting of the
Board would be filmed for live or subsequent broadcast on the Council's internet site. 
Apologies
Councillor N Graham and Councillor MacFarlane. 
Declarations of Interest and Transparency Statements
There were no declarations of interest or transparency statements intimated prior to
the commencement of the meeting.

Page 2

1  Procedure Note
The Convener summarised the procedure to be followed at the meeting of the Local
Review Body (LRB), a copy of which had been circulated to members prior to the
meeting. 
2 LRB01.24
Consideration was given to a Notice of Review in respect of the Planning Authority’s
decision to refuse planning permission for the erection of two chalets at East Fulwood
Farmhouse, Houston Road, Inchinnan, Renfrew PA4 9LX. (22/0706/PP).  
The following materials were before members in relation to the Notice of Review: 
(i)the Planning Authority’s Submissions which included the report of handling,
accompanying documents and decision notice; and 
(ii) the Notice of Review, together with supporting statement and productions
submitted by the applicant. 
The Independent Legal Adviser advised, as a preliminary matter, that a statutory
consultee, SEPA, had submitted an objection to the proposal when it had been first
considered which had not subsequently been withdrawn and accordingly that SEPA
were, for the purposes of this review, considered an interested party.  The
Independent Legal Adviser advised further that SEPA, as an interested party, were
notified of the review and was entitled to make further representations if it so wished. 
The LRB was advised the SEPA had made no further representation but that it had
confirmed, following receipt of the Notice of Review,  that its original objection was
maintained.    
The Independent Legal Advisor also took the opportunity to inform members that in
the event the LRB was minded to grant planning permission in respect of the
proposal, that, due to there being an objection from a statutory consultee, notification
would require to be given to Scottish Ministers so that they may consider whether to
call in the review for determination.  
The Convener confirmed that the LRB required to decide whether it had sufficient
information before it to make a decision on this matter or whether further procedure
was required to allow the LRB to determine LRB01.24/Planning Application
22/0706/PP. It was agreed that the LRB had sufficient information before it to reach a
decision. The Convener then advised that the LRB required to determine the
application in accordance with the provisions of the Development Plan, including any
supplementary guidance, unless material considerations indicated otherwise. 
Councillor Paterson proposed that the application be refused as the proposed
development is at a location susceptible to flooding. It does not therefore align with
the precautionary and avoidance principles advocated by the sustainable flood risk
management framework and is contrary to Policy 22 of National Planning Framework
4, Policy I3 of the Adopted Renfrewshire Local Development Plan and the associated
New Development Supplementary Guidance on Delivering the Infrastructure Strategy

Page 3

(Flooding and Drainage) for the reasons detailed in the report of handling. This was
agreed unanimously. 
DECIDED: That LRB 01.24/Planning Application 22/0706/PP be refused for the
undernoted reason  
1. The proposed development is at a location susceptible to flooding. It does not
therefore align with the precautionary and avoidance principles advocated by the
sustainable flood risk management framework and is contrary to Policy 22 of National
Planning Framework 4, Policy I3 of the Adopted Renfrewshire Local Development
Plan and the associated New Development Supplementary Guidance on Delivering
the Infrastructure Strategy (Flooding and Drainage). 
3 LRB02.24
Consideration was given to a Notice of Review in respect of the Planning Authority’s
decision to refuse planning permission for the erection of a single-storey
dwellinghouse and associated works at a site on the eastern boundary of No 2
Johnshill, East End, Lochwinnoch. (23/0179/PP).  
The following materials were before members in relation to the Notice of Review: 
(i)the Planning Authority’s Submissions which included the report of handling,
accompanying documents and decision notice; and 
(ii) the Notice of Review, together with supporting statement and productions
submitted by the applicant.    
The independent Legal Adviser advised, as a first preliminary matter, that a number of
interested parties had submitted representations in respect of the proposal when it
had first been considered and that following receipt of the Notice of Review, those
interested parties had been contacted and advised that their representations would be
considered by the LRB when determining the application and also invited to make
further representations if they so wished. Thereafter a number of the interested
parties had submitted further representations. On reading these further
representations it could be considered that they may contain matters that were not
before the appointed officer when the appointed officer made the original decision. 
The independent Legal Adviser advised that there was a general prohibition,
applicable to both the individual seeking review and any other party to the review,
including interested parties, against introducing any matter that was not before the
appointed officer when the original decision was made.  It was highlighted that this
restriction did not however apply where the new matter had been raised pursuant to a
requirement or an entitlement to have regard to the development plan or any other
material consideration.  Consequently, the LRB required to determine in relation to the
further representations received from the interested parties whether they contained
any new matters that were not before the appointed officer when they made their
decision and, if so, whether these had been raised pursuant to a requirement or an
entitlement to have regard to the development plan or any other material
consideration. 
Consequently, the LRB required to determine in relation to the further representations
received from the interested parties whether they contained any new matters that
were not before the appointed person when they made their decision and, if so,

Page 4

whether these had been raised pursuant to a requirement or an entitlement to have
regard to the development plan or any other material consideration.  
A secondary preliminary matter highlighted by the independent legal adviser was that
the applicant had provided further clarity of mitigatory measures in respect of the
proposal relating to tree loss. Members of the LRB were advised that should they be
of the opinion that they did not have sufficient expertise to assess these mitigatory
measures then it could instruct written submissions from a person suitably qualified to
make that assessment, for example the Council’s Tree and Woodland Officer. 
The Convener proposed that the LRB did not have sufficient information before it to
make a decision on this matter and that further procedure was required to allow the
LRB to determine LRB02.24/Planning Application 22/0179/PP. It was proposed and
agreed unanimously that the LRB direct that further written submission be provided no
later than 19 February 2024 by (i) the appointed officer setting out what matters within
the further representations that the officer considers were not before them when they
made their decision and also, in the appointed officer’s view, whether these had been
raised pursuant to a requirement or an entitlement to have regard to the development
plan or any other material consideration; (ii) by the Council’s Tree and Woodland
Officer providing an assessment of the proposal and the revised construction
techniques in relation to the potential impact on trees, specifically whether there would
be a loss of trees as a result of the development or construction techniques or
whether there would be an impact on the trees which would result in future loss of
trees. This was agreed unanimously. In addition, it was proposed and agreed that an
unaccompanied visit to the site of the land to which the review related be arranged. 
The local Review Body was reminded that it was still the role of the LRB,
notwithstanding the direction for written submissions, to determine what matters were
new and whether they had been raised pursuant to a requirement or an entitlement to
have regard to the development plan or any other material consideration. 
DECIDED: That consideration of LRB02.24/Planning Application 22/0179/PP be
continued pending: 
(i) receipt of written submissions no later than 19 February 2024 from (a) the
appointed officer setting out what matters within the further representations received
from interested parties that the appointed officer considers were not before them
when they made their decision and also, in the appointed officers’ view, whether these
had been raised pursuant to a requirement or an entitlement to have regard to the
development plan or any other material consideration and (b) the Council’s Tree and
Woodland Officer providing an assessment of the proposal and the revised
construction techniques in relation to the potential impact on trees, specifically
whether there would be a loss of trees as a result of the development or construction
techniques or whether there would be an impact on the trees which would result in
future loss of trees;  and 
(ii) an unaccompanied visit to the site of the land to which the review related being
arranged.