Agenda Document Pack - Planning Local Review Body - 07/08/2023
South Lanarkshire Council · 7 August 2023
Back to Planning Local Review Body — 7 August 2023 and its agenda
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Council Offices, Almada Street Hamilton, ML3 0AA Friday, 28 July 2023 Dear Councillor Planning Local Review Body The Members listed below are requested to attend a meeting of the above Committee to be held as follows:- Date: Monday, 07 August 2023 Time: 10:30 Venue: Hybrid - Committee Room 1, Council Offices, Almada Street, Hamilton, ML3 0AA The business to be considered at the meeting is listed overleaf. Yours sincerely Cleland Sneddon Chief Executive Members Richard Nelson (Chair), Gerry Convery (Depute Chair), Alex Allison, Mary Donnelly, Gladys Ferguson-Miller, Mark Horsham, Lesley McDonald, Norman Rae, Graham Scott Substitutes Robert Brown, Maureen Devlin, Grant Ferguson, Alistair Fulton, Graeme Horne, Ross Lambie, Monique McAdams, Ian McAllan, Kenny McCreary, Davie McLachlan 1
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BUSINESS 1 Declaration of Interests 2 Minutes of Previous Meeting Minutes of the meeting of the Planning Local Review Body held on 24 April 2023 submitted for approval as a correct record. (Copy attached) 5 - 8 Item(s) for Decision 3 Review of Case - P/22/0281 for Erection of 2 Storey Rear Extension with Associated Alterations and the Formation of a Roof Terrace at 75 Kirk Street, Strathaven Report dated 28 July 2023 by the Executive Director (Finance and Corporate Resources). (Copy attached) 9 - 12 3a Appendix 1 Planning Application Form P/22/0281 13 - 20 3b Appendix 2 Report of Handling P/22/0281 21 - 28 3c Appendix 3 Site Photographs and Location Plan P/22/0281 29 - 36 3d Appendix 4 Planning Decision Notice and Reasons for Refusal P/22/0281 37 - 44 3e Appendix 5 Notice of Review P-22-0281 45 - 98 3f Appendix 6 Further Representation P/22/0281 99 - 106 4 Review of Case - P/23/0156 - for Erection of New Roof with Increased Ridge Height to Facilitate Second Floor of Accommodation, Installation of Front and Rear Dormers and Erection of Balcony at Sion, 47 Burnblea Street, Hamilton Report dated 28 July 2023 by the Executive Director (Finance and Corporate Resources). (Copy attached) 107 - 110 4a Appendix 1 Planning Application Form P/23/0156 111 - 120 4b Appendix 2(a) Report of Handling P/23/0156 121 - 128 4c Appendix 2(b) Representations P/23/0156 129 - 134 4d Appendix 3 Site Photographs and Location Plan P/23/0156 135 - 144 4e Appendix 4 Planning Decision Notice and Reasons for Refusal P/23/0156 145 - 152 4f Appendix 5 Notice of Review P/23/0156 153 - 218 4g Appendix 6 Further Representation P/23/0156 219 - 224 4h Appendix 7 Applicant's Comments on Further Representation P/23/0156 225 - 234 Urgent Business 2
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5 Urgent Business Any other items of business which the Chair decides are urgent. For further information, please contact:- Clerk Name: Stuart McLeod Clerk Telephone: 07385 370 117 Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 3
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PLANNING LOCAL REVIEW BODY (PLRB) Minutes of meeting held via Confero and in Committee Room 1, Council Offices, Almada Street, Hamilton on 24 April 2023 Chair: Councillor Richard Nelson Councillors Present: Councillor Alex Allison, Councillor Gerry Convery (Depute), Councillor Mary Donnelly, Councillor Gladys Ferguson-Miller, Councillor Mark Horsham, Councillor Graham Scott Councillors' Apologies: Councillor Lesley McDonald, Councillor Norman Rae, Councillor Dr Ali Salamati Attending: Community and Enterprise Resources J Wright, Planning Adviser to the Planning Local Review Body Finance and Corporate Resources M Cannon, Legal Adviser to the Planning Local Review Body; S Jessup, Administration Assistant; S McLeod, Administration Officer 1 Declaration of Interests No interests were declared. 2 Minutes of Previous Meeting The minutes of the meeting of the Planning Local Review Body held on 20 February 2023 were submitted for approval as a correct record. The PLRB decided: that the minutes be approved as a correct record. 3 Review of Case – Application P/22/0915 for Formation of House Plot (Planning Permission in Principle) at 103 – 104 Crosswood Terrace, Tarbrax, West Calder A report dated 14 April 2023 by the Executive Director (Finance and Corporate Resources) was submitted on a request for a review of planning application P/22/0915 by M Carroll for the formation of a house plot (planning permission in principle) at 103 – 104 Crosswood Terrace, Tarbrax, West Calder. To assist the PLRB in its review, copies of the following information had been appended to the report:- planning application form response from a statutory consultee and representation received site photographs and location plan notice of review, including the applicant’s statement of reasons for requiring the review 2 5
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As the application had not been determined by Planning and Regulatory Services (deemed refusal), no report of handling was available in respect of the application. To facilitate the review and comply with the statutory timescale, the Head of Administration and Legal Services, in consultation with the Chair, had asked for observations from Planning and Regulatory Services on the notice of review to be provided in advance of the meeting. The applicant had been given the opportunity to comment on those observations, however, no comments had been received. The observations from Planning and Regulatory Services had been appended to the report. The PLRB concluded that this information could be accepted on the basis that it provided information necessary to assess the case. The relevant drawings in relation to the review were available for inspection prior to the meeting of the PLRB. The PLRB heard the Planning Adviser in relation to the case. The PLRB considered it had sufficient information to allow it to proceed to determine the review. The options available to the PLRB were to grant or refuse the application taken under review. In reviewing the case, the PLRB considered:- the information submitted by all parties the relevant policy contained in the adopted South Lanarkshire Local Development Plan 2:- Policy DM3 – Sub-division of Garden Ground the relevant policy contained in the National Planning Framework 4 which had been adopted on 13 February 2023 and formed part of the statutory development plan:- Policy 16 – Quality Homes Following its review of the information and after discussion, the PLRB considered whether there was valid policy justification to support the proposed development at the proposed location and concluded that it was contrary to Policy 16 of the National Planning Framework 4 and Policy DM3 of the adopted South Lanarkshire Local Development Plan 2. The PLRB decided: that planning application P/22/0915 by M Carroll for the formation of a house plot (planning permission in principle) at 103 – 104 Crosswood Terrace, Tarbrax, West Calder be refused for the reason determined by the PLRB, attached as an appendix to this minute. [Reference: Minutes of Planning Committee of 9 May 2006 (Paragraph 4)] 4 Urgent Business There were no items of urgent business. 6
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Application P/22/0915 – Reason for Refusal Appendix Formation of a house plot (planning permission in principle) at 103 – 104 Crosswood Terrace, Tarbrax, West Calder 01. There was no valid policy justification to support the proposed development at this site. The proposal would, therefore, be contrary to Policy 16 of the National Planning Framework 4 and Policy DM3 of the adopted South Lanarkshire Local Development Plan 2. 7
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Report Agenda Item Report to: Planning Local Review Body Date of Meeting: 7 August 2023 Report by: Executive Director (Finance and Corporate Resources) Subject: Review of Case – Application P/22/0281 for Erection of 2 Storey Rear Extension with Associated Alterations and the Formation of a Roof Terrace 1. Purpose of Report 1.1. The purpose of the report is to present the information currently available to allow a review of the decision taken by officers, in terms of the Scheme of Delegation, on the following application:- [purpose] 1.2. Summary Application Information Application Type: Detailed Planning Application Applicant: W Watson Proposal: Erection of 2 storey rear extension with associated alterations and the formation of a roof terrace Location: 75 Kirk Street, Strathaven, ML10 6BA Council Area/Ward: 5 Avondale and Stonehouse 1.3. Reason for Requesting Review X Refusal of Application Conditions imposed Failure to give decision (deemed refusal) [1purpose] 2. Recommendation(s) 2.1. The Planning Local Review Body is asked to:- [recs] (1) consider whether it has sufficient information to allow it to proceed to determine the review without further procedure and, if so, that:- (a) it proceeds to determine whether the decision taken in respect of the application under review should be upheld, reversed or varied (b) in the event that the decision is reversed or varied, the reasons and the detailed conditions to be attached to the decision letter are agreed (2) in the event that further procedure is required to allow it to determine the review, consider:- (a) what further information is required, which parties are to be asked to provide the information and the date by which this is to be provided (b) what procedure or combination of procedures are to be followed in determining the review [1recs] 3 9
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3. Background 3.1. The Council operates a Scheme of Delegation that enables Council officers to determine a range of planning applications without the need for them to be referred to Area Committees or the Planning Committee for a decision. 3.2. In terms of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc (Scotland) Act 2006, and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, where an application for planning permission relates to a proposal that falls within the category of “local development” and has been or could have been determined under the Scheme of Delegation, the applicant is entitled to request that the determination be reviewed by the Planning Local Review Body. 4. Notice of Review – Statement of Reasons for Requiring the Review 4.1. In submitting their Notice of Review, the applicant has stated their reasons for requiring a review of the determination in respect of their application. (Refer Appendix 5) 4.2. The applicant is entitled to state a preference for procedure (or combination of procedures) to be followed and has indicated that their stated preference is as follows:- X Further written submissions X Site inspection Hearing session(s) Assessment of review documents only, with no further procedure 4.3. However, members will be aware that it is for the Planning Local Review Body to determine how a case is reviewed. 5. Information Available to Allow Review of Application 5.1. Section 43B of the Planning etc (Scotland) Act 2006 restricts the ability of parties to introduce new material at the review stage. The focus of the review should, therefore, be on the material which was before the officer who dealt with the application under the Scheme of Delegation. 5.2. The following information is appended to this report to assist the Planning Local Review Body in its review of the decision taken by officers:- Planning Application Form (Appendix 1) Report of Handling by the Planning Officer under the Scheme of Delegation (Appendix 2) Site photographs and location plan (Appendix 3) Decision notice (Appendix 4) Notice of Review including statement of reasons for requiring the review (Appendix 5) 5.3. Copies of the relevant drawings are available for inspection by contacting Administration and Legal Services prior to the meeting. 10
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6. Notice of Review Consultation Process 6.1. 1 further representation was received, a Statement of Observations from the Planning Officer on the applicant’s Notice of Review, in the course of the 14 day period from the date on which notification of the request for a review of the case was given. This is attached as Appendix 6. 6.2 The applicant had the opportunity to comment on the further representations received. No comments on the further representation were received from the applicant. Paul Manning Executive Director (Finance and Corporate Resources) 28 July 2023 Link(s) to Council Values/Priorities/Outcomes We will work towards a sustainable future in sustainable places Good quality, suitable and sustainable places to live Thriving business, fair jobs and vibrant town centres Caring, connected, sustainable communities Accountable, effective, efficient and transparent Previous References None List of Background Papers Guide to the Planning Local Review Body Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Stuart McLeod, Administration Officer Ext: 4815 (Tel: 01698 454 815 / 07385 370 117) E-mail: stuart.mcleod@southlanarkshire.gov.uk 11
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Planning Application Form Appendix 1 3a 13
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Page 1 of 6 Montrose House 154 Montrose Crescent Hamilton ML3 6LB Tel: 0303 123 1015 Email: planning@southlanarkshire.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 100538068-001 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. Description of Proposal Please describe accurately the work proposed: * (Max 500 characters) Has the work already been started and/ or completed? * No Yes - Started Yes – Completed 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 Single storey rear extension, loft conversion, dormer extension and internal alterations. 3a 15
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Page 2 of 6 Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity 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: * Abode Architects Miss Connor Whitney Steven Watson Haddow Street Kirk Street 18 75 01698 451295 ML3 7HX ML10 6BA Scotland Scotland Hamilton Strathaven connor@abode-architects.co.uk 16
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Page 3 of 6 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 Pre-Application Discussion Have you discussed your proposal with the planning authority? * Yes No Trees Are there any trees on or adjacent to the application site? * Yes No If yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if any are to be cut back or felled. Access and Parking Are you proposing a new or altered vehicle access to or from a public road? * Yes No If yes, please describe and show on your drawings the position of any existing, altered or new access points, highlighting the changes you proposed to make. You should also show existing footpaths and note if there will be any impact on these. Planning Service Employee/Elected Member Interest Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an Yes No elected member of the planning authority? * 75 KIRK STREET South Lanarkshire Council STRATHAVEN ML10 6BA 644258 270015 17
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Page 4 of 6 Certificates and Notices CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATION 2013 One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1, Certificate B, Certificate C or Certificate E. Are you/the applicant the sole owner of ALL the land? * Yes No Is any of the land part of an agricultural holding? * Yes No Certificate Required The following Land Ownership Certificate is required to complete this section of the proposal: Certificate A Land Ownership Certificate Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 Certificate A I hereby certify that – (1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying application. (2) - None of the land to which the application relates constitutes or forms part of an agricultural holding Signed: Connor Steven On behalf of: Miss Whitney Watson Date: 21/02/2022 Please tick here to certify this Certificate. * 18
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Page 5 of 6 Checklist – Application for Householder Application Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information in support of your application. Failure to submit sufficient information with your application may result in your application being deemed invalid. The planning authority will not start processing your application until it is valid. a) Have you provided a written description of the development to which it relates?. * Yes No b) Have you provided the postal address of the land to which the development relates, or if the land in question Yes No has no postal address, a description of the location of the land? * c) Have you provided the name and address of the applicant and, where an agent is acting on behalf of the Yes No applicant, the name and address of that agent.? * d) Have you provided a location plan sufficient to identify the land to which it relates showing the situation of the Yes No land in relation to the locality and in particular in relation to neighbouring land? *. This should have a north point and be drawn to an identified scale. e) Have you provided a certificate of ownership? * Yes No f) Have you provided the fee payable under the Fees Regulations? * Yes No g) Have you provided any other plans as necessary? * Yes No Continued on the next page A copy of the other plans and drawings or information necessary to describe the proposals (two must be selected). * You can attach these electronic documents later in the process. Existing and Proposed elevations. Existing and proposed floor plans. Cross sections. Site layout plan/Block plans (including access). Roof plan. Photographs and/or photomontages. Additional Surveys – for example a tree survey or habitat survey may be needed. In some instances you Yes No may need to submit a survey about the structural condition of the existing house or outbuilding. A Supporting Statement – you may wish to provide additional background information or justification for your Yes No Proposal. This can be helpful and you should provide this in a single statement. This can be combined with a Design Statement if required. * You must submit a fee with your application. Your application will not be able to be validated until the appropriate fee has been Received by the planning authority. Declare – For Householder Application I, the applicant/agent certify that this is an application for planning permission as described in this form and the accompanying Plans/drawings and additional information. Declaration Name: Mr Connor Steven Declaration Date: 21/02/2022 19
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Page 6 of 6 Payment Details Pay Direct Created: 26/02/2022 14:30 20
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Report of Handling Report dated 10 February 2023 by the Council’s Authorised Officer under the Scheme of Delegation Appendix 2 3b 21
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Reference no. P/22/0281 Delegated Report Date 08 February 2023 Planning proposal: Erection of two storey rear extension with associated alterations and the formation of a roof terrace Location: 75 Kirk Street Strathaven ML10 6BA Application Type : Householder Applicant : Miss Whitney Watson Location : 75 Kirk Street Strathaven ML10 6BA Decision: Other action/notes: Application refused (1) None Report by: Area Manager (Planning & Building Standards) Policy reference: South Lanarkshire Local Development Plan 2 (adopted 2021) Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Development Policy DM2 - House Extensions and Alterations Policy NHE6 - Conservation Areas Strathaven Conservation Area Management Plan (CAMP) 2017 Development Management, Placemaking and Design Supplementary Guidance (2015) Natural and Historic Environment Supplementary Guidance (2015) Assessment: Impact on privacy? Yes Impact on sunlight/daylight? No Impact on amenity? Yes Traffic issues? No Adheres to development plan policy? No Adverse comments from consultees? No Representation(s): ► 0 Objection letters ► 0 Support letters ► 0 Comment letters 3b 23
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Planning Application Delegated Report 1 Application Summary 1.1 The applicant seeks detailed planning consent for the erection of a two-storey extension to the rear of an existing detached dwellinghouse at 75 Kirk Street, Strathaven. The proposed extension would also involve the formation of a large roof terrace. The application site is located within the designated Strathaven Conservation Area. 1.2 The proposed extension would replace an existing conservatory and small bathroom/utility room extension. It would be proposed to extend across effectively the full width of the existing dwellinghouse and it would project approximately 4.5 metres from the existing rear elevation. The extension would comprise of a ground floor kitchen/living space with large, glazed sliding doors on the rear elevation. Following discussions with the agent, the upper floor design was amended and reduced in scale from the originally submitted proposal, no longer projecting beyond the existing rear building line. The proposed upper floor extension would involve an increase in the height of the existing roof and the formation of what would effectively be a full-width rear dormer, with large windows and glazed doors on the rear elevation leading to a full-width roof terrace built on the roof of the ground floor extension. Three new roof windows are also proposed for the front elevation, to serve the upper floor space. The proposed extension would be finished in zinc cladding in contrast to the rendered finish of the existing dwellinghouse. 2 Representation(s) 2.1 Statutory neighbour notification was undertaken in respect of this application and the proposal was further advertised in the local press and by a site notice. No letters of representation have been received as a result of this publicity. 3 Assessment and Conclusions 3.1 Following a detailed assessment of this proposal, it is considered that it would not comply with the relevant policies of the adopted Local Development Plan as it would have a significant adverse impact upon residential and visual amenity in the area, and upon the wider character of the Conservation Area. In this respect, the proposed full-width extension is considered to dominate the existing house due to its excessive size and height in relation to the existing building. The roof requires to be raised in height to accommodate the proposed upper floor accommodation given its scale, and the extension is of a contrasting modern design when compared to the existing building. Whilst a contrasting design can be successful in certain circumstances, the site is located within a Conservation Area and the proposal would significantly adversely impact upon the visual amenity and overall character of the area. In addition, the full width roof terrace would be likely to allow for excessive overlooking over neighbouring private gardens, even with privacy screens. 3.2 In terms of its impact upon the Conservation Area, whilst the extension is located to the rear it would be highly visually prominent from the street due to its size and modern design. In addition, the front elevation would be significantly altered with the increase in the height of the roof between the existing chimneys and the formation of new roof windows. The impact upon the streetscape and overall character of the Conservation Area is considered to be significant. It would not comply with the policies or guidance contained within the Strathaven Conservation Area Management Plan, or with the relevant policies of the adopted Local Development Plan. 24
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3.3 No letters of representation have been received in connection with this application and no formal consultations were required to be undertaken in this instance given the application type. 3.4 Given the above, it is considered that the proposed extension is not of a size, scale or design that would suitably integrate with the existing dwellinghouse, and that the proposal would have a significant adverse impact upon the character of the Conservation Area and upon residential amenity. As such, it is considered that planning permission should be refused. 3.5 The Revised Draft National Planning Framework 4 was approved by the Scottish Parliament on 11 January 2023. The next step is its formal adoption and publication by Scottish Ministers. Due to its advanced stage, the Revised Draft NPF4 is now considered to be a material consideration in the determination of this application. However, there are not considered to be any specific implications in respect of the provisions of the draft framework relating to this application. 4 Reason for decision 4.1 The proposal is contrary to Policies 5, 14, DM2 and NHE6 of the adopted South Lanarkshire Local Development Plan 2 (2021) in that the size, scale and design of the proposed extension would not suitably integrate with the scale, design or character of the existing building and that it would have a significant adverse impact upon the character of the wider Conservation Area. In addition, the proposal would have a significant adverse impact upon residential amenity. Delegating officer: Iain Morton Date: 10 February 2023 Previous references None List of background papers ► Application Form ► Application Plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Development Management, Placemaking and Design Supplementary Guidance (2015) ► Natural and Historic Environment Supplementary Guidance (2015) ► Strathaven Conservation Area Management Plan (CAMP) 2017 ► Neighbour notification letter dated 09 March 2022 ► Newspaper Advert, East Kilbride News dated 18 January 2023 ► Site Notice, dated 18 January 2023 ► Correspondence with agent, various dates Contact for further information If you would like to inspect the background papers or want further information, please contact:- Andrew Muir, Planning Officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551843180 Email: andrew.muir2@southlanarkshire.gov.uk 25
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Planning Application Application number: P/22/0281 Reasons for refusal 01. The proposal is contrary to Policy NHE6 of the South Lanarkshire Local Development Plan in that it represents an inappropriate and incongruous form of development within the Conservation Area which would have an adverse effect on the Conservation Area in general and the streetscape in particular. 02. The proposed extension does not conform to the scale, design or character of the original building on the site or the surrounding built form and would therefore be detrimental to the amenity of the area in general. 03. If approved, the proposal would result in a loss of privacy and would adversely affect the amenity of adjacent properties. 04. If approved, the proposal would set an undesirable precedent which could encourage further similar applications, resulting in an adverse impact on the character of the Conservation Area. Reason(s) for decision The proposal is contrary to Policies 5, 14, DM2 and NHE6 of the adopted South Lanarkshire Local Development Plan 2 (2021) in that the size, scale and design of the proposed extension would not suitably integrate with the scale, design or character of the existing building and that it would have a significant adverse impact upon the character of the wider Conservation Area. In addition, the proposal would have a significant adverse impact upon residential amenity. Informatives 01. This decision relates to drawing numbers: Reference Version No: Plan Status 21070-AA-001 Refused 21070-AA-020 Refused 21070-AA-021 Refused 21070-AA-022 Refused 21070-AA-023 Refused 21070-AA-030 Refused 21070-AA-031 Refused 21070-AA-032 Refused 21070-AA-033 Refused 21070-AA-034 Refused 26
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21070-AA-050 Refused 21070-AA-002 Refused 21070-AA-051 A Refused 21070-AA-052 A Refused 21070-AA-053 A Refused 21070-AA-054 A Refused 21070-AA-055 A Refused 21070-AA-056 A Refused 21070-AA-057 A Refused 21070-SK-100 Refused 21070-SK-101 Refused 21070-SK-102 Refused 27
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Site photographs and location plan Appendix 3 3c 29
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Photo 1 3c 31
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Photo 1 3c 35
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Planning Decision Notice and Reasons for Refusal Appendix 4 3d 37
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Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Email andrew.muir2@southlanarkshire.gov.uk Phone: 07551843180 Community And Enterprise Resources Executive Director David Booth Planning And Regulatory Services Connor Steven Abode Architects 18 Haddow Street Hamilton ML3 7HX Our Ref: P/22/0281 Your Ref: If calling ask for: Andrew Muir Date: 14 February 2023 Dear Sir/Madam Proposal: Erection of two storey rear extension with associated alterations and the formation of a roof terrace Site address: 75 Kirk Street, Strathaven, ML10 6BA, Application no: P/22/0281 I would advise you that the above application was refused by the Council and I enclose the decision notice which sets out the reasons for refusal. Please note that the Council does not issue paper plans with the decision notice. The application is refused in accordance with the plans and any other documentation listed in the reasons for refusal imposed on the accompanying decision notice and which can be viewed using the Council’s online planning application search at https://publicaccess.southlanarkshire.gov.uk/online-applications/ If you consider that you can overcome the reasons for refusal and that it is not the principle of the development that is unacceptable, you may submit an amended application. If you do amend your proposals and re-apply within one year of this refusal, then you will not have to pay a fee, provided the proposal is of the same character or description as the application which has just been refused. As your application has been refused, you may appeal against the decision within 3 months of the date of the decision notice. The attached notes explain how you may appeal. Should you have any enquiries relating to the refusal of your application or a potential amended submission, please contact Andrew Muir on 07551843180 Yours faithfully Head of Planning and Regulatory Services Enc: 3d 39
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Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006 To: Miss Whitney Watson Per: Connor Steven 75 Kirk Street , Strathaven , ML10 6BA, 18 Haddow Street, Hamilton, ML3 7HX, With reference to your application received on 28.02.2022 for planning permission under the above mentioned Act: Description of proposed development: Erection of two storey rear extension with associated alterations and the formation of a roof terrace Site location: 75 Kirk Street, Strathaven, ML10 6BA, SOUTH LANARKSHIRE COUNCIL in exercise of their powers under the above mentioned Act hereby: REFUSE PLANNING PERMISSION for the above development in accordance with the plan(s) specified in this decision notice and the particulars given in the application, for the reason(s) listed overleaf in the paper apart. Date: 14th February 2023 Head of Planning and Regulatory Services This permission does not grant any consent for the development that may be required under other legislation, e.g. Building Warrant or Roads Construction Consent. South Lanarkshire Council Community and Enterprise Resources Planning and Regulatory Services Application no. P/22/0281 40
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South Lanarkshire Council Refuse planning permission Paper apart - Application number: P/22/0281 Reason(s) for refusal: 01. The proposal is contrary to Policy NHE6 of the South Lanarkshire Local Development Plan in that it represents an inappropriate and incongruous form of development within the Conservation Area which would have an adverse affect on the Conservation Area in general and the streetscape in particular. 02. The proposed extension does not conform to the scale, design or character of the original building on the site or the surrounding built form and would therefore be detrimental to the amenity of the area in general. 03. If approved, the proposal would result in a loss of privacy and would adversely affect the amenity of adjacent properties. 04. If approved, the proposal would set an undesirable precedent which could encourage further similar applications, resulting in an adverse impact on the character of the Conservation Area. Reason(s) for decision The proposal is contrary to Policies 5, 14, DM2 and NHE6 of the adopted South Lanarkshire Local Development Plan 2 (2021) in that the size, scale and design of the proposed extension would not suitably integrate with the scale, design or character of the existing building and that it would have a significant adverse impact upon the character of the wider Conservation Area. In addition, the proposal would have a significant adverse impact upon residential amenity. 41
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Notes to applicant Application number: P/22/0281 Important The following notes do not form a statutory part of this decision notice. However, it is recommended that you study them closely as they contain other relevant information. 01. This decision relates to drawing numbers: Reference Version No: Plan Status 21070-AA-001 Refused 21070-AA-020 Refused 21070-AA-021 Refused 21070-AA-022 Refused 21070-AA-023 Refused 21070-AA-030 Refused 21070-AA-031 Refused 21070-AA-032 Refused 21070-AA-033 Refused 21070-AA-034 Refused 21070-AA-050 Refused 21070-AA-002 Refused 21070-AA-051 A Refused 21070-AA-052 A Refused 21070-AA-053 A Refused 21070-AA-054 A Refused 21070-AA-055 A Refused 21070-AA-056 A Refused 21070-AA-057 A Refused 21070-SK-100 Refused 21070-SK-101 Refused 21070-SK-102 Refused 42
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COMMUNITY AND ENTERPRISE RESOURCES Executive Director David Booth Planning and Economic Development Important notes Town and Country Planning (Scotland) Act 1997 1. Compliance with conditions Under the provisions of the Town and Country Planning (Scotland) Act 1997 (Section 145), failure to comply with any condition(s) imposed on any planning permission may result in the service by the Council of a “Breach of Condition Notice” requiring compliance with the said condition(s). There is no right of appeal against such a Notice and failure to comply with the terms of the Notice within the specified time limit will constitute a summary offence, liable on summary conviction to a fine not exceeding £1000. 2. Procedure for appeal to the planning authority (a) If the applicant is aggrieved by the decision of the planning authority to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997, within three months from the date of this notice. The notice of review should be addressed to: Executive Director (Corporate Resources) Council Headquarters Almada Street Hamilton ML3 0AA To obtain the appropriate forms: Administrative Services at the above address. Telephone: 01698 454108 E-mail: pauline.macrae@southlanarkshire.gov.uk (b) If permission to develop land is refused or granted subject to conditions, whether by the planning authority or by the Scottish Ministers, 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 incapable 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 requiring the purchase of his interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 43
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Notice of Review (including Statement of Reasons for Requiring the Review) submitted by applicant W Watson Appendix 5 3e 45
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Notice of Review Form Page 1 of 7 For official use: NOR/ _ _ / _ _ / _ _ _ Date received by PLRB: _ _ / _ _ / _ _ Notice of Review Under Section 43A(8) of The Town and Country Planning (Scotland) Act 1997 (as amended) in respect of decisions on local developments The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 The Town and Country Planning (Appeals) (Scotland) Regulations 2013 This notice requires to be served on the Planning Authority within 3 months of the date of the decision notice or from the date of expiry of the period allowed for determining the application which is set as 2 months following the validation date of the application IMPORTANT: Please read and follow the guidance notes provided when completing this form. Failure to supply all the relevant information could invalidate your Notice of Review. Please complete in BLOCK CAPITALS Applicant(s) Name: Whitney Watson Address: Postcode: 75 Kirk Street Strathaven ML10 6BA Contact Telephone 1: Contact Telephone 2: Fax No: E-mail:* Agent (if any) Name: Connor Steven Address: Postcode: Abode Architects Ellismuir House, Ellismuir Way Uddingston G71 5PW Contact Telephone 1: 01698 451 295 Contact Telephone 2: Fax No: E-mail:* connor@abode-architects.co.uk Mark this box to confirm that all contact should be through this representative: * Do you agree to correspondence regarding your review being sent by e-mail? Yes No Application reference number: P / 2 2 / 0 2 8 1 Site address: 75 Kirk Street, Strathaven, ML10 6BA Description of proposed development: Erection of two storey rear extension with associated alterations and the formation of a roof terrace Validation date of application: 28.02.2022 Date of decision (if any): 14.02.2023 3e 47
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Notice of Review Form Page 2 of 7 Nature of application 1. Application for planning permission (including householder application) 2. Application for planning permission in principle 3. Further application (including development that has not yet commenced and where a time limit has been imposed; renewal of planning permission; and/or modification, variation or removal of a planning condition) 4. Application for approval of matters specified in conditions Reasons for requesting review 1. Refusal of application by appointed officer 2. Failure by appointed officer to determine the application within the period allowed for determination of the application 3. Conditions imposed on consent by appointed officer Review procedure In cases where the Planning Local Review Body considers that it has sufficient information, including the Notice of Review, the decision notice, report of handling and any further representations from interested parties, it may, under Regulation 12, proceed to determine the review. It is anticipated that the majority of cases the Planning Local Review Body deals with will fall into this category. The Planning 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 it 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. Although the Planning Local Review Body will decide on the procedure to be used to determine your review, you can indicate what procedure (or combination of procedures) you consider most appropriate for the handling of your review. You may tick more than one box if you wish the review to be conducted by a combination of procedures. 1. Further written submissions 3. Site inspection 2. One or more hearing sessions 4. Assessment of review documents only, with no further procedure If you have marked box 1 or 2, please explain here which of the matters (as set out in your statement below) you believe ought to be subject of that procedure, and why you consider further submissions or a hearing are necessary: Site inspection In the event that the Local Review Body decides to inspect the review site, in your opinion: 1. Can the site be viewed entirely from public land? Yes No 2. Is it possible for the site to be accessed safely, and without barriers to entry? If there are reasons why you think the Planning Local Review Body would be unable to undertake an unaccompanied site inspection, please explain here: No barriers to access, you can walk around the side of the house to the rear garden 48
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Notice of Review Form Page 3 of 7 Statement of reasons for requiring the review You must state, in full, why you are requesting a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. Note: 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 Planning Local Review Body to consider as part of the review. If the Planning Local Review Body issues a notice requesting further information from any other person or body, you will have a period of 14 days in which to comment on any additional matter which has been raised by that person or body. State here the reasons for your Notice of Review and all matters you wish to raise. If necessary, this statement can be continued or provided in full in a separate document. You may also submit additional documentation with this form. We believe that this application has wrongly been refused by SLC. The extension comprises the removal of an existing rear conservatory, ground floor extension, dormer & garage – all in a miss-mash of conflicting styles and aesthetics – to be replaced by a cohesive extension with small roof terrace & rear dormer, designed in such a way to minimise viewing from the front, but to maximise the clients usable space to the rear. We feel that the application was not given the due consideration & thorough review that it should have received by the case officer & SLC. This was evident through the fact it took just short of 1 year to issue a decision; a lack of communication & ignoring of emails for months on end from the case officer; as far as we know the case officer did not visit the site; the case officer forgot to request a newspaper advertisement and asked for this after 10-11 months after application validation; and finally even in the “reason(s) for refusal” SLC have referenced non-applicable policy (NHE6). The main issues raised within the officer’s report of handling & the reasons for refusal refer mainly to the scale of the extension & the contrasting nature due to this being within a conservation area. We have sought to respond to each of the “Reason(s) for refusal” below, to give further context to why certain design decisions were made & to explain why we disagree with the refusal. 01. The proposal is contrary to Policy NHE6 of the South Lanarkshire Local Development Plan in that it represents an inappropriate and incongruous form of development within the Conservation Area which would have an adverse affect on the Conservation Area in general and the streetscape in particular. Policy NHE6 is not applicable to this application, therefore proposals cannot be contrary to this policy. 02. The proposed extension does not conform to the scale, design or character of the original building on the site or the surrounding built form and would therefore be detrimental to the amenity of the area in general. Supplementary Guidance 9 advises that “Alterations and extensions to buildings in conservation areas must also preserve or enhance the character or appearance of the area”. We specifically designed a high-quality extension to the rear of a house which is barely visible from the street, and as such not really visible from the conservation area. The scale of the adjacent context is that of 1.5 storey bungalows which have been substantially extended to the rear, and it’s immediate neighbour to the west has a large, overpowering 2 storey extension with windows that overlook our client’s garden. Within the “Report of Handling” it refers to the proposals being “highly visually prominent from the street due to its size and modern design”. As shown on 21070-SK-100 & 21070-SK-102 before/after visualisations (submitted as additional supporting documents along with the application) this is not accurate, as you can BARELY see the extension from the street. From the east (left on Kirk Street – see SK-102) you can see the smallest little triangle of the dromer from the opposite site of the road. 49
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Notice of Review Form Page 4 of 7 From the west (right on Kirk St), you can see the dormer and extension in the exact same way that you can see the current dormer & conservatory – the visual impact is no different to what is currently visible… Although there is reference to “raising the roof”, we require to raise the ridge height of the existing roof by 135mm (around 5 inches) due to the current headroom within the existing bedroom at first floor being non-compliant with current Building Regulations minimum headroom requirements. Although raising the ridge, 5 inches is not even going to be noticeable from the street! Regarding the character of the existing house & the modern design of the extension, we see so many poor-quality additions to buildings within conservation areas. Our proposed extension seeks to rationalise the clumsy nature of the existing dormer / extension & conservatory massing on the house (refer to existing photo on previously submitted 21070-SK-101). At ground floor, we do not project any further in to the rear garden than the existing conservatory does (see previously submitted 21070-AA-057) e existing rear of the building is a miss-mash of styles added at various points throughout the lifetime of the building). We find that the “standard” approach to development within conservation areas to be often poor-quality pastiche with cheap materials and poor quality design. We instead find that the most successful projects within conservation areas are those of which who understand the context in which their buildings sit. They respect the character of the defining existing streets, but are designed with traditional materials – used in a contemporary manner (note that zinc cladding has been used widely across the UK & Europe since the 19th century. 03. If approved, the proposal would result in a loss of privacy and would adversely affect the amenity of adjacent properties. This relates to the rear roof terrace. As shown on our submitted drawing 21070-AA-002 (existing & proposed block plan), the roof terrace (and whole extension for that matter) does not project any further in to the gardens than the adjacent properties. Specifically, the roof terrace sits roughly in line with the ‘original’ rear wall of the adjacent properties before they were both extensively extended. Therefore we believe that the privacy of the adjacent properties is not adversely affected. 04. If approved, the proposal would set an undesirable precedent which could encourage further similar applications, resulting in an adverse impact on the character of the Conservation Area. We believe that as outlined above, the proposal has sought to create a high-quality extension to an existing home within the conservation area using high quality materials & thorough, well considered design. The fact remains that it is almost invisible from the street front of Kirk Street (no more so than the existing poor quality conservatory & dormer are), and as such do not believe that the approval of this application leads to an “undesirable precedent”. We hope that the above & previously submitted drawings (re-uploaded as part of the appeal for ease of handling) provide sufficient context to allow the decision to be overturned. The extension is hardly visible from the streetscape & is to the rear of the dwelling. It is not any larger, nor does it project any further than any of the extensions to dwellings either side – therefore we strongly disagree with the reasons for refusal as previously noted. Have you raised any matters which were not before the appointed officer at the time the determination on your application was made? Yes No If yes, you should explain in the box below, why you are raising new material, why it was not raised with the appointed officer before your application was determined and why you consider it should now be considered in your review. 50
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Notice of Review Form Page 5 of 7 51
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Notice of Review Form Page 6 of 7 List of documents and evidence 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. All of the documents noted below were submitted as part of the application process prior to decision. 21070-AA-001 21070-AA-002 21070-AA-020 21070-AA-021 21070-AA-022 21070-AA-023 21070-AA-030 21070-AA-031 21070-AA-032 21070-AA-033 21070-AA-034 21070-AA-050 21070-AA-051 A 21070-AA-052 A 21070-AA-053 A 21070-AA-054 A 21070-AA-055 A 21070-AA-056 A 21070-AA-057 A 21070-SK-100 21070-SK-101 21070-SK-102 Note: A copy of the Notice of Review, the review documents and any notice of the procedure of the review will be made available for inspection by prior appointment (Phone: 08457 406080) at the office of Planning and Building Standards Services, Montrose House, 154 Montrose Crescent, Hamilton ML3 6LB until such time as the review is determined. It may also be made available on the Council’s website. Checklist Please mark the appropriate boxes to confirm that you have provided all supporting documents and evidence relevant to your review: Full completion of all parts of this form Statement of your reasons for requiring a review 2 copies of all documents, materials and evidence which you intend to rely on (eg planning application form, plans and drawings, decision notice or other documents) which are now the subject of this review. Note. Where the review relates to a further application, eg 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 from that earlier consent. Declaration I the agent hereby serve notice on the planning authority to review the application as set out on this form and in the supporting documents. Signed: Date: Connor Steven on behalf of Abode Architects 08.05.23 52
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Notice of Review Form Page 7 of 7 This form and 2 copies of all supporting documents should be sent to:- Planning and Building Standards Services Community and Enterprise Resources, Montrose House, 154 Montrose Crescent, Hamilton ML3 6LB Email: planning@southlanarkshire.gov.uk Phone: 08457 406080 For more information or if you want this information in a different format or language, please phone 01698 455379 or send email to planning@southlanarkshire.gov.uk For official use Date stamp) 53
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74a 70 74 75 9 11 17 11a 21 79 32 80 78 82 76 67 Ordnance Survey, (c) Crown Copyright 2022. All rights reserved. Licence number 100022432 KIRK STREET RYELAND STREET DUNLOP STREET Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Jan'22 21070-AA-001 LOCATION PLAN AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:1250 @ A3 WHITNEY WATSON PLANNING Scale of Metres - 1:1250 10 0 20 40 60 3e 55
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1549 75KIRK STREET 1040 KIRK STREET 105004500 1491 1649 75 2000 ROOF TERRACE Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Jan'22 21070-AA-002 EXISTING & PROPOSED BLOCK PLAN AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:500 @ A3 WHITNEY WATSON PLANNING Scale of Metres - 1:500 05 10 20 25155 Existing Block Plan Proposed Block Plan 3e 57
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KITCHEN HALLWAY CONSERVATORY BATHROOMUTILITY LIVING ROOMBEDROOM DRESSING ROOM A Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Jan'22 21070-AA-020 EXISTING GROUND FLOOR PLAN AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:50 @ A3 WHITNEY WATSON PLANNING 0.5 0 1 2 3 Scale of Metres - 1:50 3e 59
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BEDROOM LOFT WC A RIDGE EXISTING CHIMNEYEXISTING CHIMNEY Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Jan'22 21070-AA-021 EXISTING FIRST FLOOR PLAN AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:50 @ A3 WHITNEY WATSON PLANNING 0.5 0 1 2 3 Scale of Metres - 1:50 3e 61
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EAVES +2.32m FFL +0.0m FFL +2.9m EGL -0.15m RIDGE +5.2m EAVES +2.32m FFL +0.0m FFL +2.9m EGL -0.15m RIDGE +5.2m EAVES +2.32m FFL +0.0m FFL +2.9m EGL -0.15m RIDGE +5.2m EAVES +2.32m FFL +0.0m FFL +2.9m EGL -0.15m RIDGE +5.2m Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Jan'22 21070-AA-022 EXISTING ELEVATIONS AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:100 @ A3 WHITNEY WATSON PLANNING 1 0 2 4 6 Scale of Metres - 1:100 FRONT ELEVATION EAST ELEVATION REAR ELEVATION WEST ELEVATION 3e 63
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808 1965 LIVING ROOM DRESSING ROOM BEDROOM CONSERVATORY EAVES +2.32m FFL +0.0m FFL +2.9m EGL -0.15m 2698 RIDGE +5.2m Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Jan'22 21070-AA-023 EXISTING SECTION A-A AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:50 @ A3 WHITNEY WATSON PLANNING 0.5 0 1 2 3 Scale of Metres - 1:50 3e 65
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KITCHEN HALLWAY CONSERVATORY BATHROOMUTILITY LIVING ROOMBEDROOM DRESSING ROOM A EXISTING CONSERVATORY TO BE REMOVED OPENING FOR NEW DOOR INTERNAL LOAD BEARING WALLS TO BE REMOVED EXISTING STAIRCASE TO BE REMOVED SECTION OF WALL TO BE REMOVED EXISTING UTILITY & BATHROOM TO BE REMOVED EXISTING KITCHEN TO BE REMOVED EXISTING WINDOW TO BE REMOVED Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Jan'22 21070-AA-030 DOWNTAKINGS GROUND FLOOR PLAN AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:50 @ A3 WHITNEY WATSON PLANNING 0.5 0 1 2 3 Scale of Metres - 1:50 3e 67
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BEDROOM LOFT WC A INTERNAL PARTITIONS TO BE REMOVED EXISTING BATHROOM TO BE REMOVED EXISTING DORMER TO BE REMOVED EXISTING CONSERVATORY TO BE REMOVED EXISTING UTILITY & BATHROOM TO BE REMOVED EXISTING RIDGE TO BE MOVED EXISTING STAIRCASE TO BE REMOVED & INFILLED Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Jan'22 21070-AA-031 DOWNTAKINGS FIRST FLOOR PLAN AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:50 @ A3 WHITNEY WATSON PLANNING 0.5 0 1 2 3 Scale of Metres - 1:50 3e 69
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EAVES +2.32m FFL +0.0m FFL +2.9m EGL -0.15m EAVES +2.32m FFL +0.0m FFL +2.9m EGL -0.15m OPENING FOR VELUX CABRIO OPENING FOR VELUX EXISTING DORMER TO BE REMOVED EXISTING SECTION OF ROOF TO BE REMOVED IN PREPARATION FOR NEW DORMER EXISTING CONSERVATORY TO BE REMOVED AREA OF EXISTING HOUSE TO BE REMOVED EXISTING CONSERVATORY TO BE REMOVED EXISTING WINDOW TO BE REMOVED Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Jan'22 21070-AA-032 DOWNTAKINGS ELEVATIONS AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:100 @ A3 WHITNEY WATSON PLANNING 1 0 2 4 6 Scale of Metres - 1:100 FRONT ELEVATION REAR ELEVATION 3e 71
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EAVES +2.32m FFL +0.0m FFL +2.9m EGL -0.15m EAVES +2.32m FFL +0.0m FFL +2.9m EGL -0.15m EXISTING DORMER TO BE REMOVED EXISTING CONSERVATORY TO BE REMOVED EXISTING DORMER TO BE REMOVED EXISTING CONSERVATORY TO BE REMOVED AREA OF EXISTING HOUSE TO BE REMOVED NEW OPENING FOR DOOR Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Jan'22 21070-AA-033 DOWNTAKINGS ELEVATIONS AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:100 @ A3 WHITNEY WATSON PLANNING 1 0 2 4 6 Scale of Metres - 1:100 EAST ELEVATION WEST ELEVATION 3e 73
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A EXISTING DORMER TO BE REMOVED EXISTING CONSERVATORY TO BE REMOVED AREA OF EXISTING HOUSE TO BE REMOVED SECTION OF EXISTING ROOF TO BE REMOVED OPENING FOR VELUX CABRIO OPENING FOR VELUX Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Jan'22 21070-AA-034 DOWNTAKINGS ROOF PLAN AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:50 @ A3 WHITNEY WATSON PLANNING 0.5 0 1 2 3 Scale of Metres - 1:50 3e 75
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HALLWAY LIVING ROOMBEDROOM 3000 STORE TOTAL AREA OF EXTENSION TO INTERNAL WALL 40.7m² 2300 1100 1 2 3 4 5 6 7 8910111213 15 2150 KITCHEN 15.1m2 DINING AREA 12.2m2 LIVING AREA 13.7m2 BATHROOM 6.8m2 UTILITY 7.1m2 A 1100 2200 1100 5000 1100 10500 EXTENT OF EXTENSION 3200 1000 1000 4500 EXTENT OF EXTENSION B BOILER MOVED TO UTILITY ROOM 1693 NEW DARK GREY ALUMINIUM SLIDING DOORS 1.5x0.8m ROOF WINDOWS EXISTING WALLS NEW WALLS NEW DOOR TO UTILITY ROOM NEW DARK GREY ALUMINUM SLIDING DOORS BUILT IN SHELVING NEW STAIRCASE 3130 STEELWORK TO ENGINEERS SPECIFICATION 1000 STEELWORK TO ENGINEERS SPECIFICATION STORE 1365 Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Jan'22 21070-AA-050 PROPOSED GROUND FLOOR PLAN AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:50 @ A3 WHITNEY WATSON PLANNING 0.5 0 1 2 3 Scale of Metres - 1:50 3e 77
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A 1.2m HEADROOM 4 5 6 7 8910111213 14 15 1.8m HEADROOM 1798 2750 NEW RIDGE LINE 1.2m HEADROOM 1.8m HEADROOM NEW RIDGE LINE BEDROOM 16.9m2 BEDROOM 13.8m2 BATHROOM 4.9m2 1531 981 4510 FORMER RIDGE NEW STAIRCASE NEW DARK GREY PATIO DOORS OPENING ONTO ROOF TERRACE NEW 1.0x0.6m ROOF WINDOW 2.52x0.94m VELUX CABRIO ROOF WINDOWS 1.1m PROTECTIVE GLASS BALUSTRADE TO REAR 1.5x0.8m FLAT ROOF WINDOW 4781 10500 1.8m PROTECTIVE FROSTED GLASS BALUSTRADE TO SIDES1.8m PROTECTIVE FROSTED GLASS BALUSTRADE TO SIDES DASHED LINE DENOTES EXTERNAL WALL BELOW ROOF TERRACE 20.8m22000 3053 4510 3736 Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES SDDormer size & roof terrace reduced in size A 21/06/22 Jan'22 A21070-AA-051 PROPOSED FIRST FLOOR PLAN AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:50 @ A3 WHITNEY WATSON PLANNING 0.5 0 1 2 3 Scale of Metres - 1:50 3e 79
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EAVES +2.32m FFL +0.0m FFL +2.9m EGL -0.15m NEW RIDGE +5.3m 2.52x0.94m VELUX CABRIO ROOF WINDOWS NEW 1.0x0.6m ROOF WINDOW NOTE EXISTING RIDGE OF HOUSE RAISED BY APPROX 135mm TO ALLOW SUFFICIENT HEADROOM AT FIRST FLOOR AS EXISTING BEDROOM HAS LESS THAN 2m HEADROOM SLATE FROM REAR ROOF DOWNTAKINGS TO BE USED ON NEW SECTION TO FRONT Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES SDRidge height increase reduced fromm 300mm to 135mmA 21/06/22 Jan'22 A21070-AA-052 PROPOSED FRONT ELEVATION AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:50 @ A3 WHITNEY WATSON PLANNING 0.5 0 1 2 3 Scale of Metres - 1:50 3e 81
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EAVES +2.32m FFL +0.0m FFL +2.9m EGL -0.15m NEW RIDGE +5.3m DOOR HEAD +2.25m ROOF HEIGHT +3.0m NEW DARK GREY PATIO DOORS OPENING ONTO ROOF TERRACE NEW DARK GREY ALUMINIUM SLIDING DOORS NEW DARK GREY ALUMINIUM SLIDING DOORS VM ZINC STANDING SEAM ZINC CLADDING VM ZINC STANDING SEAM ZINC CLADDING DOOR HEAD +5.0m 1.1m PROTECTIVE GLASS BALUSTRADE TO FRONT 1.8m HIGH PROTECTIVE BARRIER TO SIDE ELEVATIONS (FROSTED GLASS) DARK BRICK BASE COURSE ZINC STRING COURSE NOTE EXISTING RIDGE OF HOUSE RAISED BY APPROX 135mm TO ALLOW SUFFICIENT HEADROOM AT FIRST FLOOR, AS EXISTING BEDROOM HAS LESS THAN 2m CLEAR HEADROOM VM ZINC CAPPING PIECE VM ZINC CAPPING PIECE 490 2800 766 1900 1193 2800 490 10439 EXTENT OF DORMER 1100 5000 1100 2200 1100 10500 EXTENT OF EXTENSION NEW DARK GREY WINDOW Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Height of ground floor extension reduced to 3m SDRidge height increase reduced from 300mm to 135mm A 22/06/21 Jan'22 A21070-AA-053 PROPOSED REAR ELEVATION AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:50 @ A3 WHITNEY WATSON PLANNING 0.5 0 1 2 3 Scale of Metres - 1:50 3e 83
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1.8m PROTECTIVE FROSTED GLASS BALUSTRADE TO SIDE ELEVATIONS VM ZINC STANDING SEAM ZINC CLADDING FFL +0.0m FFL +2.9m EGL -0.15m NEW RIDGE +5.3m VM ZINC STANDING SEAM ZINC CLADDING NEW DOOR TO UTILITY ROOF HEIGHT +3.0m VM ZINC CAPPING PIECE DARK BRICK BASE COURSE ZINC STRING COURSE VM ZINC CAPPING PIECE 1000 750 4500 EXTENT OF EXTENSION BF 2000 EXTENT OF TERRACE Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Ground floor extension height reduced to 3m Terrace depth reduced to 2m Dormer size reduced to sit wholly within existing roof footprint SDRidge height increase reduced from 300mm to 135mm A 21/06/22 Jan'22 A21070-AA-054 PROPOSED WEST ELEVATION AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:50 @ A3 WHITNEY WATSON PLANNING 0.5 0 1 2 3 Scale of Metres - 1:50 3e 85
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1.8m PROTECTIVE FROSTED GLASS BALUSTRADE TO SIDE ELEVATIONS VM ZINC STANDING SEAM ZINC CLADDING FFL +0.0m FFL +2.9m EGL -0.15m NEW RIDGE +5.3m VM ZINC STANDING SEAM ZINC CLADDING ROOF HEIGHT +3.0m VM ZINC CAPPING PIECE DARK BRICK BASE COURSE ZINC STRING COURSE VM ZINC CAPPING PIECE 4500 EXTENT OF EXTENSION 2000 EXTENT OF TERRACE Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Ground floor extension height reduced to 3m Terrace depth reduced to 2m Dormer size reduced to sit wholly within existing footprint SDRidge height increase reduced from 300mm to 135mm A 21/06/22 Jan'22 A21070-AA-055 PROPOSED EAST ELEVATION AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:50 @ A3 WHITNEY WATSON PLANNING 0.5 0 1 2 3 Scale of Metres - 1:50 3e 87
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LIVING ROOM FFL +0.0m FFL +2.9m EGL -0.15m BEDROOM UTILITY KITCHEN NEW RIDGE +5.3m 500 NEW DARK GREY ALUMINIUM SLIDING DOORS 1.1m PROTECTIVE GLASS BALUSTRADE TO REAR NEW DARK GREY PATIO DOORS OPENING ONTO ROOF TERRACE 1.5x0.8m FLAT ROOF WINDOW 2.52x0.94m CABRIO ROOF WINDOWS DOOR HEAD +2.25m ROOF HEIGHT +3.0m NOTE EXISTING RIDGE OF HOUSE RAISED BY APPROX 135mm TO ALLOW SUFFICIENT HEADROOM AT FIRST FLOOR 1.8m HIGH PROTECTIVE BARRIER TO SIDE ELEVATIONS (FROSTED GLASS) STEELWORK TO ENGINEERS SPECIFICATION 2000 EXTENT OF TERRACE 2515 2100 Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Ground floor extension height reduced to 3m Terrace depth reduced to 2m Dormer size reduced to sit wholly within existing roof footprint SDRidge height increase reduced from 300mm to 135mmA 21/06/22 Jan'22 A21070-AA-056 PROPOSED SECTION A-A AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:50 @ A3 WHITNEY WATSON PLANNING 0.5 0 1 2 3 Scale of Metres - 1:50 3e 89
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A A RIDGE A A 2.52x0.94m CABRIO ROOF WINDOWS NEW 1.2x0.6m ROOF WINDOW 1.5x0.8m FLAT ROOF WINDOW 1.8m PROTECTIVE GLASS BALUSTRADE TO SIDES (FROSTED GLASS) FORMER RIDGE 1:80 FALL ROOF TERRACE REAR DORMER WITH SINGLE PLY ROOF MEMBRANE WITH FALL TO REAR SLATE FROM REAR ROOF DOWNTAKINGS TO BE USED ON NEW SECTION TO FRONT 1.1m PROTECTIVE GLASS BALUSTRADE TO FRONT EXISTING CHIMNEY NEW RIDGE LINE Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES Ridge height increase reduced from 300mm to 135mm Dormer size reduced to sit wholly within existing roof footprint SDTerrace depth reduced to 2mA 21/06/22 Jan'22 A21070-AA-057 EXISTING & PROPOSED ROOF PLAN AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 210701:100 @ A3 WHITNEY WATSON PLANNING EXISTING ROOF PLAN PROPOSED ROOF PLAN 1 0 2 4 6 Scale of Metres - 1:100 3e 91
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Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES JUNE '22 21070-SK-100 SHEET 1 OF 3 EXISTING & PROPOSED VISUAL AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 21070NTS @ A3 WHITNEY WATSON PLANNING Existing Visual Proposed Visual Proposed dormer extension Proposed velux cabrio roof windows Proposed extension Existing dormer Existing conservatory Proposed terrace 3e 93
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Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES JUNE '22 21070-SK-101 SHEET 2 OF 3 EXISTING & PROPOSED VISUAL AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 21070NTS @ A3 WHITNEY WATSON PLANNING Existing Visual Proposed Visual Proposed dormer extension Proposed extension Existing dormer Existing conservatory Proposed terrace 3e 95
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Proposed dormer extension Client Project Title Drawing Title Scale Date Drawing Number Revision T: +44 (0) 1698 451 295 E: info@abode-architects.co.uk W: abode-architects.co.uk DO NOT SCALE FROM DRAWINGS All dimensions to be checked on site by the contractor and any discrepancies to be notified to the architect prior to works commencing. No assumption should be made without reference to the architect. © All Rights Reserved. Copyright in all documents and drawings prepared by Abode Architects and in any works executed from these documents and drawings shall remain the property of Abode Architects. Rev Description Date By Job No. Abode Architects 18 Haddow Street Hamilton ML3 7HX ADDITIONAL NOTES JUNE '22 21070-SK-102 SHEET 3 OF 3 EXISTING & PROPOSED VISUAL AT 75 KIRK STREET, STRATHAVEN SINGLE STOREY EXTENSION & DORMER EXTENSION 21070NTS @ A3 WHITNEY WATSON PLANNING Existing Visual Proposed Visual Proposed velux cabrio roof windows 3e 97
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Further Representation Further Representation From Statement of Observations from Planning Officer on Applicant’s Notice of Review Appendix 6 3f 99
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STATEMENT OF OBSERVATIONS Planning Application No. P/22/0281 Erection of two storey rear extension with associated alterations and the formation of a roof terrace 75 Kirk Street, Strathaven, ML10 6BA 1.0 Planning Background 1.1 A planning application was submitted for the erection of a two-storey rear extension to an existing detached dwellinghouse located within the Strathaven Conservation Area which included the formation of a roof terrace. Following due consideration of the proposals the planning application was refused by the Council under delegated powers on 14 February 2023. The report of handling sets out the decision and the reasons for refusal are listed in the decision notice. These documents are available elsewhere within the papers. 1.2 The application site is a detached 1.5 storey dwellinghouse located within an established residential area of Strathaven. The property is located on one of the busier streets in the town, the A71 Kirk Street, and whilst the majority of the surrounding properties are residential, there is a supermarket located immediately to the back of the site. The site is located within the designated Strathaven Conservation Area. 1.3 The application was advertised by means of neighbour notification, a newspaper advert, and the display of a site notice. No letters of representation have been received in connection with the proposal. 2.0 Assessment Against the Development Plan and Other Relevant Policies 2.1 Section 25 of the Town and Country Planning (Scotland) Act 1997, as amended, requires that an application for planning permission is determined in accordance with the development plan unless material considerations indicate otherwise. 2.2 In terms of the South Lanarkshire Local Development Plan 2 (SLLDP2) (adopted 2021), the following policies are applicable: • Policy 5: Development Management and Placemaking • Policy 14: Natural and Historic Environment • Policy DM2: House Extensions and Alterations • Policy NHE6: Conservation Areas 2.3 Following the consideration of this proposal National Planning Framework 4 (NPF4) (2023) has been adopted by the Scottish Government and this forms part of the development plan scheme. The relevant policies of NPF4 to this proposal are: • Policy 7: Historic Assets and Places • Policy 14: Design, Quality and Place • Policy 16: Quality Homes 3f 101
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2.4 The application site is designated as being within the Strathaven settlement boundary and within the Strathaven Conservation Area within the adopted South Lanarkshire Local Development Plan 2 2021 (SLLDP2). SLLDP2 Policy 5 - Development Management and Placemaking states that development proposals should take account of and be integrated within the local context and built form. Development proposals should have no significant adverse impacts on the local community and there should be no significant adverse impact on adjacent buildings in terms of layout, scale, massing, design, external materials, or amenity as well as no adverse implications for public safety. 2.5 Specific guidance on householder extensions is set out in SLLDP2 Policy DM2 – House Extensions and Alterations. This policy states that house extensions and alterations will be considered favourable where it can be demonstrated that they comply with a set criterion, including; that the siting, form, scale, design and materials respect the character of the existing dwelling and wider area with innovative design being encouraged where it complements the character of the building and its surroundings, that the size, scale or height does not dominate or overwhelm the existing building, neighbouring properties or streetscene, that it does not significantly adversely affect neighbouring properties in terms of overshadowing, loss of light or privacy, that it retains adequate parking, bin storage and useable garden ground and that it does not have an adverse impact upon traffic or public safety. 2.6 SLLDP2 Policy 14 – Natural and Historic Environment states that the Council will seek to protect important natural and historic sites and features. In designated Conservation Areas, development which would have a significant adverse impact following the implementation of mitigation measures will only be permitted where the effects are outweighed by significant social or economic benefits. This is further developed in SLLDP2 Policy NHE6 - Conservation Areas which advises that development within a Conservation Area or affecting its setting shall preserve or enhance its character and be consistent with any relevant Conservation Area appraisal or management plan that may have been prepared for the area. The design, materials, scale, and siting of any development shall be appropriate to the character of the Conservation Area and its setting. 2.7 The Strathaven Conservation Area Management Plan (CAMP) (2017) is also a consideration in the assessment of this application. Policy CAMP 1.1 – Development Principles seeks to ensure that the design and construction of any development within the Conservation Area will reconcile the new with the old so that the significance of the old is preserved and enhanced, and not diminished. There is a set criterion to be considered including; that the original historic building is the focus in any development scheme, with alterations and extensions informed by the existing character, that all alterations, extensions and new structures are well designed and of a quality commensurate with the historic buildings and character of the site, and that substantial alterations and additions may have a strong character of their own, while minor works should not draw attention to themselves and should be of high design quality and complement rather than mimic existing buildings. 2.8 NPF4 Policy 7 – Historic Assets and Places states that development proposals in Conservation Areas will only be supported where the character and appearance of the Conservation Area and its setting is preserved or enhanced. Relevant considerations include the architectural and historic character of the area, the existing density, built 102
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form and layout and the context and siting, quality of design and suitable materials. Development Proposals in Conservation Areas will ensure that existing features which contribute to the character of the area and its setting are retained. NPF4 Policy 14 – Design, Quality and Place states that design proposal will be designed to improve the quality of an area, and that proposal will only be supported where they are consistent with the six qualities of successful places: healthy, pleasant, connected, distinctive, sustainable, and adaptable. NPF4 Policy 16 – Quality Homes states that householder development proposal will be supported where they do not have a detrimental impact on the character or environmental quality of the home and surrounding area in terms of size, design, and materials and where they do not have a detrimental effect on neighbouring properties in terms of physical impact, overshadowing or overlooking. Householder development proposals that provide adaptations in response to risks from the changing climate, or relating to people with health conditions that lead to accommodation needs will be supported. 2.9 In assessment, the proposal is considered to have a significant adverse impact upon residential and visual amenity in the area, and upon the character of the Conservation Area. The proposed full-width extension is considered to dominate the existing house due to its excessive size and height in relation to the existing building. The roof requires to be raised in height to accommodate the proposed upper floor accommodation given its scale, and the extension is of a contrasting modern design when compared to the existing building. Whilst a contrasting design can be successful in certain circumstances, the site is located within a Conservation Area and the proposal’s design and scale would significantly adversely impact upon the visual amenity and overall character of the area. In addition, the full width roof terrace would be likely to allow for excessive overlooking over neighbouring private gardens, even with privacy screens. Whilst the extension is located to the rear it would be highly visually prominent from the street due to its size and modern design. In addition, the front elevation would be significantly altered with the increase in the height of the roof between the existing chimneys and the formation of new roof windows. The adverse impact upon the streetscape and overall character of the Conservation Area is considered to be significant. 2.10 Given the above, the proposal was therefore not deemed to be in accordance with Policies 5, 14, DM2 or NHE6 of the adopted South Lanarkshire Local Development Plan 2 due to its overall scale, design, impact upon privacy, impact upon residential amenity and due to its adverse impact upon the character of the Conservation Area. It was also considered in line with the relevant guidance contained within Strathaven Conservation Area Management Plan and with the proposed NPF4, which has since been adopted. It is considered that the proposal would also specifically not be in accordance with Policies 7, 14 or 16 of the National Planning Framework 4 (2023). 3.0 Observations on Applicants Notice of Review 3.1 The applicants have submitted a statement to support their review. The grounds are summarised below: (a) That the application was not given due consideration and a thorough review by the Planning Service due to the time taken to issue a decision, a lack of communication, late advertisement of the application, a perceived lack of site visit and the view that a non-applicable policy (NHE6) was referred to in the reasons for refusal. 103
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Response: It is considered that the application has been properly assessed by the Planning Service. Determination of the application was significantly delayed both by workload pressures and by attempts to seek amendments to the proposal to make it more acceptable in terms of its impact upon amenity and the character of the area. The site was visited as part of this application and the late advertisement was an unfortunate oversight as generally rear householder extensions do not need to be advertised as affecting the character of a Conservation Area, however the overall scale of this proposal and the increase in the height of the roof was such that such advertisement was required in this instance. Finally, Policy NHE6 – Conservation Areas is applicable to the assessment of an application located within a designated Conservation Area. (b) Policy NHE6 is not applicable to this application, therefore the proposal cannot be contrary to this policy. Response: South Lanarkshire Local Development Plan 2 (2021) Policy NHE6 – Conservation Areas is applicable to all developments proposed within a Conservation Area. The application site is located within the designated Strathaven Conservation Area and therefore this policy is applicable. It may be that the applicant/agent is referring to ‘Policy NHE6’ of the previous Local Development Plan, which does refer to a separate topic. (c) The proposal is for a high-quality extension to the rear of a house which is barely visible from the street and as such not really visible from the Conservation Area. The before and after visualisations show that the extension can barely be seen from the street. From the east you can see a small section of the dormer and from the west you can see the dormer and extension, in the same way that you can see the current dormer and conservatory. The visual impact is no different to what is existing. Response: The visualisations provided by the agent, whilst helpful, are taken from select angles and do not show the full extent of the impact of the proposed extension. It is considered that the rear extension would be reasonably prominent in the area due to its scale and contrasting design, and the increase in the height of the roof and alterations to the front elevation would be readily visible. High quality innovative design is certainly encouraged, but the size and scale of the proposal is important too, as is the impact upon neighbouring residents and, where applicable, the impact upon the character of the Conservation Area. (d) The ridge height of the roof needs to be raised due to the current headroom within the existing bedroom at first floor being non-compliant with building regulations. Raising the ridge by 5 inches is not going to be noticeable from the street. Response: It is understood that there are technical reasons behind the proposed increase in the roof height, however the planning application process is concerned with the impact of the development upon the amenity and character of the wider area. In this instance, the proposal is considered to dominate the existing house, in that it is effectively adding a two-storey extension onto a traditional 1.5 storey dwellinghouse. The increase in the height of the ridge would be noticeable and, together with the new roof windows to the front, there would be a significant change to the character of the building and to the wider Conservation Area. 104
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(e) Other 1.5 storey bungalows have been extended to the rear, including the neighbouring property which has a large, overpowering two storey extension with windows which overlook the applicant’s garden. Response: It is noted that the two immediate neighbouring properties have been extended, and these extensions are quite different in scale and design to that proposed in this application. The most recent alteration appears to be the granting of consent for a small upper floor balcony to the rear of the property at number 77, however it is noted that this is significantly smaller in size than the roof terrace that forms part of this application and that it can successfully incorporate screening due to its size and position in relation to neighbouring properties (EK/17/0372). The other applications on record for works to these properties are older and would have been considered against the applicable Local Development Plan policies and guidance in place at the time, as appropriate. It should be noted that consent was refused for the specific proposal, but not for the principle of a rear extension at this location. The Planning Service would be happy to further engage with the applicant/agent over proposals for this site. (f) The proposal seeks to rationalise the clumsy nature of the existing dormer/extension and conservatory massing on the house. The rear of the existing building is a miss-mash of styles added at various points. The proposal has sought to create a high-quality extension to an existing home using high-quality materials and a thorough, well connected design. At ground floor level it does not project any further into the rear garden than the existing conservatory does. Response: It is noted that the existing house has been altered by the erection of a conservatory, rear extension, and rear dormer. These are not of a size or scale that are visually prominent from the front of the property, or from the wider Conservation Area. The proposed extension is of a much larger scale, with the virtual full-width upper floor section and roof terrace making it effectively a two- storey dwelling in appearance, rather than 1.5 stories in height. Its size is such that it is also much more visually prominent. A smaller scale, single-story contemporary extension would be more likely to suitably integrate with the existing building, without adversely impacting upon the wider Conservation Area. (g) The roof terrace does not project further into the gardens than the adjacent properties before they were both extended. The terrace sits roughly in line with the ‘original’ rear wall of the adjacent properties. Therefore, it is believed that the privacy of the adjacent properties is not adversely affected. Response: The proposal would seek to construct an upper floor terrace across effectively the full width of the dwellinghouse, allowing for unobstructed views over the neighbouring properties gardens. Whilst some screening to the sides can be provided by screen barriers, there would be open views to most of the gardens, given the length of the terrace proposed. In urban residential areas a degree of mutual overlooking is commonplace and complete privacy is rarely possible, but the size and scale of the roof terrace is such that it would significantly affect the privacy of neighbouring residents. 105
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(h) The proposal would not lead to an ‘undesirable precedent’ due to its high- quality design. Response: Whilst each planning application is considered on its own merits against the relevant policies of the development plan, the granting of consent for one extension which did not comply with development plan policies and guidance would be likely to lead to further such proposals being submitted for consideration. The cumulative impact of several similar out of character extensions would further adversely impact upon the character of the Conservation Area. 4.0 Conclusions 4.1 In summary, the proposal does not accord with the provisions of the adopted Local Development Plan 2 relating to Policy NHE6, or with National Planning Framework 4 (NPF4) Policies 7, 14 or 16. In addition, there are no material considerations which outweigh the provisions of the development plan. It is therefore respectfully requested that the Review Body refuse planning permission for the proposal. 106
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Report Agenda Item Report to: Planning Local Review Body Date of Meeting: 7 August 2023 Report by: Executive Director (Finance and Corporate Resources) Subject: Review of Case – Application P/23/0156 for Erection of New Roof with Increased Ridge Height to Facilitate Second Floor of Accommodation, Installation of Front and Rear Dormers and Erection of Balcony 1. Purpose of Report 1.1. The purpose of the report is to present the information currently available to allow a review of the decision taken by officers, in terms of the Scheme of Delegation, on the following application:- [purpose] 1.2. Summary Application Information Application Type: Detailed Planning Application Applicant: J Peeka Proposal: Erection of new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony Location: Sion, 47 Burnblea Street, Hamilton, ML3 6RF Council Area/Ward: 19 Hamilton South 1.3. Reason for Requesting Review X Refusal of Application Conditions imposed Failure to give decision (deemed refusal) [1purpose] 2. Recommendation(s) 2.1. The Planning Local Review Body is asked to:- [recs] (1) consider whether it has sufficient information to allow it to proceed to determine the review without further procedure and, if so, that:- (a) it proceeds to determine whether the decision taken in respect of the application under review should be upheld, reversed or varied (b) in the event that the decision is reversed or varied, the reasons and the detailed conditions to be attached to the decision letter are agreed (2) in the event that further procedure is required to allow it to determine the review, consider:- (a) what further information is required, which parties are to be asked to provide the information and the date by which this is to be provided (b) what procedure or combination of procedures are to be followed in determining the review [1recs] 4 107
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3. Background 3.1. The Council operates a Scheme of Delegation that enables Council officers to determine a range of planning applications without the need for them to be referred to Area Committees or the Planning Committee for a decision. 3.2. In terms of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc (Scotland) Act 2006, and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, where an application for planning permission relates to a proposal that falls within the category of “local development” and has been or could have been determined under the Scheme of Delegation, the applicant is entitled to request that the determination be reviewed by the Planning Local Review Body. 4. Notice of Review – Statement of Reasons for Requiring the Review 4.1. In submitting their Notice of Review, the applicant has stated their reasons for requiring a review of the determination in respect of their application. (Refer Appendix 5) 4.2. The applicant is entitled to state a preference for procedure (or combination of procedures) to be followed and has indicated that their stated preference is as follows:- Further written submissions X Site inspection Hearing session(s) Assessment of review documents only, with no further procedure 4.3. However, members will be aware that it is for the Planning Local Review Body to determine how a case is reviewed. 5. Information Available to Allow Review of Application 5.1. Section 43B of the Planning etc (Scotland) Act 2006 restricts the ability of parties to introduce new material at the review stage. The focus of the review should, therefore, be on the material which was before the officer who dealt with the application under the Scheme of Delegation. 5.2. The following information is appended to this report to assist the Planning Local Review Body in its review of the decision taken by officers:- Planning Application Form (Appendix 1) Report of Handling by the Planning Officer under the Scheme of Delegation (Appendix 2(a)) Copies of representations (Appendix 2(b)) Site photographs and location plan (Appendix 3) Decision notice (Appendix 4) Notice of Review including statement of reasons for requiring the review (Appendix 5) 5.3. Copies of the relevant drawings are available for inspection by contacting Administration and Legal Services prior to the meeting. 108
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6. Notice of Review Consultation Process 6.1. 1 further representation was received, a Statement of Observations from the Planning Officer on the applicant’s Notice of Review, in the course of the 14 day period from the date on which notification of the request for a review of the case was given. This is attached as Appendix 6. 6.2 The applicant had the opportunity to comment on the further representation received. Comments from the applicant are contained in the submission attached as Appendix 7. Paul Manning Executive Director (Finance and Corporate Resources) 28 July 2023 Link(s) to Council Values/Priorities/Outcomes We will work towards a sustainable future in sustainable places Good quality, suitable and sustainable places to live Thriving business, fair jobs and vibrant town centres Caring, connected, sustainable communities Accountable, effective, efficient and transparent Previous References None List of Background Papers Guide to the Planning Local Review Body Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Stuart McLeod, Administration Officer Ext: 4815 (Tel: 01698 454 815 / 07385 370 117) E-mail: stuart.mcleod@southlanarkshire.gov.uk 109
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Planning Application Form Appendix 1 4a 111
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Planning proposal: Erection of new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony. Location: Sion 47 Burnblea Street Hamilton South Lanarkshire ML3 6RF Application Type: Detailed planning application Applicant: Mr. Joseph Peeka Location: Sion 47 Burnblea Street Hamilton South Lanarkshire ML3 6RF Decision: Other action/notes: Application refused None Report by: Area Manager (Planning & Building Standards) Policy reference: National Planning Framework 4 (adopted 2023) NPF4: Policy 1 Tackling the climate and nature crises NPF4: Policy 2 Climate mitigation and adaptation NPF4: Policy 16 Quality homes South Lanarkshire Local Development Plan 2 (adopted 2021) SLDP2: Policy 2 Climate change SLDP2: Policy 3 General Urban Areas and Settlements SLDP2: Policy 5 Development Management and Placemaking SLDP2: Policy DM2 House Extensions and Alterations Assessment Impact on privacy? No Impact on sunlight/daylight? No Impact on amenity? No Traffic issues? No Adheres to development plan policy? Yes Adverse comments from consultees? No Reference no. P/23/0156 Delegated Report Date 4b 123
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Consultations Summary of response None Representation(s): ► 2 Objection letters ► 0 Support letters ► 0 Comment letters 124
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Planning Application Delegated Report 1 Application Summary 1.1 The applicant seeks detailed planning consent for the erection of new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony at Sion, Hamilton. The application site is located within an established residential area. 1.2 The existing house appears to be the result of historic back land development that shares a boundary with 7 other properties (with 6 of those boundaries being rear gardens). The property is over two levels and the proposal has the potential to raise significant privacy and overlooking issues. 1.3 The relevant policies to be considered in this assessment for this application are Policy 16g of the National Planning Framework and policy DM2 of the adopted South Lanarkshire Local Development Plan. 1.4 Policy 16g of National Planning Framework 4 advises that householder development proposals will be supported where they; i) Do not have a detrimental impact on the character or environmental quality of the home and the surrounding area in terms of size, design and materials; and ii) Do not have a detrimental effect on the neighbouring properties in terms of physical impact, overshadowing or overlooking. 1.5 Policy DM2 – Housing Extensions and Alterations states: - the siting, form, scale, design and materials respect the character of the existing dwelling and the wider area. Within this context, high quality, innovative design will be encouraged where it complements the character of the building and its surroundings. - It does not dominate or overwhelm the existing dwelling, neighbouring properties or streetscene in terms of size, scale or height. - It does not significantly adversely affect adjacent properties in terms of overlooking or loss of privacy, daylight or sunlight. - It retains adequate car parking, usable garden ground and bin storage within the site. - It does not have an adverse impact on traffic or public safety. 2 Representation(s) 2.1 Statutory neighbour notification was carried out in respect of this proposal, following which two letters of objection were received. The grounds of objection can be summarised as follows: (a) The new house bedroom windows will look directly into my flat and I am not happy about that. Reason: The distance of the applicants’ windows is over the 18 metre threshold from window to window from 5 & 7 Novar Street. Although, with the proposed extension, the dormer windows will be sited on a high vantage point that will have clear visibility into all gardens of the properties situated on Burnblea Street. This will result in a clear overlooking and privacy issue and will have a detrimental effect on the privacy of all neighbouring properties. 125
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(b) My flat is directly behind this house and so is my garden, the height and size will affect my view from my window and will block sunlight into my garden. Reason: The applicants property is located to the rear of 5 Novar Street. The proposed roof extension will block the neighbouring properties enjoyment of their property by limiting views and believe that the increased roof extension will block natural sunlight into the objector’s garden. (c) As someone who regularly works from home, I have a concern about the noise aspect and the general disruption of this potential project and how it could affect the area, especially with the length of time it would likely take for it to be completed. Reason: The siting of the applicants property is to the rear of 51, 49 and 45 Burnblea Street, 84 and 86 Alness Street, 3, 5, 7, 9, and 11 Novar Street. Whilst it is anticipated that noise and general disruption is inevitable during a development, the siting of the applicants property will generally mean the development will be more disruptive to neighbouring properties than usually anticipated. 3 Assessment and Conclusions 3.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the South Lanarkshire Local Development Plan 2 (adopted 9th April 2021) and National Planning Framework 4 (adopted on 13th February 2023). Section 24(3) of the 1997 Act confirms that if there is an inconsistency between NPF4 policies and a Local Development Plan which was adopted before the 13th February 2023, then the policies in NPF4 prevail. 3.2 Following a detailed assessment of the proposal, it is considered that this application would not comply with relevant policies from either the South Lanarkshire Local Development Plan or the National Planning Framework 4 as it would result in a detrimental effect on the neighbouring properties in terms of physical impact and overlooking. In this respect, the proposed erection of the new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony all combines to result in a considerable increase in overlooking and privacy issues to the rear of surrounding properties, particularly those to the North and West. In addition, the high-pitched roof design is not in keeping with the surrounding area in terms of size or design. The resulting addition would not complement the existing streetscape and competes in scale to an unsatisfactory degree with the original dwelling. 3.3 Two objections were received in connection with this application and no formal consultations were required to be undertaken in this instance given the application type. 3.4 Given the above, it is considered that the proposal will have a significant adverse impact upon amenity and that it does not comply with the relevant national or local development plan policies and guidance. Therefore, it is believed that the refusal of planning consent is justified in this instance. 4 Reason for decision 4.1 The proposal is contrary to Policies 1, 2, and 16 of the National Planning Framework 4 (adopted 2023) and Policies 2, 3, 5 and DM2 of the Local Development Plan 2 (adopted 2021) as it will result in a detrimental impact upon amenity as a result of overlooking and visual impact. There are no other material considerations which would outweigh the proposals variance with the development plan. 126
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Delegating officer: David Russell Date: 03/04/2023 Previous references None List of background papers ► Application Form ► Application Plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated ► Consultations None ► Representations Mrs. Gail Webster, 5 Novar Street, Hamilton, ML3 6TG. Dated: 26.02.2023 26.02.2023 Mr. Dylan Webster, 7 Novar Street, Hamilton, ML3 6TG. Dated: 25.02.2023 25.02.2023 Contact for further information: If you would like to inspect the background papers or want further information, please contact: Graham Fyfe, Planning officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 077551839094 Email: graham.fyfe@southlanarkshire.gov.uk 127
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Planning Application Application number: P/23/0156 Conditions and reasons 01. The proposed extension does not conform to the scale, design or character of the original building on the site or the surrounding built form and would therefore be detrimental to the amenity of the area in general. 02. If approved, the proposal would result in a loss of privacy and would adversely affect the amenity of adjacent properties. 03. If approved, the proposal would result in direct overlooking of private garden ground and would adversely affect the amenity of adjacent properties. Reason(s) for decision The applicant seeks detailed planning consent for the erection of new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony. After a thorough assessment of the proposal and all associated plans and documents, it is considered that the proposal raises significant concerns in terms of its size, design, and has various issues relating to privacy and overlooking of neighbouring properties. Informatives 01. This decision relates to drawing numbers: Reference Version No: Plan Status FLOOR PLAN AS EXISTING 40(AL)300A Refused GROUND FLOOR PLAN AS PROPOSED 40(AL)300C Refused FIRST FLOOR PLAN AS PROPOSED 40(AL)311D Refused SECTION A-A AS EXISTING 40(AL)400A Refused SECTIONS AS PROPOSED 40(AL)410B Refused ELEVATIONS AS EXISTING 40(AL)500A Refused ELEVATIONS AS PROPOSED 1 of 2 40(AL)510C Refused ELEVATIONS AS PROPOSED 2 of 2 40(AL)511C Refused 128
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Representations Representation From Gail Webster, by email Dylan Webster, by email Appendix 2(b) 4c 129
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Comments for Planning Application P/23/0156 Application Summary Application Number: P/23/0156 Address: Sion 47 Burnblea Street Hamilton South Lanarkshire ML3 6RF Proposal: Erection of new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony. Case Officer: Graham Fyfe Customer Details Name: Mrs Gail Webster Address: 5 Novar Street, hamilton Hamilton Comment Details Commenter Type: Neighbour Stance: Customer objects to the Planning Application Comment Reasons: Comment:My flat is directly behind this house and so is my garden, as the height and size capacity of the plan has not been included I know that it will affect my view from windows if it is too high. The new house bedroom windows will look directly into my flat which I am definitely not happy about and will block sunlight in my garden. honestly don't know why the neighbours right next door to them are allowing this to happen as the are almost on top of each other as it is. I will be very unhappy if this plan is approved.Mrs Gail Webster. 4c 131
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Comments for Planning Application P/23/0156 Application Summary Application Number: P/23/0156 Address: Sion 47 Burnblea Street Hamilton South Lanarkshire ML3 6RF Proposal: Erection of new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony. Case Officer: Graham Fyfe Customer Details Name: Mr Dylan Webster Address: 7 Novar Street Hamilton Comment Details Commenter Type: Neighbour Stance: Customer objects to the Planning Application Comment Reasons: Comment:Not an outright objection but I certainly would like to find out more information about this, we have no idea how high this new roof will actually be and how it will affect the homes behind or in front of the property in a variety of ways. Also being someone that works from home regularly, I have a slight concern about the noise aspect and general disruption of this potential project and how it could affect the area, especially with the length of time it would likely take for it to be completed. Thanks. 4c 133
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Site photographs and location plan Appendix 3 4d 135
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Photo 1 Looking north to south standing at the driveway 4d 137
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Photo 2 Rear of property (looking south to north) 138
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Photo 3 Rear of property looking north-west 139
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Photo 4 Rear Garden looking west to east 140
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Photo 5 Rear Garden looking north to South 141
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Photo 6 Front of house looking from driveway 142
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Photo 1 4d 143
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Planning Decision Notice and Reasons for Refusal Appendix 4 4e 145
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Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Email graham.fyfe@southlanarkshire.gov.uk Phone: 077551839094 Community And Enterprise Resources Executive Director David Booth Planning And Regulatory Services Sam Smithers Archi-House(Scotland)Ltd 9 Woodside Avenue Bridge Of Weir PA11 3PQ Our Ref: P/23/0156 Your Ref: If calling ask for: Graham Fyfe Date: 6 April 2023 Dear Sir/Madam Proposal: Erection of new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony. Site address: Sion, 47 Burnblea Street, Hamilton, ML3 6RF, Application no: P/23/0156 I would advise you that the above application was refused by the Council and I enclose the decision notice which sets out the reasons for refusal. Please note that the Council does not issue paper plans with the decision notice. The application is refused in accordance with the plans and any other documentation listed in the reasons for refusal imposed on the accompanying decision notice and which can be viewed using the Council’s online planning application search at https://publicaccess.southlanarkshire.gov.uk/online-applications/ If you consider that you can overcome the reasons for refusal and that it is not the principle of the development that is unacceptable, you may submit an amended application. If you do amend your proposals and re-apply within one year of this refusal, then you will not have to pay a fee, provided the proposal is of the same character or description as the application which has just been refused. As your application has been refused, you may appeal against the decision within 3 months of the date of the decision notice. The attached notes explain how you may appeal. Should you have any enquiries relating to the refusal of your application or a potential amended submission, please contact Graham Fyfe on 077551839094 Yours faithfully Head of Planning and Regulatory Services Enc: 4e 147
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Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006 To: Mr Joseph Peeka NA Per: Sam Smithers Sion, 47 Burnblea Street, Hamilton, ML3 6RF, 9 Woodside Avenue, Bridge Of Weir, PA11 3PQ, With reference to your application received on 09.02.2023 for planning permission under the above mentioned Act: Description of proposed development: Erection of new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony. Site location: Sion, 47 Burnblea Street, Hamilton, ML3 6RF, SOUTH LANARKSHIRE COUNCIL in exercise of their powers under the above mentioned Act hereby: REFUSE PLANNING PERMISSION for the above development in accordance with the plan(s) specified in this decision notice and the particulars given in the application, for the reason(s) listed overleaf in the paper apart. Date: 6th April 2023 Head of Planning and Regulatory Services This permission does not grant any consent for the development that may be required under other legislation, e.g. Building Warrant or Roads Construction Consent. South Lanarkshire Council Community and Enterprise Resources Planning and Regulatory Services Application no. P/23/0156 148
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South Lanarkshire Council Refuse planning permission Paper apart - Application number: P/23/0156 Reason(s) for refusal: Reason(s) for decision The proposal is contrary to Policies 1, 2, and 16 of the National Planning Framework 4 (adopted 2023) and Policies 2, 3, 5 and DM2 of the Local Development Plan 2 (adopted 2021) as it will result in a detrimental impact upon amenity as a result of overlooking and visual impact. There are no other material considerations which would outweigh the proposals variance with the development plan. 149
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Notes to applicant Application number: P/23/0156 Important The following notes do not form a statutory part of this decision notice. However, it is recommended that you study them closely as they contain other relevant information. 01. This decision relates to drawing numbers: Reference Version No: Plan Status FLOOR PLAN AS EXISTING 40(AL)300A Refused GROUND FLOOR PLAN AS PROPOSED 40(AL)300C Refused FIRST FLOOR PLAN AS PROPOSED 40(AL)311D Refused SECTION A-A AS EXISTING 40(AL)400A Refused SECTIONS AS PROPOSED 40(AL)410B Refused ELEVATIONS AS EXISTING 40(AL)500A Refused ELEVATIONS AS PROPOSED 1 OF 2 40(AL)510C Refused ELEVATIONS AS PROPOSED 2 OF 2 40(AL)511C Refused 150
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COMMUNITY AND ENTERPRISE RESOURCES Executive Director David Booth Planning and Economic Development Important notes Town and Country Planning (Scotland) Act 1997 1. Compliance with conditions Under the provisions of the Town and Country Planning (Scotland) Act 1997 (Section 145), failure to comply with any condition(s) imposed on any planning permission may result in the service by the Council of a “Breach of Condition Notice” requiring compliance with the said condition(s). There is no right of appeal against such a Notice and failure to comply with the terms of the Notice within the specified time limit will constitute a summary offence, liable on summary conviction to a fine not exceeding £1000. 2. Procedure for appeal to the planning authority (a) If the applicant is aggrieved by the decision of the planning authority to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997, within three months from the date of this notice. The notice of review should be addressed to: Executive Director (Corporate Resources) Council Headquarters Almada Street Hamilton ML3 0AA To obtain the appropriate forms: Administrative Services at the above address. Telephone: 01698 454108 E-mail: pauline.macrae@southlanarkshire.gov.uk (b) If permission to develop land is refused or granted subject to conditions, whether by the planning authority or by the Scottish Ministers, 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 incapable 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 requiring the purchase of his interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 151
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Notice of Review (including Statement of Reasons for Requiring the Review) submitted by applicant J Peeka Appendix 5 4f 153
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STATEMENT IN SUPPORT OF REQUEST TO REVIEW THE REFUSAL BY SOUTH LANARKSHIRE COUNCIL OF PLANNING APPLICATION REFERENCE P/23/0156 4f 161
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STATEMENT IN SUPPORT OF REQUEST TO REVIEW THE REFUSAL BY SOUTH LANARKSHIRE COUNCIL OF PLANNING APPLICATION REFERENCE P/23/0156 3 Abbotts Court Dullatur G68 0AP Tel: 07720 700210 E-mail: andrew@andrewbennieplanning.com May 2023 COPYRIGHT The contents of this report must not be reproduced in whole or in part without the formal written approval of Andrew Bennie Planning Limited. 162
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CONTENTS 1.0 Introduction 2.0 Proposals Subject to Review 3.0 Reasons for Requesting Review 4.0 Review Procedure 5.0 Grounds of Review 6.0 Summary Appendix 1: Notice of Review Form (submitted via eplanning) Appendix 2: Schedule of Documents Appendix 3: Review Documents (submitted via eplanning) 163
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1.0 INTRODUCTION 1.1 This Statement has been prepared by Andrew Bennie Planning Limited on behalf of Mr Joseph Peeka in support of his request that the Planning Authority, under the provisions of Section 43A(8) of the Town and Country Planning (Scotland) Act 1997 Review the decision of the Appointed Person to refuse planning permission in respect of planning application reference P/23/0156. 1.2 This Statement should be read in conjunction with the matters set out within the completed Notice of Review Form. 164
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2.0 PROPOSALS SUBJECT TO REVIEW 2.1 Under the terms of the planning application which forms the basis of this Request to Review, full planning permission was sought for the erection of a new roof with increased ridge height to facilitate the creation of a second floor of accommodation, including the installation of front and rear dormers and the erection of a balcony on the north facing (front) elevation of the property known as “Sion”, 47 Burnblea Street, Hamilton. 2.2 The proposed works to the roof of the existing property would allow for the creation of two additional bedrooms (to meet the needs of the Applicant’s family) and a shower room. 2.3 Externally the gable wells of the extended property would be finished in a dry dashed render to match the existing dwelling house, with the faces and checks of the two dormer windows being finished in timber effect cladding. 2.4 The new roof of the property and the roofs of the two dormer windows would be finished in grey concrete roof tiles. 2.5 Full details of the proposed development are provided on those plans which form part of the overall submission in support of this Request to Review. 165
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3.0 REASONS FOR REQUESTING THE REVIEW 3.1 On the basis of the Grounds of Review, which are set out within Section 5.0 of this Statement, it is submitted that the Appointed Person has failed to provide sufficient reason to reasonably justify the refusal of this planning application when considered against the relevant provisions of the development plan. 3.2 It is submitted that the application proposals can be both fully and reasonably justified against the relevant provisions of the development plan. 3.3 Consequently, this Review is put forward on the basis of the unreasonable and unjustifiable grounds for the refusal of the planning application in question. 166
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4.0 REVIEW PROCEDURE 4.1 In addition to consideration of those matters, which are set out within the Notice of Review Form and this Statement, it is requested that the Local Review Body also carry out an inspection of the Site prior to their consideration and determination of this Review. 167
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5.0 GROUNDS OF REVIEW 5.1 The application which forms the basis of this Request to Review was refused planning permission by Notice dated 6th April 2023, with the stated reason for the refusal of the application being as follows: “The proposal is contrary to Policies 1, 2, and 16 of the National Planning Framework 4 (adopted 2023) and Policies 2, 3, 5 and DM2 of the Local Development Plan 2 (adopted 2021) as it will result in a detrimental impact upon amenity as a result of overlooking and visual impact. There are no other material considerations which would outweigh the proposals variance with the development plan.” 5.2 A full copy of the Decision Notice on this application is provided within the list of documents lodged in support of this Request to Review. 5.3 The Appellants response to this stated reason for the refusal of this application is set out below. 5.4 Dealing first of all with the provisions of Policies 1 & 2 of National Planning Framework 4 (NPF 4), attention is drawn to the matters set out within paragraph 1.3 of the Report of Handling (RoH) where it is stated that: “The relevant policies to be considered in this assessment for this application are Policy 16g of the National Planning Framework and policy DM2 of the adopted South Lanarkshire Local Development Plan.” 5.5 From this statement, it is clear that Policies 1 & 2 of NPF 4 are not considered to be of relevance to the consideration of the application, with it being further noted that neither of these Policies are subject to any form of assessment within the RoH. 5.6 Despite the absence of any form of assessment of these two policies, said policies are referred to within paragraph 4.1 of the RoH where it is simply stated, amongst other things, that the proposed development is contrary to these two policies. 168
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5.7 In the absence of any form of proper assessment within the RoH, it is submitted that it is wholly unreasonable and unjustifiable for these two policies to be cited within the terms of the reason for the refusal of this application. 5.8 This notwithstanding, when consideration is given to the terms of these two policies, it is both clear and self-evident that they are of no significant material relevance to the determination of this application. 5.9 Policy 1: Tackling the climate and nature crisis, advises that: “When considering all development proposals significant weight will be given to the global climate and nature crises.” 5.10 The proposed development, given its nature and scale will have no adverse impact upon the global climate and nature crisis and to this extent does not conflict with the aims and objectives of this policy. Indeed, in light of the fact that the proposed development will allow the applicant to make maximum beneficial use of his property in a manner that best addresses the needs of his family, it could be argued that the proposals would actually help address the climate crisis. 5.11 It is also worth noting that any alternative means of extending the property to meet the requirements of the applicant’s family would involve extending the overall footprint of the property which would in turn increase the volume of rainwater run-off that requires to be dealt with. 5.12 Increasing the square footage of the property by going upwards, as proposed in this case, does not increase the level of hard surfaces (such as roofs) that need to be drained and as such represents, in climate impact terms, the most environmentally sensitive way in which to provide the property with the additional accommodation required and as such is considered to be in accord with the terms of Policy 1. 5.13 Policy 2: Climate mitigation and adaption, advises that: “a) Development proposals will be sited and designed to minimise lifecycle greenhouse gas emissions as far as possible. b) Development proposals will be sited and designed to adapt to current and future risks from climate change. 169
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c) Development proposals to retrofit measures to existing developments that reduce emissions or support adaptation to climate change will be supported.” 5.14 None of the various stands of this policy, if applied fairly and reasonably, would carry an automatic presumption against the proposed development, with it being considered that given the resource minimisation aspects of the proposed development, it could be argued that the proposals enjoy direct support from the terms of this policy. 5.15 In terms of Policy 16, the RoH cites part (g) as being the salient aspect of the policy as regards the assessment of the application. 5.16 Part (g) of the Policy advises that: “g) Householder development proposals will be supported where they: i. do not have a detrimental impact on the character or environmental quality of the home and the surrounding area in terms of size, design and materials; and ii. do not have a detrimental effect on the neighbouring properties in terms of physical impact, overshadowing or overlooking.” 5.17 In considering part (g)(i) of the policy, it is important to understand and appreciate that the original property on the application site has been extended on a number of occasions in the past, with the result being that the dwelling house as it now stands lacks any clear architectural identity or character. 5.18 As a consequence of this, whilst it is acknowledged that the proposed works will result in a change to the nature of the roof on the main part of the property, in the round, this change is not considered to be sufficient to justify any suggestion that the works will detrimentally impact on the character or environmental quality of the home. 5.19 In short, just because the appearance of the home is altered, this does not, in and of itself, mean that the change to the appearance of the home is detrimental. 5.20 It should also be note that the external finishes of the proposed roof alterations will be finished in materials to match those on the existing dwelling house, which will assist in ensuring that the works are successfully “blended into” the existing dwelling house. 5.22 With regards to part (g)(ii), it is submitted that whilst the height of the main part of the property will be increased, given the separation distance which lies between this part of the property and the existing properties to the north, which lie at a distance of over 25m, the 170
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proposed development will have little if any physical impact on these properties and will not result in any degree of overshadowing. 5.23 In terms of overlooking, the properties on Burnblea Street will not be adversely impacted by the proposed development given the separation distance of over 25m between the respective properties. 5.24 With regards to the property number 86 Alness Street, the new windows at the proposed upper level face this property at an oblique angle which significantly reduces any potential for direct overlooking, with it also being of relevance to note that the upper floor windows within said property directly overlook the application site. 5.25 With regards to the properties on Novar Street, it is of significant relevance to note that neither of the two windows on the proposed south facing dormer serve habitable room, one being within shower room (and features frosted glass) and the other being within a hallway. 5.26 On this basis, these two windows do not give rise to the potential for any overlooking concerns. 5.27 In terms of overshadowing, as the properties on Novar Street lie at a higher level than the application site, it is simply not possible for the proposed works to overshadow said properties, also noting that as the application site lies to the north of Novar Street, the proposed works will not have any impact upon the level of sunlight enjoyed by these properties. 5.28 In view of the matters set out above, it is submitted that in terms of the assessment of the proposed development against the terms of NPF 4, the provisions of Policies 1 and 2 are not of direct material relevance to the assessment, and in any event have not been the subject of any consideration within the terms of the RoH, and in terms of Policy 16 part (g) the proposed development can be fully and reasonably justified. 5.29 Turning now to the provisions of the adopted Local Development Plan, the stated reason for refusal of this planning application indicates that the proposed development is contrary to Policies 2, 3, 5 and DM2 of the Plan. 5.30 Policy 2: Climate Change states that: “In order to fulfil the plan's overall strategic vision, as defined in paragraph 3.2, and to meet Scottish Government targets relating to climate change and the reduction of greenhouse 171
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gases, any new development proposals should seek to minimise and mitigate against such effects by ensuring that they; 1. are sustainably located; 2. where appropriate involve the reuse of vacant and derelict land; 3. utilise renewable energy sources; 4. incorporate low and zero carbon energy generating technologies at an early design stage, and therefore reduce predicted carbon dioxide emissions in line with current building standards; 5. avoid areas of medium to high flood risk; 6. protect ecosystem services by ensuring no significant adverse impacts on the water and soil environment, air quality, biodiversity and blue/green networks, have no adverse effect on the integrity of any Natura 2000 sites and identify opportunities for enhancement of the natural heritage; 7. include opportunities for active travel routes and provide for trips by public transport; 8. include opportunities for the creation and enhancement of green infrastructure; 9. include opportunities for the greening of vacant and derelict land; 10. provide electric vehicle recharging infrastructure to encourage greater use of low carbon vehicles; 11. minimise waste through the provision of appropriate recycling, storage and collection points within developments; 12. where appropriate, development proposals should ensure that they can be connected to heat networks, including district heating, which may be developed in the future; and 13. avoid or minimise disturbance of carbon-rich soils and, where appropriate, include provision for restoration of damaged peatlands. Where an applicant is able to demonstrate that a proposal has significant technical constraints in the use of low and zero-carbon generating technologies other solutions will be considered. Development proposals must also accord with other relevant policies and proposals in the development plan. Refer to Appendix 1 for relevant Volume 2 policies and additional guidance.” 5.31 As was the case with Policy 1 of NPF 4, the matters covered by Policy 2 of the LDP are not of material relevance to the consideration and assessment of this application and as such it is submitted that it is unreasonable for this policy to be cited as a reason for the refusal of the application. 172
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5.32 Policy 3: General Urban Areas and Settlements states that: “Within the urban areas and settlements identified on the proposals map, residential developments on appropriate sites will generally be acceptable. Proposals for uses that are ancillary to residential areas will be assessed on their individual merits, with particular regard to their affect on the amenity and character of the area. Particular consideration will be given to likely impacts on the amenity of the area. This will include locally important greenspace, local services and facilities, proposed servicing, parking arrangements and access. Developments which would be detrimental to the amenity of residents and the wider community or to the character of the surrounding area will not be permitted. This particularly applies to 'bad neighbour' uses which can affect neighbours by virtue of visual impact, noise, smell, air pollution, disturbance, traffic or public safety. Development proposals must also accord with other relevant policies and proposals in the development plan. Refer to Appendix 1 for relevant Volume 2 policies and additional guidance.” 5.33 It is clear from the way it is worded that this policy is intended to provide the basis against which new build residential and appropriate ancillary use developments within the established urban areas are to be assessed and that it is not intended to form the basis for the assessment of “house holder” applications for domestic extensions such as that proposed under this application. 5.34 As such, and as is the case for Policy 2, the matters covered by Policy 3 of the LDP are not of material relevance to the consideration and assessment of this application and as such it is submitted that it is unreasonable for this policy to be cited as a reason for the refusal of the application. 5.35 Policy 5: Development Management and Placemaking states that: “In order to ensure that development takes account of the principles of sustainable development, all proposals require to be well designed and integrated with the local area. Proposals should have no unacceptable significant adverse impacts on the local community and the environment. Where appropriate, proposals should include measures to enhance the 173
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environment and address the six qualities of placemaking. Further detail is included in supporting planning guidance on Design and Placemaking. When assessing development proposals, the Council will ensure that, where appropriate; 1. there is no unacceptable significant adverse impact on adjacent buildings or streetscape in terms of layout, scale, massing, design, external materials or amenity; 2. the development shall not have an unacceptable significant adverse impact on the amenity of any nearby residential properties in terms of overshadowing, overlooking or other loss of residential amenity as a result of light, noise, odours, dust or particulates or other emissions; 3. the proposed development provides suitable access, parking and connection to public transport, encourages active travel, has no adverse implications for public safety and incorporates inclusive access for all people, regardless of disability, age or gender; 4. sustainability issues are addressed through carbon reduction measures and energy efficient design, layout, site orientation and building practices, including provision for heat network infrastructure and safeguarding space for future pipework/piperuns and energy centres; 5. risks to new development from unstable land resulting from past mining activities are fully assessed and, where necessary, mitigated prior to development; 6. the development will have no unacceptable significant impact on the natural or historic environment and no adverse effect on the integrity of any Natura 2000 sites; 7. the development does not result in, or can mitigate against, any unacceptable significant adverse impact on quiet areas, the water environment, air quality or soil quality; 8. the proposal includes appropriate: • utility and road infrastructure • open space, green infrastructure and landscape provision • water management (including foul drainage) and Sustainable Drainage Systems (SuDS) including the provision of SuDS during the construction of the development. Development proposals must also accord with other relevant policies and proposals in the development plan. Refer to Appendix 1 for relevant Volume 2 policies and additional guidance.” 5.36 From the way it is worded, it is evident that Policy 5 recognises that not all the defined assessment criterion will be applicable to the assessment of all applications. 174
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5.37 Of the list of 8 criteria, it is considered that only criteria 1 and 2 are appropriate and applicable to the assessment of this application. 5.38 Criteria 1 requires that developments have “no unacceptable significant adverse impact on adjacent buildings or streetscape in terms of layout, scale, massing, design, external materials or amenity”. 5.39 Given the back land nature of the application site, it is considered that the proposed development cannot have any impact, adverse or otherwise, upon the surrounding streetscape, this being on the simple basis that the dwelling house on the site does not form part of any streetscape. 5.40 In terms of this criterion therefore, the acceptability of the proposals requires to assessed in terms of their impact on adjacent buildings in terms of layout, scale, massing, design, external materials or amenity. 5.41 Dealing with each of these specified matters in turn, the following comments are made. 5.42 With regards to layout, as the proposed development is wholly contained within the footprint of the existing property, it is considered that it has no impact upon the wider area in relation to this consideration. 5.43 In terms of its scale, when considered within the context of the existing dwelling house, it is considered that the addition of two modestly sized bedroom within the heightened roof structure is not out of scale in terms of its impact on the existing dwelling house and would not result in the “extended” dwelling house being of a scale which would be out of keeping with the general scale of the dwelling houses which bound onto the site. 5.44 In terms of massing, it is considered that within the context of the existing dwelling house, the massing if the proposed dormers/roof heightening are appropriate and acceptable. 5.45 The design of the proposed alterations to the property must of, necessity, be viewed within the context of the design of the dwelling house as it stands at present. 5.46 Due to the way it has developed over the years the existing dwelling house, other than in its use of a common palette of external finishing materials, lacks any significant degree of design cohesion with the result being that there are no overriding design principles which require to be followed in terms of the proposed works. 175
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5.47 As a direct consequence of the shallow roof pitch of the existing dwelling house, the proposed upper floor level can only be created by lifting the roof of the property to allow for the required headroom to be created. 5.48 Creating the required accommodation on either of the existing floor levels of the property is not feasible due to the internal configuration of the property and as such there is no alternative but to extend the property upwards. 5.49 Whilst it is accepted that the proposed works significantly alter the appearance of the property, when viewed within the context of the surrounding built form, and in particular the property which lies to the immediate east side of the application site, it is not considered that the design of the proposed alterations to the property raise any issues of significant concern. 5.50 In terms of the external finishes proposed, these will all match those used on the existing property and to this end are appropriate and acceptable. 5.51 For the various reasons set out above, it is submitted that the proposed development will have no adverse impact in terms of its effect on the surrounding area. 5.52 Criterion 2 requires that development “shall not have an unacceptable significant adverse impact on the amenity of any nearby residential properties in terms of overshadowing, overlooking or other loss of residential amenity as a result of light, noise, odours, dust or particulates or other emissions”. 5.53 The various issues have been addressed above and to avoid unnecessary repetition, other than to highlight that it has been demonstrated that the proposed development will have no adverse impacts when considered against these issues, our position in respect thereof is not repeated here. 5.54 Considering the above, it is submitted that the proposed development can be fully and reasonably justified against the requirements of Policy 5 of the LDP. 5.55 Policy DM2: House Extensions and Alterations of the LDP states that: “House extensions and alterations will be considered favourably where it can be demonstrated that the proposal complies with the following criteria: 176
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1. The siting, form, scale, design and materials respect the character of the existing dwelling and the wider area. Within this context, high quality, innovative design will be encouraged where it complements the character of the building and its surroundings. 2. It does not dominate or overwhelm the existing dwelling, neighbouring properties or streetscene in terms of size, scale or height. 3. It does not significantly adversely affect adjacent properties in terms of overlooking or loss of privacy, daylight or sunlight. 4. It retains adequate car parking, usable garden ground and bin storage within the site. 5. It does not have an adverse impact on traffic or public safety.” 5.56 Of the above noted criterion, only numbers 1 – 3 are of relevance to the consideration and assessment of the application. 5.57 As is the case with the relevant criteria within Policy 5, criteria 1 – 3 concern matters which have already been addressed earlier within this Statement and it is not considered necessary to repeat this assessment here. 5.58 In overfall summary, the RoH fails to address most of the Policies which are cited within the stated reason for the refusal of this application. In the absence of any such assessments, the Appointed Person has failed to demonstrate that the proposed development cannot be fully and reasonably justified against the policies of the development plan which are noted within the terms of the reason for refusal, noting further that a number of the policies which are referred to in this regard are simply of no material relevance to the consideration of the application. 177
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6.0 SUMMARY 6.1 It is our respectful submission that the Council, via the Appointed Person has failed to provide sufficient information to support and justify the stated reasons for the refusal of this planning application. 6.2 It is submitted that in terms of the relevant provisions of the adopted Development Plan, the proposed development can be fully and reasonably justified against the various policies which have been referenced within the stated reason for the refusal of the application. 6.3 Taking into account all of those matters set out above, I would respectfully request that the Local Review Body uphold this Review and in so doing, grant planning permission pursuant to planning application reference P/23/0156. 178
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APPENDIX 1 Submitted via eplanning 179
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APPENDIX 2 180
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SCHEDULE OF REVIEW DOCUMENTS Document 1 Application Form and associated certificates Document 2 Existing Location Plan Document 3 Proposed Location Plan Document 4 Elevations as Existing Document 5 Proposed Elevations Sheet 1 Document 6 Proposed Elevations Sheet 2 Document 7 Proposed 1st Floor Plan Document 8 Existing Sections Document 9 Proposed Sections Document 10 Report of Handling Document 11 Decision Notice 181
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APPENDIX 3 Submitted via eplanning 182
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Page 1 of 7 Montrose House 154 Montrose Crescent Hamilton ML3 6LB Tel: 0303 123 1015 Email: planning@southlanarkshire.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 100616943-001 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. Type of Application What is this application for? Please select one of the following: * Application for planning permission (including changes of use and surface mineral working). Application for planning permission in principle. Further application, (including renewal of planning permission, modification, variation or removal of a planning condition etc) Application for Approval of Matters specified in conditions. Description of Proposal Please describe the proposal including any change of use: * (Max 500 characters) Is this a temporary permission? * Yes No If a change of use is to be included in the proposal has it already taken place? Yes No (Answer ‘No’ if there is no change of use.) * Has the work already been started and/or completed? * No Yes – Started Yes - Completed 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 Loft conversion with increased roof pitch, dormers to front & rear and small balcony. THIS ALSO APPEARS IN THE PAPERS AT APPENDIX 1 4f 183
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Page 2 of 7 Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity 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: * Archi-House(Scotland)Ltd Mr Sam Joseph Smithers Peeka Woodside Avenue Burnblea Street 9 47 Sion 01412211433 PA11 3PQ ML3 6RF United Kingdom UK Bridge of Weir Hamilton sam@archi-house.co.uk NA 184
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Page 3 of 7 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 Pre-Application Discussion Have you discussed your proposal with the planning authority? * Yes No Site Area Please state the site area: Please state the measurement type used: Hectares (ha) Square Metres (sq.m) Existing Use Please describe the current or most recent use: * (Max 500 characters) Access and Parking Are you proposing a new altered vehicle access to or from a public road? * Yes No If Yes please describe and show on your drawings the position of any existing. Altered or new access points, highlighting the changes you propose to make. You should also show existing footpaths and note if there will be any impact on these. SION 703.00 Dwelling-house South Lanarkshire Council 47 BURNBLEA STREET HAMILTON ML3 6RF 654684 271786 185
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Page 4 of 7 Are you proposing any change to public paths, public rights of way or affecting any public right of access? * Yes No If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including arrangements for continuing or alternative public access. How many vehicle parking spaces (garaging and open parking) currently exist on the application Site? How many vehicle parking spaces (garaging and open parking) do you propose on the site (i.e. the Total of existing and any new spaces or a reduced number of spaces)? * Please show on your drawings the position of existing and proposed parking spaces and identify if these are for the use of particular types of vehicles (e.g. parking for disabled people, coaches, HGV vehicles, cycles spaces). Water Supply and Drainage Arrangements Will your proposal require new or altered water supply or drainage arrangements? * Yes No Do your proposals make provision for sustainable drainage of surface water?? * Yes No (e.g. SUDS arrangements) * Note:- Please include details of SUDS arrangements on your plans Selecting ‘No’ to the above question means that you could be in breach of Environmental legislation. Are you proposing to connect to the public water supply network? * Yes No, using a private water supply No connection required If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site). Assessment of Flood Risk Is the site within an area of known risk of flooding? * Yes No Don’t Know If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be determined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required. Do you think your proposal may increase the flood risk elsewhere? * Yes No Don’t Know Trees Are there any trees on or adjacent to the application site? * Yes No If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if any are to be cut back or felled. Waste Storage and Collection Do the plans incorporate areas to store and aid the collection of waste (including recycling)? * Yes No 3 3 186
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Page 5 of 7 If Yes or No, please provide further details: * (Max 500 characters) Residential Units Including Conversion Does your proposal include new or additional houses and/or flats? * Yes No All Types of Non Housing Development – Proposed New Floorspace Does your proposal alter or create non-residential floorspace? * Yes No Schedule 3 Development Does the proposal involve a form of development listed in Schedule 3 of the Town and Country Yes No Don’t Know Planning (Development Management Procedure (Scotland) Regulations 2013 * If yes, your proposal will additionally have to be advertised in a newspaper circulating in the area of the development. Your planning authority will do this on your behalf but will charge you a fee. Please check the planning authority’s website for advice on the additional fee and add this to your planning fee. If you are unsure whether your proposal involves a form of development listed in Schedule 3, please check the Help Text and Guidance notes before contacting your planning authority. Planning Service Employee/Elected Member Interest Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an Yes No elected member of the planning authority? * Certificates and Notices CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATION 2013 One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1, Certificate B, Certificate C or Certificate E. Are you/the applicant the sole owner of ALL the land? * Yes No Is any of the land part of an agricultural holding? * Yes No Certificate Required The following Land Ownership Certificate is required to complete this section of the proposal: Certificate A Bins outside next to car parking, internal storage within kitchen. 187
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Page 6 of 7 Land Ownership Certificate Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 Certificate A I hereby certify that – (1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying application. (2) - None of the land to which the application relates constitutes or forms part of an agricultural holding Signed: Sam Smithers On behalf of: NA Date: 07/02/2023 Please tick here to certify this Certificate. * Checklist – Application for Planning Permission Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information in support of your application. Failure to submit sufficient information with your application may result in your application being deemed invalid. The planning authority will not start processing your application until it is valid. a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to that effect? * Yes No Not applicable to this application b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have you provided a statement to that effect? * Yes No Not applicable to this application c) If this is an application for planning permission, planning permission in principle or a further application and the application is for development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have you provided a Pre-Application Consultation Report? * Yes No Not applicable to this application Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 d) If this is an application for planning permission and the application relates to development belonging to the categories of national or major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? * Yes No Not applicable to this application e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design Statement? * Yes No Not applicable to this application f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an ICNIRP Declaration? * Yes No Not applicable to this application 188
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Page 7 of 7 g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in conditions or an application for mineral development, have you provided any other plans or drawings as necessary: Site Layout Plan or Block plan. Elevations. Floor plans. Cross sections. Roof plan. Master Plan/Framework Plan. Landscape plan. Photographs and/or photomontages. Other. If Other, please specify: * (Max 500 characters) Provide copies of the following documents if applicable: A copy of an Environmental Statement. * Yes N/A A Design Statement or Design and Access Statement. * Yes N/A A Flood Risk Assessment. * Yes N/A A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). * Yes N/A Drainage/SUDS layout. * Yes N/A A Transport Assessment or Travel Plan Yes N/A Contaminated Land Assessment. * Yes N/A Habitat Survey. * Yes N/A A Processing Agreement. * Yes N/A Other Statements (please specify). (Max 500 characters) Declare – For Application to Planning Authority I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying Plans/drawings and additional information are provided as a part of this application. Declaration Name: Mr Sam Smithers Declaration Date: 07/02/2023 Payment Details Pay Direct Created: 08/02/2023 21:48 189
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1200 500 500 Dining 12.3 m2 Reception 21.4 m2 Ensuite 2.6 m2 500 Garage 17.0 m2 Bed 2 10.8 m2 Bed 3 7.6 m2 Entrance hall 5.1 m2 Hallway 4.5 m2 Bathroom 6.8 m2 Bed 1 14.2 m2 St Living 23.3 m2 StSt Kitchen 12.2 m2 Utility 4.6 m2 WC 2.1 m2 Conservatory 10.1 m2 Paving Paving Grass Grass Planting Grass Paved parking Bins A A C C B B 50 1 2 3 4 DrawnDate Design Drawing No. Scale Checked Revision Drawing Title Location For Revision Notes ByDate Copyright reserved. Design right reserved. Do not scale dimensions from this drawing. All dimensions to be checked on site prior to commencing works. Not warranted for construction or tendering unless indicated. Archi-HOUSE, Sam Smithers Chartered Architect, BArch, PGDip 9 Woodside Avenue, Bridge of Weir PA11 3PQ T: 07732 016 829 E: smithers_sam@hotmail.com Ground floor plan As existing 1:100 SLS - A 40(AL)300 12/01/23 47 Burnblea Street, Hamilton, ML3 6RF PLANNINGGround floor plan as existing Scale: 1:1001 N A SLS 27.02.23 Scale bar updated. 4f 191
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1200 500 500 Dining 12.3 m2 Reception 21.4 m2 Ensuite 2.6 m2 500 Garage 17.0 m2 Bed 2 10.8 m2 Bed 3 7.6 m2 Entrance hall 5.1 m2 Hallway 4.5 m2 Bathroom 6.8 m2 Bed 1 14.2 m2 St Living 23.3 m2 Kitchen 12.2 m2 Utility 4.6 m2 WC2.1 m2 Conservatory 10.1 m2 Paving Paving Grass Grass Planting Grass Paved parking Bins C C A A B B SVP Min 600mm D D C A A B B D D 50 1 2 3 4 Existing wall Downtakings New wall KEY DrawnDate Design Drawing No. Scale Checked Revision Drawing Title Location For Revision Notes ByDate Copyright reserved. Design right reserved. Do not scale dimensions from this drawing. All dimensions to be checked on site prior to commencing works. Not warranted for construction or tendering unless indicated. Archi-HOUSE, Sam Smithers Chartered Architect, BArch, PGDip 9 Woodside Avenue, Bridge of Weir PA11 3PQ T: 07732 016 829 E: smithers_sam@hotmail.com Ground floor plan As proposed 1:100 SLS - C 40(AL)300 19/01/23 47 Burnblea Street, Hamilton, ML3 6RF PLANNING Ground floor plan as proposed Scale: 1:1001 N A SLS 30.01.23 Layout updated to client comments. B SLS 01.02.23 Layout updated to client comments. C SLS 27.02.23 Title box updated. 4f 193
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Concrete roof tiles, Large format dark grey Windows, light grey aluminium Dry-dash render, white Smooth render, light grey Timber effect cladding, white Concrete roof tiles, Large format dark grey Windows, white UPVC Stone effect 75mm high blocks Dry-dash render, white Smooth render, light grey Timber effect cladding, white 50 1 2 3 4 Concrete roof tiles, Large format dark grey Windows, light grey aluminium Dry-dash render, white Smooth render, light grey Timber effect cladding, white Timber stair & handrail, natural varnish Brick piers and PC stone copes with decorative stone balustrade Concrete roof tiles, Large format dark grey Windows, white UPVC Stone effect 75mm high blocks Dry-dash render, white Smooth render, light grey Timber door Brick piers and PC stone copes with decorative stone balustrade DrawnDate Design Drawing No. Scale Checked Revision Drawing Title Location For Revision Notes ByDate Copyright reserved. Design right reserved. Do not scale dimensions from this drawing. All dimensions to be checked on site prior to commencing works. Not warranted for construction or tendering unless indicated. Archi-HOUSE, Sam Smithers Chartered Architect, BArch, PGDip 9 Woodside Avenue, Bridge of Weir PA11 3PQ T: 07732 016 829 E: smithers_sam@hotmail.com Elevations as existing 1:100 SLS - A 40(AL)500 17/01/23 47 Burnblea Street, Hamilton, ML3 6RF PLANNING East elevation as existing Scale: 1:1001 West elevation as existing Scale: 1:1003 North elevation as existing Scale: 1:1002 South elevation as existing Scale: 1:1004 A SLS 01.03.23 Window materials updated. 4f 195
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50 1 2 3 4 48.3° Concrete roof tiles, Large format dark grey Windows, light grey aluminium Dry-dash render, white Smooth render, light grey Timber effect cladding, white Circular window, obscure glass fixed light, light grey UPVC1300 800 Light Concrete roof tiles, Large format dark grey Windows, light grey aluminium Dry-dash render, white Smooth render, light grey Timber effect cladding, white Timber stair & handrail, natural varnish Brick piers and PC stone copes with decorative stone balustrade Concrete roof tiles, Large format dark grey Windows, light grey Aluminium Timber effect cladding, white DrawnDate Design Drawing No. Scale Checked Revision Drawing Title Location For Revision Notes ByDate Copyright reserved. Design right reserved. Do not scale dimensions from this drawing. All dimensions to be checked on site prior to commencing works. Not warranted for construction or tendering unless indicated. Archi-HOUSE, Sam Smithers Chartered Architect, BArch, PGDip 9 Woodside Avenue, Bridge of Weir PA11 3PQ T: 07732 016 829 E: smithers_sam@hotmail.com Elevations as proposed Sheet 1 of 2 1:100 SLS - C 40(AL)510 26/01/23 47 Burnblea Street, Hamilton, ML3 6RF PLANNING East elevation as proposed Scale: 1:1001 North elevation as proposed Scale: 1:1002 A SLS 30.01.23 Layout updated to client comments. B SLS 27.02.23 Window sizes revised to client comments. C SLS 22.03.23 Balcony legs removed. 4f 197
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50 1 2 3 4 48.3° 15.0° Concrete roof tiles, Large format dark grey Windows, white UPVC Stone effect 75mm high blocks Dry-dash render, white Smooth render, light grey Timber effect cladding, white FlueLight Concrete roof tiles, Large format dark grey Windows, white UPVC Stone effect 75mm high blocks Dry-dash render, white Smooth render, light grey Brick piers and PC stone copes with decorative stone balustrade Timber rooflight, anthracite grey externally Timber cladding to dormer cheeks and roof, painted white Circular window, clear glass fixed light, light grey UPVC Light DrawnDate Design Drawing No. Scale Checked Revision Drawing Title Location For Revision Notes ByDate Copyright reserved. Design right reserved. Do not scale dimensions from this drawing. All dimensions to be checked on site prior to commencing works. Not warranted for construction or tendering unless indicated. Archi-HOUSE, Sam Smithers Chartered Architect, BArch, PGDip 9 Woodside Avenue, Bridge of Weir PA11 3PQ T: 07732 016 829 E: smithers_sam@hotmail.com Elevations as proposed Sheet 2 1:100 SLS - C 40(AL)511 26/01/23 47 Burnblea Street, Hamilton, ML3 6RF PLANNING West elevation as proposed Scale: 1:1001 South elevation as proposed Scale: 1:1002 A SLS 30.01.23 Layout updated to client comments. B SLS 27.02.23 Windows updated to client comments. C SLS 22.03.23 Balcony legs removed. 4f 199
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Bed 5 17.1 m2 Hall 12.4 m2 +1000 +1200 +2400 +2100 +1800 +1500 +2100 Shower 3.9 m2 Balcony 2.7 m2 C C A A B B +2400 +1800 +1500 +1200 W SVP Bed 4 14.3 m2 Eaves tank Coffin tank D D 123456 7 8 9 10 11 12 13 E Q U A L EQUAL EQUAL 225 225 E Q U A L EQUAL EQUAL 50 1 2 3 4 Existing wall Downtakings New wall KEY DrawnDate Design Drawing No. Scale Checked Revision Drawing Title Location For Revision Notes ByDate Copyright reserved. Design right reserved. Do not scale dimensions from this drawing. All dimensions to be checked on site prior to commencing works. Not warranted for construction or tendering unless indicated. Archi-HOUSE, Sam Smithers Chartered Architect, BArch, PGDip 9 Woodside Avenue, Bridge of Weir PA11 3PQ T: 07732 016 829 E: smithers_sam@hotmail.com First floor plan As proposed 1:100 SLS - D 40(AL)311 26/01/23 47 Burnblea Street, Hamilton, ML3 6RF PLANNING N A SLS 30.01.23 Layout updated to client comments. B SLS 01.02.23 Revised to retain reception roof. First floor plan as proposed Scale: 1:1001 C SLS 27.02.23 Window sizes revised. D SLS 24.03.23 Balcony enlarged to client request. 4f 201
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50 1 2 3 4 Existing pitched roof construction Concrete roof tiles, on tiling battens, on cementitious sarking board (possibly asbestos-based), cold roof, approx 300mm mineral wool insulation between and over existing structure. Existing roof trusses are formed from 95x35mm timbers forming bottom and top chords with 70x30mm ties at 600mm crs. 12.5mm plasterboard to underside. Existing floor construction Timber floor with mineral wool between floor joists & mesh to restrain. Existing wall construction Dry dash render on 102.5mm common brickwork external leaf, 50mm cavity filled with blown EPS bead insulation, 102.5mm common brick internal leaf, timber straps, plasterboard finish internally. KitchenLiving Dining Living HallCorridorBath DrawnDate Design Drawing No. Scale Checked Revision Drawing Title Location For Revision Notes ByDate Copyright reserved. Design right reserved. Do not scale dimensions from this drawing. All dimensions to be checked on site prior to commencing works. Not warranted for construction or tendering unless indicated. Archi-HOUSE, Sam Smithers Chartered Architect, BArch, PGDip 9 Woodside Avenue, Bridge of Weir PA11 3PQ T: 07732 016 829 E: smithers_sam@hotmail.com Cross section As existing 1:100 SLS - A 40(AL)400 26/01/23 47 Burnblea Street, Hamilton, ML3 6RF WARRANT Section AA as existing Scale: 1:1001 A SLS 27.02.23 Scale bar updated. Section CC as existing Scale: 1:1003 Section BB as existing Scale: 1:1002 4f 203
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50 1 2 3 4 Hall Reception BedroomEnsuite 4390 1745 2642 2395 247 Bedroom 5 Living Hall Balcony CorridorBath Bedroom 5 Bedroom 4Shower Hall KitchenLiving Dining 2100 1792 795 DrawnDate Design Drawing No. Scale Checked Revision Drawing Title Location For Revision Notes ByDate Copyright reserved. Design right reserved. Do not scale dimensions from this drawing. All dimensions to be checked on site prior to commencing works. Not warranted for construction or tendering unless indicated. Archi-HOUSE, Sam Smithers Chartered Architect, BArch, PGDip 9 Woodside Avenue, Bridge of Weir PA11 3PQ T: 07732 016 829 E: smithers_sam@hotmail.com Cross Sections As proposed 1:100 SLS - B 40(AL)410 26/01/23 47 Burnblea Street, Hamilton, ML3 6RF PLANNING A SLS 30.01.23 Layout updated to client comments. Section AA as proposed Scale: 1:1001 Section CC as proposed Scale: 1:1003 Section BB as proposed Scale: 1:1002 B SLS 27.02.23 Title box updated. 4f 205
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Planning proposal: Erection of new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony. Location: Sion 47 Burnblea Street Hamilton South Lanarkshire ML3 6RF Application Type: Detailed planning application Applicant: Mr. Joseph Peeka Location: Sion 47 Burnblea Street Hamilton South Lanarkshire ML3 6RF Decision: Other action/notes: Application refused None Report by: Area Manager (Planning & Building Standards) Policy reference: National Planning Framework 4 (adopted 2023) NPF4: Policy 1 Tackling the climate and nature crises NPF4: Policy 2 Climate mitigation and adaptation NPF4: Policy 16 Quality homes South Lanarkshire Local Development Plan 2 (adopted 2021) SLDP2: Policy 2 Climate change SLDP2: Policy 3 General Urban Areas and Settlements SLDP2: Policy 5 Development Management and Placemaking SLDP2: Policy DM2 House Extensions and Alterations Assessment Impact on privacy? No Impact on sunlight/daylight? No Impact on amenity? No Traffic issues? No Adheres to development plan policy? Yes Adverse comments from consultees? No Reference no. P/23/0156 Delegated Report Date THIS ALSO APPEARS IN THE PAPERS AT APPENDIX 2A 4f 207
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Consultations Summary of response None Representation(s): ► 2 Objection letters ► 0 Support letters ► 0 Comment letters 208
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Planning Application Delegated Report 1 Application Summary 1.1 The applicant seeks detailed planning consent for the erection of new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony at Sion, Hamilton. The application site is located within an established residential area. 1.2 The existing house appears to be the result of historic back land development that shares a boundary with 7 other properties (with 6 of those boundaries being rear gardens). The property is over two levels and the proposal has the potential to raise significant privacy and overlooking issues. 1.3 The relevant policies to be considered in this assessment for this application are Policy 16g of the National Planning Framework and policy DM2 of the adopted South Lanarkshire Local Development Plan. 1.4 Policy 16g of National Planning Framework 4 advises that householder development proposals will be supported where they; i) Do not have a detrimental impact on the character or environmental quality of the home and the surrounding area in terms of size, design and materials; and ii) Do not have a detrimental effect on the neighbouring properties in terms of physical impact, overshadowing or overlooking. 1.5 Policy DM2 – Housing Extensions and Alterations states: - the siting, form, scale, design and materials respect the character of the existing dwelling and the wider area. Within this context, high quality, innovative design will be encouraged where it complements the character of the building and its surroundings. - It does not dominate or overwhelm the existing dwelling, neighbouring properties or streetscene in terms of size, scale or height. - It does not significantly adversely affect adjacent properties in terms of overlooking or loss of privacy, daylight or sunlight. - It retains adequate car parking, usable garden ground and bin storage within the site. - It does not have an adverse impact on traffic or public safety. 2 Representation(s) 2.1 Statutory neighbour notification was carried out in respect of this proposal, following which two letters of objection were received. The grounds of objection can be summarised as follows: (a) The new house bedroom windows will look directly into my flat and I am not happy about that. Reason: The distance of the applicants’ windows is over the 18 metre threshold from window to window from 5 & 7 Novar Street. Although, with the proposed extension, the dormer windows will be sited on a high vantage point that will have clear visibility into all gardens of the properties situated on Burnblea Street. This will result in a clear overlooking and privacy issue and will have a detrimental effect on the privacy of all neighbouring properties. 209
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(b) My flat is directly behind this house and so is my garden, the height and size will affect my view from my window and will block sunlight into my garden. Reason: The applicants property is located to the rear of 5 Novar Street. The proposed roof extension will block the neighbouring properties enjoyment of their property by limiting views and believe that the increased roof extension will block natural sunlight into the objector’s garden. (c) As someone who regularly works from home, I have a concern about the noise aspect and the general disruption of this potential project and how it could affect the area, especially with the length of time it would likely take for it to be completed. Reason: The siting of the applicants property is to the rear of 51, 49 and 45 Burnblea Street, 84 and 86 Alness Street, 3, 5, 7, 9, and 11 Novar Street. Whilst it is anticipated that noise and general disruption is inevitable during a development, the siting of the applicants property will generally mean the development will be more disruptive to neighbouring properties than usually anticipated. 3 Assessment and Conclusions 3.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the South Lanarkshire Local Development Plan 2 (adopted 9th April 2021) and National Planning Framework 4 (adopted on 13th February 2023). Section 24(3) of the 1997 Act confirms that if there is an inconsistency between NPF4 policies and a Local Development Plan which was adopted before the 13th February 2023, then the policies in NPF4 prevail. 3.2 Following a detailed assessment of the proposal, it is considered that this application would not comply with relevant policies from either the South Lanarkshire Local Development Plan or the National Planning Framework 4 as it would result in a detrimental effect on the neighbouring properties in terms of physical impact and overlooking. In this respect, the proposed erection of the new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony all combines to result in a considerable increase in overlooking and privacy issues to the rear of surrounding properties, particularly those to the North and West. In addition, the high-pitched roof design is not in keeping with the surrounding area in terms of size or design. The resulting addition would not complement the existing streetscape and competes in scale to an unsatisfactory degree with the original dwelling. 3.3 Two objections were received in connection with this application and no formal consultations were required to be undertaken in this instance given the application type. 3.4 Given the above, it is considered that the proposal will have a significant adverse impact upon amenity and that it does not comply with the relevant national or local development plan policies and guidance. Therefore, it is believed that the refusal of planning consent is justified in this instance. 4 Reason for decision 4.1 The proposal is contrary to Policies 1, 2, and 16 of the National Planning Framework 4 (adopted 2023) and Policies 2, 3, 5 and DM2 of the Local Development Plan 2 (adopted 2021) as it will result in a detrimental impact upon amenity as a result of overlooking and visual impact. There are no other material considerations which would outweigh the proposals variance with the development plan. 210
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Delegating officer: David Russell Date: 03/04/2023 Previous references None List of background papers ► Application Form ► Application Plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated ► Consultations None ► Representations Mrs. Gail Webster, 5 Novar Street, Hamilton, ML3 6TG. Dated: 26.02.2023 26.02.2023 Mr. Dylan Webster, 7 Novar Street, Hamilton, ML3 6TG. Dated: 25.02.2023 25.02.2023 Contact for further information: If you would like to inspect the background papers or want further information, please contact: Graham Fyfe, Planning officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 077551839094 Email: graham.fyfe@southlanarkshire.gov.uk 211
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Planning Application Application number: P/23/0156 Conditions and reasons 01. The proposed extension does not conform to the scale, design or character of the original building on the site or the surrounding built form and would therefore be detrimental to the amenity of the area in general. 02. If approved, the proposal would result in a loss of privacy and would adversely affect the amenity of adjacent properties. 03. If approved, the proposal would result in direct overlooking of private garden ground and would adversely affect the amenity of adjacent properties. Reason(s) for decision The applicant seeks detailed planning consent for the erection of new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony. After a thorough assessment of the proposal and all associated plans and documents, it is considered that the proposal raises significant concerns in terms of its size, design, and has various issues relating to privacy and overlooking of neighbouring properties. Informatives 01. This decision relates to drawing numbers: Reference Version No: Plan Status FLOOR PLAN AS EXISTING 40(AL)300A Refused GROUND FLOOR PLAN AS PROPOSED 40(AL)300C Refused FIRST FLOOR PLAN AS PROPOSED 40(AL)311D Refused SECTION A-A AS EXISTING 40(AL)400A Refused SECTIONS AS PROPOSED 40(AL)410B Refused ELEVATIONS AS EXISTING 40(AL)500A Refused ELEVATIONS AS PROPOSED 1 of 2 40(AL)510C Refused ELEVATIONS AS PROPOSED 2 of 2 40(AL)511C Refused 212
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Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Email graham.fyfe@southlanarkshire.gov.uk Phone: 077551839094 Community And Enterprise Resources Executive Director David Booth Planning And Regulatory Services Sam Smithers Archi-House(Scotland)Ltd 9 Woodside Avenue Bridge Of Weir PA11 3PQ Our Ref: P/23/0156 Your Ref: If calling ask for: Graham Fyfe Date: 6 April 2023 Dear Sir/Madam Proposal: Erection of new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony. Site address: Sion, 47 Burnblea Street, Hamilton, ML3 6RF, Application no: P/23/0156 I would advise you that the above application was refused by the Council and I enclose the decision notice which sets out the reasons for refusal. Please note that the Council does not issue paper plans with the decision notice. The application is refused in accordance with the plans and any other documentation listed in the reasons for refusal imposed on the accompanying decision notice and which can be viewed using the Council’s online planning application search at https://publicaccess.southlanarkshire.gov.uk/online-applications/ If you consider that you can overcome the reasons for refusal and that it is not the principle of the development that is unacceptable, you may submit an amended application. If you do amend your proposals and re-apply within one year of this refusal, then you will not have to pay a fee, provided the proposal is of the same character or description as the application which has just been refused. As your application has been refused, you may appeal against the decision within 3 months of the date of the decision notice. The attached notes explain how you may appeal. Should you have any enquiries relating to the refusal of your application or a potential amended submission, please contact Graham Fyfe on 077551839094 Yours faithfully Head of Planning and Regulatory Services Enc: THIS ALSO APPEARS IN THE PAPERS AT APPENDIX 4 4f 213
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Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006 To: Mr Joseph Peeka NA Per: Sam Smithers Sion, 47 Burnblea Street, Hamilton, ML3 6RF, 9 Woodside Avenue, Bridge Of Weir, PA11 3PQ, With reference to your application received on 09.02.2023 for planning permission under the above mentioned Act: Description of proposed development: Erection of new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony. Site location: Sion, 47 Burnblea Street, Hamilton, ML3 6RF, SOUTH LANARKSHIRE COUNCIL in exercise of their powers under the above mentioned Act hereby: REFUSE PLANNING PERMISSION for the above development in accordance with the plan(s) specified in this decision notice and the particulars given in the application, for the reason(s) listed overleaf in the paper apart. Date: 6th April 2023 Head of Planning and Regulatory Services This permission does not grant any consent for the development that may be required under other legislation, e.g. Building Warrant or Roads Construction Consent. South Lanarkshire Council Community and Enterprise Resources Planning and Regulatory Services Application no. P/23/0156 214
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South Lanarkshire Council Refuse planning permission Paper apart - Application number: P/23/0156 Reason(s) for refusal: Reason(s) for decision The proposal is contrary to Policies 1, 2, and 16 of the National Planning Framework 4 (adopted 2023) and Policies 2, 3, 5 and DM2 of the Local Development Plan 2 (adopted 2021) as it will result in a detrimental impact upon amenity as a result of overlooking and visual impact. There are no other material considerations which would outweigh the proposals variance with the development plan. 215
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Notes to applicant Application number: P/23/0156 Important The following notes do not form a statutory part of this decision notice. However, it is recommended that you study them closely as they contain other relevant information. 01. This decision relates to drawing numbers: Reference Version No: Plan Status FLOOR PLAN AS EXISTING 40(AL)300A Refused GROUND FLOOR PLAN AS PROPOSED 40(AL)300C Refused FIRST FLOOR PLAN AS PROPOSED 40(AL)311D Refused SECTION A-A AS EXISTING 40(AL)400A Refused SECTIONS AS PROPOSED 40(AL)410B Refused ELEVATIONS AS EXISTING 40(AL)500A Refused ELEVATIONS AS PROPOSED 1 OF 2 40(AL)510C Refused ELEVATIONS AS PROPOSED 2 OF 2 40(AL)511C Refused 216
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COMMUNITY AND ENTERPRISE RESOURCES Executive Director David Booth Planning and Economic Development Important notes Town and Country Planning (Scotland) Act 1997 1. Compliance with conditions Under the provisions of the Town and Country Planning (Scotland) Act 1997 (Section 145), failure to comply with any condition(s) imposed on any planning permission may result in the service by the Council of a “Breach of Condition Notice” requiring compliance with the said condition(s). There is no right of appeal against such a Notice and failure to comply with the terms of the Notice within the specified time limit will constitute a summary offence, liable on summary conviction to a fine not exceeding £1000. 2. Procedure for appeal to the planning authority (a) If the applicant is aggrieved by the decision of the planning authority to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997, within three months from the date of this notice. The notice of review should be addressed to: Executive Director (Corporate Resources) Council Headquarters Almada Street Hamilton ML3 0AA To obtain the appropriate forms: Administrative Services at the above address. Telephone: 01698 454108 E-mail: pauline.macrae@southlanarkshire.gov.uk (b) If permission to develop land is refused or granted subject to conditions, whether by the planning authority or by the Scottish Ministers, 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 incapable 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 requiring the purchase of his interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 217
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Further Representation Further Representation From Statement of Observations from Planning Officer on Applicant’s Notice of Review Appendix 6 4g 219
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STATEMENT OF OBSERVATIONS Notice of Review - Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 Planning Application No. P/23/0156 Proposal - Erection of new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony at Sion, 47 Burnblea Street, Hamilton, ML3 6RF. Applicant: Mr. Joseph Peeka. 1.0 Planning Background 1.1 The above planning application was submitted to the Council in early February 2023. The application was originally made invalid due to no fee being received. The applicant then paid the fee on the 10th of February 2023 and the application was validated on that date. Following due consideration of the proposal, the planning application was refused consent under delegated powers on the 3rd of April 2023. The applicant was offered the opportunity to withdraw rather than receive a refusal however no withdrawal was forthcoming. The Report of Handling sets out the planning policy and other material considerations for the decision. The reasons for the refusal are listed in the decision notice. These documents are available elsewhere within the papers. 1.2 The application site is a dwelling located at 47 Burnblea Street, Hamilton. The house appears to have been formed as a result of backland development several decades ago and is positioned in such a way that it is bounded on 3 sides by the rear gardens of 6 different residential properties. Although we do not have the original application records, we would presume that the single- storey nature, and very low roof, of the existing premises was originally chosen to try and minimize the 7impact it had on surrounding properties. The application site is further described in the Report of Handling. 1.3 Following the receipt of this appeal it has come to our attention that, due to an internal system error, the decision notice issued on the 6th of April 2023 did not contain the detailed reasons for refusal set out in the Report of Handling. This is an error in the part of the Council, which we have sought to rectify be providing an amended copy of the decision notice. Irrespective of this issue, the appellant appears to have obtained the reasons for refusal from the Report of Handling so thankfully they have not been disadvantaged in the preparation of their request for a review. 1.4 The reasons for refusal set out in the Report are as follows; 01. The proposed extension does not conform to the scale, design or character of the original building on the site or the surrounding built form and would therefore be detrimental to the amenity of the area in general. 4g 221
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02. If approved, the proposal would result in a loss of privacy and would adversely affect the amenity of adjacent properties. 03. If approved, the proposal would result in direct overlooking of private garden ground and would adversely affect the amenity of adjacent properties. 2.0 Assessment against the development plan and other relevant policies 2.1 Under Section 25 of the Town and Country Planning (Scotland) Act1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the South Lanarkshire Local Development Plan 2 (adopted 29 March 2021) and National Planning Framework 4 (which was laid before the Scottish Parliament on 8 November 2022 and adopted by Scottish Ministers on 13 February 2023).Section 24(3) of the 1997 Act confirms that if there is an inconsistency between NPF4 policies and a Local Development Plan which was adopted before 13 February 2023, then the policies in NPF4 prevail. 2.2 The Policies used in the determination of this application are set out in detail in the Council’s Report of Handling which also details how the proposal was assessed against said Policies. No further comment in this regard is therefore required. 3.0 Observations on applicants Notice of Review 3.1 The applicants have submitted a statement to support their review. The grounds are summarised below: 3.2 It is clear that Policies 1 & 2 of the NPF 4 are not considered to be of relevance to the consideration of the application, with it being further noted that neither of these Policies are subject to any form of assessment within the RoH. In the absence of any form of proper assessment within the RoH, it is submitted that it is wholly unreasonable and unjustifiable for these policies to be cited within the terms of the reason for the refusal of this application. Reason: The appellant has highlighted the use of Polices 1 and 2 of the National Planning Framework 4 (NPF4) being detailed in the Reason for decision. However, as clear in the Report of Handling and in the stated reasons for refusal, issues of overlooking, design and amenity were the principal motivations for refusing this application. The reasons for refusal specifically quote considerations from Policy 16g) of the national Planning Framework 4 and Policies 3, 5 and DM2 of the South Lanarkshire Local Development Plan 2. We would agree that Policies 1 and 2 of NPF4 should mot be the determining factor in reaching a decision on this Review. 3.3 Whilst it is acknowledged that the proposed works will result in a change to the nature of the roof on the main part of the property…the works will not detrimentally impact on the character or environmental quality of the home. Just because the appearance of the home is altered means the appearance of the home is detrimental. Reason: The proposed works used to increase the height of the roof to facilitate a second-floor accommodation with front and rear dormers and a balcony would not 222
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have been in keeping with properties in the surrounding area and would compete in scale to an unsatisfactory degree with the original house. The design approach to reprofile a new roof at a significantly increased angle is inelegant and creates a dwelling with an unusual profile for the surrounding area. Were a second floor to have been considered appropriate, a more suitable approach would have been to extend the existing elevations up to create additional accommodation rather than trying to maintain the existing eaves line. The proposal is contrary to Policy 16g (i) of NPF 4 in that the proposal would have a detrimental impact on the existing property and on the surrounding area in terms of size, design and scale. 3.4 Given the separation distance which lies between the property and existing properties to the north, which lie at a distance of over 25 metres, the proposed development will have little if any physical impact on these properties and will not result in any degree of overshadowing. In terms of overlooking, the properties on Burnblea Street will not be adversely impacted by the proposed development given the separation distance of over 25 metres between the respective properties. Reason: In their grounds of appeal the appellant has repeatedly addressed privacy concerns solely in the context of building position, window-to-window privacy failures and appropriate minimum distances between habitable rooms. However, as stated within the Report of Handling the main privacy concern with the application is the increased overlooking into surrounding private garden ground. To facilitate the second floor of accommodation, the increased ridge height with both front and rear dormers and the installation of a balcony would provide the appellant with a clear elevated vantage point into several neighbouring rear gardens. From the proposed balcony, the appellant would have a clear view into number 45, 49 and 51 Burnblea Street and 86 Alness Street all to the detriment of residential amenity. 3.5 The stated reason for refusal of this planning application indicates that the proposed development is contrary to Policies 2, 3, 5 and DM2 of the Plan. Reason: Policies 3, 5 and DM2 of SLLDP 2 specifically address issues of visual and residential amenity with DM2 detailing specific considerations for alterations to existing residential property. Policy 2 of SLLDP2 relates to climate change and we would accept that the principal reasons for refusal should focus on the proposals suitability in terms of Policies 3, 5 and DM2. 3.6 Policy DM2: House Extensions and Alterations of the LDP... only numbers 1 – 3 are of relevance to the consideration and assessment of the application. Reason: In relation to Policy DM2 of the LDP2, the proposal would be overdominant in relation to the neighbouring properties and adversely impact adjacent properties in terms of overlooking. The proposal would provide a clear vantage point into neighbouring properties and their garden ground to the increased roof ridge line supporting the front and rear dormers, and the balcony offering a clear field of view that would detrimentally impact upon residential amenity. 4.0 Conclusions 4.1 In summary, the proposed development does not comply with the provisions of Policy 16 of the adopted National Planning Framework 4, section (g). The proposed erection 223
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of new roof with increased ridge height to facilitate second floor of accommodation, installation of front and rear dormers and erection of balcony would result in a large degree of overlooking into neighbouring properties garden grounds and ultimately lead to significant privacy issues. In addition, the high-pitched roof is not in keeping with the surrounding area in terms of size or design and would contradict the existing streetscape as it competes in scale to an unsatisfactory degree with the original dwelling. 4.2 Furthermore, the proposed development does not comply with the terms of the Policy DM2 Housing Extensions and Alterations. of the adopted Local Development Plan 2. The proposed roof extension is not well designed and does not integrate with the surrounding area and the proposed balcony and dormers gave the appellant the direct ability to look into neighbouring garden grounds. In this respect, the proposal would directly contradict Policy DM2 Housing Extensions and Alterations. 4.3 The Report of Handling submitted as documentation provides an assessment of all the material planning considerations associated with this proposal. As such, it is clear that the proposal does not comply with the terms of Policy 16(g) of the National Planning Framework 4 nor Policy DM2 of the South Lanarkshire Local Development Plan 2. There are no other material planning considerations that would outweigh the provision of the Development Plan. It is a statutory requirement that when making any determination under the Planning Act regard must be had to the development plan, and the determination shall be in accordance with the provisions of the development plan unless materials considerations indicate otherwise. 4.4 Therefore, it is respectfully requested that the Review Board refuse planning permission for the proposal. 224
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Applicant’s Comments on Further Representation Submitted by Planning and Regulatory Services in the Course of the Notice of Review Consultation Process Appendix 7 4h 225
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SUPPLEMENTARY STATEMENT IN SUPPORT OF THE REQUEST TO REVIEW THE REFUSAL BY SOUTH LANARKSHIRE COUNCIL OF PLANNING APPLICATION REFERENCE P/23/0156 SION, 47 BURNBLEA STREET, HAMILTON 4h 227
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SUPPLEMENTARY STATEMENT IN SUPPORT OF THE REQUEST TO REVIEW THE REFUSAL BY SOUTH LANARKSHIRE COUNCIL OF PLANNING APPLICATION REFERENCE P/23/0156 SION, 47 BURNBLEA STREET, HAMILTON Prepared by: Andrew Bennie Planning Limited 3 Abbotts Court Dullatur G68 0AP Tel: 07720 700210 June 2023 Email: andrew@andrewbennieplanning.com COPYRIGHT The contents of this statement may not be reproduced in whole or in part without the written consent of Andrew Bennie Planning Limited. 228
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CONTENTS 1.0 Introduction 2.0 Response to Interested Party Submission 229
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1.0 INTRODUCTION 1.1 This Statement has been prepared by Andrew Bennie Planning Limited, on behalf of Mr. J Peeka, and is submitted in further support of our Request to Review the refusal of planning application number P/23/0156. 1.2 It should be noted that this Statement is submitted without prejudice to our stated position that the Council’s Planning and Regulatory Service does not constitute an “interested party” within the meaning set down under the Town and Country Planning (Scheme of Delegation and Local Review Procedure)(Scotland) Regulations 2013 and the 1997 Planning Act and as such, their Statement of Observations should not be considered as part of this Review. 230
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2.0 RESPONSE TO INTERESTED PARTY SUBMISSION 2.1 For ease of reference, the comments which are set out below are listed under the numbered paragraph from the Council’s Observations to which they relate. Paragraph 3.2 2.2 It is noted and welcomed that the Council has accepted that Policies 1 and 2 of NPF 4 were not a determining factor in terms of the decision that was reached on the application which forms the basis of this Review. 2.3 In further commenting on this matter, I would note that having accepted that these two policies were not of relevance in terms of the assessment of the application, the Council should have made clear for the purposes of this Review that said policies should not have been referred to within the terms of the Reason for the Refusal of the application and that the LRB should not take said policies into account when determining this Review. Paragraph 3.3 2.4 In stating that the proposed works to the subject property would not be in keeping with the properties in the surrounding area, the Council fail to have regard the fact that it could be reasonably stated that the existing property in its current form is similarly out of keeping with the character of the surrounding area, with the same being true of the detached property which lies to the immediate east side of the site, which in terms of its design is unlike any other properties in the area. 2.5 Whilst the proposed works will, as has already been acknowledged, change the appearance of host property, it is and remains my position that the scale and significance of this change is such that it will not, on balance, be detrimental to the character and amenity of the surrounding area and that as such the proposals can be reasonably justified against the terms of NPF 4 Policy 16(g)(i). Paragraph 3.4 2.6 It has been stated that the proposed works will increase overlooking into surrounding private gardens. 231
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2.7 With regards to the properties on Burnblea Street, the proposed upper storey windows would be set back some 25m from the mutual boundary between the properties, this being well in excess of the 18m window to window distance that is accepted by the Council as affording sufficient separation and privacy when applied to new residential development layouts (based on 19m back gardens and directly opposing rear elevations). 2.8 Consequently, it is not accepted that it can be reasonably stated that the proposed works will have a detrimental impact upon the privacy of those properties which lie to the north side of the site. 2.9 The Council also fail to recognize that due to the nature of the surrounding topography, the rear garden of the Review property is directly overlooked by those properties at numbers 1 - 11 Novar Street, which lie to its south side, and also by the properties at numbers 82 and 84 Alness Street, with it being noted the numbers 82 and 86 Alness Street also directly overlook the rear gardens of the properties at numbers 1 – 11 Novar Street. 2.10 From this, it is clear that none of the properties on Alness Street and Novar Street to which the Council have referred benefit from a high degree of privacy as matters stand at present and the additional “impact” of the proposed works will not lead to any significant diminution of the existing level privacy enjoyed by any of the properties within the surrounding area. Paragraph 3.5 2.11 It is acknowledged and welcomed that the Council has accepted that Policy 2 of the SLLDP2 has been erroneously referred to within the stated reason for the refusal of the application which forms the basis of this Review. Paragraph 3.6 2.12 The terms of this paragraph largely repeat the position set out within 3.4 and consequently, and to avoid any unnecessary repetition, I would refer to my comments at paragraphs 2.7 – 2.10 above. Paragraph 4.1 2.13 Reference has been made to the impact that the proposed works would have upon the existing street scene. 232
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2.14 Whilst such potential impacts would constitute a valid area of concern, the simple fact that the existing/host property occupies a backland site and is wholly shielded from Burnblea Street by an existing property it is axiomatic that the proposed works cannot have an adverse impact upon the street scene. 233
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