Agenda Document Pack - Moray Local Review Body - 16/05/2024
Moray Council · 16 May 2024
Back to Moray Local Review Body — 16 May 2024 and its agenda
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Moray Local Review Body Thursday, 16 May 2024 NOTICE IS HEREBY GIVEN that a Meeting of the Moray Local Review Body is to be held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on Thursday, 16 May 2024 at 09:30. BUSINESS 1 Sederunt 2 Declaration of Group Decisions and Members Interests * 3 Minute of meeting dated 14 March 2024 5 - 8 4 LR300 - Ward 7 - Elgin City South Planning Application 23/01973/APP – Proposed off street car parking space at St Hilda, 31 West Road, Elgin 9 - 68 5 LR301 - Ward 6 - Elgin City North Planning Application 23/01971/APP – Convert front section of garage to hair salon retaining rear section as garden store at 7 Mitchell Crescent, Elgin 69 - 134 6 LR302 - Ward 6 - Elgin City North Planning Application 23/01822/APP – Convert domestic summer house to beauty room at 15 Chanory Road, Elgin, IV30 1XH 135 - 186 Page 1
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Summary of Local Review Body functions: To conduct reviews in respect of refusal of planning permission or unacceptable conditions as determined by the delegated officer, in terms of the Scheme of Delegation to Officers under Section 43(A)(i) of the Town & Country Planning (Scotland) Act 1997 and the Town & Country Planning (Scheme of Delegation and Local Review Procedure)(Scotland) Regulations 2013, or where the Delegated Officer has not determined the application within 3 months of registration. Watching the Meeting You can watch the webcast live by going to: http://www.moray.gov.uk/moray_standard/page_43661.html Webcasts are available to view for 1 year following the meeting. You can also attend the meeting in person, if you wish to do so, please come to the High Street entrance door and a member of staff will be let into the building. Page 2
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GUIDANCE NOTES * Declaration of Group Decisions and Members Interests - The Chair of the meeting shall seek declarations from any individual or political group at the beginning of a meeting whether any prior decision has been reached on how the individual or members of the group will vote on any item(s) of business on the Agenda, and if so on which item(s). A prior decision shall be one that the individual or the group deems to be mandatory on the individual or the group members such that the individual or the group members will be subject to sanctions should they not vote in accordance with the prior decision. Any such prior decisions will be recorded in the Minute of the meeting. ** Written Questions - Any Member can put one written question about any relevant and competent business within the specified remits not already on the agenda, to the Chair provided it is received by the Proper Officer or Committee Services by 12 noon two working days prior to the day of the meeting. A copy of any written answer provided by the Chair will be tabled at the start of the relevant section of the meeting. The Member who has put the question may, after the answer has been given, ask one supplementary question directly related to the subject matter, but no discussion will be allowed. No supplementary question can be put or answered more than 10 minutes after the Council has started on the relevant item of business, except with the consent of the Chair. If a Member does not have the opportunity to put a supplementary question because no time remains, then he or she can submit it in writing to the Proper Officer who will arrange for a written answer to be provided within 7 working days. Page 3
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MORAY COUNCIL Moray Local Review Body SEDERUNT Councillor Marc Macrae (Chair) Councillor Amber Dunbar (Depute Chair) Councillor Neil Cameron (Member) Councillor Juli Harris (Member) Councillor Sandy Keith (Member) Councillor Paul McBain (Member) Councillor Draeyk van der Horn (Member) Councillor Sonya Warren (Member) Clerk Name: Lissa Rowan Clerk Telephone: 07765 741754 Clerk Email: committee.services@moray.gov.uk Page 4
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MORAY COUNCIL Minute of Meeting of the Moray Local Review Body Thursday, 14 March 2024 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor Amber Dunbar, Councillor Juli Harris, Councillor Sandy Keith, Councillor Marc Macrae, Councillor Paul McBain, Councillor Draeyk van der Horn, Councillor Sonya Warren APOLOGIES Councillor Neil Cameron IN ATTENDANCE Mrs MacDonald, Senior Planning Officer as Planning Adviser, Mr Hoath, Senior Solicitor and Mrs Smith, Solicitor as Legal Advisers and Mrs Rowan, Committee Services Officer as Clerk to the Moray Local Review Body. 1 Chair Councillor Macrae, being Chair of the Moray Local Review Body, chaired the meeting. 2 Declaration of Group Decisions and Members Interests In terms of Standing Order 21 and 23 and the Councillor's Code of Conduct, there were no declarations from Group Leaders or Spokespersons in regard to any prior decisions taken on how Members will vote on any item on the agenda or any declarations of Members interests in respect of any item on the agenda. 3 Minute of Meeting dated 18 January 2024 The Minute of the meeting dated 15 February 2024 was submitted and approved. 4 LR299 – Ward 6 – Elgin City North Planning Application 23/01371/APP – Retrospective consent to convert part of garage to hair salon at 22 Duffus Crescent, Elgin A request was submitted by the Applicant, seeking a review of the decision of the Appointed Officer, in terms of the Scheme of Delegation, to refuse planning permission on the grounds that: Item 3 Page 5
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The proposal is contrary to the provisions of the Development Plan because: (i) The salon as a class 1 (shop use) is an incompatible use within a residential property. (ii) The salon within the private residential property is incompatible with the residential area, and the traffic movements with their associated noise and disturbance would have a significant adverse impact on the character and residential amenity of the surrounding residential properties. The proposal is therefore contrary to National Planning Framework 4 (NPF4) Policies 16 b) and 14 c) and Moray Local Development Plan (MLDP) 2020 Policies DP1 (i) a) and PP2 of the Development Plan. A Summary of Information Report set out the reasons for refusal, together with the documents considered or prepared by the Appointed Officer in respect of the planning application, in addition to the Notice of Review, Grounds for Review and supporting documents submitted by the Applicant. In response to a question from the Chair as to whether the Legal or Planning Advisers had any preliminary matters to raise, both the Legal and Planning Advisers advised that they had nothing to raise at this time. The Chair then asked the MLRB if it had sufficient information to determine the request for review. In response, the MLRB unanimously agreed that it had sufficient information to determine the case. Councillor Dunbar, having reviewed the case in detail and visited the site of the application, noted the reasons for refusal however stated that she was of the view that, in terms of NPF4 Policy 16b) the proposal would contribute to providing and enhancing local infrastructure facilities and services and improve the residential amenity of the surrounding area. In terms of NPF4 Policy 14c), Councillor Dunbar believed the proposal was not detrimental to the area and is consistent with the 16 qualities of successful places. In terms of policies DP1 (Development Principles) (i) a) Councillor Dunbar stated that, in her opinion, the character of the proposal is acceptable and supports a walkable neighbourhood and in relation to PP2 (Sustainable Economic Growth) of MLDP 2020, stated that the proposal would contribute to the economic growth of the area and supports the Moray Economic Strategy. Taking all the above into consideration, Councillor Dunbar moved that the MLRB uphold the appeal and grant planning permission in respect of Planning Application 23/01371/APP as, in her opinion, the proposal complies with policy 14c) (Design, Quality and Place) part c) and policy 16 (Business and Industry) part b) of NPF4 and policies DP1 (Development Principles) (i) a) and PP2 (Sustainable Economic Growth) of MLDP 2020. Councillor van der Horn agreed to second Councillor Dunbar’s motion stating that having a hair salon in a residential area should not be precluded. Mrs MacDonald, Planning Adviser advised that, during the consultation period, the Transportation Section had suggested transportation conditions should the application be approved and sought clarification as to whether Councillor Dunbar’s motion to grant planning permission would be subject to the suggested conditions from the Transportation Service. Page 6
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In response, both Councillors Dunbar and van der Horn agreed to add the conditions from the Transportation Service to their motion. Mrs MacDonald, Planning Adviser further highlighted that granting planning permission for this planning application would mean that the property could be used for class 1a use (shops, and financial, professional and other services) and sought clarification as to whether Councillors Dunbar and van der Horn wished to add a condition to ensure that the use be restricted to a hair salon and that only residents of the property could work there. In response, both Councillors Dunbar and van der Horn agreed to add a condition to ensure that the use be restricted to a hair salon and that only residents of the property be permitted to work there. There being no-one otherwise minded, the MLRB unanimously agreed to grant planning permission in respect of Planning Application 23/01371/APP as it is considered that the proposal complies with: • NPF4 Policy 16b) as it would contribute to providing and enhancing local infrastructure facilities and services and improve the residential amenity of the surrounding area; • NPF4 Policy 14c) as the proposal is not detrimental to the area and is consistent with the 16 qualities of successful places; • MLDP 2020 Policy DP1 (Development Principles) (i) a) as the character of the proposal is acceptable and supports a walkable neighbourhood; • MLDP 2020 Policy PP2 (Sustainable Economic Growth) as the proposal would contribute to the economic growth of the area and supports the Moray Economic Strategy; and • subject to the following conditions and reasons: 1. Within six months of the date of this decision notice the existing driveway shall be reconfigured and extended to provide four car parking spaces. The car parking spaces shall thereafter be retained within the site throughout the lifetime of the development for use by residents and customers, unless otherwise agreed in writing with the Council as Planning Authority. Reason: To ensure the permanent availability of the level of parking necessary for residents/visitors/customers in the interests of an acceptable development and road safety. 2. Notwithstanding the provisions of the Town and Country Planning (Use Classes) (Scotland) Order 1997 (as amended, revoked or re-enacted; with or without modification) and Article 3 and Classes 10 to 13a of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended, revoked or re-enacted; with or without modification), the development hereby approved shall be used solely for a hair salon and for no other use or purpose. Reason: To enable the Planning Authority to retain effective control over future development within the application site so that it is carefully managed and does not result in over-development or an adverse impact on the amenity of the area. 3. The hair salon hereby approved shall only be operated by those permanently living at the house known as 22 Duffus Crescent, Elgin. Page 7
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Reason: To ensure the scale of the activities at the premises is such that nuisance to neighbours is avoided. 4. No water shall be permitted to drain or loose material be carried onto the public footway/carriageway. Reason: To ensure the safety and free flow of traffic on the public road and access to the site by minimising the road safety impact from extraneous material and surface water in the vicinity of the access. Page 8
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MORAY LOCAL REVIEW BODY 16 MAY 2024 SUMMARY OF INFORMATION FOR CASE No LR300 Planning Application 23/01973/APP – Proposed off street car parking space at St Hilda, 31 West Road, Elgin Ward 7 – Elgin City South Planning permission was refused under the Statutory Scheme of Delegation by the Appointed Officer on 17 January 2024 on the grounds that: The proposal seeks to form a new access onto the A96(T) Road to provide off-street parking for one vehicle and is contrary to the Moray Local Development Plan (2020) and National Planning Framework 4 for the following reasons: 1. The proposals seek to form a new access onto the A96(T) road which is not permitted by MLDP2020 Policy PP3. 2. The proposed parking space would fail to meet the size requirements for a standard parking space as set by Moray Council Parking Standards and if permitted, could result in vehicles obstructing the footway which would fail to comply with policy DP1 which requires that developments provide a safe access to and from the road network and NPF4 Policy 18 which require the impact of proposals on existing infrastructure to be mitigated. 3. The proposals could result in reversing manoeuvres onto the A96(T) which would interfere with the safety and free flow of the traffic on the A96(T) and this would fail to comply with policy DP1 which requires that proposals must provide a safe entry and exit from the development and NPF4 Policy 13 which requires developments that have the potential to affect the operation and safety of the Strategic Transport Network to be fully assessed Documents considered or prepared by the Appointed Officer in respect of the above planning application are attached as Appendix 1. The Notice of the Review, Grounds for Review and any supporting documents submitted by the Applicant are attached as Appendix 2. No further representations were received. Item 4 Page 9
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Filling Station Elsfield Station Shelter Allandale Thomshill St Margarets Cairnrosa Ash-Lin North View Sinks St Maartens GippslandW ITTET DRIVE Braco-Brae Langlee BRAELOSSIE PLACE Armadale 31.8m 33.3m 31.4m 31.6m 6 8 22 56 58 3 29 19a 5 21 3814 16 46 52 39 Gas Gov W estwood 3 6 14 Location plan for Planning Application Reference Number : 23/01973/APP This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationary Office Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. (c) Crown Copyright. The Moray Council 100023422 2024 Page 11
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APPENDIX 1 DOCUMENTS CONSIDERED OR PREPARED BY THE APPOINTED OFFICER Page 13
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Page 1 of 6 The Moray Council Council Office High Street Elgin IV30 1BX Tel: 0300 1234561 Email: development.control@moray.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 100651089-001 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 Proposed off street car parking space Page 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: * Plans Plus Ms Colin Joanna Keir Inch Main Street West Road 31 Plans Plus Offices 01343 842635 IV30 8LG IV30 1SA Moray UK By Elgin Moray Urquhart Elgin ctkplans@aol.com ctkplans@aol.com Page 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. 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, cycle spaces). ST HILDA 0 1 Moray Council 31 WEST ROAD ELGIN IV30 1SA 862694 320563 Page 17
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Page 4 of 6 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 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: Colin Keir On behalf of: Ms Joanna Inch Date: 08/11/2023 Please tick here to certify this Certificate. * Page 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 Colin Keir Declaration Date: 08/11/2023 Page 19
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Page 6 of 6 Payment Details Cheque: Plans Plus, 014887 Created: 08/11/2023 15:05 Page 20
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CLIENT SCALE DRAWN BY DATE PROJECT NoPROJECT NO WORKS TO COMMENCE ON SITE UNTIL THE RELEVANT PLANNING, BUILDING WARRANT OR GRANT APPROVAL HAS BEEN OBTAINED CONTRACTORS WILL HAVE DEEMED TO HAVE VISITED THE SITE TO FAMILIARIZE THEMSELVES WITH THE PROJECT PRIOR TO SUBMITTING ANY ESTIMATE FOR BUILDING WORKS CROWN COPYRIGHT. ALL RIGHTS RESERVED LICENSE NUMBER 100041145 ANY DEVIATIONS TO APPROVED PLANS TO BE REPORTED TO THIS OFFICE. CONTRACTORS TO CHECK ALL DIMENSIONS ON SITE PRIOR TO COMMENCING BUILDING WORKS GIVEN DIMENSIONS ONLY TO BE USED DO NOT SCALE PLANS ANY ROOF TRUSS TYING INTO AN EXISTING ROOF TO BE CHECKED ON SITE BY CONTRACTOR TO ENSURE HEIGHTS MEET CORRECTLY Ms J Inch 1:50 IR Oct 2023 Proposed new driveway and opening at 31 West Road, Elgin, IV30 1SA 23-17 Location plan 1:2500 Front elevation 1:50 Plan view 1:50 Site plan 1:200 0 5 10 15 20 25metres proposed new dropped kerbs formed across new opening width Section of stone wall between gate opening and corner piller completely removed adjacent to footpath Ex street light untouched footpath West Road 31 2933 Braelossie Place Outline of proposed wall section to be removed Page 21
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PLANNING DESIGN AND DRAINAGE STATEMENT PROJECT :- PROPOSED OFF STREET PARKING SPACE AT 31 WEST ROAD ELGIN. PROJECT NUMBER 23-17 This is an application to remove a section of stone wall on the a section of the A96 at West Road in Elgin. At present the applicant has nowhere to park her car anywhere near to her home and this off street parking space will prove invaluable to her. The applicant has a small car which fits comfortably in the space either on an angle or as shown on the plans. The area the car will sit on will be raised to the same level as the pavement. Drop kerbs along the length of the access are proposed as indicated on plan. Whilst it is acknowledged that the council have policies relating to forming accesses on to trunk roads, these policies are now out-dated when we are trying to encourage the public to move away from using petrol and diesel cars and switch to electric vehicles. There is nowhere available for the applicant to park her electric car nor to charge it. Surely current policies must be flexible where there is an opportunity to change to an electric vehicle. There are no drainage proposals. Page 25
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Consultee Comments for Planning Application 23/01973/APP Application Summary Application Number: 23/01973/APP Address: St Hilda 31 West Road Elgin Moray IV30 1SA Proposal: Proposed off street car parking space Case Officer: Fiona Olsen Consultee Details Name: Mr CL Consultations Address: Environmental Health, Council Offices, High Street Elgin, Moray IV30 1BX Email: Not Available On Behalf Of: Contaminated Land Comments Approved unconditionally by Adrian Muscutt, CLO on 15.11.23 Page 27
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Consultation Request Notification Planning Authority Name Moray Council Response Date 27th November 2023 Planning Authority Reference 23/01973/APP Nature of Proposal (Description) Proposed off street car parking space Site St Hilda 31 West Road Elgin Moray IV30 1SA Site Postcode N/A Site Gazetteer UPRN 000133015976 Proposal Location Easting 320563 Proposal Location Northing 862694 Area of application site (M2) Additional Comment Development Hierarchy Level LOCAL Supporting Documentation URL https://publicaccess.moray.gov.uk/eplanning/ce ntralDistribution.do?caseType=Application&ke yVal=S3UGSQBGKYV00 Previous Application Date of Consultation 13th November 2023 Is this a re-consultation of an existing application? No Applicant Name Ms Joanna Inch Applicant Organisation Name Applicant Address St Hilda 31 West Road Elgin Moray IV30 1SA Agent Name Plans Plus Agent Organisation Name Plans Plus Agent Address Main Street URQUHART By Elgin Moray IV30 8LG Agent Phone Number Agent Email Address N/A Case Officer Fiona Olsen Case Officer Phone number 01343 563189 Case Officer email address fiona.olsen@moray.gov.uk PA Response To consultation.planning@moray.gov.uk NOTE: If you do not respond by the response date, it will be assumed that you have no comment to make. Page 29
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The statutory period allowed for a consultation response is 14 days. Due to scheduling pressures if a definitive response is not received within 21 days this may well cause the two month determination period to be exceeded. Data Protection - Moray Council is the data controller for this process. Information collected about you on this form will be used to process your Planning Application, and the Council has a duty to process your information fairly. Information we hold must be accurate, up to date, is kept only for as long as is necessary and is otherwise shared only where we are legally obliged to do so. You have a legal right to obtain details of the information that we hold about you. For full terms please visit http://www.moray.gov.uk/moray_standard/page_121513.html For full Data Protection policy, information and rights please see http://www.moray.gov.uk/moray_standard/page_119859.html You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more information. Please respond using the attached form:- Page 30
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MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: Transportation Manager Planning Application Ref. No: 23/01973/APP Proposed off street car parking space St Hilda 31 West Road Elgin Moray for Ms Joanna Inch I have the following comments to make on the application:- Please (a) I OBJECT to the application for the reason(s) as stated below (b) I have NO OBJECTIONS to the application and have no condition(s) and/or comment(s) to make on the proposal (c) I have NO OBJECTIONS to the application subject to condition(s) and/or comment(s) about the proposal as set out below x (d) Further information is required in order to consider the application as set out below This proposal is to for a new off street car parking space, accessed directly via the A96 (T) West Road. The proposed arrangement does not appear to offer enough depth to accommodate a parked car. However as the site is accessed directly via a trunk road the suitability (or otherwise) of the proposed new access and parking provision would require to be assessed by Transport Scotland as Trunk Road Authority. Although a street lighting column is located in close proximity to the proposed new access (and may require to be re-located) the responsibility for the street lighting at this location also vests with Transport Scotland. On the basis that the new access does not impact upon Moray Council Roads or infrastructure, Transportation has no comments to make on this proposal. However Transport Scotland should be consulted so that they can assess the impact of the development on their Trunk road network. Further comment(s) to be passed to applicant Planning consent does not carry with it the right to carry out works within the public road boundary. Public utility apparatus may be affected by this proposal. Contact the appropriate utility service in respect of any necessary utility service alterations which have to be carried out at the expense of the developer. No building materials/scaffolding/builder’s skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. Contact: AG Date 17 November 2023 email address: transport.develop@moray.gov.uk Consultee: TRANSPORTATION Return response to consultation.planning@moray.gov.uk Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at http://publicaccess.moray.gov.uk/eplanning/ (You can also use this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received on the proposal). In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid (or mask) the display of such information. Where appropriate other “sensitive” information within documents will also be removed prior to publication online. Page 31
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Transport Scotland Roads Directorate Network Operations - Development Management Response On Development Affecting Trunk Roads and Special Roads To: The Moray Council Council Reference:- 23/01973/APP TS Reference:- NE/242/2023 The Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 S.I.2013 No 155 (S.25) Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 Application made by Ms Joanna Inch per Colin Keir, Plans Plus Main Street Urquhart, Moray IV30 8LG and received by Transport Scotland on 23/11/2023 for planning permission for Proposed off street car parking space located at St Hilda 31 West Road Elgin Moray affecting the A96 Trunk Road. To obtain permission to work within the trunk road boundary, contact the Route Manager through the general contact number below. The Operating Company has responsibility for co-ordination and supervision of works and after permission has been granted it is the developer's contractor's responsibility to liaise with the Operating Company during the construction period to ensure all necessary permissions are obtained. Director, Trunk Roads Network Management Advice 1. The Director does not propose to advise against the granting of permission 2. The Director advises that planning permission be refused (see overleaf for reasons). 3. The Director advises that the conditions shown overleaf be attached to any permission the council may give (see overleaf for reasons). TS Contact:- Area Manager (A96) 0141 272 7100 Transport Scotland, 2nd Floor, George House, 36 North Hanover St, Glasgow G1 2AD Operating Company:- North East Address:- Amey, Caledonian House, West Kinfauns, Perth Telephone Number:- Not Available e-mail address:- occr-northeast@amey.co.uk Page 1 of 2 Page 33
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Transport Scotland Roads Directorate Network Operations - Development Management Response On Development Affecting Trunk Roads and Special Roads NB - Planning etc. (Scotland) Act 2006 Planning Authorities are requested to provide Transport Scotland, Roads Directorate, Network Operations - Development Management with a copy of the decision notice, and notify Transport Scotland, Trunk Roads Directorate if the recommended advice is not accepted. REASON(S) for Refusal 1 The proposed new driveway and opening could potentially result in reversing manoeuvres onto the A96 trunk road. This will interfere with the safety and free flow of the traffic on the A96 trunk road. 2 The length of the proposed new driveway, 4.6m, is less that the length generally recommended for parking spaces. This could potentially result in vehicles obstructing the existing footway on the A96 trunk road. Transport Scotland Response Date:- 30/11/2023 Transport Scotland Contact:- Shaun Phillips Transport Scotland Contact Details:- Roads - Development Management Transport Scotland, 2nd Floor, George House, 36 North Hanover St, Glasgow G1 2AD Telephone Number: 0141 272 7100 e-mail: development_management@transport.gov.scot Page 2 of 2 Page 34
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From: Sent: Wed, 22 Nov 2023 17:38:00 +0000 To: Planning-Comments Subject: 23/01973/APP I am writing to you concerning the planning application ref 23/01973/APP. I was looking for clarification on the application as it seems according to the plan they are using a very narrow shared lane between two properties to create a driveway. Will this affect the property boundary front wall as I’ve concern that the wall is actually listed. I’ve been made aware that they plan to park in the garden at the front of their property but this isn’t what the plan shows. Page 35
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REPORT OF HANDLING Ref No: 23/01973/APP Officer: Fiona Olsen Proposal Description/ Address Proposed off street car parking space St Hilda 31 West Road Elgin Moray Date: 12/01/2024 Typist Initials: DJP RECOMMENDATION Approve, without or with condition(s) listed below N Refuse, subject to reason(s) listed below Y Legal Agreement required e.g. S,75 N Notification to Scottish Ministers/Historic Scotland N Hearing requirements Departure N Pre-determination N CONSULTATIONS Consultee Date Returned Summary of Response Contaminated Land 15/11/23 No Objections Transportation Manager 17/11/23 No Objections Transport Scotland 30/11/23 Objection – The proposed new driveway and opening could potentially result in reversing manoeuvres onto the A96 trunk road. This will interfere with the safety and free flow of the traffic on the A96 trunk road. The length of the proposed new driveway, 4.6m, is less that the length generally recommended for parking spaces. This could potentially result in vehicles obstructing the existing footway on the A96 trunk road. DEVELOPMENT PLAN POLICY Policies Dep Any Comments (or refer to Observations below) NPF1 - Tackling the Climate N Complies NPF2 - Climate mitigation and adaptation N Complies NPF3 - Biodiversity N Complies NPF5 - Soils N Complies NPF13 - Sustainable transport Y See below NPF16 - Quality homes N Complies Page 37
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Page 2 of 5 NPF18 - Infrastructure first Y See below PP1 Placemaking N Complies PP2 Sustainable Economic Growth N Complies PP3 Infrastructure and Services Y See below DP1 Development Principles Y See below EP2 Biodiversity N Complies EP14 Pollution Contamination Hazards N Complies REPRESENTATIONS Representations Received YES Total number of representations received: ONE Names/Addresses of parties submitting representations Name and address details of parties submitting representations withheld in accordance with the General Data Protection Regulations. Summary and Assessment of main issues raised by representations Issue: Seeking clarification on location of proposed driveway Comments (PO): Proposal seeks to remove a section of stone wall to the front of the existing property to form on off-street parking space for a single vehicle. Issue: Front wall is listed Comments (PO): Neither the existing property nor the front wall are listed. OBSERVATIONS – ASSESSMENT OF PROPOSAL Proposal The application seeks planning permission to remove a section of wall to the front of an existing dwellinghouse to form an off-street parking space for a single car. The proposal would involve forming a new access onto the A96 Trunk Road to the south of the site. Site The site is located at St Hilda, 31 West Road, Elgin. The existing main property is a semi-detached dwellinghouse which is bound by the A96 Trunk Road to the south of the site. Neighbouring properties lie to the east and west (attached). Policy Appraisal (MLDP 2020 and NPF4) Road Safety and Impact on Trunk Road (PP3, DP1, NPF4 Policy 13) The proposals seek to form an off-street parking space for a single car to the front of an existing dwellinghouse. The development would involve removing a section of garden wall to the front of the dwelling and forming a new access onto the A96 Trunk Road to the south of the site. At present there is no off-street parking at the property. Policy DP1 (a) states that proposals must provide safe entry and exit from the development and (c) Page 38
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Page 3 of 5 states that proposals must provide a safe access to and from the road network and address any impacts on road safety. Policy PP3(b)(i) outlines that development proposals will not be supported where they create new accesses onto trunk roads unless significant economic benefits are demonstrated or such access is required to facilitate development that supports the provisions of the development plan. NPF4 Policy 13(g) states that development proposals that have the potential to affect the operation and safety of the Strategic Transport Network will be fully assessed to determine their impact. Transport Scotland have been consulted and have advised that planning permission should be refused due to the following reasons: - The proposed new driveway and opening could potentially result in reversing manoeuvres onto the A96 trunk road. This will interfere with the safety and free flow of the traffic on the A96 trunk road. - The length of the proposed new driveway, 4.6m, is less that the length generally recommended for parking spaces. This could potentially result in vehicles obstructing the existing footway on the A96 trunk road. NPF4 Policy 18(b) requires that the impacts of development proposals on infrastructure should be mitigated. A Planning Design and Drainage Statement has been submitted in support of the application which outlines that the applicant cannot park a vehicle at home at present and that due to the size of the vehicle owned, it would fit in the space proposed. The statement also outlines that due there being no off-street parking provision at the property, an electric vehicle cannot be charged at the house. Whilst these points are noted and both policy PP3 and NPF4 Policy 13 seek to improve and enhance electric vehicle infrastructure, charging will not always be possible in-curtilage. Also, whilst the applicant notes that their existing car may fit in the proposed parking space, Moray Council Parking Standards outlines that a standard car parking space should measure no less than 2.5m x 5m and as such the proposed space would fail to meet this requirement. In conclusion, the application will be refused as it proposes a new access onto the A96(T) which is not permitted by policy PP3. In addition, the proposed parking space would fail to meet the size requirements for a standard parking space as set by Moray Council Parking Standards and if permitted, could result in vehicles obstructing the footway which would fail to comply with policy DP1 which requires that developments provide a safe access to and from the road network and NPF4 Policy 18 which require the impact of proposals on existing infrastructure to be mitigated. Transport Scotland were also consulted on the application and advise that the application should be refused as the proposals could result in reversing manoeuvres onto the A96(T) which would interfere with the safety and free flow of the traffic on the A96(T). As a result the proposals would also fail to comply with NPF4 Policy 13 which requires development proposals that have the potential to affect the operation and safety of the Strategic Transport Network to be fully assessed. Siting and Design (DP1, NPF4 Policy 16) Policy DP1 requires that the scale, density and character of all development be appropriate to the surrounding area, be integrated into the surrounding landscape and not adversely impact upon neighbouring properties in terms of privacy, daylight or overbearing loss of amenity. Policy DP1 also states that existing stone walls on buildings and boundaries must be retained. Alterations and extensions must be compatible with the character of the existing building in terms of design, from and Page 39
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Page 4 of 5 choice of materials and positioning and meet all other relevant criteria of this policy. NPF4 Policy 16 states that householder development proposals 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 do not have a detrimental effect on the neighbouring properties in terms of physical impact, overshadowing or overlooking. The proposal seeks to remove a section of front garden wall to form off-street parking for a single car. The proposal is small scale and the removal of a small section of wall would be considered acceptable on this occasion and would not be expected to give rise to any loss of amenity. In this regard the proposal is deemed to comply with the siting and design criteria set by policy DP1 and NPF4 Policy 16 however this would not override the aforementioned objections and as such the application will be refused. Climate Change, Biodiversity and Soils (EP2, NPF4 Policies 1, 2, 3 and 5) The proposal is a householder development only which would result in minimal impact in terms of climate change and soil disturbance. It is not necessary to seek formal biodiversity enhancement on a householder proposal of this scale and therefore in this regard, the proposal is deemed to comply with NPF4 Policies 1, 2, 3 and 5. Conclusion The application will be refused as it proposes a new access onto the A96(T) which is not permitted by policy PP3. In addition, the proposed parking space would fail to meet the size requirements for a standard parking space as set by Moray Council Parking Standards and if permitted, could result in vehicles obstructing the footway which would fail to comply with policy DP1 which requires that developments provide a safe access to and from the road network and NPF4 Policy 18 which require the impact of proposals on existing infrastructure to be mitigated. Transport Scotland were also consulted on the application and advise that the application should be refused as the proposals could result in reversing manoeuvres onto the A96(T) which would interfere with the safety and free flow of the traffic on the A96(T). As a result the proposals would also fail to comply with policy DP1 which requires that proposals must provide a safe entry and exit from the development and NPF4 Policy 13 which requires development proposals that have the potential to affect the operation and safety of the Strategic Transport Network to be fully assessed. OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT None HISTORY Reference No. Description Decision Date Of Decision Page 40
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Page 5 of 5 ADVERT Advert Fee paid? No Local Newspaper Reason for Advert Date of expiry Northern Scot Departure from development plan 21/12/23 PINS Departure from development plan 21/12/23 DEVELOPER CONTRIBUTIONS (PGU) Status N/A DOCUMENTS, ASSESSMENTS etc. * * Includes Environmental Statement, Appropriate Assessment, Design Statement, Design and Access Statement, RIA, TA, NIA, FRA etc Supporting information submitted with application? YES Summary of main issues raised in each statement/assessment/report Document Name: Planning Design and Drainage Statement (ref: 23-17) Main Issues: Outlines that applicant cannot park a vehicle at home at present. Also outlines that car is small and would fit in the space provided, drop kerbs would also be provided. Outlines that there is no where to charge an electric vehicle at the property. . S.75 AGREEMENT Application subject to S.75 Agreement NO Summary of terms of agreement: Location where terms or summary of terms can be inspected: DIRECTION(S) MADE BY SCOTTISH MINISTERS (under DMR2008 Regs) Section 30 Relating to EIA NO Section 31 Requiring planning authority to provide information and restrict grant of planning permission NO Section 32 Requiring planning authority to consider the imposition of planning conditions NO Summary of Direction(s) Page 41
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(Page 2 of 3) Ref: 23/01973/APP IMPORTANT YOUR ATTENTION IS DRAWN TO THE REASONS and NOTES BELOW SCHEDULE OF REASON(S) FOR REFUSAL By this Notice, Moray Council has REFUSED this proposal. The Council’s reason(s) for this decision are as follows: - The proposal seeks to form a new access onto the A96(T) Road to provide off-street parking for one vehicle and is contrary to the Moray Local Development Plan (2020) and National Planning Framework 4 for the following reasons: 1. The proposals seek to form a new access onto the A96(T) road which is not permitted by MLDP2020 Policy PP3. 2. The proposed parking space would fail to meet the size requirements for a standard parking space as set by Moray Council Parking Standards and if permitted, could result in vehicles obstructing the footway which would fail to comply with policy DP1 which requires that developments provide a safe access to and from the road network and NPF4 Policy 18 which require the impact of proposals on existing infrastructure to be mitigated. 3. The proposals could result in reversing manoeuvres onto the A96(T) which would interfere with the safety and free flow of the traffic on the A96(T) and this would fail to comply with policy DP1 which requires that proposals must provide a safe entry and exit from the development and NPF4 Policy 13 which requires developments that have the potential to affect the operation and safety of the Strategic Transport Network to be fully assessed. LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT The following plans and drawings form part of the decision:- Reference Version Title 23~17 Elevations and layout plan Location plan NOTICE OF APPEAL TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 If the applicant is aggrieved by the decision 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 Page 44
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(Page 3 of 3) Ref: 23/01973/APP review should be addressed to The Clerk, Moray Council Local Review Body, Legal and Committee Services, Council Offices, High Street, Elgin IV30 1BX. This form is also available and can be submitted online or downloaded from www.eplanning.scotland.gov.uk If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land’s interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. Page 45
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APPENDIX 2 NOTICE OF REVIEW, GROUNDS FOR REVIEW & SUPPORTING DOCUMENTS Page 47
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Page 1 of 5 The Moray Council Council Office High Street Elgin IV30 1BX Tel: 0300 1234561 Email: development.control@moray.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 100651089-004 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent 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 Plans Plus Colin Keir Main Street Plans Plus Offices 01343 842635 IV30 8LG Moray By Elgin Urquhart ctkplans@aol.com Page 49
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Page 2 of 5 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: * 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 Ms ST HILDA Joanna Moray Council Inch 31 WEST ROAD West Road 31 St Hilda ELGIN IV30 1SA IV30 1SA UK 862694 Moray 320563 Elgin ctkplans@aol.com Page 50
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Page 3 of 5 Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Proposed off street car parking space at St Hilda 31 West Road Elgin IV30 1SA See separate sheet. Page 51
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Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may select more than one option if you wish the review to be a combination of procedures. Please select a further procedure * Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it will deal with? (Max 500 characters) In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Decision notice Report of handling Location plan Drawing Supporting statement 23/01973/APP 17/01/2024 By means of inspection of the land to which the review relates 09/11/2023 A site visit will allow members to view the lack of infrastructure in terms of public charging points and to assess if parking off street on West Road is considered dangerous in terms of the Trunk Road designation Page 52
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Page 5 of 5 Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr Colin Keir Declaration Date: 09/04/2024 Page 53
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MORAY LOCAL REVIEW BODY 16 MAY 2024 SUMMARY OF INFORMATION FOR CASE No LR301 Planning Application 23/01971/APP – Convert front section of garage to hair salon retaining rear section as garden store at 7 Mitchell Crescent, Elgin Ward 6 – Elgin City North Planning permission was refused under the Statutory Scheme of Delegation by the Appointed Officer on 6 March 2024 on the grounds that: The proposal is contrary to the provisions of the Development Plan because: i. A bespoke hair salon is an incompatible use within a domestic garage in the confines of a residential property. ii. The salon within the private residential property is incompatible with the residential location, and, the increase in footfall and traffic movements with their associated noise and disturbance would have an adverse impact on the residential amenity of the surrounding residential properties. The proposal is therefore contrary to NPF Policies 26 b) and 14 c) and MLDP 2020 Policies DP1 (i) a) and PP2 of the Development Plan. Documents considered or prepared by the Appointed Officer in respect of the above planning application are attached as Appendix 1. The Notice of the Review, Grounds for Review and any supporting documents submitted by the Applicant are attached as Appendix 2. No further representations were received. Item 5 Page 69
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Hall to 4 to 6 1 to 3 7 to 10 Millcourt 11 to 14 26 to 30 Pheasant Millbrae Brodie The Millbank 17 19 EAST HIGH STREET DRIVE Darisse BLANE PLACE Cottage BRODIENORTH STREET 26.3m 26.0m 27.9m 26.2m 3 46 44 32 22 36 50 54 20 14 15 7 1 9 6 21 2 4 5 42 40 38 23 31 25 17 2826 8 50a 16 41 18 33 27 24 11 13 5a 59 12 4b4a2a 39 37 26a 43 45 Clyne LB EAST BACK STREET Newark Dunroamyn MITCHELL CRESCENT 18 41 8 24 39 26 21 42 2 to 13 7 9 11 50 5 1 6 54 20 5 32 32 4 18 20 44 1 6 3 2 8 14 15 4 1 6 3 27 Location plan for Planning Application Reference Number : 23/01971/APP This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationary Office Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. (c) Crown Copyright. The Moray Council 100023422 2024 Page 71
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APPENDIX 1 DOCUMENTS CONSIDERED OR PREPARED BY THE APPOINTED OFFICER Page 73
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Page 1 of 8 The Moray Council Council Office High Street Elgin IV30 1BX Tel: 0300 1234561 Email: development.control@moray.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 100651066-001 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 Convert front section of garage to hair salon retaining rear section as garden store at 7 Mitchell Crescent Elgin Page 75
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Page 2 of 8 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: * Plans Plus Miss Colin Miglena Keir Stefanova Main Street Mitchell Crescent 7 Plans Plus Offices 01343 842635 IV30 8LG IV30 4EH Moray UK By Elgin Moray Urquhart Elgin ctkplans@aol.com ctkplans@aol.com Page 76
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Page 3 of 8 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. 7 MITCHELL CRESCENT 0.04 Domestic house and garage Moray Council ELGIN IV30 4EH 863612 321557 Page 77
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Page 4 of 8 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 Are you proposing to connect to the public drainage network (eg. to an existing sewer)? * Yes – connecting to public drainage network No – proposing to make private drainage arrangements Not Applicable – only arrangements for water supply required 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 2 Page 78
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Page 5 of 8 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 All Types of Non Housing Development – Proposed New Floorspace Details For planning permission in principle applications, if you are unaware of the exact proposed floorspace dimensions please provide an estimate where necessary and provide a fuller explanation in the ‘Don’t Know’ text box below. Please state the use type and proposed floorspace (or number of rooms if you are proposing a hotel or residential institution): * Gross (proposed) floorspace (In square meters, sq.m) or number of new (additional) Rooms (If class 7, 8 or 8a): * If Class 1, please give details of internal floorspace: Net trading spaces: Non-trading space: Total: If Class ‘Not in a use class’ or ‘Don’t know’ is selected, please give more details: (Max 500 characters) 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? * Normal house recycling bins. No trade waste as such Class 2 Financial, professional and other services 10 sq.m 10 Page 79
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Page 6 of 8 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: Colin Keir On behalf of: Miss Miglena Stefanova Date: 08/11/2023 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 Page 80
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Page 7 of 8 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 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) Page 81
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Page 8 of 8 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 Colin Keir Declaration Date: 08/11/2023 Page 82
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G A R D E N S TO R E S A LO N E X IS TIN G G A R A G E E x S V P Existing H ouseE x R W P E x W P LO N G ITU D IN A L S E C TIO N . S C A LE 1-50 FR O N T E LE V A TIO N S C A LE 1-50 S ID E E LE V A TIO N S C A LE 1-50 S ITE P LA N S C A LE 1-200 E X IS TIN G G A R A G E P LA N S C A LE 1-50 P R O P O S E D N E W LA Y O U T S C A LE 1-50 N O TE S . E x w all taken dow n to allow a third car to be parked off street. Page 85
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SW Public General Wednesday, 22 November 2023 Local Planner Development Services Moray Council Elgin IV30 1BX Dear Customer, 7 Mitchell Crescent, Elgin, IV30 4EH Planning Ref: 23/01971/APP Our Ref: DSCAS-0098859-RVM Proposal: Convert front section of garage to hair salon retaining rear section as garden store Please quote our reference in all future correspondence Audit of Proposal Scottish Water has no objection to this planning application; however, the applicant should be aware that this does not confirm that the proposed development can currently be serviced. Please read the following carefully as there may be further action required. Scottish Water would advise the following: Waste Water Capacity Assessment This proposed development will be serviced by Moray West Waste Water Treatment Works. To allow us to fully appraise the proposals we suggest that the applicant completes a Pre-Development Enquiry (PDE) Form and submits it directly to Scottish Water via our Customer Portal or contact Development Operations. Surface Water For reasons of sustainability and to protect our customers from potential future sewer flooding, Scottish Water will not accept any surface water connections into our combined sewer system. Development Operations The Bridge Buchanan Gate Business Park Cumbernauld Road Stepps Glasgow G33 6FB Development Operations Freephone Number - 0800 3890379 E-Mail - DevelopmentOperations@scottishwater.co.uk www.scottishwater.co.uk Page 89
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SW Public General There may be limited exceptional circumstances where we would allow such a connection for brownfield sites only, however this will require significant justification from the customer taking account of various factors including legal, physical, and technical challenges. In order to avoid costs and delays where a surface water discharge to our combined sewer system is anticipated, the developer should contact Scottish Water at the earliest opportunity with strong evidence to support the intended drainage plan prior to making a connection request. We will assess this evidence in a robust manner and provide a decision that reflects the best option from environmental and customer perspectives. General notes: Scottish Water asset plans can be obtained from our appointed asset plan providers: Site Investigation Services (UK) Ltd Tel: 0333 123 1223 Email: sw@sisplan.co.uk www.sisplan.co.uk Scottish Water’s current minimum level of service for water pressure is 1.0 bar or 10m head at the customer’s boundary internal outlet. Any property which cannot be adequately serviced from the available pressure may require private pumping arrangements to be installed, subject to compliance with Water Byelaws. If the developer wishes to enquire about Scottish Water’s procedure for checking the water pressure in the area, then they should write to the Customer Connections department at the above address. If the connection to the public sewer and/or water main requires to be laid through land out-with public ownership, the developer must provide evidence of formal approval from the affected landowner(s) by way of a deed of servitude. Scottish Water may only vest new water or waste water infrastructure which is to be laid through land out with public ownership where a Deed of Servitude has been obtained in our favour by the developer. The developer should also be aware that Scottish Water requires land title to the area of land where a pumping station and/or SUDS proposed to vest in Scottish Water is constructed. Please find information on how to submit application to Scottish Water at our Customer Portal. Next Steps: All Proposed Developments All proposed developments require to submit a Pre-Development Enquiry (PDE) Form to be submitted directly to Scottish Water via our Customer Portal prior to any formal Technical Application being submitted. This will allow us to fully appraise the proposals. Page 90
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SW Public General Where it is confirmed through the PDE process that mitigation works are necessary to support a development, the cost of these works is to be met by the developer, which Scottish Water can contribute towards through Reasonable Cost Contribution regulations. Non Domestic/Commercial Property: Since the introduction of the Water Services (Scotland) Act 2005 in April 2008 the water industry in Scotland has opened to market competition for non-domestic customers. All Non-domestic Household customers now require a Licensed Provider to act on their behalf for new water and waste water connections. Further details can be obtained at www.scotlandontap.gov.uk Trade Effluent Discharge from Non-Domestic Property: Certain discharges from non-domestic premises may constitute a trade effluent in terms of the Sewerage (Scotland) Act 1968. Trade effluent arises from activities including; manufacturing, production and engineering; vehicle, plant and equipment washing, waste and leachate management. It covers both large and small premises, including activities such as car washing and launderettes. Activities not covered include hotels, caravan sites or restaurants. If you are in any doubt as to whether the discharge from your premises is likely to be trade effluent, please contact us on 0800 778 0778 or email TEQ@scottishwater.co.uk using the subject “Is this Trade Effluent?". Discharges that are deemed to be trade effluent need to apply separately for permission to discharge to the sewerage system. The forms and application guidance notes can be found here. Trade effluent must never be discharged into surface water drainage systems as these are solely for draining rainfall run off. For food services establishments, Scottish Water recommends a suitably sized grease trap is fitted within the food preparation areas, so the development complies with Standard 3.7 a) of the Building Standards Technical Handbook and for best management and housekeeping practices to be followed which prevent food waste, fat oil and grease from being disposed into sinks and drains. The Waste (Scotland) Regulations which require all non-rural food businesses, producing more than 5kg of food waste per week, to segregate that waste for separate collection. The regulations also ban the use of food waste disposal units that dispose of food waste to the public sewer. Further information can be found at www.resourceefficientscotland.com I trust the above is acceptable however if you require any further information regarding this matter please contact me on 0800 389 0379 or via the e-mail address below or at planningconsultations@scottishwater.co.uk. Yours sincerely, Page 91
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SW Public General Angela Allison Development Services Analyst PlanningConsultations@scottishwater.co.uk Scottish Water Disclaimer: “It is important to note that the information on any such plan provided on Scottish Water’s infrastructure, is for indicative purposes only and its accuracy cannot be relied upon. When the exact location and the nature of the infrastructure on the plan is a material requirement then you should undertake an appropriate site investigation to confirm its actual position in the ground and to determine if it is suitable for its intended purpose. By using the plan you agree that Scottish Water will not be liable for any loss, damage or costs caused by relying upon it or from carrying out any such site investigation." Page 92
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Consultation Request Notification Planning Authority Name Moray Council Response Date 5th December 2023 Planning Authority Reference 23/01971/APP Nature of Proposal (Description) Convert front section of garage to hair salon retaining rear section as garden store at Site 7 Mitchell Crescent Elgin Moray IV30 4EH Site Postcode N/A Site Gazetteer UPRN 000133024858 Proposal Location Easting 321557 Proposal Location Northing 863612 Area of application site (M2) 400 Additional Comment Development Hierarchy Level LOCAL Supporting Documentation URL https://publicaccess.moray.gov.uk/eplanning/ce ntralDistribution.do?caseType=Application&ke yVal=S3UGSNBGKYP00 Previous Application 23/01478/ID Date of Consultation 21st November 2023 Is this a re-consultation of an existing application? No Applicant Name Miss Miglena Stefanova Applicant Organisation Name Applicant Address 7 Mitchell Crescent Elgin Moray IV30 4EH Agent Name Plans Plus Agent Organisation Name Plans Plus Agent Address Main Street URQUHART By Elgin Moray IV30 8LG Agent Phone Number Agent Email Address N/A Case Officer Shona Strachan Case Officer Phone number 01343 563303 Case Officer email address shona.strachan@moray.gov.uk PA Response To consultation.planning@moray.gov.uk NOTE: Page 93
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If you do not respond by the response date, it will be assumed that you have no comment to make. The statutory period allowed for a consultation response is 14 days. Due to scheduling pressures if a definitive response is not received within 21 days this may well cause the two month determination period to be exceeded. Data Protection - Moray Council is the data controller for this process. Information collected about you on this form will be used to process your Planning Application, and the Council has a duty to process your information fairly. Information we hold must be accurate, up to date, is kept only for as long as is necessary and is otherwise shared only where we are legally obliged to do so. You have a legal right to obtain details of the information that we hold about you. For full terms please visit http://www.moray.gov.uk/moray_standard/page_121513.html For full Data Protection policy, information and rights please see http://www.moray.gov.uk/moray_standard/page_119859.html You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more information. Please respond using the attached form:- Page 94
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MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: Environmental Health Manager Planning Application Ref. No: 23/01971/APP Convert front section of garage to hair salon retaining rear section as garden store at 7 Mitchell Crescent Elgin Moray IV30 4EH for Miss Miglena Stefanova I have the following comments to make on the application:- Please x (a) I OBJECT to the application for the reason(s) as stated below (b) I have NO OBJECTIONS to the application and have no condition(s) and/or comment(s) to make on the proposal (c) I have NO OBJECTIONS to the application subject to condition(s) and/or comment(s) about the proposal as set out below × (d) Further information is required in order to consider the application as set out below Condition(s) This Section recommends approval of the development subject to the following condition- Unless otherwise agreed in writing with the Planning Authority, the use of the development shall be permitted between the hours of 1500 to 1800 hours from Tuesday to Saturdays. Informative The premises will require to comply with the Health and safety at Work etc Act 1974 and associated regulations. Contact: Douglas Caldwell Date……08.12.23…………………….. email address: Phone No …………………………….. Consultee: Return response to consultation.planning@moray.gov.uk Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at http://publicaccess.moray.gov.uk/eplanning/ (You can also use this site to track progress of the application and view details of any consultation responses and Page 95
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representations (whether in support or objection) received on the proposal). In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid (or mask) the display of such information. Where appropriate other “sensitive” information within documents will also be removed prior to publication online. Page 96
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Re-consultation Request Notification Planning Authority Name Moray Council Response Date 5th February 2024 Planning Authority Reference 23/01971/APP Nature of Proposal (Description) Convert front section of garage to hair salon retaining rear section as garden store at Site 7 Mitchell Crescent Elgin Moray IV30 4EH Site Postcode N/A Site Gazetteer UPRN 000133024858 Proposal Location Easting 321557 Proposal Location Northing 863612 Area of application site (M2) 400 Additional Comments Development Hierarchy Level LOCAL Supporting Documentation URL https://publicaccess.moray.gov.uk/eplanning/ce ntralDistribution.do?caseType=Application&ke yVal=S3UGSNBGKYP00 Previous Application 23/01478/ID Date of Consultation 22nd January 2024 Is this a re-consultation of an existing application? Yes Applicant Name Miss Miglena Stefanova Applicant Organisation Name Applicant Address 7 Mitchell Crescent Elgin Moray IV30 4EH Agent Name Plans Plus Agent Organisation Name Plans Plus Agent Address Main Street URQUHART By Elgin Moray IV30 8LG Agent Phone Number Agent Email Address N/A Case Officer Shona Strachan Case Officer Phone number 01343 563303 Case Officer email address shona.strachan@moray.gov.uk PA Response To consultation.planning@moray.gov.uk Page 97
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NOTE: If you do not respond by the response date, it will be assumed that you have no comment to make. The statutory period allowed for a consultation response is 14 days. Due to scheduling pressures if a definitive response is not received within 21 days this may well cause the two month determination period to be exceeded. Data Protection - Moray Council is the data controller for this process. Information collected about you on this form will be used to process your Planning Application, and the Council has a duty to process your information fairly. Information we hold must be accurate, up to date, is kept only for as long as is necessary and is otherwise shared only where we are legally obliged to do so. You have a legal right to obtain details of the information that we hold about you. For full terms please visit http://www.moray.gov.uk/moray_standard/page_121513.html For full Data Protection policy, information and rights please see http://www.moray.gov.uk/moray_standard/page_119859.html You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more information. Please respond using the attached form:- Page 98
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MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: Transportation Manager Planning Application Ref. No: 23/01971/APP Convert front section of garage to hair salon retaining rear section as garden store at 7 Mitchell Crescent Elgin Moray IV30 4EH for Miss Miglena Stefanova I have the following comments to make on the application:- Please (a) I OBJECT to the application for the reason(s) as stated below ❑ (b) I have NO OBJECTIONS to the application and have no condition(s) and/or comment(s) to make on the proposal ❑ (c) I have NO OBJECTIONS to the application subject to condition(s) and/or comment(s) about the proposal as set out below x (d) Further information is required in order to consider the application as set out below ❑ This proposal is to convert part of an existing residential garage to a small hair salon. The applicant has submitted supporting details clarifying the operating arrangements (max one client at any time and max three clients per day, and with the occupier being the sole member of staff), which are considered to result in an only minimal increase in vehicular trips to and from the property. The property driveway/access is to be altered to accommodate an additional visitor parking space. Note – for clarity although the submitted details show the removal of the full extents of the existing boundary wall fronting onto Mitchell Crescent, the section of boundary wall presently located along the rear edge of the public footway should be retained, and essentially with only the indented section removed. This will facilitate access to the new parking space but also enable the existing drop kerbs to be utilised without alteration. It would also reduce any loss of on street parking availability outside the property (and ensure that vehicles are not tempted to bump over the full height kerbs). The following conditions would therefore apply: Condition(s) 1. Notwithstanding the submitted details prior to the first use of the garage as a hair salon a section of the existing (indented) boundary wall and pedestrian gate fronting onto the U171E Mitchell Crescent shall be removed to extend the existing access to a width of no greater than 5.0m. Access to the widened driveway/parking area thereafter shall be provided via the existing unaltered drop kerbs. Reason: To ensure acceptable infrastructure at the development access 2. Parking provision shall be the following: • 2 spaces retained for the property; and • 1 space provided for customers. The car parking spaces shall be provided within the site prior to the first use of the garage Page 99
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as a hair salon and made available for use by staff and customers throughout the lifetime of the development, unless otherwise agreed in writing with the Council as Planning Authority. Reason: To ensure the permanent availability of the level of parking necessary for residents/customers/others in the interests of an acceptable development and road safety. 3. No water shall be permitted to drain or loose material be carried onto the public footway/carriageway. Reason: To ensure the safety and free flow of traffic on the public road and access to the site by minimising the road safety impact from extraneous material and surface water in the vicinity of the widened access. Further comment(s) to be passed to applicant Planning consent does not carry with it the right to carry out works within the public road boundary. Public utility apparatus may be affected by this proposal. Contact the appropriate utility service in respect of any necessary utility service alterations which have to be carried out at the expense of the developer. Before starting any work on the existing public road the applicant is obliged to apply for a road opening permit in accordance with Section 56 of the Roads (Scotland) Act 1984. This includes any temporary access joining with the public road. Advice on these matters can be obtained by emailing roadspermits@moray.gov.uk The applicant shall free and relieve the Roads Authority from any claims arising out of their operations on the road or extension to the road. No building materials/scaffolding/builder’s skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. Contact: AG Date 25 January 2024 email address: transport.develop@moray.gov.uk Consultee: TRANSPORTATION Return response to consultation.planning@moray.gov.uk Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at http://publicaccess.moray.gov.uk/eplanning/ (You can also use this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received on the proposal). In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid (or mask) the display of such information. Where appropriate other “sensitive” information within documents will also be removed prior to publication online. Page 100
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REPORT OF HANDLING Ref No: 23/01971/APP Officer: Shona Strachan Proposal Description/ Address Convert front section of garage to hair salon retaining rear section as garden store at 7 Mitchell Crescent Elgin Moray IV30 4EH Date: 04/03/2024 Typist Initials: EW RECOMMENDATION Approve, without or with condition(s) listed below Refuse, subject to reason(s) listed below Y Legal Agreement required e.g. S.75 Notification to Scottish Ministers/Historic Scotland Hearing requirements Departure Pre-determination CONSULTATIONS Consultee Date Returned Summary of Response Transportation Manager 25/01/24 No objection following the submission of an amended plan which shows how 3 parking spaces could be achieved on site. Environmental Health Manager 08/12/23 No objection with conditions which would seek to control the hours of operation, and an informative note that the premises would have to comply with Health and Safety at work regulations. Scottish Water 22/11/23 No objection subject to the applicant undertaking the Scottish Water Pre- Development Enquiry Process. Page 101
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Page 2 of 6 DEVELOPMENT PLAN POLICY Policies Dep Any Comments (or refer to Observations below) National Planning Framework 2023 NPF14 - Design, quality and place Y NPF26 - Business and industry Y NPF1 - Tackling the Climate N NPF2 - Climate mitigation and adaptation N NPF3 - Biodiversity N NPF13 - Sustainable transport N Moray Local Development Plan 2020 PP2 Sustainable Economic Growth Y PP3 Infrastructure and Services N DP1 Development Principles Y REPRESENTATIONS Representations Received NO Total number of representations received Names/Addresses of parties submitting representations Summary and Assessment of main issues raised by representations Issue: Comments (PO): OBSERVATIONS – ASSESSMENT OF PROPOSAL Legislative Framework Section 25 of the 1997 Act as amended requires applications to be determined in accordance with the development plan, namely the adopted National Planning Framework 4 (NPF4) and adopted Moray Local Development Plan 2020 (MLDP) unless material considerations indicate otherwise. The main planning issues are considered below: Proposal Planning permission is sought to convert the front section of an existing domestic garage to a hair salon at 7 Mitchell Cresent Elgin. The rear section of the garage would be used as a garden store. Physical alterations to the garage would entail replacing the existing garage door with an entrance door with glass panel surround and blocking off an existing side door. Internally the garage would be partitioned to create the front bespoke salon space and the rear garden store. Page 102
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Page 3 of 6 As advised in the supporting statement, the proposed operating arrangements entail: The hair salon operating between 3pm and 6pm Tuesday to Saturday with the applicant being the only person working in the salon. It is anticipated that there would be a maximum of 3 clients per day with 1 client in attendance at any one time. During the course of the application the applicant/agent submitted revised plans to show the removal of the existing front boundary wall to show how three parking spaces would be achieved on site. The provision of three parking spaces on site would allow for 2 parking spaces for the property and 1 space for customers. Following the submission of the revised plan, further neighbour notification on the proposals was undertaken. Site 7 Mitchell Cresent is part of an adjoining row of residential properties on a residential street in Elgin. Properties No1 to and including No7 make up the adjoining row of properties. Neighbouring property No9 is separated from No7 by their driveways but their garages adjoin. North Street which is a busy mixed use street is located approximately 100m meters to the east of the site. However, Mitchell Cresent itself is characterised as a residential street. Policy Assessment NPF Policy 26 Business and Industry Part b) Development proposals for home working, live work units and micro-businesses will be supported where it is demonstrated that the scale and nature of the proposed business and building will be compatible with the surrounding area and there will be no unacceptable impacts on amenity or neighbouring uses. NPF Policy 14 Design, Quality and Place Part c) Development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places, will not be supported. MLDP 2020 Policy DP1 Development Principles Policy DP1 (i) a) requires that the scale, density and character of a development must be appropriate to the surrounding area and create a sense of place. Proposals must also not adversely impact upon neighbouring properties in terms of privacy, daylight or overbearing loss of amenity. MLDP 2020 Policy PP2 Sustainable Economic Growth Policies PP2 promote sustainable economic growth provided all potential impacts can be successfully mitigated. In this case, whilst it is recognised that the application proposal is for the hair salon to operate between 3pm and 6pm Tuesday to Saturday with the applicant being the only person working in the salon and likely customer numbers to be in the region of 3 clients per day with 1 client in attendance at any one time. A hair salon is not a typical use ordinarily associated or compatible with residential use. Further, it is considered that given the proposal would entail the creation of a bespoke salon within a domestic garage building within the confines of a private home, it would not possible to practically or effectively enforce any such planning condition(s) which would seek to restrict the operation of the hair salon to the hours, days and numbers of clients identified by the applicant. Therefore, the operation of the salon use with uncontrolled hours, days and numbers of clients would result in an increase of footfall and traffic movements with their associated noise and disturbance which would have a significant adverse impact on the residential amenity of the surrounding residential properties. Page 103
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Page 4 of 6 Taking account of the above considerations, the hair salon is incompatible with the existing residential use and given that the operations of a salon within a domestic garage within the confines of a private home cannot be controlled by planning condition; it is considered that the increase in footfall and traffic movements and their associated noise and disturbance would have a significant adverse impact on the residential amenity of the surrounding residential properties. In light of the above the proposal is deemed to result in an adverse impact on the residential amenity of the surrounding area and as such is contrary to policies NPF 26b & 14c and MLDP DP1 and PP2. Design Considerations NPF14 and MLDP 2020 DP1 The external alterations associated with the change of use would be acceptable and in and of themselves would not create any adverse amenity impacts. The proposal meets the design requirements of Policies NPF14 and MLDP 2020 DP1. However, this is separate from the unacceptable use of the bespoke hair salon. Access and Parking (NPF13 / MLDP DP1 & PP3) Policy 13 Sustainable Transport and policy DP1 require that proposals must provide a safe entry and exit from the development and conform with the Council's current policy on Parking Standards. The Transportation Section has raised no objection to the proposal based on the submission of revised plans which show how the 3 parking spaces could be achieved on site allowing for 2 parking spaces for the property and 1 space for customers. Transportation has recommended conditions which would detail the required access and parking specifications. Subject to compliance with these conditions the proposal would be acceptable under Policies NPF13 and the access and parking requirements of Policy DP1 and PP3. However, this is separate from the unacceptable use of the salon. Climate Change and Biodiversity (NPF4 policies 1, 2 & 3) NPF4 policies 1 and 2 require significant weight to be given to the climate and nature crises in the assessment of all applications and requires climate mitigation from all development. Policy 3 requires biodiversity enhancements. The proposal is of small scale nature that will result in minimal impact in terms of climate change. Biodiversity enhancements are not considered appropriate for a development of this nature in this location. The criteria in the policy has been met. However, this is separate from the unacceptable use of the bespoke salon. Recommendation Refuse OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT None. Page 104
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Page 5 of 6 HISTORY Reference No. Description Operate hairdressing business at 7 Mitchell Crescent Elgin Moray IV30 4EH 23/01478/ID Decision Planning Permission Required Date Of Decision 07/09/23 ADVERT Advert Fee paid? N/A Local Newspaper Reason for Advert Date of expiry DEVELOPER CONTRIBUTIONS (PGU) Status DOCUMENTS, ASSESSMENTS etc. * * Includes Environmental Statement, Appropriate Assessment, Design Statement, Design and Access Statement, RIA, TA, NIA, FRA etc Supporting information submitted with application? YES Summary of main issues raised in each statement/assessment/report Document Name: Supporting Statement Main Issues: Seeks to provide comments in support of the application and details the operating arrangements. The proposed operating arrangements entail: The hair salon operating between 3pm and 6pm Tuesday to Saturday with the applicant being the only person working in the salon. It is anticipated that there would be a maximum of 3 clients per day with 1 client in attendance at any one time. S.75 AGREEMENT Application subject to S.75 Agreement NO Summary of terms of agreement: Location where terms or summary of terms can be inspected: Page 105
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Page 6 of 6 DIRECTION(S) MADE BY SCOTTISH MINISTERS (under DMR2008 Regs) Section 30 Relating to EIA NO Section 31 Requiring planning authority to provide information and restrict grant of planning permission NO Section 32 Requiring planning authority to consider the imposition of planning conditions NO Summary of Direction(s) Page 106
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(Page 2 of 3) Ref: 23/01971/APP IMPORTANT YOUR ATTENTION IS DRAWN TO THE REASONS and NOTES BELOW SCHEDULE OF REASON(S) FOR REFUSAL By this Notice, Moray Council has REFUSED this proposal. The Council’s reason(s) for this decision are as follows: - The proposal is contrary to the provisions of the Development Plan because: i) A bespoke hair salon is an incompatible use within a domestic garage in the confines of a residential property. ii) The salon within the private residential property is incompatible with the residential location, and, the increase in footfall and traffic movements with their associated noise and disturbance would have an adverse impact on the residential amenity of the surrounding residential properties. The proposal is therefore contrary to NPF Policies 26 b) and 14 c) and MLDP 2020 Policies DP1 (i) a) and PP2 of the Development Plan. LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT The following plans and drawings form part of the decision:- Reference Version Title Location plan 23-37-D-1 A Elevations and floor plans DETAILS OF ANY VARIATION MADE TO ORIGINAL PROPOSAL, AS AGREED WITH APPLICANT (S.32A of 1997 ACT) Revised plans to show additional onsite parking. Page 108
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(Page 3 of 3) Ref: 23/01971/APP NOTICE OF APPEAL TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 If the applicant is aggrieved by the decision 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 The Clerk, Moray Council Local Review Body, Legal and Committee Services, Council Offices, High Street, Elgin IV30 1BX. This form is also available and can be submitted online or downloaded from www.eplanning.scotland.gov.uk If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land’s interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. Page 109
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APPENDIX 2 NOTICE OF REVIEW, GROUNDS FOR REVIEW & SUPPORTING DOCUMENTS Page 111
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Page 1 of 5 The Moray Council Council Office High Street Elgin IV30 1BX Tel: 0300 1234561 Email: development.control@moray.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 100651066-006 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent 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 Plans Plus Colin Keir Main Street Plans Plus Offices 01343 842635 IV30 8LG Moray By Elgin Urquhart ctkplans@aol.com Page 113
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Page 2 of 5 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: * 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 Ms 7 MITCHELL CRESCENT Miglena Moray Council Stefanova Mitchell Crescent 7 ELGIN IV30 4EH IV30 4EH United Kingdom 863612 Moray 321557 Elgin ctkplans@aol.com Page 114
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Page 3 of 5 Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Convert front section of garage to hair salon retaining rear section as garden store at 7 Mitchell Crescent Elgin. See separate supporting statement At the time of determination, Review Case 299 had not been heard. The outcome of this Review is relevant due to the similarities of the case. Page 115
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Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may select more than one option if you wish the review to be a combination of procedures. Please select a further procedure * Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it will deal with? (Max 500 characters) In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Supporting statement. Planning decision notice Report of handling of case 23/01971/APP 06/03/2024 By means of inspection of the land to which the review relates 09/11/2023 To assess how little impact this proposal will have on the surrounding area and to see all the other businesses all located close by and functioning successfully. Page 116
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Page 5 of 5 Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr Colin Keir Declaration Date: 11/04/2024 Page 117
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G A R D E N S TO R E S A LO N E X IS TIN G G A R A G E E x S V P Existing H ouseE x R W P E x W P LO N G ITU D IN A L S E C TIO N . S C A LE 1-50 FR O N T E LE V A TIO N S C A LE 1-50 S ID E E LE V A TIO N S C A LE 1-50 S ITE P LA N S C A LE 1-200 E X IS TIN G G A R A G E P LA N S C A LE 1-50 P R O P O S E D N E W LA Y O U T S C A LE 1-50 N O TE S . E x w all taken dow n to allow a third car to be parked off street. Page 133
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MORAY LOCAL REVIEW BODY 16 MAY 2024 SUMMARY OF INFORMATION FOR CASE No LR302 Planning Application 23/01822/APP – Convert domestic summer house to beauty room at 15 Chanory Road, Elgin, IV30 1XH Ward 6 – Elgin City North Planning permission was refused under the Statutory Scheme of Delegation by the Appointed Officer on 9 February 2024 on the grounds that: The proposal is contrary to policies 14 and 26 of the National Planning Framework and policies PP2 and DP1 of the Moray Local Development Plan 2020 for the following reasons: - Operating a beauty room from a summerhouse within a private residential garden with visiting members of the public is considered incompatible with the surrounding area given it would have an adverse impact on the amenity of neighbouring properties in the surrounding residential area. Documents considered or prepared by the Appointed Officer in respect of the above planning application are attached as Appendix 1. The Notice of the Review, Grounds for Review and any supporting documents submitted by the Applicant are attached as Appendix 2. No further representations were received. Item 6 Page 135
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Church of Jesus Christ of Pansport Court 3 to 7 to 91 to 97 83 to 89 Wall Pans Port St Northcote Cottage EAST ROAD 12.4m 11.9m 9 8 4 6 2 5 1 3 47 45 12 11 10 31 66 21 14 22 99 77 28 20 18 49 15 38 23 16 17 19 42 12a 44 13 39 36 30 32 102 PANSPORT ROAD CHANONRY ROADElm House 21 36 4 38 12 11 31 18 14 22 1 1 28 21 9 16 Location plan for Planning Application Reference Number : 23/01822/APP This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationary Office Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. (c) Crown Copyright. The Moray Council 100023422 2024 Page 137
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APPENDIX 1 DOCUMENTS CONSIDERED OR PREPARED BY THE APPOINTED OFFICER Page 139
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Page 1 of 7 The Moray Council Council Office High Street Elgin IV30 1BX Tel: 0300 1234561 Email: development.control@moray.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 100647907-001 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 Please state date of completion, or if not completed, the start date (dd/mm/yyyy): * Please explain why work has taken place in advance of making this application: * (Max 500 characters) 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 The summer house is an existing building previously used for domestic purposes. I now wish to convert it into a small beauty room to provide a service to individual clients (one at a time) It would be used for approximately 10 hours per week. Existing summer house previously used for domestic purposes and now wish to use it to provide beauty treatments for individual clients 01/10/2023 Page 141
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Page 2 of 7 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: * 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 Mrs 15 CHANONRY ROAD Elvira Moray Council Jaganjac 15 Chanonry Road 15 15 Chanonry Road ELGIN IV30 1XH IV30 1XH Scotland 862821 Elgin 322401 Petite Beauty by Erna Page 142
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Page 3 of 7 Pre-Application Discussion Have you discussed your proposal with the planning authority? * Yes No Pre-Application Discussion Details Cont. In what format was the feedback given? * Meeting Telephone Letter Email Please provide a description of the feedback you were given and the name of the officer who provided this feedback. If a processing agreement [note 1] is currently in place or if you are currently discussing a processing agreement with the planning authority, please provide details of this. (This will help the authority to deal with this application more efficiently.) * (max 500 characters) Title: Other title: First Name: Last Name: Correspondence Reference Date (dd/mm/yyyy): Number: Note 1. A Processing agreement involves setting out the key stages involved in determining a planning application, identifying what information is required and from whom and setting timescales for the delivery of various stages of the process. 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. 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. Operate beauty therapy business from summer house at 15 Chanonry Road Elgin Moray IV30 1XH I refer to your enquiry of 13 September 2023 regarding the above proposal. In this instance planning permission is required as the proposal constitutes development under the Town and Country Planning (Scotland) Act 1997 and the submission of a formal application will be necessary. 3.00 Summer house for domestic use Mr Andrew 23/01583/ID/AM/SS Miller 04/10/2023 Page 143
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Page 4 of 7 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 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 0 Very minimal wastage but clinical waste will be disposed of via a contract with clinical waste company in Moray, This will be stored in a small box within the premises prior to collection. 0 Page 144
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Page 5 of 7 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 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: Mrs Elvira Jaganjac On behalf of: Date: 10/10/2023 Please tick here to certify this Certificate. * Page 145
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Page 6 of 7 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 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) Page 146
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Page 7 of 7 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: Mrs Elvira Jaganjac Declaration Date: 10/10/2023 Payment Details Online payment: T77454 Payment date: 10/10/2023 12:02:17 Created: 10/10/2023 12:02 Page 147
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1:1250 0 25m 50m 100m 200m 0 1m 10m5m 1:1000 10 20 501:500 Plan 1 No.1.1 15.09.23 A2 PrintPage 151
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From: Shaya Anderson <Shaya.Anderson@moray.gov.uk> Sent: 27 Oct 2023 11:56:17 To: DMSMyEmail@moray.gov.uk Cc: Subject: FW: Help with application Attachments: From: Elvira Jaganjac <elvirajaganjac53@gmail.com> Sent: 27 October 2023 09:16 To: Shaya Anderson <Shaya.Anderson@moray.gov.uk> Subject: Re: Help with application Warning. This email contains web links and originates from outside of the Moray Council network. You should only click on these links if you are certain that the email is genuine and the content is safe. Support information for the planing permit of 15 Chanonry Road Elgin Iv 30 1 XH My name is Elvira Jaganjac, I am 61 year old lady. I am a beauty therapist with over 21 year of experience. Presently I work at a very busy salon which I’m employed over 17 years, and I truly struggle with amount of work. Due to my ill health and on advice of my rheumatologist I need to cut down my work, or stop altogether. I already had both knees replaced, my shoulder operated and I walk with a support of a walking stick. In January I suffered a heart attack and now I am under the care of cardiologist. I am very passionate what I do and always try to perform at the best of my ability. I suffer from depression and my work has always been my saviour. It would be easiest for me to be signed off work and stay at home, but I do feel that would worsen my depression. I would like to leave work and be able to do a couple clients a day at my own pace. My business consists of myself Elvira Jaganjac and my daughter Erna Mcgarvey. We would be splitting the week working alternate days. Our week consist of opening Monday to Thursday 10 am to 3pm. There will only ever be one client present per time slot. The maximum amount of clients per day would be 4. All my clients will access the summer house through my house, and not at any time my neighbours would be disturbed. Treatment’s would consist of; waxing, electrolysis, microblading and make up. I had contacted an environmental health and I had followed a list she sent to me that I must comply with. I have installed an extractor fan and free standing electrical sink( which provides warm water) that complies with health and safety regulations. We have had a fire safety check and have passed and obtained fire certificate. Waste management will collect the clinical waste ie electrolysis needles and wax strips. I have chosen to open the Beauty room in my garden and lower my work hours as I am no longer able to work as much and intend on doing lighter treatments. Page 153
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From: Planning Consultations Sent: Mon, 6 Nov 2023 14:52:50 +0000 To: Planning Consultation Subject: RE: Moray Council Planning Application Consultation for 23/01822/APP Warning. This email contains web links and originates from outside of the Moray Council network. You should only click on these links if you are certain that the email is genuine and the content is safe. Good Afternoon, Scottish Water has no objection to this planning application; If there is any increase in the hard-standing area within the property boundary, you must look to limit an increase to your existing discharge rate and volume of surface water. Where possible we recommend that you consider alternative rainwater options. All reasonable attempts should be made to limit the flow. No new connections will be permitted to the public infrastructure. Any additional surface water will discharge to the existing private pipework within the site boundary. I trust the above is acceptable however if you require any further information regarding this matter please contact me on 0800 389 0379 or via the e-mail address below or at planningconsultations@scottishwater.co.uk. Kind regards, Angela Allison Technical Analyst Scottish Water Dedicated Freephone Helpline : 0800 389 0379 Business Email: Angela.Allison@scottishwater.co.uk Team Mailbox: DevelopmentOperations@scottishwater.co.uk Business Weblink: https://www.scottishwater.co.uk/Business-and-Developers/Connecting-to-Our-Network The Bridge Buchanan Gate Business Park Page 155
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Cumbernauld Road
Stepps
Glasgow G33 6FB
Scottish Water
Trusted to serve Scotland
Please consider the environment before printing this e-mail.
------------------- Original Message -------------------
From: Local Planner <consultation.planning@moray.gov.uk>;
Received: Fri Nov 03 2023 11:18:15 GMT+0000 (Greenwich Mean Time)
To: <planningconsultations@scottishwater.co.uk>;
Subject: Moray Council Planning Application Consultation for 23/01822/APP
**EXTERNAL MAIL** - Think Before You Click
Please find attached notification of consultation
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Consultee Comments for Planning Application 23/01822/APP Application Summary Application Number: 23/01822/APP Address: 15 Chanonry Road Elgin Moray IV30 1XH Proposal: Convert domestic summer house to beauty room at Case Officer: Emma Mitchell Consultee Details Name: Mr CL Consultations Address: Environmental Health, Council Offices, High Street Elgin, Moray IV30 1BX Email: Not Available On Behalf Of: Contaminated Land Comments Approved unconditionally - Adrian Muscutt Page 158
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Consultation Request Notification Planning Authority Name Moray Council Response Date 17th November 2023 Planning Authority Reference 23/01822/APP Nature of Proposal (Description) Convert domestic summer house to beauty room at Site 15 Chanonry Road Elgin Moray IV30 1XH Site Postcode N/A Site Gazetteer UPRN 000133018456 Proposal Location Easting 322401 Proposal Location Northing 862821 Area of application site (M2) 3 Additional Comment Development Hierarchy Level LOCAL Supporting Documentation URL https://publicaccess.moray.gov.uk/eplanning/ce ntralDistribution.do?caseType=Application&ke yVal=S2COOPBGKB500 Previous Application Date of Consultation 3rd November 2023 Is this a re-consultation of an existing application? No Applicant Name Petite Beauty By Erna Applicant Organisation Name Applicant Address 15 Chanonry Road Elgin Moray IV30 1XH Agent Name Agent Organisation Name Agent Address Agent Phone Number Agent Email Address N/A Case Officer Emma Mitchell Case Officer Phone number 01343 563326 Case Officer email address emma.mitchell@moray.gov.uk PA Response To consultation.planning@moray.gov.uk NOTE: If you do not respond by the response date, it will be assumed that you have no comment to make. The statutory period allowed for a consultation response is 14 days. Due to scheduling Page 159
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pressures if a definitive response is not received within 21 days this may well cause the two month determination period to be exceeded. Data Protection - Moray Council is the data controller for this process. Information collected about you on this form will be used to process your Planning Application, and the Council has a duty to process your information fairly. Information we hold must be accurate, up to date, is kept only for as long as is necessary and is otherwise shared only where we are legally obliged to do so. You have a legal right to obtain details of the information that we hold about you. For full terms please visit http://www.moray.gov.uk/moray_standard/page_121513.html For full Data Protection policy, information and rights please see http://www.moray.gov.uk/moray_standard/page_119859.html You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more information. Please respond using the attached form:- Page 160
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MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: Environmental Health Manager Planning Application Ref. No: 23/01822/APP Convert domestic summer house to beauty room at 15 Chanonry Road Elgin Moray IV30 1XH for Petite Beauty By Erna I have the following comments to make on the application:- Please x (a) I OBJECT to the application for the reason(s) as stated below (b) I have NO OBJECTIONS to the application and have no condition(s) and/or comment(s) to make on the proposal (c) I have NO OBJECTIONS to the application subject to condition(s) and/or comment(s) about the proposal as set out below × (d) Further information is required in order to consider the application as set out below Reason(s) for objection Condition(s) Further comment(s) to be passed to applicant Informative: The premises will require to comply with the Health and Safety at Work etc Act 1974. Further information required to consider the application Contact: Julia McDonald Date…17.11.23……………………….. email address: Phone No …………………………….. Consultee: Page 161
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Return response to consultation.planning@moray.gov.uk Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at http://publicaccess.moray.gov.uk/eplanning/ (You can also use this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received on the proposal). In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid (or mask) the display of such information. Where appropriate other “sensitive” information within documents will also be removed prior to publication online. Page 162
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From: Danielle Ponman <Danielle.Ponman@moray.gov.uk> Sent: 15 Nov 2023 09:10:34 To: DMSMyEmail@moray.gov.uk Cc: Subject: FW: 11016- SEPA response to 23/01822/APP Attachments: Danielle Ponman| Clerical Assistant/WPO | Economic Growth and Development Danielle.ponman@moray.gov.uk | website | facebook | twitter | newsdesk 07976494800 Working Hours Monday – Friday Mornings From: Planning.North <Planning.North@sepa.org.uk> Sent: 14 November 2023 12:06 To: Planning Consultation <consultation.planning@moray.gov.uk> Cc: Emma Mitchell <Emma.Mitchell@moray.gov.uk> Subject: 11016- SEPA response to 23/01822/APP Warning. This email contains web links and originates from outside of the Moray Council network. You should only click on these links if you are certain that the email is genuine and the content is safe. OFFICIAL Dear Emma Mitchell Town and Country Planning (Scotland) Acts 23/01822/APP Convert domestic summer house to beauty room at 15 Chanonry Road, Elgin, Moray, IV30 1XH In line with the advice in the Transitional Arrangements for National Planning Framework 4 letter, issued by the Chief Planner, Fiona Simpson, on 8 February 2023 our position and advice given below is based on NPF4 policy. Thank you for the above consultation. Based on the information provided, it appears that this application falls below the thresholds for which SEPA provide site specific advice. Please refer to our consultation framework and standing advice, which is available on our website. If after reading the standing advice you still require comments from SEPA on a specific matter, before re-consulting us please consider whether this case could be effectively dealt with in the regular Council/SEPA triage meeting. I trust these comments are of assistance - please do not hesitate to contact me if you require any further information. Kind regards, Barbara Olszowy Planning Officer Disclaimer: This advice is given without prejudice to any decision made on elements of the proposal regulated by us, as such a decision may take into account factors not considered at this time. We prefer all the technical information required for any SEPA consents to be submitted at the same time as the planning or similar application. However, we consider it to be at the applicant's commercial risk if any significant changes required during the regulatory stage necessitate a further planning application or similar application and/or neighbour notification or advertising. We have relied on the accuracy and completeness of the information supplied to us in providing the above advice and can take no responsibility Page 163
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for incorrect data or interpretation, or omissions, in such information. If we have not referred to a particular issue in our response, it should not be assumed that there is no impact associated with that issue. For planning applications, if you did not specifically request advice on flood risk, then advice will not have been provided on this issue. Further information on our consultation arrangements generally can be found on our website planning pages. OFFICIAL Page 164
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Consultation Request Notification Planning Authority Name Moray Council Response Date 17th November 2023 Planning Authority Reference 23/01822/APP Nature of Proposal (Description) Convert domestic summer house to beauty room at Site 15 Chanonry Road Elgin Moray IV30 1XH Site Postcode N/A Site Gazetteer UPRN 000133018456 Proposal Location Easting 322401 Proposal Location Northing 862821 Area of application site (M2) 3 Additional Comment Development Hierarchy Level LOCAL Supporting Documentation URL https://publicaccess.moray.gov.uk/eplanning/ce ntralDistribution.do?caseType=Application&ke yVal=S2COOPBGKB500 Previous Application Date of Consultation 3rd November 2023 Is this a re-consultation of an existing application? No Applicant Name Petite Beauty By Erna Applicant Organisation Name Applicant Address 15 Chanonry Road Elgin Moray IV30 1XH Agent Name Agent Organisation Name Agent Address Agent Phone Number Agent Email Address N/A Case Officer Emma Mitchell Case Officer Phone number 01343 563326 Case Officer email address emma.mitchell@moray.gov.uk PA Response To consultation.planning@moray.gov.uk NOTE: If you do not respond by the response date, it will be assumed that you have no comment to make. The statutory period allowed for a consultation response is 14 days. Due to scheduling pressures if a definitive response is not received within 21 days this may well cause the two month determination period to be exceeded. Page 165
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Data Protection - Moray Council is the data controller for this process. Information collected about you on this form will be used to process your Planning Application, and the Council has a duty to process your information fairly. Information we hold must be accurate, up to date, is kept only for as long as is necessary and is otherwise shared only where we are legally obliged to do so. You have a legal right to obtain details of the information that we hold about you. For full terms please visit http://www.moray.gov.uk/moray_standard/page_121513.html For full Data Protection policy, information and rights please see http://www.moray.gov.uk/moray_standard/page_119859.html You can contact our Data Protection Officer at info@moray.gov.uk or 01343 562633 for more information. Please respond using the attached form:- Page 166
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MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: Transportation Manager Planning Application Ref. No: 23/01822/APP Convert domestic summer house to beauty room at 15 Chanonry Road Elgin Moray IV30 1XH for Petite Beauty By Erna I have the following comments to make on the application:- Please (a) I OBJECT to the application for the reason(s) as stated below (b) I have NO OBJECTIONS to the application and have no condition(s) and/or comment(s) to make on the proposal (c) I have NO OBJECTIONS to the application subject to condition(s) and/or comment(s) about the proposal as set out below x (d) Further information is required in order to consider the application as set out below This proposal is to convert a small domestic summer house to beauty room and appears to be retrospective in nature. The applicant has submitted supporting details clarifying that the beauty room would operate by pre-bookings only, with only one customer present per time slot and with a maximum of 4 clients per day. Although no off street parking presently exists or is proposed there is considered to be sufficient on street parking available within the adjacent/ surrounding streets to accommodate the limited additional parking demand associated with the change of use. At the time of the site visit there was however evidence of inappropriate driver parking behaviour within Chanonry Road and in particular in close proximity to the property. For the benefit of clarity the applicant should be aware that legislation is shortly to be introduced which effectively makes it illegal to park on a public footway. The ‘national pavement parking prohibition’ is expected to come into force across Scotland from December 2023. Further comment(s) to be passed to applicant Planning consent does not carry with it the right to carry out works within the public road boundary. No building materials/scaffolding/builder’s skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. Contact: AG Date 24 November 2023 email address: transport.develop@moray.gov.uk Consultee: TRANSPORTATION Return response to consultation.planning@moray.gov.uk Please note that information about the application including consultation responses and representations (whether in support or objection) received on the proposal will be published on the Council’s website at http://publicaccess.moray.gov.uk/eplanning/ (You can also use this site to track progress of the application and view details of any consultation responses and representations (whether in support or objection) received on the proposal). In order to comply with the Data Protection Act, personal information including signatures, personal telephone and email details will be removed prior to publication using “redaction” software to avoid (or mask) the display of such information. Where appropriate other “sensitive” information within documents will also be removed prior to publication online. Page 167
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MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: The Moray Council, Flood Risk Management Planning Application Ref. No: 23/01822/APP I have the following comments to make on the application:- Please x (a) I OBJECT to the application for the reason(s) as stated below (b) I have NO OBJECTIONS to the application and have no condition(s) and/or comment(s) to make on the proposal (c) I have NO OBJECTIONS to the application subject to condition(s) and/or comment(s) about the proposal as set out below (d) Further information is required in order to consider the application as set out below Contact: Natalie Dunton Date: 10/01/2024 email address: Natalie.dunton@moray.gov.uk Phone No Consultee: The Moray Council, Flood Risk Management Page 168
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REPORT OF HANDLING Ref No: 23/01822/APP Officer: Emma Mitchell Proposal Description/ Address Convert domestic summer house to beauty room at 15 Chanonry Road Elgin Moray IV30 1XH Date: 08/02/2024 Typist Initials: DJP RECOMMENDATION Approve, without or with condition(s) listed below N Refuse, subject to reason(s) listed below Y Legal Agreement required e.g. S,75 N Notification to Scottish Ministers/Historic Scotland N Hearing requirements Departure N Pre-determination N CONSULTATIONS Consultee Date Returned Summary of Response Environmental Health Manager 20/11/23 No objection – informative to be attached if consent granted Contaminated Land 07/11/23 No objection Transportation Manager 24/11/23 No objections – informatives to be attached if consent granted Scottish Water 06/11/23 No objection Scottish Environment Protection Agency 14/11/23 Consulted in error Moray Flood Risk Management 10/01/24 No objection DEVELOPMENT PLAN POLICY Policies Dep Any Comments (or refer to Observations below) National Planning Framework 4 NPF1 - Tackling the Climate N NPF2 - Climate mitigation and adaptation N NPF3 - Biodiversity N NPF13 - Sustainable transport N NPF14 - Design, quality and place Y NPF22 - Flood risk N NPF23 - Health and safety N NPF26 - Business and industry Y Moray Local Development Plan 2020 PP1 Placemaking N Page 169
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Page 2 of 4 PP2 Sustainable Economic Growth Y DP1 Development Principles Y EP12 Management and Enhancement Water N EP14 Pollution Contamination Hazards N REPRESENTATIONS Representations Received NO Total number of representations received Names/Addresses of parties submitting representations Summary and Assessment of main issues raised by representations Issue: Comments (PO): OBSERVATIONS – ASSESSMENT OF PROPOSAL Proposal • Retrospective planning permission is sought for the conversion of an existing domestic summerhouse to a beauty room at 15 Channory Road, Elgin. • A supporting statement submitted with the proposal details:- • Operating hours are 10am to 3pm Monday to Thursday • One client will visit at a time with a maximum of 4 in day • 2 members of staff (including applicant), with only one working at a time • Beauty room to be accessed via applicants house • Treatments include waxing, electrolysis, microblading and makeup • A licence for skin piercing and tattooing has been applied for from the Council at the application address. • The summerhouse is 6.5 sqm in size. External materials include timber painted green/grey and a green/grey metal roof. • The summerhouse has a free standing electrical sink (for hot water) and an extractor fan. Site Characteristics • 15 Channory Road is located on a residential street located to the east of the centre of Elgin. • 15 Channory Road is a mid-terrace property. The terrace is made up of 4 single storey dwellings. Each has a small garden to the front and a garden to the rear. The end terrace properties have their own driveways for parking while the mid terraces only have on street parking. • Access to the rear garden at 15 Channory Road is from either through the dwelling or via the neighbouring properties garden. • The summerhouse is located in the southeast corner of the site facing towards the rear elevation of 15 Channory Road. Policy Section 25 of the 1997 Act as amended requires applications to be determined in accordance with the development plan, namely the adopted National Planning Framework 4 (NPF4) and adopted Moray Local Development Plan 2020 (MLDP) unless material considerations indicate otherwise. The main planning issues are considered below: Page 170
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Page 3 of 4 Siting (NPF 14 & 26 / MLDP DP1 & PP2) Policy 14 stipulates that development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places, will not be supported. Policy 26 states development proposals for home working, live work units and micro- businesses will be supported where it is demonstrated that the scale and nature of the proposed business and building will be compatible with the surrounding area and there will be no unacceptable impacts on amenity or neighbouring uses. Policy DP1 requires that the scale, density and character of a development must be appropriate to the surrounding area and create a sense of place. Proposals must also not adversely impact upon neighbouring properties in terms of privacy, daylight or overbearing loss of amenity. Policy PP2 aims to promote sustainable economic growth provided all potential impacts can be successfully mitigated. In this case, whilst it is recognised that the proposal is to operate on a part time basis (4 days a week between the hours of 10am and 3pm by two members of staff (including the applicant) with a maximum of 4 customers per day) it is not acceptable due to it being an incompatible use within the residential area. A beauty room is not a use generally found in the rear garden of a domestic property in a summerhouse. It is not possible to practically or effectively enforce any such planning condition which would seek to restrict the operation of the beauty room to the hours, days and numbers of clients identified by the applicant. Therefore, the operation of a beauty room from a summerhouse in a rear garden with uncontrolled hours, days and numbers of clients would result in an increased level of footfall, car trips and parking that would not be in keeping with the residential use of the surrounding area. Taking account of the above considerations, a beauty room in a summerhouse in this location is incompatible with the residential area and given that the operations of it cannot be controlled by planning condition, it is considered that the increased footfall and traffic movements with their associated noise and disturbance would have a significant adverse impact on the character and residential amenity of the surrounding residential properties. In light of the above the proposal is deemed to result in an adverse impact on the residential amenity of the surrounding area and as such is contrary to policies 14, 26, DP1 and PP2 Access and Parking (NPF13 / MLDP DP1 & PP3) Policy 13 Sustainable Transport and policy DP1 require that proposals must provide a safe entry and exit from the development and conform with the Council's current policy on Parking Standards. Transportation were consulted on the proposal and have no objection to it. It was noted that no off street parking presently exists or is proposed. There is considered to be sufficient on street parking available within the adjacent / surrounding streets to accommodate the limited additional parking demand associated with the change of use. The criteria in the policy has been met. Climate Change and Biodiversity (NPF4 policies 1, 2 & 3) NPF4 policies 1 and 2 require significant weight to be given to the climate and nature crises in the assessment of all applications and requires climate mitigation from all development. Policy 3 requires biodiversity enhancements. The proposal is of very small nature that will result in minimal impact in terms of climate change. Biodiversity enhancements are not considered appropriate for a development of this nature in this location. The criteria in the policy has been met. Recommendation Refuse Page 171
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Page 4 of 4 OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT None HISTORY Reference No. Description Decision Date Of Decision ADVERT Advert Fee paid? Yes Local Newspaper Reason for Advert Date of expiry Northern Scot Departure from development plan 30/11/23 PINS Departure from development plan 30/11/23 DEVELOPER CONTRIBUTIONS (PGU) Status N/A DOCUMENTS, ASSESSMENTS etc. * * Includes Environmental Statement, Appropriate Assessment, Design Statement, Design and Access Statement, RIA, TA, NIA, FRA etc Supporting information submitted with application? YES Summary of main issues raised in each statement/assessment/report Document Name: Supporting Statement Main Issues: Outlines background to proposal including operating hours/days, staff numbers, treatments available and ventilation . S.75 AGREEMENT Application subject to S.75 Agreement NO Summary of terms of agreement: Location where terms or summary of terms can be inspected: DIRECTION(S) MADE BY SCOTTISH MINISTERS (under DMR2008 Regs) Section 30 Relating to EIA NO Section 31 Requiring planning authority to provide information and restrict grant of planning permission NO Section 32 Requiring planning authority to consider the imposition of planning conditions NO Summary of Direction(s) Page 172
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(Page 2 of 3) Ref: 23/01822/APP IMPORTANT YOUR ATTENTION IS DRAWN TO THE REASONS and NOTES BELOW SCHEDULE OF REASON(S) FOR REFUSAL By this Notice, Moray Council has REFUSED this proposal. The Council’s reason(s) for this decision are as follows: - The proposal is contrary to policies 14 and 26 of the National Planning Framework and policies PP2 and DP1 of the Moray Local Development Plan 2020 for the following reasons: - • Operating a beauty room from a summerhouse within a private residential garden with visiting members of the public is considered incompatible with the surrounding area given it would have an adverse impact on the amenity of neighbouring properties in the surrounding residential area. LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT The following plans and drawings form part of the decision:- Reference Version Title 1 Site and location plan 2 Floor plan and elevations DETAILS OF ANY VARIATION MADE TO ORIGINAL PROPOSAL, AS AGREED WITH APPLICANT (S.32A of 1997 ACT) None NOTICE OF APPEAL TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 If the applicant is aggrieved by the decision 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 The Clerk, Moray Council Local Review Body, Legal and Committee Services, Council Offices, High Street, Elgin IV30 1BX. This form is also available and can be submitted online or downloaded from www.eplanning.scotland.gov.uk If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be Page 174
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(Page 3 of 3) Ref: 23/01822/APP permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land’s interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. Page 175
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APPENDIX 2 NOTICE OF REVIEW, GROUNDS FOR REVIEW & SUPPORTING DOCUMENTS Page 177
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